Seek adequate penalties for convicted traffickers, which should involve significant prison terms, and ensure convicted traffickers serve those sentences in practice. * Allow formal victim identification by entities other than the police, possibly including civil society, labor inspectors, social workers, and health care professionals, to ensure victims have immediate access to services. * Ensure victims have access to the full range of services regardless of the outcome of the case against the trafficker or whether they choose to participate in criminal justice proceedings. * Ensure victims are not inappropriately penalized solely for unlawful acts committed as a direct result of being trafficked. * Increase funding to NGOs to ensure shelter and services are offered and available to victims immediately upon identification. * Develop safeguards for victims to protect them against traffickers freed on suspended sentences. * Revise the trafficking law to clarify that force, fraud, or coercion are core elements of the crime of trafficking of adults rather than aggravating factors, consistent with international law. * Increase training for judges on the severity of the crime and the impact on victims to ensure convictions result in adequate sentences. * Take steps to eliminate recruitment fees charged to workers by labor recruiters and ensure any recruitment fees are paid by employers. * Promote a victim-centered approach in child victim identification procedures. * Develop, adopt, and implement a comprehensive national action plan. * Develop and maintain a comprehensive and centralized database to accurately track and report the government’s anti-trafficking statistics and improve information sharing and targeted anti-trafficking approaches among relative government agencies.

The government increased law enforcement efforts. Luxembourg criminalized sex trafficking and labor trafficking through Articles 382-1 and 382-2 of the criminal code and prescribed penalties of three to 10 years’ imprisonment and a fine for trafficking crimes involving adult victims and 10 to 15 years’ imprisonment and a fine for crimes involving child victims. These penalties were sufficiently stringent and, with respect to sex trafficking, commensurate with penalties prescribed for other grave crimes, such as rape. Inconsistent with the definition of trafficking under international law, the law established the use of force, fraud, or coercion as aggravating factors rather than essential elements of the crime. GRETA raised concerns the definition could lead to confusion between the crimes of pimping and human trafficking, as well as problems cooperating with foreign authorities.

The government investigated 94 trafficking cases, compared with 66 investigations in 2022. The government prosecuted 47 suspected traffickers in 2023, compared with 33 prosecutions in 2022. Courts convicted six traffickers in 2023, compared with three convictions in 2022. Judges issued sentences ranging from six to 18 months’ imprisonment, with fines and court fees; however, all six sentences were fully suspended. The government did not report any investigations, prosecutions, or convictions of government employees complicit in trafficking crimes. The Consultative Commission on Human Rights (CCDH), in its capacity as the national rapporteur, noted that in recent years prosecutors pursued cases against few suspected traffickers relative to the number of cases the judicial police investigated, often due to a lack of evidence and prosecutors’ focus on the “most serious” cases. In a February 2024 report, CCDH analyzed prison sentences issued for trafficking crimes over a 10-year period, concluding most sentences issued to convicted traffickers were either partially or fully suspended. Additionally, GRETA noted that courts often applied mitigating factors to trafficking charges; in many cases the council chamber pre-trial courts reduced the charges to misdemeanors, which significantly lowered the penalties available to the trial court, and trial courts could also apply mitigating factors to further reduce or suspend sentences. Furthermore, while prosecutors brought cases to court demonstrating force, fraud, or coercion and invoking aggravating circumstances in nearly every case from 2018 to 2021, trial judges rarely agreed to recognize these factors, often placing a greater burden of proof on prosecutors to demonstrate victims’ vulnerability or harm suffered. GRETA and CCDH expressed concern the combination of applied mitigating factors, unapplied aggravating circumstances, and the resulting lenient or suspended sentences weakened deterrence and did not adequately reflect the nature of the crime.

CCDH reported the police made progress in collecting data on trafficking crimes and victims, but noted further progress was still needed, especially in developing new technological and statistical approaches. The police units responsible for investigating trafficking crimes and protecting victims hired additional personnel in 2023, but they continued to face staffing shortages that limited their ability to respond quickly to trafficking crimes; an expanded mandate to address other crimes further strained resources. The National Institute of Public Administration provided anti-trafficking training to law enforcement, prosecutors, and judges. The Ministry of Justice (MOJ) sent Judicial Police inspectors to foreign countries to investigate criminal cases that occurred in Luxembourg territory. Luxembourg authorities continued close cooperation in anti-trafficking law enforcement efforts with neighboring countries including Belgium and the Netherlands, as well as with international organizations including EUROPOL and INTERPOL.

The government maintained uneven efforts to protect victims. Police officially identified 64 trafficking victims (48 women, 16 men), compared with 50 in 2022 (48 women, two men). Police investigated the cases of an additional 17 presumed victims (15 women, two men), compared with 15 presumed victims in 2022 (six women, nine men). Of the 81 officially identified and presumed victims, traffickers exploited 54 in sex trafficking, 25 in labor trafficking, and two in unspecified forms of trafficking. Authorities did not identify any child victims for the third consecutive year. CCDH assessed that the number of potential, presumed, and confirmed child victims since 2010 likely far undercounts the actual number of child victims. The government maintained a standardized process to identify trafficking victims and refer them to services; staff from front-line government agencies and NGO service providers received training on how to identify and refer trafficking victims. Immigration officials used a specific victim identification protocol to identify victims among migrants and asylum-seekers, including unaccompanied children. Any person or organization could report a suspected trafficking victim to the police, but the police had the sole authority to officially identify a victim and confer the official victim status that entitled them to government assistance. GRETA noted, in practice, police often consulted with prosecutors before confirming a victim’s status. In 2023, the police began tracking potential victims referred by labor inspectors as a unique statistic to better track and investigate these cases; police recorded 22 presumed victims identified by labor inspectors in 2023.

The government funded a network of NGOs to provide services to trafficking victims, and the law required police to inform identified victims of their right to assistance. GRETA noted the pamphlet police used to inform crime victims of their rights did not include specific information on the rights of trafficking victims, which could lead to gaps in assistance. The two main NGOs responsible for coordinating victim services, while continuing to function as distinct organizations, have since 2022 operated under a single public banner, Infotraite, to share resources and provide better access for victims. The government allocated €527,800 ($583,200) for Infotraite’s operations in 2023, compared with €277,000 ($306,080) in 2022. CCDH noted, however, that even with their pooled resources the Infotraite NGOs were unable to provide 24-hour services, which caused delays in victim assistance. Government-funded victim services included housing; psychological support; medical, legal, and financial assistance; and translation and interpretation services. NGO-run shelters received government funding to accommodate male and female trafficking victims; the government allocated €8 million ($8.8 million) in 2023 to support these shelters, compared with €7.7 million ($8.5 million) in 2022. In April 2023, a new government-funded shelter opened to provide support and services to particularly vulnerable victims; the shelter did not receive any trafficking victims in 2023. Child victims, when identified, were placed in facilities run by the Child and Family Support Services. CCDH continued to advocate for a shelter dedicated specifically for trafficking victims; existing shelters also accommodated victims of other crimes such as domestic violence. Infotraite reported providing assistance to a total of 44 trafficking victims in 2023 – 19 victims identified in 2023 (14 women and five men) and 25 victims identified in prior years who continued to receive assistance, compared with 21 new and ongoing victims assisted in 2022. Seven of the newly identified victims and 23 victims from prior years received full victim services, while the remaining 12 new and two prior victims received psychological assistance.

The law entitled foreign victims to a 90-day reflection period to recover and decide whether they wanted to testify. Upon expiration of the reflection period, victims must choose to participate in criminal justice proceedings in order to continue receiving full victim services, including residence permits. Victims who chose not to cooperate were entitled to one month of additional psychological support; authorities could assess residency status on a case-by-case basis. Temporary residence permits granted to trafficking victims participating in the judicial process were valid for six months and could be renewed throughout the duration of the investigation and trial. Victims who received residence permits could work; however, GRETA noted this could have adverse effects on victims’ eligibility for legal aid and other services. Victims who chose to participate in criminal justice proceedings could receive police protection, if necessary, throughout the judicial process. The government took measures to avoid re-traumatization, including by limiting the number of times authorities interviewed a victim, assessing victims’ individual needs, and allowing the use of recorded testimony for child victims. Courts could grant restitution and victims could claim compensation through civil suits against traffickers. Experts expressed concern the amounts awarded were often far less than the amounts claimed, as judges regularly dismissed compensation claims in whole or in part, particularly claims for unpaid wages. A 2022 law created an asset management office to allow trafficking victims to receive restitution from asset forfeiture. CCDH noted that, in practice, confiscation of traffickers’ assets was rare; the rapporteur estimated amounts confiscated were far less than the traffickers’ profits from these crimes. Government-funded service providers maintained contacts with their counterparts in other countries, who could assist victims who chose to return to their country of origin rather than participate in criminal justice proceedings.

The government provided legal alternatives to removal to countries in which victims would face retribution or hardship. CCDH and GRETA expressed concern, however, that authorities quickly deported some potential victims who were not formally identified by the police or who declined to participate in criminal justice proceedings before providing necessary services. Furthermore, police and labor inspectors were required to inform immigration authorities whenever they encountered a presumed or potential undocumented trafficking victim, which likely made many workers who were vulnerable to labor trafficking reluctant to report exploitative working conditions. Although immigration officials had a protocol to screen asylum-seekers and other applicants for international protection for trafficking indicators, in practice, officials did not consistently implement the screening procedures and often relied on victims to self-identify. In August 2023, due to overcrowding, authorities began requiring migrants to apply for international protection with immigration officials before they could access migrant reception centers, which left many without safe options for shelter; CCDH reported this significantly increased these individuals’ vulnerability to trafficking. Additionally, officials regularly declined to grant official victim status to migrants subjected to trafficking en route to Luxembourg, as authorities did not have jurisdiction or evidence to open an investigation or prosecute the trafficker; subsequently, these victims were not eligible for assistance or residence permits. Luxembourg law allowed for the non-punishment of unlawful acts committed as a direct result of being trafficked. However, victims who were not formally identified or who lost official victim status when courts reduced or dismissed charges against the trafficker, were at risk of inappropriate penalization for unlawful acts committed as a direct result of being trafficked. Moreover, CCDH noted many judges, when considering whether victims could be held liable, maintained a high bar for victims to prove traffickers compelled them to commit unlawful acts, particularly in cases of forced criminality and in sex trafficking cases where victims had a prior relationship with the trafficker. In October 2023, courts convicted a woman on “pimping” charges, despite evidence that she was potentially a trafficking victim under Luxembourg law and that any alleged unlawful acts committed were a direct result of being trafficked.

The government maintained prevention efforts. The government’s interministerial anti-trafficking committee, chaired by the MOJ, met twice in 2023 to coordinate anti-trafficking policy. A task force of the committee composed of front-line agencies and service providers met monthly to discuss pending cases and organize trainings. The MOJ continued to delay the development of a new NAP, following a change in government in November 2023; the NAP has not been updated since 2016. CCDH, in its role as the national rapporteur, published its biannual report on government anti-trafficking efforts in February 2024, covering the 2021-2022 period and some significant events from 2023. Infotraite operated trafficking-specific hotlines during regular business hours, and the government ran a hotline for victims of crime, including trafficking; no victims were identified via the hotlines in 2023. Government-funded NGOs conducted awareness campaigns. The government continued to fund a multi-year development framework agreement with an NGO for anti-trafficking programs in South Asia and West Africa.

Labor laws allowed recruitment fees but criminalized excessive amounts; the government did not report if it monitored or enforced that prohibition. The National Labor Inspectorate (ITM) employed additional labor inspectors in 2023, but ITM continued to experience staffing shortages, limiting its ability to devote resources to anti-trafficking activities. While still unable to formally identify trafficking victims, labor inspectors were able to refer potential victims to the police; ITM referred 22 potential victims in 2023, compared with 15 potential victims in 2022. CCDH continued to recommended labor inspectors gain the authority to formally identify victims they encounter during inspections and to collect evidence for use in the prosecution of alleged traffickers. The government continued to implement its 2020-2022 NAP on implementing the UN Guiding Principles on Business and Human Rights, which sought to prevent forced labor in private-sector supply chains, which expired in the previous reporting period; the government did not draft an updated version. CCDH called on the government to create a national due diligence law on supply chains. The government encouraged, but did not require, diplomats to attend antitrafficking training. The government did not make efforts to reduce the demand for commercial sex acts but maintained a 2018 law criminalizing the solicitation of a sex trafficking victim.

As reported over the past five years, human traffickers exploit foreign victims in Luxembourg. Traffickers exploit victims – primarily women – from Europe, Africa, Asia, and South America in sex trafficking operations in cabarets and, increasingly, in private apartments. Experts note a growing trend in sex traffickers using online platforms to recruit victims from Eastern Europe, primarily Russia and Ukraine. Labor traffickers exploit victims from Europe, South America, South Asia, and the People’s Republic of China in restaurants, hospitality, domestic work, and construction. Traffickers increasingly use social media to advertise fraudulent jobs and recruit victims. Traffickers frequently house victims in neighboring countries, transport them across borders, and exploit them in Luxembourg. Traffickers transport Romani children from neighboring countries for forced begging and forced criminality in Luxembourg. Migrants and asylum-seekers, including undocumented migrants and unaccompanied foreign children, are especially vulnerable to labor and sex trafficking. Unaccompanied children are also vulnerable to forced begging and forced criminality. Authorities note a rising trend in migrants exploited en route to Luxembourg.