To the President of the House of Representatives of the States General PO Box EA THE HAGUE

Transcription

1 1 Return address PO Box EH The Hague To the President of the House of Representatives of the States General PO Box EA THE HAGUE Turfmarkt DP The Hague PO Box EH The Hague Re Policy response baseline Wrp Our reference Please quote the date and our reference number in your reply. Please refer to only one case in your letter. The Legislative Proposal regarding the regulation of prostitution and combating abuses in the sex industry (Wrp) has been in the Senate since 29 March The legislative proposal has been put on hold awaiting a proposal to amend the bill. 1 The original legislative proposal and the proposal to amend the bill both propose an evaluation of the Act a number of years following the implementation of the law. 2 With a view to that evaluation, the Scientific Research and Documentation Centre has been asked to carry out a baseline measurement prior to the commencement of the Act. In this letter I will inform you about the outcome of the baseline measurement. The baseline measurement comprises an overarching report Prostitution in the Netherlands in 2014 and three sub-reports: 'Prostitution in Dutch municipalities', 'Sex workers in their own words' and 'Banned red in view'. These four reports together form the baseline measurement of the Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry (baseline Wrp). The baseline measurement sketches out a broad view of the prostitution sector in the Netherlands in The three sub-reports and the results are partially comparable with the research that was carried out for the evaluation of the abolition of the brothel ban (Daalder, 2007). You will find the baseline measurement in Appendix 1. I will also inform you in this letter about an assessment of interpretations in the legal field of work concerning a 'ban on pimping' under criminal law. The Parliament was promised an in-depth examination of the possibilities of such a 1 With reference to the acceptance of the motion submitted by Strik et al (Parliamentary Paper , no. L) a proposal to amend the bill was submitted on 5 March 2014 to the House of Representatives whereby the provisions concerning the obligation for prostitutes to register and the requirement for clients to ascertain that the prostitutes were registered were removed from the legislative proposal. 2 This is 3 years after the commencement of the Act in the Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry and 5 years in the proposal to amend the bill. Page 1 of 15

2 ban. 3 The Scientific Research and Documentation Centre ordered an assessment to be carried out for this purpose. The assessment included holding interviews with members of the Public Prosecution Service, the judiciary, criminal attorneysat-law, a criminal law academic and the National Rapporteur on Trafficking in Human Beings and Sexual Violence against Children. You will find this assessment in Appendix 2. In the first part of this letter I will set out the most important conclusions of the research under the scope of the baseline Wrp, which have been separated out into the following subjects: a) nature and extent of the prostitution sector in the Netherlands; b) municipal policies; c) supervision and enforcement; d) social position; e) age; f) abuse in the sector; g) the Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry. Each subject is concluded with my reaction. In the second part of the letter I discuss the assessment of comments about a 'ban on pimping' under criminal law. Finally, I set out my conclusion on the basis of both research reports. 1) Baseline Wrp a) Nature and extent Legal and illegal prostitution can both be found in the Netherlands. The reports illustrate the extent of the prostitution sector in the Netherlands. In approximately 40 percent of the municipalities there is one or more established prostitution business. That may include different types of businesses, such as window prostitution businesses, brothels, escort businesses and erotic massage parlours where sexual services are offered. There are 674 licensed sexual establishments in total in the Netherlands. This represents a decrease compared to One possible explanation given by the researchers for the decrease in the number of licensed sex businesses is the rise of the internet. Four forms of illegal prostitution are distinguished: unlicensed prostitution run on a commercial basis in municipalities where a licence is required for such an activity, prostitution by minors, illegal work 4 and sexual exploitation. Whether a particular form of prostitution is considered by a municipality to be run on a commercial basis depends on a number of factors, such as advertising, visible signs on the building, income generated by the work, etc. In the sub-reports Prostitution in Dutch municipalities and Banned red in view a number of different methods were used to chart the extent of the illegal sector; these included research into documents, interviews with clients (partly via chatboxes), enforcers, prostitutes and other people involved, internet scans and also by linking data from the Expertise Centre for Foreign Nationals, Identity and Human Trafficking, the Chamber of Commerce and the Coordination Centre for 3 Proceedings II, , 28638, no Illegal labour is involved when a prostitute who originates from a non-eea country is working in the Netherlands and does not have a valid residence permit allowing work to be carried out. Page 2 of 15

3 Human Trafficking (CoMensha). These methods did not lead to a satisfactory estimation of the extent of the illegal prostitution sector. According to the researchers, that is mainly due to the hidden nature of the illegal sector. The limitations of the existing registrations mean that it is difficult to distinguish between prostitutes 5 who are working in the legal and/or illegal sectors, and that linking the data is insufficiently reliable. The researchers conclude that unlicensed prostitution run on a commercial basis is proportionally the most common form of illegal prostitution. That relates to a prostitution business without a licence in a municipality where such a licence is required. Other forms of illegal prostitution (prostitution by minors, illegal work and exploitation) did not appear often in the reports. In order to achieve a reliable estimation of the extent of illegal prostitution the researchers recommend the use of the capture-recapture method. That will require adjustments of the registrations by different organisations so that the identification of the people recorded in the registrations is improved, which will enable the files to be used together in order to achieve an estimation. The researchers recommend testing this through a pilot project. Another way of realising an estimation of the extent is by using internet scans. It appears from the scans of the number of sex advertisements on the internet that the number of prostitutes offering their services via the internet is much smaller than the number of advertisements would lead one to suspect. Behind the 28,000 or more different advertisements for prostitutes discovered by the researchers, there were less than 9,000 unique telephone numbers with which prostitutes advertised themselves on the internet. However, a reliable estimation of the number of prostitutes working in the Netherlands in both the legal and the illegal sectors cannot be given on the basis of these scans. Reaction The results of the baseline measurement concerning the nature and extent make it clear that it is not possible at the present time to give a satisfactory estimation of the number of illegal sex businesses and the number of prostitutes who are working in the Netherlands. Since it is impossible to give an indication of the total extent of the number of prostitutes in the Netherlands, it is also impossible to determine what percentage of the total number of prostitutes is possibly a victim of exploitation. In my opinion the Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry will contribute in several different ways to an improved estimation of the extent of prostitution in the Netherlands. All prostitution businesses, including escort businesses, will become obliged to obtain a licence. This means that the number of legal businesses will be able to be traced from the number of licences that are issued. If a business is not licensed, then that business will be illegal under the Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry. The obligation included in the legislative 5 In this letter the term prostitute is used for both men and women. In the texts referring to the sub-report into the social position, the term 'sex worker' is also used because the researchers used this term. Page 3 of 15

4 proposal for sex businesses to advertise with their licence number, for example on the internet, will also contribute to a clearer view of the number of unique licensed businesses in the sex industry. This is because the licence number is linked to one traceable business. I will consider the possibilities of the pilot project proposed by the researchers to create a better link between the registration data of the Tax and Customs Administration, the Chamber of Commerce and the municipalities with the relevant organisations. b) Municipal policy It appears from the baseline measurement that three out of four municipalities have formulated a prostitution policy. Part of this policy often involves the obligation for sex businesses to have a licence, a formulated maximum number of licensed businesses and restrictions on establishment; 24 percent of the municipalities conduct a 'nil policy. It is determined in such a prostitution policy that no licences for prostitution businesses are issued on grounds of the protection of the public order and protection of the residential and living environment; 66 percent of the municipalities have a policy for escort businesses; 55 percent of the municipalities have a policy for prostitution at home run on a commercial basis; In 2013, 175 licences were issued, 23 licences were withdrawn and 17 licences were refused on the basis of prostitution policy, including attention given to town and country planning and screening under the Public Administration (Probity Screening) Act [Wet bevordering integriteitsbeoordelingen door het openbaar bestuur or Bibob]. Reaction There appear to be large differences between the prostitution policies of the different municipalities from the baseline measurement. That makes it easier for prostitution businesses to avoid regulation, at least in part. Greater uniformity is desirable and I will be striving to achieve that. Effective regulation and combating illegal prostitution can only be possible if every municipality formulates a prostitution policy that determines for every form of prostitution run on a commercial basis whether it is permitted (and under what conditions) or not. The Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry will provide a uniform obligation for the licensing of all prostitution run on a commercial basis in the Netherlands, whereby the waterbed effect will be counteracted. This will provide clarity for partners in the chain, proprietors and prostitutes. In combination with other municipal measures, a clear prostitution policy will contribute to combating the abuse and the administrative approach towards human trafficking. Attention is given in municipal prostitution policy to combating sexual exploitation and also towards providing information and aid to prostitutes. Information, advice (about rights and obligations, about registration in the National Register of Personal Data, residential matters, workplaces, bookkeeping and the costs of these) and aid all improve the social position and can prevent victimisation. Policy aimed at prostitution, including attention being given to providing information and aid to prostitutes and the approach towards sexual exploitation, forms part of the basic level of the administrative approach Page 4 of 15

5 towards human trafficking. 6 In the run-up to the commencement of the Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry I will continue to stimulate municipalities to unify their prostitution policy, partly through the national programme on prostitution. c) Supervision and enforcement Supervision of both the licensed and the illegal prostitution sectors and enforcement in the case of offences against the provisions is often carried out in regional association. The municipalities and the police play an important role in these checks. Besides the police and the municipalities, the Tax and Customs Administration is also active in this area. The licensed prostitution industry will be subjected to periodic checks: In approximately half of the municipalities the police is mandated by the mayor to carry out administrative checks. During these checks the identity of the prostitute is also checked and the police looks for possible signs of human trafficking. The emphasis in these checks is placed on compliance with the conditions of the licence. This is also apparent from the administrative reports supplied by the police. In the view of 75 percent of the municipalities, the proprietors of licensed businesses comply reasonably well with the regulations. Also on the basis of the number of sanctions imposed and the number of administrative reports, it appears that the licensed sector complies reasonably well with the rules. According to the researchers, compliance by the proprietors is positively influenced by the high intensity of checks. Since 2010, 306 sanctions were imposed by municipalities, of which 116 were in the licensed sector and 190 in the illegal sector (particularly in the unlicensed prostitution run on a commercial basis). A random sample of the administrative reports showed that less than 20 of the 100 investigated reports related to proprietors of licensed prostitution businesses. The majority of sanctions and administrative reports from the random sample of 100 administrative reports from 10 police units concerned prostitution without the required licences. In 80 percent of the cases an administrative report was compiled on account of illegal prostitution at home. In these cases the prostitute is often given a warning for working without a licence. Proprietors and facilitators (such as pawnbrokers), however, are virtually absent in relation to the enforcement in the illegal sector, according to the researchers. The integral supervision in the sector reaps benefits. Of all of the municipalities, 87 percent state that the administrative possibilities for taking action provide sufficient grip in practice for imposing sanctions. The researchers make two recommendations for further improvement in the supervision of the sector. Firstly, a uniform format for administrative reports will provide the municipalities with more reference points for the specific deployment of measures. Secondly, the researchers state that the effect of the measures is not always broad enough. 6 Parliamentary Paper , no. 128 Page 5 of 15

6 They are often aimed at prostitutes and to a lesser extent at the proprietors or facilitators. Reaction The Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry will include a licence obligation for every form of prostitution run on a commercial basis. Enforcement and supervision will be better clarified through this distinction. In order to improve the approach towards abuse in the prostitution industry, all parties involved should take their own responsibilities. One positive point, which is apparent from the baseline measurement, is that, partly due to the large number of checks carried out, proprietors generally carry out their role correctly. In respect of the role played by the municipalities and the police in the supervision of and enforcement in the prostitution industry, I am of the opinion that a joint approach is preferable. Because abuse, such as bad hygiene, unsafe working environments, force and exploitation, can occur more easily in illegal prostitution in the form of unlicensed prostitution run on a commercial basis, the police, the municipalities and other partners in the chain are striving to combat illegal prostitution. Integral checks thereby form an important device. In order to improve the enforcement in the illegal sector, the Expertise Centre for Foreign Nationals, Identity and Human Trafficking (EVIM), the municipalities of Amsterdam and Rotterdam, the Royal Netherlands Marechaussee, the National Information and Expertise Centre, the Ministry of Social Affairs and Employment and my Ministry are working together on developing a uniform format for administrative reports on human trafficking. Such reports can be compiled following prostitution checks. The creation of greater uniformity and the improvement in the quality of administrative reports will help municipalities to take suitable measures on the basis of the reports against unlicensed prostitution run on a commercial basis. Work is also being carried out by the National Information and Expertise Centre, under the scope of the Task Force for Combating Human Trafficking, in close collaboration with the relevant partners, on administrative tools for combating human trafficking. The police and the Public Prosecution Service are also working in close collaboration on the further development of the approach towards facilitators. All these joint efforts are expected to lead to an improved approach towards illegal prostitution. d) Social position in the eyes of the prostitute In order to gain a clear image of the social position of the prostitute, more than 360 sex workers 7 were interviewed. Of the interviewed sex workers, 93 percent were women, 5 percent were men and 2 percent were transgender. These sex workers work in various different areas of the sex industry, they are between 18 and 70 years old, 8 they originate from a number of different countries and they live and work mainly in Amsterdam, Rotterdam or The Hague. The researchers tried to minimise the risk of being given socially desirable answers from those people they interviewed, but they indicate that it is possible that sex workers who 7 In the sub-report into the social position the term 'sex worker' is used instead of 'prostitute'. 8 The majority of the sex workers interviewed were between 21 and 50 years old. One percent is 18 to 20 years old, 31 percent are 21 to 29 years old, 29 percent are 30 to 39 years old, 27 percent are 40 to 49 years old and 12 percent are 50 to 70 years old. Page 6 of 15

7 have had more positive experiences are over-represented in the report. The results of this part of the baseline measurement sketch the perceived social position by the prostitutes who were interviewed. Choice of work Prostitutes started their work as sex workers for a variety of different reasons: Within the population included in the research there appeared to be few or no cases whatsoever of forced sex work. 27 percent of the sex workers started their work because they considered it to be nice work. In the majority of cases financial motives play a role in the choice for sex work. Seven percent of the prostitutes started the work following advice given by someone else, or they were persuaded to do so. Nine percent indicated that they started the work because they had friends who were active as sex workers. Most of the sex workers had previously done work in a different sector. This was least common among prostitutes working behind windows: 25 percent of this group had never had an occupation other than being a sex worker. Leaving the sector More than half of the sex workers sometimes or often think about leaving the sector. Some of the sex workers had previously stopped working in the sector with the help of friends or family, but started again for financial reasons (54 percent had money problems, 14 percent were unable to find other work). Of the sex workers interviewed, 56 percent know where they can go to get help in leaving the sector. Lifestyle In comparison with 2006, the lifestyle of sex workers has improved. Despite that, sex workers have an unhealthier lifestyle in comparison with the general Dutch population: 93 percent of the sex workers interviewed know where they can go for healthcare. Sex workers smoke and drink more than the average professional population and they also use tranquillizers more often. This may be related to the fact that 45 percent of the sex workers sometimes experience the work to be emotionally taxing and 14 percent often experience that. More than 1 in 3 of the sex workers have at least once been faced with distressing situations through the work, which has resulted in disturbing thoughts or memories of that and/or sleep problems. Relationship with the proprietor Most of the interviewed sex workers are happy with their relationship with the proprietor. They indicate a preference for working in the licensed, and therefore legal, prostitution sector. Page 7 of 15

8 37 percent of the sex workers indicated that they work in the sector under the opting-in regulations, 9 58 percent indicated that they work independently. The number of prostitutes that reach agreements with the proprietor about the level of the rent and the hygiene in the workplace is respectively 2 in 5 and 1 in 3. In 60 percent of the clubs these agreements are only made verbally. Of all the interviewed sex workers, approximately half of them set the tariffs for the sexual services they provide. Window sex workers are the least happy with their income from the sex work. Sex workers are positive about the contact they have with public authorities and aid agencies. Most of the sex workers are happy with how they are handled by such organisations. However, three quarters of the sex workers think that the image of sex workers should be improved among citizens and official agencies. Reaction In the letter of 23 June 2014 (Parliamentary Paper , no. 119) the actions to further improveme the social position of prostitutes were presented. On the basis of the outcome of the baseline measurement, I will be holding discussions with the interest groups for prostitutes. One of the objectives of these discussions is to find out what additional possibilities there may be for tackling the perceived problems. A substantial proportion of the interviewed prostitutes had already made an attempt to stop with this work. This showed that it is difficult to stop permanently. Too few prostitutes know where they can go for help to leave the sector. I expect that more prostitutes will become better informed about where they can get help with quitting the sector through the Regulation concerning Programmes for Stopping being a Prostitute II (RUPS II). The Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry will also form a contribution to improving the position of prostitutes. Under the Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry the proprietor will be required to include measures concerning the health, safety, hygiene and the right to self-determination of the prostitute in the business plan. e) Age The average age of the prostitutes interviewed for the report into the social position is between 33 and 36 years in most sections of the industry. Prostitutes who work in erotic massage parlours and prostitutes who work at home on a commercial basis are often older, respectively on average 43 and 39 years old. Prostitution by minors does not appear to occur in the licensed prostitution sector. That is apparent from the checks, but also from the reactions given by key informants, prostitutes and proprietors. In the illegal sector minors are sometimes found by partners in the chain during checks on prostitution run on a commercial basis at home and as escorts. If under-age prostitutes are found, they are removed from the situation immediately and offered help. 9 This package of conditions comprises that a prostitute is not employed by an operator, but that, in agreement with the Tax and Customs Administration, the operator does withhold taxes and social security premiums over the prostitute's income and pays these on to the Tax and Customs Administration and the Netherlands Employees Insurance Agency (UWV). Page 8 of 15

9 Reaction Prostitutes between the ages of 18 and 21 years form a vulnerable group. In comparison with older prostitutes they are less self-sufficient and therefore more open to exploitation. The Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry will set a minimum age for prostitutes of 21 years. With a view to this Act, a number of municipalities have already set the minimum age at 21 years for prostitutes in the licensed sector. 10 f) Abuse On the basis of the existing literature, the baseline measurement asserts that the prostitution sector is vulnerable to abuse. The researchers assert thereby that unlicensed prostitution is more vulnerable to abuse than in the licensed sector. Under abuse is included force, unsafe sex, obligatory alcohol consumption in the workplace and unhygienic and unsafe workplaces: According to the researchers, there appears to be little or no abuse and forced sex work among the interviewed prostitutes themselves. In addition to that, according to the municipalities little abuse is discovered during checks in the licensed branch. Examples of forced prostitution were however reported during the discussions between the researchers, various different partners in the chain and key informants. Furthermore, in 10 of the 100 administrative reports in the random sample, the police noted signs of human trafficking and 14 percent of the municipalities indicated that signs of human trafficking occur in their own municipality. When the interviewed prostitutes were asked about the situation of other prostitutes, two thirds of them indicated that the majority of prostitutes voluntarily choose to work in the sector. A large proportion of the sex workers are actually unable to answer this question. On the basis of the research it is not possible to provide a satisfactory estimation of the extent of abuse occurring in the prostitution industry. However, it is well established that abuse does occur. In connection with that the researchers point towards the reports from the National Rapporteur on Trafficking in Human Beings and Sexual Violence against Children (Human Trafficking both Visible and Unseen 2). Finally, the researchers are of the opinion that prostitution among minors and sexual exploitation are the two forms of illegal prostitution that should be tackled the most vigorously because, according to the researchers, the personal and social impact of these forms of prostitution are the most severe. Reaction The lack of data about the exact extent of abuse, even after carrying out the baseline measurement, is not a reason to rest on one's laurels. Abuse must be tackled vigorously. The Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry will set out uniform and strict requirements in relation to the business operations and set-up in sex businesses. Prostitutes will not be permitted to be forced to consume alcohol or use drugs with the client, they must 10 Amsterdam, Utrecht and Leeuwarden. Page 9 of 15

10 have a free choice in doctors they consult and the prostitutes' workplaces must be hygienic and safe. Proprietors who do not comply with these licence requirements and the duty of care to counteract prostitution by minors and involuntary prostitution will risk prosecution and the withdrawal of their licences. That will improve combating abuse and it is expected that abuse will thereby be further reduced in the licensed sector. Prostitution by minors and forced prostitution must be tackled vigorously and the victims of such deserve appropriate help. The police also act vigorously in such situations. Exploiters, facilitators and clients of under-age prostitutes will be tracked down and prosecuted. The Public Prosecution Service is currently working on punishment guidelines relating to clients of prostitution by minors. Victims will be offered adequate help. The protection of victims is an essential condition concerning under-age victims in relation to the tracing and prosecution of offenders. Under-age victims will be housed in a protected environment. All signs of human trafficking will be investigated. If there are sufficient signs for a chance of conviction, these will lead to criminal investigation. In order to further facilitate the supervision of victims, the Ministry of Security and Justice, the Ministry of Social Affairs and Employment and the Ministry of Health, Welfare and Sport are working on a National Referral mechanism for victims of human trafficking. You will be informed by letter around the middle of 2015 about the realisation of the National Referral mechanism. In order to better identify the victims of forced prostitution, a number of different organisations, such as the Regional Information and Expertise Centres, the Centre for the Prevention of Crime and the police, are acting to improve such identification by the municipalities. Besides this, the Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry proposes, by means of uniform licence requirements, a register of refused, suspended and withdrawn licences for sex businesses and a register of licences for escort businesses, to simplify the supervision and enforcement in the licensed sector, whereby greater attention will be given to tackling the illegal sector. g) Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry The baseline measurement was carried out during the phase when it was known by the respondents that the registration requirement for prostitutes and the requirement for clients to ascertain that the prostitutes were registered would be removed from the legislative proposal by means of a proposal to amend the Act. It appears from the baseline measurement that proprietors, municipalities and the police broadly support the Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry, even without the registration requirement. There is support from all parties involved for the creation of greater uniformity in the municipal policy, including in relation to licensing. Although the majority of parties involved are supportive of the minimum age of 21 years, concern has been expressed about the shift of 18 to 21 year-olds into the illegal circuit. The respondents think that a transitional scheme would be desirable. In addition, question marks are placed by the enforcement of a good provision of information from the proprietor in respect of the prostitutes. How would it be possible to supervise proprietors providing sufficient information to the prostitutes about their Page 10 of 15

11 rights and obligations? Finally, the parties who are involved in the supervision and enforcement hope that the Act will provide greater clarity about the understanding of 'prostitution run on a commercial basis'. The baseline measurement provides a number of indicators that would be relevant for the periodical measurement of the effects of the Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry in the future. These include the inclusion and enforcement relating to prostitution run on a commercial basis at home, the responsibilities of the proprietors and the role played by the municipalities and the police in relation to administrative checks. In order to determine the effects of the implementation of the Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry, according to the researchers it is also essential, however, to gain insight at the municipal level into the more hidden forms of prostitution. Municipalities should periodically carry out measurements in their own areas (by means of checking the advertisements on the internet and the administrative checks), in collaboration with the police for example, in order to gain an indication of the illegal/unlicensed prostitution on offer. Together this could provide a national picture of the situation. Reaction The broad support for the objectives of the Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry highlighted by the baseline measurement emphasise once again the importance of this legislative proposal commencing. These objectives of the legislative proposal comprise the further regulation of the sector, combating the abuse and the improvement of the social position of prostitutes. The proposal to amend the Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry proposes a minimal ageof 21. Together with the proposal for amendment, the legislative proposal will provide a transitional arrangement. Under the Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry proprietors will be obliged to provide adequate information to prostitutes. This obligation must be included in the business plan. There will be supervision of compliance with the obligations in the business plan. Offences against this licence requirement could have far-reaching consequences for the proprietor. Bearing in mind the reasonably good compliance behaviour in the licensed sector, it is expected that the proprietors will also take this role seriously. In addition, this provision of information is not only dependant on the proprietor. Prostitutes themselves can consult via the internet the website and also organisations such as the Municipal Health Service (GGD) and the Medical Assistance in Accidents and Disasters (GHOR Nederland), as well as special centres for sex workers such as SPOT 46, Stichting De Tussenvoorziening and the Prostitution & Healthcare Centre 292 (Prostitutie & Gezondheidscentrum 292). The Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry proposes a uniform licence obligation for all sex businesses. Where there is prostitution run on a commercial basis, a licence must be applied for following the commencement of the legislative proposal. In order to demonstrate the commercial basis, the frequency of the work being carried out can be reviewed, as well as the way in which clients are recruited and also whether one or more prostitutes are working at the same address. Page 11 of 15

12 In order to provide support to the municipalities and the police in gaining a view of the illegal prostitution sector in their own municipalities and regions, work is currently going on under assignment by the Expertise Centre for Foreign Nationals, Identity and Human Trafficking to develop an internet tool (web crawler). This tool will make the manual search through internet advertisements easier in relation to prostitution checks. Safeguarding such developments is important for monitoring the effects of the Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry in the future. 2) Analysis of prosecution in relation to the 'ban on pimping' In the General Consultation of 9 October 2013 the former Minister of Security and Justice agreed to examine in depth the possibilities of a ban on pimping, with consideration for the viewpoints of the Justice at the Arnhem-Leeuwarden Court of Appeal, Mr Lemaire, who publicly called for the reintroduction of a ban on pimping. In order to gain a better picture of the way in which the legal field of work would consider the possible reintroduction of a 'ban on pimping', the Scientific Research and Documentation Centre ordered an analysis to be carried out. Seventeen legal experts, all working in the area of criminal law, were questioned about their vision concerning a 'ban on pimping'. The comments made by Mr Lemaire were used as starting point during these interviews. A report was made of these in the analysis, without going into the substantive assessment of the standpoints and arguments of those interviewed. The arguments were analytically categorised. The results cannot be taken to be representative of a particular target group, such as that of the public prosecutors or the judges and justices. Background In 2000 the ban on pimps and the ban on brothels were lifted. At the same time the aspects of pimping and keeping brothels that are considered to be objectionable were incorporated under the penalisation of human trafficking in the former Article 250a of the Criminal Code, which is now Article 273f of the Criminal Code. On the one hand, this has led to the legalisation of running voluntary prostitution under certain conditions. On the other hand, there has been a tightening up of the penalisation of involuntary prostitution. On grounds of Article 273f of the Criminal Code it is punishable: to use improper means to recruit, transport, import, house or take in someone with a view to exploiting that person in prostitution; to force someone or use improper means to manipulate someone to prostitute himself/herself; to gain advantage from forced prostitution; and to force someone to hand over income from prostitution. These actions are qualified as human trafficking, to which in principle, apart from the possibilities of heavier penalties, a term of imprisonment of no more than twelve years or a fine of the fifth category is connected. Page 12 of 15

13 Since 2000 some people have shown themselves to be in favour of the reintroduction of the ban on pimping. In reaction to a motion dating from in which the government was requested to introduce a ban on pimping, the government indicated that the approach towards human trafficking under criminal law was sufficient in order to tackle the activities of a pimp. In a reaction to the motion it was indicated at the same time that the approach towards pimps would also be carried out administratively. This has resulted in the legislative proposal to regulate the prostitution industry, the previously cited Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry. Contents of the analysis The analysis contains a concrete proposal put forward by Justice Lemaire to better clarify the terms 'pimp' and 'ban on pimping'. The analysis shows that Mr Lemaire uses the term 'pimp' broadly, namely to cover everyone who without good reason interferes with the work of a prostitute. His proposal concerns making punishable 'anyone without a licence who is involved in the offer of services, the preparation, recruitment, maintenance or facilitation thereof, by a prostitute'. If the ban is contravened there should be the threat of a term of imprisonment of no more than three years, or if it appears that it was without the agreement of the prostitute, no more than eight years. It can be understood from the analysis that, under the term pimp, an absolute ban on pimping already exists concerning the behaviour of an active pimp (according to the analysis: someone who incites prostitution and handing over income, often by means of violence or threat). On grounds of Article 273f of the Criminal Code such behaviour is considered to be human trafficking. The need for implementation of the penalisation proposed by Mr Lemaire lies, according to him, partly in the evidentiary problem in relation to Article 273f of the Criminal Code. He asserts that attempts to gain sufficient evidence in cases of human trafficking are often unsuccessful. This is purportedly due to the ambivalence or fear demonstrated by the victims, meaning that they are unable or unwilling to make a statement, or their statements are inconsistent. Added to that, supporting evidence is also required besides the statements, which according to Mr Lemaire can only be gained through difficult and time-consuming research, and which cannot always be considered to be reliable. With respect to the pending Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry a step is being taken in the right direction in the opinion of Mr Lemaire, but from the methodology of his proposal it may be understood, according to the analysis, that he is in favour of a more differentiated system of licensing. Justification of the expansion of this system and the liability under criminal law can be found in the extent of the abuse in the prostitution sector. According to Mr Lemaire, the penalisation of human trafficking can be adjusted thereby to the extent of the social abuse. Reactions to Mr Lemaire's proposal may be roughly divided into two categories: one group that does not agree with the general ideas put forward by Mr Lemaire and another group that does. According to the analysis, the generalised division does not impair the fact that within the groups as described there are still 11 Parliamentary Papers II, 2007/08, VI, no. 82. Page 13 of 15

14 differences of opinion, particularly in terms of the certainty with which some people express themselves either for or against Mr Lemaire's views. Reaction The prostitution sector is vulnerable to abuse, which is also apparent from the baseline Wrp. This abuse, such as force, unsafe sex and unhygienic workplaces, must be tackled. In the analysis carried out by the Scientific Research and Documentation Centre only an indirect connection is made to the pending Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry and the role of criminal law within the regulation of the sector. The Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry will provide a significant contribution to tackling abuse in the prostitution sector. The legislative proposal provides for a nationwide uniform system of licensing, whereby every form of operation of sex businesses will be subject to requiring a licence, with enforcement under criminal law providing the final stage. The leasing of rooms for prostitution and prostitution in private dwellings and holiday homes or arranging appointments (escort services) all fall under the term of sex business as defined in the Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry. These activities will all be subject to requiring a licence. The legislative proposal also sets strict demands on the operators and managers of sex businesses. The operator is the person under whose account and risk the sex business is practised. A manager may be designated as the natural person who is appointed to carry out the actual management of a sex business. Strict requirements will be attached to the issue of a licence. For example, both the operator and the manager must demonstrate impeccable behaviour. With the commencement of the Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry, running a sex business without a licence and acting contrary to the licence conditions will become punishable under the Economic Offences Act [Wet economische delicten or WED]. The Economic Offences Act provides possibilities for imposing sizeable sanctions, both financial and otherwise. Mr Lemaire's proposal basically involves the introduction of an obligation to have a licence for everyone who is involved with the work of a prostitute, with enforcement under criminal law as final stage. Exploitation within the prostitution sector is human trafficking and punishable on grounds of Article 273f of the Criminal Code. The activities designated in the analysis as "active pimping", whereby others are forced to prostitute themselves, may on grounds of this, whether or not in combination with sexual offences, be tackled sufficiently. In that sense, Article 273f of the Criminal Code already contains an absolute 'ban on pimping' under criminal law. Running a sex business will be liable to the requirement of a licence following the introduction of the Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry. In future, any person operating a sex business without applying for a licence will be punishable on grounds of the Economic Offences Act. This will extend the working of the criminal law on the commencement of the legislative proposal, which is expected to improve and simplify tackling people in the sex industry who have the intent to deceive. Criminal law does of course also offer the possibility of tackling other punishable Page 14 of 15

15 behaviour (such as fraud, extortion or the incitement to commit criminal activities). A further extension to the liability under criminal law, in the form of penalisation of anyone who is involved in prostitution without a licence, is barely compatible with the basic principle that prostitution is a legal activity in the Netherlands, and it raises the question as to what the punishable nature is of these activities. I also consider it to be unwise to include behaviour that falls within the scope of the penalisation of human trafficking under Article 273f of the Criminal Code under the new penalisation with a lower demand for punishment. That could lead to a reduction in the protection afforded by Article 273f of the Criminal Code. In respect of the cited evidentiary problem, an improvement could be achieved through correct interpretation of Article 273f of the Criminal Code. The evidentiary problem relates in part to the complexity of the offence of human trafficking, which is also experienced as such in the handling of criminal cases. The latter also provides reason for the specialisation of public prosecutors and judges. This specialisation has already proved itself through a significant improvement, which can be seen in the increasing number of convictions. 3) Conclusion in respect of the two research reports Tackling the abuse and improving the social position of prostitutes are key points in the prostitution policy of this Cabinet. It is apparent from the baseline Wrp that the prostitution industry has been improved in relation to the situation in Further measures are however needed in order to create an industry in which prostitutes are able to practice their profession in a safe and healthy manner and in general to regulate the industry better. According to the research reports, the Legislative Proposal to Regulate Prostitution and Combat Abuse in the Sex Industry forms a necessary step towards those objectives. With a uniform framework in place, municipalities and the government will be able to work together better in tackling abuse. The Minister of Security and Justice, G.A. van der Steur Page 15 of 15