LUXEMBOURG'S 9TH ANNUAL TRAFFICKING IN PERSONS

UNCLAS SECTION 01 OF 05 LUXEMBOURG 000052

SENSITIVE
SIPDIS

DEPT FOR G/TIP, G-ACBLANK, INL, DRL, PRM, EUR/PGI

E.O. 12958: N/A
TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB
LU
SUBJECT: LUXEMBOURG'S 9TH ANNUAL TRAFFICKING IN PERSONS
SUBMISSION

REF: 08 STATE 132759


1. (U) Post hereby submits the ninth annual Trafficking in
Persons Report for Luxembourg.


2. (U) Post point of contact for the TIP report is Adam
Center, phone: 352 46-01-23.x2227; fax: 352 22-64-57. Post
spent approximately 30 hours compiling this report: FSO
FO-03: 15 hours; FSN-10: 15 hours; A/DCM FO-03: 1 hour.


3. (SBU) The content below is keyed to reftel questions.

THE COUNTRY'S TIP SITUATION


A. Sources for this report include the head of the
Luxembourg Vice Squad, members of the special criminal
investigation unit specializing in TIP investigations,
Amnesty International, representatives from the Ministry for
Promotion of Women, the Ministry of Justice, the public
prosecutor's office, the Red Cross Drop-In Center, and ASTI -
an NGO that provides shelter to women in distress.

The government fully monitors its anti-trafficking efforts
and periodically makes available its assessments of these
efforts.

Numbers and sources are deemed by Post to be reliable and
accurate. Post believes Luxembourg interlocutors have no
reason or desire to hide trafficking. Contacts appear eager
to identify and actively address the issue.


B. Luxembourg is a country of destination for
internationally trafficked women. During the reporting
period, the government identified ten trafficking victims:
nine from Ukraine and one from Russia, all of which were
women. Because of Luxembourg's small size, combined with its
rigorously controlled legal prostitution sector and police
who are well-educated on the trafficking issue, Post does not
believe the scope of the problem in Luxembourg greatly
exceeds the documented cases.


C. Trafficking victims are mostly recruited abroad through
agents who arrange for their travel and promise lucrative
jobs in Luxembourg cabarets. In most cases, the women are
escorted to their destinations, and their agents remain in
Luxembourg or in one of the neighboring countries (Belgium,
Germany, or France). When the police detain traffickers, the
alleged trafficking victims generally refuse to cooperate
with the police and claim that the traffickers are
acquaintances or boyfriends.

An increasing number of women from Africa, primarily Nigeria,
are engaged in prostitution in Luxembourg. They generally
come to Luxembourg from Spain or Italy where they have
obtained temporary residence permits. Nigerian women
generally do not cooperate with the police. Often, they have
borrowed exorbitant amounts of money to finance their trips
to Luxembourg and find themselves obligated to agents.


D. Given the small volume of trafficking victims in
Luxembourg, identifying a vulnerability trend is difficult.
All of the victims in Luxembourg come from Eastern Europe,
but it's a far stretch to say Eastern European women are
particularly vulnerable to trafficking.


E. Arrested traffickers in Luxembourg have included
Italians, Romanians, and French. Most were individuals
involved in both human and drug trafficking. They recruited
victims abroad directly or through agents and generally
provided both travel arrangements the and promise of
lucrative jobs in Luxembourg cabarets. There is no evidence
of systemic abuses of human trafficking within Luxembourg
employment, travel, or tourism agencies.

SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS


A. The government improved its counter-trafficking
legislation by adopting two laws during the reporting period.
A new immigration law contains a chapter on trafficking in
human beings, which provides a "reflection and recovery
period" for trafficking victims with an option to obtain

LUXEMBOURG 00000052 002 OF 005


temporary residence status.

In February 2009, Parliament adopted the long-awaited law on
trafficking in human beings which implements: i) The Protocol
to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children - supplementing the Convention
against Transnational Organized Crime (the Palermo Protocol),
defining the crime of trafficking in human beings, and
broadening the definition of trafficking from the
exploitation of prostitution to include other forms of sexual
exploitation such as forced labor, slavery and domestic
servitude or the removal of organs (for children, the
definition would extend to forced prostitution, illicit
international adoption, recruitment as child soldiers, and
beggary); ii) the Council of Europe Convention on Action
against Trafficking in Human Beings, adopted by the Council
of Europe in May 2005; and iii) the EU Council Framework
decision of July 2002 on combating trafficking in human
beings.

The new law clearly differentiates human trafficking from
people smuggling or illegal immigration, and prescribes
higher sanctions for traffickers. The new law provides fines
of 50,000 to 100,000 Euros (vice 500 to 125,000 Euros in old
legislation) and prison terms of five to ten years (vice six
months to three years).

The previous legislation incriminated trafficking in human
beings for sexual exploitation of adults or children, but did
not offer a comprehensive and workable definition of the
phenomenon and also omitted certain forms of exploitation,
such as forced labor. The new legislation addresses these
deficiencies.


B. The Luxembourg Vice Squad, a new Criminal Police Unit
specialized in trafficking in persons investigations, the
Ministry for Equal Opportunity, the Ministry of Foreign
Affairs and Immigration, the Ministry of Justice, the
Ministry of Employment, the city of Luxembourg, the General
Prosecutor's Office, and the Tribunal d'Arrondissement are
all involved in anti-trafficking efforts.

The Air Border Security Service (part of Immigration) would
become involved should there be a suspicion that trafficking
was occurring through Luxembourg's sole commercial airport.

The Ministry of Justice has the lead in anti-trafficking
efforts.


C. The government is fully capable of addressing the
trafficking situation in Luxembourg. Corruption is not a
problem and resources are not lacking.


D. The government fully monitors its anti-trafficking
efforts and periodically makes available its assessments of
these efforts.

INVESTIGATION AND PROSECUTION OF TRAFFICKERS


A. See answer A. to previous section for detailed
description of new legislation. The previous legislation
governing trafficking in human beings is contained in
Luxembourg Penal Code Article 379. The law provided
penalties for sexual exploitation as well as for facilitating
an alien's illegal entry and residence through direct or
indirect assistance. Luxembourg's anti-organized crime
statutes historically also applied in some trafficking in
persons cases.

The new legislation described in answer A above was adopted
on 11 February 2009 and amended Luxembourg's Penal Code as
described. This legislation covers both internal and
transnational forms of trafficking.


B. Please see Answer A in section "SETTING THE SCENE..."


C. Please see Answer A in section "SETTING THE SCENE..."


D. Any act of sexual penetration through force is considered
rape and punishable with five to ten years imprisonment. If
the victim is under fourteen years of age, then any act of

LUXEMBOURG 00000052 003 OF 005


sexual penetration is considered rape and punishable with
imprisonment of ten to fifteen years. If the rape leads to a
victim's death, the punishment is fifteen to twenty years
imprisonment. Murder committed in order to facilitate the
rape or ensure its impunity is punishable with lifetime
imprisonment. According to Luxembourg Penal Code Article
372, any assault on decency committed with force or threat
carries penalties ranging from six months to five years.


E. There were several cases during the reporting period that
resulted in convictions, fines and prison sentences.

In April, an Italian and a Romanian pimp were charged with
procuring prostitution and human trafficking and each were
sentenced to three years' imprisonment and ordered to pay a
four thousand euro fine.

Also in April, an Italian and a French pimp arrested in 2004
and charged with procuring prostitution and human trafficking
were sentenced, respectively, to three months' imprisonment
and a five thousand euro fine, and to three months'
imprisonment and a three thousand euro fine.

In May, two Italian pimps arrested in 2006 and charged with
procuring prostitution and human trafficking were both
sentenced to two years' imprisonment and ordered to pay a
five thousand euro fine.

In June, an Italian pimp charged with procuring prostitution
and human trafficking was sentenced to thirty months in jail
and a three thousand euro fine.

In each of these cases, Luxembourg Penal Code Article 379 was
implemented.

Each of these cases involved commercial sexual exploitation
and all victims were women over the age of eighteen.


F. In 2008, the Ministry for Equal Opportunity conducted, in
cooperation with Ministry of Justice and the Luxembourg
police, a specialized counter-trafficking training course for
NGO workers and law enforcement officials. This working
group also met on various occasions throughout the reporting
period to discuss the draft law on assistance and protection
to trafficking victims (this law has not yet been adopted),
and the new immigration and trafficking legislation.

In December 2008, the Ministry for Equal Opportunity
participated in a seminar organized by the NGO Women in
Distress entitled "Identification and Taking Care of
Trafficking in Persons Victims." During this seminar, the
Ministry of Equal Opportunity presented the draft legislation
on the assistance and protection of victims, expected to
become law in 2009.

The Ministry of Justice maintained a training program,
launched in 2006, aimed at educating police, immigration and
other relevant government officials, as well as NGO workers,
on how to properly identify trafficking victims.

The 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 behavior, and watch for travelers belonging
to particularly vulnerable groups.

Additionally, Post has nominated one member of the former
special criminal investigation unit specializing in
trafficking in persons to attend an International Visitor
program called "Combating Trafficking in Persons."


G. Until 2005, the Government of Luxembourg had an Office of
Police Coordination with the German, French, and Belgian
governments to coordinate on immigration- and
trafficking-related criminal activity. This office was
replaced, however, on 1 October 2005 by the European Union
Border Management Agency, which now coordinates efforts to
check crime, illegal immigration and related matters within
the European Union.


LUXEMBOURG 00000052 004 OF 005



H. Luxembourg's extradition laws date from 1972. There is
no law in Luxembourg that says Luxembourg nationals cannot be
extradited for trafficking. Luxembourg also participates in
the European Arrest Warrant program, under which no
extradition is required to move and prosecute criminals
within signatory members of the European Union.


I. There is no evidence of government involvement in or
tolerance of trafficking.


J. Not applicable to Luxembourg.


K. Prostitution is legal, but heavily restricted, in
Luxembourg. Any prostitution by an individual under age
eighteen is illegal. Activity as a brothel owner/operator,
client, pimp, or any other profiteer from
prostitution-related activity is illegal. The law is
effectively enforced.


L. There is no indication that any Luxembourg nationals
deployed abroad as part of a peacekeeping or other similar
mission engaged in or facilitated severe forms of trafficking
or who exploited victims of such trafficking.


M. Not applicable to Luxembourg.

PROTECTION AND ASSISTANCE OF VICTIMS


A. The immigration legislation adopted in August 2008
provides temporary residence status for trafficking victims.
A period of reflection and recovery of ninety days may be
granted to alleged trafficking victims. This period is
designed to help the victim recover and escape the influence
of the offenders, but also to obtain the full knowledge of
the facts before deciding whether to cooperate with the
competent authorities. The period is not conditional on the
victim's cooperation with the authorities handling the
investigation and prosecution. The alleged victim is
guaranteed that no deportation will occur during the period
of reflection.

In practice, law enforcement authorities provide protection
by establishing the first contact between the trafficking
victims and the assistance services, by informing trafficking
victims of their rights, and by providing them with temporary
protective shelter.


B. The government funds two domestic NGOs that provide
services for women in distress, including victims of
trafficking. The government contributed 114,500 euros to
these facilities during the reporting period. Foreign
victims have the same access to these services as domestic
victims. The Red Cross Drop-In Center provides free medical
care to victims of trafficking. There are two shelters for
adults with children. Child victims (in Luxembourg, there
are no reported trafficked children) are placed in a shelter
for juveniles.


C. Luxembourg does not have a Witness Protection Program.
The government has worked with neighboring governments on a
Witness Protection Program for two trafficking victims.


D. The Luxembourg Vice Squad and Ministry of Women's
Promotion work with Caritas, including its COATNET
representative, SOS Women in Distress, and the Comite de
Liaison et d'Action des Etranger (CLAE),to ensure that
trafficking victims are given shelter.

The period of reflection and recovery described above
provides for ninety days where there is a guarantee that the
victim will not face deportation, regardless of cooperation
with the investigation.


E. There is no government-provided long-term shelter or
housing benefits for victims of trafficking.


F. The police do work with NGOs to provide victims shelter,
food, and protection


G. During the reporting period, the government identified
ten trafficking in persons victims. All victims were

LUXEMBOURG 00000052 005 OF 005


referred to the care facilities for assistance.


H. The Ministry of Foreign Affairs' Immigration Asylum and
Refugee Office is very cognizant of the possibility of
trafficking when conducting interviews and investigations of
asylum seekers. Luxembourg's Air Border Security unit
employs 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.


I. The rights of victims are generally respected. There is
no evidence of victims being jailed or detained.


J. The government encourages victims to assist in the
investigation and prosecution of traffickers. In one case
during the reporting period, the victim filed legal action
against a trafficker who was charged with procuring
prostitution and human trafficking, and subsequently
sentenced to 30 months in jail and a fine of three thousand
euros.


K. See Answer F in section "INVESTIGATION..." There is no
indication that the Government of Luxembourg provides
specialized anti-trafficking training to its embassies or
consulates in countries that are destination or transit
countries.


L. Not applicable to Luxembourg.


M. See Answers B and D in this section.

PREVENTION


A. During the reporting period, the government launched a
public outreach campaign about trafficking in persons,
highlighted by advertisements at bus stops depicting a nude
girl under shrink wrap, as though she were for sale at a
grocery store meat or fish counter. This ad campaign stoked
considerable public discussion on the state of sexual
exploitation in Luxembourg, whether related to human
trafficking or to prostitution. The current debate about
whether to prosecute those soliciting the services of a
victim of human trafficking or prostitution reflects a
growing awareness on the part of the Luxembourg general
public that sexual exploitation, whether a result of
trafficking or not, is indeed a part of life in Luxembourg.
In April 2008, the Ministry of Equal Opportunity launched an
awareness campaign on prostitution based on street posters
bearing the slogan, "If you hire a prostitute, you are
financing human trafficking." The campaign was renewed in
November 2008.


B. The government does observe immigration and emigration
patterns for evidence of trafficking.


C. The Ministry of Justice trafficking in persons
coordinator serves as the principal point of contact and
coordinator for all counter-trafficking in persons efforts
with the Government of Luxembourg. There is excellent
cooperation among all the involved agencies.


D. A draft law on treatment of human beings was submitted to
Parliament in November 2007. This legislation would contain
a national "plan of action." Its passage is expected during
the 2009 legislative session.


E. Please see answer A, this section.


F. For 2008, the Government of Luxembourg allocated 100,000
euros for the promotion of children's rights and for raising
public awareness about sexual exploitation of children.
BOUGHTER