PREVENTION
The government maintained efforts to prevent trafficking. The government conducted public awareness campaigns
through television, radio, and print media.The interior ministry continued to operate a hotline for safe travel
abroad to inform potential labor migrants and identify illegal recruitment practices.The government published lists
of licensed companies for employment and marriage abroad. Authorities investigated 52 administrative offenses
related to illegal employment abroad and companies failing to obtain licenses, compared with 157 in 2013.The
government continued to implement the 2013-2015 State Program on Countering Crime and Corruption, which included
anti-trafficking activities. The government did not demonstrate efforts to reduce the demand for commercial sex or
forced labor. The government did not provide anti-trafficking training or guidance for its diplomatic
personnel.
BELGIUM: Tier 1
Belgium is a destination, transit, and limited source country for men, women, and children subjected to forced
labor and sex trafficking. Foreign victims primarily originate in Eastern Europe, Africa, East Asia, and South
America, notably Bulgaria, Romania, Albania, Nigeria, China, and India, as well as Brazil. Male victims are
subjected to forced labor in restaurants, bars, sweatshops, horticulture sites, fruit farms, construction sites,
cleaning businesses, and retail shops. Belgian girls, some of whom are recruited by local pimps, and foreign
children—including Roma—are subjected to sex trafficking within the country. Some Belgian women have been subjected
to sex trafficking in Luxembourg. Forced begging within the Romani community in Belgium also occurs. Foreign
workers are subjected to forced domestic servitude, including in
the diplomatic community assigned to Belgium.
The Government of Belgium fully complies with the minimum standards for the elimination of trafficking. The
government continued to fund shelters providing specialized assistance to trafficking victims.The government
continued to prosecute and convict traffickers, but sentences often were suspended, and most traffickers received
no prison time.The Belgian definition of trafficking remained overly broad in comparison with the definition in the
2000 UNTIP Protocol and did not require demonstration of coercive means to prove a case of human trafficking, which
risked diluting the effectiveness of trafficking prosecutions. Victim identification continued to be a challenge
for the government.
RECOMMENDATIONS FOR BELGIUM:
Enhance training of law enforcement, prosecutors, and judges to improve the conviction rates of traffickers;
enhance training of relevant professionals to increase the number of trafficking victims identified, including
child victims; improve victim assistance and protection services; harmonize procedures for providing legal aid to
minors subjected to human trafficking in an effort to limit the number of stakeholders in contact with them;
provide repatriation assistance to victims from other EU countries; revise the definition of human trafficking
under Belgian law to more closely align with the definition in the 2000 UN TIP Protocol; and, in light of the
expanded legal definition of trafficking in Belgium and in line with Article 2 of the 2011 EU Directive on Human
Trafficking, provide disaggregated prosecution and conviction data for those cases that involved force, fraud, or
coercion to demonstrate that traffickers are vigorously prosecuted.
PROSECUTION
The government decreased anti-trafficking law enforcement efforts. Belgium prohibits all forms of trafficking
through a 2005 amendment to the 1995 Act Containing Measures to Repress Trafficking in Persons. As amended, the
law’s maximum prescribed penalty—20 years’ imprisonment—is sufficiently stringent and commensurate with penalties
prescribed for other serious crimes, such as rape. Belgium’s definition of trafficking in persons is broader than
the definition in the 2000 UN TIP Protocol.The failure of an employer to meet prevailing wage, hours, and working
conditions can constitute “exploitation” under Belgian law, and these cases are included in the government’s
prosecution data. Contrary to the definition of trafficking under international law, coercion is considered an
aggravating factor under Belgian law rather than an integral part of the base offense for adults. Belgian law does
not require evidence of any form of coercion to secure a trafficking conviction. Although these provisions
reportedly were intended to facilitate prosecutions, GRETA reported the overbroad definition may lead to confusion
between trafficking and other criminal offenses and possible difficulties in mutual legal assistance with foreign
governments that use a definition more consistent with the UN TIP Protocol.
The government initiated prosecutions against 259 defendants in 2014, compared with 432 in 2013; it prosecuted
112 defendants for sex trafficking offenses and 115 for labor trafficking or economic exploitation offenses (196
and 184 in 2013, respectively). The government also prosecuted 16 defendants for coerced criminality and 14 for
forced begging. Authorities convicted and sentenced at least 47 traffickers in 2014 with charges including 94
counts of aggravating circumstances, compared with 70 traffickers in 2013. Most convicted traffickers received no
prison time or a partially or fully suspended prison sentence.The government sentenced 42 convicted traffickers to
prison terms (of which 19 were suspended or partially suspended), compared with 63 prison sentences (28 of which
were suspended or partially suspended) in 2013. Most prison sentences ranged from one to five years’ imprisonment;
four offenders were sentenced to one year, 19 were sentenced to between one and three years, 12 were sentenced to
three to five years, and seven were sentenced to five years or more.The government continued efforts to prosecute
eight family members of the Abu Dhabi royal family for allegedly subjecting 17 girls to forced servitude while
staying at a Brussels hotel in 2008. The government did not report any investigations, prosecutions, or convictions
of government officials complicit in human trafficking offenses.
PROTECTION
The government continued efforts to protect trafficking victims. Federal and regional governments continued to fund
three dedicated NGO-run shelters that provided specialized, comprehensive assistance to trafficking victims,
including psycho- social, medical, and legal care.These shelters assisted at least 162 new adult victims in 2014
(including 93 victims of labor trafficking and 43 victims of sex trafficking), compared with 152 new victims
assisted in 2013. NGOs referred more than 20 victims to the shelters; most victims were identified by law
enforcement, social workers, and medical professionals.The shelters were open to all victims regardless of gender,
status, or nationality.The government also funded three shelters for minors; trafficking victims shared these
facilities with victims of other crimes. The government continued to employ systematic procedures to identify and
refer victims for care. The government reportedly did not penalize identified victims for unlawful acts committed
as a direct result of being subjected to trafficking; however, victims who were not properly identified were
vulnerable to such penalization.The most recent report of the government’s trafficking rapporteur noted that,
despite the use of formal procedures, victim identification continued to be a challenge for authorities,
particularly in cases of labor exploitation, where victims were often mistaken for undocumented migrants and in
forced prostitution. It also noted the government lacked a list of offenses typically linked to trafficking,
whereby charges would be dropped immediately if the suspects were actually victims.The government organized
trainings and awareness campaigns for front-line professionals, such as law enforcement, hospital and social
workers, military trainers, magistrates, and other stakeholders to improve identification efforts and circulated
administrative notices to prosecutors.The government also funded specific training on child victims for chaperones
working in institutions for unaccompanied minors.
The government granted most foreign trafficking victims residence and employment permits and protective services;
many services were conditional on the victim assisting in the prosecution of his or her trafficker. To qualify for
victim status, victims must have broken off all contact with traffickers and agreed to counseling at
a
|