Identifier
Created
Classification
Origin
08STATE111994
2008-10-21 17:05:00
UNCLASSIFIED
Secretary of State
Cable title:  

THE NETHERLANDS: TIP ACTION GUIDE TO COMBAT TIP

Tags:  KCRM KWMN KTIP PHUM PREL SMIG NL 
pdf how-to read a cable
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RR RUEHAT
DE RUEHC #1994/01 2951712
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R 211705Z OCT 08
FM SECSTATE WASHDC
TO RUEHTC/AMEMBASSY THE HAGUE 3559
INFO RUEHAT/AMCONSUL AMSTERDAM 2137
UNCLAS SECTION 01 OF 05 STATE 111994 

SIPDIS

E.O. 12958: N/A
TAGS: KCRM KWMN KTIP PHUM PREL SMIG NL
SUBJECT: THE NETHERLANDS: TIP ACTION GUIDE TO COMBAT TIP
(2008-2009)

REF: 10-15-08 BUCKNEBERG-SMITH EMAIL

UNCLAS SECTION 01 OF 05 STATE 111994

SIPDIS

E.O. 12958: N/A
TAGS: KCRM KWMN KTIP PHUM PREL SMIG NL
SUBJECT: THE NETHERLANDS: TIP ACTION GUIDE TO COMBAT TIP
(2008-2009)

REF: 10-15-08 BUCKNEBERG-SMITH EMAIL


1. This is an action request (see para 5).


2. The 2008 Trafficking in Persons Report rates countries as
Tier 2 when host governments are not meeting the minimum
standards to combat trafficking in persons (TIP) as defined
by the Trafficking Victims Protection Act (TVPA),but are
making significant efforts to do so. Remaining on Tier 2,
however, is not guaranteed; governments must continue to
combat TIP and especially address areas that need further
work. All Tier 2 countries will move to Tier 1 if and when
they evidence satisfaction of all of the minimum standards.
Tier 2 countries are also subject to slipping to Tier 2 Watch
List or Tier 3 if they do not continue to make significant
efforts to meet the minimum standards from one year to the
next.


3. Please keep in mind the TIP Report measures host
government efforts. To be useful for tier placement
purposes, there should be a concrete role or tangible
value-added by a host government in activities by NGOs,
international organizations, or posts.


4. The following explains steps the government needs to take
in order to fully comply with the Minimum Standards for the
elimination of trafficking, and therefore qualify for a Tier
1 ranking, and offers suggestions to address specific areas
of concern highlighted in the 2008 TIP Report. Legal
standards are excerpted from the Trafficking Victims
Protection Act, as amended. Implementation Principles are
excerpted from guidance issued in 07 State 150188 (October
29, 2007) and are not specific to any country or region.
Country specific points are not exhaustive, but offer steps
and possible ways to address specific areas of concern. The
Department assesses government efforts each year. All
governments must show concrete evidence of serious and
sustained efforts in eliminating severe forms of trafficking
from the previous year. Tier ranking determinations will be
based on the government,s efforts to comply with the Minimum
Standards to Combat TIP during the April 2008 - March 2009
reporting period.


5. Begin action request: Post is requested to explain to
the host government the areas of specific concern noted in

the TIP Report and why the government failed to meet the
minimum standards (and thus did not meet the requirements for
Tier 1 placement). Post may offer steps in para 6 to the
host government as possible ways to address specific areas of
concern. While the list is not exhaustive, it should focus
the host government on deficiencies in meeting the minimum
standards and examples of ways to overcome them. As every
year, the Department will weigh the government,s level of
support and participation in reported activities, as well as
the efficacy and sustainability of government actions, in
light of its resources and capabilities.

Begin Action Guide and internal numbering.


1. Legal Framework: The government should criminally prohibit
TIP and punish such acts.

(A) For TIP crimes, punishment should be prescribed that is
commensurate with that for grave crimes, such as forcible
sexual assault.

(B) For TIP crimes, punishment should be prescribed that is
sufficiently stringent to deter and that adequately reflects
the heinous nature of the offense.

Implementation Guideline: At minimum, governments must
criminalize and prescribe penalties for all forms of
trafficking relevant in the country, including forced labor.
This must include the elements of "severe forms of
trafficking in persons" -- force, fraud, and coercion.
Although desirable, this need not be accomplished through a
comprehensive law, so long as relevant elements of
trafficking, specifically including fraud/deception and
coercion along with force, are covered by the country's laws.
Sanctions for sex trafficking should be on par with rape.
The prescribed penalties for sex trafficking crimes or
trafficking involving rape, kidnapping or death should be
substantially similar to those for rape, taking into account
the full range of sentences available. Consistent with the
UN Convention Against Transnational Organized Crime, criminal
penalties to meet this standard should include a maximum of
at least four years deprivation of liberty, or a more severe

STATE 00111994 002 OF 005


penalty.

COMPLIANCE: The government was in full compliance as
reported in the 2008 TIP Report.

Positive results that should be maintained:

-- Since January 2005, the Netherlands has prohibited all
forms of trafficking through Criminal Code Article 273, which
prescribes penalties for any form of trafficking of six to 15
years, imprisonment and fines of up to $67,500. These
penalties are sufficiently stringent and commensurate with
those prescribed for rape.


2. Prosecution and other Law Enforcement Efforts: The
government should show serious and sustained efforts to
combat TIP by vigorously investigating and prosecuting TIP
acts, and convicting and sentencing persons responsible for
such acts.

(A) The government must provide data regarding
investigations, prosecutions, convictions, and sentences,
consistent with its capacity to do so, or it shall be
presumed not to have vigorously investigated, prosecuted,
convicted or sentenced such acts.

Implementation Guideline: All governments, consistent with
their capacity to do so, are required to submit full
comprehensive data on trafficking enforcement actions,
including length of sentences actually imposed on convicted
traffickers, as evidence of their vigorous law enforcement
efforts. Imposed sentences should involve significant jail
time, with a majority of cases resulting in sentences on the
order of one year imprisonment or more, but taking into
account the severity of an individual's involvement in
trafficking, imposed sentences for other grave crimes, and
the judiciary's right to hand down punishments consistent
with that country's laws. Convictions obtained under other
criminal laws and statutes can be counted as trafficking if
the government verifies that they involve trafficking
offenses.

COMPLIANCE: The government was fully compliant as reported
in the 2008 TIP Report.

Positive results that should be maintained and/or exceeded:

-- The Government of the Netherlands continued to show
substantial law enforcement efforts to combat trafficking. In
2006, the last year for which statistics are available,
police investigated and referred 201 sex trafficking cases
for prosecution, an increase from 138 investigations in 2005.
The public prosecutor prosecuted 216 sex trafficking cases,
an increase from 138 in 2005, and obtained 90 convictions of
trafficking offenders in 2006. The average prison sentence
imposed was approximately 27 months, imprisonment, and
five-and-a-half years, imprisonment in cases involving
sexual violence.

-- The College of Attorneys-General is investigating whether
judges are systematically giving appropriate sentences in
trafficking cases.

-- In 2008, one labor trafficking case led to a conviction
with a three-year prison term. Nine labor trafficking
investigations are ongoing.

Recommended measures to ensure that the country continues to
fully comply with Minimum Standards:

-- Continue to review sufficiency of sentences in trafficking
cases.

-- Continue to explore ways to improve prosecution of labor
trafficking cases.

-- Consider closer collaboration with the Netherlands
Antilles and Aruba on enhancing overall anti-trafficking
efforts.


3. Victim Protection and Assistance: The government should
demonstrate serious and sustained efforts to combat TIP by
protecting TIP victims and encouraging their assistance in
the investigation and prosecution of their traffickers.
Protection should include:

(A) provisions for legal alternatives to victims, removal to
countries in which they would face retribution or hardship.

(B) ensuring that victims are not inappropriately
incarcerated, fined, or otherwise penalized solely for
unlawful acts that were committed as a direct result of being

STATE 00111994 003 OF 005


trafficked.

Implementation Guideline: Critical factors considered in
whether a country fully satisfies this part of the minimum
standards are: (1) Formal, systematic screening procedures
that proactively identify victims and guide law enforcement
and other front line responders in the process of victim
identification. (2) Shelter, health care, and counseling
should be available to victims, allowing them to recount
their trafficking experience to trained social counselors and
law enforcement at a pace with minimal pressure. Shelter and
care may be provided in cooperation with NGOs, but part of
the government,s responsibility includes funding and
referral to NGOs providing services; to the best extent
possible, trafficking victims should not be held in
immigration detention centers, or other detention facilities.
Factors also considered and strongly recommended for
favorable placement are: (1) Victim/witness protection,
rights and confidentiality; i.e., governments should ensure
that victims are provided with legal and other assistance and
that, consistent with its domestic law, proceedings are not
prejudicial to victims' rights, dignity or psychological
well-being; and that victims are provided information in a
language they understand. (2) Source and destination
countries share responsibility in ensuring the safe, humane
and, to the extent possible, voluntary
repatriation/reintegration for victims. At a minimum,
destination countries should contact a competent governmental
body, NGO or IO in relevant source country to ensure that
trafficked persons who return to their country of origin are
provided with assistance and support necessary to their
well-being. Trafficking victims should not be subjected to
deportations or forced returns without safeguards or other
measures to reduce the risk of hardship, retribution, or
re-trafficking.

COMPLIANCE: The government was fully compliant as reported
in the 2008 TIP Report.

Positive results that should be maintained and/or exceeded:

-- The government demonstrated increased efforts to protect
trafficking victims. In 2007, the government registered 716
victims, up from 579 victims in 2006.

-- Dutch authorities provided a temporary residence mechanism
to allow trafficking victims and witnesses to stay in the
Netherlands during the investigation and prosecution of their
traffickers; this included a reflection period of three
months for victims to consider pressing charges. During this
period, the government provides victims with legal,
financial, and psychological assistance, including shelter
(in facilities that also serve victims of domestic violence),
medical care, social security benefits, and education
financing. In October 2007, the Justice Ministry further
eased requirements for trafficking victims to obtain
temporary and permanent residence permits.

-- The government opened two shelters for male victims in

2007. In December 2007, the government raised the budget for
protection of trafficking victims and plans to expand shelter
capacity and create additional separate shelters for men. In
May 2007, the city of Amsterdam opened a special trafficking
coordination center to facilitate NGO-police communication
and shelter up to 10 women or girls. Since 2007, the
government has placed single, underage asylum seekers at
secret locations under police supervision and provided
intensive counseling to prevent them from being trafficked.

-- Victims are not penalized for unlawful acts committed as a
direct result of being trafficked.

-- The Dutch Foreign Ministry provides roughly $3.75 million
per year to fund international anti-trafficking and victim
protection programs, particularly in principal victim source
countries such as Romania, Bulgaria, and Nigeria.

Recommended measures to ensure that the country continues to
fully comply with Minimum Standards:

-- Evaluate why many reported trafficking victims decline to
assist in the prosecution of their traffickers, and whether
additional government measures would encourage more victims
to do so

-- Continue efforts to proactively identify trafficking
victims in the legalized prostitution sector


4. Prevention: The government should demonstrate serious and
sustained efforts to combat TIP by adopting measures to
prevent TIP. Measures such as:


STATE 00111994 004 OF 005


(A) steps to inform and educate the public, including
potential victims, about the causes and consequences of TIP,

(B) measures to reduce the demand for commercial sex acts and
for participation in international sex tourism by nationals
of the country,

(C) measures to ensure that its nationals who are deployed
abroad as part of a peacekeeping or other similar mission do
not engage in or facilitate severe forms of trafficking in
persons or exploit victims of such trafficking,

(D) measures to prevent the use of forced labor or child
labor in violation of international standards.

Implementation Guideline: The government should provide/fund
a hotline or similar mechanism that offers victims and
potential victims assistance/information about TIP. Per the
new amendments to the Minimum Standards, starting with the
April 2007- March 2008 reporting period to be covered in the
2008 TIP Report, countries should, for example where
applicable: (1) Reduce demand for commercial sex acts:
Implement or support some form of visible awareness campaign
that educates the clients of the sex trade (and potential sex
trafficking victims) if the country has a significant sex
trafficking problem, or a campaign that targets those who
form the demand for victims of forced labor about the nature
of the relevant form of TIP. Nations with legalized
prostitution should make additional efforts to proactively
identify TIP victims among those in prostitution in the
legalized sex trade. This includes the systematic and
sensitive screening of persons in the legalized sex trade.
(2) Address child sex tourism: Countries that have a
significant number of nationals traveling abroad as child sex
tourists should undertake an awareness campaign that targets
tourists traveling to known child sex tourism destinations.
(3) Address trafficking and exploitation committed by
multinational peacekeepers: Governments with more than 100
troops on peacekeeping or other similar missions abroad
should provide anti-TIP training for these troops (directly
or through multilateral efforts),and should investigate and,
if appropriate, prosecute any allegations of trafficking
crimes or crimes of facilitating trafficking or exploiting
trafficking victims committed by these troops abroad and
referred to it by the UN or another competent organization.

COMPLIANCE: The government was fully compliant as reported
in the 2008 TIP Report.

Positive results that should be maintained and/or exceeded:

-- The Netherlands demonstrated strong trafficking
awareness-raising efforts during the year. In January 2008,
the government renewed its multimedia campaign targeted at
sex trade &clients,8 women in prostitution, and others
encouraging them to report signs of trafficking to an
anonymous tip line. The government sponsored an initiative to
combat trafficking by placing anti-trafficking public service
announcements on a website frequented by men seeking women in
prostitution. Beginning in 2008, the Social Ministry,s Labor
Inspectorate will screen brothels to check for signs of
exploitation in addition to the regular screening conducted
by specially trained police units. In 2007, the Justice
Ministry expanded an agreement with the Dutch newspaper
association committing newspapers to require escort services
to include their business license or Value Added Tax numbers
in ads for sexual services. In December 2007, Amsterdam Mayor
Cohen presented a plan to &get rid of the underlying
criminality8 of the red light district that would restrict
brothels to a smaller area, exclude pimps from the district,
and tighten permit requirements for brothel and escort
service operators, to include criminal background
investigations.

-- A high level task force on combating trafficking chaired
by the attorney general responsible for trafficking
prosecution policy was inaugurated in 2008.

-- The Dutch military provides training to all military
personnel on the prevention of trafficking and sexual
exploitation and additional training on recognizing
trafficking victims for Dutch troops being deployed abroad
for duty as international peacekeepers. Dutch military
personnel serving abroad are prohibited from patronizing sex
trade establishments.

-- Dutch military police have a protocol to identify and
detain passengers at Dutch airports suspected of child sex
tourism. In 2008, the government committed approximately
$780,000 over three years to an ECPAT project to implement a
code of conduct for tourism operators in destination
countries to prevent child sex tourism. The government also

STATE 00111994 005 OF 005


provides funds to ECPAT to show in-flight videos on flights
from Amsterdam to popular holiday destinations warning
travelers that child sex tourism is prosecutable in the
destination country as well as in the Netherlands.

Recommended measures to ensure that the country continues to
fully comply with Minimum Standards:

-- Continue anti-trafficking awareness initiatives aimed at
educating clients of the commercial sex trade about the
causes and consequences of trafficking.


5. Corruption and Official Complicity: The government should
vigorously investigate, prosecute, convict, and sentence
public officials who participate in or facilitate TIP, and
take all appropriate measures against officials who condone
such trafficking.

(A) This should include nationals of the country who are
deployed abroad as part of a peacekeeping or other similar
mission who engage in or facilitate severe forms of
trafficking in persons or exploit victims of such trafficking.

(B) The government must provide data regarding such
investigations, prosecutions, convictions, and sentences, or
it shall be presumed not to have vigorously investigated,
prosecuted, convicted, or sentenced such acts.

Implementation Principle: Governments, consistent with their
capacity to do so, must provide full comprehensive data on
actions taken against TIP related complicity. Information on
general government corruption does
not satisfy this minimum standard, except in cases in which
specific cases of complicity are not reported by the
government or known to the USG, but where there is a
reasonable probability of such complicity within the wider
context of generalized corruption in that country.

COMPLIANCE: There were no specific cases of complicity
reported by the government in the 2008 TIP Report.

Recommendation for measures to ensure that the country fully
complies with Minimum Standards:

-- Continue to vigorously investigate and prosecute
trafficking-related corruption at all levels of law
enforcement. Share comprehensive data on investigations,
prosecutions, and convictions of complicit officials, and the
lengths of sentences imposed on those convicted, if specific
cases of complicity have occurred.

End Action Guide and internal numbering.


6. The Department appreciates Post,s continued efforts to
address trafficking in persons issues.
RICE