DUTCH MID-TERM TIP ASSESSMENT

UNCLAS SECTION 01 OF 06 THE HAGUE 002741

SIPDIS

STATE FOR G/TIP, G, D, EUR, EUR/PGI, EUR/UBI

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN NL
SUBJECT: DUTCH MID-TERM TIP ASSESSMENT

REF: (A) SECSTATE 115541 (B) THE HAGUE 2277
(C) THE HAGUE 1895 (D) THE HAGUE 1803 (E) THE HAGUE 1712 (F)
THE HAGUE 1446 (G) THE HAGUE 0521


1. SUMMARY: This is the interim accounting of Dutch efforts
to combat human trafficking following the catalyst of G/TIP
Ambassador Miller's June 7 presentation of suggested USG
benchmarks to Dutch officials. In response to Ambassador
Miller's challenge to Foreign Minister Bot and Justice
Minister Donner, the Dutch have made "concrete, measurable"
progress in USG-identified priorities and four national
priorities (protecting underage youth from sexual predators,
cleaning up the legalized sex industry, fighting TIP in the
escort industry, and combating TIP in Europe).


2. American pressure, from Ambassador Miller's visit to
regular meetings with Embassy officials, helped spur the
Dutch to augment the programs and activities identified in
the 2004 TIP Report with new action plans and projects. In
one benchmark area (prostitute survey in Amsterdam),
however, the Dutch have taken a different approach than we
recommended in our demarche. Looking ahead, we are focused
on the areas where the Dutch need to complete action on
projects they have launched. We will also continue to push
hard on speeding up their frustratingly slow compilation and
analysis of official figures. Significant TIP developments
coming up in the next few months (parliamentary debate,
announcement of TIP Action Plan),will provide the Embassy
with additional opportunities to keep TIP at the forefront
of our bilateral engagement. END SUMMARY.

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APPRECIABLE PROGRESS/"CONCRETE, MEASURABLE" STEPS
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3. In addition to the extensive anti-TIP measures that
justified their ("conditional") Tier 1 ranking in the 2004
TIP Report, the Dutch have taken additional steps in 2004 to
combat trafficking:

- funded delivery of information packets (with TIP
hotline number & services available) in 5 languages
to 2,000 vulnerable sex industry workers nationwide;
- funded outreach to 15,000 prostitutes, TIP victims and
clients in Amsterdam Red Light District on
trafficking problems and resources available to TIP
victims and prostitutes;
- funded production of TIP services/signals brochures
and their distribution to all 25 police districts,
approx. 150 shelters and 25 welfare organizations/
NGOs nationwide for dissemination to possible TIP
victims and in potential TIP situations;
- funded a survey to evaluate programs designed to
facilitate the transition of prostitutes to other
jobs & subsidized NGOs assisting ex-prostitutes
seeking new employment;
- funded Dutch language lessons for 40 non-national
prostitutes to engender autonomy and facilitate work
transition;
- provided 2 million Euros to OSCE and IOM for victim
assistance programs in the Balkans;
- passed legislation (by the Second Chamber) expanding
the definition of trafficking to include forced
labor and increasing the maximum penalty for TIP
violations (commensurate with other serious sexual
assault crimes);
- provided 100,000 Euros for IOM/CIM/OAS program to
counter trafficking in the Netherlands Antilles;
- funded outreach to 800 non-national sex workers
(including TIP victims) to escape dependency on
pimps and traffickers;
- funded a 2-year train-the-trainer program for foreign
national prostitutes to provide information about
services for trafficked and exploited victims;
- distributed video raising TIP awareness and
advertising the TIP hotline to broadcast outlets
throughout the country (video has been aired on CNN
among other outlets);
- supported NGO that created video for MTV's young
audience, informing them of TIP issues and
advertising national TIP hotline;
- created TIP coordinators for each of 25 police and 19
public prosecutor regions to assist TIP victims by
alerting immigration police about potential TIP
situation and victims; and
- developed a Prostitution Action Plan to rid the legal
sex industry of TIP crimes and provide assistance to
prostitutes who want to transition to other work.


4. At the time of this review, Dutch officials are pursuing
the following initiatives:

- creating a National Expertise Center to prevent youth
prostitution and attack the problem of predators on
underage youth (funding of approximately 100,000
Euros approved for initial employees and several
organizational meetings held);
- revising B-9 regulations to allow TIP victims/B-9
permit holders to work (completion expected by the
end of the year);
- conducting 2-day TIP train-the-trainer course for 20
prosecutors, paralegals and judges (Nov. 16-17);
- protecting vulnerable, underage youth from sexual
predators by targeting perpetrators and through
public education (ongoing);
- developing a campaign to educate sex industry clients
about trafficking via client, brothel and
prostitution business websites (ongoing discussions
on content of banner information);
- preparing new TIP guidelines for prosecutors and
police on how to handle TIP complaints and
situations and inform TIP victims of available
services (completion expected by the end of year);
- training police, immigration police, labor inspectors,
prosecutors, social welfare officials and financial
police on new legislation expanding the definition
of trafficking (ongoing); and
- implementing the Prostitution Action Plan (ongoing).

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DUTCH PRIORITIES
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5. The Dutch maintain their "sovereign right" to tailor
their TIP approach to reflect national circumstances and
priorities. Nonetheless, only after G/TIP Ambassador
Miller's visit did the GONL identify and pursue programs in
these national TIP priority areas: (1) protecting
vulnerable, underage youth from sexual predators
("loverboys"); (2) cleaning up the legalized prostitution
sector to eliminate TIP; (3) fighting TIP in the escort
industry; and (4) combating TIP in Europe. In addition to
the progress on the US-identified TIP priorities (see below
- Paras 6-13),the Dutch:

- have enhanced prosecutions targeting predators of
underage youth;

- obtained a landmark conviction of "loverboy" predators
without victim testimony;

- are developing a National Expertise Center to prevent
youth prostitution and attack predators of underage
youth and approved initial funding;

- are supporting the "School Adoption" project where
police pair schools populated with vulnerable youth
with anti-TIP organizations to teach TIP awareness
and prevention;

- published on a website best practices by 44
municipalities in combating trafficking and
victimization of minors by sexual predators;

- published a booklet of best practices for recognizing
and combating youth prostitution and sent it to all
Dutch municipalities;

- are supporting NGO development of TIP prevention
programs for vulnerable girls;

- created a special shelter for young prostitutes;

- have developed and are implementing a detailed
Prostitution Action Plan to eliminate TIP and
related crimes from the legalized sex industry and
provide transition assistance for prostitutes;

- created a regulation for newspaper and internet
providers conditioning advertising of escort
services on receipt of Chamber of Commerce license/
registration numbers and are negotiating its
agreement by "stakeholders";

- targeted police checks and sting operations within
escort sector;

- contributed approximately two million Euros to
International Office of Migration (IOM) and OSCE
victim assistance programs in the Balkans;

- are creating a prototype Joint Investigative Team with
the UK, Belgium, Germany and Europol to fight TIP in
Bulgaria; and

- are participating in an EU twinning project with the
UK to build TIP legislative, investigative and
prosecutorial capacity in the Czech Republic.

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ACTION ON USG-SUGGESTED TARGETS
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6. BENCHMARK: Increase significantly the number of TIP
victims identified and assisted.

PROGRESS: As documented below

- 304 TIP victims identified and/or assisted from Jan.-
Sept. 2004, according to STV (Foundation Against
Trafficking in Women) - annualized rate of 380,
increase of 48% over 2003-benchmark figure of 257.

- The National Rapporteur's Office (NRM) published its
Third Report on June 20, 2004, using 2002 facts and
figures. No other office (police, prosecutors or
National Rapporteur) or NGO has 2004 "to date"
figures available yet.

- The Dutch have initiated a number of steps to improve
monitoring the TIP situation, which could result in
more victims being identified and assisted:

o Each of the 25 police regions and the 19 public
prosecutors' regions has a TIP coordinator alerting
immigration agents to potential TIP situations and
victims - a police agent trained in TIP is now
included in each immigration sweep;

o Five Dutch NGO's, with government funding, signed
an MOU in 2004 establishing a joint database to
track the number and origin of TIP victims who come
to any one of the partner organizations for re-
integration assistance;

o GONL is granting police new and better access to
immigration information to enhance TIP
investigations and prosecutions and decrease
reliance on victim testimony; and

o The College of Attorneys-General is instructing
prosecutors and police to how to identify situations
that might involve TIP victims, respond in the most
appropriate manner and inform victims on reporting
of TIP crimes and availability of services.


7. BENCHMARK: Engage in a vigorous information campaign to
help victims or potential victims escape their situation.

PROGRESS: As documented below

- GONL-funded project delivered information packets (in
Russian, Spanish, English, German and Dutch),
describing labor rights and advertising TIP hotline
to 2,000 prostitutes nationally.

- GONL funded outreach to 800 non-national sex workers,
teaching victims of trafficking and exploitation
how to escape situations of dependency on pimps and
traffickers.

- MFA launched a project to report on conditions in 15
source countries to lessen TIP victims' burden of
proof when applying for permanent residence status
in the Netherlands on humanitarian grounds.

- GONL-funded NGO partnered with MTV to develop video to
broadcast TIP information and local TIP hotline to
the youth audience.

- GONL funded a program for non-nationals experienced
with prostitution to train their peers on TIP and
labor law issues.

- GONL-funded project taught 40 non-national prostitutes
Dutch language skills during an eight-month course,
providing prostitutes greater access to services and
options to prevent return to prostitution.


8. BENCHMARK: Initiate information and awareness programs
targeting clients.

PROGRESS: As documented below

- Government-funded Prostitution Information Center
contacted approximately 15,000 prostitutes and
clients on trafficking and prostitution issues and
resources available to TIP victims and prostitutes
in the Amsterdam Red Light District.

- GONL adopted a detailed Action Plan to rid the
legalized prostitution sector of TIP crimes.

- GONL developed a plan to publish information about TIP
and TIP crimes on frequently visited websites set up
by and for clients, brothel owners and prostitution
businesses and is negotiating with "stakeholders"
for implementation.

- The Justice, Finance and Social Affairs Ministries
participated in approximately four meetings this
year of the National Prostitution Platform,
consisting of the legalized brothel industry and
NGOs, to increase distribution of TIP information to
clients.

- GONL funded production of TIP services/signals
brochures and their distribution to all 25 police
districts, approx. 150 shelters and 25 welfare
organizations/NGOs nationwide for dissemination to
possible TIP victims and in potential TIP
situations.

- The Association of Exploiters of Relax Companies (VER)
developed, after consultation with the MFA, a Code
of Conduct designed to combat TIP in the sex
industry. The Code, adopted by all VER members,
rejects all forms of TIP, coercion and abuse of
minors. It requires owners and operators within the
industry to report TIP suspicions to authorities, to
inform suspected TIP victims of their rights, and to
publish the contact information of NGOs providing
victim assistance. VER mandates members inform
personnel, prostitutes and clients about the Code
and requires Code publication on the premises.


9. BENCHMARK: Pass draft legislation to include forced labor
in the definition of trafficking.

PROGRESS: As documented below

- The Second Chamber adopted TIP legislation expanding
the definition of trafficking to include labor
trafficking on June 29.

- The Justice Ministry is already training police,
prosecutors, labor inspectors, financial police and
immigration agents on new legal requirements and how
to recognize "TIP" situations.


10. BENCHMARK: Permit B-9 holders to work.

PROGRESS: As documented below

- The GONL is drafting regulations allowing B-9 holders
to work (to be in place by the end of the year).

- The GONL is incorporating recommendations by
stakeholders in the B-9 process into a National TIP
Action Plan, which the Government plans to submit to
Parliament before the end of 2004.


11. BENCHMARK: Provide TIP training and guidance to the
Netherlands Antilles (NA) to, among other things, help
prevent exploitation of the NA visa system.

PROGRESS: As documented below

- The GONL funded a 100,000 Euro NA-specific program
(through IOM/CIM/OAS) to address, inter alia, the
problem of TIP victims entering the NA with visas
obtained from Dutch consulates abroad. Workshops
for government officials and representatives from
civil society and the tourism sector were held
August 12-13 and October 21-22 in the NA. The
programs focused on awareness raising and
information dissemination, capacity building and
regional cooperation, applied research and data
gathering and linkages to the global fund to assist
identified trafficking victims.

- Given the legal structure of the Kingdom of the
Netherlands, the opportunity for Dutch involvement
in fighting TIP in the NA (where border control and
law enforcement are devolved powers to the NA within
the Kingdom) is limited.


12. BENCHMARK: Educate prosecutors and judges about the
serious nature and effect of TIP and how serious punishment
can deter traffickers.

PROGRESS: As documented below

- The Second Chamber of Parliament adopted TIP
legislation on June 29 raising the maximum penalties
for TIP violations to 15 years, same as for other
serious sexual crimes (same legislation mentioned
above).
- The GONL is conducting a two-day, train-the-trainer
course for at least 20 prosecutors, paralegals and
judges on November 16-17. Course includes national
and EU TIP legislation and laws, B-9 process, victim
identification, foreigners in TIP, and problem of
underage youth in prostitution and youth predators
("loverboys").

- Since Sept. 1, the national Police Academy is using
expanded TIP module, including definition of
trafficking (as amended in new legislation),TIP
signals and victim identification, to train officers
and prosecutors.


13. BENCHMARK: Undertake systematic screening of
prostitutes, especially non-nationals, in Amsterdam's Red
Light District.

PROGRESS: Figures specifically on Red Light District for
2004 are unavailable

- No formal screening/survey undertaken.

- Amsterdam police visit each of the 170 brothels in the
Red Light District a minimum of one time every two
months to ensure the brothel is free of trafficking
victims and other illegal conduct.

- Ministry of Justice, National Rapporteur, National
Police Anti-trafficking Coordinator, TAMPEP report,
and NGO's say legalization of brothels has
significantly reduced the number of TIP victims
reported in legalized, controlled prostitution
sector within the Red Light District. [Note: The
NGO that provided the estimate that 80% of
Amsterdam's prostitutes were TIP victims told
Embassy officials recently its "survey" was not
scientific - they talked to "about 30" prostitutes
and asked them if they would prefer some other type
of work.]

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COMMENT
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14. This assessment provides a snapshot of new or enhanced
elements of Dutch anti-TIP activity since the beginning of
the year. The available facts demonstrate measurable
progress in meeting both the Dutch and American criteria for
attacking TIP in the Netherlands and the Netherlands
Antilles.


15. Additional facts, figures and programs are expected to
become known and will be reported over the coming months.
For example, the NRM expects to supplement its Third Report
with 2003 figures by the end of the year. On Nov. 11,
Parliament will debate progress under the Prostitution
Action Plan. By early Dec., the Justice Ministry will
submit a National TIP Action Plan to Parliament (we
understand it will implement most of the 63 recommendations
contained in the NRM's Third Report). In addition, the
European Commission's Expert Group on TIP presents its
findings in Brussels on Oct. 26 (Embassy will have a
representative at the meeting and with USEU will report on
developments). The Dutch will then evaluate how they can
put a TIP focus to the EU agenda throughout the end of their
Presidency and beyond.


16. G/TIP Ambassador Miller's visit here in early June
served as a catalyst for action. The Dutch remain committed
to eradicating, in the words of Foreign Minister Bot, the
"terrible scourge" of TIP and are moving on many fronts to
attack the problem. We believe Ambassador Miller's visit,
the Deputy Secretary Armitage's personal intervention with
the Foreign Minister and sustained Embassy engagement were
significant factors in accelerating progress by the
Netherlands in eliminating severe forms of trafficking as
required by the TIP Reauthorization Act. We will continue
to push for, among other actions, completion of continuing
programs as well as timely release of TIP facts and figures.

SOBEL