3071-The political economy of new slavery

Arne Dormaels, Bruno Moens and Nele Praet 83
to punish the use of sexual services provided by a victim of trafficking
in human beings. 7 The government does not intend to criminalize
prostitution as a whole, but only the contemporary slavery that can be
a result of prostitution. However, it is clear that the prostitution network
is frequently used to exploit foreign victims of trafficking (Thijs
and De T’Serclaes, 2000).
Trafficking under Belgian law is understood to involve either (a) commercial
sexual exploitation, economic exploitation or (b) smuggling
with the use of threats, violence or abuse of the vulnerable or precarious
position of the foreigner. The latter is applied to prosecute exploitation
in cases not involving prostitution. Particularly important is the fact that
‘abuse of vulnerable or precarious position’ is interpreted very widely
and that, as a consequence thereof, the foreigner’s illegal immigration
status is proof enough of abuse of the vulnerable position. Obviously,
Belgian law provides a very broad definition of the concept of trafficking
in persons to encompass trafficking for purposes unrelated to the sex
industry (OSCE, 1999). This definition does not merely apply to networks
active in the trade in women, but also covers networks who smuggle
asylum seekers into the country or who exploit legal or illegal foreign
employees (Siron and Van Baeveghem, 1999).
The judicial onus of proof for trafficking in human beings is often
tremendously hard to achieve, compared to the labour law infractions.
Therefore, the Belgian anti-trafficking law defined that, in case of labour
law infractions, with reasonable indications of infringements of the
trafficking law, the Minister of Justice can demand, by means of a court
order, the cessation of activities in expectation of a judicial decision.
This provides the opportunity to react in an effective way when criminal
actions are suspected.
Essential within the legal approach is the ‘Directive on the investigation
and prosecution policy concerning trafficking in human beings
and child pornography’ issued by the Ministry of Justice in 1999 (known
as the COL 12/99) with the aim of establishing a uniform and coherent
policy. A central role in the further enhancement and co-ordination of
the relationship between the justice authorities and the other actors
involved such as the police forces, social services and the departments
of social inspection will be given to the so-called ‘Liaison Magistrate on
trafficking in human beings’. This magistrate will function as a contact
point for the external actors. At least once a year the ‘liaison magistrate’
has to organize a meeting with concerned services in the field of trafficking
in human beings with the aim of establishing and maintaining
an open and respectful dialogue. Furthermore, on a case-by-case basis,