Trafficking: National Legislation

Human trafficking is a global phenomenon that also occurs in the Netherlands; a country considered both as a destination and a transit country. The issue is therefore high ranked on the Dutch political agenda and in policies of social organisations.

Human trafficking in the Netherlands is defined by law. Offenders can face incarceration up to six years (Article 273f of the Criminal Code). An earlier legal definition of this crime was mainly concentrated on coerced exploitation in the sex industry. In 2005 trafficking of human beings was redefined in Dutch law, in order to adapt the legislation with the expansion of trafficking. Nowadays, this crime not only covers the sector of prostitution but it also exists in other economic sectors as for instance in agriculture or domestic help services.

Regarding prostitution, a side effect of this legislation and of the legalisation of sex industry is that illegal prostitution shifted to the escort services and to other illegal sex branches that are less controllable, disappearing from the surface.

The revision of the legal definition of trafficking implied a revision of legal tools such as the so called B-9 Procedure, which allows victims of trafficking to be given a temporary residence permit. This procedure has been modified to include the bigger group of victims that is covered by the new legal definition of trafficking.

Since April of 2005 a new regulation is operative regarding Work and Foreigners. Nowadays victims of trafficking with a B-9 status have free access to the Dutch labour market. This is an improvement of their situation, since it gives them the opportunity to go on with their life and be economically independent. When the temporary residence permit expires, victims seldom receive a permanent residence permit.

B-9 Regulation

Chapter 9 of the Circular for Immigrants defines the procedure for victims of trafficking. The aim is to enable the victims to report the offence and to put the fear for direct expel at rest. The regulation offers a three month reflection period for the victim to decide to report the offence to the police. After this period, the victim must make a statement and press charges or he/she will be deported.

If the victim decides to report, they will be provided with a temporary residence permit for the duration of the investigation and the court proceedings. The victim has the right to safe shelter, (medical, psychological, and legal) assistance, training and income. After termination of the lawsuit and the official proceedings, victims are deemed as illegal aliens and consequently deported.

The Ministry of Justice holds a website to provide information about the B-9 regulation (www.b9-regeling.info)