Fourth Chapter: Measures taken by national and local authorities

On December 2000 Israel signed the UN Convention Against Transnational Organized Crime and on the 14th of November 2001 Israel signed the supplementary Protocol dealing with trafficking in women.

On June 13th 2000 a parliamentary investigation committee on Trafficking in Women was created and headed by MK Zehava Galon from the party Merez. This committee includes 17 MK`s representing all the parties in the Israeli Parliament. Representatives from the NGO`s declared themselves opposed to the legalization of prostitution as a means to fight against trafficking in women. Machon Toda`a and the Hotline for Migrant Workers are invited to each one of the meetings of this committee.

Until March 2002 there wew 21 meetings. Since March 2002 until March 2003 there were 10 meetings that resulted in a number of law proposals some of which have already been presented to the Law Committee of the Parliament and were accepted for voting by this committee on 7th of February 2002. In December 2002 the Investigation Committee issued its interim report, which grants the phenomenon of trafficking in women for prostitution purposes the utmost importance of national concern. In addition to the amendments of the existing laws some of which have already been passed a first reading, the report offers a global operative legal approach to the issue. In 2004 there were no significant changes and only small scale amendments were passed.

Following are the amendments that passed the preliminary hearing:

1. It was decided that the minimum penalty regarding the felony of trafficking in women will represent a quarter of the maximum penalty which is 16 years. The committee has decided that the court will be obliged to determine at least part of this penalty as actual arrest and not only conditional arrest unless there are special reasons to do so. Passed as a law in 2003.
   
   
2. There is the possibility to judge an Israeli citizen that committed the felony of trafficking in human beings for prostitution purposes in another country even if in this country trafficking in human beings women is not considered as felony. Passed as a law in 2003.
   
   
3. It will be possible to take evidence of the victim of trafficking before the beginning of the trial to allow the victim to get back to her country of origin as soon as possible. The evidence will be taken during 2 months from the day that the court has determined that an early testimony is possible. Passed as a law in 2003.
   
   
4. The victims will be allowed to testify without the perpetrator physically present in order to avoid the threat that might constitute the meeting with the perpetrator. Passed as a law in 2003.
   
   
5. The committee determined, with the recommendation of the Ministry of Justice, that the legal assistance of the Ministry of Justice will assist the victims of trafficking both in the question of their administrative detention and in their civil suites against the pimps. As per estimation of the Ministry of Justice the Legal assistance will deal with at least 4,000 files per year. Each file will cost NIS 3,000.- which means that the Ministry of Justice will have to pay NIS 12 Million ( $2,500,000.-) per year. Passed as a law in 2003.
   
   

Other law proposals have not yet passed the preliminary hearing. These are mainly law proposals that request a considerable budgetary effort.

1. As there is a constant need to defend the witnesses there is a law proposal that requests a witness protection program. Still in process.
   
   
2. Victims of trafficking do not have medical insurance and when the police rescue them from the brothels the medical treatment they need is not covered by the state except for emergency cases. This need has to be taken care of by the state. Passed as administrative regulation in 2003.
   
   
3. A law proposal that allows the victims of trafficking to stay in Israel for at least 3 months and with a possibility to extend the period on humanitarian grounds. Still in process.
   
   
4. Law proposal - A work permit for 6 months to victims of trafficking. Passed as a decision of the Ministry of Interior in March 2004 for the time of the trial and waiting now to extend time of testifying victims one more year after verdict is proclaimed.
   
   
5. A law proposal to protect women arriving to Israel in the frame of mail order bride agencies. This law proposal wants to protect women in case they find out that marriage was not the real purpose of their arrival to Israel, Law proposal is presented to the Knesset (see in this chapter new law proposals).
   
   
6. A law proposal to add victims of trafficking to the list of plaintiffs that are allowed to have hearings with closed doors. The rational behind this law proposal is the same as is the rational according to which is a hearing in case of sexual offences. Not yet dealt with.
   
   

In January 2001 an "Inter-ministerial committee to study and combat the trafficking in persons for prostitution purposes" was created headed by Superintendent Avi Davidovitch. This committee met several times and heard some NGO`s as well as other experts on this issue. The interim report was published in November 2002. The main recommendations of this committee include:

1. The construction of a shelter for the victims of trafficking - should have been opened in March 2003 and was postponed to April 2003. The shelter will be a place also for victims who do not want to testify and a two weeks period will be given to them to decide whether or not they want to testify. In special cases this period could be extended as per the individual case. During their stay in the shelter the women will be entitled to psychological, social and medical assistance as well as pocket money for their expenses. Done.
   
   
2. The use of financial tools to hurt the traffickers and to enable the legal system to confiscate the earnings and possessions of the perpetrators. Done.
   
   
3. The construction of a body that will coordinate among the different authorities that treat the issue (Police, Public prosecution, tax authorities, Ministry of foreign affairs, etc.) as well as coordinating between the NGO`s and the governmental authorities. Process stopped.
   
   
4. Awareness campaign in the countries of origin as well as in Israel. On a very small scale and only in the countries of origin.
   
   
5. Israeli police should continue to implement the instructions of the Head of the Investigation Department from 1.6.2000 and investigate cases of trafficking. Done.
   
   
6. Develop the cooperation between the army and the south district police on the Egyptian border, where most of the trafficking occurs. Try to influence Egypt as a transit country to reinforce its action against the phenomenon along its border with Israel. Done.
   
   
7. Development of the cooperation with the authorities of the countries of origin. There is cooperation with some of the countries.
   
   
8. Training programs for government officials that are facing this phenomenon: police officers, Ministry of Interior, Public Prosecution, Ministry of Labour and Welfare. Started in 2003 only in the police and remains only there.
   
   
9. The state will appoint legal assistance to every trafficking victim at the expense of the State. Legal assistance is appointed to the victims that agree to testify against their traffickers.
   
   
10. In each case of deportation to the country of origin with the consent of the victim, the origin country will be notified so that they will be ready to receive her and give her the necessary rehabilitation and security, It will be possible to be assisted by different NGO`s that help the victims of trafficking in their countries of origin. Still only in a few cases. A procedure not yet established.
    
    
11. Proposed legal amendments:
    
    
    • An Israeli citizen could face conviction also when he is committing the offence in a different country. Done.
      
      
    • Legal arrangement to confiscate the belongings of the traffickers. Part is done and part is still in process.
      
      
    • Legal assistance between countries should include the possibility to act according to an international confiscation act regarding these offenses. In process.
      
      
    • Issue an act that will authorize the police to close down brothels where there is use of trafficked persons. Done but limited to 90 days that can be repeated several times and in most cases the brothels are opened within hours after closure.
      
      

New Law Proposals in 2003:

Law proposals initiated by MK Zehava Galon presented to the Knesset:

- On the 9th of June 2003 ( P/883):

Amendment to the criminal Law article 203A

Trafficking in persons for exploitation purposes, or slavery -

Due to the phenomenon of MailOrder Brides to Israel mainly from Ukraina, the following law proposal was presented:

• He who buys or sells a person for marriage purposes with intent to exploit or enslave this person he or the middleman of this deal , is punishable by a term of imprisonment of 10 years.
  
  
• He who causes a person to leave the state in which the person lives for marriage purposes with intent to exploit or enslave this person, is punishable by a term of imprisonment of 5 years.
  
  

New Law proposals in 2004:

- On the 15th of January 2004 (P/1316) - Passed Preliminary Heairng.

Amendment to the criminal law 2003 ( 204 a; 204b)- Closing of places where pandering and TIP in persons takes place.

Was finalized as a separate law:

- Limitation of use in a place in order to prevent commiting offences Law - 1998 brochure - Was accepted in the Knesset on 30 March 2004

http://www.knesset.gov.il/Laws/Data/law/1998/1998.pdf

Measures taken by the police in 2004

Police activity centralizes in two lines [29]:

1. Initiating investigations inland and in the countries of origin against known targets.
   
   
2. Response activity like raids on brothels, border monitoring all along the Israel- Egypt border.
   
   
   • In the frame of changing the Police policy in combating criminal organizations there is also a change in the Police enforcement policy regarding the issue of Trafficking in persons for prostitution purposes.
     
     
   • The crack down of several dozens of international affairs.
     
     
   • Arrests of the criminals involved in Trafficking of women connected to 29 special investigations.
     
     
   • In 2004 there were 48 women in the Shelter for Trafficked women and this is its full capacity.
     
     
   • The state procurer directives 2.2 were refreshed by the "Modiin" (Intelligence section) and the "Chakirot" (Investigations) sections.
     
     
   • Investigations section informed all its investigators of the requested procedures from the time a victim of trafficking is detected through her transfer to the shelter and her deportation to the country of origin.
     
     
   • Directives of the "Modiin" were published regarding the activity in the offences of TIP integrating the Laundering team using financial tools to combat the assets of the criminals.
     
     
   • When necessary the risk factor awaiting the women who testify is checked.
     
     
   • A directive of the "Modiin" sector forbidding the use of procures and brothel owners as informer sources was distributed.
     
     
   • The conclusions of the inter ministerial task team headed by the prosecutor of the south district to minimize the operation of agents for the long distant were taken.
     
     
   • Directive of the head of the "Immigration police" forbids to send the women caught by the borders authorities back to Egypt and they are sent to their countries of origin from NATBAG airport.
     
     
   • Directives were issued on the way to transfer VOT to the shelter.
     
     
   • If a testifying VOT runs from the Shelter ("Ma`agan") she is declared as "D.CH." (Needed for testifying) as passing the offence of breaking a legal command and as illegal resident. In the end of the trial the VOT is transferred to her country of origin by the immigration authority.
     
     
   • Lately, according to the policy decreed by the Minister of Interior, Testifying VOTs at the end of their testimony procedure request to get a stay permit for a year. As a result their departure is held and they stay in the shelter. (This can cause a place problem for new testifying VOTs).
     
     
   • Names of the procurers and involved in TIP will be forwarded to IMPA (Money Laundering Authority).
     
     
   • In the frame of enlargement of collaboration with more countries information was passed to a work team from Russia and it was decided to declare on mutual targets regarding TIP in the two countries.
     
     

Measures taken by national authorities regarding local prostitution:

The Authority for the Rehabilitation of Prisoners (ARD)

According to the information received from Anat Gur, consultant for women detainees, in "Neve Tirza" prison are staying 130 detainees when about 70% of them are drug addicted and prostitute themselves to afford the drugs. No accurate statistics are available since the detainees do not talk about it. The Authority for the rehabilitation of prisoners (ARD) established rehabilitation and reinsertion services for women and a hostel for those released from prison. There is also "Telem Center" - a day center for treatment and professional insertion for released detainees. Each woman has a special program built with the center consultant according to her needs. Since it is a slow and complicated process part of the work is already done in prison with the help of former detainees who succeeded their reinsertion. In the hostel there are 5-8 women. In the "Telem Day Center" are currently 10 women. Since the begining of this program in 1989 many women beneficiated from it, part of whom are now successfully reinserted . The center is still in contact with 30 prostitution survivors. For the last 2 years Anat Gur has been working on a dissertation regarding the issue of reinsertion of persons in prostitution and this helps to break a taboo on the issue in the ARD.

Community services for minors in distress:

In this report we repeat the same statement we had in last year report:"The scope of solutions, both from official government bodies or proposed by NGOs, is far from being adequate when the number of minors in distress stands at 366,402 (according to the Brookdeil Institute in a research done 2 years ago) while the number of solutions available is only for 58,000 minors. This number was quoted during the Parliamentary Committee on the Rights of the Child on the 2nd of March 2004. Only minors in high risk are refered to the relevant institutions (12,000 places) and even then the waiting list is very long. Due to budget cuts also the existing number of solutions is expected to be reduced. Considering the urgency of the problem this can be considered as a crime of non assistance to minors in danger". In September 2004 Prime Minister Ariel Sharon was supposed to declare the launch of project "NIV" . The project was intended to conduct and coordinate the assistance to minors in danger. The committee, devided among several ministries, holds a budget of 5 milliard shekel. Unfortunately, due to internal quarrels and no budget allocation the project , which was designed to save 350,000 endangered youths is itself in dager of dissolution [30].

We can only add that the current situation is horrific and will continue to deteriorate. (see the reports issued during 2005 by the Police, by the Mnistry of Education, the ntional Security Institute report and the Rape Crisis Center report as noted in Chapter 3 of this report).

Summary of the final Report of the Parlamentary investigation committee on the issue of TIP

Summary of the Report

In June 2000, at the initiative of Knesset Member Gal`on, the Knesset plenary decided to establish a parliamentary committee of inquiry to examine the phenomenon of the trafficking in human beings in the country. The Committee, headed by Knesset Member Gal`on, has been operating for more than four years, and has struggled against all spheres and aspects of the phenomenon.

The Committee held numerous meetings, with the participation of representatives of Government Ministries, the courts of law, extra-parliamentary organizations, etc. Victims of trafficking in human beings and the owners of brothels appeared before the Committee. In addition, the Committee visited brothels, detention centers, custody installations, and shelters for victims of the trafficking in women.

The Committee set for itself two goals:

The first - creating a revolution in the consciousness with regards to women, who are victims of the trafficking in human beings, so that they will be perceived as victims of an offence, women whose rights have been violated, and not offenders or women whose stay in the country is illegal. The second - more stringent treatment of the trafficking offenders, and those who pimp in the bodies of women.

As will be shown in this Report, in these two arenas - the treatment of the women victims, and to the trafficking offenders - the Committee's struggle bore fruit, and contributed significantly to increasing the awareness and the more intensive activity of the law enforcing authorities. The said Report reviews the Committee's activity, and that of the various Government Ministries in the sphere of the trafficking in human beings.

This summary will present the Committee's conclusions and recommendations with regards to each Ministry and Authority.

The Court System

The court system has a central role to play in the war against the trafficking in women, both on the level of punishment and deterrence, and on the level of treatment of women who are victims of the trafficking in human beings, as witnesses in trials and as victims.

As a result of the heavy workload in the courts, the women, who are victims of the trafficking, must wait a long time to give their testimony, and therefore:

• The court system must implement the Prior Testimony in Trafficking of Women Law that was passed by the Committee and is not being implemented. It is necessary to enable the women to give prior testimony.
  
  
• The deliberation should be referred to the forum of a single judge. It is also necessary to refer cases from courts with a heavy workload to courts that do not have a heavy workload.
  
  
• The courts must be more stringent in their verdicts, in order to deter the traffickers in women.
  
  

The Ministry of Justice

The State Attorney's Office - The State Attorney's office has a central role to play in the struggle against the trafficking in human beings. The State Attorney's office decides whether to put the traffickers in women on trial, it works out the plea bargains that were made until recently in most cases of trafficking in human beings.

• The State Attorney's Office must further diminish the use of plea bargains, and raise the level of punishment.
  
  
• It must defend the rights of the women that are victims of the trafficking in human beings, and avoid mentioning their names in the indictments. It is also necessary to give an instruction that higher compensation be requested for the victims of the trafficking, and significantly raise the level of compensation.
  
  
• The State Attorney's Office must act to strengthen its instructions regarding the cases in which it is possible to close the brothels, and act more rigorously to close them in the fastest and easiest manner.
  
  

Legal Assistance - The Legal Assistance must represent the victims of the trafficking in human beings in accordance with the law that was passed by the Committee.

• The law must be implemented in full, in other words, it must be applied to all the women who are victims of the trafficking, something that is not done today.
  
  
• The women who are victims of the trafficking must be informed about the process and about their ability to turn for legal advice on certain civil issues as well, for the purpose of being represented.
  
  

The Ministry of Internal Security

The Ministry of Internal Security has numerous roles to play in the struggle against the trafficking in human beings: the detention of traffickers and pimps, the closing of brothels, treatment of women who are the victims of trafficking, their transfer to a hostel, their removal back to their countries of origin, and defense of the victims.

• The police must establish a special unit to deal with the trafficking in human beings, and avoid making do with small and inexperienced teams that do not include Russian speaking members. In addition, the police must perform more detentions of traffickers.
  
  
• The police must act to close the many brothels that operate unperturbed.
  
  
• Action must be taken to prevent the police from being in charge of the transfer of women to the shelter, and to decide that victims of the trafficking in human beings should not be housed in custody installations.
  
  
• The women who are victims of the trafficking should be returned to their countries of origin directly, and not via Egypt.
  
  
• The police must rapidly formulate a program for witness protection, that will offer protection to women who testify against the traffickers from repeated threats to their lives, and to the lives of their families in their country of origin.
  
  
• Action must be taken to push the Committee's bills forward. These include a bill, which states that a policeman, who goes to a women who is engaged in prostitution as a customer while wearing his uniform, is guilty of a criminal offence, for which the punishment is six months imprisonment, and a bill, which states that soliciting to by policemen shall be considered a more serious offence.
  
  
• The Ministry of Internal Security must hold suitable training for policemen all over the country on the issue, so that they will be able to better cope with the problems that they confront when they must deal with the various aspects of the phenomenon.
  
  

The Ministry of the Interior

The Ministry of the Interior is responsible for the expulsion of the women who are victims of the trafficking in human beings. It determines when they can be returned to their countries of origin; whether during their stay within the confines of the State of Israel they will or will not be given permits to stay and work, and whether they will be removed during the holding of civil proceedings against the traffickers.

• The Ministry of the Interior must recognize the women as victims of an offence, and give them permits to reside and work in a legally ordered and regulated manner, for a period of one year from the day on which they finished testifying, for the purpose of their getting organized and rehabilitated, as was undertaken by former Minister of the Interior, Avraham Poraz, at the Committee's meeting.
  
  
• The Ministry of the Interior must regulate the issue of the victims' identifying documents during their stay in the country (not only for women who are staying in shelters).
  
  

The Ministry for Foreign Affairs

The Ministry for Foreign Affairs has a significant role to play in the struggle against the trafficking in human beings on two levels. The one - dealing with the international criticism, and the second - contact with the destination states, and the countries of origin.

• The Ministry for Foreign Affairs must raise the banner of the struggle in the sphere, due to the harm caused to the name of the State of Israel in the world, and due to its status in the US State Department Report.
  
  
• The Ministry for Foreign Affairs must develop the contacts with the countries of origin, with security factors in these countries, and with international organizations that deal with the issue.
  
  
• The Ministry for Foreign Affairs must ensure that in the various consulates the travel documents for the women who are victims of the trafficking will be arranged, and the rate of payment for the issuing of the documents will be reduced.
  
  
• The Ministry for Foreign Affairs must implement the campaign that it initiated in all the countries from which the women arrive, to inform potential victims of the phenomenon of the trafficking in human beings that exists in the country.
  
  

The Ministry of Finance

According to the evaluations of the representatives of the Israeli tax authorities, as they were presented at the Committee's meetings, we are dealing with an "industry" with a turnover of around one billion dollars per annum. The Committee considered it necessary to deal with the phenomenon in a comprehensive systemic manner, as will be presented in this Report, and thus hurt the traffickers in women in their pockets as well. Economic sanctions, in addition to criminal sanctions, could act as a deterrence to participation in this "industry".

• One should not collect income tax and VAT from the traffickers, since this would imply the legitimization of the traffickers in women. However, it is necessary to approach all the factors responsible for the implementation of the law on the laundering of capital, and use it to cause economic damage to the traffickers in women.
  
  
• The bill for prohibiting the trafficking in human beings must include a forfeiture of property, while granting enforcement powers, as well as civil forfeiture, in order to enable additional economic harm to the pockets of the traffickers in women.
  
  

The Ministry of Welfare

The Ministry of Welfare is involved in many aspects connected with the protection of victims of the trafficking in women. Within this framework the Ministry of Welfare is responsible for the establishment of the shelter, where the women who are victims of the trafficking stay.

• A proper procedure of placement must take place, and the power to refer victims to a shelter must be removed from the police.
  
  
• Also women who are victims of the trafficking in human beings, but are not testifying in courts of law against traffickers in women, should be referred to shelters.
  
  
• It is necessary to renew the work of the inter-ministerial team, and appoint a permanent coordinator, who will formulate a clear policy with regards to the transfer of the victims of the trafficking in human beings to a shelter.
  
  

The Ministry of Health

The Ministry of Health is responsible for the accessibility of medical care, including accessibility of medical care for victims of the trafficking in human beings.

• The Ministry of Health must offer all women who are the victims of the trafficking in human beings, and not only the women who are staying in a shelter, regulated access to health institutions.
  
  
• The Ministry of Health must provide a larger basket of health services to women who are victims of the trafficking. A "medical commando" must raid brothels throughout the country, in order to enable those women to be examined, and to take care of their health problems.
  
  

Beyond the survey that will be given in the Report on the various authorities, as stated above, the Committee will provide details on the testimony given in the Committee, the excursions carried out by it, the laws that it enacted, and the bills that it proposed.

Furthermore, the Report will deal with additional subjects that the Committee examined, such as the incrimination of the customer, a public opinion survey on the trafficking in women, the question of the relations between the women and their pimps and those trafficking in them - whether it is possible to view them as employee-employer relations, etc.

© Copyright 2005, The State of Israel. All Rights Reserved.

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[29] Police report handed by the Police to MK Zehava Galon and to Machon Toda`a as per request during the meeting of the subcommittee for TIP headed by MK Zehava Galon

[30] From Ma`ariv, Article about the Poverty report , 18/1/2005