Sex Work in the Netherlands

The decision to shut down the designated street prostitution zone in Eindhoven in 2011 is coming up against criticism and incomprehension among prostitutes. These ladies must be helped out of their dead-end situation, says the alderman. Then I'll go back to illegal soliciting, says one prostitute.
By Esther Wittenberg

Prostitution has been legal in the Netherlands since 2000 and six years ago Eindhoven opened a designated street prostitution area. The aim was to put an end to the nuisance caused by street prostitution in the working class area of Woensel West. Used condoms were being thrown into front gardens, cars were cruising around the area at night, and neighbourhood girls were being asked how much they charged. Thirty prostitutes with addiction problems were given a pass that allowed them to work in the special designated zone. The aim was also to provide addicted street prostitutes with better healthcare.

A sitting room facility was provided were prostitutes could shower, wash their clothes and get ready for work. Condoms, clean needles and coffee were provided. People from the Salvation Army spoke with the women, a doctor examined the women, and police kept an eye on the situation. The nuisance was reduced and the women's health improved

Although the street prostitution zone has succeeded at virtually all its aims, according to an evaluation, the municipality wants to shut it down in 2011. In the next three years, aided by assistance workers, all the addicted prostitutes must become independent of the drug dealers and pimps. Alderman Mariët Mittendorff: We do not want to facilitate these women in remaining in their dead-end situation. We would rather offer them a dignified existence.

Opinions on street prostitution zones vary throughout the country. Amsterdam shut its zone down in 2003. Rotterdam and The Hague followed suit in 2006. The argument for closing the zones was that they attracted drug dealers and human trafficking. The street prostitution zones are still open in Utrecht, Arnhem, Nijmegen, Heerlen and Groningen.

The Dutch government does not plan to raise the minimum prostitution age from 18 to 21, the Telegraaf has reported.

Reliable sources have told the paper that justice minister Ernst Hirsch Ballin has decided that there would be too much opposition to an increase and it would drive younger prostitutes into the illegal circuit.

Meanwhile, the AD reports that the recession is beginning to have an affect on Amsterdam's red light district, with prostitutes reporting a sharp fall in clients and demands for cheaper prices.

Beate Uhse, the German sex empire that is now largely in Dutch hands, says a publicity campaign is needed to attract more foreign tourists to Amsterdam's Red Light District'.

The company, that sells sex toys, lingerie, clothing and pornography, claims Project 1012 has severely damaged its business. Project 1012, named after the postal code of the Red Light District, is an attempt by the Amsterdam authorities to curb prostitution in the area. It involves the closing of dozens of window brothels.

Beate Uhse owns ten shops in Amsterdam, most of which are located in the sex district. CEO Serge van der Hooft said that the area has been a major tourist attraction: But these days many foreign tourists seem to think that the Red Light District is no more.

As the credit crunch keeps away sight-seers and business travellers, the owners of Amsterdam's brothels, escort agencies and sex shops all grumble that those visitors who still do indulge in the pleasures of the flesh are increasingly tight-fisted.

Eva, a 25-year-old prostitute in the city's red-light district, gestures angrily in the direction of a rival who has slashed her rates as the economic crisis emboldens sex tourists to haggle.

Some of the girls are now doing it for 30 euros (£26 1,500 Baht). My price is still 50 euros (£44 2,400 Baht), but the men are playing us off against each other. Some want to pay only 20 euros (£17 1,000 Baht), she told AFP.

Eva is not the only one complaining.

Twenty-six-year-old Oxana, who shares Eva's window, says her income has halved in six months while her window rent went up 25% in January.

On a "good day", she sees six clients but sometimes only one -- at 50 euros per visitor not enough to cover her half of the 150 euro daily rent: But I can't do it for 20 or 30 euros like some of the others. That is not money.

The Amsterdam city authorities were on the verge of shutting down landmark erotic theatre Casa Rosso in the red light district. Owner Jan Otten resisted - and won.

Jan Otten is the face of the Amsterdam red light district. His erotic theatre Casa Rosso is the most prominent landmark in the historic area of window prostitutes, sex shops and cannabis selling coffee shops. Its illuminated facade has appeared on TV shows across the world and Otten has contracts with 180 travel organisations.

Otten prefers to sit behind the till himself, welcoming guests to the shows, which feature intercourse on the stage.

It was world news therefore when it was announced three years ago that Otten's businesses were being shut down by the municipality. In addition to Casa Rosso, Otten owns the Banana bar and a number of peep shows and sex shops in Amsterdam's red light district. On Tuesday it was disclosed that Otten will after all be granted his entertainment and operating licences from the municipality of Amsterdam, after a long legal battle.

The national Bibob agency, which supervises the integrity of licensees, had advised against Otten's retaining his licences. It alleged Otten had connections with criminal circles and that criminal money may have been laundered via Casa Rosso.

At first I thought it was a comedy, Otten said. I said: go ahead and look into it, none of those stories about criminal money are true. I've done nothing wrong. But when the licences were not forthcoming, it turned into a very bad movie. Once, when he got into an argument with one of his employees, he thought about selling the whole damn business .

Shutting down his windows became part of the city's plans to close brothels, sex shops and marijuana cafes to drive organised crime out of the tourist haven. The Bibob agency connected Otten with laundering ransom money that had been paid in the 1983 for kidnapped beer magnate Freddy Heineken. Those stories were quickly refuted, Otten said. Nonetheless the investigation took a very long time because not all of his investments were transparent.

In the meantime Casa Rosso suffered under the threat of closure. I have had a great deal of trouble from all the stories that have come out since 2007. Whether involving human trafficking or forced prostitution, Casa Rosso is brought into the picture in all the stories about abuses in the red light district. And I have nothing to do with that, Otten said.

And then there are the costs he has had to incur to secure his licence. All those lawyers and advisers. It certainly cost a million euros. For a licence. That ruins a business owner, Otten said. In retrospect I do have the feeling that they wanted to ruin me.

Clients of unlicensed prostitutes in the Netherlands may in future risk prosecution under a proposed new law, the cabinet said.

The draft law, yet to be approved by parliament, will make it compulsory for prostitutes to go through a registration process.

Municipalities will decide how many brothels to allow in their borders, and where.

Prostitutes will become liable for prosecution if they work without the required registration, or in a business with no permit, said the statement.

Clients who make use of the services of illegal prostitutes can be prosecuted, because by doing so they help sustain a form of prostitution in which abuses and exploitation are more difficult to prevent.

Prostitution has been legal in the Netherlands since 2000, but only brothels and businesses letting out streetside windows to prostitutes have hitherto required municipal authorisation.

Amsterdam and prostitution have for a long time been bedfellows and the city's red light district attracts thousands of tourists who come to take advantages of the liberal laws. But these thrill seekers may soon have to get their kicks elsewhere, because the Dutch government wants to criminalise sex tourism.

The Netherlands has proposed a Prostitution Regulation Law targeting both those who buy sex as well as those who sell it. Lawmakers say it will identify women who are forced into the industry against their will.

At the moment only prostitutes who work in brothels require a license – many choose to work as escorts or provide services from their homes instead. Under the new law, all women working in the industry would be forced to register, and their details will be available to the police and justice department.

The idea has caused concern in a number of organisations, including the Red Thread, which represents sex workers. Jan Fisher is its chairman: It will be the reverse. The ones who want to work know how devastating the stigma could be, and will be. They will try to work outside this system and they'll be vulnerable when they're detected by the police and tax office, and the ones who are trafficked may be forced by their pimps to register so they have a kind of legal status.

Another major fear is that the Netherlands will move towards a Swedish model, where it is a crime for men to visit prostitutes. Pye Jakobsson, who has worked in the Swedish sex industry for several years, says the Dutch plan is even more stupid than the restrictive regime she works under: The Swedish experience tells us that if you're vulnerable or under the radar – as you will be if you're unregistered – you're more prone to meet dangerous clients as the good ones, the decent ones, who will want to buy sex from registered workers. And there will be women, for one reason or another, who don't want to register and they won't have the choice to say 'no' to bad clients.

Increase in violence Pye believes there will be an increase in violence against sex workers if the law is introduced in the Netherlands and is urging lawmakers to rethink the plans. If the idea is to combat people trafficking, she says, the government should use existing labour laws. Pye argues most women in the trade do the job through choice.

Sex workers in the Netherlands must be at least 21 years old and carry a pass with their photo and a special registration number, says a law amendment just filed in parliament.

People of 21 are better able than people of 18 to make a well-considered decision about whether or not to work as a prostitute, caretaker injustice minister Hirsch Ballin, who submitted the amendment, said in a statement: They are better able to deal and negotiate with clients. They are more likely to have some further education and thus be less economically dependent on prostitution work.

The amendment, yet to be adopted by parliament, will compel prostitutes to enrol on a national register and to have an entry interview on the risks of the job and alternatives, said the statement.

Registered prostitutes will receive a pass with a profile photograph and registration number, which will enable clients to control that they are using the services of a legal practitioner. Under the current law, only brothel owners and other prostitute handlers require authorisation

Update: Further Details of the registration scheme

17th April 2010. See  Ministry of Injustice press release from  english.justitie.nl , Thanks to Donald

Prostitutes have to be at least 21 years of age. This is Minister Hirsch Ballin's (the Interior and Kingdom Relations, Justice) proposal to the Lower House in an amendment to the legislative proposal already before the Lower House concerning the regulation of prostitution and sex businesses. Persons aged 21 are better able to make a well-considered decision about working as a prostitute than people aged 18; they are also more resilient as regards handling and negotiating with clients. Moreover, they will more often have finished an education and therefore economically less dependent on work in prostitution. Municipalities will have to conduct a substantive interview with each prostitute at the time of their registration or extension thereof.

Initially, the Dutch government chose an age limit of 18, in view of the risk that prostitutes aged between 18 and 21 would disappear into illegality. Minister Hirsch Ballin wants to combat this with strict checks and making illegal prostitutes, operators and their clients punishable.

Prostitutes will have to register in a national register. Upon registration, an interview has to be conducted with each prostitute concerning the risks of the business, health care and assistance, social security, insurance and possibilities to leave the world of prostitution. During such an interview, any abuses can be discussed and forwarded to the police and welfare services. Registration will only be possible in 25 to 35 larger communities throughout the Netherlands in view of the fact that conducting this type of interview requires the necessary expertise on the part of the civil servants. Registered prostitutes will receive a pass with their picture and registration number (but without their name). Clients have to check whether they are dealing with a legal prostitute by means of the pass. It is the intention that clients can establish via the Internet whether the registration number advertised by the prostitute actually exists.

There is a taboo on prostitution although it is legal in the Netherlands. Anonymity and privacy are therefore very important for prostitutes. Only a small number of supervision officials and the police will have access to the national register of prostitutes. The register will also not be linked to other IT systems (such as the Tax and Customs Administration). The details of prostitutes who retire are immediately removed from the register.

Brothels and other sex businesses (clubs, escort services, sex cinemas, massage parlours) are required to have a licence. Municipalities determine via licences where and how many brothels or other sex businesses there will be. As regards brothels and escort companies, a municipality can elect not to allow any company, the so-called zero option. The municipality does need to have supportive arguments for choosing this option that are related to public order, safety or public health. Moral arguments should not play a role.

The licences for prostitution companies will include conditions on health, safety and the right to self-determination of prostitutes. This will strengthen their position. Prostitution companies will require a permanent address with a fixed telephone line for a licence. The licences of escort services will be entered in a national registers which will create supervision of this part of the industry.

Clients who make use of illegal prostitution will become punishable because they maintain a type of prostitution where forms of abuse and exploitation can easily occur. The prohibition on the operation of a prostitution company without a licence and registration duty for prostitution creates a clear division between legal and illegal prostitution. That division is also recognisable for clients.

The act is intended to regulate the prostitution industry, not to obstruct the legal part of the industry. The new act is also intended to make a contribution to combating abuses such as coercion, abuse and human trafficking.

Punishment of violations

• Prostitute without registration or working in a brothel without a licence: A fine of at most 380 euros *
• Clients who visit unregistered prostitutes or unlicensed brothels: A fine of at most 7,600 euros or a term of imprisonment of at most 6 months *
• Sex business without a licence or violation of the statutory rules: A fine of at most 18,500 euros or a term of imprisonment of at most two years

Update: Doubts

8th February 2011. See  article from  dutchnews.nl

Government plans to introduce a special register of prostitutes are running into trouble in parliament, with MPs from the ruling right-wing VVD also having doubts, news agency ANP reports.

In particular, MPs say there are legal questions over the privacy of prostitutes and fears that it will drive them into the illegal sector. VVD MPs are also concerned about the cost of the registration system and regulation, ANP said.

Security and Justice Minister Ivo Opstelten has scrapped plans to introduce a hustler ID for prostitutes.

The ID was to be introduced to supposedly combat illegal practices, such as underage prostitution, people trafficking and forced prostitution.

The idea received severe criticism from both the prostitution sector and parliament. Prostitutes feared the ID would force many of them underground or that their data could be misused.

MPs rejected the proposals because they say registering prostitutes would only drive them into the illegal circuit.

Sex businesses in the famous Amsterdam Red Light district De Wallen must in future be closed after 10.00 p.m. The sex business owners have lost their appeal against the decision of the city council to introduce the closing times.

For 40 years, it was tolerated that brothels, peep shows and sex shops in the Red Light district could stay open until 2.00 a.m. At the beginning of the current year, however, the city council decided that the Shop Opening Times Act had to be enforced ant all sex shops had to close at 10.00pm.

Fourteen owners of 23 sex shops brought a case against the city council, but saw their argument rejected. With the appeal court ruling the collective route is now closed. Individually, a business can however still look and see if it is possible to remain open for longer, said lawyer Rob IJsendijk.

For several years now, the young (37) Amsterdam alderman Lodewijk Asscher has been waging his own crusade against sex workers in Amsterdam. He claims: We have to abandon our romantic view of the red light district.

For many tourists the red light district is a normal stop on their visit to Amsterdam, taking a look at the prostitutes posing in the windows to attract clients. For many visitors the red lights are a symbol of what is possible in the Netherlands, with its tolerant attitude to sex and drugs.

The Dutch government decided to lift the ban on prostitution in 2000. The introduction of licencing was intended to improve the position of prostitutes.

Hard line Alderman Asscher is politically responsible for the red light district. He regularly makes comments regarded as un-Dutch . He believes it is a national misconception that prostitution belongs in the compass of freedom and tolerance. The problems, he claims, are grossly underestimated:

Hard-line criminal behaviour is what is happening behind those windows. Women subjected to extremes of exploitation. They have a non-existent debt they have to pay to a pimp by prostituting themselves. They are physically abused if they don't work hard enough.

It's very difficult to tackle effectively. Very frustrating for the police and the courts. The penalties are often minor. There is also an absence of public indignation. Recently we were dealing with a pimp who had used violent methods to force 110 women into work. The only sign of public anger was when the man escaped.

In his capacity as alderman, he has introduced a number of measures aimed at reducing window prostitution. Amsterdam has been buying up properties previously owned by the sex industry. In February this year more than 60 addresses lost their prostitution designations. The council is rezoning the whole area. In the future, brothels and coffeeshops will make way for cafes, restaurants and ordinary shops.

Over the next few weeks the Senate will be debating a new prostitution bill. Proposals include discriminating against youg adults  by making the minimum age for registered prostitutes 21 instead of 18.

Having sex with a prostitute living in the Netherlands illegally would become a criminal offence.

It's now or never, threatens Lodewijk Asscher. If it can't be regulated, prostitution will have to be made illegal again.

Amsterdam city council's marketing department should stop promoting the red light district as an exciting tourist attraction, a Christian Democratic councillor has said.

Encouraging tourists to visit the area ignores the problems associated with prostitution and tourists should be told the truth about the position of sex workers , CDA councillor Marijke Shahasavari is quoted as saying.

Amsterdam's promotional website Iamsterdam recommends the evening as the best time to visit this famous part of Amsterdam. The website states:

Prostitution has enjoyed a long tradition of tolerance in Amsterdam and, as with soft drugs, the Netherlands approach is to legalise the trade and impose regulations.' In addition to preventing forced prostitution, this open and honest approach means sex-workers here have their own union, plenty of police protection, an information centre (for visitors as well), frequent monitoring and testing and professional standards.

A bill to regulate the Dutch sex industry has been put on ice in the Upper House. Justice and Security Minister Ivo Opstelten has been told to provide more information on storing data and to investigate whether the plan infringes on human rights.

The bill stipulates that customers have to ascertain whether prostitutes are working legally, because it is a criminal offence to visit an illegal prostitute. This means customers have to be able to find out whether the establishment has a licence, so that they can rest assured that prostitutes are working legally.

Prostitutes who do not work for a brothel have to be registered, so that customers can check their status by phone or on the internet.

The minister does not want to scrap registration altogether, but is willing to have prostitutes registered under a number rather than under their own name and address.

The city of Amsterdam says it plans to force brothel owners to submit a business plan to the city describing what measures they are taking to ensure sex workers are healthy and not being exploited.

Prostitution has been legal in the Netherlands since the year 2000, and tolerated in Amsterdam for centuries. But in recent years both the city and national government have been giving way to political correctness.

The city says it will adopt the measures announced by 2013, whether or not a national law raising the minimum age for prostitutes to 21 has gone into effect.

Amsterdam City Council has decided to rezone large sections of De Wallen, as it is known in Dutch, and shut down and evict brothels and other sex businesses which fail to co-operate.

The get-tough policy will come into effect in parallel with a new law banning tourists from the city's coffee shops , where cannabis and other drugs can be bought and consumed legally. The law is in force in Maastricht, and will apply nationwide from January 1st next.

The miserable deputy mayor, Lodewijk Asscher, who is overseeing the anti-sex work campaign, said the red light area's enormous value made a legal challenge inevitable. He said:

De Wallen is big business, and sex industry bosses are always ready for a fight. Even before the outline zoning proposals were completed, we were aware that lawyers had been briefed and were preparing to pick holes in them wherever possible.

The district currently has 400 red-light windows, and Asscher said that should be reduced by 100 by 2017.

Netherland's 'Justice' minister Ivo Opstelten is to revise some aspects of new restrictions on prostitution following concerns from the upper house of parliament.

Senators are concerned about how effective the law will be in practice, Nos television says.

The aim of the legislation is to repress prostitution by imposing a licencing system and setting up an official register of prostitutes.

The legislation will also ludicrously require customers to make sure they are visiting a legal prostitute. If the customer fails to check and the prostitute is unregistered he will have committed a criminal offence and could be fined.

This is the second time the senate has delayed the legislation, Nos says. Earlier senators wanted more information about the data protection aspects of the new law and the implications of human rights legislation.

Amsterdam moralists of the local council are considering going it alone with repressive attacks on the sex industry after efforts to get their way at that national level appear to have failed.

In particular, the council is considering raising the legal age to become a prostitute from 18 to 21 and introducing a language test. A council spokesman claimed:

A language test is important because it will not only enable the prostitute to speak to police and social workers but take care of herself in an emergency situation.

The proposals will be discussed by the city council executive next week.

The upper house of parliament is currently considering legislation which would require all prostitutes to register as sex workers. It would force clients to check whether the prostitute is registered or not. Both these requirements have come in for heavy criticism.

PC extremists on Amsterdam Council have voted to increase the legal age for prostitution from 18 to 21 as part of a series of new regulations aimed at repressing the sex industr.

The city council decision will be now be written into local bylaws, along with closing hours for brothels and red-light windows between 4am and 9am. Dutch language tests will also  be introduced for the same reason. A council spokesman claimed:

Younger women tend to be more vulnerable. This is part of a set of measures designed to tackle abuse in the sex industry, and strengthen the independence of prostitutes. The logic of the language tests is the same: if women get into trouble, they need to be able to communicate.

In addition brothel managers will have to produce business plans which show how health and safety regulations, particularly in relation to working hours, are being applied to their employees. If they are renting windows to individual prostitutes, the businesses will have to produce contracts showing the price being paid and any other conditions.

Sex workers in Utrecht have made a last ditch appeal to the city council ahead of plans to close the last of the city's licenced brothels - most of which operate on boats.

The rental contract for the only remaining brothel owner in the city expires next week and is not being renewed because the mayor has concerns about a supposed link with human trafficking.

That means some 300 sex workers will be without a place to work from July 25.

According to news agency ANP, a spokeswoman for the prostitutes says that many of them will now disappear into the illegal sector. Instead, they suggest forming a collective which will rent the boats directly from the council. However, Wolfson has halready told RTV Utrecht that there is no question of the council running prostitution boats .

If no solution is found by Friday, the women are threatening to put up a tent in front of the town hall. They may also take some form of legal action, RTV Utrecht said.

Amsterdam is set to move ahead with plans to close 40% of the prostitution windows in its famous De Wallen red-light district.

26 owners of a total of 100 window brothels, in which sex workers can be seen by prospective clients from the street, had appeared before the Dutch Council of State, the highest administrative body in the Netherlands, to argue against the closures.

But the body said that a reduction in these sex establishments and their concentration in a smaller area would allow better control and monitoring of window prostitution.

The ruling means Amsterdam can now fully implement its gentrification Project 1012 initiated by then-mayor Job Cohen in 2008. The city hopes to replace the windows with more boutiques and art galleries in the picturesque old canal houses.

Amsterdam's famous red-light district is under threat, from the economic crisis on one hand and on the other lawmakers are proposing restrictive changes to the sex-for-hire industry.

The economic crisis is forcing prostitutes to lower their prices and to accept dubious sexual practices, according to the sex work advocacy group Geisha.

The trend is apparent in the main cities, with some prostitutes unable to pay the rent on their rooms , Ilonka Stakelborough from Geisha told Algemeen Dagblad. Until recently, the minimum price was EUR50, but this has now dropped as low as EUR20 in cities such as Amsterdam and The Hague.

Geisha is to set up a project for sex workers so they can form a co-operative. Geisha will rent a room which prostitutes only pay rent for when they are actually working.

Gender extremism has been taking hold in the Netherlands for some time . For example. Myrthe Hilkens, a Labor Party legislator who supports a series of moves to tighten the rules on prostitution said:

For something as simple as the lust for sex, we are tolerating modern-day slavery.  I think that cannot be.

Anti sex work proposals are far-reaching. Most contested is a bill to require all prostitutes be registered with the government---a measure that has already been approved by the lower house but is struggling in the Senate. Also in the works: raising the minimum age to 21 from 18, and a requirement that escort services be licensed, just as brothels currently are. A vote is expected before the summer recess on July 9.

Under the proposed registry, Holland's roughly 20,000 prostitutes would have to meet with government officials and show they are not being coerced in order to get a registration card.

Meanwhile, the city government in Amsterdam on Wednesday is expected to approve tougher rules, including ordering brothels to close in the early-morning hours and requiring that prostitutes speak Dutch, English, German or Spanish.

City officials say they have managed to cut the number of prostitutes' windows in the red-light district from 500 to 409 in about five years, and want to ultimately bring it down to 300.