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Trafficking in Human Beings. First report of the Dutch National Rapporteur

Document number
1151
Date
2002
Title
Trafficking in Human Beings. First report of the Dutch National Rapporteur
Author/publisher
Anna Korvinus, National Rapporteur, Bureau of the Dutch National Rapporteur on Trafficking in Human Beings
Availability
View/save PDF version of this document
Document type(s)
Research/Study/Analysis,
Keywords
The Netherlands, Human trafficking,
Summary
For this first report information has been brought together in various fields and with respect to various aspects. To do this contact was made and also maintained with many national and (on a still modest scale) international actors. An attempt has been made to give a reliable picture of the situation in the field of legislation and regulations, investigation and prosecution, as well as to provide an overview of bodies and people in any way involved in the many-headed phenomenon of THB. Support for victims and prevention interests are also discussed. What is offered is based on - as thorough as possible - an initial exploration. This initial exploration makes it clear that a lot is already happening in the Netherlands in the field of preventing and combating THB and in support for victims. In the preceding chapters, however, all sorts of key problems and points for attention also emerged. This last chapter focuses particularly on those points where improvement is feasible. The findings, conclusions and recommendations set out here must be understood in the context of the detailed descriptions in the preceding chapters, as well as in their relation to one another. RECOMMENDATIONS INCLUDE: National regulation will have to be supplemented with a more comprehensive criminal provision in order to cover these other forms of exploitation. It is important that victims make themselves known and are prepared to make a statement against their procurers, transporters, traffickers and/or operators and profiteers. The B-9 regulation is the first step towards this. The regulation does however seem more motivated at making available an illegal alien, who wants to cooperate with the competent authorities in the investigation and prosecution of THB, in an administrative law regulated, legalised situation, than at providing facilities in the area of social and legal assistance that are directly and primarily related to the victimhood of the person involved. If combating (international) THB is taken seriously, with the assumption of the notion of infringement of human rights, then the government in upholding its immigration legislation must with respect to the victim give way to the general interest of investigation and prosecution of the possible perpetrators, including recognition of what has been done to the victim. To take this approach further, which does not simply - instrumentally - involve cooperation of the victim in the conduct of the case and recognition of their possible part as a witness in this, a larger-hearted government policy is advocated to grant a longer-term or permanent residence permit to the victim on humanitarian grounds at the end of the proceedings. It is worth serious recommendation that within the B-9 regulation it is made possible to work, or to offer training facilities and/or other activities to fill the day. Although in the Netherlands the client (of full-age prostitutes) is not criminalised, a channelling discouragement policy may be appropriate, in view of the fact that the prostitution market has been split since the ban on brothels was lifted into a legal and a prohibited segment. Encouragement should be given to turning away from prohibited types of running of prostitution in favour of the legal forms regulated by conditions in licences. In view of the crucial importance of a professional, well-functioning support, the government will, even more than now, have to invest in structural financing, linked with quality requirements and control, where necessary in conjunction with support in the management and further professionalisation of reception and support.
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