VICTIMS OF PEOPLE TRAFFICKING

People trafficking is a unique migration/criminal offence that requires a specialised response from government agencies and NGOs.  Although trafficked migrants may be in breach of immigration or other laws, the circumstances of their illegality are driven by outside agents for the purposes of exploitation.

Traffickers exploit people’s desire to make a better life for themselves.    They can mislead people with false promises of legitimate jobs in other countries.  Many of those who accept these offers find themselves in situations where they are forced to undertake labour and/or submit to ongoing sexual exploitation.  

Poverty, underdevelopment and lack of equal opportunity can increase exposure to people trafficking.  Women from developing countries and children from all over the world are especially vulnerable to becoming victims of trafficking. 

Victims of trafficking become trapped within their circumstances and may be unable to seek help.  For example, they may be afraid to approach law enforcement authorities due to their unlawful status; they may have amassed large debts to the traffickers for their travel to New Zealand; or they (or their families) may have been threatened with violence if they attempt to leave. 

The Protection section (from paragraph 70) discusses the current policies and programmes to protect victims of people trafficking and explores the indicative procedures for assisting victims to achieve positive outcomes.  These measures follow international guidelines; however, they have yet to be tested with an identified case of people trafficking in New Zealand.

Identified victims of people trafficking face an uncertain future. While in the vast majority of cases it is preferable for victims to return to their country of origin, immigration officials would evaluate the circumstances of each victim on a case by case basis. 

The Settlement section (from paragraph 81) considers the current provisions for assisting victims of trafficking to re-establish their lives. 

The Working Group seeks your comments about possible future policies and criteria for victims of trafficking seeking to stay in New Zealand.

Protection

Once victims of trafficking are identified, government agencies and NGOs can work together to offer them protection from the traffickers and their associates.  A plan of action would develop further initiatives to identify and support the victim as well as create an assistance pathway.

The Working Group notes that there are several support groups who would be well placed to support and protect identified victims.  The unofficial links between Government agencies and NGOs could be formalised with policies for dealing with their specific needs. 

The Victims’ Rights Act 2002 gives effect to a number of victims’ rights by making them enforceable. Such rights include the right to be informed of services (such as physical and mental health services, legal services, social welfare and counselling) and access to remedies.  The New Zealand Council of Victim Support Groups provides 24 hour emotional support, personal advocacy and information to all people affected by crime and trauma throughout New Zealand.

The Children, Young Persons, and their Families Act 1989 provides protection for children less than 18 years old in New Zealand.  The Ministry of Social Development administers Child Youth and Family Services (CYF) which provides protection services to people under the age of 18 years who require state assistance.  This would include providing care and accommodation for children who are trafficked.

Under the Immigration Act 1987, the Department can issue temporary permits to people who are witnesses in criminal proceedings.  Victims of people trafficking could be granted this immigration status to allow them to assist the prosecution of alleged people traffickers.

The agencies involved in identifying and assisting victims of trafficking are outlined below.

The Working Group considers that to identify and provide the required specialised care for victims of people trafficking, a plan of action could contain elements to further develop policies and processes for dealing with victims of trafficking appropriately.  Suggested work items are in italics.

Victim identification

International experience shows that victims are unlikely to present themselves to officials in order to seek help.  There are many reasons for this: victims may be scared that they could be punished for their illegal status in the country, they may be dependent on traffickers for a drug addiction, traffickers may have threatened harm to the victim or their family, or there may be language barriers.

• Develop further proactive procedures for victim identification, including intelligence-gathering methods for New Zealand Police and Immigration Officers, and Labour and Health Inspectors.

Privacy

Victims of trafficking may be re-victimised by traffickers if their privacy is not well protected.  Protection of victim’s privacy could encourage them to cooperate with authorities to prosecute traffickers.

• Protect the privacy and identity of victims of people trafficking.

Physical Safety

Victims of trafficking should be offered safe shelter where traffickers and their associates cannot locate them.  This can reduce the risk of re-victimisation and retaliation from traffickers.  It may also encourage the victim to have the confidence to assist Police with the investigation of their case.

• Provide for the physical safety of victims of people trafficking, including safe shelters, to prevent harm, retaliation or intimidation.

Multi-agency services

Victims may benefit from help provided by advocates as they are likely to be unfamiliar with how to access the variety of social services available in New Zealand. 

• Develop and provide services on a multi-disciplinary and/or multi-agency basis for the physical, psychological and social recovery of victims of people trafficking in cooperation where necessary with other organisations. Services to include:
• appropriate housing
• counselling and information (including access to ‘mother tongue’ legal and social assistance)
• medical, psychological and material assistance
• English language acquisition and assistance connecting with their community residing in New Zealand, and
• employment, educational and training opportunities (where considered appropriate).
• Service providers should take into account the age, gender and special needs of victims of trafficking.

Settlement

The human rights of a victim of trafficking would be the key priority in terms of providing assistance to trafficking victims.

Return to country of origin

A positive outcome for victims is repatriation with a sustainable future.  This is because victims are unlikely to have a support network of family and friends in New Zealand and they may not have the language or employment skills to support themselves in the New Zealand labour market.  

The Working Group considers that a single framework is required for safe and dignified return and reintegration of victims of people trafficking to their home communities.  The process established should ensure there is appropriate and safe adult support for children and young people returned.  This support should continue after reintegration so that parents and children are then supported to live together again after the trauma they may have suffered.

The Working Group considers the reintegration and return elements for a plan of action are:

• facilitated voluntary return without undue or unreasonable delay
• identity and travel documentation and visa arrangements
• security arrangements and escorts (if required)
• transport, transit and reception arrangements
• post-return support arrangements in their country of origin.

Settlement in New Zealand (temporary or permanent)

The Trafficking Protocol requires signatory governments to permit victims of people trafficking to remain within jurisdiction, temporarily or permanently, in appropriate cases taking into consideration humanitarian and compassionate factors.

The Government could establish policies and processes for identifying and supporting the victims who have to stay in New Zealand.  Such processes would ensure the safety and protection of the victim, and maintain a confidential and human rights based approach to care and services.   If the traffickers are apprehended, this would encompass cohesive interagency procedures to ensure victim support throughout their participation in the prosecution process.

The following diagram shows the role of agencies which may be involved in assisting the return or settlement of victims of trafficking.

Comments and questions about Victims of Trafficking

The safety of victims should remain the paramount consideration. Inherent in the principles of protection are the observance of strict confidentiality protocols to ensure that the victim’s identity, whereabouts and circumstances are not divulged to any source outside the protective sphere. This is to ensure that people traffickers and others cannot intimidate, threaten or otherwise further victimise the individual.

Privacy is also important because victims can be at risk of stigmatisation in their home community if the details about their subjugation become widely known, particularly if they have been forced into prostitution.

In addition, providing a “victim-friendly” environment that safeguards dignity fosters both a sense of wellbeing and a sense of trust between the victim and care-providers.   This process can also facilitate information exchange that might lead to the apprehension and prosecution of people traffickers and others complicit to the people trafficking case. 

QUESTIONS

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

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

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

What criteria should balance the decisions about whether victims of trafficking should be returned to their home country or supported to remain in New Zealand?

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