• Increase efforts to investigate and prosecute trafficking crimes and seek adequate penalties for convicted traffickers, and ensure convicted traffickers serve sentences in practice.
• Ensure all 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.
• Develop safeguards for victims to protect them against traffickers freed on suspended sentences.
• Increase training for judges on the severity of the crime and the impact on victims to ensure convictions result in adequate sentences.
• Revise the anti-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.
• Develop, adopt, and implement a comprehensive national action plan.
• Consistently enforce the prohibition of worker paid recruitment fees, including by ensuring any recruitment fees are paid by employers and holding fraudulent labor recruiters criminally accountable.
• Improve efforts to screen for child victims and utilize child victim identification procedures.
• Partner with civil society to provide shelter and services to all trafficking victims.
• 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 decreased anti-trafficking 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 reported investigating 13 trafficking cases in 2024, compared with 94 investigations in 2023, 66 in 2022, and 47 in 2021. The government reported prosecuting 29 suspected traffickers in 2024, compared with 47 prosecutions in 2023, 33 in 2022, and 19 in 2021. Courts convicted two traffickers in 2024, compared with six convictions in 2023, three in 2022, and two in 2021. Judges sentenced both traffickers to 18 months’ imprisonment and a fine; however, both 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 in recent years prosecutors pursued cases against few suspected traffickers relative to the number of cases investigated, often due to lack of evidence and prosecutors’ focus on the “most serious” cases. In 2024, CCDH analyzed prison sentences issued for trafficking crimes over a 10-year period, concluding most sentences issued to convicted traffickers were partially or fully suspended. GRETA noted 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. GRETA and CCDH expressed concern the resulting lenient or suspended sentences weakened deterrence and did not adequately reflect the nature of the crime.

CCDH reported the police collected data on trafficking crimes and victims; however, observers reported need for improved statistical data collection. The police units responsible for investigating trafficking crimes hired additional personnel in 2024 but continued to face staffing shortages and a backlog of cases. The National Institute of Public Administration continued anti-trafficking training to law enforcement, investigators, prosecutors, judges, social workers, labor inspectors, and immigration officials. 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, and with EUROPOL and INTERPOL.

The government maintained victim protection efforts.

Police officially identified four victims; this was a significant decrease compared with 64 victims officially identified in 2023. Police identified an additional 21 presumed victims (9 women and 12 men) in 2024, an increase compared with 17 presumed victims in 2023 (15 women and two men). Police tracked presumed victims referred by labor inspectors as a unique statistic to better track and investigate these cases. While unable to formally identify trafficking victims, labor inspectors could refer potential victims to the police; police reported labor inspectors identified 23 presumed victims in 2024, compared to 22 in 2023. Of the 48 total officially identified and presumed victims, the government did not differentiate data between victims traffickers exploited in sex trafficking, labor trafficking, and in unspecified forms of trafficking. CCDH assessed the number of child victims authorities identified since 2010 likely far undercounts the actual number of child victims. Authorities attributed the decrease in officially identified victims to a comparative rise in 2023 following a large-scale sex trafficking case; however, the government reported the lowest number of officially identified victims in at least four years. Authorities officially identified 64 victims in 2023, 50 victims in 2022, and 20 victims in 2021. The government maintained a standardized process to identify trafficking victims and refer them to services. Front-line officials and NGOs received training on identification and referral. Immigration officials used a victim identification protocol to identify victims among migrants and asylum-seekers, including unaccompanied children; however, the government did not report identifying any victims among these populations in 2024. Anyone could refer potential trafficking victims to the police, but the police retained the sole authority to officially identify victims and confer official victim status necessary for government assistance. GRETA noted, in practice, police often consulted with prosecutors before confirming a victim’s status.

The government funded a network of NGOs to provide services to trafficking victims. The law required police to inform identified victims of their right to assistance; however, Luxembourg lacked a legal framework guaranteeing victim protection, which remained pending approvals. An interministerial committee made determinations on a case-by-case basis for victims’ access to care. GRETA noted the pamphlet police used to inform crime victims of their rights did not include specific information on the rights of trafficking victims. The two main NGOs responsible for coordinating victim services, while continuing to function as distinct organizations, operate under a single public banner, Infotraite, to share resources and provide better access for victims. The government allocated €639,200 ($655,140) for Infotraite’s operations in 2024, a significant increase compared with €527,800 ($549,219) in 2023. CCDH noted, however, that even with their pooled resources the Infotraite NGOs were unable to provide 24-hour services, which delayed victim assistance. Government-funded victim services included housing, psychological support, medical care, legal assistance, financial assistance, and translation and interpretation services. NGO-run shelters received government funding; the government allocated €8.57 million ($8.92 million) in 2024 to shelters that could assist trafficking victims, an increase compared with €8 million ($8.32 million) in 2023. The government did not report how many trafficking victims were served at the government-funded shelter in 2024. Child victims, when identified, could be placed in facilities run by the Child and Family Support Services. CCDH continued to advocate for a shelter dedicated specifically for trafficking victims since existing shelters also accommodated victims of other crimes such as domestic violence. Infotraite reported providing assistance to 41 trafficking victims in 2024 – 15 victims identified in 2024 and 26 victims identified in prior years who continued to receive assistance – compared with 44 new and ongoing victims assisted in 2023.

The law entitled foreign victims to a 90-day reflection period to recover and decide whether they wanted to testify. After the reflection period, victims must choose to participate in criminal justice proceedings to continue receiving full victim services, including residence permits. Victims who chose not to participate in criminal justice proceedings 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. The government made available free legal aid for victims in criminal cases. 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 and allowing recorded testimony for child victims. Courts could grant restitution, and victims could claim compensation through civil suits against traffickers, although the government did not report courts granting restitution or any victims filing for compensation in 2024. A 2022 law allowed trafficking victims to receive restitution from asset forfeiture. CCDH noted, 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 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. Police and labor inspectors were required to inform immigration authorities when they encountered a presumed trafficking victim without documentation, which likely made workers vulnerable to labor trafficking reluctant to report exploitative working conditions. Officials did not consistently implement screening procedures to screen potential victims for trafficking indicators, including for asylum-seekers, and often relied on victims to self-identify. Limited access to reception centers left many without safe options for shelter, significantly increasing their vulnerability to trafficking. Luxembourg law contained a non-punishment clause for unlawful acts committed as a direct result of being trafficked. However, victims who were not formally identified were at risk of inappropriate penalization solely for unlawful acts committed as a direct result of being trafficked. 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 forced criminality cases or sex trafficking cases where victims had a prior relationship with the trafficker.

The government increased prevention efforts.

The government’s interministerial anti-trafficking committee, chaired by the MOJ, met three times in 2024 to coordinate anti-trafficking policy. A task force 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, which has not been updated since 2016. CCDH, in its role as the national rapporteur, published its last biannual report on government anti-trafficking efforts in February 2024. Infotraite operated trafficking-specific hotlines during regular business hours, and the government ran a hotline for victims of crime, including trafficking. Government-funded NGOs conducted awareness campaigns and published leaflets in various languages. The government previously reported funding a multi-year development framework agreement with an NGO for anti-trafficking programs in South Asia and West Africa.

Labor laws prohibited recruitment fees, and foreign workers were allowed to change employers without special permissions; however, observers noted this depended on their type of work permit or visa. For example, individuals with seasonal worker visas, had their employment status tied to a specific employer or time period, which may have limited their ability to change employers, increasing risk of exploitation. The government designated a point of contact to liaise on responsible business practices. CCDH called on the government to create a standalone, national due diligence law on supply chains. The government provided optional anti-trafficking training for diplomats. 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.

Trafficking affects all communities. This section summarizes government and civil society reporting on the nature and scope of trafficking 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 China in restaurants, hospitality, domestic work, and construction. EU Member States, including Luxembourg, faced labor exploitation as a primary form of exploitation. Traffickers increasingly use social media to advertise fraudulent jobs. Traffickers frequently house victims in neighboring countries, transport them across borders, and exploit them in Luxembourg; authorities note a rising trend in foreign nationals exploited enroute to Luxembourg. Traffickers transport Romani children from neighboring countries for forced begging and forced criminality in Luxembourg. Migrants and asylum-seekers are especially vulnerable to labor and sex trafficking. Unaccompanied children are also vulnerable to forced begging and forced criminality.