Human trafficking in the Netherlands
Encyclopedia
Human trafficking in the Netherlands is a problem which affects particularly women and girls, who are forced to work in the sex industry. In the year of 2009 there were 909 registered victims of human trafficking.
The Netherlands is primarily a source and destination country for men, women, and children subjected to trafficking in persons, specifically forced prostitution and forced labor, though, to a lesser extent, it is a transit country for such trafficking.
The top five countries of origin for victims are the Netherlands, China, Nigeria, Hungary, and Sierra Leone.
The Netherlands has an extensive network of facilities providing a full range of trafficking-specialized services for children, women, and men; the government provided victims with legal, financial, and psychological assistance, shelter (in facilities that also serve victims of other crimes), medical care, social security benefits, and education financing. In addition, the Dutch national victim registration center gave workshops in the Netherlands Antilles and Curacao on setting up referral mechanisms for trafficking victims. Dutch authorities provided temporary residence permits to allow foreign trafficking victims to stay in the Netherlands during a three-month reflection period, a time for victims to receive immediate care and assistance while they consider whether to assist law enforcement, and separately, during the investigation and prosecution of their traffickers. The government provided permanent residence status to some victims, based on particular conditions. Since January 2008, the government has provided single underage asylum seekers with intensive counseling in secure shelters that protect them from traffickers; since then, the Justice Ministry has reported that fewer have disappeared from state care. The government encouraged victims to assist in the investigation and prosecution of traffickers. Nevertheless, victims were often reluctant to assist law enforcement personnel, due to fear of reprisals from traffickers. There were no reports that victims were punished for unlawful acts committed as a direct result of being trafficked. To facilitate safe and voluntary repatriation, the Ministry of Foreign Affairs has developed a system to evaluate victims’ safety in five countries of return. The Ministry considers the country’s legal framework, women’s social and economic situation, availability of shelter and social reintegration programs, and the risk of reprisals, among other criteria.
The Netherlands is primarily a source and destination country for men, women, and children subjected to trafficking in persons, specifically forced prostitution and forced labor, though, to a lesser extent, it is a transit country for such trafficking.
The top five countries of origin for victims are the Netherlands, China, Nigeria, Hungary, and Sierra Leone.
Number of registered trafficking victims by year
year | number of victims |
---|---|
2010 | 993 |
2009 | 909 |
2008 | 826 |
2007 | 716 |
2006 | 579 |
2005 | 424 |
2004 | 405 |
Prosecution
The government demonstrated progress in convicting sex trafficking offenses, though prosecutions of labor trafficking offenses remained low. The Netherlands prohibits all forms of trafficking through Criminal Code Article 273. In July 2009, at the initiative of the Justice Minister, the government toughened the maximum sentences for trafficking in persons from 15 years’ to 18 years imprisonment. These penalties are sufficiently stringent and commensurate with those prescribed for other serious crimes. The 2009 national rapporteur’s report stated that the law does not precisely define where poor employment conditions end and labor trafficking begins. In 2009, eleven regional human trafficking prosecutors were appointed to handle complicated human trafficking cases. Police completed and referred for prosecution 215 human trafficking investigations in 2008, the last year for which trafficking statistics were available, compared with 281 in 2007. In 2008, verdicts were handed down in 116 cases, of which 79 were convictions, compared with 73 convictions in 2007. There were 33 acquittals, and 4 dismissals in 2008, compared with 14 acquittals and 2 dismissals in 2007. According to the national rapporteur, since 2006, when the definition of trafficking was expanded to include labor exploitation, the government has prosecuted 12 labor trafficking cases, resulting in convictions of two trafficking offenders in 2007, and one in 2008 and 2009. The average sentence for convicted sex trafficking offenders was approximately 21 months, the same average for sentences imposed in 2007. The highest sentence for labor trafficking – a four-year prison term – was handed down in 2009. During the year, the Justice Minister tightened the rules for granting parole to convicted criminals after two convicted trafficking offenders escaped during temporary parole. There were no reports of trafficking-related official complicity during the reporting period. In 2009, the government-funded Judiciary Study Center began to offer special anti-trafficking courses to public prosecutors as well as judges. The Dutch government forged anti-trafficking partnerships with other governments by providing trafficking-specific technical expertise on investigating and prosecuting trafficking cases, specifically collaborating with the Netherlands Antilles, Aruba, Nigeria, Bulgaria, Romania, and Hungary.Protection
The Netherlands made clear progress in ensuring the protection of trafficking victims during the reporting period, specifically by identifying and assisting an increased number of victims. The government continued to provide training to help law enforcement officials, labor inspectors, immigration officers, and other authorities identify and assist trafficking victims, and in 2009, the government registered 909 victims, an increase from 826 victims in 2008. Local governments were responsible for regulating and inspecting legalized prostitution venues, on average six times per year; the national police monitored performance of this requirement.The Netherlands has an extensive network of facilities providing a full range of trafficking-specialized services for children, women, and men; the government provided victims with legal, financial, and psychological assistance, shelter (in facilities that also serve victims of other crimes), medical care, social security benefits, and education financing. In addition, the Dutch national victim registration center gave workshops in the Netherlands Antilles and Curacao on setting up referral mechanisms for trafficking victims. Dutch authorities provided temporary residence permits to allow foreign trafficking victims to stay in the Netherlands during a three-month reflection period, a time for victims to receive immediate care and assistance while they consider whether to assist law enforcement, and separately, during the investigation and prosecution of their traffickers. The government provided permanent residence status to some victims, based on particular conditions. Since January 2008, the government has provided single underage asylum seekers with intensive counseling in secure shelters that protect them from traffickers; since then, the Justice Ministry has reported that fewer have disappeared from state care. The government encouraged victims to assist in the investigation and prosecution of traffickers. Nevertheless, victims were often reluctant to assist law enforcement personnel, due to fear of reprisals from traffickers. There were no reports that victims were punished for unlawful acts committed as a direct result of being trafficked. To facilitate safe and voluntary repatriation, the Ministry of Foreign Affairs has developed a system to evaluate victims’ safety in five countries of return. The Ministry considers the country’s legal framework, women’s social and economic situation, availability of shelter and social reintegration programs, and the risk of reprisals, among other criteria.