Identifier
Created
Classification
Origin
09CURACAO9
2009-02-12 19:36:00
UNCLASSIFIED
Consulate Curacao
Cable title:  

TRAFFICKING IN PERSONS (TIP) REPORT 2009 NETHERLANDS

Tags:  AA NA KTIP ELAB KCRM KFRD KWMN PGOV PHUM PREF 
pdf how-to read a cable
R 121936Z FEB 09
FM AMCONSUL CURACAO
TO SECSTATE WASHDC 2211
INFO AMEMBASSY THE HAGUE 
AMCONSUL CURACAO
UNCLAS CURACAO 000009 


FOR G/TIP; WHA/EX AND EUR/EX

E.O. 12958: N/A
TAGS: AA NA KTIP ELAB KCRM KFRD KWMN PGOV PHUM PREF
SMIG, NL
SUBJECT: TRAFFICKING IN PERSONS (TIP) REPORT 2009 NETHERLANDS
ANTILLES AND ARUBA

REF: 2008 STATE 00132759

UNCLAS CURACAO 000009


FOR G/TIP; WHA/EX AND EUR/EX

E.O. 12958: N/A
TAGS: AA NA KTIP ELAB KCRM KFRD KWMN PGOV PHUM PREF
SMIG, NL
SUBJECT: TRAFFICKING IN PERSONS (TIP) REPORT 2009 NETHERLANDS
ANTILLES AND ARUBA

REF: 2008 STATE 00132759


1. (U) Post hereby submits the answers to the 2009 annual
Trafficking In Persons (TIP) Report questions for the
Netherlands Antilles and Aruba:

--------------
REPORTING QUESTIONS
--------------


2. (U) THE COUNTRY'S TIP SITUATION:

-- A. What is (are) the source(s) of available information on
trafficking in persons? What plans are in place (if any) to
undertake further documentation of human trafficking? How
reliable are these sources?

The Police Departments (which include the immigration
departments),the security services of both jurisdictions, the
Dutch/Antillean/Aruban joint Dutch-Antillean police cooperation
team (RST),Public Prosecutor's Office (PPO),Foreign Offices,
Department of Social Development, Women's Desk, and the Coast
Guard of the Netherlands Antilles and Aruba (CGNAA) are the
enforcement agencies/sources for information on trafficking in
persons. In addition, in Aruba the IASA (Alarm and Security
Department) and Guarda nos Costa (Department of Coastal
Security) are also sources.

In the Antilles, the Directorate of Social Development, based
on an IOM survey, has continued initiatives for both a national
and regional approach to TIP. There is also a Working Group on
Law Enforcement Programs consisting of the Directorate of
Judicial Affairs, the PPO, and Department for Development
Cooperation and Internal Affairs (all sub-Ministerial) to apply
Dutch funding to TIP/alien smuggling policy development and
administration.

The Bureau of Women's Affairs of the Curagao Island Government
has strengthened the victim-assistance component of the
anti-trafficking working group, providing the necessary balance
to ensure increased possibilities for successful prosecution of
perpetrators of human trafficking.

-- B. Is the country a country of origin, transit, and/or
destination for internationally trafficked men, women, or
children? Does trafficking occur within the country's

borders? If so, does internal trafficking occur in territory
outside of the government's control (e.g. in a civil war
situation)? To where are people trafficked? For what purposes
are they trafficked? Provide, where possible, numbers or
estimates for each group of trafficking victims. Have there been
any changes in the TIP situation since the last TIP Report (e.g.
changes in destinations)?

Aruba and the Netherlands Antilles are separate countries within
the Kingdom of the Netherlands. Both countries are autonomous
and have separate jurisdictions. Neither jurisdiction is a
country of origin, transit, or destination for international
trafficking on a large scale. Official condonment of the sex
industry in the Netherlands Antilles has given rise to
individual instances of trafficking, although hard numbers are
still difficult to obtain. There are no concrete indications of
human trafficking in Aruba.

Local authorities believe it is likely that both females and
males are trafficked into local domestic servitude as well as
into the construction and agricultural (landscaping) industries.

Based on multiple independent source reporting from various
agencies within the region, St. Maarten may be a gateway for
alien smuggling into the U.S. Law enforcement considers St.
Maarten a significant transit point for the movement of special
interest aliens into the U.S. based on corroborated reporting
and its proximity to the U.S.

To get a better grasp of the extent of human trafficking in the
Netherlands Antilles, the Public Prosecutor's Office has
initiated a process to arrive at an analysis of trafficking as a
crime, and has continued the development of this process in

2008. It is expected that this will enable the Netherlands
Antilles to deal better with the problem of human trafficking.

In Aruba, there are no concrete indications of human
trafficking. Up to now the Aruba Public Prosecutor's Office has
not brought to trial any cases of human trafficking, nor have
there been any complaints submitted in this regard. The Aruba
Department of Labor and Research (DLR) has no registered cases
of trafficking of persons into domestic servitude, in the
construction or agriculture industries.

-- C. What kind of conditions are the victims trafficked into?
Netherlands Antilles authorities believe it is likely that both
females and males are trafficked into local domestic servitude
as well as into the construction and agricultural (landscaping)
industries, with inadequate housing and remunerations that are
significantly lower than the legally required minimum.

-- D. Vulnerability to TIP: Are certain groups of persons more
at risk of being trafficked (e.g. women and children, boys
versus girls, certain ethnic groups, refugees, IDPs, etc.)?

Neither jurisdiction is a country of origin, transit, or
destination for international trafficking on a large scale.
Adult males and females of Latin American/Caribbean origins are
probably the most likely groups of persons of being trafficked.
There are no indications of minors or specific ethnic groups
being trafficked. There are no concrete indications of human
trafficking in Aruba.

-- E. Traffickers and Their Methods: Who are the
traffickers/exploiters? Are they independent business people?
Small or family-based crime groups? Large international
organized crime syndicates? What methods are used to approach
victims? For example, are they offered lucrative jobs, sold by
their families, or approached by friends of friends? What
methods are used to move the victims (e.g., are false documents
being used?). Are employment, travel, and tourism agencies or
marriage brokers involved with or fronting for traffickers or
crime groups to traffic individuals?

The Netherlands Antilles are destination points for Colombian
and Dominican women, numbering probably 500 or more throughout
the five islands of the Netherlands Antilles during any quarter,
who come to work as prostitutes. Solicitation of prostitution is
illegal, but condoned in certain places, so most activity is
confined to brothels. St. Maarten attracts prostitutes from the
northern part of the Caribbean, especially from the Dominican
Republic. We believe that the overwhelming majority come freely,
attracted by the relatively high earning potential. However,
there could well be some degree of misrepresentation for some.
For example, they may be hired to dance or work in a bar, but
are told they will be expected to dance nude, perhaps at extra
salary. Some are just underpaid and seek alternatives to Q
extra money. Those in the Antilles experiencing such coercion
are probably limited to 50-75 women. Aruba values its
family-oriented tourism destination reputation and closely
monitors conditions for prostitution.

The local government is aware that many "dancers" end up working
in prostitution. In the past, these "dancers" were allowed to
enter Curagao on a tourist visa, but that is no longer the case.
Post also believes that some Middle Eastern, Asian or South
Asian migrants, if the Netherlands Antilles or Aruba is their
destination, may pay off their transport through lower wages in
ethnic restaurants or businesses. It is very difficult to
investigate these suspicions without extensive interviews with
reluctant subjects and very limited resources. Observers agree
that the imposition of a visa requirement for Colombians has
sharply curtailed all Colombian travel, including unregulated
prostitutes. Dominicans also require visas. In 2004, visa
restrictions were increased further and virtually all persons
except those from the EU, North America and other highly
developed countries require visas to enter either country.
Venezuelans also do not require visas for entry and there is
some information indicating that some illegal migrants,
particularly from Colombia, are using fraudulent Venezuelan
passports. Visa applications received abroad are vetted in
Curagao by foreign department officials trained to recognize
potential trafficking indicators.

The Dutch Caribbean has no extensive manufacturing or
agriculture sector. Both Aruba and the Netherlands Antilles have
an active and vigilant trade union sector that closely monitors
employment conditions and the employment of immigrants, to
preserve employment opportunities for its members. Post does
believe there are some cases of men working to pay off passage
via labor performed in restaurants, furniture or jewelry stores.
In addition, host government officials suspect there are Haitian
males employed illegally in the agriculture/gardening sector and
there may be several males from throughout Latin America and the
Caribbean trafficked into the construction industry. However,
these suspicions are based on anecdotal evidence and there are
no numbers to back up the claims.

In Aruba a number of migrants work illegally in the construction
sector. However, they do so on their own accord and there is no
concrete indication that they are trafficked into the
construction industry. The IASA (Alarm and Security Department
in Aruba, also in charge of the procedures regarding illegal
migrants) regularly visits construction sites to inspect the
work and the residency permits of the workers and to remove
illegal workers from the island.



3. (U) SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS:

-- A. Does the government acknowledge that trafficking is a
problem in the country? If not, why not?

While the Governments of the Netherlands Antilles and Aruba
admit that illegal immigration and TIP are serious issues and
are concerned about trafficking, government officials do not
fully recognize trafficking as a major problem in the Dutch
Caribbean. Nonetheless a special instruction has been
undersigned by the Netherlands Antilles Council of Ministers.
In Aruba a labor shortage exists, which attracts migrant workers.

-- B. Which government agencies are involved in anti-trafficking
efforts and which agency, if any, has the lead?

The Police Departments (which include the immigration
departments),the security services of both jurisdictions, the
Dutch/Antillean/Aruban joint Dutch-Antillean police cooperation
team (RST),Public Prosecutor's Office (PPO),Foreign Offices,
Department of Social Development, Women's Desk, and the Coast
Guard of the Netherlands Antilles and Aruba (CGNAA) are the
enforcement agencies involved in anti-trafficking efforts. In
addition, in Aruba the IASA (Alarm and Security Department) and
Guarda nos Costa (Department of Coastal Security) are also
involved in anti-trafficking efforts. In both jurisdictions, the
PPO has the lead in these efforts.

-- C. What are the limitations on the government's ability to
address this problem in practice? For example, is funding for
police or other institutions inadequate? Is overall corruption a
problem? Does the government lack the resources to aid victims?

Funding and staffing for police and judicial offices remains a
chronic problem throughout the Netherlands Antilles and Aruba.
Allegations and proven instances of corruption in the realm of
immigration and work permits exist in both Aruba and the
Netherlands Antilles. Various reliable sources tell us that a
few government officials have cooperated with those who organize
smuggling rings. Moderate wages, inadequate staffing and low
morale are the reasons cited for accepting bribes and are the
same factors that will hamper aggressive investigations into
allegations of smuggling or trafficking. Corrupt officials in
the Netherlands Antilles are prosecuted by an aggressive,
independent Public Prosecutor's Office.

In Aruba, DIMAS (Directorate of Alien Policy, Admission and
Integration) has been tasked with streamlining the issuance of
residency and work permits and naturalization procedures there.
The Minister of Public Health, Environment, Administrative and
Aliens Affairs has overall responsibility for DIMAS. The Cabinet
of the Governor of Aruba receives the requests for Dutch
naturalization. These requests are submitted to the Immigration
and Naturalization Service of the Netherlands (IND),which then
processes them. If additional information about a person's
legally allowed period of stay in Aruba is needed, the Cabinet
of the Governor of Aruba requests DIMAS to provide the necessary
information in order to inform the IND.

Also in Aruba, the Public Prosecutor's Office, in cooperation
with the National Investigative Division, which investigates
allegations of crimes committed by government officials
("Landsrecherche"),actively investigates and prosecutes corrupt
government officials. In past years, most court cases involved
persons convicted of attempting to bring illegal immigrants into
the island by boat. Four Venezuelan citizens were arrested for
human smuggling in 2007; they were convicted in March 2008.
There were no cases of human trafficking, neither have there
been any complaints submitted in this regard.

-- D. To what extent does the government systematically monitor
its anti-trafficking efforts (on all fronts -- prosecution,
victim protection, and prevention) and periodically make
available, publicly or privately and directly or through
regional/international organizations, its assessments of these
anti-trafficking efforts?

Although both jurisdictions are still in the early phases of
their anti-TIP efforts, the government of the Netherlands
Antilles has taken a more active role in increasing awareness of
the issue. Both jurisdictions are coping with inadequate funding
and rising expectations for social spending of their extensive
and costly social welfare systems. Both jurisdictions are
attempting to rationalize and reform different, but related,
funding relationships with the Netherlands and the shortfalls
contribute to inadequate staffing and training and heavy
workloads for officials. Still, both governments are committed
to creating and maintaining conditions to deter TIP. Aruba has
improved data collection and analytical capacity to detect
possible violations relating to TIP, sex tourism and
pornography. The Netherlands Antilles has been a very active
participant in IOM TIP training programs over the last few years.

While both the Antillean and Aruba governments strive to better
monitor local instances of TIP, consciousness-raising is still
the primary focus in both countries. Post expects to see a
continuation of such seminars or discussions aimed at wider
audiences in coming years. In Aruba the Ministry of Social
Affairs has an office that could provide assistance, such as
shelter and care, to victims of trafficking.


4. (U) INVESTIGATION AND PROSECUTION OF TRAFFICKERS:

For questions A-D, posts should highlight in particular whether
or not the country has enacted any new legislation since the
last TIP report.

-- A. Existing Laws against TIP: Does the country have a law or
laws specifically prohibiting trafficking in persons -- both for
sexual exploitation and labor? If so, please specifically cite
the name of the law(s) and its date of enactment and provide the
exact language [actual copies preferable] of the TIP provisions.
Please provide a full inventory of trafficking laws, including
non-criminal statutes that allow for civil penalties against
alleged trafficking crimes (e.g., civil forfeiture laws and laws
against illegal debt). Does the law(s) cover both internal and
transnational forms of trafficking? 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
force, fraud, or coercion? Are these other laws being used in
trafficking cases?

Netherlands Antilles

The Netherlands Antilles Government Advisory Council received
instructions to review the new penal code in late 2008; the
majority of changes relate to treaties that have been signed.
Special provisions concerning trafficking are planned to be
delivered to the Antillean Parliament in 2009. The Advisory
Council's work is expected to take approximately six months and
to be finished in mid-2009.

Existing provisions of the Netherlands Antilles Penal Code
include (NAPC):

Article 203 a The smuggling of persons (P.B. 2003, nr. 65)
1). He who, for profit purposes, helps another to acquire access
to, in the sojourning in or departure from the Netherlands
Antilles, or who, for profit reasons, gives him the opportunity,
resources or information to acquire access to, sojourn, depart
from the Netherlands Antilles, knowing or having serious reasons
to suspect that the access or stay is illegal, will be punished
with a prison sentence up to 4 years or a fine up to NAF. 75.000.

2). He who, for profit purposes, for his own account or for an
alien account, directly or indirectly helps a person in
acquiring access to, in the sojourning in a country, which is
not the Netherlands Antilles, whereby the Netherlands Antilles
is used as a transit country, knowing or seriously suspecting
that the access to or the stay in that country is illegal, will
be guilty of trading in persons and will therefore be punished
with a prison sentence up to 4 years or a fine up to NAF.75.000.

3). If this act is committed during the execution of one's
function or career the prison sentence will be up to 6 years or
the fine up to NAF. 1000000,- and the person concerned can be
deprived of his right to fulfill this function or career. The
judge can order his verdict to be made publicly known.

4). If more persons commit the act a prison sentence of up to 8
years will be imposed.

Article 260 Trade in women and little boys.
Trade in women and male minors will be punished with a prison
sentence of up to five years.

Explanation:
According to the explanation and jurisprudence, this entails the
following: `All acts of which the immediate purpose is to bring
a woman into a state of being dependent on others, who want her
to be in their power in order to use her for vice with third
parties.' These acts entail, amongst others, psychological
pressure by e.g. taking away someone's passport, bringing
someone into a threatening circumstance by locking him/her up or
by illegal authority due to the fact that e.g. the prostitute
finds himself/herself in a situation or will find
himself/herself in a situation in which he/she does not have
his/her own financial means or has high debts because of the
trip to Curagao.
Prostitution comprises making oneself available to perform
sexual acts with third parties for money; strip tease dancing in
a nightclub does not fall under prostitution.

Jurisprudence interpretation of acts:
Jurisprudence 1986, 737: every act of which the purpose is to
hand over a woman into prostitution;
Jurisprudence 1992, 716: such an act includes every behavior
aimed against a woman, who has voluntarily bound herself into
prostitution, with the purpose of hindering her in her freedom
to stop with prostitution.

Article 297 Coercion.
A prison sentence of up to two years will be imposed on:
1). A person who, with the use of violence or by means of a
violent threat, aimed at another person or a third party,
illegally forces the person or third party to do something, not
to do something or to tolerate something;
2). A person who, under the threat of defamation, libel or false
witness forces another person to do something, not to do
something or to tolerate something;
3). In the case of the clause defined under nr.2 the criminal
act will not be prosecuted unless the victim demands it.

Explanation:
The statement under the traffic in women, which comprises
unpunishable strip tease dancing, can be punishable. In this
case, it must be proven that the person has been forced
illegally to do this (if the person has, for instance, signed a
contract to do strip tease and afterwards wants to revoke it,
the contract itself is not illegal).

If minors are involved:

Article 256 Vice.
1). A person who, by means of gifts or promises of money or
goods, the misuse of the authority resulting from an illegal
relationship or deception of a minor of unblemished behavior,
whose minor age is known to him or he must reasonably suspect,
deliberately persuades this minor to commit lewd acts with him
or to tolerate such acts from this person, will be punished with
a prison sentence of up to eight years.
2). The second, third and fourth clause of article 251 apply
accordingly.

Article 257 Vice.
1). The person who commits lewd acts with his minor child, step
child, his student, a minor entrusted to his care, education or
vigilance or his servant or subordinate of minor age, will be
punished with a prison sentence of up to twelve years.
2). This prison sentence includes:
A). The civil servant who commits lewd acts with a person
who is under his authority or who is recommended to be entrusted
under his vigilance.
B). The director, doctor, teacher, official, supervisor or
servant in a prison, reform school, orphanage, hospital, mental
institution, charity institution, who commits lewd acts with a
member thereof.
C). The person who, employed in health or social care,
commits lewd acts with someone, who is his client or patient.

Article 258 Vice.
The following persons will receive a prison sentence:
1). of up to eight years: the person who deliberately causes or
encourages the committing of lewd acts by his minor child, step
child, student, a minor entrusted to his care, education or
vigilance, his minor servant or subordinate with a third party;
2). of up to six years: the person who, outside of the cases
stated under nr. 1, deliberately causes or encourages the
committing of lewd acts by a minor, whose minor ages this person
knows or must reasonably suspect, with a third party.
3). If the guilty person makes the committing of the illegal act
a career or habit, the prison sentences can increase by one
third.

Article 23 National Ordinance on Admittance and Expulsion.
Third clause:
The person, who hires another person or lets this person perform
work activities, and the worker thereby violates this national
ordinance, the hirer will be punished with a prison sentence of
up to three months or a fine of up to one hundred thousand
guilders.

Netherlands Antilles Penal Code Title XVII Crimes against
personal freedom (revised penal Code, to be delivered to the
Antillean Parliament at the end of 2008.

Article 2.17a Trafficking in persons.
1). The penalty for trafficking in persons is a prison sentence
of nine years maximally or a fine in the fifth category.
2). the person who - by means of coercion, violence, the threat
of violence, blackmail, frQ, deception, the misuse of
authority resulting from violent relationships, the misuse of a
vulnerable position, the giving and receiving of payments or
profits in order to gain another person's approval and by means
of authority over this person - acquires, transports, and gives
the person housing, with the aim of exploiting him/her or
removing his/her organs;
3). the person who acquires, transports or houses another person
with the aim of exploiting this person or removing his/her
organs, while this other person is not yet eighteen;
4). the person, who acquires another person, who takes this
person along with him or abducts this person with the aim of
persuading this person to make himself/herself available for
performing sexual acts with or for a third party at a charge;
5). the person who, by means of one of methods stated under nr.
1., coerces or persuades another person to make himself/herself
available to perform labor, services or to make his/her organs
available or the person, who performs a certain act under the
circumstances mentioned under 1 of which he knows or must
suspect that the other person will thereby make himself/herself
available to perform labor/services or will make his/her organs
available;
6). the person who persuades another person to make
himself/herself available to perform sexual acts with or for a
third party at a charge or to make his/her organs available at a
charge, or the person who, with regard to another person, takes
certain actions, of which he knows or must suspect that this
other person will thereby make himself/herself available to
perform sexual acts or will make his/her organs available at a
charge, while this other person is not yet eighteen;
7). the person who profits from exploiting another person;
8). the person, who profits from the removal of another person's
organs, while the former person knows or must suspect that the
latter person's organs have been removed under the circumstances
stated under 1;
9). the person, who profits intentionally from sexual acts by
another person with or for a third party at a charge or from the
removal of the other person's organs at a charge, while the
other person is not yet eighteen.
10). the person, who forces another person with one of methods
stated under 1 or who persuades the other person to benefit from
the earnings of the other person's sexual performances with or
for a third party or from the removal of the other person's
organs.
11). Exploitation comprises at least the exploitation of another
person in prostitution, other forms of sexual exploitation,
forced or compelled labor or services, slavery or practices to
be compared to slavery or servitude.
12). The guilty person will be punished with a prison sentence
of up to twelve years or a fine in the fifth category, if:
A). The crimes defined in the first clause are committed by
two or more associated persons;
B). The person, on whom the crimes described in the first
clause are committed, has not yet turned sixteen.
C). The crimes, which are described in the first clause and
which are committed by two or more associated persons under the
circumstances stated in the third clause, section 2, entail a
prison sentence of up to fourteen years or a fine in the fifth
category.
D). If one of the crimes described in the first clause results
in serious physical injury or if the life of another person is
feared because of these injuries, the perpetrator can receive a
prison sentence of up to sixteen years or a fine in the fifth
category.
E). If one of the crimes described in the first clause results
in death, the perpetrator can receive a prison sentence of up to
twenty-four years or a fine in the fifth category
260NAPC(old);273a NAPC.


Aruba

The Aruban Parliament approved a proposed amendment to the Aruba
Penal Code and other existing laws to comply with international
treaties. The amendments are based on various UN protocols: the
facultative protocol on child trade; child prostitution and
child pornography, the International Treaty of Children's
Rights; the Treaty against transnational Organized Crime; the
Protocol that handles prevention, fight against, and punishment
of human trafficking, especially women and children.

In 2003 the Minister of Justice installed a task force to
completely revise and update the Aruba Penal Code. Human
smuggling is a crime and punishable with minimum 4 years
imprisonment or 100,000 florins fine, which can increase to 15
years imprisonment in cases of death under Article 203a (new) of
the Penal Code. Human trafficking is a crime and punishable with
minimum 6 years imprisonment or 100,000 florins fine, which can
increase to 15 years imprisonment in cases of death, under
Article 286a (new) of the Penal Code.

Money laundering is a crime and punishable with minimum 4 years
imprisonment or 100,000 florins fine, under Article 430a (new)
of the Penal Code. It is unclear when the approved laws will go
into effect.

The Aruba Parliament approved a proposed amendment to the Aruba
Penal Code (APC) and other existing laws to comply with
international treaties, which amendments entered into force in
May, 2006 (AB 2006, no. 11). The amendments are based on various
UN protocols: the optional protocol tot the Convention on the
Rights of the Child on the sale of children, child prostitution,
and child pornography, the Convention against Transnational
Organized Crime; the Protocol to Prevent, Suppress, and Punish
Trafficking in Persons, especially Women and Children,
supplementing the Convention against Transnational Organized
Crime; and the Protocol against the Smuggling of Migrants by
Land, Sea and Air, supplementing the Convention against
Transnational Organized Crime. These amendments made human
smuggling a criminal offense, and further amplified the scope of
the article about human trafficking (i.e. incorporating forced
labor and organ removal).

The above- mentioned Conventions and Protocols entered into
force for Aruba in 2006 and 2007.

The smuggling of migrants is a crime and punishable with maximum
4 years imprisonment or 100,000 florins fine, which can increase
to 6 years imprisonment if the crime is committed while in
office or exercising any profession, to 8 years imprisonment if
the crime is committed as a profession or a custom or if it is
committed jointly by two or more persons, to 12 years
imprisonment if the crime results in serious physical injury or
if the life of another person is feared or 15 years imprisonment
in cases of death under Article 203a (new) of the Aruban Penal
Code. Human trafficking is a crime and punishable with maximum 6
years imprisonment or 100,000 florins fine, which can increase
to 8 years imprisonment if the crime is committed by two or more
associated persons or the victim has not yet reached the age of
sixteen, to 10 years imprisonment if the crime is committed by
two or more associated persons and the victim has not yet
reached the age of sixteen, to 12 years imprisonment if the
crime results in serious physical injury or if the life of
another person is feared, or to 15 years imprisonment in cases
of death, under Article 286a (new) APC.

Money laundering is a crime and punishable with maximum 6 years
imprisonment or 100,000 florins fine, under Article 430a (new)
APC. This new article entered into force in May 2006. Before
money laundering was punishable under the "Landsverordening
strafbaarstelling witwassen" (Anti-Money laundering Act),which
entered into force in December 1993.

-- A. Punishment of Sex Trafficking Offenses: What are the
prescribed and imposed penalties for trafficking people for
sexual exploitation?

Article 2.17a of the Netherlands Antilles Penal Code makes human
trafficking a felony with a maximum prison sentence of nine
years or a fine in the fifth category.

Aruba approved an amendment of the Aruba Criminal Code, based on
various international protocols including human trafficking and
human smuggling. Article 203a of the Aruba Criminal Code makes
human smuggling a felony and punishable with a maximum of four
years prison and a maximum fine of USD 56,000. Article 286a of
the same Code makes human trafficking a felony with a maximum of
six years prison or a fine of USD 56,000.

-- B. Punishment of Labor Trafficking Offenses: What are the
prescribed and imposed penalties for trafficking for labor
exploitation, such as forced or bonded labor? If your country is
a source country for labor migrants, do the government's laws
provide for criminal punishment -- i.e. jail time -- for labor
recruiters who engage in recruitment of workers using knowingly
fraudulent or deceptive offers with the purpose of subjecting
workers to trafficking in the destination country? If your
country is a destination for labor migrants, are there laws
punishing employers or labor agents who confiscate workers'
passports or travel documents for the purpose of trafficking,
switch contracts without the worker's consent as a means to keep
the worker in a state of service, or withhold payment of
salaries as means of keeping the worker in a state of service?

On 27 April 1953, the Netherlands Antilles declared the ILO
Treaty 29 (ban on forced or compulsory labor, 1930)
co-applicable. The ILO treaties do not have immediate effect,
however, the European Social Charter (enforced for the
Netherlands Antilles on May 22, 1980) does. Article 1, clause 2
of the ESC also comprises a ban on compulsory labor.
Jurisprudence of the European Commission for the Social Rights
concerning this matter is geared towards merchant ships and
aviation.
ILO Conventions 29 and 105 and the European Social Charter,
article 1 paragraph 2, are also applicable to Aruba.

With regard to penal law reference is made to article 297 NAPC.
There are no special provisions for recruiters but since they
would be collaborating with a criminal act they are punishable
too.

Netherlands Antilles law does not have special provisions on the
issues mentioned in the second paragraph. There is a provision
in the NAPC, however that punishes persons who withhold travel
documents of others and who do not make these documents
available to the local authorities when requested to do so.
There is no information whether this provision is actually
enforced or if persons have been convicted based on these
provisions but the Minister of Justice in 2007 gave special
instructions to immigration authorities not to withhold travel
documents provided they are genuine.

In Aruba the applicable provision regarding labor trafficking
offenses is article 286 APC and more specifically paragraph 1,
under f and paragraph 2. Until now there haven't been any
criminal cases in Aruba as regards violation of article 286 APC,
neither have there been any complaints submitted in this regard.
Labor trafficking is also punishable with maximum 6 years
imprisonment or 100,000 florins fine. There are additional
penalties for other aggravating circumstances (see paragraphs
3-6 of article 286 APC).

-- C. What are the prescribed penalties for rape or forcible
sexual assault? (NOTE: This is necessary to evaluate a foreign
government's compliance with TVPA Minimum Standard 2, which
reads: "For the knowing commission of any act of sex trafficking
. . . the government of the country should prescribe punishment
commensurate with that for grave crimes, such as forcible sexual
assault (rape)." END NOTE)

In the Netherlands Antilles, the maximum penalty for rape is 12
years while the maximum penalty for forcible sexual assault is
eight years. Rape and sexual assault are considered serious
crimes. In December 2003 Parliament passed a new law authorizing
teachers to report suspected sexual abuse of children 12-16
years of age. Teachers now join parents and guardians in
monitoring treatment of children. There is no record of a
prosecution of a case of sex or debt-bondage trafficking. In
Aruba, the maximum penalty for rape is also 12 years and the
maximum penalty for forcible sexual assault is subject to eight
years imprisonment. There is no record of any prosecution of a
case of sex or debt-bondage trafficking, neither have there been
any complaints submitted in this regard. In both jurisdictions,
there are additional penalties for other aggravating
circumstances, for example, assault of an incapacitated person.

-- D. Law Enforcement Statistics: Did the government prosecute
any cases against human trafficking offenders during the
reporting period? If so, provide numbers of investigations,
prosecutions, convictions, and sentences imposed, including
details on plea bargains and fines, if relevant and available.
Please note the number of convicted traffickers who received
suspended sentences and the number who received only a fine as
punishment. Please indicate which laws were used to investigate,
prosecute, convict, and sentence traffickers. Also, if possible,
please disaggregate numbers of cases by type of TIP (labor vs.
commercial sexual exploitation) and victims (children under 18
years of age vs. adults). If in a labor source country, did the
government criminally prosecute labor recruiters who recruit
workers using knowingly fraudulent or deceptive offers or by
imposing fees or commissions for the purpose of subjecting the
worker to debt bondage? Did the government in a labor
destination country criminally prosecute employers or labor
agents who confiscate workers' passports/travel documents for
the purpose of trafficking, switch contracts or terms of
employment without the worker's consent to keep workers in a
state of service, use physical or sexual abuse or the threat of
such abuse to keep workers in a state of service, or withhold
payment of salaries as a means to keep workers in a state of
service? What were the actual punishments imposed on persons
convicted of these offenses? Are the traffickers serving the
time sentenced? If not, why not?

In St. Maarten, the local Chief of Police and another
high-ranking police officer were detained on February 5, 2008 on
charges of immigration violations. The case is still ongoing. In
the same month, a businessman of Indian origins was briefly
detained on charges of keeping a household servant locked in
their house. The servant did not have an employment permit and
was paid below the legally required minimum wage standards. In
June the businessman was convicted to paying the servant's
outstanding wages. In May, a brothel owner was convicted to 36
months prison for having held three women who worked in the
brothel against their will, of human smuggling and ill-treatment.

There were no cases of prosecution for human trafficking in
Aruba during 2008.

-- E. Does the government provide any specialized training for
government officials in how to recognize, investigate, and
prosecute instances of trafficking? Specify whether NGOs,
international organizations, and/or the USG provide specialized
training for host government officials.

The government of the Netherlands Antilles has hosted several
workshops for those sectors in government involved with the
issue. In January 2008, representatives of the U.S. Bureau of
Immigration and Customs Enforcement have also hosted a anti-TIP
seminar which was attended by a large number of law enforcement
officers from various branches. Representatives of the Public
Prosecutor's Office and police officers have attended IOM
workshops and local officials agree that there should be more
emphasis on trafficking and smuggling awareness among police
officers. Because of the small population, limited resources and
small police departments, there are no specially-trained units
dedicated solely to these issues.

Aruba is still in the beginning phases of its anti-TIP efforts.
An interdepartmental and interdisciplinary working group against
the trafficking and smuggling of persons was established in
early 2007, which is working on a plan for counter trafficking
and smuggling activities. One of the proposals the working group
is to provide training to the relevant departments and to
increase awareness.

Representatives of the Aruban government have attended IOM/UNHCR
Joint Regional Seminars in the past.

--F. Does the government cooperate with other governments in the
investigation and prosecution of trafficking cases? If possible,
provide the number of cooperative international investigations
on trafficking during the reporting period.

We know of no active investigations being pursued in either
jurisdiction or requests for cooperation in either
investigations or extraditions from other jurisdictions on the
anti-trafficking issue.

The Netherlands Antilles have a cooperation agreement with
Suriname. A formal framework for cooperation among the Kingdom
partners still needs to be established.

Cooperation with the International Organization for Migration
exists as well as formal contacts with the Human Trafficking
Coordination Center COMENSHA ("Covrdinatiecentrum
Mensenhandel"),formerly called the Dutch Foundation Against
Trafficking of Women ("Stichting Tegen Vrouwenhandel") which
deals with victims in the Netherlands and a position has been
created for a specialized lawyer who represents victims of
trafficking in the Netherlands.

-- G. Does the government extradite persons who are charged with
trafficking in other countries? If so, please provide the number
of traffickers extradited during the reporting period, and the
number of trafficking extraditions pending. In particular,
please report on any pending or concluded extraditions of
trafficking offenders to the United States.

No evidence available - not applicable.

-- H. Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional level? If
so, please explain in detail.

In St. Maarten, the local Chief of Police and another
high-ranking police officer were detained on February 5, 2008 on
charges of immigration violations, but not specifically human
trafficking. The case is still ongoing.

As yet no human trafficking cases have been brought to trial in
Aruba.

-- I. If government officials are involved in trafficking, what
steps has the government taken to end such participation? Please
indicate the number of government officials investigated and
prosecuted for involvement in trafficking or trafficking-related
corruption during the reporting period. Have any been convicted?
What sentence(s) was imposed? Please specify if officials
received suspended sentences, or were given
a fine, fired, or reassigned to another position within the
government as punishment. Please indicate the number of
convicted officials that received suspended sentences or
received only a fine as punishment.

In St. Maarten, the local Chief of Police and another
high-ranking police officer were detained on February 5, 2008 on
charges of immigration violations, but not specifically human
trafficking. The case is still ongoing.

As yet no human trafficking cases have been brought to trial in
Aruba.

-- J. 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? Note that in countries with federalist systems,
prostitution laws may be under state or local jurisdiction and
may differ among jurisdictions.

In the Netherlands Antilles prostitution is condoned in only one
brothel in Curagao which receives regular medical inspections
from the Department of Health. Elsewhere prostitution and
brothel activities are criminalized in the Netherlands Antilles,
although often a blind eye is turned towards them.

In Aruba, prostitution in itself is not a criminal offense.
However, the General Police Act (Algemene Politieverordening)
contains the following provision (article 49) for the protection
of public order and morals:

"Women who are standing or sitting on the public highway or
moving back and forth along it and attract the attention of
passers-by by any pose, act, or display, and women who are found
sitting on pavements or steps between 9 p.m. and dawn shall, if
ordered by the police from doing so or to move on, immediately
comply with such an order."

This article enables the police to act against women who offer
their sexual services on public streets.

Although prostitution itself is not criminalized, intentionally
causing or encouraging prostitution is a criminal offense under
article 259 APC (AB 2003, no. 47). This article provides that an
offender is liable to a prison sentence not exceeding one year
or a fine not exceeding one thousand florins. No one was
convicted of this offence in the period under review.

The women concerned may only work in a number of approved
premises (bars) in the town of San Nicolas. The employer must
posses a permit allowing him to bring over and employ a limited
number of women as prostitutes. The women working at these bars
receive a temporary work permit of 3 months and are subject to
regular medical examinations and counseling by the Department of
Health. The work permits refer to the women as "bartenders" or
"hostesses" ("animeerdames"). Since 2007 only Colombian women
were granted such work permits.

-- K. For countries that contribute troops to international
peacekeeping efforts, please indicate whether the government
vigorously investigated, prosecuted, convicted and sentenced
nationals of the country deployed abroad as part of a
peacekeeping or other similar mission who engaged in or
facilitated severe forms of trafficking or who exploited victims
of such trafficking.

The Netherlands Antilles and Aruba do not have nationals
deployed abroad as part of peacekeeping or other missions.

-- L. If the country has an identified problem of child sex
tourists coming to the country, what are the countries of origin
for sex tourists? How many foreign pedophiles did the government
prosecute or deport/extradite to their country of origin? If
your host country's nationals are perpetrators of child sex
tourism, do the country's child sexual abuse laws have
extraterritorial coverage (similar to the U.S. PROTECT Act) to
allow the prosecution of suspected sex tourists for crimes
committed abroad? If so, how many of the country's nationals
were prosecuted and/or convicted during the reporting period
under the extraterritorial provision(s) for traveling to other
countries to engage in child sex tourism?

The Netherlands Antilles and Aruba are not known as child sex
tourism sources or destinations. To date, no foreign pedophiles
have been prosecuted or deported/ extradited.


5. (U) PROTECTION AND ASSISTANCE TO VICTIMS:

-- A. What kind of protection is the government able under
existing law to provide for victims and witnesses? Does it
provide these protections in practice?

Under the legal system, witnesses would be able to provide
anonymous testimony in certain limited cases, which is a form of
protection. Or, the victims may be allowed to give testimony or
statements from abroad, i.e. from their home countries or
another safe location. On a case-by-case basis, discretionary
safe haven can be provided.

-- B. Does the country have victim care facilities (shelters or
drop-in centers) which are accessible to trafficking victims? Do
foreign victims have the same access to care as domestic
trafficking victims? Where are child victims placed (e.g., in
shelters, foster care, or juvenile justice detention centers)?
Does the country have specialized care for adults in addition to
children? Does the country have specialized care for male victims
as well as female? Does the country have specialized facilities
dedicated to helping victims of trafficking? Are these
facilities operated by the government or by NGOs? What is the
funding source of these facilities? Please estimate the amount
the government spent (in U.S. dollar equivalent) on these
specialized facilities dedicated to helping trafficking victims
during the reporting period.

Victims receive some assistance through a combination of
government agencies and NGOs in the Netherlands Antilles, among
others the Bureau for Aid to Victims in Curacao and the Women's
Desk in St. Maarten. If the assisting organization learns about
a victim of trafficking, it will attempt to assist this person
and provide the pertinent information to the Netherlands
Antilles TIP Commission. The assisting organizations will
provide guidance, if necessary in cooperation with a consular
representative of the victim's country of origin or with the
Directorate of Foreign Relations, for the victim's voluntary
return to his country of origin. In 2007, the Netherlands
Antilles TIP Commission was established. It consists of
representatives of the Ministry of Justice, the Police
Department, NGOs, the Health Department, the Council of
Churches, and the Foundation for Child Protection.

There are no specific victim health care facilities in the
Netherlands Antilles but health care providers employed by the
government are used when their specific expertise is needed.

-- C. Does the government provide trafficking victims with
access to legal, medical and psychological services? If so,
please specify the kind of assistance provided. Does the
government provide funding or other forms of support to foreign
or domestic NGOs and/or international organizations for
providing these services to trafficking victims? Please explain
and provide any funding amounts in U.S. dollar equivalent. If
assistance provided was in-kind, please specify exact
assistance. Please specify if funding for assistance comes from
a federal budget or from regional or local governments.

Some NGOs receive government subsidies in general to fulfill
their tasks. The working group and the TIP Commission receive
assistance of those government agencies that in general provide
assistance to victims of other crimes, such as for example
battered women.

-- D. Does the government assist foreign trafficking victims,
for example, by providing temporary to permanent residency
status, or other relief from deportation? If so, please explain.

Victims receive some assistance through a combination of
government agencies and NGOs in the Netherlands Antilles, among
others the Bureau for Aid to Victims in Curacao and the Women's
Desk in St. Maarten. The assisting organizations will provide
guidance, if necessary in cooperation with a consular
representative of the victim's country of origin or with the
Directorate of Foreign Relations, for the victim's voluntary
return to his country of origin.

-- E. Does the government provide longer-term shelter or housing
benefits to victims or other resources to aid the victims in
rebuilding their lives?

Victims receive some assistance through a combination of
government agencies and NGOs in the Netherlands Antilles, among
others the Bureau for Aid to Victims in Curacao and the Women's
Desk in St. Maarten. The assisting organizations will provide
guidance but there are no long-term shelter or housing benefits.

-- F. Does the government have a referral process to transfer
victims detained, arrested or placed in protective custody by
law enforcement authorities to institutions that provide short-
or long-term care (either government or NGO-run)?

With regard to a victim's legal protection in the Netherlands
Antilles, the island governors are the local heads of the police
departments. They have the authority to issue temporary
residency status for humanitarian considerations and, depending
on the victim's mental condition, an exemption of the possession
of a work permit applies (article 3 under c of the National
Ordinance Aliens Labor, Publication 2001, no. 82). The Public
Prosecutor's Office and the Netherlands Antilles Police
Department give consideration to the extent to which criminal
acts committed during the phase of misuse/victim of trafficking
in persons can be dismissed.

-- G. What is the total number of trafficking victims identified
during the reporting period? Of these, how many victims were
referred to care facilities for assistance by law enforcement
authorities during the reporting period? By social services
officials? What is the number of victims assisted by
government-funded assistance programs and those not funded by
the government during the reporting period?

There are no numbers with regard to trafficking victims.

-- H. Do the government's law enforcement, immigration, and
social services personnel have a formal system of proactively
identifying victims of trafficking among high-risk persons with
whom they come in contact (e.g., foreign persons arrested for
prostitution or immigration violations)? For countries with
legalized prostitution, does the government have a mechanism for
screening for trafficking victims among persons involved in the
legal/regulated commercial sex trade?

Reports of trafficking victims originate almost always from the
victims themselves. In such cases, social services personnel as
well as NGOs will investigate these cases and their
circumstances. In the Netherlands Antilles prostitution is
condoned in only one brothel in Curagao; post in not aware of
any mechanisms for screening for trafficking victims.

-- I. Are the rights of victims respected? Are trafficking
victims detained or jailed? If so, for how long? Are victims
fined? Are victims prosecuted for violations of other laws, such
as those governing immigration or prostitution?

The social climate and Dutch-based legal cultures here would
work to prevent victims from being treated as criminals. We know
of no case in which a victim of actual trafficking has been
detained, jailed, or deported, although deportation is common in
illegal immigration and employment round-ups. Illegal immigrants
and those found without work permits, including U.S. citizens,
are often detained until there is space on a flight to their
point of origin. Illegal migrants often come to the attention of
authorities through violations of other laws such as narcotics
smuggling. Although authorities are working to increase the
sensitivity of police officers to the difference between illegal
immigrants and possible victims of trafficking, honoring the
distinction is a work in progress.

-- J. Does the government encourage victims to assist in the
investigation and prosecution of trafficking? How many victims
assisted in the investigation and prosecution of traffickers
during the reporting period? May victims file civil suits or
seek legal action against traffickers? Does anyone impede victim
access to such legal redress? If a victim is a material witness
in a court case against a former employer, is the victim
permitted to obtain other employment or to leave the country
pending trial proceedings? Are there means by which a victim may
obtain restitution?

Victims are encouraged to come forward, but government officials
acknowledge that because most victims of trafficking are present
in the respective countries illegally, they are reluctant to
make complaints. Victims are permitted to leave the country.

-- K. Does the government provide any specialized training for
government officials in identifying trafficking victims and in
the provision of assistance to trafficked victims, including the
special needs of trafficked children? Does the government
provide training on protections and assistance to its embassies
and consulates in foreign countries that are destination or
transit countries? What is the number of trafficking victims
assisted by the host country's embassies or consulates abroad
during the reporting period? Please explain the type of
assistance provided (travel documents, referrals to assistance,
payment for transportation home).

The Netherlands Antilles government has provided training to
individual prosecutors and members of the islands' police
departments, but awareness is still in the early stages and
there is no systematic training program in place. As both the
Netherlands Antilles and Aruba are represented abroad by
Embassies and Consulates of the Kingdom of the Netherlands, we
defer to the Kingdom Embassies regarding the training provided
to Dutch diplomats in identifying the problem abroad.

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

We know of no cases in which nationals of either jurisdiction
have been victims of trafficking who have been repatriated.

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

Close cooperation exists with the International Organization for
Migration with the Netherlands Antilles in terms of training,
but this organization does not work directly with trafficking
victims in the Netherlands Antilles and Aruba. Services are
provided by a combination of government agencies and NGOs.

Aruba is still in the beginning phases of its anti-TIP efforts.
The interdepartmental and interdisciplinary working group
against the trafficking and smuggling of persons is working on a
plan for counter trafficking and smuggling activities, and will
also look into these issues. Direct assistance to trafficking
victims will probably have to be provided by a combination of
government departments and relevant NGOs.


6. (U) PREVENTION:

-- A. Did the government conduct anti-trafficking information or
education campaigns during the reporting period? If so, briefly
describe the campaign(s),including their objectives and
effectiveness. Please provide the number of people reached by
such awareness efforts, if available. Do these campaigns target
potential trafficking victims and/or the demand for trafficking
(e.g. "clients" of prostitutes or beneficiaries of forced
labor)? (Note: This can be an especially noteworthy effort where
prostitution is legal. End Note.)

Netherlands Antilles Minister of Justice David Dick continued to
be firmly committed to combat human smuggling throughout the
Netherlands Antilles. In 2008, his office continued a publicity
campaign started in 2007, aimed at prevention to deal with the
issue. The International Organization on Migration (IOM),
through its work worldwide with migrants, noticed that human
smuggling is an issue in the Netherlands Antilles and came to
the same conclusion in its investigation "Exploratory assessment
of trafficking in persons in the Caribbean region" of June 2005.

The Dutch Ministry of Justice made funds available for the
Netherlands Antilles to participate in the IOM's publicity
campaign. Throughout the year, counter-trafficking working
groups have been distributing counter-trafficking posters and
brochures provided by IOM as part of a regional information
campaign to raise public awareness. Within Curagao and St.
Maarten, specifically, the posters and brochures are being
distributed in Dutch, English, Papiamento, and Spanish. The
working group established in 2007 continued to provide
information on human smuggling and human trafficking throughout
all media channels.

Aruba is still in the beginning phases of its anti-TIP efforts.
An interdepartmental and interdisciplinary working group against
the trafficking and smuggling of persons was established in
early 2007, and continues to work on a plan for
counter-trafficking and smuggling activities, including
anti-trafficking information or education campaigns.

-- B. Does the government monitor immigration and emigration
patterns for evidence of trafficking?

The Antillean and Aruban Governments admit to an immigration
problem and clearly have difficulty policing the borders, but do
not conclude that this problem extends to sex trafficking or
debt bondage. Neither government is in total control of its
borders, given complaints about illegal migration and narcotics
smuggling, but improvements continue. It is difficult to guard
the perimeter of the five islands of the Netherlands Antilles
and the island of Aruba. Curagao alone has more than thirty
secluded beaches with gentle, warm Caribbean waters, allowing
undocumented aliens to swim ashore if they chose. St. Maarten,
located 550 miles from Curagao and much closer to Puerto Rico
and the U.S. Virgin Islands, is particularly attractive to
US-bound migrants. Together, the six islands equal an extensive
coastline and local authorities do not have sufficient equipment
or manpower to prevent illegal entry. A new radar system with
sophisticated software to detect smuggling has been set up and
is operational for Curagao, Bonaire, and Aruba and is operated
by the Coast Guard of the Netherlands and Aruba (and the IASA in
Aruba). The Netherlands Antilles and Aruba have set up
inter-agency task forces to coordinate comprehensive post-9/11
security reforms, some of which will improve the monitoring of
migrants and borders.

As a matter of policy, the Netherlands Antilles continues to use
the visa process to impose increased control, limits and
requirements oQertain employment categories subject to abuse.
For example, 'dancers' are no longer considered to be in short
supply and pre-certified, but are now required to present labor
permits, requiring contractual, insurance and salary
commitments, at the pre-arrival visa interview. Increasing
resources are being dedicated to alien smuggling that may
develop leads in the future.

Aruba is reportedly assessing the difference between regular and
irregular migration patterns and the implications of both. Some
measures for managing migration are currently underway,
including legislative changes, an anti-corruption initiative and
a strategic assessment of its system.

-- C. Is there a mechanism for coordination and communication
between various agencies, internal, international, and
multilateral on trafficking-related matters, such as a
multi-agency working group or a task force?

In the Netherlands Antilles, the Working Group on the
Trafficking of Women, consisting of representatives from the
Directorate of Foreign Relations, Public Prosecutor's Office
(PPO),Cabinet of the Island Governor, Police Department
(including Immigration),Bureau for Victim Support, and the NGO
Contrasida (AIDS awareness),coordinates trafficking-related
matters. The Working Group, which developed out of the Antilles
participation in the December 2003 Conference of Mixed Migratory
Flows in the Caribbean Region, discovered that TIP awareness and
victim outreach is best executed in conjunction with the NGO
Contrasida's regular outreach to brothels regarding anti-AIDS
education. One problem identified and being addressed, with
support from the PPO, is to provide temporary protected legal
status to those prostitutes who might wish to pursue a charge of
abuse against their employers. The Bureau for Victim Support
("Slachtoffer-Hulp") provides assistance to victims of all
criminal acts and is developing a TIP-specific policy.

In Sint Maarten, the PPO resurrected a dormant law that
encourages female victims of abuse to recover damages (physical
or meQl) from perpetrators and opened a Bureau of Victim's
Aid. A Judge can order a defendant to deposit funds in a bank
account establisQ for the victim. Brochures are available at
medical clinics, drug stores and other shops, NGOs and police
stations. On a case-by-case basis, the authorities are prepared
to provide safe-haven to established victims of TIP. St. Maarten
has an active domestic/sexual violence center that offers
shelter, treatment, judicial assistance and a 24/7 call center.
There is an active NGO and grass-roots community structure in
the Dutch St. Maarten, but such has not identified the need for
a dedicated anti-TIP campaign. Domestic violence is by far the
more immediate issue.

By the end of 2006, formal interagency working groups wQ
operating in Bonaire, Curagao, Saba, St. Eustatius, and St.
Maarten. In addition to conducting awareness-raising activities,
these groups are comprised of key stakeholders from government
agencies, NGOs, and law enforcement agencies and are essential
to creating a well-balanced victim assistance network and are
the point of first contact in the referral system. The working
groups in Curagao and St. Maarten received resources through IOM
small grants in 2006 to support year-long strategies for
building victim assistance networks and outreach.

Aruba is still in the beginning phases of its anti-TIP efforts.
An interdepartmental and interdisciplinary working group against
the trafficking and smuggling of persons has been established,
which is working on a plan for counter traffickingQnd smuggling
activities.

-- D. Does the government have a national plan of action to
address trafficking in persons? If the plan was developed during
the reporting period, which agencies were involved in developing
it? Were NGOs consulted in the process? What steps has the
government taken to implement the action plan?

There was no national plan of action in 2008, but in January
2009 a Memorandum of Understanding was signed by the Justice
Ministers of the Netherlands and Netherlands Antilles on "Human
Trafficking, Human Smuggling and Illegal Immigration in the
Netherlands, Netherlands Antilles and Aruba." The Justice
Minister of Aruba still has to sign this MOU.

-- E: What measures has the government taken during the
reporting period to reduce the demand for commercial sex acts?
(see ref B, para. 9(3) for examples)

No data available - not applicable.

-- F. Required of all Posts: What measures has the government
taken during the reporting period to reduce the participation in
international child sex tourism by nationals of the country?

Not applicable.


DUNN