Identifier
Created
Classification
Origin
10BRUSSELS179
2010-02-12 16:27:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Brussels
Cable title:  

BELGIUM:2010 TIP REPORT

Tags:  PGOV PREL SOCI KTIP BE 
pdf how-to read a cable
VZCZCXYZ0002
RR RUEHWEB

DE RUEHBS #0179/01 0431627
ZNR UUUUU ZZH
R 121627Z FEB 10 ZDK
FM AMEMBASSY BRUSSELS
TO SECSTATE WASHDC 0019
UNCLAS BRUSSELS 000179 



SIPDIS
SENSITIVE


STATE PASS EUR/WE ROBERT MARCUS AND G/TIP JENNIFER DONNELY AND AMY
ROFMAN

E.O. 12958: N/A
TAGS: PGOV PREL SOCI KTIP BE
SUBJECT: BELGIUM:2010 TIP REPORT

UNCLAS BRUSSELS 000179



SIPDIS
SENSITIVE


STATE PASS EUR/WE ROBERT MARCUS AND G/TIP JENNIFER DONNELY AND AMY
ROFMAN

E.O. 12958: N/A
TAGS: PGOV PREL SOCI KTIP BE
SUBJECT: BELGIUM:2010 TIP REPORT


1. (U) This is the draft TIP report provided by U.S. Embassy
Brussels. The data included is old data, and the GOB predicts that
new data will be available to complete this report in April, 2010.



2. (SBU) BEGIN TEXT OF TIP REPORT, with numbering from instruction
cable.


25. (SBU) THE COUNTRY'S TIP SITUATION

-- A. Information ontf` persons is supplied bhe Justice Ministry, tortunity
and the CombatR),the shelters for
vicpo available through parliatments. These sources are@re reliable, and

annelgium is a deshp`r@p`r`Bims are often held in udges take the followQrat
ion when
renderiousing co
in economic exploitn of identity documents;Qence; and use of extortio
exploitation often trav their destination
c aliens by overstayinms of sexual exploitatries.

-- D. Belgium i.

-- E. Traffickers inQational crime syndicatesorganizations active nized cri
me. CriminaQrofessionally
organized. Ring leaders often operate from outside Belgium and make
use of middlemen. Most of these criminal organizations come from
Western Africa, Bulgaria, and Romania. Female victims are
increasingly well-paid by their traffickers to improve their
cooperation, often have worked in prostitution before arriving in
Belgium, usually hold legal documents, and frequently commute
between their home country and Belgium. Whereas traditional
prostitution is diminishing, massage parlors, commercial escort
services, and internet prostitution are gaining ground. The
non-traditional forms of prostitution and ambiguities in the law
make it increasingly difficult to establish the link between
trafficker and victim. Victims of economic exploitation are often
trafficked through employment agencies to which they are bound by
debt obligations, or claim to be self-employed to obtain legal
status in Belgium. Marriage brokers are also involved in
trafficking.



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

-- A. The Belgian authorities acknowledge that trafficking is a
problem and are committed to combating TIP.

-- B. The Council of Ministers sets Belgium's anti-trafficking
policy orientation, which is implemented through the
Interdepartmental Coordination Unit for the Combat against

Trafficking and Smuggling. The anti-TIP effort is a key part of the
government's 2008-2011 law enforcement program. The Coordination
Unit meets two or three times per year, and is chaired by the
Justice Minister. A secondary, technical level inter-agency group
meets monthly to carry out the Coordination Unit's directives. This
group includes representatives from the Criminal Policy Department
of the Justice Ministry, the Center for Equal Opportunities and the
Combat against Racism (CEOCR),the Immigration Office, the Federal
Police, the State Security Service, the Social Welfare Ministry, and
the Employment Ministry. Under the law, the Centre of Information
and Analysis on Trafficking and Smuggling of Human Beings
(CIATTEH-IAMM) is charged with gathering information about
trafficking, but it is hampered by Belgium's strict legal privacy
restrictions. Negotiations to make IAMM/CIATTEH operational
continued during the reporting period. Coordinating the activities
of labor and social law inspection services is in the hands of the
Social Information and Investigation Service (SIOD),a federal
information and detection service.
--


C. Neither funding nor corruption is considered impediments to
combating trafficking in Belgium.

-- D. Over the past several years Belgium has greatly improved its
data gathering regarding trafficking, with information supplied by
the Justice Ministry, the Federal Police, and the three specialized
trafficking shelters. The Center for Equal Opportunity and the
Combat against Racism (CEOCR) is tasked with issuing an annual
evaluation report on the government's anti-trafficking policy and
efforts. The CEOCR's 2008 annual trafficking report was issued on
October 7, 2009.
In December 2009 the Senate Interior Committee decided to establish
a trafficking working group, reviving a subcommittee whose meetings
were discontinued in 2003.


E. (U) Birth, nationality, marriage and residence registration are
mandatory. Belgian nationals and registered foreigners are obliged
to carry ID cards, and the authorities in conjunction with Child
Focus have developed "Kids ID" for children traveling abroad.


F. (U) All law enforcement agencies are under a legal obligation to
gather data and to assess progress.



27. (U) INVESTIGATION AND PROSECUTION OF TRAFFICKERS.

-- A. The first anti-smuggling measures were taken under the 1980
Access to the Territory, Residence, and Immigration Act. In 1995
Parliament adopted the first comprehensive anti-trafficking act.
The Belgian act of April 13, 1995, contained a series of measures
aimed at repressing human trafficking and child pornography. The
law defined trafficking in persons as "helping in any way
whatsoever, either directly or through an intermediary, an alien who
enters or resides in Belgium, and, in doing so, directly or
indirectly making use of fraudulent practices, violence, threats or
any form of force against that alien on account of his or her
uncertain administrative status or due to pregnancy, illness,
disability or mental disorder." In 2002, Parliament adopted
legislation to combat organized crime more effectively. A further
restructuring of the anti-trafficking effort occurred in 2004.

In 2005, lawmakers adopted a major overhaul of the 1995 legislation.
It aligned Belgian legislation with prevailing European and
international law, in particular the additional protocols to the UN
Convention Against Transnational Organized Crime (2000),The EU
Council framework decision on combating trafficking in human beings
(2002),the EU directive on the facilitation of unauthorized entry,
transit and residence (2002),and the EU Council framework decision
on the strengthening of the penal framework to prevent the
facilitation of unauthorized entry, transit and residence.

Following passage of the 2005 law, it became possible to pursue
criminal cases for recruiting, transporting, transiting, providing
shelter, and passing on the control over persons for the purpose of
prostitution, child pornography, begging, economic exploitation,
organ transplant or forced commission of crimes. This law made it
easier for the authorities to arrest slumlords, and combat forced
begging. Moreover, the new legislation applied to both Belgian and
foreign perpetrators, and it made it possible to pursue domestic
trafficking cases. It set a distinct definition for smuggling as
opposed to trafficking, and eliminated consent of the victim as a
defense against criminal charges. Aggravating circumstances
included committing fraud, threatening the life of the victims,
involvement in a criminal organization, vulnerability of the victim
(under age),use of violence, and causing severe harm to or death of
the victim. The authorities amended the 2005 law in 2006 by making
it a crime to contract a fake marriage, receive compensation for
arranging a fake marriage, or inciting others to do so.

The September 15, 2006 law permitted trafficking victims who opted
to collaborate with the authorities to obtain legal guarantees to
remain in Belgium. The legislation came into force June 1, 2007.
On February 1, 2007 the Justice Minister issued a new directive on
investigating and prosecuting trafficking cases. The directive
better defined economic exploitation, and it contained a detailed
list of trafficking indicators. It provided for coordination by the
prosecuting magistrates, and listed cases that have to be
prioritized (young victims, abuse of human dignity, use of force, or
organized crime). The directive also contained provisos on how
police forces are to conduct investigations, and it emphasized the
need to direct victims to specialized shelters. On October 31,
2008, a directive came into force on multidisciplinary cooperation
for the protection of victims of trafficking and serious forms of
smuggling. The directive explained how to detect and inform
potential victims, and detailed the procedure to be followed by the
various services involved in combating trafficking.

-- B. and C. Persons convicted of violating anti-trafficking
legislation are subject to one to five years of imprisonment and are
fined between 2,750 Euros ($3,575) and 275,000 Euros ($357,500).
For repeat offenders, those convicted for offences of an organized
nature, or other in other aggravating circumstances, the punishment
increases from 10 to 15 years imprisonment along with fines up to
550,000 euro. If the offenders belong to a criminal organization,
or if the trafficking results in manslaughter, the punishment is 15
to 20 years imprisonment and a fine ranging from 5,000 euro ($6,500)
to 825,000 euro ($1,072,500). Persons convicted of trafficking for
economic exploitation are subject to one to five years imprisonment
and are fined between 2,750 euro ($3,575) and 275,000 euro
(($357,500). The law specifies that Belgian nationals can also be
victims of economic exploitation. The law defines economic
exploitation as employment in circumstances that violate the
employee's human dignity. Belgium is using a much broader
definition than the European Framework decision. The use of force
or exploitation of vulnerability is not required for a finding of
exploitation. Employers or labor agents who confiscate workers'
passports or travel documents for the purpose of trafficking or
switch contracts without the worker's consent violate the law.
Moreover, wage, hours, and working conditions that do not meet the
standards of the prevailing labor legislation and collective
bargaining agreements are considered exploitation of labor under
Belgian law.

-- D. Penalties for rape and forcible sexual assault are rather
similar, and range from five years up to 30 years imprisonment, if
the crime results in the death of the victim.

-- E. The courts systematically prosecute trafficking cases under
the prevailing legislation as detailed under A., B., and C.
Investigation of and prosecution of trafficking is done according to
a Justice Minister's directive which came into force on February 1,

2007. The directive provides police and magistrates a list of
indicators to identify victims. The Federal Police in 2008 handled
356 new sexual exploitation cases out of a total of 553 cases
reviewed during the year, and 206 new economic exploitation cases in
2008 out of a total of 293 cases. The Federal Police handled 375
child prostitution and sex tourism cases, compared to 197 in 2006.
In 2008 the various prosecuting offices, the Federal Prosecuting
Office included, handled 387 trafficking cases. Of this total 52.2
percent concerned economic exploitation, and 36.4 percent sexual
exploitation. The remaining cases concerned forced begging, forced
organ transplant, and forcing individuals to commit crime.

In November 2009 the judicial police of Tongeren arrested four
Nigerian nationals who were running a trafficking and prostitution
network active in Belgium, The Netherlands and Spain. The four were
incarcerated. In October the Mechelen judicial police arrested four
people who were trafficking Thai girls who were forcefully employed
in massage parlors. In May the judicial police of Tongeren arrested
three persons who were trafficking girls, some under age, for sexual
exploitation. In January 2009, the police arrested three persons in
connection with exploitation of girls coming from Brazil, Cuba, the
Dominic public, and Russia. The008
arrested a Turkish npian female partner who
witing and extorting Bulgar`en farm.
On July 1, 20hstrate's office conducs' leading Conrad hoteQ
relatives from the U`re alleged to be illegallyants. Eleven of the serva@t
e
with the judicially members were charged. The sheikha and herntry and the
investigat4hreceived between one and five years, 41 between five and ten ye
ars,
and three more than ten years. Of those sentenced , 196 were also
fined and 11 were sentenced to community service. In 46 cases goods
were confiscated, and 154 convicts were sentenced to loss of
political rights.

In June 2009 the Charleroi first instance court convicted under the
prevailing trafficking legislation three Italian professional movers
who in their Belgian subsidiary were exploiting workers, not
observing the prevailing labor standards concerning wages, nor
working conditions. The Italian movers had among their clients
NATO-SHAPE personnel living in Belgium. On March 19, 2009 the
Antwerp Appellate Court convicted under the prevailing trafficking
legislations owners of a brothel; they received suspended sentences
ranging from two years to 12 months imprisonment. For recruiting
girls the bar owners relied on an Albanian trafficking ring. The
judge found that the defendants were aware that they exploited
trafficking victims. On February 24, 2009, a Brussels judge handed
down a four-year and a two-year prison sentence to two Brazilian
nationals convicted of trafficking and pimping. On February 19, a
judge of the Brussels first instance court awarded one euro moral
damage to the CEOCR in a case involving the fraudulent issuance of
visas at the Belgian consulate in Sofia in the 1990's. Visas were
issued to traffickers operating under the cover of travel agencies.
Two defendants stood trial.

In January 2009, the Brussels first instance court handed down four
years imprisonment and a 22,000 euro ($28,600) fine to a Bulgarian
member of a trafficking ring. Some of the victims applied for
trafficking victim status. On January 26, 2009 the Antwerp district
court convicted a lawyer to five years imprisonment and a 5,000 euro
($6,500) fine for raping an under-age girl and trafficking her from
Morocco to Belgium.
On December 17, 2008, the Ghent Appellate Court handed down three
and four year prison sentences to two Chinese nationals for economic


exploitation and trafficking. The court confiscated assets to the
tune of 750,000 euro ($975,000). The victims were exploited by
restaurants and were forced to work six days a week and 12 hours
days. The judge also ruled that their housing conditions were
inhumane. The victims successfully applied for trafficking victim
status.

In November 2008 the Ieper Chamber of Indictment ruled that 32
people would stand trial on smuggling and trafficking charges as
members of a criminal organization specialized in arranging fake
marriages for Indian and Pakistani men who were seeking to obtain
permanent residence in Belgium. On November 26, 2008, the Antwerp
Court of Assizes convicted six Iraqi nationals to prison sentences
ranging from 3 to 25 years imprisonment for having taken hostage and
tortured two Indian nationals in order to obtain a ransom for
smuggling the two to the United Kingdom. Defense lawyers argued
that both defendants and plaintiffs were members of rival
trafficking rings.

In rendering verdicts in economic exploitation cases the courts take
into account such elements as confiscation of passports, travel
documents and pay, employment and housing conditions, the use of
physical force, and sexual abuse.

In its 2008 annual report the CEOCR pointed out difficulties in
obtaining the seizure of assets of Bulgarian, Albanian and Romanian
nationals convicted in Belgium.


-- F. The Justice Minister and the Board of Prosecutors General
determine prosecution priorities. The board has set up networks for
sharing expertise and information among prosecutors. Training on
recognizing trafficked persons is well established in law
enforcement agencies and procedures for dealing with trafficking
cases are well known. The Justice Ministry and the Justice High
Council organizes special training for magistrates. The Foreign
Ministry provides training for diplomats and federal and local
police forces dealing with trafficking. In 2007 the Justice
Ministry issued a directive for helping magistrates and police
forces in detecting and prosecuting trafficking cases. Prosecutors
use a list of 70 indicators to determine whether a trafficking
investigation should start. In September 2008 the Interior,
Justice, Employment, Foreign Affairs, Social Welfare and Finance
ministries jointly issued a directive on coordinating aid to
trafficking victims. The directive covered how to identify victims,
what action has to be taken by the authorities and agencies dealing
with trafficking, how victims have to be directed to shelters and
administrative steps to be taken for the victims. Federal police
report they are working with the Ministry of Labor to train police
officers in recognizing labor trafficking.


-- G. Belgium collaborates regularly with the International
Organization for Migration (IOM, the United Nations and the Council
of Europe). Belgium cooperates within the Schengen countries'
framework to combat visa fraud. Belgian law enforcement has on
occasion participated in Joint Investigation Teams composed of
investigators from adjacent countries. Belgium intends to increase
cooperation along the Belgian, Dutch, and German borders. A
Schengen evaluation report issued December 4, 2009, stated that the
investigators were impressed with Belgium's multidisciplinary
approach which was considered a "best practice." The report praised
Belgium for its pioneering role, but noted that despite adequate
legislation, there were a relatively low number of convictions for
sexual end economic exploitation. Belgium has supported a
preventive program for the Great Lakes Region of Africa sponsored by
UNICEF. It has contributed to preventive OSCE and IOM programs in
Georgia. It has contributed to UNFPA, UNICEF and OHCHR programs for
the prevention of violence against women and children in the
Democratic Republic of Congo (DRC). It has also contributed to an
UNICEF program for combating the child trade in Western Africa.

On October 18, 2009, Belgium's Queen Paola and Swedish Queen Silvia
attended an EU-IOM sponsored conference on trafficking held in
Brussels under the auspices of the Swedish EU Presidency.

-- H. Belgians and foreign nationals can be extradited under the
European arrest warrant. The Belgian Parliament has adopted this
European framework decision. Belgian has some 50 extradition
treaties in force with other countries. Moreover, the Federal
Police exchange information with Europol and Interpol, and countries
with which Belgian has bilateral or multilateral cooperation
agreements. The Federal Prosecutor acts as Belgium's contact with
Eurojust. Belgium frequently sends extradition requests to foreign
countries, and it has obtained the extradition of suspects to
Belgium. According to the CEOCR, Belgian law enforcement encounters
difficulties in obtaining cooperation from Bulgaria, a new EU member
state. No trafficking offenders were extradited to the United
States.

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


K. There were no reports of Belgian troops participating in
international peacekeeping missions becoming involved in
trafficking.

-- L. The Belgian authorities identify sex tourism and child
pornography as a serious problem and specific legislation for
combating these criminal acts has been adopted by Parliament. In
2000 and again in 2008 the Belgian Parliament adopted constitutional
provisions on children's rights guaranteeing respect for the moral,
physical and sexual integrity of children. In 2005 the lawmakers
amended the 1995 act on combating human trafficking and child
pornography. New provisions were added to the criminal code
enhancing the protection of minors, particularly with regard to
trafficking, prostitution and pornography.
Prostitution under the age of 18 is presumed to be the result of
coercion or abuse of trust under the law, and sentenced accordingly.
The law of November 2000 has reinforced protection of minors with
regard to trafficking, prostitution and pornography. The Federal
Police in 2008 registered 3,568 cases of sexual assault and rape
involving minors, compared to 3,823 such cases in 2007. The Federal
Police registered 338 child prostitution cases in 2008, compared to
330 the previous year. Child prostitution found on the internet can
be reported to the police through www.ecops.be. The Justice
Ministry registered 39 convictions for child prostitution in 2007,
compared to 24 the previous year.

In 2008 the Federal Police registered 565 child pornography cases.
In 2009 several arrests were made in child pornography cases. In
September, 2009, a police officer was arrested and a judicial
investigation was started. The officer was suspended.




28. (U) PROTECTION AND ASSISTANCE TO VICTIMS:

-- A. In 2006, Parliament enacted a complete overhaul of the 1980
Immigration Act, bringing Belgian legislation in line with
prevailing EU directives, such as the EU Directive 2004/81 on
awarding residence to trafficking victims who opt to cooperate with
the authorities. As a result, the prevailing Belgian protections
system is now supported by law, and has been extended to certain
categories of smuggling victims, including unaccompanied minors, the
vulnerable, the deceived, and the ill. The law covers nationals
from outside and from within the European Union. Denial of victim
status can be appealed through a special judicial college.

Victims have 45 days to decide what to do and can qualify for a
renewable 3-month residence permit or a 6-month permit, depending on
the state of the judicial investigation. In order to qualify for an
extension, the victims have to break all links with the alleged
perpetrators and collaborate in the investigation. The prosecutor
must determine whether the person is a trafficking victim or a
victim of a serious form of smuggling. Victims can obtain permanent
residence after the traffickers are sentenced or if the prosecutor
files a trafficking case. Victims can file for damages. Prosecutors
may request and victims are often granted residence status for cases
that have not come to trial.

On September 26, 2008 the government and the College of Prosecutors
General issued a directive on multidisciplinary cooperation ing victims. T
he direcguidelines on how the f security and labor
iqh`,`l, administrative, assimiQial
assistance. Th%lusively to foreign
joy the same rights anr victim protection. ChiQediately and have
three months to decide whether they want to ask fr protection. If
a child fails to qualify un$er trafficking protection legislation,
he or she would still qualify for protection granted toQ
unaccompanied minors illegally staying in Belium. If the child is
presumed to be a trafficking victim he or she is directed to one of
the specialized centers operated by the regional governments. The
government covers their education and medical expenses.

-- C. The government-sponsored shelters provide trafficking victims
with access to legal, medical and psychological services. Judicial
assistance is provided by the shelters in collaboration with the
police and magistrates. Administrative assistance is provided in
conjunction with the Immigration Office. Victims can either stay in
safe houses operated by the shelters or opt for an individual
dwelling. The shelters also provide psychological aid. The
shelters are sponsored at the federal and regional level of
government. Funding consists of direct subsidies and wages of
collaborators paid by the authorities.

-- D. The September 2008 directive tasks the police, the social
security and labor inspection services, the Immigration Office, and
the Commissariat for Refugees and Stateless Persons with informing
potential victims of their rights, and with directing them to
shelters if they wish to apply for trafficking victim status.
Depending on the legal proceedings, victims may qualify for
temporary and permanent residence.

-- E. Victims qualify for housing, administrative, legal and
psychological aid.

-- F. Law enforcement agencies systematically refer persons to
shelters, even if they do not immediately identify themselves as
trafficking victims. An increasing number of victims are sent to
the shelters through agencies other than federal and local police
forces.

-- G. In 2008 the three shelters provided assistance to 495
victims, compared to 438 the previous year. Of the total number of
475 for 2008, 202 were new victims. The three shelters noted a
significant increase in victims of economic exploitation in 2008 and
2009, to the extent that economic victims outnumbered the victims of
sexual exploitation referred to the shelters. Police data showed an
increase in victims of sexual exploitation, but this was not
reflected in the data of the shelters. The three shelters also
registered a growing number of male victims. Most victims assisted
by the shelters came from Morocco, China, Iraq, India, Romania, and
Brazil. In 2007, 62 victims received full victim status. The most
common reason for not achieving victim status was lack of evidence
to substantiate a claim of trafficking.

-- H. The procedure for proactively identifying victims is contained
in the September 2008 directive issued by the government and the
college of prosecutors-general. Employment conditions that are not
compatible with prevailing Belgian standards are sufficient grounds
to qualify as a victim of trafficking. If a victim is identified by
the police or inspection services, they must inform the prosecutor
of the judicial district, the Immigration Office, and one of the
shelters. In its 2008 annual report, the CEOCR, in its capacity as
a watch-dog agency, noted that undocumented victims of economic
exploitation often hesitate to collaborate, fearing deportation.
The CEOCR also noted that victims of economic exploitation
occasionally end up in centers for rejected asylum seekers, before
being directed to the shelters.

- I. Victims are not fined, detained, jailed or deported. The
average stay in the shelters is between one and six months.

-- J. The system is designed to obtain cooperation from the victims.
Victims are encouraged to collaborate with law enforcement agencies
during the judicial investigation, but also to start litigation
against the offenders. The shelters have the authority to file a
lawsuit in their own name or in the name of the victim. When the
victim is a material witness in a court case against a former
employer, the victim is permitted to seek other employment. Victims
can seek restitution.

-- K. Training to recognize trafficked persons is well established
in law enforcement agencies, and procedures for dealing with
trafficking cases are well known. The Foreign Ministry provided
training for its diplomats posted in origin countries.

-- L. There were no Belgian nationals among the victims who needed
to be repatriated.

-- M. Belgium collaborates regularly with the International
Organization for Migration (IOM),of which it is a founding member,
the United Nations and the Council of Europe. Belgium had
participated in a multinational IOM project on the training of
border guards for assisting victims of trafficking. In July 2007 it
organized the first Global Forum on Migration and Development. The
Foreign Ministry in Brussels has a department dealing with
immigration and asylum issues, and the department is headed by an
ambassador. Victims of trafficking have the possibility of free
reintegration to their home country within the framework of the REAB
program (Return and Emigration of Asylum seekers ex. Belgium). Two
special funds have provided financial incentives to facilitate
reintegration and return to home countries. The King Baudouin
Foundation sponsors projects for the reintegration of trafficking
victims in their home countries, Balkan countries in particular. In
2009 the IOM repatriated 5 victims of trafficking, 3 adults and two
unaccompanied minors.



29. (U) PREVENTION

-- A. The government acknowledges that trafficking is a problem in
the country and fighting trafficking is one of the priorities of the
government's 2008-2011 National Security Plan. "Stop Child
Prostitution" is an ongoing nationwide campaign sponsored by Child
Focus, the Federal Police, the Defense and Foreign Affairs ministry,
the Federation of Transportation Enterprises, Belgian Rail, ECPAT
and FIT.

Belgium is also providing financial support to prevention campaigns
organized by UNICEF, the OSCE, OIM, FNUAP and OHCHR.
The King Baudouin Foundation has conducted information campaigns
regarding the situation of diplomatic household personnel.

The CEOCR and Samilia organized a colloquium on April 22, 2009 in
the Belgian Senate aimed at generating greater parliamentary
interest in trafficking issues. The Vice Premier and Minister for
Employment and Equality, Joelle Milquet, addressed the colloquium
together with the Minister of Justice.
The prosecuting office of the Liege judicial district acts as
contact point for the press. In 2009 the authorities and agencies
involved in combating trafficking issued a flyer in 27 languages
destined for potential trafficking victims.

-- B. The monitoring of immigration is done by the Immigration
Office and by the CEOCR, which reports on immigration patterns.

-- C. Coordination is the responsibility of the Interdepartmental
Coordination Unit for the Combat against Trafficking and Smuggling.


-- D. In 2008 the government issued a 50-page Trafficking in Persons
action plan. The plan was developed with all the ministries and
agencies involved in combating trafficking.

-- E. Prostitution as such is not a criminal act, but organizing
prostitution and forcing people to prostitute themselves are
criminal offences. Measures to rein in prostitution come under the
jurisdiction of local governments. Courts vigorously prosecute
downloading and the possession of child pornography, as well as
soliciting sex with minors. Over the year the police arrested
people for organizing prostitution through escort agencies and
massage parlors. The Federal Police pointed out that the criminal
organizations controlling prostitution in Belgium often operate
through female intermediaries. Prostitution in bars is diminishing,
while prostitution in massage parlors and through escort services is
increasing. There is a significant increase of people prostituting
themselves through the internet. Law enforcement agencies encounter
great difficulties monitoring this form of prostitution. Several
cities and towns have taken measures to curtail prostitution.
Following the example of Brussels and Antwerp, the Liege city
government closed 51 brothels in September 2008, limiting
prostitution to a few registered bars. On January 6, 2009, a
Brussels judge handed down a four-year imprisonment sentence and a
22,000 euro ($28,600) fine to a Bulgarian national for pimping and
trafficking.

-- F. "Stop Child Prostitution" is an ongoing program, and each
year the authorities focus on a particular aspect, for example, on
reporting cases of child prostitution. The prevention campaigns are
organized by Child Focus, ECPAT, the National Lottery, Belgian Rail,
Brussels Airlines, The Foreign Affairs Ministry, the Defense
ministry, Foster Plan, tourism academies, and road transportation
organizations. During summer 2008, awareness campaigns were
organized at railway stations and airports. The Flemish regional
minister in charge of tourism reached an agreement with travel
agencies on a code of conduct, specifically aimed at combating
trafficking and child prostitution.

-- G. The Defense Ministry provides information and organizes
awareness drives for all Belgian troops, in cooperation with the
three victims' shelters. Troops deployed in peacekeeping missions
receive specific training on how to detect trafficking. Standard
procedures have been developed so that troops deployed outside of
Belgium are capable of spotting incidents of trafficking. There is
a standard procedure for reporting such incidents to commanding
officers.


30. (U) Partnerships

Belgium is a party to several international treaties and conventions
dealingwith trafficking. On August 1, 2009, the 2005 ouncil of
Europe Convention on Action Against Trafficking in Human Beings came
into force. The convention deals specifically with international
cooperation in the trafficking field. There is structured police
and judicial cooperation within the Euregio (Belgium, The
Netherlands and Germany),the Joint Investigation Teams, Eurojust,
Europol, and Interpol. Belgium has also ratified the Prum
Convention on stepping up cooperation in combating cross-border
crime and illegal migration signed between Belgium, Germany, Spain,
France, Luxemburg, The Netherlands and Austria. The provisos of the
Prum Convention were turned into an EU directive in 2008.

The Belgian shelter Payoke and a Moroccan organization created a
partnership to improve to provision of assistance to victims of
trafficking in Morocco. The Belgian authorities also started a
special information campaign to identify and assist Brazilian
victims of economic exploitation. Belgium is co-financing a joint
program of UNHCR, UNODC and IOM to combat trafficking in Serbia.

Belgium will hold the rotating presidency of the European Council
from July 1 to December 31, 2010, during which time the October 18
European anti-trafficking day will take place. We expect the
Belgians to focus on trafficking during their presidency.

END TEXT OF TIP REPORT

GUTMAN