SUMMARY OF NATIONAL RAPPORTEUR'S THIRD TIP REPORT

UNCLAS SECTION 01 OF 10 THE HAGUE 002277

SIPDIS

STATE FOR G/TIP, G, INL, DRL, PRM, IWI, EUR/PGI, EUR/UBI

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN ELAB SMIG NL
SUBJECT: SUMMARY OF NATIONAL RAPPORTEUR'S THIRD TIP REPORT

REF: (A) THE HAGUE 1803 (B) THE HAGUE 521


1. Summary/Comment: On June 20, Dutch National Rapporteur on
Trafficking in Persons (NRM) Dien Korvinus presented the
third TIP report to Justice Minister Donner. The 302-page
report mainly covers the year 2002 and contains information
about laws and regulations, victims, assistance,
administrative enforcement, investigations and prosecutions.
In addition, the Rapporteur makes 63 conclusions and
recommendations. (The Government is currently translating
the report into English, but its release date is unknown.
We, therefore, offer this detailed - and lengthy - summary
in the interim.) Various Ministries are studying the
report, conclusions and recommendations. In a letter to the
Second Chamber (Lower House) of Parliament submitting this
report, Donner said he wants to present a National TIP
Action Plan before the end of the year, as recommended by
the NRM.


2. The NRM's reports are always helpful because they are the
broadest-based, most authoritative and objective source in
the Netherlands for TIP information. This report, however,
suffers because of the delay in its release (the NRM's last
report was issued January 2003) and its reliance on 2002
information. (The Rapporteur's Office hopes to issue a
supplemental report containing 2003 statistics by the end of
the year.) In some instances, the statistics seem "dated"
(we have already reported on many of the 2002 figures) and
recommendations have been overtaken by Government/NGO action
(for example, movement on changes in the B-9 regulations;
improvement of the Ama situation).

Still, the report shows:

- troubling extent of the "loverboy" problem (which the
Government has made a top priority in its TIP efforts);
- significant increase in the number of victims identified
by the 56 institutions involved with the TIP problem;
- need for credible information on the use of minors in the
sex industry (three NGOs are now conducting a study into
child labor and prostitution);
- surprisingly low level of apparent criminal trafficking
activity in the legal sex trade/brothels;
- increase in the number of investigations completed by the
police and referred to the public prosecutors; and
- evidence of significant police, prosecutorial and
Government resources to fight TIP.

End Summary/Comment.


3. The NRM TIP report summary:

--------------
Law and Regulations
--------------
--TIP Legislation
Current Dutch TIP legislation penalizes all forms of
organized prostitution involving violence, misuse of power,
deception and the exploitation of minors (under 18). The
law also punishes people who profit from these
circumstances, as well as Dutch nationals and aliens having
permanent residence in the Netherlands guilty of sex with
minors in foreign countries. On July 1, 2004, the Second
Chamber (Lower House) passed legislation (Article 273A in
the Penal Code) expanding the definition of people
trafficking to all forms of modern slavery (including labor
exploitation) and the removal of human organs, and raising
penalties commensurate to those for other grave crimes. The
bill awaits final approval by the First Chamber (Upper
House) (COMMENT: expected by year's end 2004). The Article
implements the UN Protocol and the EU Framework Decision on
Trafficking in Persons.

--B-9
So far, the B-9 regulation for TIP victims remained
unchanged, except for a recent shift of administrative
duties from the alien police to the Immigration and
Naturalization Service (IND). Nonetheless, changes in B-9
are required for various reasons: (a) the new TIP law
expanding the definition to all forms of social-economic
exploitation; (b) the EU agreement on allowing TIP victims
to work while in the B-9 regulation. (COMMENT: The
Government has already acted in this area, recognizing the
need for B-9 reform. The Government sponsored an NGO
conference and is drafting new B-9 regulations, expected by
year's end 2004).

--Prostitution Policy and Administrative Enforcement
The general ban on brothels was lifted on October 1, 2000.
Since then, local governments are responsible for carrying
out their local prostitution policies, on the basis of a
licensing system. Such licenses include requirements as to
location, business operations and a ban on exploiting
minors, illegal aliens and TIP victims. On the basis of the
Act on the Promotion of Integrity Assessment by Public
Administration (BIBOB) of June 2003, local governments can
refuse or cancel licenses on suspicion of serious threats of
abuse. Under Article 15A of the Municipality Act, civil
servants can be assigned to control compliance with the
rules for operating brothels as well as to control street
prostitution. Most local governments have (also) assigned
police officers to do this job. There may be good reasons
for this, but it can be confusing in practice, because the
police then carry two hats: that of law enforcer and local
government supervisor. Simultaneous to the lifting of the
ban on brothels, an ID requirement was introduced for
prostitutes, which was to control illegal/underage
prostitutes. Meanwhile, a bill was adopted introducing a
general ID requirement for the entire Dutch population under

14.
--Foreign Prostitutes
The Government's starting-point is that people from non-
EU/EEZ countries are not allowed to work in the Dutch sex
industry. EU-subjects are in principle allowed to do so.
In May 2004, 10 new member-states (many of them are native
countries of TIP victims) joined the EU, but the Dutch
Government decided to ban people from eight of these
countries from working for brothel operators for the time
being. They are, however, under certain conditions, allowed
to work as self-employed. In addition, on the basis of the
Association agreements, the Netherlands, on certain
conditions, must allow access of people from future
association countries (Bulgaria and Romania) wanting to set
up their own sex business. Various NGOs have repeatedly
argued for ampler accession possibilities for foreign
prostitutes to the Dutch market believing this will make
them less dependent on third parties, and thus reduce
chances on trafficking.

--------------
TIP Investigations and Prosecutions
--------------

Police
--------------
In recent policy documents relating to the police, TIP is
mentioned explicitly in connection with (investigations of)
illegal aliens. The Justice Minister has repeatedly
indicated that TIP is a priority for police and prosecutors.
One of the priorities of the National Crime Squad (Nationale
Recherche - NR - established in July 2003) is combating TIP.
The AIVD intelligence service also collects information on
TIP if national security is at risk.

In June 1999, the Police Project on Prostitution and TIP
(PPM) was initiated to coordinate implementation of Dutch
prostitution/TIP policies. One of its initiatives was to
begin a TIP training course for criminal investigators at
the National Selection and Police Training Center (LSOP).
The course includes intake talks, victim/witness interviews,
control of sex houses and document identification. The PPM
also publishes a periodic Police Monitor giving an overview
of the state of play in implementing prostitution/TIP
policies. The 2002 PPM report, published in 2003, showed 15
of the 26 police regions (including the KLPD national
police) had reached the levels desired at that time.
(COMMENT: The 2003 PPN Monitor was published in May 2004.
It was not included in this NRM Third TIP Report.)

Within the KLPD's national criminal information service
(NRI),the TIP Information Unit (IEM) was set up in mid-

2001. The purpose of the IEM is promoting national and
international TIP policies and investigations. The IEM
registers all available operational information, including
the "follow-the-victim" program. In 2002, the IEM handled
85 foreign information requests. In February 2002, the IEM
started two-monthly "Operational TIP Consultations (OOM),"
during which operational information is exchanged among
representatives from the various police regions.

The number of TIP investigations completed by the police and
sent to the public prosecutor rose to 55 in 2002 from 48 in
2001 and 25 in 2000. (The provisional estimate for 2003 is
46). Of the 55 cases, 42 related to cross-border and 13 to
internal trafficking. The number of TIP investigations
depends on the priorities set and capacity made available by
the police in a certain region. Some police regions were
still lagging behind. Most investigations related to window
and club prostitution, but there was growing focus on the
escort sector. TIP victims were also found in Turkish
coffeehouses and one massage parlor. Of the 55
investigations, 24% were initiated through private reports
to the police, 22% through police controls and 20% through
information from other investigations. The police was also
tipped via the anonymous crime reporting hotline, which was
started in September 2002. From September 2002 through July
2003, there were 64 reports of useful information about
people trafficking and smuggling, which is 1% of the total
number of tips received via the hotline.

Investigation methods used relatively often in TIP cases are
surveillance and telephone tapping. Legal assistance
requests are also often made to other countries. Increasing
use is made of the computerized TIP information program,
because, initially, many victims do not want/dare to press
charges. In these cases, incriminatory information is
gathered and may be completed later with statements by
victim/witness. The investigation process has various
obstructing factors, which were already noted in the first
NRM report (not always sufficient police capacity, little
preparedness by victims to press charges, unattractiveness
of B-9 scheme, not enough shelter capacity). In addition,
traffickers may benefit from the fact that not all local
governments pursue the same prostitution policies, for
instance concerning licenses, controls and attention for the
phenomenon.

Generally speaking, financial investigations often are
considered a side-product in tactical investigations.
However, police team leaders reported that 40% of TIP
investigations in 2002 related to financial investigations.
In almost one-third of investigations, a criminal financial
investigation (sfo) was opened, which in at least half of
cases resulted in asset seizures. The illegally obtained
profits calculated in the police investigations are usually
reduced to half by the courts and to 40% in appeal. Total
illegally obtained profits for 13 suspects in 2002 were
estimated at almost 1.5 million euros, or an average of
115,000 euros per suspect, compared to 210,999 per suspect
in 2001. Reasons for not investigating a case from the
financial perspective usually were insufficient (estimated)
profits or there was nothing to seize from the suspect. In
addition, money transfers made it difficult to track down
criminal money.

Public Prosecution
--------------
The fight against TIP is considered a national priority for
the prosecutor's office, mostly in relation to fighting
people smuggling. However, the two are increasingly seen as
two separate issues, often labeled under the heading of
migration crime. For the practical implementation of
prosecutorial policies, the national government's 2002
Safety Report forms the guiding principle. The
prosecution's long-term plan "Perspective for 2006," which
is based on this report, explicitly identified TIP as a
special theme requiring intensified criminal enforcement.
The National Recherche (National Crime Squad),led on this
issue by the national TIP prosecutor, will play an important
role in this. It also is the intention that, to combat TIP,
particular use will be made of (existing) know-how and
information, for instance the reports by the National
Rapporteur and of the regional TIP prosecutors. Regular
consultations are being held between the Attorney General
for Organized Crime, the national TIP prosecutor, and
regional TIP prosecutors. Since 2003, the Judicial Study
Center (SSR) has been offering special TIP training to
regional TIP prosecutors. The prosecution's "policy
guideline on TIP and other forms of exploitation in the
prostitution sector" of October 2000 will expire in October

2004. It needs to be adjusted in order to meet the new
definition in the (draft) law expanding TIP to other forms
of social-economic exploitation.

In 2002, the public prosecutor's office registered 201 TIP
cases, compared to 130 in 2001 and 138 in 2000. Of these
201 cases, some 13% related to underage victims, down from
21% in 2001 and 27% in 2000. Most cases occurred in the Den
Bosch region (33),followed by Amsterdam and Zwolle (24
each),Arnhem (20) and Haarlem (19). A majority of cases
related to Articles 250a or 250ter para 2 of the Penal Code
(involvement of two or more suspects, underage victims or
serious physical injury). The crimes were committed mostly
in combination with other offenses, such as offering
registered access to undesired aliens, rape, possession of
weapons and drugs, and use of false passports.

The public prosecution settled 168 cases in 2002, compared
to 160 in 2001 and 94 in 2000. (Note that settlements may
have taken place in a later year than the year of
registration with the public prosecution.) Of the 168 cases
settled by the prosecution in 2002, almost 70% were summoned
to appear in court, which was an increase from previous
years. The number of cases that were dismissed
unconditionally (mostly technical dismissals) and the number
of cases in which people were ultimately summoned for
offenses other than TIP appeared to be dropping.

Courts
--------------
In 2002, courts handled 94 TIP cases, compared to 85 in each
of 2001 and 2000. Of these 94 cases, 89% were convicted and
11% acquitted, about the same percentages as in previous
years. The average sentence for cases in which, among other
things, TIP was involved in 2002 was more than 21 months.
However, the sentence differs per case and depends on proof
of other offenses. For instance, if sexual violence was
involved, the average sentence was almost three years. The
sentences do not seem high, but are commensurate to those
for rape.

Suspects
--------------
Of the police investigations successfully completed in 2002,
207 suspects were identified, 191 arrested (91%) and 180
suspects (87%) "sent in" to the prosecution. The average
age of suspects in 2002 was 31 years, and almost 25% of
suspects were female (particularly Nigerian). Almost half
of suspects held Dutch nationality, but part of them were
born outside the Netherlands. Proportionately, many foreign
suspects came from Albania, Bulgaria, former Yugoslavia,
Nigeria and Turkey. The number of Albanian and Bulgarian
suspects rose strongly in 2002, whereas that of Dutch
suspects went down. Almost all suspects born in Morocco and
Netherlands Antilles were guilty of internal trafficking.
Some 48% of suspects with foreign nationality were residing
in the Netherlands illegally.

Of the arrested suspects, about 10% were operating legal and
illegal sex clubs or brothels. Police investigations in
2002 showed the number of operators who were knowingly
exploiting TIP victims (but not actively involved) was 59%,
39% were ignorant, and 2% were actively engaged in
trafficking. In cities with strict licensing systems,
operators appeared to be much more afraid for losing their
licenses and, therefore, did not like to use (underage) TIP
victims. It also appeared that attorneys sometimes had
contacted TIP victims to persuade them to withdraw their
charges or had benefited from the fact that foreign
prostitutes liked to work in the Dutch prostitution sector.

Provisional 2003 figures by the NRM show that 157 suspects
were registered with the prosecution's office. Most
frequent country of birth: The Netherlands, followed by
Romania, Bulgaria, Turkey, (former) Soviet Union, and
Suriname.

Trafficking Methods
--------------
Research showed TIP victims were recruited abroad and
domestically. Recruiters approached most foreign victims,
but some victims took their own initiative for recruitment.
Most victims left for their new jobs within one week after
being recruited, which may be a strategy to give victims
little time to consider their decision. Generally,
recruiters operating abroad are seldom found or prosecuted
because they usually hand off or sell the victim to a pimp
who operates locally (and who is easier to find and
prosecute). Nonetheless, there appeared to be an increase
in investigations of recruiters (including "loverboys") in

2002. This was probably due to the fact that more foreign
"loverboys" were identified, who mostly operated both as
recruiter and pimp. In two-thirds of investigations victims
used valid passports. Visas were less often forged than
passports. Moreover, most victims came from non-visa
countries. According to the police, false documents were
hardly distinguishable from real ones. Police
investigations showed that most victims came over land from
Germany (67%),and Belgium (12%),and 17% via Schiphol
airport. Some 69% of the 55 police investigations in 2002
concerned "loverboy" practices from 29% in 2001. The
increase was entirely due to the fact that foreign victims
were also increasingly lured into prostitution through these
practices.

Criminal Networks
--------------
Some 34% of police investigations in 2002 involved criminal
networks, 34% "isolated criminal groups," and 32%
individuals. This compared to 58%, 17% and 25%,
respectively, in 2001. There clearly was a drop in the
number of criminal networks, and an increase in isolated
groups and individuals, the latter being engaged mostly in
domestic trafficking. In the Netherlands, almost all the
men and women arrested for TIP violations were engaged in
pimping (keeping victims in prostitution),rather than
recruiting or transporting. In cross-border trafficking,
recruitment was often done by others, who (often) were not
found by the police. Within the country, men often were the
victims' pimps, whereas women played a supporting role. Men
were much more violent toward their victims, but still one-
fifth of female suspects were guilty of physical violence.
In 30% of cross-border investigations in the period 1998-
2002, facilitators were used for delivery of false
documents. The investigations paid too little attention to
these facilitators, according to the NRM.

--------------
Victims
--------------
The report covers some specific groups of (potential)
victims:

Minors
--------------
It is difficult to get reliable information about child
trafficking and underage prostitution. An inquiry by the
NRM showed that 85 underage victims contacted relief
organizations in 2002. However, the Foundation against
Trafficking in Women (STV) registered 41 underage victims in
2002, and the "follow-the-victim" system of the police,
which lists possible victims, counted 51 minors. It should
be noted that the NRM investigation certainly had some
double-counting, while the STV and police tried to avoid
this as much as possible. It is generally assumed that the
problem is much larger in reality. However, according to
the NRM, it is unlikely that police and welfare
organizations cannot find underage victims, while clients
can. Therefore, the questions has come up whether the
(limited) figures available may in fact reflect the actual
situation. (COMMENT: Recognizing the lack of specific
information on this problem, three NGOs (UNICEF Nederland,
ECPAT Nederland and Defense for Children International
Nederland) recently announced they were conducting research
into the use of minors in the sex industry and labor market.
Their first report is expected in December 2004.)

"Loverboy" Victims
--------------
The "loverboy" method is usually associated with second and
third-generation Turkish and Moroccan underage girls living
in the Netherlands. However, the method is also used with
adult women and in cross-border trafficking. The method is
not new, but currently gets much attention. Victims are not
only lured into prostitution, but also forced to work as
drug couriers, to take out loans or to shoplift. The number
of victims is not known. The Child Abuse Reporting Center
identified 50 (possible) victims in 2002 and 2003, including
two boys, in the 14-16 age group.

Single Underage Asylum Seeker
--------------
Single underage asylum seekers (Ama's) also run the risk of
being brought to the Netherlands under false pretense, or,
in a later stage, being lured out of asylum centers to work
as prostitutes. The number of these victims is not known.
Several "loverboy" projects have identified Ama victims.
(COMMENT: Thanks to tighter immigration regulations and
controls the inflow of Ama's has dropped significantly. See
Reftel B.)

Victim Registration
--------------
The Foundation against Trafficking in Women (STV) is the
central registration point for (possible) TIP victims. Some
56% of reports received in 2002 came from the police. Other
sources were relief organizations, private persons, and
refugee centers. A new computerized registration system
became operational in 2003. (COMMENT: The NRM report only
gives complete 2002 figures. It includes some 2003 figures,
which we reported our annual TIP report (Reftel B). We have
not repeated those 2003 figures here.)

Because of the high mobility of TIP victims, the police have
developed the IKP-S "follow-the-victim" system, in which
most regional police forces register possible TIP victims.
The system includes a list of identification "signals" (a
maximum of 10 points per signal). Together the points
should give an indication of likely victims. The IKP-S
registered 371 (possible) victims in 2002, compared to 343
registered by the STV. The information about countries of
origin is similar to STV data: Bulgaria (almost one-third
of victims),Romania, Sierra Leone, Poland and Nigeria.

The NRM received reports from 56 institutions indicating
they had had contacts with TIP victims in 2002. On the
basis of these reports, the NRM has made the following
survey (the information is based on a combination of
registrations and estimates):

Type of victims Number
-------------- --------------
Foreign women 431
Of whom minors 62
Foreign men 2
Of whom minors -
Foreign transvestites 12
Of whom minors -
Dutch women 169
Of whom minors 22
Dutch men 6
Of whom minors 1
Dutch transvestites 5
Of whom minors -
Total 625
Of whom minors 85

(COMMENT: The STV registered 343 victims in 2002 (and 257
victims in 2003 - figures we used in our annual TIP report
because the NRM's figures weren't available). The NRM
recognized the discrepancy in the two figures and
acknowledged there might be double counts. The difference
can also be explained in different methodologies - STV
receives victim information from organizations (and not all
institutions report TIP victims to the STV) while the NRM
seeks out victim information from all relevant sources for
its reports. The 2002 number NRM uses more closely
corresponds to the number of 2000 TIP victims NRM used (608)
than to the STV numbers.)

Victims in Police Investigations
--------------
At least 258 TIP victims or witnesses reported to the police
in 2002 from 186 in 2001. Of the 258 reports, some 226
concerned cross-border trafficking. About 25% of the
investigations (also) concerned underage victims from 38% in

2001. The top-5 originating countries were: Bulgaria, the
Netherlands, Poland, Russian Federation and Romania. Most
victims are from Central and Eastern Europe.

Victims in B-9
--------------
According to registration by the Immigration and
Naturalization Service (IND),the number of (first) B-9
requests rose to 160 in 2002 from 145 in 2001 and 77 in

2000. Of these, 127 were granted in 2002 from 122 in 2001
and 45 in 2000. Two-thirds of victims, who were granted B-
9, were in the 18-26 age group. About 10% were underage,
including some very young children ages 0-10, probably
children of victims. Some 4% of the B-9 applicants in 2002
were male, probably mostly children and witnesses. More
than 25% of victims/witnesses who received B-9 status in
2002 had Bulgarian nationality. The others were mostly from
other Central/East European countries and Nigeria. In 2002,
some 81% of requests ultimately honored were dealt with
within four weeks, 99% within 12 weeks, and only 1% longer
than 24 weeks. The percentage of very slow procedures thus
decreased.

Assistance
--------------
The NRM report describes a wide variety of assistance
program, varying from prevention/information campaigns, to
protection and safe return/reintegration programs. The
Foundation for Trafficking in Women (STV) is the national
reporting point for and registration center of victims. In
addition, the STV initiated and coordinated regional
networks of organizations, which help and guide victims, and
it coordinates La Strada, an international network to
prevent trafficking of women from Central and Eastern
Europe.

Other relief organizations are Atalantas (set up by
victims),Bonded Labor Netherlands (BlinN - individual
guidance of victims),IOM (assistance for safe
return/reintegration),JOS (legal assistance),the SRTV
Foundation of Religious against TIP (information campaigns
in native countries),Uitzicht (providing shelter for
victims not wanting to press charges),and TAMPEP
(protection of victims, training programs). In addition,
there are various joint ventures, for instance aimed at safe
return and improvement of joint cooperation.

Special projects for underage victims are Asja, ECPAT/DCI
(combating sexual exploitation of children),the "loverboy"
project in Zwolle, Pretty Woman (ambulatory assistance to
prevent and support underage prostitutes,
Prostitution/Social Work Humanitas in Rotterdam (prevention,
fieldwork and resocialization),Foundation Nigerian Women
Association Netherlands (helpdesk for African victims),and
Scarlet Cord (prevention of underage girls/asylum seekers.
The Platform on Youth Prostitution has been arguing for the
establishment of an expertise center to collect information
about nature and size of underage prostitution. (In 2004,
the Government decided to do so).

The Association of Brothel Operators (VER) drafted a Code of
Conduct for trafficking in people, which was endorsed by all
members and associated companies. The Code rejects all
forms of TIP, coercion and employment of minors in
prostitution. Suspicions of violations will be reported to
the proper authorities (at least via the Anonymous Crime
Hotline),and victims will be informed about assistance
programs. The Code is hung in the premises; personnel,
prostitutes and clients are informed of the Code and what's
expected from them. The VER has called on other legal
entrepreneur in the prostitution sector to sign the Code and
act accordingly.

Problems Signaled by Relief Workers
--------------
Relief workers as well as the police signaled a shortage of
shelters in 2002, which was due partly to the fact that not
all shelters took in TIP victims, or just limited numbers,
because these victims were considered a difficult target
group. Ultimately, accommodation was found, but it often
was time-consuming. From a point of view of protecting
victims and personnel, relief workers sometimes feared
criminal TIP networks. Bonded Labor Netherlands (BlinN)
concluded that relief workers and victims often were not
aware of possibilities for training and education for
victims. Victims also appeared to disappear from shelters
to go back into prostitution. Generally, they had come to
the Netherlands temporarily to make money. However, many
victims preferred to remain in the Netherlands for all sorts
of reasons. This made it difficult for relief workers to
start a "safe return" procedure. The NRM concluded that
cooperation among institutions and the police was
satisfactory.

TIP in Specific Prostitution Sectors
--------------
Street-Walking Zones
--------------
Many local government closed or will close special street-
walking zones (originally meant for addicted prostitutes),
mostly because of increasing presence of illegal
prostitutes. Relief organizations were worried these women
would go underground making it more difficult to control.
Relief organizations also criticized the "sweep" actions in
these zones, during which illegal aliens were deported
without properly identifying possible TIP victims.

Escort Sector
--------------
Escort companies do not need a permanent address, which
makes it difficult to control, particularly if they only
advertise through mobile phones or the Internet. The police
developed new investigation instruments, such as the "hotel
room" procedure, with which dates are made with escort
prostitutes in order to check whether licensing conditions
are met.

TIP Before and After Legalization of Brothels
--------------
According to the NRM, the effect of lifting the ban on
brothels cannot be measured, mostly because the TIP
situation was not known before this date. Secondly, not all
local governments had implemented the law at the same date.
In any case, the conclusion that the lifting of the brothel
ban has led to more trafficking is false. In the past, TIP
occurred in all prostitution sectors, whereas currently
brothels appear to be free of criminal excesses. However,
various studies have noted some shift to illegal, non-
regulated sectors, which are difficult to control.
According to the NRM, this does not mean that there is more
people trafficking now than before the ban. On the
contrary, it probably is less, because not every customer
"fancies" the illegal business.

On a number of points, the NRM made a comparison of the
years before (1998/99) and after (2001/02) the new
legislation. For instance, the number of police
investigations after the lifting (79) was much higher than
before (37); the number of cases against one suspect
registered with the prosecutor rose from 237 before to 331
after; the number of STV-registered victims rose from 515 to
627; and the number of victims/witnesses using B-9 rose from
107 to 249. According to the NRM, the figures show that
police and prosecutors have worked hard to combat TIP,
despite capacity shortages.

Summary of Recommendations
--------------
The NRM report includes a summary of recommendations,
warning that they should not be taken out of context from
the extensive descriptions in the separate chapters and from
the recommendations in the first NRM report. According to
the NRM, these recommendations are meant as a "helping hand"
to the Government. (COMMENT: Since the report mainly covers
2002, many of the recommendations are already being
implemented, or have been included in the Government's
recent prostitution action plan (Reftel A).)

The NRM recommends:

Legislation and Regulation
--------------

1. Dutch criminal law be adjusted rapidly to the UN TIP
protocol and the EU framework decision on TIP.

2. The specific nature and seriousness of exploitation for
sexual purposes be more clearly defined compared to
exploitation in other social-economic sectors.

3. The definition of "exploitation" in labor (outside the
prostitution sector) be more clearly defined, and not only
left to judges.

4. The Government take an outspoken stand about combating
TIP primarily in the context of human rights.

5. The Government indicate whether the EU framework
decision on the status of victims in criminal procedures has
led to adjustments in Dutch laws and regulations and, if so,
how.

6. The Government indicate which direction it wants to
take in banning work permits for the prostitution sector as
laid down in the Law on Alien Labor (WAV).

7. The Government create clarity about (future) conditions
for opening up the Dutch labor market in the prostitution
sector for new EU-subjects, with respect to paid employment
(in comparison to self-employment).

8. The Government sound out internationally whether modern
slavery in the sense of the UN protocol also relates to
"old" slavery.

9. The Government invest in a broad discussion about the
possibility to penalize customers knowingly using the
services of forced prostitutes.

B-9 Scheme
--------------

10. When expanding the B-9 scheme to all TIP victims,
differentiate assistance to victims as to the nature of
trafficking. This also applies to the new regulation
allowing victims to work.

11. Structural measures be taken to prevent the B-9 scheme
from not being applied (e.g. during "sweep" actions of
illegal immigrants),particularly with respect to offering
victims time to reflect.

12. Shelter and assistance not only be made available to
victims wanting/considering pressing charges.

13. All organizations involved in implementing the B-9
scheme be informed about their tasks.

14. Victims be informed fully and early about rights and
possibilities offered by the B-9 scheme, and be kept
informed about procedural developments (as far as social
security, criminal and immigration procedures are
concerned).

15. There be sufficient possibilities for concrete and
adequate legal assistance to victims.

16. There be a central point, which is to make an inventory
of problems encountered in the implementation of B-9, render
advice and, if necessary, to intervene.

TIP Victims
--------------

17. The Government's efforts to protect victims be expanded
to countries outside the Netherlands, either through
bilateral or multilateral agreements.

18. Risk assessments and minimum conditions be made to the
safe return of victims. If deportation is unjustified, the
possibility should be created for extended residence in the
Netherlands and continued assistance.

19. Structural attention be paid to the safety of women and
Ama's in asylum centers. Incidents, such as recruitment for
prostitution and departure with unknown destination should
be prevented and, on discovery, registered.

20. Ama's guided by relatives or friends not be brought
under the responsibility of these (distant) relatives
without proper controlling these persons' reliability.

Assistance
--------------

21. There be more structural financing of organizations
engaged in sheltering, guidance and assisting TIP victims.

22. Identification of victims, particularly of minors, be
improved. Special training in TIP problems.

23. Ways be found to pass on TIP information, which is
available by relief organizations, to the police.

24. Also in the case of foreign TIP victims, attention be
paid to the use of "loverboy" techniques and the
consequences thereof.

25. Relief organizations submit a proposal to the
Government considering the pros and cons of creating
separate shelters for TIP victims (separate from shelters
for battered women).

26. Assistance be provided to victims in B-9 in finding
work and guiding them in this work.

Research and Registration
--------------

27. A central registration be realized of all TIP victims.

28. An accurate, current registration be set up of all
available shelters accessible to all organizations engaged
in placement of victims. If necessary, extra shelters
should be created. Special attention should be paid to
shelter possibilities for underage victims.

29. Research be initiated or facilitated into (reasons for)
departure of victims from shelters and experiences of
victims on return to their native countries.

30. Other countries be pressed into appointing national
rapporteurs.

General Law Enforcement
--------------

31. Repression not be set against prevention, and not be
set against a humanitarian/human rights-oriented approach.

32. Prostitution policy be clearly shaped and implemented,
and any shortcomings should be repaired.

33. National surveys be made of the results of
administrative controls and (possible) administrative
intervention in the prostitution sector, in order to get a
better idea about the frequency of these controls and number
of victims.

34. It be investigated to what extent administrative
measures against a mala fide brothel operator in one city
can be used in assessing a license request by the same
operator in another city.

35. Attention be paid particularly on implementation of new
(international) regulations, rather than on new laws.

36. Capacity of police and justice in the fight against TIP
be expanded.

37. There be stringent and adequate administrative
enforcement of the legalized prostitution sector.

38. If administrative controls in the escort sector appear
not to be (sufficiently) effective or require extreme
capacity, a simpler system of regulation and control be
found.

39. The central government bear responsibility in the
objectives of the lifting of the ban on brothels, certainly
as far as TIP is concerned, and not shift this to local
governments.

40. The Government make a fundamental statement about
whether or not the measuring rule in the law enforcement of
cross-border organized forms of people trafficking should
not be placed higher than the national standard, and promote
international cooperation.

41. The Government further develop the idea of a European
criminal zone, particular for combating TIP.

Police Investigations
--------------

42. The priority given by the police to TIP investigations
be applied in practice by all regional forces.

43. Investigations focus more on "facilitators."

44. Investigations be increased, also without victims
pressing charges, with which use should be made of the
computerized police information system (IGO).

45. Special focus on the group of prostitutes who have just
turned 18.

46. TIP victims be enabled to press charges as well and
rapidly as possible.

47. Financial investigations in TIP cases be expanded.

Prosecutions
--------------

48. A more national coordination in order to realize
priorities attached to TIP in all regions.

49. Prosecutors indicate more actively what is needed to
enforce the criminal ban on TIP.

50. Restrictions in international cooperation be made more
visible.

51. More efforts made in seizing illegally obtained
profits.

Other Recommendations
--------------

52. National prostitution be explained better abroad and in
international context, and national policy to combat TIP be
better propagated.

53. Duplication be avoided in national and international
initiatives in the field of training, scientific research
and data collection through better communication and
information.

54. The expansion of the TIP definition in the Penal Code
be anticipated for the sake of measures to be taken.

55. The consequences of the expansion of the TIP definition
for law enforcement be anticipated.

56. More attention be paid to TIP training, including
structural training of members of the judiciary.

57. A formal decision be taken on an expansion of the areas
to be focused on by the NRM.

Repeated Recommendations
--------------

58. A specific procedure be developed for the category of
victims, who are currently excluded from the reflection time
for not yet having worked in Dutch prostitution.

59. Cooperation be improved between the prosecutor's office
and the Immigration and Naturalization Service (IND) in the
implementation of the B-9 scheme, as promised before.

60. A public information campaign be started by the central
government with respect to prostitution and TIP, aimed at
prevention.

61. Special attention be paid to information to (potential)
customers of prostitutes to make them aware of signs of TIP
victims and the existence of the anonymous crime reporting
line.

62. The scope and impact of a Second Chamber resolution
(banning controlled access of victims in the interest of
criminal investigations) on the judicial practice be given
further and wider consideration. (The Cabinet has banned
this investigation method, because human dignity is at
take.)

63. The extra capacity of police and justice in
investigations of the illegal sector not go at the cost of
administrative controls in the legal sector.

SOBEL