This article was written by advocate Hilit Cohen of IWN's legal Department and translated from Hebrew by Daniella Gera, an IWN volunteer

1. The phenomenon of trafficking of women

One of the most serious and difficult phenomena we have been witnessed to these past years is that of the trafficking of women.

Every year hundreds of women from the Former Soviet Union are being traded for work in the sex industry of Israel, an estimated 3000 women, traded for prostitution, are in Israel at any given time.

According to the immigration authority, since the month of January 1,374 illegal women (women with no valid permit) have been exiled from the country. A quarter of these women (384) are victims of trafficking, mainly from the Former Soviet Union. In many cases the women are bought and sold for large quantities of money, some are forced to work, and some are kidnapped against their will.

These women are susceptible to callous violations of their rights as human beings – imprisonment, violence, torture, slavery and rape. Defending these women is of the highest importance seeing as they are in danger from both the pimps and the traffickers.

Amendment to the Penal Code Act 1977 from the 21.07.00, ruled that anyone trading in human beings for prostitution or who forces a human being to leave their country in order to deal with prostitution can be sentenced to imprisonment. Amendment from 29/03/00 to Women’s Equal Rights Law declared that "Every woman has the right to be protected against violence, sexual harassment, sexual abuse and the trading of her body".

2. Involvement of the IWN with the coalition against the trafficking of women.

The Israel Women's Network initiated the first study on the phenomenon of trafficking of women in Israel on November 1997. It was one of the founders of the coalition against the trafficking of women in 1997 and continues to work in that framework today.

The coalition against the trafficking of women includes a number of human-rights organizations and individuals who have taken upon themselves to work together to eradicate the phenomenon of trafficking of women and to look after and take care of the women who have been trafficked into sex industry in Israel.

The coalition believes it is the responsibility of the state of Israel to take care of the victims of such trafficking and see to their initial rehabilitation and recuperation from their terrible experiences in Israel.

The coalition's main recommendations against the trafficking of women:

• The State of Israel will examine the dangers these women face in returning to their country of origin and if necessary will grant them a fugitive status or find them an alternate country to immigrate to.
• The state will establish a safe shelter for the trafficked women, whether they testify or not. The shelter will provide medical, psychological and legal aid.
• A period of initial recuperation will be given before the woman decides whether or not she is interested in testifying.
• Individual care will be given to women with special needs – Pregnant women, women addicted to drugs and minors.
• The police must initiate specific action and designate resources to fight the trafficking problem.
• The trafficked women are not to be released on bail by pimps.
• The state must compensate the victims as part of the criminal process.
• The State must provide a witness protection program for the trafficked women who agree to testify against those involved in trafficking.

3. The parliamentary investigatory committee against the trafficking of women.

The parliamentary investigatory committee against the trafficking of women, headed by MP Zehava Galon, began working in the year 2000. During the committee's activities to eliminate the trafficking of women and aid those who have been traded, it submitted a number of different bills regarding the victims of trafficking.

Recent legislation:

• Determining the minimum punishment in cases of trafficking of women as imprisonment. In the event that a judge sentences the offender to conditional imprisonment, he will be obliged to explain his reasons in giving the sentence.
• Early testimony of a victim of human trafficking for the purpose of prostitution, in order to enable the victim to return as soon as possible to their country of origin.
• The right to an attorney form the civil legal aid to any victim of human trafficking for the purpose of prostitution.

A number of bills that passed the preliminary reading:

• Not having to testify in front of the accused by request of the accuser in cases of human trafficking for the purpose of prostitution.
• It is being suggested that if an Israeli resident or citizen commits a crime of human trafficking for the purpose of prostitution out of the borders of Israel, he will be seen as one who committed the crime within the country's borders. The same will be applied in the case of someone who is not an Israeli resident or citizen and has committed a crime of human trafficking for the purpose of prostitution outside of Israel, he will be seen as someone who committed the crime within the country.
• Aiding the victims in suing the traffickers for various rights they deserve.

Bills that have not passed the preliminary reading yet:

• When dealing with human trafficking for the purpose of prostitution the discussions will be Held behind closed doors in order to protect the plaintive.
• A bill for witness protection, stating the obligation of the police to protect the life of witnesses who are not necessarily citizens or residents of Israel.
• Health services for the victims of human trafficking for the purpose of prostitution.
• Victims of violations of human trafficking for the purpose of prostitution can remain in the country for an additional 3 months (This period can be lengthened), in order to organize themselves, recuperate and go through psychological treatments and the like.
• Granting the victims of human trafficking for the purpose of prostitution a work permit for a period of no longer than 6 months.
• The court will be able to postpone the date of exile till the end of the legal proceedings.
• Widening the term "the crime of human trafficking" so that it includes situations where the human being was bought and sold for purposes of exploitation, coercion and slavery.
• The discussions in court on the subject of trafficking will be held in front of a single judge.
• The compensation given to a victim of human trafficking for the purpose of prostitution will be 100,000NIS per violation.

Today the committee acts in cooperation with the coalition for legislating a comprehensive law against human trafficking, such a legislation will include a number of legal aspects – the violation, the punishment and help for the victims.

4. The inter-offices committee on the trafficking of women.

The government's legal advisor requested from the relevant ministers to establish an inter-offices team to deal with the trafficking phenomenon, headed by a police official. The team began working on November 2000.

The team visited relevant institutes such as the Neve Tirza Prison and the Tzofia shelter. Many experts and several representatives of relevant bodies appeared before the team. Much material from the country and from abroad was collected in the aim of finding possible solutions.

The main issues dealt with by the committee:

• Establishing a shelter offering services to the trafficking victims (Medical, psychological, sociological and legal) – The Welfare and Employment office has issued a tender for the establishment and running of such a shelter. The tender preconditioned any candidate to have in existence a place for the shelter and previous experience in running such an institution. Few applied for the tender and none were accepted. At this stage the tender is being reviewed once more. The coalition against the trafficking of women suggested separating the managing of the trafficking victims' shelter and their recuperation and activities to two separate tenders.
• Establishing a hotline.
• Propaganda in the country and abroad.
• Enlarging police enforcement – Israel's police force is working to eliminate the phenomenon, but many complaints have been heard that it does not work in a broad enough or systematic manner.