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Viewing cable 07WELLINGTON191, TRAFFICKING IN PERSONS - NEW ZEALAND 3/2007
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Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
07WELLINGTON191 | 2007-03-02 01:16 | 2011-04-28 00:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Wellington |
VZCZCXYZ0000
RR RUEHWEB
DE RUEHWL #0191/01 0610116
ZNR UUUUU ZZH
R 020116Z MAR 07
FM AMEMBASSY WELLINGTON
TO RUEHC/SECSTATE WASHDC 3952
INFO RUEHBK/AMEMBASSY BANGKOK 1613
RUEHBR/AMEMBASSY BRASILIA 0105
RUEHBY/AMEMBASSY CANBERRA 4757
RUEHKL/AMEMBASSY KUALA LUMPUR 0151
RUEHNE/AMEMBASSY NEW DELHI 0119
RUEHPG/AMEMBASSY PRAGUE 0026
RUEHUL/AMEMBASSY SEOUL 0231
RUEHHK/AMCONSUL HONG KONG 0107
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RHEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
UNCLAS WELLINGTON 000191
SIPDIS
SENSITIVE
SIPDIS
DEPARTMENT FOR G/TIP, G, INL, DRL, PRM, EAP/ANP, EAP/RSP
DEPARTMENT PASS USAID
E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB NZ
SUBJECT: TRAFFICKING IN PERSONS - NEW ZEALAND 3/2007
REF: 06 STATE 202745
¶1. (SBU) Following are responses for the Trafficking in
Persons report for New Zealand, keyed to reftel:
Begin responses:
¶27. Overview of a country's activities to eliminate
trafficking in persons:
-- A. Is the country a country of origin, transit, or
destination for internationally trafficked men, women, or
children? Provide, where possible, numbers or estimates for
each group; how they were trafficked, to where, and for what
purpose. Does the trafficking occur within the country's
borders? Does it occur in territory outside of the
government's control (e.g. in a civil war situation)? Are
any estimates or reliable numbers available as to the extent
or magnitude of the problem? What is (are) the source(s) of
available information on trafficking in persons or what plans
are in place (if any) to undertake documentation of
trafficking? How reliable are the numbers and these sources?
Are certain groups of persons more at risk of being
trafficked (e.g. women and children, boys versus girls,
certain ethnic groups, refugees, etc.)?
New Zealand has been a country of destination for
internationally trafficked women in the commercial sex
industry. While the government reports no new confirmed
cases of internationally trafficked persons have been brought
to the attention of the authorities since 2001, there was
evidence that some women from Asia and other parts of the
world including Brazil and 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. The government believes that Asian women and low
skilled illegal migrant workers are at greatest potential
risk of being trafficked to New Zealand.
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 2005 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. Please provide a general overview of the trafficking
situation in the country and any changes since the last TIP
Report (e.g. changes in direction). Also briefly explain the
political will to address trafficking in persons. Other items
to address may include: What kind of conditions are the
victims trafficked into? Which populations are targeted by
the traffickers? Who are the traffickers? What methods are
used to approach victims? (Are they offered lucrative jobs,
sold by their families, approached by friends of friends,
etc.?) What methods are used to move the victims (e.g., are
false documents being used?).
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. In its May 2006 report to the UN
Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW), GNZ reported that it has been working
with the Auckland City Council and relevant local NGOs to
develop solutions that assist and protect migrants working
illegally as prostitutes and prosecute those involved in
their trafficking and employment. Commercial sexual
exploitation of children was a problem, and this has been the
subject of increased focus and debate 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. During the year, intense debate
surrounding the Manukau City Council (Control of Street
Prostitution) Bill (see 29E), revived discussion about key
studies of underage sex workers in New Zealand. A 2001 study
of sex workers in Christchurch found that 31 percent had
entered prostitution before age 18. A 2004 GNZ-funded
follow-up study of 47 respondents aged 15 to 47 found that
the average age at which respondents received payment for
their first commercial sex act was 14.
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. However, recalling a
historical study of the Thai sex worker community in Auckland
before 2001, one researcher noted that while most
(70-percent) were aware that they were going to work in the
sex industry, 30-percent were not aware, which was ipso facto
trafficking. At the time of that study, Thais could travel
to New Zealand without a visa. Subsequent changes in visa
policy led to reduced numbers of Thai women in the sex
industry. However, observers have noted an increase in
Chinese prostitutes in New Zealand, and little is known about
their situation (see 29E). 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. What are the limitations on the government's ability
to address this problem in practice? For example, is funding
for police or other institutions inadequate? Is overall
corruption a problem? Does the government lack the resources
to aid victims?
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.
The Victims' Rights Act 2002 establishes the rights of
victims of crime. Such rights include the right to be
informed of services (such as physical and mental health
services, legal services, social welfare, and counseling) and
access to remedies.
-- D. To what extent does the government systematically
monitor its anti-trafficking efforts (on all fronts --
prosecution, prevention and victim protection) and
periodically make available, publicly or privately and
directly or through regional/international organizations, its
assessments of these anti-trafficking efforts?
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 is currently in the process of developing the
National Plan of Action to Combat Trafficking in Persons
(NPACT) that will involve all interested government agencies,
NGOs and civil society groups. One of the facets of the
NPACT is to review, refine and enhance New Zealand's present
strategies and framework, including monitoring and evaluation
strategies, with the possibility of making improvements as
considered necessary and desirable.
¶28. PREVENTION:
-- A. Does the government acknowledge that trafficking is a
problem in the country? If not, why not?
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 of 2003 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
less than 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. Which government agencies are involved in
anti-trafficking efforts and which agency, if any, has the
lead?
The Department of Labour - Immigration is the current lead
agency. Other agencies involved in the formulation of policy
and is implementation are New Zealand Customs Services;
Ministry of Social Development; 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. The independent Human Rights Commission
also participates.
-- C. Are there, or have there been, government-run
anti-trafficking information or education campaigns? If so,
briefly describe the campaign(s), including their objectives
and effectiveness. Do these campaigns target potential
trafficking victims and/or the demand for trafficking (e.g.
"clients" of prostitutes or beneficiaries of forced labor)?
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.
New Zealand's 2001 National Plan of Action Against the Sexual
Exploitation of Children (Protecting Our Innocence) is a
comprehensive framework that addresses the core child related
issues of child trafficking, prostitution, pornography and
sex tourism. The Ministry of Justice is the lead agency (in
consultation with the NGO ECPAT). In 2006, the Ministry and
ECPAT released a five year stock take of the programs aimed
at, among other things, combating child trafficking. The
Justice Minister noted that the record of action was largely
a positive one, but that "there in no room for complacency if
we are to achieve our goal of completely eliminating the
commercial exploitation of children."
The independent Human Rights Commission criticized the
government's level of action against child prostitution
stating that "existing measures are inadequately enforced,"
and called for better central and local government engagement
for addressing the problem of child prostitution. The
Commission further criticized the stock take saying that it
provides little information about the provision of services
for children, adding that "while there has been research on
the numbers of underage prostitutes, little else appears to
have been done."
-- D. Does the government support other programs to prevent
trafficking? (e.g., to promote women's participation in
economic decision-making or efforts to keep children in
school.) Please explain.
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.
The New Zealand government released its Action Plan for New
Zealand Women in 2004. The Plan, developed by the Ministry
of Women's Affairs in consultation with a broad range of
public sector agencies, NGOs, and civil society groups, is a
comprehensive whole of government approach to improving the
circumstances of women in New Zealand. Specific actions have
been developed to increase opportunities for Maori and New
Zealand Pacific Island women and women of other ethnicities,
as well as women with disabilities, and women from rural
areas. The Plan looks at strategies for improving women's
participation in the paid workforce, access to
decision-making, attendance in tertiary education, access to
financial assistance to establish businesses, measures to
prevent domestic violence, access to social and health
services and so on.
The Human Rights Commission has also previously received some
funding for its anti-trafficking campaigns, primarily during
the period from 1999 to 2001 when actions were focused on
Thai women working in Auckland's sex industry (see 30G).
The government also supports initiatives such as those
undertaken by ECPAT to educate travel agents about
legislation and awareness of issues around sex tourism and
the risks to children in tourist destinations.
The Department of Child, Youth and Family Services provide
"bed nights" funding to an organization called Baptist Action
in Auckland that runs a safe house for young girls at risk
of, or involved in prostitution. Youth and Cultural
Development in Christchurch has a Street Youth Work Project
that works with young people who are at risk of or are sex
workers and are under the age of 18 years. This project has
a case management component and works with a "Harm
Minimization" focus. This project encourages young people
identified as at risk to look at options for their future.
Staff work on the street three nights per week and run a
"drop in" service, home visits where appropriate and promote
sexual health checks.
-- E. What is the relationship between government officials,
NGOs, other relevant organizations and other elements of
civil society on the trafficking issue?
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 2001 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 released during the year
(see 28C).
-- F. Does the government monitor immigration and emigration
patterns for evidence of trafficking? Do law enforcement
agencies screen for potential trafficking victims along
borders?
Yes, the New Zealand government reports a commitment to
maintaining the security of its borders and complying with
international obligations, including its anti-trafficking
obligations. The Government regularly monitors immigration
and emigration patterns onshore and offshore passenger
screening for evidence of possible trafficking. The
government also has in place an Advance Passenger Processing
system that requires airlines to identify passengers who may
be seeking to enter New Zealand illegally before they embark
an aircraft.
-- G. Is there a mechanism for coordination and communication
between various agencies, internal, international, and
multilateral on trafficking-related matters, such as a
multi-agency working group or a task force? Does the
government have a trafficking in persons working group or
single point of contact? Does the government have a public
corruption task force?
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.
The New Zealand Customs Service has a formal Memorandum of
Understanding ("MoU") with the New Zealand Police that covers
information sharing, joint operations and joint training
opportunities. The terms of the MoU cover
trafficking-related issues. The Department of Labour -
Immigration has a similar arrangement with the Police. The
multi-agency working group related to the NPACT is presently
led by Department of Labour.
During August 2004, the U.S. Department of Homeland Security
provided New Zealand Customs with intelligence on a number of
New Zealand residents who had access international websites
offering child pornography. Base on this information, a
multi-agency operation executed 52 warrants that ultimately
resulted in 29 individuals charged for offenses relating to
importing objectionable material under the Customs and Excise
Act 1996.
There is no evidence that public corruption is a problem in
New Zealand. That said the government has a comprehensive
response to combating bribery and corruption. While no
single agency is charged with the task of dealing with
corruption, there are a number of agencies that fulfill
specific tasks. The core government Ministries and agencies
include: Police, Financial Intelligence Unit; Serious Fraud
Office; Office of the Ombudsmen; Inland Revenue; the Office
of the Controller and Auditor-General; Department of Internal
Affairs and State Services Commission. There are other
agencies as well, such as the Ministry of Justice which leads
policy initiatives against corruption and bribery. On
Transparency International's Corruption Perception Index, New
Zealand has ranked among the five best performing nations
since the inception of the index.
-- H. Does the government have a national plan of action to
address trafficking in persons? If so, which agencies were
involved in developing it? Were NGOs consulted in the
process? What steps has the government taken to disseminate
the action plan?
Yes. The Government of New Zealand initiated the process to
develop a National Plan of Action to Combat Against
Trafficking in Persons (NPACT) in February 2005, naming the
Department of Labour (which includes the Immigration Service)
as the lead agency in coordinating anti-trafficking
strategies. The GNZ continues in its efforts to develop the
plan, and expects to hold a public session in the future.
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 New
Zealand'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 above 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.
¶29. INVESTIGATION AND PROSECUTION OF TRAFFICKERS:
For questions A-D, posts should highlight in particular
whether or not the country has enacted any new legislation
since the last TIP report.
-- A. Does the country have a law specifically prohibiting
trafficking in persons -- both for sexual and non-sexual
purposes (e.g. forced labor)? If so, please specifically
cite the name of the law and its date of enactment. Does the
law(s) cover both internal and external (transnational) forms
of trafficking? If not, under what other laws can traffickers
be prosecuted? For example, are there laws against slavery
or the exploitation of prostitution by means of force, fraud
or coercion? Are these other laws being used in trafficking
cases? Are these laws, taken together, adequate to cover the
full scope of trafficking in persons? Please provide a full
inventory of trafficking laws, including non-criminal
statutes that allow for civil penalties against alleged
trafficking crimes, (e.g., civil forfeiture laws and laws
against illegal debt.
New Zealand adopts the definition of trafficking set out in
the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially Women and Children. The definition only
covers transnational forms of trafficking. With this notable
difference with U.S. law, the New Zealand legislation is
comprehensive and covers all aspects of trafficking,
including reception, concealment or harboring of persons.
Measures to punish incidents of what we would call domestic
"trafficking," such as abduction, assault, kidnapping and
rape, are covered in other New Zealand legislation.
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.
The key legislative provisions are found in Part 5 of the
Crimes Act 1961. The relevant provisions are sections 98
(dealing in slaves), 98A (participation in organized criminal
group), 98B (definitions), 98D (trafficking in persons), 98E
(aggravating factors), and 98F (Attorney-General's consent
required). Section 6 of the Crimes Amendment Act 2005
inserted section 98AA. Section 98A, 98C and 98D are also
offenses for which a person may be extradited from a country
with which New Zealand has an extradition treaty. Section 98
of the Crimes Act 1961 makes dealing in slavery an offense
and section 16 of the Prostitution Reform Action 2003
prohibits inducing or compelling persons to provide
commercial sexual services or earnings from prostitution.
Section 98AA, which came into force in 2006, was enacted to
comply with New Zealand's obligations under the Optional
Protocol to the Convention on the Sale of Children, Child
Prostitution and Child Pornography. It establishes an
offense for dealing in people less than 18 years for sexual
exploitation, removal of body parts, or engagement in forced
labor. The Immigration Act 1987 addresses employer
responsibility (section 39) and employer exploitation of
those who are note legally entitled to work in New Zealand
(section 39A). The provisions have not to date been used in
any trafficking case.
-- B. What are the penalties for trafficking people for
sexual exploitation?
New Zealand's anti-trafficking legislation imposes penalties
of up to 20 years in prison and USD 350,000 (NZD 500,000) in
fines.
-- C. Punishment of Labor Trafficking Offenses: What are the
prescribed and imposed penalties for trafficking for labor
exploitation, such as forced or bonded labor and involuntary
servitude? Do the government's laws provide for criminal
punishment -- i.e. jail time -- for labor recruiters in labor
source countries who engage in recruitment of laborers using
knowingly fraudulent or deceptive offers that result in
workers being exploited in the destination country.
For employers or labor agents in labor destination countries
who confiscate workers' passports or travel documents, switch
contracts without the worker's consent as a means to keep the
worker in a state of service, or withhold payment of salaries
as means of keeping the worker in a state of service? If
law(s) prescribe criminal punishments for these offenses,
what are the actual punishments imposed on persons convicted
of these offenses?
New Zealand's anti-trafficking legislation imposes penalties
of up to 20 years in prison and USD 350,000 (NZD 500,000) in
fines.
-- D. What are the prescribed penalties for rape or forcible
sexual assault? How do they compare to the prescribed and
imposed penalties for crimes of trafficking for commercial
sexual exploitation?
Sexual violation is punishable by a term of imprisonment not
to exceed 20 years.
-- E. Is prostitution legalized or decriminalized?
Specifically, are the activities of the prostitute
criminalized? Are the activities of the brothel
owner/operator, clients, pimps, and enforcers criminalized?
Are these laws enforced? If prostitution is legal and
regulated, what is the legal minimum age for this activity?
Note that in many countries with federalist systems,
prostitution laws may be covered by state, local, and
provincial authorities.
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 underage
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. Police contend further that their ability to
enter brothels has been curtailed by the Prostitution Reform
Act. Other government agencies and civil society groups
contest this position, arguing that the Police have the same
legal authority to enter a brothel as any other building.
During a review of New Zealand's trafficking and related law
conducted during a GNZ-funded fellowship hosted by the
Ministry of Justice, U.S. assistant attorney Susan Coppedge
found that since the PRA came into effect, the burden of
proof required for Police to enter brothels had risen.
However, the legal authority does not appear to be the
primary barrier to entry. As noted by Coppedge, the Police
focus in Auckland and other centers of prostitution is on
drug trafficking and violent crime.
Health workers and researchers have also found access to
brothels limited, particularly brothels employing Chinese sex
workers. They have expressed concerns of coercion based on
what one health worked characterized as "naive and
vulnerable" Chinese students. One study showed a 25 percent
increase in foreign sex workers since prostitution was
decriminalized. One of the study's authors reported that
two-thirds of the sex workers she had identified were Chinese
females. The Prostitutes Collective in Auckland has noted an
increase in Chinese sex workers coming from
Cantonese-speaking parts of Asia. The increase was most
noticeable in areas near language schools and universities.
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
reported on the bill in September 2006, and did not offer its
support. The bill was voted down in October 73 to 46.
Legislators noted flaws in the bill and widely divergent
estimates of the prostitution problem. However, the primary
reason that the bill was voted down was that it would have
contributed to divergent, localized policies while the
Parliament sought a single, national policy regarding the
control of prostitution. (NB: New Zealand has no local law
enforcement. New Zealand Police is a national law
enforcement entity.)
In August, a parliamentary select committee unanimously
opposed a bill which would have set up a register of serious
sexual offenders. New Zealand-based NGO, ECPAT, which works
to stop child prostitution, said that the public needs more
information about the way abusers are treated and monitored.
The NGO acknowledged that registries have problems, but said
that existing information to guide anyone working with
vulnerable children was inadequate.
-- F. Has the government prosecuted any cases against
traffickers? If so, provide numbers of investigations,
prosecutions, convictions, and sentences, including details
on plea bargains and fines, if relevant and available. Does
the government in a labor source country criminally prosecute
labor recruiters who recruit laborers using knowingly
fraudulent or deceptive offers or impose on recruited
laborers inappropriately high or illegal fees or commissions
that create a debt bondage condition for the laborer? Does
the government in a labor destination country criminally
prosecute employers or labor agents who confiscate workers'
passports/travel documents, switch contracts or terms of
employment without the worker's consent, use physical or
sexual abuse or the threat of such abuse to keep workers in a
state of service, or withhold payment of salaries as a means
to keep workers in a state of service? Are the traffickers
serving the time sentenced: If not, why not? Please
indicate whether the government can provide this information,
and if not, why not? (Note: complete answers to this section
are essential. End Note)
As of April 2006, 14 people had been charged under the
Prostitution Reform Act for offenses relating to prostitution
of persons less than 18 years of age. There have been eight
convictions. In the remaining cases the charges were
withdrawn, the accused was acquitted or the charges were
otherwise not proven. Four of the convictions were entered
in 2005/2006. During the 2005/2006 year three brothel
operators and one client were prosecuted for the use of
persons under age 18 in prostitution. The client and three
brothel operators were convicted.
The Prostitution Reform Act (PRA) presumes harm to those
under 18 who are engaged in commercial sexual activity. Some
observers believe that law enforcement officials and the
judiciary nevertheless tend to perceive consent and
complicity among underage prostitution victims. According to
a report by a U.S. Department of Justice (DoJ) attorney
participating in a GNZ-sponsored fellowship in New Zealand
the sentencing judge in once case involving a 16-year old
declared that the victim was not coerced and acted as a free
agent. Facing a maximum of 7 years in prison, the defendant
was sentenced to one year and nine months in prison. In
other cases, the DoJ attorney perceived light sentencing that
did not comport with the PRA's goal of preventing child
sexual exploitation. Other observers have noted
inconsistency and perceived leniency in sentencing with a
weight toward community service or limited prisons terms.
New Zealand is facing a prison crowding situation, and has a
robust home detention system. (NB: The DoJ attorney
participated an Ian Axford Public Policy fellowship, and was
hosted by the Ministry of Justice. Attorneys who worked with
her during her fellowship expressed concerns about her
academic approach and the quality of her work. End NB.)
-- G. Is there any information or reports of who is behind
the trafficking? For example, are the traffickers freelance
operators, small crime groups, and/or large international
organized crime syndicates? Are employment, travel, and
tourism agencies or marriage brokers fronting for traffickers
or crime groups to traffic individuals? Are government
officials involved? Are there any reports of where profits
from trafficking in persons are being channeled? (e.g. armed
groups, terrorist organizations, judges, banks, etc.)
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.
-- H. Does the government actively investigate cases of
trafficking? (Again, the focus should be on trafficking cases
versus migrant smuggling cases.) Does the government use
active investigative techniques in trafficking in persons
investigations? To the extent possible under domestic law,
are techniques such as electronic surveillance, undercover
operations, and mitigated punishment or immunity for
cooperating suspects used by the government? Does the
criminal procedure code or other laws prohibit the police
from engaging in covert operations?
The New Zealand government informs us that it investigates
any activity reported or any information that it receives.
GNZ also reports that to the extent possible, New Zealand
enforcement agencies use all enforcement tools available to
them as appropriate and as necessary. There is nothing in
the law that prohibits the police from engaging in covert
operations - although the scope of these powers is tempered
by the New Zealand Bill of Rights Act 1990.
The Embassy has requested from GNZ statistics regarding the
number of complaints received and investigations, and has
received only limited, quantified information concerning
investigations. On August 24, the Minister of Immigration
reported in Parliament that the Department of Labour -
Immigration, does not gather statistics on the number of
illegal migrants found working as prostitutes in New Zealand.
Beginning August 31, the Department of Labour began
collecting this information in Auckland compliance
operations, and through February 28, identified 31 persons
working illegally in nine premises. All were from Asia, and
none were identified as trafficking victims. They were from
the following countries: Hong Kong (8), China (2), Malaysia
(20) and South Korea (1). Other foreign-born nationals were
identified but all were found to be either permanent
residents or New Zealand citizens and therefore legally able
to work as prostitutes.
In UN CEDAW reports to New Zealand from 1998 to 2003, the
Committee consistently expressed the concern that New Zealand
did not provide sufficient data and information on the
situation of prostitution and the treatment of sex workers
who were in New Zealand illegally. In the 2003 CEDAW report,
the Committee particularly focused on women without residence
permits engaged in prostitution, including statistical
information. In its five-year stock take on New Zealand's
actions to prevent the commercial sexual exploitation of
children, published in June, the Ministry of Justice
recognized a statistics problem, noting that while government
and non-government agencies have continued to share research
reports, statistics and information, such sharing is in an ad
hoc manner.
A U.S. Department of Justice attorney (see also 29F) believes
that Police in Auckland are not pursuing cases against those
hiring underage or migrant prostitutes to work in brothels.
She said that although Police in Auckland felt it would not
take long to find immigrants illegally engaged in
prostitution, their priorities are drug related and violent
crimes. This is consistent with the findings of the
government's Prostitution Law Review Committee report of
April 2005, which found that only half of New Zealand's
districts have a New Zealand Police official whose portfolio
includes prostitution, and then at a small amount - usually
5-percent of less of the portfolio. Like rural districts,
the urban centers assign a single officer to the prostitution
portfolio but prostitution would represent a somewhat larger
portion of the officer's workload -- on average 20-percent.
The proportion of the portfolio was higher still in
Christchurch (50-percent) and Auckland central (45-percent),
but in all districts, less than one full-time equivalent
(FTE) was allocated to prostitution. Low allocations are not
altogether surprising, given the generalized
decriminalization of prostitution in New Zealand.
The Mandarin Times in Auckland has run articles on Asian
brothels and the lack of Police efforts in investigating
them. Police believe that there are many Asian women in New
Zealand on student permits who may be working illegally, on
their own volition, in the prostitution industry. Some Asian
women may be in New Zealand under conditions of debt bondage.
Officers of the Asian Crime Unit in Auckland believe debt
bondage cases are difficult for police to detect because of
differences in culture: the women may not feel that they are
trafficking victims because they want to work off their debt.
Police in Auckland also feel that foreign organized crime
interests may be involved in brothels and in finding women
for the sex industry. These opinions are supported by the
observations of other observers of the Asian community.
Concurrent with debate on the Manukau City Council Control of
Street Prostitution Bill (see 29E), a series of print and
television pieces reported on Asian brothels in the greater
Auckland area. While much of the debate was anecdotal and
the government questioned the creditability of the reports in
general, some reporters cited recent, historical studies as
evidence. Among these studies was a 2004 study of Chinese
women engaged in commercial sexual activity. That study
identified 13 Asian brothels in the Auckland and Manukau
regions. Several of the brothels refused to allow the
researchers access to the women. As part of the study, the
researchers identified no street workers. They also found
that for these Chinese women, the price for commercial sex
acts was set by the parlor or pimp in all but one instance,
and that the Chinese women had no apparent control in setting
price. Spokespersons from the New Zealand's Prostitute
Collective contend that the presence of a pimp is by nature
exploitative.
-- I. Does the government provide any specialized training
for government officials in how to recognize, investigate,
and prosecute instances of trafficking?
The government has provided training to other government
officials -- particularly non-governmental organizations in
Thailand -- on methods to protect child witnesses in criminal
proceedings.
-- J. Does the government cooperate with other governments in
the investigation and prosecution of trafficking cases? If
possible, can post provide the number of cooperative
international investigations on trafficking?
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.
The Mutual Assistance in Criminal Matters Act 1992 sets out a
process that allows New Zealand to co-operate with other
governments in the investigation and prosecution of criminal
offending, including trafficking, without the need for
bilateral mutual legal assistance treaties. The act allows
the New Zealand government to provide assistance in a number
of areas, including the gathering of evidence, identifying
and locating persons, and executing warrants. The New
Zealand Police also provide informal assistance to
counterparts around the world through Interpol. New Zealand
reports that it has not received any requests to investigate
trafficking.
-- K. Does the government extradite persons who are charged
with trafficking in other countries? If so, can post provide
the number of traffickers extradited? Does the government
extradite its own nationals charged with such offenses? If
not, is the government prohibited by law form extraditing its
own nationals? If so, is the government doing to modify its
laws to permit the extradition of its own nationals?
Yes. The government allows extra-territoriality to apply in
child sexual exploitation cases committed by New Zealanders
overseas. Trafficking is an extraditable offense under New
Zealand's Extradition Act of 1999, which allows New Zealand
to extradite offenders subject to evidential and other
requirements being met. New Zealand reports that it has
never extradited any persons for trafficking offenses nor
received a request to extradite a person charged with
trafficking related offenses. The Act reserves the right for
the New Zealand Government to refuse to extradite a New
Zealand national. Despite this, the New Zealand Government
does not, as a matter of general practice, refuse to
extradite New Zealand nationals.
-- L. Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional level?
If so, please explain in detail.
No, there is no evidence of government involvement in or
tolerance of trafficking
-- M. If government officials are involved in trafficking,
what steps has the government taken to end such
participation? Have any government officials been prosecuted
for involvement in trafficking or trafficking-related
corruption? Have any been convicted? What sentence(s) was
imposed? Please provide specific numbers, if available.
N/A
-- N. If the country has an identified child sex tourism
problem (as source or destination), how many foreign
pedophiles has the government prosecuted or
deported/extradited to their country of origin? What are the
countries of origin for sex tourists? Do the country's child
sexual abuse laws have extraterritorial coverage (similar to
the U.S. PROTECT Act)? If so, how many of the country's
nationals have been prosecuted and/or convicted under the
extraterritorial provision(s)?
While there is not a large-scale problem; New Zealand has
extraterritorial coverage under 144A of the Crimes Act of
1961 in respect of child sexual abuse laws and New Zealand
has cooperated in the prosecution of New Zealand citizens
that have engaged in child sex tourism overseas. It is also
an offense under section 144C of the Crimes Act 1961 to
organize or promote child sex tours. ECPAT has worked
closely with the travel industry to educate travel agents
about legislation and awareness of issues around sex tourism
and the risks to children in tourist destinations. In its
June 2006 newsletter, ECPAT NZ noted that since the adoption
of the law in 1994, there had been no prosecutions, poor
public awareness and low tourism industry awareness. New
Zealand NGO, Stop Demand, has also expressed frustration at
the lack of any convictions, contending that GNZ has not
directed sufficient resources toward this end. ECPAT noted
that countries with similar extra-territorial legislation on
child sex tourism (Canada, Australia and the United Kingdom),
featured information on the extraterritorial legislation on
the government travel advisory websites. Noting that New
Zealand lacks this information on its site, ECPAT has asked
and GNZ is considering revision to its webpage.
-- O. Has the government signed, ratified, and/or taken steps
to implement the following international instruments? Please
provide the date of signature/ratification if appropriate.
--ILO Convention 182 concerning the Prohibition and Immediate
Action for the Elimination of the Worst Forms of Child Labor.
--ILO Convention 29 and 105 on Forced or Compulsory Labor.
--The Optional Protocol to the Convention on the Rights of
the Child (CRC) on the Sale of Children, Child Prostitution,
and Child Pornography.
--The Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially Women and Children, supplementing the UN
Convention Against Transnational Organized Crime.
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.
¶30. PROTECTION AND ASSISTANCE TO VICTIMS:
-- A. Does the government assist victims, for example, by
providing temporary to permanent residency status, relief
from deportation, shelter and access to legal, medical and
psychological services? If so, please explain. Does the
country have victim care and victim health care facilities?
Does the country have facilities dedicated to helping victims
of trafficking? If so, can post provide the number of
victims placed in these care facilities?
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.
The Victims' Rights Act 2002 established the rights of
victims of crime. Such rights include the right to be
informed of services (such a physical and mental health
services, legal services, social welfare, and counseling) and
access to remedies. The NPACT will also consider the levels
of services available to victims of trafficking and discuss
any measures that could be employed to extend or enhance the
support provided to such victims. Temporary permits,
including limited purpose permits, can also be provided to
victims of trafficking in individual cases.
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. Victims with special needs, such as emotional
support or counseling will be referred by relevant
authorities to the specialist provider of care services.
The New Zealand government is unaware of any situation where
a person accessing these services or facilities has claimed
to be a victim of trafficking. However, the government has
put in place measures to ensure that there are services
available for young persons who are involved in or at risk of
all forms of commercial sexual exploitation.
In 2004, the Ministry of Social Development; the Department
of Child, Youth and Family; the Department of Building and
Housing, and the Housing New Zealand Corporation began work
to coordinate income, employment and housing assistance to 16
to 18 year olds leaving the care of Child Youth in Family.
In August 2004, the Department of Child, Youth and Family and
the Manukau Working Group (a group of government agencies and
NGOs concerned about child prostitution) supported the
setting up of a safe house for self-referrals and Child Youth
and Family referrals for homeless girls between ages 12 and
17 years involved in, or at risk of, commercial sexual
activity. Baptist Action offered to run the house on a trial
basis. Operated as Awhina Teina, Maori for "embracing the
little sister," the aim of the house is to create pathways so
that the girls can make lifestyle changes if they want. The
house also provides emergency accommodation for those who
need a safe bed for the night. The house opened officially
in April 2005 and can accommodate up to six children. During
the first year, the house had nine residents, whose average
age was 14. The government continues to monitor this
initiative to see whether further facilities are required.
Multiple commentators have noted this single
government-funded safe house, and asserted that the
government, which has funded international venues, needs to
expand and develop Awhina Teina model in Auckland and other
regions.
-- B. Does the government provide funding or other forms of
support to foreign or domestic NGOs for services to victims?
Please explain.
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.
As there have been no domestic prosecutions for trafficking,
the government has not had cause to provide funding to
domestic agencies to assist victims. However, the government
does fund a number of overseas programs that are directed at
preventing trafficking, including by assisting countries to
develop support mechanisms for victims.
NZAID recently concluded its support for a UNICEF sponsored
program that targeted parts of eastern Indonesia. The
program was co-funded with Great Britain, and addressed child
protection issues including the trafficking and sexual
exploitation of child workers. It involved a mix of advocacy
and capacity building work.
The New Zealand government will continue to support a
UNICEF-led program in the Philippines. One important aspect
of this program involves supporting children at risk of
trafficking and labor exploitation. The program includes a
wide range of strategies to limit these risks, including
advocacy, awareness raising, and improving laws and
protection services.
The government has also provided substantial funding to the
UN Inter-Agency Project (UNIAP) on human trafficking in the
Greater Mekong Sub-region. Key UNIAP components include
research work, database development, advocacy, media
awareness, promoting cooperation between national and
provincial authorities, capacity building, and
anti-trafficking projects in specific regions.
-- C. Do the government's law enforcement and social services
personnel have a formal system of identifying victims of
trafficking among high-risk persons with whom they come in
contact (e.g. foreign persons arrested for prostitution or
immigration violations)? Is there a referral process in
place, when appropriate, to transfer victims detained,
arrested or placed in protective custody by law enforcement
authorities to NGO's that provide short- or long-term care?
Yes, the government reports that a system is in place that is
managed on a case by case basis. Post has no knowledge of
trafficked victims who have been jailed, fined or deported.
Illegal immigrants have been jailed, fined and deported.
-- D. Are the rights of victims respected, or are victims
treated as criminals? Are victims detained, jailed, or
deported? If detained or jailed, for how long? Are victims
fined? Are victims prosecuted for violations of other laws,
such as those governing immigration or prostitution?
Yes. The rights of all victims of criminal offending are
respected by New Zealand authorities. The Victims' Rights
Act 2002 provides specific statutory recognition to the role
of victims in the criminal justice system. The Act provides
that those involved in the criminal justice system who come
into contact with victims should treat the victims with
courtesy, compassion, and respect for their personal dignity
and privacy. It also mandates that in addition to being
provided counseling and social services, victims and their
families should be informed about the progress of criminal
proceedings in which the victim is involved, the charges
laid, the victim's role as a prosecution witness, the date
and place of certain events surrounding hearings, and every
final disposition of proceedings. Any information that
should be given to the victim can be given to a support
person when the victim cannot receive it or is not capable
alone of understanding it.
While the New Zealand government reports that since 2001 it
is unaware of any victims of trafficking in New Zealand, the
government encourages victims to support investigations and
prosecutions of people smugglers. New Zealand states that in
any trafficking case, its approach would be to seek victims'
collaboration, ensure their accommodation needs are met, and
issue them temporary permits where appropriate to enable them
to remain lawfully in New Zealand, including to serve as
legal witnesses if needed.
-- E. Does the government encourage victims to assist in the
investigation and prosecution of trafficking? May victims
file civil suits or seek legal action against the
traffickers? Does anyone impede the victims' access to such
legal redress? If a victim is a material witness in a court
case against a former employer, is the victim permitted to
obtain other employment or to leave the country pending trial
proceedings? Is there a victim restitution program?
Yes, if the government were to become aware of instances of
trafficking, it would take steps to solicit the cooperation
of victims so long as this did not jeopardize the success of
proceedings. Although the government would have an interest
in persuading the victims to remain, the New Zealand
government would not seek to prevent a victim of trafficking
leaving the country if the person was seeking to leave of
their own volition.
Where a person has been convicted of an offense, he or she
may be sentenced to make reparation to the victim. The court
must consider reparation in all cases and must impose it
unless satisfied that it would be clearly inappropriate
because it would result in undue hardship for the offender or
the dependents of the offender, or because of any other
special circumstances.
For example, in 2000 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. What kind of protection is the government able to
provide for victims and witnesses? Does it provide these
protections in practice? What type of shelter or services
does the government provide? Does it provide shelter or
housing benefits to victims or other resources to aid the
victims in rebuilding their lives? Where are child victims
placed (e.g. in shelters, foster-care, or juvenile justice
detention centers)?
The government provides extensive protection and recovery
support to victims and witnesses (see 30A and 30B). 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. Does the government provide any specialized training
for government officials in recognizing trafficking and in
the provision of assistance to trafficked victims, including
the special needs of trafficked children? Does the
government provide training on protections and assistance to
its embassies and consulates in foreign countries that are
destination or transit countries? Does it urge those
embassies and consulates to develop ongoing relationships
with NGOs that serve trafficked victims?
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.
Immigration officers have received training on
anti-trafficking legislation and its implementation,
including the process for providing victims with information
on social services.
-- H. Does the government provide assistance, such as medical
aid, shelter, or financial help, to its repatriated nationals
who are victims of trafficking?
New Zealand citizens and residents are entitled to a wide
range of social, mental and physical services, regardless of
circumstances. The means and framework are there to provide
assistance to victims of trafficking if needed.
-- I. Which international organizations or NGOs, if any, work
with trafficking victims? What type of services do they
provide? What sort of cooperation do they receive from local
authorities? NOTE: If post reports that a government is
incapable of assisting and protecting TIP victims, then post
should explain thoroughly. Funding, personnel, and training
constraints should be noted, if applicable. Conversely, the
lack of political will to address the problem should be noted
as well.
ECPAT New Zealand, Ending Child Prostitution and Trafficking,
is the lead NGO in this field and works closely with the
government. Other relevant civil society groups include the
New Zealand Prostitutes Collectives and the Salvation Army.
These groups have worked closely with local authorities in
the past.
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 40
hours in preparation of the TIP report cable.
Keegan