TRAFFICKING IN PERSONS - NEW ZEALAND 3/2006

UNCLAS SECTION 01 OF 06 WELLINGTON 000160 SIPDIS SENSITIVE DEPT PASS USAID EAP/ANP FOR DRICCI DEPARTMENT FOR G/TIP ROWEN, G, INL, DRL, PRM, IWI, EAP/RSP E.O. 12958: N/A TAGS: KCRM PHUM SMIG KFRD ASEC PREF ELAB NZ SUBJECT: TRAFFICKING IN PERSONS - NEW ZEALAND 3/2006 REF: STATE 3836 Sensitive but Unclassified ¶1. (SBU) Following are responses for the Trafficking in Person report for New Zealand, keyed to reftel: Begin responses: ¶21. Overview of a country's activities to eliminate trafficking in persons: ¶A. New Zealand has been a country of destination for internationally trafficked women in the commercial sex industry. No new confirmed cases of internationally trafficked persons have been brought to the attention of the authorities since 2001, although there was evidence that some women from Asia and other parts of the world including Eastern Europe were working illegally in the country as prostitutes. Although prostitution has been decriminalized, it remains illegal for nonresidents to work in the commercial sex industry. Most knowledgeable sources estimate that the extent of the problem is minimal on the scale of perhaps a few dozen individuals per year. Shakti Migrant Services Trust, an antitrafficking NGO, reported abuses resulting from the immigration of Indian women for arranged marriages, and provided services to abused women through four refuges located in Auckland, Christchurch and Tauranga. While not providing specific numbers of those supported, Shakti reported that one of its 5-bed facilities was at full census for part of 2005. In December the UN's special rapporteur on human trafficking, while on a private visit to the country, asserted in the press that although in many cases such groups as mail-order brides, migrant workers, foreign fishermen, and those in arranged marriages enter the country voluntarily, they could be at risk of losing their autonomy and becoming victims of trafficking. ¶B. In the past, source countries of trafficked individuals have included Thailand, China, and other Asian countries. The primary destination in New Zealand is usually Auckland, New Zealand's largest city. Commercial sexual exploitation of children was a problem, and this has been the subject of increased focus by regional and national governmental and non-governmental organizations over the past year. Under the Prostitution Reform Act, it is illegal to use a person under 18 years of age in prostitution. A study by the Prostitution Law Review Committee completed in April 2004 estimated that approximately 200 people under the age of 18 were working as prostitutes, with the majority (60 percent) working on the street. A January 2006 police sweep for underage persons working in the "red light" district of Christchurch yielded four persons under age 18, including one age 12 and one age 14. There has been no confirmation that the persons were engaging in prostitution, and the persons ages 12 and 14 had been reported missing from foster homes prior to the sweep. Christchurch is considered to have the greatest problem with underage sex workers. Following the January 2001 decision ending visa free entry for Thai nationals, there have been indications that the level of Thai commercial sex workers has waned. There has been an increase in Chinese sex workers coming from Cantonese-speaking parts of Asia. There are also small numbers of sex workers from other parts of the world, including Eastern Europe. More recently, there was evidence that some women from the Czech Republic and Brazil were working illegally in the country as prostitutes. (Note: The Czech Republic and Brazil are among newer countries participating in New Zealand's visa waiver program. End note.) Commercial sex work is not legal for non-residents; however, these activities would generally be prosecuted as immigration violations if uncovered. The New Zealand Prostitutes Collective (NZPC) indicated that there has been an increase in non-New Zealand resident sex workers in areas where there language schools and universities. Limited evidence of internationally trafficked persons into New Zealand suggests that most understand that they are going to work in the commercial sex industry. In the past, trafficked individuals also worked in the construction and garment industries. From time to time, "bonds" are required for commercial sex workers to pay for entry into New Zealand and pimps/facilitators have been known to withhold passports pending payment of the "bonds." ¶C. Resources appear adequate given the size of the problem. GNZ funds programs through its ministries as well as providing funding to NGOs that deal with trafficking issues. ¶D. There is no plan to document the extent of trafficking; instead the focus is on ensuring that programs exist to deal with traffickers and victims as they come to light. The Government's strategy has been outlined in New Zealand's recent National Plan of Action, which will address the prevention of trafficking in persons, protection of victims, prosecution of traffickers, and the reintegration of victims (See 22J). ¶22. PREVENTION: ¶A. Yes, New Zealand is at the forefront of international efforts to combat trafficking in persons. New Zealand acknowledges that trafficking is a problem, although they have disagreed with the USG definition of children engaged in the commercial sex industry, often defining this as child abuse or neglect. The Prostitution Reform Act was passed in an effort to protect commercial sex workers and in particular to block the commercial sexual exploitation of children. New Zealand's trafficking legislation defines minors as those under 18 years of age. The Act prohibits child sex tourism, and citizens who commit child sex offenses overseas can be tried in New Zealand courts. ¶B. The Department of Labour; the Human Rights Commission; the Ministry of Foreign Affairs and Trade; the Ministry of Justice; the Ministry of Health; the Department of Child, Youth and Family; and the New Zealand Police. ¶C. A highly successful Thai language anti-trafficking campaign was launched in 1999 to target Thai women in the commercial sex industry. The government extends substantial resources to combat trafficking in persons. NGOs including the New Zealand Prostitute's Collective (NZPC),the Maxim Institute, the Women's Refuge, Shakti Migrant Services Trust and the Salvation Army offer programs to commercial sex workers on the street, offering "life options." While the major NZ organization dealing with trafficking (End Child Prostitution and Trafficking, or ECPAT) primarily targets demand, all NGOs focus on offering assistance to victims. The NZPC has helped underage prostitutes to find alternate employment or assisted them in returning to school. ¶D. Yes. New Zealand supports international efforts to combat trafficking. A number of these campaigns are now provided in a range of languages to make new immigrants and refugees aware of their rights while living in New Zealand, including employment rights and human rights. ¶F. There are excellent cooperative relations between the government, NGOs and elements of civil society on the trafficking issue. The GNZ funds many NGOs and civil society institutions combating this problem. For example, the government worked with nongovernmental organizations (NGOs) to address trafficking in children and provided funding for NGO outreach programs in Auckland and Christchurch that provided accommodations and other support for young persons at risk for involvement in prostitution. The government had a national plan of action against the commercial exploitation of children developed in concert with NGOs and completed a progress review of the plan during the year; its report on the review was scheduled for release in ¶2006. To respond to abuse occurring within arranged marriages, Shakti Migrant Services Trust worked with Immigration New Zealand to add an additional condition for a person to be eligible to sponsor a spouse's or partner's immigration to New Zealand: that the sponsor is not a perpetrator of domestic violence which resulted in granting a residence permit to a victim of the sponsor's violent actions. The condition added to limitations on the number of partner sponsorships (no more than one) and time since last sponsorship (not less than five years). ¶G. Yes. ¶H. Yes, while in the past the National Human Rights Commission coordinated responses to these problems, the Department of Labour has been named the primary coordinating agency for anti-trafficking efforts. The Government actively participates in multilateral and efforts to prevent, monitor, and control trafficking. ¶J. Yes. The Government of New Zealand initiated the process to develop a National Plan of Action against Trafficking in Persons in February 2005, naming the Department of Labour (which includes the Immigration Service) as the lead agency in coordinating anti-trafficking strategies. The GNZ plans to hold a whole-of-government meeting on the plan in late March 2005, and expects to hold a public session later in the year. While the Department of Labour is the lead coordinating agency, the Department of Internal Affairs; Ministry of Foreign Affairs and Trade; the Department of Child, Youth and Family Services; the Office of the Commissioner for Children; the New Zealand Law Society; the Ministry of Pacific Island Affairs; End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes (ECPAT); Ministry of Youth Affairs; Ministry of Justice; Ministry of Health; Ministry of Social Development; Human Rights Commission; New Zealand Customs Service; and the Ministry of Education are all involved in the development and implementation of NZ's anti-trafficking plan. The plan is moving to final stages, and consultations are ongoing. The plan will include input from NGOs. The agencies and ministries mentioned in 22B support a wide range of programs that, while not always specifically addressing trafficking, are working to explain worker rights and keep minors from entering the commercial sex industry. ¶23. INVESTIGATION AND PROSECUTION OF TRAFFICKERS: ¶A. In February 2002, New Zealand passed tough legislation criminalizing human smuggling and trafficking. The Transnational Organized Crime Bill was adopted on June 17, 2002 as an amendment to the Crimes, Extradition, Immigration, Passports and Mutual Assistance in Criminal Matters Amendment Acts. ¶B. New Zealand's anti-trafficking legislation imposes penalties of up to 20 years in prison and USD 325,000 (NZD 500,000) in fines. ¶C. Sexual violation is punishable by a term of imprisonment not to exceed 20 years. ¶D. The 2003 Prostitution Reform Bill legalized prostitution, and solicitation was no longer a crime. The legislation set a minimum age of 18 to work in the industry, gives prostitutes the same workplace protections as other industries, and provides for a licensing regime for brothels. In addition, the law removes a client's ability to defend himself from prosecution based on his belief that an underage sex worker was 18 years or older, and extends prosecution to any person receiving financial gain from an act involving an underage sex worker. The law prohibits sex tourism, and citizens who commit child sex offenses overseas can be prosecuted in New Zealand courts. There were no reports of abuse or the involuntary detention of women involved in prostitution during the year; however, there were several credible reports that women smuggled into the country were forced into prostitution to repay substantial debts to traffickers. There were also reports that some foreign commercial sex workers had their passports withheld by employers until bonds were repaid. There were also allegations that children engaged in prostitution did so to repay debts to local gangs. A Prostitution Law Review Committee was created in conjunction with the Act and is tasked with reviewing the operation of the Act and reporting on its findings within 5 years. The Committee released a report in April 2005 that reported on the number of sex workers in New Zealand. The report provided baseline data against which to assess the longer term impact of the legislation. Police have noted that it is difficult to prosecute under-age commercial sex workers as the police are prevented from requiring identification. As many child prostitutes do not see themselves as victims, and do not cooperate with the police, the police are finding it difficult to indict violators. In August 2005, the Manukau City Council (Control of Street Prostitution) Bill passed its first stage in Parliament, and was referred to the Local Government and Environment Select Committee. The bill provides for local control over street prostitution in Manukau City by prohibiting solicitation for prostitution in public places by prostitutes, clients and persons acting on their behalf. The Select Committee is due to report on the bill in June 2006. ¶E. Yes. During the year three brothel operators and one client were prosecuted for the use of persons under age 18 in prostitution. The client and two of the brothel operators were convicted, and one operator was awaiting trial at year's end. ¶F. There is no clear evidence on this subject; however, police speculate that small-scale Asian organized crime groups participate in this illegal trade. The police have a dedicated unit for international organized crime, which may overlap with anti-trafficking efforts. There are no reports of government officials having been involved in this trade. ¶G. Yes. ¶H. The government has provided training to other government officials -- particularly non-governmental organizations in Thailand -- on methods to protect child witnesses in criminal proceedings. ¶I. Yes. The government participates in all international fora on anti-trafficking, and has in the past worked closely with the Government of Thailand to assist victims of trafficking. ¶J. Yes. The government allows extra-territoriality to apply in child sexual exploitation cases committed by New Zealanders overseas. ¶K. No. ¶L. N/A ¶M. While there is not a large-scale problem; NZ has cooperated in the prosecution of NZ citizens that have engaged in child sex tourism overseas. ¶N. ILO Convention 182 was ratified on June 14, 2001. ILO convention 105 was ratified on June 14, 1968. The Optional Protocol to the convention on the rights of the child on the sale of children, child prostitution and child pornography was signed on September 7, 2000. The protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the UN convention against transnational organized crime was ratified on July 19, 2002. ¶24. PROTECTION AND ASSISTANCE TO VICTIMS: ¶A. The government has provided short-term sanctuary, witness protection, access to medical services and repatriation. Sexual abuse victims are eligible for support from the Accident Compensation Corporation. This includes medical assistance at state expense. ¶B. Yes. The government supports a wide range of NGOs including the New Zealand Prostitutes Collective that provide services to commercial sex workers some of whom may have been trafficked. ¶C. Yes. Post has no knowledge of trafficked victims who have been jailed, fined or deported. Illegal immigrants have been jailed, fined and deported. ¶D. Yes. In smuggling cases, the government encourages victims to support investigations and prosecutions of smugglers. ¶E. Yes. Victims are encouraged to participate in the investigation and prosecution of trafficking have access to the legal system to seek redress. The Human Rights Commission successfully represented a Thai sex trafficking victim to the New Zealand Disputes Tribunal, and she recovered the NZD 6000 she paid traffickers for what she believed would be restaurant work. ¶F. The government provides extensive protection and recovery support to victims and witnesses (See 24 A and B). Much of victim recovery support and refuge is managed through NGOs, to which the government provides funding. For child victims, if placement back in the home or foster care is not appropriate, they are placed in a care and protection unit operated by the Department of Child, Youth and Family Services. The government provides special training in dealing with all aspects of children and the law. GNZ has successfully prosecuted at least one case of witness intimidation. ¶G. In 1999, the Human Rights Commission set up a "safe house" program to assist Thai sex workers in escaping prostitution in New Zealand. The Commission worked collaboratively with the Department of Immigration, New Zealand Police, New Zealand Prostitutes' Collective, Shakti Migrant Service Trust, and the Thai Embassy to assist a number of victims escape from the Auckland sex trade and return them to Thailand. Representatives from the Department of Labour and the Human Rights Commission have participated in and conducted numerous training workshops for recognizing victims and perpetrators of trafficking. The Government of New Zealand is an active participant in international fora concerning human trafficking, including the Bali Process and the Asia Pacific Forum of National Human Rights Institutions. The Department of Labour's Immigration Service has conducted border control training workshops and document examination training for the immigration and border control staff of Pacific countries. The Immigration Service has also provided passenger screening training to staff of airlines serving New Zealand and the Pacific. ¶H. New Zealand citizens and residents are entitled to a wide range of social, mental and physical services, regardless of circumstance. ¶I. ECPAT New Zealand, Ending Child Prostitution and Trafficking, is the lead NGO in this field and works closely with the government. End responses. ¶2. (U) Embassy POC for trafficking in persons issues is Political Officer Tod Duran, Telephone (644) 462-6043 Fax (644) 472-3537. ¶3. (U) Post estimates that the Political Officer spent 60 hours in preparation of the TIP report cable. McCormick