OVERVIEW

Purpose

People trafficking [1] is an international crime that so far has not managed to gain a foothold in New Zealand.  We have been fortunate; however there is no room to be complacent.  People trafficking is a global concern and New Zealand could potentially be targeted as a destination for trafficked persons.  New Zealand government agencies and non-government organisations (NGOs) should be prepared to deal with instances of trafficking in accordance with international best practice.

The New Zealand Government is working to develop a plan of action to prevent people trafficking (plan of action) to form a framework for a comprehensive response to prevent people trafficking.  Government agencies’ engagement with interested NGOs in the development of a plan of action aims to form constructive partnerships for identifying indicators of trafficking activity and developing procedures to protect any victims.

The implementation of a plan of action would assist New Zealand to meet our international obligations as outlined in the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (see paragraph 10); to combat international organised crime; and to protect the integrity of New Zealand’s borders.  In addition, an effective plan of action would help to maintain New Zealand’s reputation as a safe country. 

We request your input to ensure that the plan of action developed is right for New Zealand.  Your views on the issues covered in the discussion document will be a valuable contribution in building on our work to prevent this crime.

New Zealand context

There is no evidence to suggest that New Zealand is a source, transit, or destination country for victims of trafficking.  Even so, New Zealand has already undertaken a number of initiatives to prevent trafficking from occurring and to address any emerging or potential cases.  In order to reinforce efforts already underway, the Government is developing a plan of action as a comprehensive anti-trafficking framework to coordinate work across government agencies and NGOs.

New Zealand has implemented a range of legislative provisions and policies to prevent trafficking, prosecute offenders, and protect the victims.  New Zealand is also party to United Nations Conventions and international programmes relevant to people trafficking.

Exploitation of trafficked persons can take many forms; the most common are forced labour, and sexual servitude.  It is important for the Government to focus anti-trafficking efforts in sectors that may be used to conceal activity.  A plan of action could raise the profile of people trafficking, thereby assisting New Zealand to create an environment to effectively prevent it.

There have been a small number of prosecutions in New Zealand relating to the smuggling of illegal migrants.  The difference between people trafficking and smuggling is outlined in paragraph 25.

International obligations

United Nations

The United Nations aims to strengthen international cooperation across the four pillars of peace, security, human rights and development.  New Zealand is strongly committed to the United Nations and the multilateral system more widely.

On 19 July 2002, New Zealand ratified the United Nations Convention against Transnational Organised Crime (UNTOC) and its supplementary Protocols [2]:

• Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Trafficking Protocol); and the
• Protocol against the Smuggling of Migrants by Land, Sea and Air (Smuggling Protocol).  People smuggling prevention is not within the scope of a plan of action to prevent people trafficking.

As a signatory to the United Nations Trafficking Protocol, New Zealand is required to develop strategies for preventing and combating people trafficking.  The three basic purposes of the Trafficking Protocol are: prevention and combating of trafficking, protection and support of victims of trafficking, and promotion of cooperation between States.  

New Zealand is party to a number of other relevant international conventions, including the United Nations Convention on the Rights of the Child (UNCRoC) and the United Nations Convention on the Elimination of all forms of Discrimination against Women (CEDAW).  New Zealand’s signing and ratification of these international treaties is consistent with the high priority that the New Zealand Government places on the protection of human rights.

The Bali Process on People Smuggling, Trafficking in Persons and other Related Organised Crime

The Bali Process on People Smuggling, Trafficking in Persons and Related Organised Crime (the Bali Process) has strengthened cooperation on these issues between participating countries in the Asia Pacific region.  New Zealand has taken a leadership role in the Bali Process since its inception in February 2002.  New Zealand is a member of the Steering Group (co-chaired by Australia and Indonesia), and contributes funding to the Bali Process for programmes and activities which relate to capacity building, legislative reform, border management, public awareness and information sharing. 

New Zealand is also a ‘country coordinator’ leading the Bali Process work programme of Regional and International Cooperation on Policy Issues and Legal Frameworks.  Regional networks established through the Bali Process are being drawn on to pursue greater regional cooperation between agencies, in particular, to combat trafficking in persons.

Pacific Immigration Directors’ Conference

The Pacific Immigration Directors’ Conference (PIDC) provides a forum for immigration agencies to meet at a senior level to discuss issues of mutual interest aimed at strengthening participants’ territorial borders and the integrity of their entry systems.  These discussions have focused on trafficking issues.  New Zealand chaired the PIDC in 2006 and hosted the 10th PIDC in October 2006.

Interagency Working Group on People Trafficking

In March 2006, an intergovernmental agency workshop recommended the establishment of an interagency Working Group to coordinate and develop a national 'prevention' strategy on people trafficking.  The Working Group has prepared this discussion document to summarise the work the Government has done, and is currently undertaking, to tackle people trafficking.

A plan of action could align the current legal and policy provisions for dealing with perpetrators and supporting victims of people trafficking into a single framework.  A key objective for a plan of action would be to coordinate government agency and NGO efforts to prevent trafficking and assist potential victims.  A plan of action would also outline a plan for improving New Zealand’s ability to prevent and detect people trafficking.

The Working Group proposes that a plan of action could address, and be measured against, the following objectives:

• Prevention of people trafficking
• Prosecution of people traffickers and exploiters
• Protection and support of victims of trafficking
• Settlement of victims of trafficking.

The Working Group would like to hear your feedback on the following areas in the discussion document:

• Issues to consider in the development of a plan of action
• Comments and questions about People Traffickers
• Comments and questions about Victims of Trafficking
• Strategy for a plan of action

---