U.S. Department of State 2003 Trafficking in Persons Report - The Netherlands

The Netherlands (Tier 1)

The Netherlands is both a significant destination and transit country for trafficking, most notably for the purposes of sexual exploitation, although there is also labor trafficking. Most victims originate from Central and Eastern Europe, primarily Bulgaria, the Czech Republic, the Russian Federation, Ukraine and Moldova, and from African countries, primarily Nigeria. According to some experts, the number of reported trafficking victims, almost all foreign, has more than quadrupled over the past decade, rising from 70 to 341.

The Government of The Netherlands fully complies with the minimum standards for the elimination of trafficking. The Government of The Netherlands has numerous and sophisticated prevention, prosecution and protection programs. However, the lack of a specific law and punishment against forced labor trafficking, lack of punishment for sex traffickingof equal severity to that for other grave sex crimes, and limited outreach by the government to the large number of foreign victims of sex trafficking warrant concern.

Prevention

The Government of The Netherlands does not conduct prevention campaigns targeting the demand within the public at large, but it subsidizes numerous NGO information campaigns in Dutch schools and youth clubs. Dutch NGOs complain of insufficient efforts to target source countries, but the government engages in bilateral assistance to many countries to sponsor preventative education programs. Most impressive, the government funds a National Rapporteur on Trafficking in Human Beings, who investigates trafficking and publishes in-depth reports.

Prosecution

Trafficking for the purpose of sexual exploitation is specifically prohibited and subject to punishment in The Netherlands. But while the punishment for rape is twelve years, the punishment for trafficking for sexual exploitation is six years with more severe penalties for aggravating circumstances, such as trafficking of a minor. The average sentence for trafficking for sexual exploitation alone is even lower: eighteen months. A law to prohibit and punish other forms of trafficking, such as forced labor and protection of victims of forced labor was introduced but was not adopted as of April 2003. There is a national public prosecutor for sex trafficking and an anti-trafficking coordinator in each district court. Sex trafficking is reportedly a high priority for police in many regions of the country. Approximately 217 cases were prosecuted last year, showing an increase from the previous year. While there were no reported convictions, the proportion of cases resulting in sentences was quite high in previous years. According to the Dutch Rapporteur, the majority of foreign victims do not usually avail themselves of the government's B-9 immigration law, which allows the victim to remain in the country three months while pursuing prosecution. This is due to the lack of knowledge, unequal access to legal counsel, fear of retribution and restrictions on employment during this period.

Protection

The government subsidizes various Dutch and foreign NGOs working with victims trafficked for sexual exploitation and the Dutch government cooperates with source country governments. Most shelters are designed for Dutch victims of domestic violence, but seek to address the needs of all victims. The Health Ministry assisted in publishing a manual that instructs relief workers about the rights of foreign victims. Special shelters have been set up for underage foreign victims, but victim organizations have called for additional measures.