Samenvatting

With this report an attempt has been made to answer the following central research question: How can Dutch policy regarding trafficking in human beings be improved to adequately and fully implement a human rights based approach as set in the Council of Europe Convention on Action against Trafficking in Human Beings to protect and support sexually exploited migrant women?
The Netherlands ratified several important international legal agreements that form the basis in Dutch THB law and policy, for instance the Palermo Protocol and EU Council Framework Decision on human trafficking. However, the Netherlands are still in the process of ratifying the CoE Convention on Action against Trafficking in Human Beings. This Convention is one of the first binding agreements on human trafficking that specifically incorporates a human rights based approach. Taking a closer look at Dutch policy, in particular the B9 regulation offers victims of human trafficking the possibility to receive support and protection. A human rights based approach is fundamental for the development of an effective response to THB and to protect human rights of victims. Protection measures, criminal and migration procedures should complement and not contradict each other. Cooperation of victims in the criminal investigation
should not prevail in victim protection.
In general the Netherlands comply in theory to the minimum provisions set in the CoE Convention. However, on crucial points Dutch policy is in contradiction with a human rights based approach. Main issues exist that urgently require a proper response in order to fully implement this approach in Dutch policy. First of all, adequate identification of trafficked victims is lacking. Misidentification remains a tremendous issue. Furthermore, victims do not have the right to receive support before the official identification process by the police, which does not fully comply with article 10 of the Convention. Naturally, this has severe consequences for victims. Secondly, the right to legal stay and support still depends on
cooperation in the criminal procedure. Options for legal stay for victims that do not cooperate in the criminal investigation are very limited, thus, the Netherlands in general only conform to the second requirement set in article 14, paragraph one. Although the CoE Convention obligates member states to implement at the minimum one requirement, full implementation of a human rights based approach demands providing protection and support unattached of any cooperation in the criminal process. Thirdly, the current
Dutch support system does not provide adequate protection and support. The Netherlands do not fully comply with article 12, since assistance is often made conditional on the willingness of a victim to act as a witness. Furthermore, shelters and expertise directed towards specific groups of trafficked victims are lacking and forms a serious problem. Centralizing victim needs and protecting the human rights of victims should be at the center of all efforts. As the Netherlands is considered a forerunner of defending human rights this situation remains rather unacceptable and requires creative and sustainable responses.