Red Light District Dossier: Frequently Asked Questions

Transcription

1 Red Light District Dossier: Frequently Asked Questions Is prostitution legal in Amsterdam and the Netherlands? In 2000, the Dutch ban on brothels was lifted and replaced by a licensing system. This means that prostitution has become a legal means of generating income. A new prostitution bill is currently being addressed by the Dutch Parliament. The bill is likely to become law in Enabling legislation for prostitution Enabling legislation for prostitution is currently being addressed by the Upper House of the Dutch Parliament. The new legislation would require prostitutes to join a national register and raise the minimum age for work in the sector from 18 to 21 years old. The new law would also mean that those visiting prostitutes working illegally would be criminally liable and owners of buildings where prostitution takes place could be held accountable for repeat violations. A national register would also be set up to record refused and revoked licenses for businesses active in the prostitution industry. In Amsterdam, an estimated 5,500 prostitutes would initially be required to register. What is the legal age for prostitution? The legal age for prostitutes is 18 years old but there are proposals to raise the minimum age to 21 years old. The current cabinet believes that people aged 21 are better able to make a well-considered decision about working as a prostitute than those aged 18 as well as being better able to cope with working in the industry. Why has prostitution been legalised in the Netherlands? Prostitution has been legal in the Netherlands since Before then, prostitution was technically illegal although it was tolerated. To help stop abuse in the sex industry, the Netherlands decided to change the law to reflect everyday reality. By legalising prostitution, the government sought to gain more control of the industry and thereby bring an end to a range of abuses that had been occurring, including the exploitation of children and forced prostitution. The move would also give prostitutes better access to health and social services. Prostitution from fixed locations (brothels) was legalised through the introduction of a municipal licensing system. This meant that councils could demand that mobile prostitutes (escorts) also applied for a licence. When the ban on brothels was lifted, municipalities gained responsibility for their own prostitution policy. For more information on the policy on prostitution in the Netherlands:

2 What happened after prostitution was legalised in 2000? The licensing system has helped to make the prostitution industry more transparent and brought about a sharp reduction in illegal practices and the exploitation of children. However, legalising prostitution proved to be insufficient to bring a complete stop to abuse in the sex industry. Women continued to be exploited through forced prostitution and human trafficking. Amsterdam has announced a number of measures to bring an end to this. Unlicensed escort agency activities were made illegal on 1 February Research shows that the escort industry in the city has grown significantly in recent years in Amsterdam, and has possibly even doubled in size. The introduction of escort industry licensing provides the local authorities with a tool for fighting abuse in the sector. A national licensing system for the escort industry is currently being prepared. What forms of prostitution are there in Amsterdam? There are many different forms of prostitution in Amsterdam. In the Amsterdam prostitution industry, there are prostitutes who work in a window, in a club or a private house (a sex club without a bar), as escorts, at home or on the street. Which forms of prostitution are legal and which are illegal? a. Legal (with a licence) Since the ban on brothels was lifted, part of the industry is regulated through licences issued in terms of general municipal by-laws. Window prostitution, brothels, private houses and escort services through agencies are legal. That is to say: if they have a licence. Owners and operators of prostitution businesses also require a licence and the police carry out regular checks to ensure they comply with the regulations. The most important rules are that women may not be forced to work as prostitutes, that they must be of the legal age and be a legal resident of the Netherlands. b. Legal (without a licence) Prostitution at home does not fall within the scope of the licence policy as long as the prostitute works alone and non-commercially. The City of Amsterdam calls this: Legal Without a Licence. Commercial prostitution at home is illegal. This means, for example, that if multiple prostitutes work in the same house or a prostitute advertises on the internet, their activities are illegal. c. Illegal Illegal prostitution has many forms: street prostitution, illegal escorting, illegal home prostitution and sex in massage parlours. If looking for sexual services on the internet, we strongly recommend checking if there is a licence number on the website. How many people work as prostitutes in Amsterdam? It is not clear exactly how many people work as prostitutes in Amsterdam but estimates have been made of about 8,000. It is also not clear how many women or men work in the legal and illegal sectors.

3

4 What is the objective of the City of Amsterdam's prostitution policy? The City of Amsterdam became responsible for their own prostitution policy when the ban on brothels was lifted in Prostitution is allowed, but it must take place in a legal and transparent manner. Criminal activities, such as the abuse of women, money laundering and human trafficking, still occur on a large scale in the prostitution industry. Beginning on 1 January 2013, Amsterdam will take extra measures to combat abuse in the prostitution industry. Double shifts will be banned and window brothel operators will be required to draft a business plan setting out how they ensure good working conditions for the prostitutes. Prostitute healthcare services will be further professionalised and expanded to include escorts and prostitutes who call at private homes. Authorities will act sooner and collaborate internationally if there are suspicions of forced prostitution or human trafficking. See also: GB/press-room/city-of-amsterdam-press-room/2012-Press- Releases/2012%20Press%20Room/Amsterdam%20tackles%20prostitution What is the history of the Amsterdam Red Light District? Amsterdam has a number of streets where prostitutes can be seen in windows, the best known being 'de Wallen' ( the Quays ). In English, the world-famous district is commonly known as the Red Light District, because of the red lights that hang in the prostitutes windows. The area has historically been an important centre of prostitution: the district was assigned to prostitutes for the plying of their trade as long ago as According to the Amsterdam council health department, more than 1,000 prostitutes are active in the district, working either in windows or in sex clubs. The amount also changes frequently. Some 8,000 prostitutes are estimated to be active in Amsterdam. What is Project 1012? Working with well-known banks, developers, corporations, investors and respected entrepreneurs, the City of Amsterdam intends to invest in the district with the postal code A number of activities that are attractive to criminals and therefore represent an unacceptable risk for the city, such as coffeeshops, brothels and cafés, are densely concentrated in this small district. The City of Amsterdam is aware of the fact that the prostitution industry often attracts criminal practices. Central importance is placed on the provision of care and the strengthening of the position of prostitutes. A primary objective of Project 1012 is to achieve a prostitution sector devoid of criminal activity.

5 Why the changes in the Red Light District? The city centre (including the Red Light District) is largely responsible for Amsterdam s image as a tolerant, liberal city. This is part of Amsterdam s enormous strength, so it is important to ensure that the unique character of this district is retained. But tolerance and freedom do not imply indifference. Over the last few years, an imbalance has evolved between the various activities. Low-level economic activities and crime-sensitive sectors have become overrepresented. These include coffeeshops, window brothels and low-quality bars and cafés. The concentration of these and other low-level activities in the district has attracted criminality and had an adverse effect on the city s economic climate and living conditions. The current plans are designed to restore the balance between the activities. The Mayor and Aldermen hope that this will improve safety in the district and turn the Amsterdam city centre back into an attractive place for residents, businesses and visitors from home and abroad. How does Amsterdam intend to accomplish changes in the Red Light District? The plans will be realised along the following three lines: key projects will serve as the driving force behind the economic boost being given to the district 2. Investments will be made in public areas 3. Changes and improvements will be made to activities in a number of streets. In a few cases, some coffeeshops and brothels will disappear. What changes have already taken place in the last years? Substantial investments have already been made in the area over the last few years. Since 2004, the City has worked hard with the police, the judicial authorities, residents and businesses in the Red Light District to develop a district-based approach aimed at improving safety. The safety figures are showing an upward turn. In another move, many brothel owners put their premises up for sale and as a result, almost a quarter of the original number of window brothels have been sold to housing corporations. The City has helped to stage special temporary events in these premises, such as Red Light Fashion and Red Light Design, in the hope of attracting a new category of visitors to the red-light district. New City of Amsterdam policy has been laid down in an attempt to improve the position of window prostitutes and combat abuse in the industry. As part of this policy, the Municipal Health Service has opened a prostitution centre in the Red Light District, where

6 prostitutes can go for support and guidance. The City hopes that the current plans will make the area even safer and more attractive. Does this mean that prostitution will disappear from the city centre completely? No. There will still be room for prostitution in the centre of Amsterdam. The Red Light District should retain the combination of residential and office buildings with nightlife: a mix of chic and shady. However, there will be fewer window brothels and they will be restricted to specific zones. This will eventually mean that prostitution is confined to a number of designated locations. Approximately 243 of the original 482 windows will remain. A quarter have already been sold to housing corporations over the last year. This step is necessary to combat the abuse that is still far too common in the prostitution sector. Lifting the ban on brothels in 2000 provided the national government an opportunity to take firmer control of the sector. However, the last few years have shown that additional measures need to be implemented to ensure that abuse in the sector can be effectively countered and prevented. In addition to the current plans, over the past few years the City has been working on additional means of tackling abuse in the prostitution sector. They vary from introducing a licensing system for escorts to exploring the possibilities of allowing a bona fide partner to run a brothel manned by an independent partnership of prostitutes. Will tackling criminality in the Red Light District simply lead to a wider distribution of prostitution around the city? The closing of a streetwalker s district on the Theemsweg in 2004 did not lead to a movement of street prostitutes to other parts of the city. On the contrary: recent research by the Municipal Health Service shows that the number of arrests for street prostitution has fallen by some 90% over the last five years. What organisations are there to help prostitutes? 1. The Prostitution & Health Centre (P&G292); The centre offers psychosocial and healthcare under the same roof. P&G292 contributes to the safety, independence and health of sex workers, both in terms of their physical health and working conditions as well their position in society. 2. Support and shelter provided by the Amsterdam Coordination Point for Human Trafficking; The Amsterdam Coordination Point for Human Trafficking (Amsterdams Coördinatiepunt Mensenhandel) has been active since 7 May 2007 in order to strongly combat human trafficking and offer shelter to victims of human trafficking.

7 3. Supervision in the prostitution industry Supervisors inspect the window brothels. They check for compliance with all conditions of the prostitution licence in close cooperation with the police. Since the introduction of the supervisors, window brothels are inspected more often than ever before. The aim is to inspect each window brothel at least eight times per year. In addition to the window brothels, supervisors will also begin active enforcement in the escort sector and illegal prostitution, for example, in massage parlours. 4. Additional conditions for operating licences In order to improve the position of prostitutes, the City of Amsterdam places additional requirements on licence holders with regard to working conditions. The City of Amsterdam has taken the initiative of adding a social chapter to operating licences issued to escort agencies, sex clubs, private houses (sex clubs without a bar), saunas, brothels and window brothels. The social chapter is being introduced in phases. The requirements will be evaluated every two years to determine which requirements are feasible in the next phase. 5. Structured consultations with the prostitution industry In order to achieve a prostitution industry in which women are able to work for themselves, it is important to treat the sector as a serious partner. This means that the City of Amsterdam will examine ways to achieve transparency in the prostitution industry together with all discussion partners involved. The aim being to arrive at a situation in which it is clear to all parties that no women are working against their will. In addition, the rules will be complied with and the partners will engage in structured consultations. The City of Amsterdam undertakes to organise consultations more frequently and intensively with licence holders in the licence-regulated sector in Amsterdam. 6. Investigation survey of the prostitution industry in Amsterdam The City of Amsterdam will commission an investigative survey of women in the prostitution industry. The survey is intended to provide greater insight into the prostitution industry and is also necessary to provide insight into illegal prostitution, to enable it to be tackled effectively. The City of Amsterdam also wants to obtain a more accurate picture of the care and social services that will be required in coming years. Additionally, there are also several developments that play an important role in the situation in the prostitution sector. Limiting the influence of criminal entrepreneurs through the Public Administration (Probity Screening) Act (BIBOB) (see C) Investment in the Red Light District area (1012)

8 Additionally, various organisations, which actively help prostitutes, are active in the area. What does the Prostitution & Health Centre (P&G292) do? In April 2008, the Prostitution & Health Centre (P&G292) opened in Amsterdam. The centre offers psychosocial care and healthcare under the same roof. P&G292 contributes to the safety, independence and health of sex workers, both in terms of their physical health and working conditions as well their position in society. The advice centre is situated on Nieuwezijds Voorburgwal, close to the district where many prostitutes work. The centre will contribute to improving the social situation of prostitutes, while at the same time picking up signals of possible abuses and referring clients to the relevant care and security institutions. What is offered: Social and legal information and advice and practical and psychological support for prostitutes: This includes, for example, information and advice with regard to laws and regulations, legal assistance with legal procedures, contacts with the police, questions regarding working conditions, etc. Mobile team: a mobile team consisting of personnel from the Confidential Counsellor project of the Amsterdam Public Health Service (GGD), social workers and persons who can provide information to prostitutes in their own languages. This team works on the basis of an emancipatory vision and focuses on increasing self-empowerment and independence of prostitutes. Healthcare: activities aimed at prevention such as information on STDs and HIV, free STD and HIV testing and hepatitis B vaccinations. Information and advice is also provided regarding birth-control, TBC testing, hygiene and healthcare. Courses: The Centre offers language courses (English, Dutch), self-defence training, selfempowerment courses and information meetings. What does the Amsterdam Coordination Point for Human Trafficking do? The Coordination Point offers safe shelter, psychosocial and legal support and useful daily activities. The aim is to increase the women s self-esteem and offer them hope for the future. The Amsterdam Coordination Point for Human Trafficking collaborates with all parties involved in the chain approach to tackling human trafficking in Amsterdam. Together with the police, the Coordination Point also gives advice about how victims of human trafficking can be recognised. The Coordination Point also collaborates with many organisations to ensure the first assistance and shelter provided to victims is followed up properly. A multi-disciplinary team works at the Amsterdam Coordination Point for Human Trafficking. The team consists of representatives of the police, legal profession, HVOQuerido (provider of care coordination and social services) and the Office for Juvenile

9 Care Amsterdam (Bureau Jeugdzorg, BJAA). In the crisis centre, the care coordination consists of the provision of initial shelter and assistance to the victims. For the normal places the aim is to provide assistance and support with the aim of enabling the women to leave the shelter after a year and move on to an assisted living facility or return to their country of origin. Women who are not granted a residence permit are returned to their country of origin as soon as possible. The team s other tasks include dealing with all signals and reports of possible sexual exploitation received, collecting information and steering interventions in the areas of prevention, shelter and assistance. The team also advises and supports social and care workers and authorities that have to deal with victims of human trafficking. The Municipal Executive wishes to arrive at an integral approach in which the tackling of traffickers goes hand in hand with helping their victims. What is the BIBOB Act? The Public Administration (Probity Screening) Act (BIBOB) is intended to prevent dubious entrepreneurs from working in vulnerable sectors like prostitution and coffee shops. The BIBOB Act came into force on 1 June 2003 and has been applicable in Amsterdam for some time now. The City of Amsterdam wishes to utilise the act to reduce the influence of criminal activity in the city. An application for a licence is evaluated in the first instance on the basis of local council regulations. In addition, the applicant must fill in a Bibob form. This requires information on the financing and ownership of the brothel, as well as on other business partners. If a case requires further investigation, the council can seek advice from the national Public Administration Probity Screening Act Office. The Public Administration Probity Screening Act Office has access to so-called closed sources, such as the home affairs ministry, tax and revenues service and the national criminal investigation department. An investigation by the national Public Administration Probity Screening Act Office can have three outcomes: no danger, middle level of danger, and serious danger. This means that an investigation might show that a danger exists that a licence might be used to cover criminal activities such as drugs trade, money laundering, extortion and human trafficking. In such a case, the council will refuse an application for a licence, or withdraw an existing licence. If the affected person is active in the industry in other districts of the city, the licences for these related businesses might also be refused or withdrawn. Specifically what this means is that the parties in question will not be allowed to continue operating their businesses.