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
Investigatioon 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.
Following are the amendments that passed the preliminary hearing:
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.
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.
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.
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.
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.
As there is a constant need to defend the witnesses there is a law
proposal that requests a witness protection program. In process.
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.
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. In process.
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.
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).
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:
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.
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.
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. In process.
Awareness campaign in the countries of origin as well as in Israel. Not yet.
Israeli police should continue to implement the instructions of the Head
of the Investigation Department from 1.6.2000 and investigate cases of
trafficking. In process.
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.
Development of the cooperation with the authorities of the countries of
origin. There is cooperation with some of the countries.
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.
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.
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 needs to be established.
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 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. In process.
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.
-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.
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:
The scope of solutions, both institutional or proposed by NGOs is far from
being adequate when the number of minors in distress that is quoted is 366,402
(according to a Brookdeil Institute 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.
