Support for developing plan of action but some question its focus

Submitters are generally supportive of the development of a plan of action to prevent people trafficking and see value in taking a proactive approach. Some question the exclusive focus on people trafficking, however, which they view as the extreme end of a spectrum of exploitation of vulnerable migrant workers. These submitters advocate a comprehensive policy to address the full range of possible abuses. Another submitter would like to see people trafficking considered alongside related issues of organised crime, the prostitution of children, child pornography and sex offending.

Definitions of people trafficking require further consideration

A number of submitters comment on the definition of people trafficking used in the discussion document. Some submitters argue that New Zealand should use the United Nations definition of people trafficking, which encompasses internal trafficking as well as the trafficking of people across borders. Others note that it is difficult to draw a clear distinction between people trafficking and people smuggling because what might start as a voluntary activity of being smuggled to another country may result in exploitation after arrival. A number of submitters point out that people trafficking is wider than the sex industry, and that not all sex workers are victimised. They comment that the plan of action should focus on preventing exploitation, across all industries. Some submitters suggest defining key terms such as 'coercion', 'forced labour' and 'exploitation'.

More information required on people trafficking in New Zealand

Many submitters take issue with the discussion document's statements regarding the lack of any evidence of people trafficking in New Zealand. They note that the lack of evidence does not mean it is not occurring, or could not do so in the future. Submitters comment that victim reluctance to come forward, general lack of knowledge about people trafficking and the absence of a proactive strategy may be reasons why it has not been detected to date. One submitter, on the other hand, comments that New Zealand is unlikely to be an attractive destination for people traffickers due to good border control and a lack of corruption. Submitters identify a need for more research and information.

A human rights approach

A number of submitters comment that a plan of action of people trafficking should be based on a human rights approach, with the protection and support of human rights central to all aspects of the plan. Submitters note New Zealand's international obligations in this area. Some submitters comment that women and children are particularly vulnerable to people trafficking and that special attention should be given to gender and to the best interests of children in developing the plan.

National, regional and global partnerships

Submitters emphasise the importance of taking an inter-agency approach to people trafficking and advocate the development of partnerships between government agencies, non-governmental organisations (NGOs), health professionals and social service providers, employers, unions and business groups, migrant groups and the community. Some submitters also comment that an international focus should be taken when developing the plan of action, with links made to regional and global efforts to prevent people trafficking.

Initiatives should be based on good information

A number of submitters comment that prevention initiatives should be based on good information on the nature of people trafficking, and indicate support for initiatives to improve understanding of the issue.

Awareness raising campaigns are important

Many submitters advocate public awareness campaigns to educate the wider community about people trafficking. They see these as playing an important role in detecting people trafficking, by providing information on indicators of such activity, and in reducing the demand for people trafficking, by creating a greater awareness that certain goods and services may have been produced by trafficked labour. A number of submitters suggest targeted awareness campaigns at specific groups who are likely to be in a position to detect people trafficking, such as migrant communities, service providers and law enforcement agencies, and in industries in which people trafficking has been predominant internationally. Suggestions include hospitality, sex work, domestic work, retail, construction, factory work, horticulture and agriculture.

Training is needed for some groups

Submitters advocate training for groups and agencies that are likely to have some involvement with victims of people trafficking. This includes agencies that have a preventive role in identifying possible people trafficking and agencies that have a protective role in supporting and assisting victims. Suggestions include healthcare providers, social service organisations, community groups, unions, employers, teachers, police, customs and immigration staff, and legal officials, including judges.

Outreach services can help identify victims

Some submitters comment on ways of directly targeting messages to victims of people trafficking and encouraging them to come forward. They suggest establishing telephone hotlines and safe shelters and communicating the availability of these services through information provided at the point of entry, notices in brothels and advertisements in local newspapers, foreign language papers and free literature. A number of submitters suggest developing outreach services in the sex industry in particular, and point to the Human Rights Commission's Pink Sticker campaign as an example. This campaign was run in 2000 to publicise a safe-house programme the Human Rights Commission had set up the previous year to assist Thai sex workers escape enforced prostitution in New Zealand. Information about the safe-house and a telephone hotline number was printed in Thai and English on pink stickers and placed in hospitals, red-light district and police stations.

Reduce demand for people trafficking

Some submitters advocate awareness campaigns targeted at the patrons of prostitution in order to reduce demand and seek their assistance in detecting possible cases of people trafficking. The New Zealand Prostitutes Collective, however, expresses concern that such initiatives could reduce demand for legitimate sex work. World Vision New Zealand advocates a broader approach to reducing demand for goods and services produced by trafficked or exploited labour by promoting corporate social responsibility and ethical buying. Submitters also note the role of sanctions in reducing demand for services related to people trafficking.

Enforce labour standards

A number of submitters consider that better enforcement of labour standards in New Zealand would help to prevent exploitation of migrants and reduce incentives for people trafficking. Submitters consider that activities should be targeted to the industries and workplaces that are most likely to be vulnerable to exploitation. Some submitters comment that increased resources are required in this area.

Improve the situation for people who are vulnerable to trafficking

A number of submitters express support for the inclusion of social and economic initiatives in the plan of action in order to address the factors that make people vulnerable to people trafficking. Suggestions include working with NGOs to educate local communities about trafficking, increasing overseas developing assistance, especially in Asia and the Pacific, and funding programmes to improve employment opportunities, healthcare, food security, sanitation and access to education.

Good visa and border control required - but movement should not be restricted

Some submitters comment that New Zealand needs to have tight visa and border controls in place, particularly for nationals from countries identified as being at high risk of people trafficking. However, other submitters note that tight controls can exacerbate people trafficking and express concern about potential restrictions on freedom of movement.

Consider a national human trafficking unit

Some submitters suggest a central agency or unit to act as the first point of contact in responding to possible cases of people trafficking and coordinate assistance.

Consider effect of Prostitution Reform Act 1993

A number of submitters comment on the Prostitution Reform Act 2003. Some consider that legalisation of prostitution has increased the likelihood of people trafficking; others note that no link has been found between the sex industry and people trafficking and express support for the protections it provides for sex workers. Some submitters are concerned that the legislative restriction on non-resident involvement in the sex industry may increase the risk of exploitation.

Strengthen the legislative framework

A number of submitters comment that relevant legislation should be reviewed and/or strengthened to ensure that it provides an effective framework for prosecuting those committing people trafficking offences. Suggestions include aligning the definition of people trafficking with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (the Trafficking Protocol), making it an offence to profit from people trafficking and exploitation, regulating the import of goods and services that are at risk of being produced by trafficked persons, and extending the jurisdiction of anti-trafficking legislation to cover New Zealanders abroad.

Ensure sanctions and penalties are adequate

Some submitters comment on the sanctions and penalties for people trafficking, noting that they must be serious enough to reflect the nature of the crime and to act as an effective deterrent. A number of submitters suggest making people trafficking uneconomic through large fines and/or reparation to victims.

Greater focus on investigation and enforcement

Some submitters consider that increased attention should be given to investigating possible cases of people trafficking and ensuring that the legislation is enforced. Some submitters comment that New Zealand should work closely with other countries to identify and prosecute people traffickers.

Protect the rights of victims during prosecution

A number of submitters emphasise the need to protect the rights of victims of people trafficking when instigating criminal justice proceedings. Some submitters comment that securing the cooperation of victims is essential to successfully prosecuting people traffickers and that victims are more likely to cooperate if their needs are placed first. Suggestions include providing victims with a reflection period to enable them to recover and decide whether they wish to participate in the criminal justice process, putting in place mechanisms to protect the privacy of victims, providing free legal aid, and ensuring that victims are not detained, prosecuted or immediately deported from New Zealand.

Need for identification and referral mechanism

Some submitters identify a need to develop a protocol or procedure for identifying and responding to possible victims of trafficking. They see early identification as essential to protecting victims of people trafficking and preventing further abuse. One submitter proposes a coherent, nationwide mechanism, which would involve trained staff providing an assessment of victims' urgent needs and their ability to participate in questioning, as well as referral to professional support services. Others suggest the development of minimum guidelines for interviewing victims, with a particular focus on the rights of victims.

Access to specialist support and assistance required

Many submitters consider that victims of people trafficking should be provided with protection and access to support services and assistance as soon as they are identified. Some comment that the victim's immigration status or willingness to give evidence against their traffickers should not affect their entitlement to protection and support. Submitters suggest that the services available to victims should include health care, counselling, material assistance, legal advice, victim support, education and training, shelters and accommodation, and interpreting and translation services. Some submitters highlight the need for training of service providers.

Victims should have access to asylum procedures

Some submitters comment that victims of people trafficking may have a well-founded fear of persecution if they are returned to their home country and therefore require access to asylum procedures in New Zealand.

Immigration decisions on a case-by-case basis

Many submitters address the question of whether victims of people trafficking should be repatriated or supported to stay in New Zealand. A number of submitters argue that repatriation should not be assumed to be the best option for victims and that immigration decisions should be made on a case-by-case basis. Some submitters highlight the risks associated with returning a trafficked person to their home country including risks of re-trafficking, reprisals and ostracism by their community and family members. A number of submitters express the view that victims should not be repatriated unless they can return safely. Other submitters consider immigration decisions should be guided by the wishes of the victim.

Submitters suggest a range of additional factors to be taken into account, including the level of protection and support available in the home country, the nature of the trafficking experience, the age of the victim and whether they have any dependents, their ability to settle in New Zealand and their ability to pass a security and criminal check. Some submitters comment that consideration should also be given to other options such as temporary residence in New Zealand or relocation to a third country.

Need for ongoing support and assistance

Some submitters comment on the support and assistance required to assist the rehabilitation of victims back to a normal life. Their comments emphasise the need for ongoing support and assistance, regardless of whether victims are repatriated or supported to resettle in New Zealand.

Private sector and NGOs are integral to the plan of action

As indicated above, submitters emphasise the need for partnerships across a range of sectors. Some submitters comment on the role of employers and the business sector in the plan of action and identify a number of roles, including complying with minimum labour standards, detecting possible cases of people trafficking, ensuring that imported goods are not produced by trafficked labour, sponsoring prevention initiatives, and developing industry codes of conduct.

Many submitters see NGOS as having an integral role in a plan of action to combat people trafficking. Submitters advocate NGO involvement in the full spectrum of activity, including development and oversight of the plan of action, research and information gathering, education and awareness raising, identification and referral of victims, provision of social services and support, and assistance with return and repatriation. Some submitters emphasise making use of existing knowledge, experience and networks.

Some submitters note that academics and researchers have a role in building the knowledge base about people trafficking, and that the media are important in raising awareness among the general public.

Need for monitoring and evaluation

A number of submitters comment on the need to monitor and evaluate the effectiveness of anti-trafficking measures. Submitters suggest a range of additional measures for monitoring the effectiveness of the plan of action, which are listed in section 6.

Coordination, information sharing and funding required

Some submitters identify a need for coordination of New Zealand's anti-trafficking initiatives and mechanisms to facilitate the sharing of information between agencies. Some submitters propose that there be multi-agency oversight of the plan of action. A number of submitters comment that funding is required to ensure that anti-trafficking measures can be successfully implemented.