Sex work is a legal profession in the Netherlands. Since the abolition of the brothel ban, the responsibility for creating sex work policy and thus overseeing the sex industry lies with municipalities. The police and the Public Prosecution Service are involved in detecting criminal abuses within the industry, such as human trafficking.
Uniform Basis
The desire and necessity for a national guideline arises from multiple signals and recommendations to professionalize oversight of the sex industry. For instance, the National Rapporteur on Human Trafficking and Sexual Violence against Children called in the Human Trafficking Monitor 2019-2023 for the harmonization of control practices within the Dutch sex industry. The current oversight of the industry is fragmented; municipalities, police, inspections, and other chain partners do not always have good working agreements or a shared understanding of the risks. Additionally, there is still a common misconception that the GDPR hinders the sharing of signals of human trafficking, whereas it can and must be done to stop sexual exploitation and protect victims. This leads to confusion, differences in approach, and missed opportunities to timely signal or intervene. Furthermore, the challenges are not dependent on municipal or regional borders. Sex workers, clients, and unscrupulous operators easily move across those borders. There is a need for a uniform basis for policy, implementation, and collaboration in oversight where licensed sex work can be monitored and abuses can be addressed.
Clear Roles in a Dynamic Sector
The Public Prosecution Service, the VNG, and the police have therefore developed this national guideline. It includes a clear division of tasks, clear accountability, and regional (integrated) collaboration. Good oversight is never the work of one party alone. The guideline provides a uniform starting point and clarity in different roles to achieve a better-coordinated oversight practice. Therefore, attention is also given to the actions that municipalities and police can undertake and their mutual cooperation. The role of the Dutch Labor Inspectorate is also addressed in the guideline. This organization conducts risk-based oversight of compliance with labor laws by employers in the sex industry. Additionally, the various forms of sex work are explained. A good understanding of this dynamic sector is essential.
Effective Principles and Inspiring Examples
The guideline pays ample attention to practice with inspiring examples, such as the so-called Yukon case. A small signal at a municipality led to a successful investigation and resulted in convictions for human trafficking, child pornography, and other sexual offenses in 2023. To arrive at an accepted guideline, numerous expert partners in the field of sex work and human trafficking were consulted.
“The guideline is both a call and a helping hand for municipalities and their partners to professionalize oversight of the sex industry,” said Annette Bronsvoort, mayor of Oost Gelre and portfolio holder for human trafficking at the VNG.
“Supervisors are the ears and eyes in the sex work field. Good cooperation with investigative partners is essential to effectively address abuses,” said Maarten Noordzij, national prosecutor for human trafficking at the Public Prosecution Service.
“We, as the police, are pleased with this guideline. There is now a clear division of roles in the approach to human trafficking, such as sexual exploitation. Based on this, the police can focus on their law enforcement tasks, namely the detection of criminal offenses, while municipal supervisors can focus on administrative oversight. With better cooperation between municipalities, police, and the Public Prosecution Service, we increase the ability to maintain an integrated view of the sex industry. This way, we can more adequately address signals of insecurity and abuses and provide victims of sexual exploitation with faster appropriate support,” said Anja Leemans, Director of Immigration, Migration, and Human Trafficking at the police.
