Mensenhandel
Toespraak Minister Hirsch Ballin van Justitie bij in ontvangstneming publicatie: ‘Human trafficking for (non-sexual) labour exploitation, towards a framework for implementation of the European Council Framework Decision’ van Jill Coster van Voorhout (13/2/2009) (English only)
Ladies and Gentlemen
In our society, there are differing views on a wide variety of issues, and views on matters such as religion, the freedom of speech, and security may even differ quite considerably. This does not, however, apply to human trafficking. Everyone agrees that human trafficking is a very serious phenomenon that is to be tackled firmly, with all available means.
It is partly for this reason that it is one of the six national key objectives in investigating and prosecuting organised crime, and is listed as such in the national police priorities for 2008-2011 and in the Reinforced Measures for Combating Organised Crime. Human trafficking has also been given priority in agreements with the Public Prosecution Service. In order to provide an extra impulse for these government-wide measures against the problem, a year ago I set up the ‘Measures Combating Human Trafficking Task Force’ together with State Secretary for Justice Nebahat Albayrak.
The current penalisation of human trafficking dates from 1 January 2005. On this occasion, the scope of the concept of human trafficking in Dutch criminal legislation was extended considerably. Before that, it was exclusively aimed at exploitation in the sex industry. Currently, human trafficking is also defined as being related to exploitation in other forms of labour; also called ‘other exploitation’, which term does not diminish the seriousness of the offence.
This change was mainly dictated by international developments such as the Palermo Protocol of November 2000 and the Council Framework Decision on combating trafficking in human beings.
The structures of the protocol and the framework decision were adopted in the implementation of these international obligations in Dutch criminal statutes. The second subsection of Section 273f of the Dutch Penal Code includes almost literally the definition of exploitation used in these two instruments.
Partly because of the fact that there is no exhaustive internationally-accepted definition of 'other exploitation', the laws do not specify which behaviours may be considered as falling under this concept. The Explanatory Memorandum to the Act that provided for the extension clearly states that other exploitation relates to all forms of modern slavery, such as forced labour or abusing an individual who, in the given circumstances, has no other reasonable choice than to end up in an exploitation situation.
The interpretation, definition, and scope of exploitation will be left to legal practice and case law.
Publications on legal subjects greatly contribute to these efforts to define the concept. I am therefore very pleased with Ms Coster van Voorhout’s research report that was presented to me today. Her report is not limited to identifying potential bottlenecks due to the absence of a more precise description of exploitation. Through its' exploration of a possible definition, this study also promotes reflection in legal practice.
It is, of course, certain that case law will also play an important part in the development of the definition of 'other exploitation'. The number of court decisions on this subject is still very limited. That’s only logical, for the legislation is relatively new. We also have to accept the fact that for a long time we have been far too unaware of exploitation in other sectors than the sex industry.
This is also evident from the fact that in the period 2005-2008 the Public Procecution services (PPS)achieved only a few court convictions for ‘other exploitation’. In addition, two cases are now pending before the Supreme Court. It has not yet given judgment on cases of 'other exploitation'. The Dutch National Rapporteur on Trafficking in Human Beings is currently examining existing case law in this area; which I applaud. I am very curious about the results.
As I said, everyone agrees that human trafficking generally is a very serious phenomenon that is to be tackled firmly, with all available means. Being conscious of this, I have taken a number of actions to effectively combat human trafficking and, with that, also other exploitation. The most important measures in this connection are the following:
Together with the State Secretary for Justice, I established the Human Trafficking Task Force I mentioned in my introduction. The objective of this Task Force is to identify bottlenecks in our methods of tackling human trafficking and to come up with solutions. Another result of the Task Force is the ‘Labour and Exploitation' information card that will be presented by my colleague, the Minister of Social Affairs and Employment.
The Board of Procurators General of the PPS will reinforce the combat of human trafficking within the PPS by regarding human trafficking as a specialty that will be placed with eleven special regional prosecutors responsible for human trafficking.
The PPS is considering the development of a standard basic public prosecutor’s demand for ‘other exploitation’ cases.
The PPS’ Instructions for Human Trafficking that were modified at the beginning of this year now also focus attention on exploitation outside the sex industry. This will result in more specific attention being paid to labour exploitation in the prosecution policy.
Section 273f of the Dutch Penal Code will be changed again. This time its substance is not being changed, but – certainly not unimportant – the penalty is being changed. Last week, that is 3 February 2009, the Lower House of Parliament agreed to my proposal to increase the statutory maximum sentences for human trafficking. The maximum sentence for all aggravated forms of human trafficking will soon be at least twelve years. In this manner, not only the extreme seriousness of human trafficking is more clearly expressed, but it will also be possible to take action against punishable preparatory acts for human trafficking in all cases.
All in all, we could say that the attention for the subject of human trafficking has considerably increased in recent times, and that the measures have been intensified. All this is beginning to pay off.
In 2008, the anonymous crime reporting line M., Meld Misdaad Anoniem, received 25% more reports, 147 to be exact, concerning human trafficking than the previous year.
So far, eight arrests have been made on the basis of these reports.
This increased number of reports also results in an increased number of criminal proceedings. In 2008, the number of cases brought before court by the PPS was 524. This is somewhat lower than the 569 cases in 2007, but substantially higher than the 432 cases in 2005.
The chain approach to human trafficking established in Rotterdam in 2007 - this is a co-operation among police, PPS, social aid services, and the Health and Safety Inspectorate, and other public bodies – succeeded in getting 146 victims or potential victims of human trafficking out of these circles and bringing them into contact with the social aid services.
This week, we received the report ‘Human Beings Protected and Human Trafficking Suppressed’ from the Advisory Committee on Aliens Affairs. You will understand that it is not possible to give a substantive reaction at such a short notice. We will, of course, examine the advice carefully and send our findings to the Lower House of Parliament as soon as possible. I would like to say, however, that we are very pleased with the Advisory Committee’s attention for this subject.
I repeat that human trafficking is a very serious crime; an infringement of human rights and the physical and psychological integrity of the victims. We must never accept this. Even though we know that we cannot eliminate these abuses from one day to the next, we must do everything we can to reduce the number of victims and to combat human trafficking wherever we can. This study conducted by Ms Coster van Voorhout can help us in this endeavour.
Thank you.