PEOPLE TRAFFICKERS

People trafficking is a multi-billion dollar business which helps to sustain organised crime. The demand for cheap labour and prostitution, including child sex tourism, drives the market in trafficked persons internationally.  Therefore, it is important for anti-trafficking efforts to focus on the reduction of such demand to protect potential victims.

Trafficking is a violation of human rights.  Anecdotal evidence from international cases shows that traffickers target vulnerable individuals by offering them seemingly legitimate job opportunities abroad.  Once they have reached the new location victims are forced to remain under the control of the traffickers and are subjected to ongoing exploitation for the material benefit of the traffickers.  

The Prevention section (from paragraph 37) describes the various measures New Zealand uses to prevent people trafficking.   The Working Group would like to hear feedback from submitters about the initiatives and requests suggestions for new initiatives.

An integral part of the eradication of people trafficking is the prosecution of perpetrators of the crime.  Traffickers may be individuals or linked to organised crime groups, and victims may be “sold” or “re-sold” to separate groups during their transit or at their destination.  This can make it difficult to identify all the individuals who are responsible for the crime. 

People trafficking is a difficult crime to detect.  New Zealand businesses may be able play a role in identifying trafficking activity.  If businesses are aware of trafficking issues they can report practices that may be signs of trafficking, such as under payment of workers or unsatisfactory working conditions.  

In order to increase the chances of successful prosecutions of traffickers, there could be mechanisms in place to encourage victims to come forward to testify against traffickers, and for victim support to be available throughout the prosecution process.

The Prosecution section (from paragraph 45) outlines various legislative provisions that cover the criminal offences relating to people trafficking and raises questions about whether these provisions are adequate, and how NGOs can assist victims of trafficking to participate in criminal proceedings against traffickers.

Prevention

New Zealand has already undertaken a number of legislative, law enforcement and international initiatives to prevent people trafficking.  These initiatives include:

• development of a legal framework including the criminalisation of trafficking
• ratification of United Nations conventions to protect human rights
• ongoing membership in international and regional organisations which have an anti-trafficking focus
• implementation of national plans of action related to improving the circumstances of women and protecting children, and
• financial assistance provided by the New Zealand Agency for International Development (NZAID) aimed at alleviating social and economic conditions that hinder economic development. [1] 

This diagram shows the elements that work together to prevent people trafficking.

The Working Group has recommended strengthening New Zealand’s prevention measures in line with international best practice to ensure that trafficking does not occur in New Zealand.  The Trafficking Protocol highlights the following areas to explore to increase security against people trafficking.  Suggested work items for Government agencies and NGOs are in italics.

Training and enforcement

Training is important to equip enforcement officers and social services with the ability to identify and deal with cases of people trafficking in the correct manner so that the ability to successfully prosecute traffickers is maintained.

Provide targeted training for law enforcement agencies and social services in the prevention, detection, and investigation of trafficking.

Research and intelligence-gathering

Efforts to enhance our collective understanding of trafficking issues are required.  Research and intelligence-gathering can enhance our knowledge of trafficking and assist in the development of measures to address the identified issues.

• Conduct research focusing on the prevalence and nature of trafficking and collect, analyse and disseminate intelligence on any related trends.

Public Awareness

Education campaigns about the global trafficking problem are necessary to develop public awareness of people trafficking and enable indicators of people trafficking to be widely recognisable.

• Promote public awareness through information and media campaigns.

Social and Economic initiatives

Trafficking is fostered in an environment where people are systemically underprivileged, and vulnerable to people and groups with disproportionate power. 

• Participation by New Zealand in social and economic initiatives in developing countries to reduce the vulnerability of people to exploitation.
• Cooperation between government agencies, NGOs, and other relevant organisations and elements of society to prevent trafficking and identify trafficking activity.
• Adopt bilateral initiatives (economic, educational, social and cultural) that alleviate the factors that make persons vulnerable to trafficking, such as poverty, underdevelopment and lack of equal opportunity.
• Maintain strict and regulated labour standards within New Zealand to reduce opportunities for trafficking to exist.

Information exchange

The exchange of information is crucial to the identification of people traffickers (and victims of traffickers) who are passing across borders, and operating in the community.  Information that can lead to the apprehension of traffickers are profiles of suspected traffickers, victims, or members of known organised crime groups, and the types of travel documentation and methods of travel used by traffickers.

• Develop practices for sharing of information between relevant domestic agencies (such as memoranda of understanding for sharing information to assist identifying traffickers and victims).
• Establish bilateral and multilateral agreements to share information with other countries.

Prosecution

Legislation

People trafficking is a crime that can ruin the lives of victims. Despite victims of trafficking breaching immigration or other laws, the circumstances of their illegality are due to the deceptive or coercive actions of traffickers.  Traffickers are motivated to gain material benefit from the persistent exploitation of the victim; this may include providing funds to organised crime groups to expand operations.   

The Trafficking Protocol requires signatory states to create criminal offences related to trafficking in persons. [2]   In 2002, New Zealand criminalised participation in an organised criminal group, smuggling migrants, and trafficking in persons in an amendment to the Crimes Act 1961. [3] 

Under section 98D of the Crimes Act 1961, the penalty for trafficking persons imposes a term of imprisonment not exceeding 20 years, a fine not exceeding $500,000, or both.  Further provisions to criminalise dealing in people under the age of 18 years for sexual exploitation, removal of body parts [4] or engagement in forced labour came into force on 14 June 2006.[5]

In addition, under Section 39A of the Immigration Act 1987, an employer may be prosecuted for exploiting people who are not legally entitled to work by hindering or preventing a person leaving the employment or ascertaining their employment rights. These offences may be punishable by a fine of up to $100,000 and a prison term not exceeding seven years.  Furthermore, New Zealand employment law provides for redress if an employee’s entitlements are not met under the Employment Relations Act 2000, Holidays Act 2003, and the Minimum Wage Act 1983. [6]

The Victims’ Rights Act 2002 provides specific statutory recognition to the role of victims in the criminal justice system.  The Act provides that the victim be informed of the progress of, their role in, and every final disposition of the criminal proceedings.

Investigation

The following diagram outlines the agencies which would be involved in investigating and prosecuting people traffickers.

There are formal Memoranda of Understanding between both New Zealand Customs and the New Zealand Police, and between the New Zealand Police and the Department of Labour to facilitate information sharing, joint operations and training opportunities.

The private sector may be the first to become aware of activity that is indicative of trafficking.   Concerns and suspicions can be then be referred to the Department of Labour or the Police for further investigation.  

Prosecution measures

Prosecution of people traffickers is intended to deter people traffickers from targeting New Zealand as a destination or transit country.  New Zealand has yet to prosecute anyone for people trafficking; however, it is necessary for New Zealand to be prepared to deal with any emerging cases. 

A plan of action could contain commitment from both government agencies and NGOs to focus on improving measures to:

• detect, monitor, and investigate the perpetrators of people trafficking
• put measures in place to protect and encourage victims of trafficking to take part in proceedings
• prosecute the perpetrators of people trafficking to maximise the deterrence of further people trafficking, particularly when sentencing is undertaken
• prevent the obstruction of justice by the use of force, threats or intimidation against the victims of people trafficking or those investigating, prosecuting or adjudicating people trafficking offences, and
• provide specialised training for the New Zealand Police, prosecutors and Judges.

Victims’ involvement

To ensure that identified people traffickers are able to be prosecuted to the full extent of the law, it is necessary for victims to be encouraged and enabled to participate in the criminal proceedings, so long as the victims’ rights and wellbeing are not impaired by participating in this process.  It is important that while victims are assisting with the, often lengthy, prosecution process they are afforded the ability to support themselves and enjoy a quality of life expected by New Zealanders. Victims of people trafficking are likely to need assistance with:

• witness protection
• information on relevant court and administrative proceedings, and assistance (including legal counselling and ‘mother tongue’ services) to enable victims’ views and concerns to be presented and considered in proceedings
• social support throughout the prosecution process
• access to legal processes that can enable them to seek compensation and restitution for victims of people trafficking (victims who are forced to undertake labour may be eligible for compensation, see paragraph 48).

Comments and questions about People Traffickers

Cooperation between government agencies and NGOs would be necessary to discourage the demand that fosters the exploitation of people which can lead to trafficking in persons.  Effective prevention of trafficking also involves the identification of trafficking activity at the border and in the community. 

New Zealand Government agencies are involved in ongoing work to effectively prevent people trafficking and have developed legislative provisions to prosecute.  A plan of action would take guidance from the measures outlined in the Trafficking Protocol to build on the existing initiatives.

Government agencies intend to engage with interested NGOs throughout the development of a plan of action to gain commitment for future work to prevent, detect, and raise awareness of trafficking, and provide protection and support for any identified victims.

Criminal proceedings can be time intensive.  Victims of people trafficking should be able to participate in the process effectively.  Victims may also wish to be able to undertake suitable employment to support themselves in the community during this time and, where suitable and sufficient employment cannot be found, will need access to appropriate social services. 

The Working Group recognises that by allowing victims to stay and work in New Zealand during the prosecution of traffickers, victims may settle in New Zealand and wish to stay.  Opportunity exists for those who wish to apply to extend their temporary visa, or to apply for permanent residence.

The Working Group is interested to hear from submitters about future methods of prevention and detection of people trafficking and provisions for the prosecution of traffickers.

QUESTIONS

What other prevention measures could be included in a plan of action?

What other prosecution measures could be included in a plan of action?

How should the private sector be involved in a plan of action?

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