ISSUES TO CONSIDER IN THE DEVELOPMENT OF A PLAN OF ACTION

What is People Trafficking?

At its most simple level, people trafficking is forced exploitation of people.  The most prominent form of trafficking is of women for commercial sexual services.  International experience of trafficking is characterised by:

• the victimisation of vulnerable people from developing countries, and countries with economies in transition, for
• sustained exploitation in developed countries. 

Difference between Trafficking and Smuggling

People trafficking, as defined in the United Nations Trafficking Protocol, is:

• “the recruitment, transportation, transfer and harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, or the abuse of power or of a position of vulnerability, or of the giving or receiving of payments or benefits to a person in control of the victim, for the purposes of exploitation which includes sexual exploitation, forced labour or services, slavery or similar practices, and/or the removal of organs”.

The Trafficking Protocol states that the recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered “trafficking in persons” even if this does not involve the other factors outlined above.

New Zealand has adopted a transnational definition of people trafficking which only covers occurrences where victims are taken across international borders.  This definition is instilled in Section 98D of the Crimes Act 1961.  Other existing legislation already covers criminal offences associated with the exploitation of victims of trafficking within New Zealand.

Smuggling of migrants, as defined in the United Nations Smuggling Protocol consists of two elements:

• the procurement of the illegal entry of a person into another country of which that person is not a national or a permanent resident, and
• obtaining, directly or indirectly, a financial or other material benefit for procuring such entry.

The key difference is that trafficked people are under the control of the traffickers, unlike those who are smuggled.  Victims of trafficking are subjected to exploitation and coercion at the hands of the traffickers.  Smuggled migrants intend to enter countries illegally and tend to be left to their own devices once they have crossed the border.

Role of the Government and NGO Sector

The New Zealand Government is involved in preventing people trafficking by contributing to overseas development assistance in order to reduce push factors, maintaining robust border controls, participating in international programmes and discussions on people trafficking, developing the procedures for identifying and investigating traffickers, and assisting victims of trafficking.

The Government funds the NGO sector to provide social services and assistance for vulnerable people.  The NGO sector could work with the relevant government agencies to support victims of trafficking by providing refuge, social services and assistance.

No one has been prosecuted for trafficking in New Zealand.  Therefore, it has not yet been possible to assess the adequacy or appropriateness of the legislative and policy measures or social services that may be involved in dealing with cases of people trafficking.

People Traffickers and Victims of Trafficking

The existing policies and procedures for preventing people trafficking and prosecuting traffickers are discussed in the People Traffickers section.  The Victims of Trafficking section looks at the assistance available that victims of trafficking may access and the processes to find positive future outcomes for victims.  Both sections suggest work to enhance the ability of the New Zealand Government and NGOs to prevent and combat potential cases of people trafficking.

QUESTION

What other factors should be considered in the development of a plan of action to prevent people trafficking?

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