US embassy cable - 04THEHAGUE2741

UNCLAS SECTION 01 OF 06 THE HAGUE 002741 
 
SIPDIS 
 
STATE FOR G/TIP, G, D, EUR, EUR/PGI, EUR/UBI 
 
E.O. 12958: N/A 
TAGS: KCRM, PHUM, KWMN, NL 
SUBJECT: DUTCH MID-TERM TIP ASSESSMENT 
 
REF: (A) SECSTATE 115541 (B) THE HAGUE 2277 
(C) THE HAGUE 1895 (D) THE HAGUE 1803 (E) THE HAGUE 1712 (F) 
THE HAGUE 1446 (G) THE HAGUE 0521 
 
1. SUMMARY: This is the interim accounting of Dutch efforts 
to combat human trafficking following the catalyst of G/TIP 
Ambassador Miller's June 7 presentation of suggested USG 
benchmarks to Dutch officials.  In response to Ambassador 
Miller's challenge to Foreign Minister Bot and Justice 
Minister Donner, the Dutch have made "concrete, measurable" 
progress in USG-identified priorities and four national 
priorities (protecting underage youth from sexual predators, 
cleaning up the legalized sex industry, fighting TIP in the 
escort industry, and combating TIP in Europe). 
 
2. American pressure, from Ambassador Miller's visit to 
regular meetings with Embassy officials, helped spur the 
Dutch to augment the programs and activities identified in 
the 2004 TIP Report with new action plans and projects.  In 
one benchmark area (prostitute survey in Amsterdam), 
however, the Dutch have taken a different approach than we 
recommended in our demarche.  Looking ahead, we are focused 
on the areas where the Dutch need to complete action on 
projects they have launched.  We will also continue to push 
hard on speeding up their frustratingly slow compilation and 
analysis of official figures.  Significant TIP developments 
coming up in the next few months (parliamentary debate, 
announcement of TIP Action Plan), will provide the Embassy 
with additional opportunities to keep TIP at the forefront 
of our bilateral engagement.  END SUMMARY. 
 
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APPRECIABLE PROGRESS/"CONCRETE, MEASURABLE" STEPS 
--------------------------------------------- ---- 
 
3. In addition to the extensive anti-TIP measures that 
justified their ("conditional") Tier 1 ranking in the 2004 
TIP Report, the Dutch have taken additional steps in 2004 to 
combat trafficking: 
 
   - funded delivery of information packets (with TIP 
       hotline number & services available) in 5 languages 
       to 2,000 vulnerable sex industry workers nationwide; 
   - funded outreach to 15,000 prostitutes, TIP victims and 
       clients in Amsterdam Red Light District on 
       trafficking problems and resources available to TIP 
       victims and prostitutes; 
   - funded production of TIP services/signals brochures 
       and their distribution to all 25 police districts, 
       approx. 150 shelters and 25 welfare organizations/ 
       NGOs nationwide for dissemination to possible TIP 
       victims and in potential TIP situations; 
   - funded a survey to evaluate programs designed to 
       facilitate the transition of prostitutes to other 
       jobs & subsidized NGOs assisting ex-prostitutes 
       seeking new employment; 
   - funded Dutch language lessons for 40 non-national 
       prostitutes to engender autonomy and facilitate work 
       transition; 
   - provided 2 million Euros to OSCE and IOM for victim 
       assistance programs in the Balkans; 
   - passed legislation (by the Second Chamber) expanding 
       the definition of trafficking to include forced 
       labor and increasing the maximum penalty for TIP 
       violations (commensurate with other serious sexual 
       assault crimes); 
   - provided 100,000 Euros for IOM/CIM/OAS program to 
       counter trafficking in the Netherlands Antilles; 
   - funded outreach to 800 non-national sex workers 
       (including TIP victims) to escape dependency on 
       pimps and traffickers; 
   - funded a 2-year train-the-trainer program for foreign 
       national prostitutes to provide information about 
       services for trafficked and exploited victims; 
   - distributed video raising TIP awareness and 
       advertising the TIP hotline to broadcast outlets 
       throughout the country (video has been aired on CNN 
       among other outlets); 
   - supported NGO that created video for MTV's young 
       audience, informing them of TIP issues and 
       advertising national TIP hotline; 
   - created TIP coordinators for each of 25 police and 19 
       public prosecutor regions to assist TIP victims by 
       alerting immigration police about potential TIP 
       situation and victims; and 
   - developed a Prostitution Action Plan to rid the legal 
       sex industry of TIP crimes and provide assistance to 
       prostitutes who want to transition to other work. 
 
4. At the time of this review, Dutch officials are pursuing 
the following initiatives: 
 
   - creating a National Expertise Center to prevent youth 
       prostitution and attack the problem of predators on 
       underage youth (funding of approximately 100,000 
       Euros approved for initial employees and several 
       organizational meetings held); 
   - revising B-9 regulations to allow TIP victims/B-9 
       permit holders to work (completion expected by the 
       end of the year); 
   - conducting 2-day TIP train-the-trainer course for 20 
       prosecutors, paralegals and judges (Nov. 16-17); 
   - protecting vulnerable, underage youth from sexual 
       predators by targeting perpetrators and through 
       public education (ongoing); 
   - developing a campaign to educate sex industry clients 
       about trafficking via client, brothel and 
       prostitution business websites (ongoing discussions 
       on content of banner information); 
   - preparing new TIP guidelines for prosecutors and 
       police on how to handle TIP complaints and 
       situations and inform TIP victims of available 
       services (completion expected by the end of year); 
   - training police, immigration police, labor inspectors, 
       prosecutors, social welfare officials and financial 
       police on new legislation expanding the definition 
       of trafficking (ongoing); and 
   - implementing the Prostitution Action Plan (ongoing). 
 
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DUTCH PRIORITIES 
---------------- 
 
5. The Dutch maintain their "sovereign right" to tailor 
their TIP approach to reflect national circumstances and 
priorities.  Nonetheless, only after G/TIP Ambassador 
Miller's visit did the GONL identify and pursue programs in 
these national TIP priority areas: (1) protecting 
vulnerable, underage youth from sexual predators 
("loverboys"); (2) cleaning up the legalized prostitution 
sector to eliminate TIP; (3) fighting TIP in the escort 
industry; and (4) combating TIP in Europe.  In addition to 
the progress on the US-identified TIP priorities (see below 
- Paras 6-13), the Dutch: 
 
   - have enhanced prosecutions targeting predators of 
       underage youth; 
 
   - obtained a landmark conviction of "loverboy" predators 
       without victim testimony; 
 
   - are developing a National Expertise Center to prevent 
       youth prostitution and attack predators of underage 
       youth and approved initial funding; 
 
   - are supporting the "School Adoption" project where 
       police pair schools populated with vulnerable youth 
       with anti-TIP organizations to teach TIP awareness 
       and prevention; 
 
   - published on a website best practices by 44 
       municipalities in combating trafficking and 
       victimization of minors by sexual predators; 
 
   - published a booklet of best practices for recognizing 
       and combating youth prostitution and sent it to all 
       Dutch municipalities; 
 
   - are supporting NGO development of TIP prevention 
       programs for vulnerable girls; 
 
   - created a special shelter for young prostitutes; 
 
   - have developed and are implementing a detailed 
       Prostitution Action Plan to eliminate TIP and 
       related crimes from the legalized sex industry and 
       provide transition assistance for prostitutes; 
 
   - created a regulation for newspaper and internet 
       providers conditioning advertising of escort 
       services on receipt of Chamber of Commerce license/ 
       registration numbers and are negotiating its 
       agreement by "stakeholders"; 
 
   - targeted police checks and sting operations within 
       escort sector; 
 
   - contributed approximately two million Euros to 
       International Office of Migration (IOM) and OSCE 
       victim assistance programs in the Balkans; 
 
   - are creating a prototype Joint Investigative Team with 
       the UK, Belgium, Germany and Europol to fight TIP in 
       Bulgaria; and 
 
   - are participating in an EU twinning project with the 
       UK to build TIP legislative, investigative and 
       prosecutorial capacity in the Czech Republic. 
 
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ACTION ON USG-SUGGESTED TARGETS 
------------------------------- 
 
6. BENCHMARK: Increase significantly the number of TIP 
victims identified and assisted. 
 
PROGRESS: As documented below 
 
   - 304 TIP victims identified and/or assisted from Jan.- 
       Sept. 2004, according to STV (Foundation Against 
       Trafficking in Women) - annualized rate of 380, 
       increase of 48% over 2003-benchmark figure of 257. 
 
   - The National Rapporteur's Office (NRM) published its 
       Third Report on June 20, 2004, using 2002 facts and 
       figures.  No other office (police, prosecutors or 
       National Rapporteur) or NGO has 2004 "to date" 
       figures available yet. 
 
   - The Dutch have initiated a number of steps to improve 
       monitoring the TIP situation, which could result in 
       more victims being identified and assisted: 
 
       o Each of the 25 police regions and the 19 public 
       prosecutors' regions has a TIP coordinator alerting 
       immigration agents to potential TIP situations and 
       victims - a police agent trained in TIP is now 
       included in each immigration sweep; 
 
       o Five Dutch NGO's, with government funding, signed 
       an MOU in 2004 establishing a joint database to 
       track the number and origin of TIP victims who come 
       to any one of the partner organizations for re- 
       integration assistance; 
 
       o GONL is granting police new and better access to 
       immigration information to enhance TIP 
       investigations and prosecutions and decrease 
       reliance on victim testimony; and 
 
       o The College of Attorneys-General is instructing 
       prosecutors and police to how to identify situations 
       that might involve TIP victims, respond in the most 
       appropriate manner and inform victims on reporting 
       of TIP crimes and availability of services. 
 
7. BENCHMARK: Engage in a vigorous information campaign to 
help victims or potential victims escape their situation. 
 
PROGRESS: As documented below 
 
   - GONL-funded project delivered information packets (in 
       Russian, Spanish, English, German and Dutch), 
       describing labor rights and advertising TIP hotline 
       to 2,000 prostitutes nationally. 
 
   - GONL funded outreach to 800 non-national sex workers, 
       teaching victims of trafficking and exploitation 
       how to escape situations of dependency on pimps and 
       traffickers. 
 
   - MFA launched a project to report on conditions in 15 
       source countries to lessen TIP victims' burden of 
       proof when applying for permanent residence status 
       in the Netherlands on humanitarian grounds. 
 
   - GONL-funded NGO partnered with MTV to develop video to 
       broadcast TIP information and local TIP hotline to 
       the youth audience. 
 
   - GONL funded a program for non-nationals experienced 
       with prostitution to train their peers on TIP and 
       labor law issues. 
 
   - GONL-funded project taught 40 non-national prostitutes 
       Dutch language skills during an eight-month course, 
       providing prostitutes greater access to services and 
       options to prevent return to prostitution. 
 
8. BENCHMARK: Initiate information and awareness programs 
targeting clients. 
 
PROGRESS: As documented below 
 
   - Government-funded Prostitution Information Center 
       contacted approximately 15,000 prostitutes and 
       clients on trafficking and prostitution issues and 
       resources available to TIP victims and prostitutes 
       in the Amsterdam Red Light District. 
 
   - GONL adopted a detailed Action Plan to rid the 
       legalized prostitution sector of TIP crimes. 
 
   - GONL developed a plan to publish information about TIP 
       and TIP crimes on frequently visited websites set up 
       by and for clients, brothel owners and prostitution 
       businesses and is negotiating with "stakeholders" 
       for implementation. 
 
   - The Justice, Finance and Social Affairs Ministries 
       participated in approximately four meetings this 
       year of the National Prostitution Platform, 
       consisting of the legalized brothel industry and 
       NGOs, to increase distribution of TIP information to 
       clients. 
 
   - GONL funded production of TIP services/signals 
       brochures and their distribution to all 25 police 
       districts, approx. 150 shelters and 25 welfare 
       organizations/NGOs nationwide for dissemination to 
       possible TIP victims and in potential TIP 
       situations. 
 
   - The Association of Exploiters of Relax Companies (VER) 
       developed, after consultation with the MFA, a Code 
       of Conduct designed to combat TIP in the sex 
       industry.  The Code, adopted by all VER members, 
       rejects all forms of TIP, coercion and abuse of 
       minors.  It requires owners and operators within the 
       industry to report TIP suspicions to authorities, to 
       inform suspected TIP victims of their rights, and to 
       publish the contact information of NGOs providing 
       victim assistance.  VER mandates members inform 
       personnel, prostitutes and clients about the Code 
       and requires Code publication on the premises. 
 
9. BENCHMARK: Pass draft legislation to include forced labor 
in the definition of trafficking. 
 
PROGRESS: As documented below 
 
   - The Second Chamber adopted TIP legislation expanding 
       the definition of trafficking to include labor 
       trafficking on June 29. 
 
   - The Justice Ministry is already training police, 
       prosecutors, labor inspectors, financial police and 
       immigration agents on new legal requirements and how 
       to recognize "TIP" situations. 
 
10. BENCHMARK: Permit B-9 holders to work. 
 
PROGRESS: As documented below 
 
   - The GONL is drafting regulations allowing B-9 holders 
       to work (to be in place by the end of the year). 
 
   - The GONL is incorporating recommendations by 
       stakeholders in the B-9 process into a National TIP 
       Action Plan, which the Government plans to submit to 
       Parliament before the end of 2004. 
 
11. BENCHMARK: Provide TIP training and guidance to the 
Netherlands Antilles (NA) to, among other things, help 
prevent exploitation of the NA visa system. 
 
PROGRESS: As documented below 
 
   - The GONL funded a 100,000 Euro NA-specific program 
       (through IOM/CIM/OAS) to address, inter alia, the 
       problem of TIP victims entering the NA with visas 
       obtained from Dutch consulates abroad.  Workshops 
       for government officials and representatives from 
       civil society and the tourism sector were held 
       August 12-13 and October 21-22 in the NA.  The 
       programs focused on awareness raising and 
       information dissemination, capacity building and 
       regional cooperation, applied research and data 
       gathering and linkages to the global fund to assist 
       identified trafficking victims. 
 
   - Given the legal structure of the Kingdom of the 
       Netherlands, the opportunity for Dutch involvement 
       in fighting TIP in the NA (where border control and 
       law enforcement are devolved powers to the NA within 
       the Kingdom) is limited. 
 
12. BENCHMARK: Educate prosecutors and judges about the 
serious nature and effect of TIP and how serious punishment 
can deter traffickers. 
 
PROGRESS: As documented below 
 
   - The Second Chamber of Parliament adopted TIP 
       legislation on June 29 raising the maximum penalties 
       for TIP violations to 15 years, same as for other 
       serious sexual crimes (same legislation mentioned 
       above). 
   - The GONL is conducting a two-day, train-the-trainer 
       course for at least 20 prosecutors, paralegals and 
       judges on November 16-17.  Course includes national 
       and EU TIP legislation and laws, B-9 process, victim 
       identification, foreigners in TIP, and problem of 
       underage youth in prostitution and youth predators 
       ("loverboys"). 
 
   - Since Sept. 1, the national Police Academy is using 
       expanded TIP module, including definition of 
       trafficking (as amended in new legislation), TIP 
       signals and victim identification, to train officers 
       and prosecutors. 
 
13. BENCHMARK: Undertake systematic screening of 
prostitutes, especially non-nationals, in Amsterdam's Red 
Light District. 
 
PROGRESS: Figures specifically on Red Light District for 
2004 are unavailable 
 
   - No formal screening/survey undertaken. 
 
   - Amsterdam police visit each of the 170 brothels in the 
       Red Light District a minimum of one time every two 
       months to ensure the brothel is free of trafficking 
       victims and other illegal conduct. 
 
   - Ministry of Justice, National Rapporteur, National 
       Police Anti-trafficking Coordinator, TAMPEP report, 
       and NGO's say legalization of brothels has 
       significantly reduced the number of TIP victims 
       reported in legalized, controlled prostitution 
       sector within the Red Light District.  [Note: The 
       NGO that provided the estimate that 80% of 
       Amsterdam's prostitutes were TIP victims told 
       Embassy officials recently its "survey" was not 
       scientific - they talked to "about 30" prostitutes 
       and asked them if they would prefer some other type 
       of work.] 
 
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COMMENT 
------- 
 
14. This assessment provides a snapshot of new or enhanced 
elements of Dutch anti-TIP activity since the beginning of 
the year.  The available facts demonstrate measurable 
progress in meeting both the Dutch and American criteria for 
attacking TIP in the Netherlands and the Netherlands 
Antilles. 
 
15. Additional facts, figures and programs are expected to 
become known and will be reported over the coming months. 
For example, the NRM expects to supplement its Third Report 
with 2003 figures by the end of the year.  On Nov. 11, 
Parliament will debate progress under the Prostitution 
Action Plan.  By early Dec., the Justice Ministry will 
submit a National TIP Action Plan to Parliament (we 
understand it will implement most of the 63 recommendations 
contained in the NRM's Third Report).  In addition, the 
European Commission's Expert Group on TIP presents its 
findings in Brussels on Oct. 26 (Embassy will have a 
representative at the meeting and with USEU will report on 
developments).  The Dutch will then evaluate how they can 
put a TIP focus to the EU agenda throughout the end of their 
Presidency and beyond. 
 
16. G/TIP Ambassador Miller's visit here in early June 
served as a catalyst for action.  The Dutch remain committed 
to eradicating, in the words of Foreign Minister Bot, the 
"terrible scourge" of TIP and are moving on many fronts to 
attack the problem.  We believe Ambassador Miller's visit, 
the Deputy Secretary Armitage's personal intervention with 
the Foreign Minister and sustained Embassy engagement were 
significant factors in accelerating progress by the 
Netherlands in eliminating severe forms of trafficking as 
required by the TIP Reauthorization Act.  We will continue 
to push for, among other actions, completion of continuing 
programs as well as timely release of TIP facts and figures. 
 
SOBEL