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Trafficking in Human Beings Ten years of independent monitoring Colophon Reference: National Rapporteur on Trafficking in Human Beings (2010). Human Trafficking – ten years of independent monitoring. The Hague: BNRM Bureau of the Dutch National Rapporteur P.O.Box 20301 2500 EH The Hague +31703704514 www.bnrm.nl Production and layout: Het vlakke land, Rotterdam © bnrm 2010 0 Content Overview of Figures and Tables 5 Foreword 7 1 The office of National Rapporteur 9 1.1 Introduction 9 1.2 Interviews 14 1.3 A look into the future 20 2 Recommendations and developments 23 2.1 Introduction 23 2.2 Legislation 24 2.3 International developments 31 2.4 Victims 39 2.5 Immigration law 46 2.6 Supervision, enforcement and investigation in the sex industry 57 2.7 Training, awareness and identification 65 2.8 Prosecution and trial 77 3 Data collection and statistical trends 2000 – 2009 87 3.1 Introduction 87 3.2 Data collection 87 3.3 Victims 89 3.4 Suspects and offenders 112 4 The National Rapporteur on Trafficking in Human Beings in the Netherlands: Ten Years On 139 Bibliography 145 Appendix 149 A1 Article 273f of the Dutch criminal code (non-official translation) 151 I Article 273f of the Dutch Criminal Code (valid until 1 July 2009) 151 I I Article 273f of the Dutch Criminal Code (valid from 1 July 2009) 152 A2 Explanatory notes to Figures, Tables and Statistics 155 A3 Additional tables 157 Supplement to § 3.3.1: Victims in the CoMensha register 157 Supplement to § 3.3.2 Victims and the B9 regulation 179 Supplement to § 3.3.3: Victims and compensation 192 Supplement to § 3.4.1: Suspects and offenders - Prosecution 194 Supplement to § 3.4.2: Suspects and offenders - Trial (in first instance) 203 Supplement to § 3.4.2: Suspects and offenders – Trial (on appeal) 212 Supplement to § 3.4.3: Suspects and offenders - Characteristics 215 A4 List of activities of BNRM in 2009 231 1 Interviews, meetings and working visits (Netherlands) 231 2 Congresses, symposia, study days and lectures (Netherlands) 234 3 International working visits, congresses and other activities 236 0 Overview of Figures and Tables Figure 3.1 Number of reported victims (2000-2009) Figure 3.2 Gender of reported victims (2000-2009) Figure 3.3 Age of reported victims (2001-2009) Table 3.1 Ranking of the top 5 nationalities of reported victims (2000-2009) Figure 3.4 Trend in the overall top 5 nationalities of reported victims (2000-2009) Table 3.2 Ranking of top 5 nationalities of reported underage victims (2006-2009) Figure 3.5 Proportion of underage victims among Dutch, Nigerian and other non-Dutch re- ported victims (2006-2009) Figure 3.6 Sectors in which victims were exploited (2007-2009) Figure 3.7a Notifiers (2001) Figure 3.7b Notifiers (2009) Figure 3.8 Purpose of notification: (registration ánd) shelter (2009) Figure 3.9 Number of B9 applications (2000-2009) Figure 3.10 Number of B9 awards (2000-2009) Figure 3.11 Gender of victims granted B9 status (2000-2009) Figure 3.12 Age of victims granted B9 status (2000-2009) Table 3.3 Ranking of top 5 nationalities of victims granted B9 status (2000-2009) Figure 3.13 Trend in the overall top 5 nationalities of victims granted B9 status (2000-2009) Figure 3.14 Region of origin of victims granted B9 status (2000-2009) Figure 3.15a Police regions from which successful B9 applications were made (2000) Figure 3.15b Police regions from which successful B9 applications were made (2009) Figure 3.16 Number of compensation orders made (2000-2009) Figure 3.17 Compensation orders by amount awarded (2000-2009) Figure 3.18 Compensation orders by disposition (total from 2000-2009) Figure 3.19 Compensation orders by amount paid (total from 2000-2009) Table 3.4 Overview of data on victims Figure 3.20 Number of cases registered by the PPS (2000-2009) Figure 3.21 Registered cases involving underage victims (2000-2008) Figure 3.22 Registered cases, by court district (total from 2000-2008) Figure 3.23 Nature of the registered cases (2000-2008) Figure 3.24 Registered cases, by most serious offence (2000-2008) Figure 3.25 Registered cases and preventive custody (2000-2008) Figure 3.26 Number of cases dealt with by the PPS (2000-2009) Figure 3.27 Cases dealt with by the PPS, by disposition (2000-2008) Figure 3.28 Number of cases dealt with in first instance (2000-2008) 6 Trafficking in Human Beings Ten years of independent monitoring Figure 3.29 Cases dealt with in first instance, by disposition (2000-2008) Figure 3.30 Nature of the convictions in first instance (2000-2008) Figure 3.31 Convictions, by sentence imposed (2000-2008) Figure 3.32 Custodial sentences, by length of sentence (2000-2008) Figure 3.33 Cases dealt with in first instance in which an appeal was filed (2000-2008) Figure 3.34 Number of cases dealt with on appeal (2000-2008) Figure 3.35 Cases dealt with on appeal, by disposition (2000-2004 and 2005-2008) Figure 3.36 Convictions on appeal, by sentence imposed (2000-2004 and 2005-2008) Figure 3.37 Custodial sentences imposed on appeal, by length of sentence (2000-2004 and 2005-2008) Figure 3.38 Number of suspects registered by the PPS (2000-2009) Figure 3.39 Number of persons convicted in first instance (2000-2008) Figure 3.40 Gender of suspects (2000-2008) Figure 3.41 Gender of convicted offenders (2000-2008) Figure 3.42 Age of suspects (2000-2008) Figure 3.43 Age of convicted offenders (2000-2008) Table 3.5 Ranking of top five countries of birth of suspects (2000-2008) Figure 3.44 Trend in the overall top 5 countries of birth of suspects (2000-2008) Table 3.6 Ranking of top 5 countries of birth of convicted offenders (2000-2008) Figure 3.45 Trend in overall top 5 countries of birth of convicted offenders (2000-2008) Table 3.7 Overview of data on suspects and offenders 0 Foreword This report marks the tenth anniversary of the establishment of the post of National Rapporteur on Trafficking in Human Beings as an independent monitoring mechanism of the Netherlands’ efforts to combat human trafficking. It also marks ten years of making recommendations, 200 in all. Many of those recommendations have been acted upon, the importance of some has receded and others have been regularly repeated. This report outlines the progress made in efforts to tackle human trafficking in the Netherlands over the last ten years in light of those recommendations. This report contains no new recommendations. Nevertheless, the contents clearly illustrate the aspects of the fight against human trafficking that still give cause for concern and demand vigilance. New de- velopments are highlighted that might present a different kind of challenge in the efforts to combat human trafficking. Political and public attention for the subject of human trafficking has grown in the last ten years. Tack- ling human trafficking is a priority for the police and the public prosecution service. The growing public and political awareness of human trafficking has also increased the abhorrence of this abject form of crime. The political outrage is reflected in the decision to raise the maximum sentences for this serious offence with effect from 1 July 2009. At the same time, the statistics show that the number of criminal cases registered by the district offices of the public prosecution service has fluctuated over the years and that in 2009 the figure was lower than in 2000. The statistics also show that the proportion of custodial sentences of less than one year is increa- sing, while prison sentences of more than four years are declining, both in first instance and on appeal. Any self-respecting society should do everything in its power to ensure that the five Ps, prevention, pro- tection, prosecution, punishment and partnership, which together form the cornerstone of efforts to combat human trafficking, are a constant and integral facet of anti-trafficking policies and their implementation in practice. That was also the message conveyed by the European Court of Human Rights in its judgment in the case of Rantsev versus Cyprus and Russia. Effective progress depends on cooperation between the various actors responsible for implementing the 5P paradigm. Enormous efforts have also been made in this respect in recent years. But cooperation in the anti-trafficking chain is not in itself a magic formula. Success demands a constant willingness on the part of every actor to help find solutions for those elements of the paradigm that are not necessarily their own direct responsibility. 8 Trafficking in Human Beings Ten years of independent monitoring Human trafficking is a worldwide problem. Although roughly a quarter of the registered victims in the last ten years were Dutch, the majority are still people who have fled from poverty in their own country in search of a more dignified existence, only to end up being exploited in the sex industry or in other sectors. Their experience is vividly illustrated by ‘Journey’, an exhibition that BNRM is bringing to the Nether- lands to mark its tenth anniversary. The exhibition tells the story of a young East European girl who was trafficked for the purpose of exploitation in prostitution in the United Kingdom. The exhibition makes a deep impression and provides inspiration for continuing the fight against human trafficking. For the last ten years the Rapporteur has held a mirror up to the agencies engaged in the fight against human trafficking in the Netherlands. They have looked in that mirror. Various agencies and individuals helped in the production of this report.
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