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

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Summary and Background
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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.

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Action Plan on Regulating and Protecting the Prostitution
Sector
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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:

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6. Local Prostitution Policy
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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.)
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7. Prostitution as a Job
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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.

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8. Stepping Out
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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.

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9. Strengthening Prostitutes' Position
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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.

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10. Quality Mark for Brothels
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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.

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11. Trafficking in Persons
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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.

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12. Victim Protection
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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.

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13. Information Exchange
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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.

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14. Police Capacity
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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

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15. Prosecution Capacity
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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.

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16. "Lover Boys"
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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.

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17. Victim Support - "Lover Boys"
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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.

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18. Comment
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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