DUTCH INITIATIVES TO IMPROVE CONTROLS ON

UNCLAS SECTION 01 OF 07 THE HAGUE 001803 SIPDIS STATE FOR G/TIP, G, INL, DRL, PRM, EUR/PGI, EUR/UBI E.O. 12958: N/A TAGS: KCRM PHUM KWMN ELAB SMIG NL SUBJECT: DUTCH INITIATIVES TO IMPROVE CONTROLS ON PROSTITUTION AND EFFORTS TO FIGHT "LOVER BOYS" REF: (A) THE HAGUE 174; (B) THE HAGUE 1446 -------------- Summary and Background -------------- ¶1. As Justice Minister Donner and Foreign Minister Bot told visiting G/TIP Director Miller (reftel B) in early June, the Dutch consider their legalization of brothels an effort to fight trafficking in persons in the prostitution industry. According to a July 2 letter by Donner to the Second Chamber (Lower House),there is broad support in Dutch society for the 2000 legalization. The prostitution industry has become more transparent and "clean" due to the licensing system. Nonetheless, there have been criticisms the law has not been as effective as hoped. In his letter, Donner noted a number of points, which require further attention, particularly regarding improving controls on illegal forms of prostitution. These initiatives are spelled out in an action plan on regulating and protecting the prostitution industry. The initiatives include a quality mark for prostitution businesses and model contracts for prostitutes and licensees; a national registration of permits in the escort industry; support for prostitutes wanting to step out; and more local government controls on the sector. Although the action plan focuses on prostitution, it also lays out the government's efforts to ensure the delivery of better information to TIP victims about B-9 procedures and more resources in fighting the "lover boy" problem. The plan also assigns responsibility for action to specific government agencies and ministries and sets a deadline for action. ¶2. Justice Ministry contacts expect the Second Chamber to discuss the plan in September 2004 after the summer recess. They hope the Chamber will be able to discuss the third report of the National TIP Rapporteur (expected to be released July 20) at the same time. An evaluation of the action plan will be included in the second assessment of the law lifting the ban on brothels, which will be published in ¶2005. -------------- -------------- Action Plan on Regulating and Protecting the Prostitution Sector -------------- -------------- ¶3. On July 2, the Dutch government presented its action plan on prostitution and trafficking in persons, which includes additional measures to achieve the main goals set in 2000 when the ban on brothels was lifted. Those goals were: -- controlling and regulating the exploitation of voluntary prostitution (among other things by introducing a local licensing policy); -- improving the fight against exploitation of involuntary prostitution; -- protecting minors from sexual abuse (in the prostitution sector); -- protecting the position of prostitutes; -- freeing the prostitution sector from criminal elements; and -- reducing the extent of prostitution by illegal aliens. ¶4. The action plan entitled "Regulation and Protection of the Prostitution Sector" flows from a Second Chamber debate in November 2003 on the first evaluation of the 2000 law. During that debate, there appeared broad parliamentary support for legalized prostitution, but problems were identified (reftel A). The new 65-page action plan is Justice Minister Donner's solution to those problems. The plan gives an overview of the problems identified, proposes concrete measures to solve them, lists the individual Ministries responsible for implementing the measures and the respective target dates by which the measures should be in place. ¶5. A summary of the action plan follows: -------------- ¶6. Local Prostitution Policy -------------- Problem: Local governments have primary responsibility for prostitution policy. As noted in the 2003 Police Monitor of the Police Project Group in Prostitution/TIP, there are differences in the way municipalities implement and enforce prostitution policy. These differences in some cases have led to shifts in illegal forms of prostitution and exploitation (TIP) to municipalities with fewer or less strict controls. Action: The Cabinet will urge all local governments to develop and implement prostitution licensing and enforcement policies by January 1, 2005. Local governments will be urged to use the models laid down in the Local Prostitution Policy Manual developed by the Association of Dutch Municipalities (VNG) just prior to the lifting of the ban on brothels. Interior Ministry; January 1, 2005. Problem: Improvement of administrative enforcement in the prostitution sector. Action: Pilot projects have been developed with "best practices" for local enforcement. These "best practices" will be sent to all local governments and put on a website. Justice Ministry; August 1, 2005. Problem: More Defined Role for Local Governments/Police: Local governments have primary responsibility for regulations concerning the exploitation of brothels (administrative enforcement - whether brothel owners are complying with the law). The police carry out law enforcement responsibility, particularly in investigating TIP cases. Almost all municipalities have transferred their administrative controls to the police. The 2003 Police Monitor shows that intensified controls by the police as administrative and law enforcement controllers have resulted in decriminalization and clean-up of the sector. These intensified controls have also produced more insight into the sector. This has resulted into a growing number of TIP investigations. Action: Further consultations with police and local governments about carrying out administrative controls in the general prostitution business. Interior Ministry; January 1, 2005. Problem: Administrative enforcement in "hidden" prostitution sectors (e.g. escort services): Within the prostitution sector, escort services are the most difficult to control and regulate, which is due mostly to the high degree of mobility in this sector and use of mobile phone and Internet. Administrative controls on escort services are extremely important to be able to meet the goals of prostitution policy. According to the 2003 Police Corps Monitor, illegal forms of prostitution (TIP, sex with minors) appear to be concentrated in this sector, as well as in other less visible or non-licensed forms of prostitution (prostitution in hotels or coffee houses). According to the Action Plan, it is very difficult to make an assessment of the extent of the illegal sector, because part of it remains totally hidden. It is, therefore, necessary to make this sector visible and controllable. This requires close cooperation between all parties involved (local government, police, tax service, employment bureaus and labor inspection). Action: -- The Hague, Eindhoven and Amsterdam have carried out a pilot project in order to develop "best practices" for administrative enforcement in the escort sector. These best practices will be distributed to municipalities and assistance will be given in applying the developed instruments. Justice Ministry; January 1, 2005; -- A national registration system will be set up for (escort) licenses in order to improve controls on escort services. Justice Ministry; May 1, 2005 -- A code of conduct will be developed for newspapers and Internet providers making it possible to accept advertisements only when license or Chamber of Commerce registration numbers are mentioned. Justice Ministry; May 1, 2005; -- Local governments will be urged to develop a legal basis for regulating and controlling escort services, in order to prevent relocations and improve controls. Interior Ministry; January 1, 2005; -- Consultations with police and local governments will be held about administrative controls in the prostitution sector not tied to a location. Interior Ministry; January 1, 2005. In addition, further consultations will be held about measures to enable local governments to ban the sex industry from their cities (zero policy). Also, the abolishment of street-walking zones in some cities is expected to create problems both with respect to local safety and to meeting the goals of prostitution policy. Local governments should take account of the pros and cons of these zones in their decision-making. (For instance, the city of Utrecht complained "business" in its zone increased once Amsterdam closed down its zone.) -------------- ¶7. Prostitution as a Job -------------- Problem: Labor relations within the prostitution sector are unclear. Since the lifting of the ban on brothels, brothel operators/employers are subject to the same labor laws as other sectors. This means they have to pay wage tax and social security premiums on the incomes of the prostitutes. In many cases, however, operators as well as prostitutes make it seem as if they are working independently - and evade taxes and premiums. Clear labor relations are important to prevent undesirable forms of exploitation. Action: Representatives of brothels operators and prostitutes are jointly drafting model contracts, which will be assessed by the tax services and labor bureaus on the consequences for tax and social premium levying. On the basis of these model contracts, operators can determine the consequences of a chosen labor relation: self-employed or not. Prostitutes will thus gain more insight into their legal rights. Ministries of Social Affairs/Finance; January 1, 2005. -------------- ¶8. Stepping Out -------------- Problem: Prostitutes wanting to quit their jobs for health or other reasons are often not covered by unemployment or sickness benefits. Their employers usually think they have no commitments, or they find it difficult to take out an insurance policy. Self-employed prostitutes have to make their own arrangements. Other obstacles for stepping-out prostitutes may be inadequate labor market qualifications, debts, housing or addiction problems. Action: -- Local governments will be encouraged to inform prostitutes wanting to step out that they are eligible for general welfare. Interior Ministry, January 1, 2005; -- In 2003, the Ministry of Health, Welfare and Sports (VWS) granted a subsidy to the De Graaf Foundation to support local governments in developing a coherent assistance package for stepping-out prostitutes. This resulted in a brochure, which was sent to all local governments, giving an insight into the problems of these ex-prostitutes and providing information about initiatives and projects that can help local governments in developing their own policies. This information can also be found on www.uitdeprostitutie.nl. After summer 2004, the foundation will organize a number of workshops for local governments. VWS Ministry; January 2005; -- The Social Affairs Ministry has subsidized a number of projects developed by the "Red Thread" organization for prostitutes. The projects include training modules and best practices in helping ex-prostitutes to find new jobs. The instruments are geared to the specific circumstances of ex- prostitutes. The Social Affairs Ministry is also subsidizing a stepping-out program being developed by the "Scarlet Cord" aimed at re-socialization and psychosocial support. Social Affairs Ministry; January 1, 2005. -------------- ¶9. Strengthening Prostitutes' Position -------------- Problem: The basic principle that prostitution must be voluntary means women must be protected from any form of coercion or manipulation. Although the 2003 Police Monitor noted most of the sex clubs in the licensed prostitution sector are meeting these criteria, prostitutes are still in a weak position (although generally they are not considered victims). The prostitution sector itself has indicated it wishes to develop a quality mark to improve its image. Action: In addition to a more active enforcement of local prostitution policy, model contracts and quality criteria (see below) in local licensing policy will improve the (legal) position of prostitutes. In addition, the Social Affairs Ministry has allocated subsidies to projects aimed at empowering women in vulnerable positions. These subsidies are open until January 1, 2005. -------------- ¶10. Quality Mark for Brothels -------------- Problem: Self-regulation by the prostitution sector still is insufficient. Legalization of brothels has also given brothel operators more responsibility in meeting the statutory obligations without setting standards. Moreover, it is in their interest to give the sector a better image. Action: Together with representatives of the prostitution sector (prostitutes and brothel owners),the De Graaf Foundation for Prostitution Issues will assess options for a quality mark. The idea is to grant such marks to prostitution businesses that, in addition to strict permit conditions set by municipalities, meet supplementary criteria with regard to safety, health and integrity. One criterion may also be informing customers of the need to report signs of possible TIP victims. De Graaf; January 1, ¶2005. In addition, the Economics Ministry will organize a brainstorming session in supporting the sector to start up business and to improve the sector's image. January 1, ¶2005. -------------- ¶11. Trafficking in Persons -------------- Problem: A major problem in investigating and prosecuting punishable forms of exploitation is the invisibility in the non-licensed prostitution sector. The first assessment of the law lifting the ban on brothels showed a shift had taken place with TIP perpetrators moving to sectors which were not regulated or which were difficult to control (escort, hotel and bar prostitution),although there was no evidence of a large-scale shift. The 2003 Police Monitor showed illegal forms of exploitation particularly occur in the non-licensed sector. During police controls of the licensed sector, hardly any illegalities were found in 2003. The invisibility and high degree of mobility of the unregulated prostitution sector make it difficult to obtain relevant information required for a successful investigation and prosecution of punishable forms of exploitation. Action: -- In order to obtain the necessary information, victims and witnesses of illegal prostitution efforts and TIP must become more willing to report illegalities must be increased. The College of Attorneys-General is preparing new TIP instruction to prosecutors and police that will emphasize the need for providing proper information to the victim about the risks of reporting the crime and the services that can be offered. Ministry of Justice; January 1, 2005. -- In a number of police regions, fixed teams closely cooperate with brothel operators and prostitutes in order to obtain information about possible illegalities. In a number of concrete cases, the police even managed to identify and arrest suspects without statements from victims. These "best practices" are being distributed among the police forces. Ministry of Interior; January 1, 2005. -------------- ¶12. Victim Protection -------------- Action: -- To be able to offer victims maximum protection, the government will support a number of pilot projects for "safe houses," i.e. secret private shelters for women with acute safety risks. Ministry of Health, Welfare and Sports; January 1, 2007. -- The Cabinet will continue to stimulate close cooperation between police and women's shelters in order to protect TIP victims through continued subsidies to the Foundation against Trafficking in Women (STV). Subsidies to women's shelters have been raised structurally by 1.2 million euros in 2004 and up to 4 million in 2007. -- Consultations are being held between the Justice and Social Affairs Ministries on the possibility for TIP victims in the B-9 regulation to perform economic activities. An adjustment to this effect in the Act on Alien Labor is expected Fall 2004. -- Victims fearing retaliation in their home countries may be given permanent residence status on humanitarian grounds. To be able to take a careful decision, a special file on the victim will be built up so that the burden of proof will no longer be on the victim only. -- Embassies in important countries of origin will be given guidelines in the financing of TIP projects, particularly aimed at prevention and re-integration. Ministry of Foreign Affairs; January 1, 2005. -- During actions aimed at catching and deporting illegal aliens, the alien police will pay more attention to the presence of possible TIP victims in order to give the victims an opportunity to identify themselves and press charges. This is part of a newly developed so-called Quality Program (training) for the Alien Police. Immigration Service; January 1, 2005. -- Through websites of customers, brothel operators and prostitution businesses, customers will be informed about health risks and (signals) of TIP. They will be informed of the possibility to report offenses anonymously. Justice Ministry; January 1, 2005. -------------- ¶13. Information Exchange -------------- Problem: Investigations and prosecutions of TIP cases must not only be based on victim statements, but also on relevant information gathered by the police. Information from the immigration services is essential. Action: Information from the immigration services and alien police will be made available to the police. The alien police will also assist with its expertise in criminal investigations. Investments in computerized police investigation systems will be increased. Consultations will be held with various relevant organizations (e.g. tax service, labor bureaus, Disclosure Office for Unusual Financial Transactions, and Asset Seizure Office) about exchanging information in TIP investigations. Justice and Interior Ministries; January 1, 2005. -------------- ¶14. Police Capacity -------------- Problem: The invisibility and mobility (untraceability) of the non-licensed part of the sector require much police and other enforcement capacity. The fight against people trafficking, which is a national priority for police and justice, has been intensified, and TIP is now considered a form of serious organized crime rather than just a sexual offense (initially recommended by the National Rapporteur). This has consequences for the organizational structure of police and justice. Action: -- Regular consultations are being held among the contact persons for TIP from the various regional police forces within the Expert Group on Prostitution and People Trafficking. Interior Ministry; ongoing. -- Police are being trained in TIP investigations and their behavior toward TIP victims; Justice Ministry; ongoing. -- The police have set up a registration system in which both victims and traffickers are registered, which has improved the information exchange among the regional forces. Interior Ministry; ongoing. -- A TIP module is being developed for criminal investigators at the new police academy. Interior Ministry; January 1, 2005. -- National developments will be closely monitored, experiences exchanged, proposals developed and offered, both to police forces, local governments and public prosecutors. Interior Ministry; January 1, 2005. -- In view of the Dutch position as a transit and destination country, the police will closely cooperate with other countries in (international) TIP investigations. Interior/Justice; January 1, 2005. -- Despite capacity problems, the police have committed themselves to continue TIP investigations, through sharp controls and intensive information exchange, analysis, and detection of victims and suspects. Interior/Justice; January 1, 2005. -- The establishment of a Joint Investigation Team (JIT) with other EU Member States to work with Bulgaria in attacking TIP is being supported. Interior/Justice; January 1, 2005. -- Because of the expanded definition of people trafficking in the new law (to cover labor trafficking - law is pending before the First Chamber),TIP investigations will also be reviewed outside the prostitution sector, in which other special investigation services will also play a role, such as the labor inspection, the Economic Control Service and the tax service. Justice/Social Affairs Ministries; January 1, 2005 -------------- ¶15. Prosecution Capacity -------------- The public prosecutor's office has also taken measures to improve TIP investigations and prosecutions. In addition to the appointment of a national TIP prosecutor, the establishment of the National Crime Squad facilitates a centrally coordinated fight against TIP. Public prosecutors are also being trained in TIP issues. Action: -- The TIP Instruction by the College of Attorneys-General will be renewed. Justice Ministry; January 1, 2005. -- The College of Attorneys-General will send a letter to chief public prosecutors asking them to include the TIP issue in the regular tripartite consultations with mayors and chiefs of police. Justice Ministry; August 1, 2004. -------------- ¶16. "Lover Boys" -------------- Problem: "Lover boys" form a specific problem. In addition to the investigation and prosecution measures mentioned above, additional measures are required concerning prevention and assistance to victims. Information and education campaigns for (potential) victims and perpetrators are essential and will be expanded. Ultimately, all elementary and high schools should have included prevention or "defense" lessons in their curriculum. Information to specific groups, such as asylum seekers, is also important. For instance, the Scarlet Cord organization has successfully carried out a pilot project for asylum seekers. It is also important to train teachers, welfare workers and other youth workers in recognizing signals of possible victims. Action: -- In December 2003, the Platform on Youth Prostitution advised the Justice Minister to set up a National Expertise Center for Youth Prostitution, in which all prevention, information and support activities will be merged. This Expertise Center, which should be in place by January 1, 2005, will be charged with collecting facts, figures, background information and "best practices" with respect to youth prostitution and "lover boys," so that the nature and scope of the problem become visible. In addition to informing the public at large, the Center is to develop and distribute information to young people themselves. The Expertise Center will not act as a national criminal reporting center. Reports of sexual abuse still need to be filed with the police. The Center will be placed within an existing organization, and cooperation will be sought with the centers for child abuse and for domestic violence. After three years it should be clear how and by what regular organization the tasks of the Expertise Center can be carried out. The financing possibilities for this Center are currently being assessed. Justice Ministry; January 1, ¶2005. -- Perpetrators constantly change their "recruitment" practices and operations. The latest development is the use of Internet to recruit potential victims. Profiling of suspects is important in order to get a better picture of the "lover boy" problem. This is a task for the police and public prosecutors for they have the best information. The Expertise Center can play a role in developing a method for storing this information in one central place. -- In addition, systematized information about operations and profiles of "lover boys" will be included in TIP training for police and prosecutors. -------------- ¶17. Victim Support - "Lover Boys" -------------- Various organizations have set up specific assistance and prevention programs for (potential) victims of "lover boys." For instance, the FIOM Foundation has developed a prevention program for young girls. The Rutgers Nisso group and the "Pretty Woman" organization are developing a test for young people to determine their limits. This test can be used in information campaigns about "lover boys." Utrecht has a special low-threshold assistance unit for so-called "risk" girls, and Leeuwarden has a special shelter for young prostitutes ("Asja"). A similar shelter may be set up in Amsterdam. Action: -- The Ministries of Justice and Welfare will consult with relevant organizations about the role of relief organizations in prevention of and assistance to "lover boy" victims, during which the need for specific assistance will be assessed. January 1, 2005. -------------- ¶18. Comment -------------- The action plan shows the strong Dutch commitment to fighting illegal forms of prostitution, including sex with minors and people trafficking. Sharper controls on the prostitution sector, greater support for prostitutes wanting to step out, improved information to TIP victims in the B-9 procedures and more resources in fighting "lover boys" combined with continuing judicial training and the new legislation expanding the definition of TIP to include labor trafficking and increasing maximum sentence for TIP perpetrators should help the Netherlands address its TIP problems as a destination country. This is a broad, well thought out agenda that presents numerous opportunities for the U.S. and the Netherlands to exchange "best practices" and share information. The Embassy will continue to seek active engagement with the Dutch on this agenda and monitor its implementation closely. End Comment. Russel