LUXEMBOURG: 2007 ANNUAL TRAFFICKING-IN-PERSONS REPORT

UNCLAS SECTION 01 OF 08 LUXEMBOURG 000080

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SUBJECT: LUXEMBOURG: 2007 ANNUAL TRAFFICKING-IN-PERSONS REPORT

REF: 06 STATE 202745

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1. (U) Embassy Luxembourg is pleased to present the following
information regarding trafficking in persons in Luxembourg. Point
of contact is Tom Boughter; tel: +352 46-01-23, ext. 2240.
Political officer (FS-04) spent 20 hours meeting contacts and
collecting information for this report. Acting political/economic
section chief (FS-04) spent 15 hours preparing this report. DCM
(FS-01) spent 2 hours reviewing and editing this report. Political
section specialist (FSN-10) spent 60 hours collecting information,
meeting with interlocutors, and preparing this report.


2. (SBU) SUMMARY: Luxembourg is a country of destination for
internationally trafficked women. In 2006 there were five
identified trafficking victims in a total population of 460,000.
The Luxembourg police are currently working on four investigations
involving international trafficking networks. Because it is such a
small country that has a carefully controlled prostitution sector as
well as police who are well educated to the trafficking issue, this
is likely to be the extent of the trafficking problem in Luxembourg
this year. In October 2006, the Luxembourg police created a special
criminal investigation unit, specialized in investigations on
trafficking in people. Four people were assigned to this unit,
which is charged with pursuing national and cross-border
investigations against international trafficking networks in
cooperation with Interpol, Europol and other international
organizations.

Prostitution in private studios and apartments, in relation with
trafficking in human beings, has decreased considerably although the
January 2007 accession of Romania and Bulgaria to the European Union
may change the nature of the trafficking problem in Luxembourg. The
Government of Luxembourg is aware of this area of potential concern
and monitoring it closely.

During the reporting period, Luxembourg made significant efforts to
increase awareness and cooperation on trafficking issues. All
relevant government actors have become much better educated to the
global trafficking issue and enjoy excellent cooperation between the
relevant governmental and non-governmental actors. END SUMMARY.

NOTE: Numerical markings below correspond to questions posed in
reftel.

--------------
Overview
--------------


3. (SBU) Overview of a country's activities to eliminate trafficking
in persons:

-- 27A. Is the country a country of origin, transit or destination
for international trafficked men, women, or children? Provide
numbers for each group, how they were trafficked, to where and for
what purpose. How reliable are the sources and numbers available as
to the extent or magnitude of the problem?

Answer: Luxembourg is a country of destination for various
internationally trafficked women. In 2006, the GOL identified 5
trafficking victims: from Romania (1) and Brazil (4),all of which
were women. Because it is such a small country that has a
rigorously controlled prostitution sector as well as police who are
well educated to the trafficking issue, this is likely to be the
extent of the trafficking problem in Luxembourg.

Numbers and sources are deemed by Embassy to be reliable and
accurate. Embassy believes that Luxembourg interlocutors have no
reason or desire to hide trafficking. Contacts appear eager to
identify and actively address such issues as they arise.
Sources for this report include the head of the Luxembourg Vice
Squad, members of the criminal investigation unit specialized in
investigations on TIP, Amnesty International, representatives from
the Ministry for Promotion of Women, the Ministry of Justice, the
Red Cross Drop-In Center, and ASTI, an NGO that provides shelter to
women in distress.

--27B. Overview of the trafficking situation in the country

Answer: The government has demonstrated the political will to
address trafficking in persons. In October 2006, the Luxembourg
police created a criminal investigation unit to solely specialize in
investigations of trafficking in people. Four officers were

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assigned to this unit, which is in charge of pursuing cross-border
investigations on international trafficking networks in cooperation
with Interpol, Europol and other international organizations.

Following the abolition of artist visas in May 2004, the number of
cabarets decreased and prostitution was largely practiced in private
studios and apartments, which belonged to pimps who rented the
apartments and profited from the work of prostitution. With the
frequent raids carried out by the Luxembourg Vice Squad and now the
special criminal investigation unit, specialized in investigations
on TIP, this type of prostitution has also decreased substantially.


In March 2006, a Romanian victim of sex trafficking was discovered.
The Romanian woman was sold by an intermediary Romanian woman to a
Kosovo-Albanian trafficker with residence in Great Britain. The
Romanian woman was trafficked from Romania through Austria and
Belgium to Luxembourg. She testified as a witness and helped police
to identify and arrest her trafficker. After she was found to be a
trafficking victim, she was provided shelter and food by a
government-funded NGO. She was voluntarily repatriated to Romania
with the assistance of GOL funding.

In June 2006, four Brazilian women were found to have been
trafficked from Brazil through Portugal and France to Luxembourg.
They were forced into prostitution in a private apartment, which was
rented by the former wife (with residence in Luxembourg) of a
Portuguese pimp (with residence in Portugal). The Brazilian women
were provided shelter and food by a government-funded NGO. They
were all voluntarily repatriated to Brazil with the assistance of
GOL funding. The police are still investigating reports of another
group of 8 to 10 Brazilian women working in apartments which they
suspect may involve trafficking.


4. (SBU) PREVENTION:

--28A. Does the government acknowledge that trafficking is a problem
in that country?

Answer: In October 2006, the GOL established a counter-trafficking
working group in the criminal investigation police. That working
group will evaluate to what extent there is a trafficking problem in
country and establish a trafficking monitoring mechanism.

The GOL acknowledges that it is time to improve its
counter-trafficking law. (Note: The applicable legislation
incriminates trafficking in human beings for sexual exploitation in
respect to adults and children, but does not offer a comprehensive
and workable definition of the phenomenon and also omits certain
forms of exploitation such as forced labor.)

The MoJ TIP coordinator, who is charged with drafting the new
counter-trafficking law, acknowledged that the MoJ had been
premature last year when informing Post that Luxembourg anticipated
adopting a new counter-trafficking law by the end of 2006. The TIP
coordinator declined to suggest a new date because the MFA
Immigration department has been required to draft a new section on
residence and work permits for TIP victims in the
counter-trafficking law.

--28B. Which government agencies are involved in anti-trafficking
efforts?

Answer: The Luxembourg Vice Squad, the new Criminal Police unit
specialized in investigations on TIP, the Ministry for the Equal
Opportunities, the Ministry of Foreign Affairs-Immigration, the
Ministry of Justice, the Ministry of Employment, the City of
Luxembourg, the General Prosecutor's Office, and the Tribunal
d'Arrondissement.

The Air Border Security Service (immigration control) would become
involved should there be a suspicion that trafficking was occurring
through Luxembourg's one commercial airport.

--28C. Are there or have there been government-run anti-trafficking
information or education campaigns? If so, briefly describe the
campaign(s),including their objectives and effectiveness. Do these
campaigns target potential trafficking victims and/or the demand for
trafficking (e.g. "clients" of prostitutes or beneficiaries of
forced labor)?

Answer: In April 2006, the Ministry for Equal Opportunities

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conducted, in cooperation with the MoJ and the Luxembourg police,
specialized TIP training to educate all staff workers involved in
women shelter work. Participation: 33 women and 2 men.

In September, the Ministry for Equal Opportunities, Amnesty
International and the Luxembourg Red Cross provided a preview of the
Luxembourgish co-production film "Your Name is Justine." The film
is the experience of a young woman from Poland who is sold as a
prostitute in Germany. The preview was followed by a debate on
trafficking in persons with an audience of 180 people. There was
wide press coverage.

In December 2006, the Ministry for Equal Opportunities conducted a
seminar in cooperation with one of a government funded shelter for
women in distress. The seminar entitled "TIP situation in
Luxembourg-Interagency cooperation" was attended by 21 women and 2
men working in shelters for women in distress. Following this
seminar, a working group was set up to create a network structure in
charge of providing care for victims of trafficking in persons.

--28D. Does the government support other programs to prevent
trafficking? (e.g., to promote women's participation in economic
decision-making or efforts to keep children in school.) Please
explain.

Answer: In the framework of a government-run campaign to promote
gender mainstreaming, in March 2006, the Ministry of Equal
Opportunity organized a seminar to discuss the government's national
action plan on equality between men and women with NGOs and
institutions involved in women's rights. On March 16, 2006, the
Luxembourg Parliament introduced the principle of non-discrimination
in Luxembourg's legislation. Article 11 of the Luxembourg
Constitution was revised to formally enter equality between men and
women in the text of the Constitution.

--28E. What is the relationship between government officials, NGOs,
other relevant organizations and other elements of civil society on
the trafficking issue?

Answer: In the identified trafficking cases, the police have worked
well with NGOs to provide the victims shelter, food, and protection.
The Ministry for Equal Opportunities described relationships among
all who work on trafficking issues as "excellent" and "cooperative."
Similarly, Amnesty International contacts described their contact
with GOL officials as "very friendly." Embassy observes good
communication and cooperation between the various governmental and
non-governmental organizations in Luxembourg.

--28F. Does the government adequately monitor immigration and
emigration patterns for evidence of trafficking? Do law enforcement
agencies respond appropriately to such evidence?

Answer: The MFA-Immigration Asylum and Refugee Office are very aware
of the dangers of trafficking during interviews and investigations
of asylum-seekers.

Luxembourg Air Border Security uses prescreening, profiling, and
international risk analysis for air passenger traffic in and out of
the country.

EU country statistics are sent to the Risk-Analysis Center (RAC) in
Helsinki every semester, and monthly to Eurostat, where they are
analyzed for trends and patterns. Law enforcement officials would
respond in the prescribed manner should trafficking be suspected.

As is the case throughout the Schengen area, persons traveling by
car or rail no longer stop at borders when entering and exiting the
country so very little monitoring occurs in these cases.

--28G. Is there a mechanism for coordination and communication
between various agencies, internal, international, and multilateral
on trafficking-related matters, such as multi-agency working group
or task force? Does the government have a trafficking in persons
working groups or single point of contact? Does the government have
a public corruption task force?

Answer: The MoJ TIP coordinator serves as the principal point of
contact and coordinator for counter-trafficking efforts within the
GOL. There is currently excellent cooperation between the various
involved agencies. The draft law will institutionalize this
process, establishing a permanent multi-agency counter-trafficking
working group.

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The new criminal investigation unit, specialized in investigations
on trafficking in people, has cooperated with the police in several
countries, with Interpol and Europol in order to combat trafficking.


The Council of Europe's monitoring mechanism for public institutions
monitors public corruption in Luxembourg and other EU countries. In
addition, the OECD regularly reports on corruption issues within
governments.

--28H. Does the government have a national plan of action to address
trafficking in persons?

Answer: The government currently does not have an official national
plan of action.

5.(SBU) INVESTIGATION AND PROSECUTION OF TRAFFICKERS:

--29A. Does the country have a law specifically prohibiting
trafficking in persons--both trafficking for sexual exploitation and
trafficking for non-sexual purposes (e.g. forced labor)? If so,
what is the law? If not, under what other laws can traffickers be
prosecuted? For example, are there laws against slavery or the
exploitation of prostitution by means of coercion or fraud? Are
these other laws being used in trafficking cases? Are these laws,
taken together, adequate to cover the full scope of trafficking in
persons?

Answer: According to the Luxembourg Penal Code Article 379bis,
trafficking for sexual exploitation carries penalties from six
months to three years, and monetary fines from 251 to 50,000 Euros.
In cases of force, the prison terms may range from one to ten
years.

The Penal Code also allows for fines of 500 to 125,000 Euros and
prison terms from one month to three years for facilitating a
foreigner's illegal entry and residence through direct or indirect
assistance, which would be used in cases of trafficking for
non-sexual exploitation purposes.

The Luxembourg Judicial Police Organized Crime Unit has indicated
that Luxembourg's laws against organized crime could also be used in
trafficking cases.

--29B. What are the penalties for traffickers of people for sexual
exploitation?

According to the Luxembourg Penal Code Article 379bis, trafficking
for sexual exploitation carries penalties from six months to three
years, and monetary fines from 251 to 50,000 Euros. In cases of
force, the prison terms may range from one to ten years.

The Penal Code also allows for fines of 500 to 125,000 Euros and
prison terms from one month to three years for facilitating a
foreigner's illegal entry and residence through direct or indirect
assistance, which would be used in cases of trafficking for
non-sexual exploitation purposes.

--29C. For traffickers of people for labor exploitation?

According to the Luxembourg Penal Code Article 379bis, trafficking
for sexual exploitation carries penalties from six months to three
years, and monetary fines from 251 to 50,000 Euros. In cases of
force, the prison terms may range from one to ten years.

The Penal Code also allows for fines of 500 to 125,000 Euros and
prison terms from one month to three years for facilitating a
foreigner's illegal entry and residence through direct or indirect
assistance, which would be used in cases of trafficking for
non-sexual exploitation purposes.

--29D. What are the penalties for rape or forcible sexual assault?
How do they compare to the penalty for sex traffickigg?

Answer: Any act of sexual penetration throug force or threat is
considered a rape and punishbble with imprisonment of five to ten
years. If the victim is under fourteen years of age, then any act
of sexual penetration committed through abuse of a person that is
incapable of giving consent is considered rape and punishable with
imprisonment of ten to 15 years.


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If the rape is followed by the death of the victim, then the prison
sentence will be 15 to 20 years. Murder committed in order to
facilitate the rape or ensure its impunity is punishable with
imprisonment for life.

According to the Luxembourg Penal Code, Article 372, any assault on
decency against a child under sixteen years of age is punishable
with imprisonment from one to five years. If the child is under
eleven years of age, the imprisonment will range from five to ten
years.

Any assault on decency committed with force or threat carries
penalties ranging from six months to five years. If the assault is
committed against a child under fourteen years of age, the penalties
will range from five to ten years.

--29E. Is prostitution legalized or decriminalized? Specifically,
are the activities of the prostitute criminalized? Are the
activities of the brothel owner/operator, clients, pimps, and
enforcers criminalized? Are these laws enforced? If prostitution is
legal and regulated, what is the legal minimum age for this
activity?

Answer: Prostitution by adults over the age of 18 is legal in
Luxembourg. Activity as a brothel owner/operator, client, pimp and
anyone profiting from the activities of a prostitute are illegal.
These laws are effectively enforced.

--29F. Has the Government prosecuted any cases against traffickers?
If so, provide numbers of investigations, prosecution, convictions,
and sentences, including details on plea bargains and fines, if
relevant and available? Are the traffickers serving the time
sentenced?

Answer: The GOL arrested and convicted one Kosovo-Albanian for his
role in smuggling (from Romania through Austria, Belgium to
Luxembourg) and pimping one Romanian woman. He was charged with
procuring prostitution and human trafficking under section 379bis in
the Luxembourg Penal Code. In January 2007, he was sentenced to
three years imprisonment and a 2,500 Euro fine. He is currently
serving this sentence in prison. The Luxembourg police worked with
the Belgian authorities to obtain information on the Belgian tenant
who was renting an apartment in Luxembourg to the Kosovo-Albanian
trafficker.

In 2004, the GOL arrested a Portuguese pimp who was charged with the
procurement of prostitution and human trafficking under section
379bis in the Luxembourg Penal Code.

In June 2006, a Portuguese pimp was given an 18-month deferred
sentence and she was sentenced to a 2,500 EUR fine. The suspended
sentence was given to her because her former husband, with residence
in Portugal, was considered the trafficker who brought four
Brazilian women through Portugal to Luxembourg.

The Luxembourg special criminal investigation unit, specialized in
investigations on trafficking in people reported there are four
investigations related to trafficking in 2007. There were two
convictions of the Kosovo-Albanian and the Portuguese national under
the sections of the law related to pimping, smuggling and
trafficking.

--29G. Is there any information or reports of who is behind the
trafficking?

Answer: In the case of the Romanian woman, it appears only one
Kosovo-Albanian was involved.

In the case of the four Brazilian women, there was evidence that the
Portuguese pimp was working through her former Portuguese husband
with a network of traffickers who brought the women from Brazil
through Portugal to Luxembourg. There is no information as to the
scale of the network.

--29H. Does the government actively investigate cases of
trafficking? Electronic surveillance, undercover operations, etc

Answer: The GOL actively monitors and efficiently addresses problems
related to trafficking as they arise.

Does the government use active investigative techniques in
trafficking in persons investigations? To the extent possible under

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domestic law, are techniques such as electronic surveillance,
undercover operations, and mitigated punishment or immunity for
cooperating suspects used by the government? Does the criminal
procedure code or other laws prohibit the police from engaging in
covert operations?

The GOL uses active investigative techniques, including electronic
surveillance and undercover operations.

However, the police are prohibited from engaging in covert
operations.

--29I. Does the government provide any specialized training for
government officials in how to recognize, investigate and prosecute
instances of trafficking?

Answer: The Luxembourg Ministry of Justice maintains a training
program, launched in January 2006, aimed at educating police,
immigration department, and other relevant government officials as
well as NGO workers as to how to identify trafficking victims. The
TIP working group coordinator regularly offers such a training
program for relevant government employees.

The Luxembourg air border security service provides continuous
training on an international level, especially with its EU
counterparts, and coordinates with customs officials. They are
trained to detect irregularities in immigration patterns, recognize
unusual behaviors, and watch for travelers belonging to particularly
vulnerable groups.

--29J. Does the government cooperate with other governments in the
investigation and prosecution of trafficking cases?

Answer: Until recently, the GOL had an Office of Police Coordination
with the German, Belgian, and French governments to determine what
prosecutors' needs are in relation to crime, immigration and TIP.
On May 1st, 2005, this office was replaced by the European Union
Border Management Agency, which now coordinates efforts to check
crime, illegal immigration and related matters within the European
Union.

Considering the flow of illegal migration towards the Canary
Islands, being a part of one of the main four routes to the EU, the
governments of Luxembourg, Germany, Portugal, and Italy decided in
February 2007, to provide experts to help on interviews with illegal
migrants who have arrived to the Canary Islands with the aim to
establish whether these crossings are being facilitated. The second
focus of the operation will be joint patrols by aerial and naval
means of Spain, Italy, Luxembourg, and France along the coast of
West Africa. The Luxembourg government will provide one aircraft.
The aim of these patrols, carried out in coordination with
Senegalese authorities, will be to stop migrants from leaving the
shore on the long sea journey and thus reducing the danger of the
loss of human life.

--29K. Does the government extradite persons who are charged with
trafficking in other countries? Does the government extradite its
own national charged with such offenses?

Answer: There is an extradition law, implemented in 1972, under
which the government has extradited 6 agents of human trafficking.
There is no law saying that Luxembourgers cannot be extradited for
trafficking. Luxembourg is also a signatory to the European Arrest
Warrant, under which no extradition is required to move and
prosecute criminals within signatory members of the European Union.

--29L. Is there evidence of government involvement in or tolerance
of trafficking, on a local or institutional level?

Answer: All reports indicate that the GOL is a staunch advocate of
firm action against trafficking.

--29M. If government officials are involved in trafficking, what
steps has the government taken to end such participation?

Answer: Not applicable

--29N. If the country has an identified child sex tourism problem
(as source or destination),how many foreign pedophiles has the
government prosecuted or deported/extradited to their country of
origin? Does the country's child sexual abuse laws have
extraterritorial coverage (like the U.S. PROTECT ACT)?

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Answer: Not applicable

--29O. Has the government signed, ratified, and/or taken steps to
implement the following international instruments? Please provide
the date of signature/ratification if appropriate.

--ILO Convention 182 concerning the prohibition and immediate
action for the elimination of the worst forms of child labor.

Answer: YES. 21 March 2001.

--ILO Convention 29 and 105 on forced or compulsory labor.

Answer: YES. Both on 24 July 1964.

--The Optional Protocol to the Convention on the Rights of the
Child (CRC) on the sale of children, child prostitution, and child
pornography.

Answer: YES. 1992.

--The Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially Women and Children, supplementing the UN
Convention Against Transnational Organized Crime.

Answer: YES. 13 December 2000.

Note: Additionally, Luxembourg signed the Council of Europe
Convention Against Trafficking in Human Beings 16 May 2005.


6. (SBU) PROTECTION AND ASSISTANCE TO VICTIMS:

--30A. Does the government assist victims, for example, by providing
temporary to permanent residency status, relief from deportation,
shelter and access to legal, medical and psychological services? If
so, please explain. Does the country have victim care and victim
health care facilities? If so, can post provide the number of
victims placed in these facilities?

Answer: The government fully funds two domestic NGOs, each having
several branches, which provide services to women in distress.
Victims of trafficking are eligible for and have used these
services.

When the Romanian trafficking victim was called to witness in a
Luxembourg court, the government funded her transportation and hotel
costs during her stay in Luxembourg.

The Drop-in Center for Sex Workers provides free medical care. They
have about 700 clients with active files.

--30B. Does the government provide funding or other forms of support
to foreign or domestic NGOs for services to victims? Please
explain.

Answer: The government fully funds two domestic NGOs, each having
several branches, which provide services to women in distress.
Victims of trafficking are eligible for and have used these
services.

When the Romanian trafficking victim was called to witness in a
Luxembourg court, the government funded her transportation and hotel
costs during her stay in Luxembourg.

The Drop-in Center for Sex Workers provides free medical care. They
have about 700 clients with active files.

--30C. Is there a screening and referral process in place, when
appropriate, to transfer victims detained, arrested or placed in
protective custody by law enforcement authorities to NGOs that
provide short- or long-term care?

Answer: Because the trafficking problem is so new, unusual and
limited in Luxembourg, the GOL has no official system in place for
this. In the cases in which trafficking victims have been
identified, such as that of the Romanian woman, the Ministry for the
Equal Opportunities provided the funding for housing and protecting
the victim after she had come forward. In 2006, the criminal
investigation unit, specialized in investigations on trafficking in
people was also granted a substantial budget to care for potential
victims.

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--30D. Are the rights of victims respected, or are victims also
treated as criminals? Are victims detained, jailed, or deported?
If detained or jailed, for how long? Are victims fined? Are
victims prosecuted for violations of other laws, such as those
governing immigration or prostitution?

Answer: As soon as a person is identified as a trafficking victim,
her rights are respected, and she is assisted with housing and
subsistence needs.

--30E. Does the government encourage victims to assist in the
investigation and prosecution of trafficking? Can victims file
civil suits or seek legal action against the traffickers?

Answer: The government encouraged the victims to give full
testimony with regard to any and all trafficking-related cases.
Victims can seek legal action against the traffickers.

--30F. What kind of protection is the government able to provide for
victims and witnesses? Does it provide these protections in
practice? How many shelters does the government run or fund (in
full or in part)? How much funding does the government provide for
shelters?

Answer: The government provides full operational funding for two
NGOs and eleven shelters for women in need. In October 2006, the
government granted the criminal investigation unit, specialized in
investigations on trafficking in people, a substantial budget to
provide for such victims. In every trafficking case that has
arisen, the GOL has seen to it that victims have been provided
shelter and that their basic needs have been met.

The Luxembourg Vice Squad has also gone to great lengths to aid the
victims of trafficking persons. Although they had no Witness
Protection Program in place, they have taken substantial measures to
protect the victims' physical safety and identities. After the
court proceedings had finished, they assisted the victims in
creating new identities and getting settled in a Witness Protection
Program abroad.

-- 30G. Does the government provide any specialized training for
government officials in recognizing trafficking and in the provision
of assistance to trafficked victims, including the special needs of
trafficked children?

Answer: The Luxembourg Ministry of Justice maintains a training
program, launched in January 2006, aimed at educating police,
immigration department, and other relevant government officials as
well as NGO workers as to how to identify trafficking victims. The
TIP working group coordinator regularly offers such a training
program for relevant government employees.

The Luxembourg air border security service provides continuous
training on an international level, especially with its EU
counterparts, and coordinates with customs officials. They are
trained to detect irregularities in immigration patterns, recognize
unusual behaviors, and watch for travelers belonging to particularly
vulnerable groups.

--30H. Does the government provide assistance, such as medical aid,
shelter, or financial help, to its repatriated nationals who are
victims of trafficking?

Answer: Not applicable.

--30I. Which international organizations or NGOs, if any, work with
trafficking victims? What type of services do they provide? What
sort of cooperation do they receive from local authorities?

The Luxembourg Vice Squad and the Ministry of Women's Promotion have
worked with Caritas, including its COATNET representative, SOS Women
in Distress, and the Comit de Liaison et d'Action des Etrangers
(CLAE),to ensure that trafficking victims are given shelter and
provisions to ensure their well-being and protection from
traffickers.

KRAFT