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Summary

A number of Dutch laws address the issue of human trafficking, including the Penal Code, the Alien’s Statute, and the Child and Adolescent Statute.  The Netherlands must also abide by the relevant European Union and Council of Europe directives on combatting human trafficking and is a party to the United Nations Convention Against Transnational Organized Crime and its Protocols.  In conformity with the 2003 Action Plan of the Organization for Security and Co-operation in Europe, the Netherlands set up a National Referral Mechanism in 2013 to coordinate assistance to trafficking victims.  The Criminal Code, the major law against human trafficking, has an extensive list of trafficking-related crimes, and in 2013 the punishments for these offenses were increased, with penalties ranging from twelve years in prison for an individual perpetrator if no bodily harm is inflicted and the victim is not a minor, to life imprisonment or up to thirty years’ imprisonment if a death occurs.

The Minister of Justice has overall responsibility for coordinating anti-trafficking policies.  Other agencies involved, aside from law enforcement, include the Dutch Immigration and Naturalization Service; the Repatriation and Departure Service under the Ministry of Justice; the National Rapporteur on Trafficking in Human Beings and Sexual Violence Against Children; the Task Force on Human Trafficking, an inspectorate under the Ministry of Social Affairs and Employment; the Royal Dutch Constabulary; a network of Regional Information and Expertise Centres; and CoMensha, which maintains a national register of trafficked persons.

Police officers take an anti-trafficking course as part of their standard training, and officers specializing in the field must pass an examination following the course and sign a code of conduct.  The Netherlands has established four specialized courts for handling trafficking cases, and both judges and prosecutors have been given specialized training in applying anti-human-trafficking laws and in handling traumatized victims.  The Netherlands has also funded special projects to enhance the fight against human trafficking in several other countries.

I.  Introduction

The 2015 Trafficking in Persons Report published by the US Department of State describes the Netherlands, which is categorized as a “Tier 1” country, as “a source, destination, and transit country for men, women, and children from the Netherlands, Eastern Europe—including Roma—Africa, and South and East Asia subjected to sex trafficking and forced labor in shipping, offshore oil exploration, agriculture, horticulture, catering, food processing, cleaning, and forced criminal activity.”[1]  The report goes on to state that among the most vulnerable persons are “Dutch girls enticed by young male traffickers, unaccompanied children seeking asylum, women with dependent residency status obtained through fraudulent or forced marriages, domestic workers of foreign diplomats, and women and men recruited in Eastern Europe, Africa, and Asia,” and that participation by Dutch citizens in child sex tourism abroad has been reported.[2]

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II.  National Policy to Combat Human Trafficking

A.  Action Plan 2011–2014

For the period 2011–2014, the Dutch government instituted the “Government-Wide Approach to the Loverboy Problem: Action Plan 2011–2014.”[3]   “Loverboy victims” is a term used to refer to Dutch underage female victims of human trafficking, although social workers have interpreted the term in various ways.[4]  According to the Action Plan report,

[c]onsiderable efforts have been made in the areas of prevention, investigation and prosecution in the last few years [in connection with the loverboy problem]. Various prevention projects have been started, curricula have been developed for primary and secondary schools, films have been produced and social media have been used for prevention campaigns. . . . Progress has also been made in relation to the investigation and prosecution of offenders. For example, in a two-year pilot project in Rotterdam, the police are developing innovative methods for establishing contact with victims and offenders, such as taking part in online chat sessions to investigate who is initiating contacts with underage girls and how they are doing it.[5]

B.  National Referral Mechanism

The 2003 Action Plan of the Organization for Security and Co-operation in Europe (OSCE) makes reference to the appointment of national coordinators as an element of national referral mechanisms for giving help and protection to victims of trafficking; under the Action Plan, the mechanism “should create a framework that both enables the member state to meet its obligations towards victims and provide a mechanism in which civil-society organisations and the relevant government institutions can cooperate.”[6]

The Dutch National Referral Mechanism was launched in October 2013 as a joint project of three ministries: the Ministry of Security and Justice; the Ministry of Health, Welfare and Sport; and the Ministry of Social Affairs and Employment.[7]  The National Referral Mechanism aims to improve help and support, and access, for all victims of human trafficking, by mapping the regulations and rights for victims of trafficking and any potential bottlenecks; identify and protect victims; and investigate and prosecute perpetrators. The National Referral Mechanism focuses on all forms of exploitation: sexual exploitation, labor exploitation, exploitation through forced begging or stealing, and exploitation by forced confinement, as well as trafficking for the purpose of organ removal.[8] 

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III.  Legal Framework

A.  Constitution

The Constitution of the Kingdom of the Netherlands provides the general right of inviolability of the person.[9] 

B.  Criminal Code

The major law on trafficking in the Netherlands is the Criminal Code.  Article 273f prohibits all forms of human trafficking, including trafficking in organs, trafficking to exploit minors, trafficking for purposes of sexual exploitation, trafficking for the performance of work or services, and trafficking for intentional profit from exploitation of other persons.[10]  In 2013, the punishments for human trafficking were made more stringent; a single offense of trafficking involving any of the abovementioned types of acts will now incur upon conviction a maximum sentence of twelve years’ imprisonment or a fine of the fifth category.[11]  For offenses committed by two or more persons in concert against a person under the age of eighteen or any other person who is abused while in a vulnerable position, or if violence is used in the commission of the abovementioned offenses, the punishment will be up to fifteen years of imprisonment or a fine of the fifth category;[12] if the offense results in grievous bodily harm or is likely to endanger another person’s life, the prison term will be up to eighteen years or a fifth-category fine;[13] if any of the offenses result in death, the penalty is life imprisonment or imprisonment for up to thirty years or a fine of the fifth category.[14]  In the view of the US State Department, “[t]hese penalties are sufficiently stringent and commensurate with those prescribed for other serious crimes, such as rape.”[15]  

The Criminal Code defines exploitation to include, at a minimum, “exploitation of another person in prostitution, other forms of sexual exploitation, forced or compulsory labour or services,” forced begging, slavery or practices similar to it, servitude, and forced criminality.[16]

Under a new provision adopted in 2013, the Code defines “vulnerable position” (kwetsbare positie) as including a situation in which a person has no real or acceptable alternative but to submit to the abuse.[17]

Article 251 of the Code, which provides for disqualification from certain rights held by, e.g., persons holding certain offices or practicing certain professions because of the commission of certain criminal offenses, and also for disqualification from the practice of a profession if such offenses are committed in the practice of the profession, also applies to the trafficking offenses.[18]

C.  Code of Criminal Procedure

Certain provisions of the Code of Criminal procedure, in particular those on threatened witnesses, may also apply in the case of human trafficking crimes.[19]

D.  Alien’s Act

The Aliens Act states that an alien who is a victim or a witness reporting human trafficking will not have his or her application for a residence permit for a fixed period turned down due to the lack of a valid temporary residence permit.[20]  Thus, illegal foreign nationals who report human trafficking to the Dutch authorities as either a victim or a witness will be able to stay in the Netherlands temporarily, but legally, during the investigation and prosecution of the human trafficker.[21]  This regulation also applies to human trafficking victims “who are cooperative in the criminal investigation or prosecution other than by reporting it to the police.”[22]  Formerly, the regulation was called the B9 regulation, based on the relevant chapter of the Aliens Act Implementation Guidelines 2000.  These Guidelines have been renumbered, however, and the regulation, now called the Residency Regulation Human Trafficking but not changed in content, is now found in chapter B8(3) of the Aliens Act Implementation Guidelines.[23]

E.  European Union Directives

The Netherlands is obliged as a member of the European Union to implement Directive 2011/36/EU on Preventing and Combating Trafficking in Human Beings,[24] the EU Directive on Combating the Sexual Abuse and Sexual Exploitation of Children and Child Pornography,[25] and the Directive on residence permits for victims of human trafficking.[26]

F.  Council of Europe

The Netherlands is a party to the Council of Europe Convention Against Trafficking in Human Beings (European Trafficking Convention, 2005)[27] and the Convention for the Protection of Children Against Sexual Exploitation and Sexual Abuse (Lanzarote Convention, 2007).[28]

G.  United Nations Convention Against Transnational Organized Crime

The Netherlands is a party to the United Nations Convention Against Transnational Organized Crime (also known as the Palermo Convention) and its protocols,[29] including the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons.[30] 

H.  Bills in Parliament

A legislative proposal was put forward in the Staten-Generaal (the Dutch Parliament) in late 2014 to criminalize sexual acts performed with a prostitute (or someone prostituted) when the person knows or must reasonably suspect that the prostitute is a victim of human trafficking.  As of October 2015, the proposal appeared to still be under deliberation.[31]  The punishment proposed for the offense is up to four years’ imprisonment and a fourth category fine (€20,250, about US$22,256). The initiative would amend the Criminal Code with the insertion of a new article 273g.[32]  

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IV.  Roles and Responsibilities of Government Agencies in Enforcing Laws Against Human Trafficking

The Netherlands has a range of government agencies and other key units, referred to as chain partners, that are involved in combatting human trafficking.[33]  Some of them are described below.

A.  Minister of Justice Central Co-Ordination of Anti-Trafficking Actions

The Minister of Justice is charged with the “overall responsibility for coordinating anti-trafficking policies and is responsible for the areas of law enforcement, crime prevention and immigration,” while the Ministry of the Interior has the responsibility for local policy matters.[34]  The Ministry of Foreign Affairs; the Ministry of Labour; and the Ministry of Health, Welfare and Sport also have competency to deal with human trafficking issues; each ministry has appointed a coordinator for human trafficking.  The responsible officials meet regularly in interdepartmental meetings and all the ministries meet twice a year with relevant nongovernmental organizations and the National Rapporteur.[35]

B.  Immigration and Naturalisation Service (IND)

The IND plays a role in the prompt identification and passing on of indications of human trafficking to the investigative authorities, is responsible for making residence arrangements for human trafficking victims and witnesses, and is in charge of the Human Trafficking Residence Scheme mentioned above.  The IND is characterized as having “a unique position as the administrative authority and the Netherlands’ sole admission organization,” enabling it “to deploy preventative administrative instruments and to create obstacles to counter human trafficking” and to “refuse and withdraw residence permits if the applicant does not or no longer meets the requirements of a purpose of stay.”[36] The IND also “actively takes part at various levels in the various consultations on countering human trafficking, such as the International Human Trafficking Platform and the Human Trafficking Task Force”; has a close partnership with several other anti-trafficking forces, “such as special investigative services, the Human Trafficking and Human Smuggling Centre and the Public Prosecution Service”; and participates in national and international anti-human trafficking projects.[37] 

C.  National Rapporteur

The National Rapporteur on Trafficking in Human Beings was first appointed in the Netherlands in 2000.  An independent agency, the National Rapporteur on Trafficking in Human Beings and Sexual Violence Against Children, exercises the National Rapporteur’s function, with one of its main tasks being “to analyse trends in the field of human trafficking and reflect on Dutch efforts to address them.”[38]  The National Rapporteur has the responsibility to gather “statistical data from various stakeholders on human trafficking and disseminates the information in periodic reports submitted to the government.  Reports contain concrete recommendations and are made available to the public. The government sends its reaction to the recommendations to Parliament.”[39]

D.  Task Force on Human Trafficking

The high-level Task Force on Human Trafficking, established in 2008, was headed by the chief public prosecutor of Amsterdam.  The unit “was created to identify bottlenecks in the methods of tackling human trafficking and to come up with solutions,” prioritizes efforts to fight human trafficking, and “encourages innovative methods.”[40]  It brought together “representatives of the ministries involved (Justice, Interior and Kingdom Affairs, Social Affairs and Employment, Health, Welfare and Sports, Education, Culture and Science and Foreign Affairs), the police, the Royal Constabulary (KMar),” as well as a few mayoral officials, the judiciary, and the National Rapporteur” and reported every year to the Minister of Justice.[41]  Its mandate was extended in early 2011 for another three years, until 2014, and then again in 2014 until 2017.[42]

E.  Inspectorate SZW 

Among its other supervisory and investigative tasks related to compliance with regulations on safe working conditions and illegal employment, the Inspectorate SZW (Inspectorate of the Ministry of Social Affairs and Employment (Ministerie van Sociale Zaken en Werkgelegenheid, or SZW) has the duty to detect “fraud, exploitation and organised crime within the chain of work and income (labour exploitation, human trafficking and large scale fraud in the area of social security).”[43]  It carries out this function under the direction of the Public Prosecution Service.[44]

F.  Repatriation and Departure Service (Dienst Terugkeer en Vertrek, DT&V)

The Repatriation and Departure Service (DT&V), under the Ministry of Security and Justice, arranges for the departure, voluntary or forced, of aliens from the Netherlands, and once an alien must leave the Netherlands, the agency conducts a personal interview with him or her to draw up a departure plan, during the course of which “it sometimes encounters signs of human trafficking.”[45]  If the DT&V finds signs of human trafficking, the “D9 procedure” is instituted, “the effect of which is to suspend the return procedure until a decision has been made on whether to grant the possible trafficking victim a residence permit.”[46]  The DT&V invested in training its staff to recognize signs of human trafficking and is said to have subsequently attained some success in increasing the number of victims identified during the alien repatriation process.  “The effect has been to enable the DT&V to make a significant contribution to protecting these victims.”[47]

G.  Law Enforcement

The more “traditional” partners that have been engaged in fighting human trafficking for some time include, in addition to the Inspectorate SZW, the Public Prosecution Service and the police.[48]  There is a National Public Prosecutor for Human Trafficking appointed by the PPS and there are also specialized prosecutors, called portfolio holders, who have been appointed to deal with human trafficking issues “in each district office and in the Office for Serious Fraud and Environmental Crime.”[49]

The approach against human trafficking adopted by the National Police is set forth in the National Reference Framework for Human Trafficking, which “concisely sets out the framework for the force’s tasks, responsibilities and powers and for cooperation (including information exchange) with chain partners.”[50]  The chain partners include “municipalities, the RIECs and the LIEC, the Royal Dutch Marechaussee, the Inspectorate SZW, the Tax and Customs Administration, chambers of commerce, the hotel sector, CoMensha [Coordination Centre Human Trafficking, an independent anti-trafficking organization] and others.”[51]  The police have established special teams on prostitution and human trafficking comprised of certified investigators who monitor and control prostitution venues, control the prostitution sector in regard to such matters as permit conditions, assist trafficking victims during legal proceedings, and directly intervene in cases of high suspicion of human trafficking.[52]

H.  Royal Dutch Marechaussee

The Royal Netherlands Marechaussee (RNM), or Royal Dutch Constabulary, is a gendarmerie corps (a police force with military status) responsible for state security at home and abroad.[53]  It was reported in 2014 that the RNM was drafting its own reference framework for dealing with human trafficking. “One factor perceived as a problem by the Royal Dutch Marechaussee is that combating human trafficking is not one of the force’s statutory duties . . . .  It therefore passes on relevant information about a possible human trafficking situation to the police.”[54]  In 2013, however, a proposal was made “to review whether the force’s tasks could be expanded to include carrying out its own investigations of human trafficking in relation to cross-border movements.”[55]  Although recommendations were also made in the report for the RNM to adopt innovative methods to conduct anti-human trafficking related investigations and information-gathering, it had already taken the innovative measure of establishing “a Profiling, Targeting and Tasking Centre (PTTC) to centralize the collection of relevant strategic and operational information to help in the fight against human trafficking.”[56] 

I.  CoMensha

The Coordination Centre for Human Trafficking (CoMensha), while remaining an independent organization, is incorporated in the Dutch Shelters Federation and headed by the Federation’s national coordinator. CoMensha serves as a national reporting and registration point for trafficked persons; it maintains a national register of (presumed) trafficked persons.[57]

J.  Regional Network

The Netherlands has ten Regional Information and Expertise Centres (RIECs), “established to enhance coperation between the criminal law enforcement agencies . . . and administrative bodies – primarily municipalities,” that are both information hubs and sources of expertise to help local authorities use their administrative powers effectively.[58]  One of the principal crimes RIECs focus on is human trafficking.[59]

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V.  Training Programs for Law Enforcement

A.  Police Officers

According to the US State Department, Dutch police officers, “as part of their standard training,” took part in an anti-trafficking course in 2014 that included working with victims. Moreover, “[a]nti-trafficking police officers were required to pass examinations in a training course focused on policing the sex industry” and “also had to sign a code of conduct before working in this sector.”[60] The course to which the State Department refers may be the Certification Training in Trafficking (Opleiding Certificering Mensenhandel).[61] The stated purpose of the course is to teach the officers how, as human trafficking investigators, they can contribute to the fight against human trafficking, with the target group being police officers at MBO level 4 who work or are going to work in tackling migration crime.[62] The structure of the program is to teach the relevant laws and regulations on human trafficking; the means of preparing, executing, and handling administrative control in connection with trafficking; aspects of victim and perpetrator behavior; communication and conversation skills and how an officer’s own attitudes and behavior play an important role; and how to handle trafficking victims’ declaration/witness testimony and the legal requirements to which they must conform.

In addition, in 2015 the Dutch police invited the Specialist Policing Consultancy Ltd. (SPC) of the United Kingdom to deliver a program on training and awareness to mayors of Dutch municipalities who face challenges of child trafficking within Roma communities.  Aside from the mayors, members of the Dutch police and their partners and persons of authority involved in dealing with human trafficking cases were in attendance.[63]  According to the SPC,

[t]hose present are facing huge criminal and social challenges with emerging migrant communities.  Like other EU member states their systems are set up for dealing primarily with their domestic population and structures.  The Dutch police have developed an excellent forward thinking engagement programme that is victim focused, however the audience was shocked to discover how organised the networks are and the involvement or organised criminal gangs.[64]

B.  Judges and Prosecutors

In January 2013, the Netherlands established four specialized courts “to address cases involving multiple victims and links to organized crime.”[65]  In 2014, the specialized judges handled all trafficking cases; while the labor and sex trafficking cases were not disaggregated, “roughly 20 percent of all victims identified in 2014 were forced labor victims.”[66] Judges and prosecutors were given specialized training in applying the country’s anti-trafficking provisions and in dealing with traumatized victims.[67]

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VI. Training Programs for Other Countries

As of July 2011, the Dutch Ministry of Foreign Affairs was funding, or had in the previous few years funded, various international projects to combat human trafficking.  For example, the Netherlands implemented a technical assistance program to Bulgaria in 2009 and 2010 “in connection with the trafficking of young Bulgarian women to the Netherlands and other West-European countries,” which focused on “training Bulgarian law enforcement authorities, notably the anti-trafficking unit of the Ministry of Interior.  Most of the training was provided by experts from Dutch law enforcement authorities, but Dutch NGOs were also involved.”[68]  Training on running shelters and launching information campaigns at secondary schools were part of the project, and a documentary film on a Bulgarian victim was made as an awareness-raising tool.  While the project ended in 2010, in early 2011 three joint investigation teams were established with Bulgaria to investigate specific cases.[69]

Some of the other projects included building a national referral mechanism for Bulgaria (2008–2010) by La Strada International and CoMensha (the Dutch member of La Strada) together with the Animus Association (the Bulgarian La Strada member) and assisting Nigeria in fighting human trafficking by offering a series of trainings, given by a variety of experts from Dutch law enforcement agencies, to a number of personnel from Nigerian agencies involved in dealing with human trafficking issues (July 2009 to the end of June 2010).[70]

TeamWork!, a joint project of the Netherlands with Luxembourg, Slovakia, and Malta, was set up in January of 2016 to strengthen multidisciplinary cooperation against trafficking for labor exploitation. To that end, a manual was prepared that is “aimed at experts and intended to help inspire and strengthen the policy and practice to address trafficking in human beings (THB) for labour exploitation of all organisations that could come across it.”[71]  

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Prepared by Wendy Zeldin*
Senior Legal Research Analyst
February 2016


*At present there are no Law Library of Congress research staff members versed in Dutch. This report has been prepared by the author’s reliance on practiced legal research methods and on the basis of relevant legal resources, chiefly in English, currently available in the Law Library and online.

[1] Netherlands: Tier 1, in U.S. Department of State, Office to Monitor and Combat Trafficking in Persons, Trafficking in Persons Report 258 (July 2015) (2015 TIPS Report), http://www.state.gov/j/tip/rls/tiprpt/ (click on “2015 Report” then on “Country Narratives N-S”), archived at https://perma.cc/76X9-D5YL.  Tier 1 countries are those “whose governments fully comply with the [U.S.] Trafficking Victims Protection Act’s (TVPA) minimum standards.”  Tier Placements, U.S. Department of State, http://www.state.gov/j/tip/rls/tiprpt/2015/243366.htm (last visited Feb. 8, 2016), archived at https://perma.cc/5MRG-4FJR.

[2] Id.

[3] Bureau of the Dutch National Rapporteur, Trafficking in Human Beings: Ninth Report of the Dutch National Rapporteur 200 (The Hague, 2013) (citing Parliamentary Documents II, 2011/12, 31839/28638, no. 166, http://www.dutchrapporteur.nl/Images/national-rapporteur-on-trafficking-in-human-beings-and-sexual-violence-against-children.ninth-report-of-the-dutch-national-rapporteur.2014_tcm64-564024.pdf (copy link to browser), archived at https://perma.cc/E48E-ZKSR.

[4] Combating Human Trafficking: More Attention Needed for Minors, the Prostitution Sector and New Forms of Exploitation, National Rapporteur reports on Trafficking in Human Beings and Sexual Violence Against Children in the Netherlands (Sept. 17, 2014), http://www.dutchrapporteur.nl/current/news/archief/ combating-human-trafficking-more-attention-needed-for-minors-the-prostitution-sector-and-new-forms-of-exploitation.aspx, archived at https://perma.cc/N8ZE-L3ZQ.

[5] Trafficking in Human Beings: Ninth Report of the Dutch National Rapporteur, supra note 3, at 201.

[6] Bureau of the Dutch National Rapporteur, Trafficking in Human Beings: Ten Years of Independent Monitoring 13 (2010), http://www.dutchrapporteur.nl/Images/8e%20rapportage%20NRM-ENG-web_tcm64-310472.pdf, archived at https://perma.cc/N5CU-B9BC.  This is the Eighth Report of the National Rapporteur.

[7] Algemene informatie [General Information], Wegwijzer mensenhandel, http://www.wegwijzermensenhandel. nl/algemeneinformatie/ (last visited Feb. 8, 2016), archived at https://perma.cc/ZNB4-H222.

[8] Id

[9] Grondwet voor het Koninkrijk der Nederlanden van 24 augustus 1815 [Constitution of the Kingdom of the Netherlands of 24 August 1815] (as amended effective July 15, 2008), art. 11, http://wetten.overheid.nl/ BWBR0001840/geldigheidsdatum_04-02-2016, archived at https://perma.cc/6CBL-B7YT; Constitution of the Kingdom of the Netherlands 2008, https://www.government.nl/binaries/government/documents/regulations/ 2012/10/18/the-constitution-of-the-kingdom-of-the-netherlands-2008/the-constitution-of-the-kingdom-of-the-netherlands-2008.pdf, archived at https://perma.cc/8249-L8RG.

[10] Wetboek van Strafrecht [Criminal Code] (Mar. 3, 1881, as last amended effective Jan. 1, 2016), art. 273f(1)(1)–(9), http://wetten.overheid.nl/BWBR0001854/TweedeBoek/TitelXVIII/Artikel273f/geldigheidsdatum_ 09-02-2016 , archived at https://perma.cc/5TN2-DEJD; Criminal Code (valid as of Oct. 1, 2012), available at http://www.ejtn.eu/PageFiles/6533/2014%20seminars/Omsenie/WetboekvanStrafrecht_ENG_PV.pdf, archived at https://perma.cc/2JKU-69DA.

[11] Criminal Code art. 273f(1).

[12] Id. art. 273f(3).

[13]  Id. art. 273f(4).

[14] Id. art. 273f(5).  Regarding a fine of the fifth category, see Wet van 28 februari 2013 inzake partiële wijziging van het Wetboek van Strafrecht en enkele andere wetten in verband met de aanpassing van het materieel strafrecht aan recente ontwikkelingen (in force on Apr. 1, 2013), Staatsblad No. 84, art. I(D) (amending art. 23(4) of the Criminal Code) (Mar. 7, 2013), https://zoek.officielebekendmakingen.nl/stb-2013-84.html, archived at https://perma.cc/K2H5-YYVY.  As of January 1, 2016, a fine of the fifth category was €82,000 (about US$91,537).

[15] Netherlands: Tier 1, 2015 TIPS Report, supra note 1.

[16] Criminal Code art. 273f(2).  See also Dien Korvinus, Dagmar Koster, & Heleen de Jonge van Ellemeet, Mensenhandel: het begrip uitbuiting in art. 273a Sr, 7 Trema 286–90 (Sept. 2006), translated as Trafficking in Human Beings: The Concept of Exploitation in the Dutch Trafficking Provision (Jan. 18 2007), available at   http://www.legislationline.org/download/action/download/id/4992/file/Article_-exploitation-in-the-dutch-trafficking-provision_2006_en.pdf, archived at https://perma.cc/ZT3C-P9TP.

[17] Criminal Code art. 273f(6), inserted in the Code in November 2013.  See also Wet van 6 november 2013 tot implementatie van de richtlijn 2011/36/EU van het Europees Parlement en de Raad inzake voorkoming en bestrijding van mensenhandel, de bescherming van slachtoffers ervan, en ter vervanging van kaderbesluit 2002/629/JBZ van de Raad (PbEU L 101) (Nov. 12, 2013, effective Nov. 15, 2013), https://zoek.officielebekendmakingen.nl/stb-2013-444.html, archived at https://perma.cc/H9AP-AHSA.

[18] Criminal Code art. 273f(7).

[19] Code of Criminal Procedure (as Amended in 1994) (Relevant Provisions + Excerpts from a Decision of the ECHR with Regard to These Provisions), available at http://www.legislationline.org/documents/action/ popup/id/4681, archived at https://perma.cc/3RW9-9PV6.

[20] Vreemdelingenwet 2000 [Aliens Act 2000] (Nov. 23, 2000, as amended effective July 20, 2015), art. 17(d), http://wetten.overheid.nl/BWBR0011823/Hoofdstuk3/Afdeling3/Paragraaf1/Artikel17/geldigheidsdatum_09-02-2016, archived at https://perma.cc/YT6H-28YK.

[21] Residency Regulation Human Trafficking, Immigration and Naturalisation Service, https://ind.nl/EN/ organisation/themes/human-trafficking/residency-regulation-human-trafficking (last visited Feb. 16, 2016), archived at https://perma.cc/6NX9-PDDF.

[22] Id.

[23] Id.  B8/3 only sets forth the policy guidelines; for a description of the procedures, “in which different cooperating organisations such as IND, police, Public Prosecution Service and reception institutions and in which also the responsibilities of those cooperating organisations are described,” see id., Annex to B8/3 Vc (in Dutch), https://ind.nl/EN/Documents/bijlage%20bij%20B8.3%20Vc.pdf, archived at https://perma.cc/QXS6-WF5B.  For a summary description in Dutch, see, e.g., Opinie / B8/3-Regeling: Geen aangifte, wel een verblijfsvergunning?, CKM (Nov. 27, 2013), http://www.ckm-fier.nl/B83-regeling-geen-aangifte-wel-een-verblijfsvergunning-1.ashx, archived at https://perma.cc/54QB-TGLE.

[24] Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on Preventing and Combating Trafficking in Human Beings and Protecting Its Victims, and Replacing Council Framework Decision 2002/629/JHA, 2011 O.J. (L 101) 1 (EU), http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX: 32011L0036&from=EN, archived at https://perma.cc/ZU8T-3ZYJ.

[25] Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on Combating the Sexual Abuse and Sexual Exploitation of Children and Child Pornography, and Replacing Council Framework Decision 2004/68/JHA, 2011 O.J. (L 335) 1 (EU), http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri= CELEX:32011L0093&from=EN, archived at https://perma.cc/2EMW-JTHV.   Item (7) of the Directive calls for it to be fully complementary with Directive 2011/36/EU.

[26] Council Directive 2004/81/EC of 29 April 2004 on the Residence Permit Issued to Third-Country Nationals Who Are Victims of Trafficking In Human Beings or Who Have Been the Subject of an Action to Facilitate Illegal Immigration, Who Cooperate with the Competent Authorities, 2003 O.J. (L 261) 19 (EU), http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32004L0081, archived at https://perma.cc/N3D5-VAH8.

[27] Council of Europe Convention on Action against Trafficking in Human Beings, May 16, 2005, CETS No. 197, https://www.coe.int/t/dghl/monitoring/trafficking/Docs/Convntn/CETS197_en.asp, archived at https://perma.cc/G7VK-C5SJ.

[28] Council of Europe, Council of Europe Convention: Protection of Children Against Sexual Exploitation and Sexual Abuse (Oct. 2012), http://www.coe.int/t/dg3/children/1in5/Source/Lanzarote%20 Convention_EN.pdf, archived at https://perma.cc/3AEW-ZX4M.  

[29] United Nations Convention Against Transnational Organized Crime and the Protocols Thereto, United Nations Office on Drugs and Crime, https://www.unodc.org/unodc/treaties/CTOC/#Fulltext, archived at https://perma.cc/ZXM9-R9M7.  The Convention was adopted on Nov. 15, 2000, and entered into force on Sept. 29, 2003.   The Netherlands signed the Convention on Dec. 12, 2000, and ratified it on May 26, 2004.  United Nations Convention Against Transnational Organized Crime, Status as at : 09-02-2016 05:02:18 EDT, UNTC, https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-12&chapter=18&lang=en, archived at https://perma.cc/V5TS-N2DM.    

[30] Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, Status as of Dec. 24, 2015, UNODC, https://www.unodc.org/unodc/en/treaties/CTOC/countrylist-traffickingprotocol.html, archived at https://perma.cc/DH8D-JK3G.  The Netherlands signed the Protocol on December 12, 2000, and accepted it on July 27, 2005.  The Protocol was extended to Aruba on January 18, 2007, and effective October 10, 2010, it applied to the Caribbean part of the Netherlands, i.e., Bonaire, Sint Estatius, and Saba. 

[31] 34.091: Initiatiefvoorstel-Segers, Volp en Kooiman Wet strafbaarstelling misbruik prostitué(e)s die slachtoffer zijn van mensenhandel, Eerste Kamer [Upper House], https://www.eerstekamer.nl/wetsvoorstel/34091_ initiatiefvoorstel_segers (last visited Nov. 4, 2015), archived at https://perma.cc/7THZ-3U8Q (this is a webpage that tracks the progress of the legislation).

[32] Voorstel van wet van de leden Segers, Rebel en Kooiman tot wijziging van het Wetboek van Strafrecht en het Wetboek van Strafrecht BES, houdende de invoering van de strafbaarstelling van misbruik van prostitué(e)s die slachtoffer van mensenhandel zijn (Wet strafbaarstelling misbruik prostitué(e)s die slachtoffer zijn van mensenhandel, Tweede Kamer [Lower House], Session 2014-2015, 34.091, no. 2 (introduced Nov. 25, 2014) https://www.eerstekamer.nl/9370000/1/j9vvhwtbnzpbzzc/vjp8an6h9nsr/f=y.pdf, archived at https://perma.cc/R7UM-3QYN.  The draft law would also insert a new article 286g in the Criminal Code of Bonaire, Sint Eustatius, and Saba, Caribbean islands that are special municipalities of the Netherlands.

[33] Ketenpartners [Chain Partners], CCV, http://www.hetccv.nl/dossiers/Mensenhandel/menuketenpartners/index (last visited Feb. 8, 2016), archived at https://perma.cc/6YHQ-BU2GSee also Chain Partner Organizations in Human Trafficking and Their Functions (Chart), in Majorie Kaandorp & Mirjam Blaak, Child Trafficking in the Netherlands 40 (May 2013; trans. May 2014), https://www.defenceforchildren.nl/images/13/3517.pdf, archived at https://perma.cc/57VC-N72E.

[34] Netherlands, Together Trafficking in Human Beings (2012), https://ec.europa.eu/anti-trafficking/content/nip/netherlands_en, archived at https://perma.cc/BR94-KSH9.  

[35] Id.

[36] Human Trafficking, IND, https://ind.nl/EN/organisation/themes/human-trafficking (last visited Feb. 8, 2016), archived at https://perma.cc/JSS5-QAFP.

[37] Id.

[38] Netherlands, Together Trafficking in Human Beings, supra note 34.

[39] Id.

[40] Id.

[41] Id.

[42] IdSee also Marieke van Doorninck, The Netherlands, e-Notes (Jan. 25, 2011), http://www.e-notes-observatory.org/phenomenon/netherlands/, archived at https://perma.cc/KX56-7J57e-Notes is published by the European NGOs Observatory on Trafficking, Exploitation and Slavery.  Task Force Mensenhandel verlengd met derde termijn [Human Trafficking Task Force Extended for Third Term] (Apr. 28, 2014), Mensenhandelweb, http://www.mensenhandelweb.nl/nieuws/task-force-mensenhandel-verlengd-met-derde-termijn, archived at https://perma.cc/26PD-ZZEH.

[43] Netherlands, Together Trafficking in Human Beings, supra note 34.

[44] Id.

[45] Trafficking in Human Beings: Ninth Report of the Dutch National Rapporteur, supra note 3, at 146.

[46] Id.

[47] Id. at 13; see also Repatriation and Departure Service, DT&V, https://english.dienstterugkeerenvertrek.nl/ (last visited Feb. 8, 2016), archived at https://perma.cc/S7T2-NBDS.

[48] Trafficking in Human Beings: Ninth Report of the Dutch National Rapporteur, supra note 3, at 248.

[49] Id.

[50] Id. at 250.

[51] Id.

[52] Mensenhandel, Politie, https://www.politie.nl/themas/mensenhandel.html, archived at https://perma.cc/6BUT-R594 (last visited Feb. 8, 2016).

[54] Trafficking in Human Beings: Ninth Report of the Dutch National Rapporteur, supra note 3, at 251.

[55] Id.

[56] Id.

[57] The Netherlands, European Network Against Trafficking in Human Beings, http://lastradainternational. org/ls-offices/netherlands (last visited Feb. 8, 2016), archived at https://perma.cc/2J5Y-GULD; van Doorninck, supra note 42.

[58] Trafficking in Human Beings: Ninth Report of the Dutch National Rapporteur, supra note 3, at 245.

[59] Id.

[60] Netherlands: Tier 1, 2015 TIPS Report, supra note 1.

[61] Opleiding Certificering Mensenhandel [Certification Training Human Trafficking], Dutch Police website https://www.politieacademie.nl/onderwijs/onderwijsaanbod/Pages/opleiding.aspx?code=4302768 (last visited Feb. 8, 2016), archived at https://perma.cc/2UCN-ANTT.

[62] Id.  MBO (middelbaar beroepsonderwijs) refers to Dutch secondary vocational education, which can be up to four years, “depending on the level of training.”  Level 4 is middle-management training.  Secondary vocational education (MBO), Government of the Netherlands, https://www.government.nl/topics/secondary-vocational-education-mbo-and-higher-education/contents/secondary-vocational-education-mbo (last visited Feb. 9, 2016), archived at https://perma.cc/G8K4-2R2M.

[63] SPC Deliver Training on Human Trafficking to Dutch Mayors Forum, Specialist Policing Consultancy Ltd (Oct. 20, 2015), http://www.specialist-policing.co.uk/content/spc-deliver-training-human-trafficking-dutch-mayors-forum, archived at https://perma.cc/BPP5-GPEZ

[64] Id.

[65] Netherlands (Tier 1), in U.S. Department of State, Office to Monitor and Combat Trafficking in Persons, Trafficking in Persons Report 290 (June 2014), http://www.state.gov/j/tip/rls/tiprpt/countries/ 2014/226786.htm, archived at https://perma.cc/M6S3-48YA.

[66] Netherlands: Tier 1, 2015 TIPS Report, supra note 1, at 259.

[67] Id.

[68] Ministry of Security and Justice, Dutch Anti-Trafficking Policy, at 6, http://www.defenceforchildren.nl/ images/13/1900.pdf (last visited Feb. 8, 2016), archived at https://perma.cc/62D3-YA8S.

[68] Id.

[70] Id.

[71] Manual for Experts on Multidisciplinary Cooperation Against Trafficking in Human Beings for Labour Exploitation, Mensenhandelweb (Jan. 18, 2016), http://www.mensenhandelweb.nl/en/system/files/documents/ 18%20jan%202016/teamwork-manual-for-experts-on-multidisciplinary-cooperation-against-thb-for-labour-exploitation.pdf, archived at https://perma.cc/TJ57-JTF3.  

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Last Updated: 03/18/2016