U.S. Department of State 2004 Trafficking in Persons Report - The Netherlands

The Netherlands (Tier 1)

The Netherlands is primarily a transit and destination country for trafficking of women and girls for the purpose of sexual exploitation; trafficking in persons for labor exploitation exists to a lesser degree. Most victims originate in Central and Eastern Europe, with some victims from African countries, primarily Nigeria, and from South America, Thailand, the Philippines and China. Reportedly, a significant percentage of the 25,000 individuals engaged in prostitution are trafficking victims. Internal trafficking of young, mostly immigrant, girls by Moroccan and Turkish pimps into sexual exploitation also occurs. The Netherlands Antilles, where the Netherlands exercises responsibility over visa issuance according to guidelines issued by the Netherlands Antilles, may be a destination for women trafficked for prostitution from Colombia, the Dominican Republic and Haiti.

The Government of the Netherlands fully complies with the minimum standards for the elimination of trafficking. Legalized prostitution, the estimated large scale of trafficking, and the relatively low sentences prescribed in law have brought international scrutiny on the Netherlands. The Netherlands showed leadership in raising trafficking in multilateral fora and increasing financial support to domestic shelters. Although the government increased anti-trafficking law enforcement personnel, evidence does not indicate that the problem has decreased. The Netherlands would benefit by strengthening efforts to reduce demand for domestic trafficking and more vigorously screening visa applicants in Dutch territories.

Prosecution

Article 250a of the Dutch criminal code prohibits trafficking in persons for the purposes of sexual exploitation and prescribes penalties of up to 10 years with aggravating circumstances. Rape is punishable by up to 15 years with aggravating circumstances. In 2003, courts increased total trafficking convictions to 106; the average sentence was 26 months' imprisonment. As of April 2004, the government had not yet enacted pending legislation to expand the definition of trafficking in persons to include labor exploitation and increase penalties in line with international standards. The national prosecutor for trafficking in persons leads the Trafficking in Persons unit, part of the new National Crime Squad established in 2003. A specialized police unit received an additional 100 law enforcement personnel in 2003 to continue investigating trafficking.

Protection

Dutch legalization of prostitution was intended to promote greater transparency and control over the sex industry where trafficking victims have been exploited. A national debate, and intense international scrutiny, is focusing on prostitution and its possible impact on trafficking. The government continued funding the National Rapporteur on Trafficking in Persons and the Dutch Foundation Against Trafficking in Persons (STV). The STV reported that 257 trafficking victims received assistance in 2003. Victims of trafficking for sexual exploitation qualify for assistance in the Netherlands; however, foreign labor trafficking victims do not qualify due to the lack of references to the slave trade, abduction and labor conditions in the legal definition of trafficking. Victims of trafficking for the purposes of sexual exploitation are allowed a three-month "reflection" period to determine their willingness to cooperate with law enforcement, during which time they are provided services. Those victims who cooperate may obtain a B-9 residency permit and a wide range of services. In 2004, the government agreed to allow B-9 permit holders the right to work, but the policy was not yet implemented. Victims who declined to cooperate with law enforcement authorities were repatriated voluntarily, without divulging the reasons. The Netherlands financed shelters and safe houses in countries of origin, and its total expenditure for domestic women's shelters for all women victims of violence rose to over $45.9 million. Regional police forces and police academies trained officers on victim identification and assistance, and judicial training began in 2003.

Prevention

The government subsidized NGO information campaigns, preventive education programs with youth, crime victim defense and self-esteem courses for primary and secondary school students. The government did not conduct any information campaigns targeting consumers of the services of potential trafficking victims. As part of the national action plan on Sexual Abuse of Children, the Ministry of Justice produced and distributed a manual for municipalities entitled, "Prevention of and Assistance to Girl Prostitution." In late 2003, the Dutch Parliament adopted a resolution for a national awareness-raising campaign among prostitutes, including a central phone line to provide assistance in "stepping out" of prostitution. The government focused efforts on prevention in source countries, including empowerment and economic self-reliance within vulnerable groups.

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