28 638 Human trafficking

No. 119 Letter from the Minister Of Security And Justice

To the President of the House of Representatives of the States General

The Hague, 23 June 2014

With this letter I inform you about a number of promises made during a General Consultation with the House of Representatives on 31 October 2013 (Parliamentary paper 28 638, no. 108). With this letter, I also respond to the request of the Standing Committee on Security and Justice to give my opinion on two reports and the associated resolutions of the European Parliament and the Council of Europe.

State of affairs - Wrp As a consequence of the motion Strik et al. (Parliamentary paper 32 211, L), you received on 3 March 2014 the amendment of the Wet regulering prostitutie en bestrijding misstanden seksbranche (Wrp) (Regulation of Prostitution and Combating Abuses in the Sex Industry Act). The obligation for prostitutes to register and the duty of the customers to ascertain will be removed from the original legislative proposal with this proposal to amend the bill. I consider it very important that a uniform licencing system for all sex businesses, the register of escort licences and the age limit of 21 years are implemented as quickly as possible.

Social position of the prostitute During the General Consultation on human trafficking and prostitution, there were many questions on actions to improve the social position of prostitutes. I hereby take this opportunity to again explain the measures for improving the social position of prostitutes. In my letter dated 27 October 2011 (Parliamentary paper 32 211, no. 63), I presented an action plan “to strengthen the social position of prostitutes” as part of the implementation of the Arib motion. The measures in this plan relate to the subjects of employment-law position, social security, exit opportunities, the role of banks and insurers, information provision and the Wrp. Greater information provision was realised1 and there was contact with the Dutch Association of Insurers and the Dutch Banking Association to discuss problems experienced. The opportunities to exit prostitution have been increased via exit programmes.2 The tax authorities are currently evaluating the conditions package (opting-in scheme).3 The Wetenschappelijk Onderzoek- en Documentatiecentrum (WODC) (Research and Documentation Centre) is currently performing a baseline measurement for the Wet regulering prostitutie en bestrijding misstanden seksbranche (Wrp) (Regulation of Prostitution and Combating Abuses in the Sex Industry Act) that will be complete by the end of 2014. One of the components is a measurement of the social position of prostitutes in the eyes of prostitutes themselves. In combination with the entry into force of the Wrp, the results of this measurement offer a good moment for extra targeted action to improve the position of prostitutes. The commitment is to further standardise the relationships between operators and prostitutes. In this context, I have regular contact with my esteemed colleague from Sociale Zaken en Werkgelegenheid (SZW) (Social Affairs and Employment Inspectorate).

------1 For an explanation, see point 3 under the heading ‘Social position of the prostitute’. 2 For an explanation, see point 5 under the heading ‘Social position of the prostitute’. 3The conditions package means that a prostitute does not work in paid employment for the operator, but that the operator withholds taxes and premiums from the income of the prostitute via an agreement with the Tax Authorities and surrenders it to the Tax Authorities and the Uitvoeringsinstituut Werknemersverzekeringen (UVW) (Employee Insurance Agency).

Together with the municipalities, I am working on this theme in the national prostitute programme via the pijlar ‘verbetering sociale positie’ (Social position improvement pillar). Improving the social position of prostitutes is envisaged along the following lines:

1. Algemene Maatregel van Bestuur (AMvB) (Governmental Decree) for the Wrp To strengthen the social position of the prostitute, it is essential that a number of mandatory measures are taken within the prostitution business. Section 24 of the Wrp determines that the operator must submit a business plan when applying for a licence, so that it can be assessed beforehand whether the operator has proper consideration for the position of the prostitute and whether good working conditions are ensured. The business plan must, in any case, describe what measures the operator is taking to protect the health, safety and the right to self-determination of the prostitute and generally in the field of hygiene. The AMvB prescribes further rules regarding these measures, so that minimum conditions are satisfied nationally. In addition, supplementary rules can be prescribed by municipal by-law.

2. Complaints office for prostitutes During the debate of the Wrp in the Senate on 8 July 2013, I was asked whether the GGD was a sufficiently dependable safety net to which prostitutes could turn with their complaints. Several groups argued for an independent supervisory body in the form of a National Ombudsman. In my response to this, I indicated the possibility of comparing what the Nationaal Rapporteur Mensenhandel en Seksueel Geweld tegen Kinderen (National Rapporteur) (National Rapporteur on Trafficking in Human Beings & Sexual Violence Against Children), the National Ombudsman and the municipal ombudsmen have to offer. Contact with these parties has shown that they attach some importance to an office where prostitutes can go with their complaints. However, none of these organisations see a role for themselves in this. Exploratory talks were held with the umbrella organization GGD GHOR Nederland about a possible role in the realisation of a ‘national complaints office’. GGD GHOR Nederland is favourably inclined towards this, although it does not accept the suggestion that it offers an insufficiently dependable safety net. To give this form, I will act together with the municipalities, and enter into further consultations with GGD GHOR Nederland as soon as possible.

3. Informing and advising prostitutes / detecting abuses Information on working in the prostitution sector is available for prostitutes and local organisations offering assistance. Information on exploitation is also available for these target groups. The website www.prostitutiegoedgeregeld.nl provides information on the rights and obligations in the field of labour law (work, working conditions), social security, taxes, health, residency in the , shelters and housing, possible victimhood of human trafficking and information centres. This digital information is available in eight languages. In addition, leaflets on exploitation and prostitution are available in 14 languages, and they can be obtained on request for free. To detect and combat abuses, including human trafficking, in the prostitution sector, I appeal to all involved. The successful campaign called 'Schijn Bedriegt' (Appearances are Deceptive) of Stichting M. has for that reason been extended and will continue until 2016. Not only do I appeal to customers of prostitutes via a targeted campaign, but also to prostitutes and help services.

4. Lobby organisations for prostitutes I promised to provide the Senate with the report from Stichting Geisha (Geisha) regarding the ‘Mobilisatie sekswerkers’ (Sex workers mobilisation) project with a government response. I hereby also offer you this report as appendix to this letter4. The report shows the importance of a self- organization for prostitutes. I also see the added value of a representative for prostitutes. A self- organisation is better able to support the prostitute target group and inform (local) government about developments that occur in the prostitution sector. It concerns a self-organisation that is able to stand up for the interests of prostitutes and strengthen the position of prostitutes. Earlier, I also indicated, partly on behalf of my esteemed colleague from Sociale Zaken & Werkgelegenheid (SZW) (Social Affairs Employment Agency), that I was prepared to involve self-organisations, which properly represent the interests of prostitutes, in prostitution policy.5

Structural consultation with prostitutes and lobbyist organisations is desirable at both local and national level. Over the years, it has become apparent that lobby organisations for prostitutes are often insufficiently representative, effective and sustainable. To prevent this, I suggest structurally facilitating the representation of interests as follows: - municipalities are stimulated to develop prostitution policy in cooperation with the lobbyist organisations and the prostitutes working in their municipality; - the cabinet facilitates a prostitution policy platform that meets annually. Representatives of central government, a number of municipalities and, of course, the lobbyist organisations are welcome on this platform; - in the coming period, the cabinet supports a self-organisation to represent the interests of prostitutes at supralocal level and to support the implementation of the Wrp.

5. Exit programmes for prostitutes Getting out of prostitution is often difficult. The stigma attached to this profession results in a gap in one's CV which makes finding work outside the sector more difficult. Mentally, switching to another profession is also a very difficult task. Consequently, it is important that this target group has special programmes to definitively break away from work as a prostitute. With reference to the motion from the members Van der Staaij and Segers (Parliamentary paper 33 750 VI, no. 80), the cabinet will provide financial resources for the exit programmes for a period of 4 years, with the aim of realising a nationwide network of these programmes. Special attention will be given to the quality of the programmes. Training and evaluation meetings with the implementers of the exit programmes will therefore also occur in this period.

Chamber of Commerce During the General Consultation on human trafficking and prostitution, the member Rebel (PvdA) asked for a written explanation of the measures to guarantee the privacy of prostitutes regarding their registration in the Trade Register of the Chamber of Commerce. Self-employed prostitutes must register with the Chamber of Commerce just like any other self- employed persons in the Netherlands. The Trade Register is public meaning business details can be accessed by the public via this register.

Considering the special nature of the sector and in the interests of privacy and the safety of prostitutes, the Chamber of Commerce now makes it easier for prostitutes to have their home address blocked and prostitutes are no longer described in the Trade Register as prostitutes in the description of their activities.

4 It can be accessed via www.tweedekamer.nl 5 in the letter of 25 June 2013 the Senate in the response to the motion Strik et al. (Parliamentary paper 32 211, K).

Language test During the General Consultation on human trafficking and prostitution, I promised the members Rebel (PvdA) and Kooiman (SP) to investigate the experiences with the language test in . Amsterdam's municipal council enacted an amended Algemene Plaatselijke Verordening (APV) (General Municipal By-law) regarding prostitution on 4 July 2013. The municipality included the term ‘zelfredzaamheid’ (self-reliance) as a requirement for prostitutes to be able to work in Amsterdam's licenced prostitution sector. In doing so, Amsterdam complies with Section 3 of the Wrp draft decree which states that the operator forms an opinion over the degree of self-reliance of the prostitute before she starts to work for or with him. The Municipality of Amsterdam obliges operators, based on an Algemene Plaatselijke Verordening (APV) (General Municipal By-law), to hold an intake interview with each of the prostitutes working for them. In this way, the operator must ascertain that a prostitute is sufficiently self-reliant. The self-reliance of the prostitute primarily relates to being able to exercise the profession properly and safely. According to Amsterdam, an important part of this self-reliance is the ability to communicate at an acceptable level with operators, supervisory officers and customers. If the operator doubts whether the prostitute has adequate language proficiency to be self-reliant, he can refer her to Amsterdams Adviesteam Prostitutie (Amsterdam's Advisory Team on Prostitution). The consultation provides a picture of the degree of self-reliance of a prostitute. The language test forms a part of this consultation. The aspects and factors for assessing this self-reliance are not assessed alone, but integrally. It is absolutely not intended to prevent vulnerable people from taking up work in the prostitution sector. Experiences with the language test are still insufficient to be able to make a judgement on this aspect of the self-reliance test. In the formation of an opinion, an account is also taken of European legislation, especially article 45 (free movement of workers) and article 56 (free movement of services) of the Treaty on the Functioning of the European Union (TFEU). Amsterdam talks of positive experiences with the self-reliance test to date. The municipal council received an evaluation from the Amsterdams Adviesteam Prostitutie after the summer. The nature and size of the prostitution sector varies per city and I leave it up to the municipality to determine the details of the test for self-reliance. I can imagine that in some municipalities the requirement on the operator regarding self-reliance, based on the Algemene Maatregel van Bestuur (AMvB) (Governmental Decree), is sufficient. I look forward with interest to seeing how things develop in Amsterdam. The experiences of Amsterdam as a consequence of the tightened Algemene Plaatselijke Verordening (APV) (General Municipal By-law) are a recurring theme in the national prostitution programme. Thankful use is made of these experiences.

‘One strike you’re out’ In the debate on 31 October 2013, member Segers (CU) proposed applying the principle of "one strike, you're out" (hereinafter: OSO) in the prostitution sector. In doing so, a property owner who has ignored signs of human trafficking before could be prevented from continuing to earn income from renting his premises to prostitution businesses. The case of the Zandpad in the Municipality of Utrecht partly forms the basis of this idea. As promised, I have looked into whether the current judicial and/or administrative instruments offer sufficient points of reference to apply OSO. In addition, pending legislation also relates to this.

Seizing criminal assets is a valuable tool in the fight against criminality (Aanwijzing Afpakken (Seizure Instruction) 1/1/2014, Government Gazette 2013, no. 35782). Criminal law allows for seizure possibilities such as confiscation pursuant to s. 33a of the Penal Code and confiscation of the proceeds of crime pursuant to s. 36e of the Penal Code. The effectiveness of the seizure comes first when considering the choice of (the combination of) seizure possibilities. Application of these instruments will simply occur in the scope of criminal prosecution owing to the crimes that occur most frequently in this regard, such as facilitating human trafficking pursuant to s. 273f of the Penal Code and/or money laundering (s. 420a of the Penal Code and s. 420c of the Penal Code).

Administrative law also offers possibilities of contributing to the principle of OSO. The mayor has various options for temporarily and permanently closing or even expropriating premises, establishments or residences. Here it concerns closure on the grounds of Section 174a of the Gemeentewet (Municipalities Act) (Victoria Act), closure on the grounds of Section 14 of the Woningwet (Housing Act) (Victor Act) and Expropriation pursuant to Section 77 of the Onteigeningswet (Expropriation Act). On the basis of Section 3 of the Wet Bibob (Public Administration (Probity Screening) Act), a municipality can refuse to extend a requested licence or revoke a current licence. The role of the property owner/lessor can be accounted for in the assessment by the Landelijk Bureau Bibob (National Public Administration Probity Screening Agency).

A licence can be refused based on Section 15 of the Wrp, if the licence wholly or partly relates to running a prostitution business in a sex establishment (premises) for which a licence was refused before, or a prostitution business was run in the sex establishment without a licence before. A licence can also be refused to a sex business during a period of five years, after the licence is revoked on the grounds of Section 17 or 18 of this act.

In view of the above, I believe that, if the Wrp is passed into law, the statutory instruments offer sufficient opportunities to apply OSO, if used efficiently. By the implementation of the Wrp, I will actively bring the abovementioned opportunities to the attention of the municipalities, police and Public Prosecution Service. Experiences and ‘best practices’ are continuously exchanged in the national programme. Experiences closing window prostitution areas and tippelzones (tolerance zones) have also been exchanged, as promised during the General Consultation on 31 October last year (Parliamentary paper 28638, no. 108).

International During the debate on 31 October, the international context of the subjects also came up. Human trafficking, including forced prostitution, is a cross-border problem. International cooperation is therefore essential for an effective approach to human trafficking. Intensive cooperation with important source countries of victims of human trafficking, such as Bulgaria, and , is aimed at improving the approach to human trafficking in these countries and at strengthening cooperation with the Netherlands in this approach. This cooperation has led to successful joint criminal investigations. The projects in the source countries do not relate to the fact that women from these countries can come to the Netherlands to work here in the prostitution sector voluntarily. During the General Consultation, I promised the members of the Taskforce Aanpak Mensenhandel (Human Trafficking Taskforce) to investigate whether they could provide a picture of the number of prostitutes moving from Bulgaria, Hungary and Romania to the Netherlands each year, despite the absence of registration, and whether this has changed in recent years. The relevant organisations in the Taskforce Mensenhandel (Human Trafficking Taskforce) indicated that it was not really possible to make a good estimate of the number of prostitutes moving from those countries to the Netherlands, partly because of the absence of a national registration of the influx of prostitutes – as opposed to the registration of victims of human trafficking.

In contrast to the policy on human trafficking, prostitution policy is entirely the responsibility of the member states of the European Union. Each member state must combat abuses in the prostitution sector within their own prostitution policy. The way in which this policy is given form depends on factors such as cultural background and developments in a country. In recent months, the European Parliament (EP) and the Parliamentary Assembly of the Council of Europe (CoE) debated the effect of various forms of prostitution policy on human trafficking. The Standing Committee on Security and Justice of the House of Representatives asked me, by letter dated 27 March 2014, to respond to the report on ‘Sexual exploitation and prostitution and its impact on gender equality’ of the European Parliament and the resolution flowing from this, and on the 'Prostitution, trafficking and modern slavery in Europe' report of the Council of Europe (CoE).6

'Prostitution, trafficking and modern slavery in Europe' report and resolution The 'Prostitution, trafficking and modern slavery in Europe' report of the CoE was drafted by a rapporteur of the Committee on Equality and Non-discrimination of the Parliamentary Assembly. The report forms the basis of a resolution that was adopted with a number of amendments on 8 April 2014. In the resolution, the CoE emphasises the legitimacy of member states to create their own prostitution policy. In addition, the CoE stated that the so-called ‘Swedish prostitution model’ (criminalization of all customers of prostitutes) probably combats human trafficking the best. Irrespective of a member state's choice of prostitution policy, the CoE believes that it must also contain policy measures to protect prostitutes. For this reason, several recommendations were made with respect to the prostitution and human trafficking policy of member states. The resolution comprises recommendations to set up exit programmes for prostitutes, offering prostitutes tailored assistance outside the current work area, implementing the EU human trafficking directive (2011/36/EU), organising conscious-raising campaigns on the relationship between human trafficking and prostitution and stimulating research into prostitution.

6 http://www.europarl.europa.eu/RegData/etudes/etudes/join/2014/493040/IPOLFEMM_ET(2014)493040_EN.pdf http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?&reference=2013/2103(INI) http://assembly.coe.int/ASP/Doc/XrefViewPDF.asp?FileID=20559&Language=EN

In the resolution, the member states are also called upon to consider the Swedish model as the most effective policy of preventing and combating human trafficking. In the case where member states have chosen to legalize prostitution, recommendations include a minimum age of 21 years, regulating this market and ensuring that this regulation applies to all types of sex businesses. Furthermore, the Dutch barrier model, where strict conditions are placed on sex businesses and businesses are consequently regularly checked, is given as a recommendation.

‘Sexual exploitation and prostitution and its impact on gender equality' report and resolution On 26 February 2014, the EP approved a resolution on sexual exploitation and prostitution and the impact thereof on gender equality.7 The recommendations in the resolution relating to action of the member states are for the most part comparable with those of the CoE. It is up to the member states whether they follow these recommendations or not. The resolution was drafted by the committee with respect to ‘Women’s rights and Gender Equality’ (FEMM committee), partly based on the report, ‘Sexual exploitation and prostitution and its impact on gender equality’.8 This report focuses on the prostitution debate in Europe. It also established the two opposing opinions on prostitution. The so-called abolitionist approach assumes that every form of prostitution is a violation of women's rights and that it flows from the subordinate economic position of women (who sell sex) relative to that of men (who buy it) and sexual violence in society that mainly affects women. Particularly poor women with a history of violence are assumed to choose prostitution – forced by their circumstances. The so-called regulating approach assumes that prostitution occurs voluntarily, that regulation improves the position of prostitutes and that abuses can be better combated with regulation. To illustrate the difference in this approach, four case studies were presented on the policy pursued in Germany, the Netherlands, and Sweden. The EP report concluded that it could not be established which prostitution policy approach was the most effective in reducing human trafficking. According to the report, the figures and statistics revealed in the research into prostitution in Europe must be handled carefully as the calculations are based on estimates. A lot more independent research is needed to determine what the most effective model is for combating human trafficking in the form of sexual exploitation.

Reaction to the reports and resolutions The Dutch prostitution policy does not match the Swedish prostitution model. The Netherland falls under the regulating approach. In the prostitution policy, a lot of attention is given to the position of prostitutes and greater commitment is made within the scope of the emancipation policy towards increasing the economic self-reliance of women, increasing awareness of inequality and power differences between men and women, and increasing the sexual assertiveness of youth. In the realisation of the Wrp, other prostitution models other than the regulating model were also considered in consultation with a large number of parties. The cabinet came to the conclusion that with further regulation of the prostitution sector, voluntary prostitution could occur with an eye for the safety, health and the right to self-determination of prostitutes by which abuses could be combated. Combating human trafficking is and remains a priority and the Netherlands already satisfies the recommendation in the resolution to implement the EU human trafficking directive (2011/36/EU). The Netherlands also satisfies other recommendations in the resolutions. Prostitutes in the Netherlands can go to the GGD and to special centres set up to offer prostitutes help. For the coming four years, the cabinet has made EUR 3 million available per year for exit programmes for prostitutes and will continue investing in research into prostitutes in the coming years. Furthermore, as stated earlier the campaign of Stichting M, aimed at raising awareness for human trafficking in the prostitution sector and detecting signs of human trafficking, has been continued and was made public on 12 June 2014. The recommendations of the resolutions show that the Wrp is desirable now more than ever. With the Wrp, all commercial forms of prostitution are regulated nationally and a minimum age of prostitutes of 21 years is enforced. The findings of the EP report that more research is needed to draw conclusions on the effects of various forms of prostitution policy correspond with the findings of the National Rapporteur. She emphasized in her Ninth Report that “answering the question to what degree the legalization of prostitution would lead to more human trafficking [...] is (still) impossible based on the figures” owing to a lack of reliable data on visible and hidden human trafficking.

7 (2013/2103(INI)) 8 The FEMM committee asked the Directorate-General for Home Affairs to explain the background information in the international literature on sexual exploitation, prostitution and the influence thereof on gender equality. This resulted in the report ‘Sexual exploitation and prostitution and its impact on gender equality’.

According to the National Rapporteur, research into the effect of the legalization of prostitution on human trafficking and sexual exploitation is also complicated because the total extent of human trafficking in the sense of sexual exploitation is not exclusively dependent on prostitution policy.9

Research into the relationship between the legalization of prostitution and human trafficking During the General Consultation on Human Trafficking and Prostitution, the member Segers asked me to initiate research into the relationship between the legalization of prostitution and the existence of human trafficking based on an international comparison. I indicated that no separate research would be performed in this regard, but would ask the Wetenschappelijk Onderzoek- en Documentatiecentrum (WODC) (Research and Documentation Centre) to include this in the current baseline measurement. With reference to the findings of the National Rapporteur and contact with the WODC on the performance of such research, the conclusion was that it is currently not possible to include the relationship between the legalization of prostitution and the existence of human trafficking based on an international comparison in the baseline measurement of the WODC. For such research, comparable international figures of visible and hidden human trafficking are in any case needed, as is better insight into the nature and size of the prostitution sector and insight into all other factors in various countries that affect the occurrence of human trafficking in a country. The way in which figures are collected and interpreted in various countries are currently so diverse that sound comparisons are not possible. However, the baseline measurement of the WODC does form the basis for better insight into (the nature and size of) the prostitution sector in the Netherlands. This contributes to the possibility of performing research in the future, into the relationship between the currently proposed regulation of prostitution and the existence of human trafficking in the Netherlands.

Finally I promised you that I would discuss the possibilities of a ‘pooier verbod’ (pimp ban). The WODC is currently taking stock of these possibilities.

Expectations are that a detailed overview, including interviews with several councillors, will be completed this autumn. On the basis hereof I will inform you further.

The Minister of Security and Justice,

I.W. Opstelten

9 For a detailed response from the National Rapporteur to attention for the effects of prostitution policy on human trafficking in the sense of sexual exploitation, see: http://www.nationaalrapporteur.nl/actueel/nieuws/2013/20130920-zorgt-gelegaliseerde-prostitutie-voor-meermensenhandel. aspx?cp=63&cs=59417.