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. -------------- -------------- APPRECIABLE PROGRESS/"CONCRETE, MEASURABLE" STEPS -------------- -------------- ¶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). -------------- DUTCH PRIORITIES -------------- ¶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. -------------- ACTION ON USG-SUGGESTED TARGETS -------------- ¶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.] -------------- COMMENT -------------- ¶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