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### Viewing cable 09STATE60523, NEW ZEALAND -- 2009 TIP REPORT: PRESS GUIDANCE

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
09STATE60523 | 2009-06-11 22:11 | 2011-04-28 00:00 | UNCLASSIFIED | Secretary of State

`

    VZCZCXRO6981
    OO RUEHNZ
    DE RUEHC #0523/01 1622236
    ZNR UUUUU ZZH
    O 112211Z JUN 09
    FM SECSTATE WASHDC
    TO RUEHBY/AMEMBASSY CANBERRA IMMEDIATE 4505
    INFO RUEHNZ/AMCONSUL AUCKLAND IMMEDIATE 0943

` `

    UNCLAS SECTION 01 OF 05 STATE 060523

    SIPDIS

    E.O. 12958: N/A
    TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG NZ
    SUBJECT: NEW ZEALAND -- 2009 TIP REPORT: PRESS GUIDANCE
    AND DEMARCHE

    REF: (A) STATE 59732 (B) STATE 005577

    ¶1. This is an action cable; see paras 5 through 7 and 10.

    ¶2. On June 16, 2009, at 10:00 a.m. EDT, the Secretary will
    release the 2009 Trafficking in Persons (TIP) Report at a
    press conference in the Department's press briefing room.
    This release will receive substantial coverage in domestic
    and foreign news outlets.  Until the time of the Secretary's
    June 16 press conference, any public release of the Report or
    country narratives contained therein is prohibited.

    ¶3. The Department is hereby providing Post with advance press
    guidance to be used on June 16 or thereafter.  Also provided
    is demarche language to be used in informing the Government
    of New Zealand of its tier ranking and the TIP Report's
    imminent release.  The text of the TIP Report country
    narrative is provided, both for use in informing the
    Government of New Zealand and in any local media release by
    Post's public affairs section on June 16 or thereafter.
    Drawing on information provided below in paras 8 and 9, Post
    may provide the host government with the text of the TIP
    Report narrative no earlier than 1200 noon local time Monday
    June 15 for WHA, AF, EUR, and NEA countries and OOB local
    time Tuesday June 16 for SCA and EAP posts.  Please note,
    however, that any public release of the Report's information
    should not/not precede the Secretary's release at 10:00 am
    EDT on June 16.

    ¶4. The entire TIP Report will be available on-line at
    www.state.gov/g/tip shortly after the Secretary's June 16
    release.  Hard copies of the Report will be pouched to posts
    in all countries appearing on the Report.  The Secretary's
    statement at the June 16 press event, and the statement of
    and fielding of media questions by G/TIP,s Director and
    Senior Advisor to the Secretary, Ambassador-at-Large Luis
    CdeBaca, will be available on the Department's website
    shortly after the June 16 event.  Ambassador de Baca will
    also hold a general briefing for officials of foreign
    embassies in Washington DC on June 17 at 3:30 pm EDT.

    ¶5. Action Request: No earlier than 12 noon local time on
    Monday June 15 for WHA, AF, EUR, and NEA posts and OOB local
    time on Tuesday June 16 for SCA and EAP posts, please inform
    the appropriate official in the Government of New Zealand of
    the June 16 release of the 2009 TIP Report, drawing on the
    points in para 9 (at Post's discretion) and including the
    text of the country narrative provided in para 8.  For
    countries where the State Department has lowered the tier
    ranking, it is particularly important to advise governments
    prior to the Report being released in Washington on June 16.

    ¶6. Action Request continued:  Please note that, for those
    countries which will not receive an "action plan" with
    specific recommendations for improvement, posts should draw
    host governments' attention to the areas for improvement
    identified in the 2009 Report, especially highlighted in the
    "Recommendations" section of the second paragraph of the
    narrative text.  This engagement is important to establishing
    the framework in which the government's performance will be
    judged for the 2010 Report.  If posts have questions about
    which governments will receive an action plan, or how they
    may follow up on the recommendations in the 2009 Report,
    please contact G/TIP and the appropriate regional bureau.

    ¶7. Action Request continued: On June 16, please be prepared
    to answer media inquiries on the Report's release using the
    press guidance provided in para 11.  If Post wishes, a local
    press statement may be released on or after 10:30 am EDT June
    16, drawing on the press guidance and the text of the TIP
    Report's country narrative provided in para 8.

    ¶8. Begin Final Text of New Zealand,s country narrative in
    the 2009 TIP Report:

    --------------------------------
    New Zealand (TIER 1)
    --------------------------------

    New Zealand is a source country for underage girls trafficked
    internally for the purpose of commercial sexual exploitation.
     It is also reportedly a destination country for women from
    Hong Kong, Thailand, Taiwan, the People,s Republic of China,
    Eastern Europe, and other Asian countries trafficked into
    forced prostitution.  Very few minors are found in
    prostitution in legal or illegal brothels.  Some underage
    girls engage in prostitution occasionally on the street

    STATE 00060523  002 OF 005

    without the obvious control of a third party, while other
    girls engaging in prostitution are tightly controlled by
    local gangs.  A number of Asian women migrate voluntarily to
    New Zealand to work in the legal sex trade, although it is
    illegal for them to do so.  Reports indicate that traffickers
    subsequently coerce them to work against their will in
    exploitive situations or by threatening them with abuses of
    the law like deportation or jail.  Unskilled Asians and
    Pacific Islanders migrate to New Zealand voluntarily to work
    legally or illegally in the agricultural sector, and women
    from the Philippines migrate legally to work as nurses.  Some
    of these workers report that manpower agencies placed them in
    positions of involuntary servitude or debt bondage by
    charging them escalating and unlimited recruiting fees,
    imposing unjustified salary deductions on them, restricting
    their travel by confiscating their passports, and
    significantly altering contracts or working conditions
    without their agreement.  Relative to the population of New
    Zealand, the estimated number of trafficking victims is
    modest, although no research has been conducted to determine
    the full extent of the trafficking problem in New Zealand.

    The Government of New Zealand fully complies with the minimum
    standards for the elimination of trafficking.  New Zealand,s
    laws prohibit all forms of human trafficking, and the
    government funds and participates in international
    anti-trafficking initiatives.  It offers an extensive network
    of protective services to internal and transnational
    trafficking victims, regardless of whether they are
    recognized as trafficking victims.  It is likely, however,
    that foreigners in New Zealand exploited in forced labor and
    the commercial sex trade have not been identified by the
    government as trafficking victims.

    Recommendations for New Zealand:  Consider amending relevant
    laws to provide for minimum sentences for trafficking crimes,
    including the internal trafficking of children for commercial
    sexual exploitation; develop and implement a visible
    anti-trafficking awareness campaign directed at clients of
    the legal sex trade; and institute more effective formal
    procedures for law enforcement officials to proactively
    identify trafficking victims in vulnerable populations such
    as women and children engaged in prostitution and migrant
    laborers.

    Prosecution
    -----------
    The Government of New Zealand made uneven progress in law
    enforcement efforts against trafficking during the past year.
     New Zealand prohibits transnational sex and labor
    trafficking under Part 5 and various amendments of the Crimes
    Act of 1961, yet it has prosecuted no offenses under this
    law.  Laws against rape, abduction, assault, kidnapping,
    child sexual abuse, sexual slavery, the receipt of financial
    gain from exploiting children in prostitution, and labor
    exploitation prohibit forms of internal trafficking, but such
    crimes are not specifically included within the
    anti-trafficking provisions of the Crimes Act.  Sufficiently
    stringent maximum penalties of 20 years, imprisonment and/or
    a fine of $250,000 under the above statutes are commensurate
    with those prescribed for other serious crimes.  Although the
    mandatory minimum sentence prescribed as punishment for rape
    is eight years, New Zealand law has no such minimum penalties
    prescribed for either transnational trafficking offenses or
    the commercial sexual exploitation of a child domestically.
    During 2008, law enforcement officers made 21 compliance
    visits to brothels, homes and premises used for the sex
    industry and found nine foreigners illegally working in
    prostitution.  Four of the women were processed for
    deportation, three left voluntarily, and two were allowed to
    remain in New Zealand.  Law enforcement officers who
    interviewed the women did not uncover evidence of labor
    exploitation, and could not determine whether they were
    victims of sex trafficking.   In July, a brothel owner from
    Christchurch became the first person charged under a law from
    2006 banning sexual slavery.  Two girls, ages 16 and 17, were
    found exploited in his brothel for more than a year.  The
    prosecution is pending.  Authorities charged a New Plymouth
    brothel owner in December with several offenses related to
    &employing8 a 15-year-old girl as a prostitute for six
    months in 2005.  Also in December, the Tauranga District
    Court sentenced a Bay of Plenty man to 27 months'
    imprisonment for assisting and receiving earnings from the
    prostitution of his 15-year-old girlfriend in 2006 and 2007.
    Police charged a 47-year old Auckland man with facilitating
    and profiting from the prostitution of underage children in
    February 2009.  The government conducted 264 agricultural
    labor compliance checks in 2008.  Although they received
    complaints of labor exploitation in agricultural work over
    several years, labor officials did not believe the situations
    indicated trafficking and opened no investigations or
    prosecutions in relation to the complaints.

    STATE 00060523  003 OF 005

    Protection
    ----------
    The Government of New Zealand provides strong support and
    social services for victims of all crimes, including
    trafficking, through the New Zealand Council of Victim
    Support Groups.  Under the Victim's Rights Act of 2002 police
    attend to victims, immediate welfare needs, such as food and
    shelter. The law currently allows foreign victims temporary
    legal residence and relief from prosecution for immigration
    offenses, and the Interagency Working Group (IWG) is
    considering a specific immigration status for trafficking
    victims and longer-term support services in the national plan
    of action.  The government offers support services for
    children involved in, or at risk of, commercial sexual
    exploitation.  No identified victims were jailed, fined, or
    deported.  It is possible, however, that foreigners were not
    identified by police and immigration officials as possible
    trafficking victims.  New Zealand significantly contributed
    to victim protection programs in the Mekong Sub-Region and
    the Pacific Island region.  No victims of trafficking were
    proactively identified by the government during the reporting
    period, besides the aforementioned children found exploited
    in New Zealand,s commercial sex trade.

    Prevention
    ----------
    The Government of New Zealand demonstrated inconsistent
    efforts to prevent human trafficking.  During the year, it
    did not run campaigns to raise public awareness of
    trafficking risks, nor did it take steps to reduce demand for
    commercial sex acts.  It did make efforts, however, to
    educate officials on trafficking and their obligations under
    the laws and included funding for anti-trafficking awareness
    campaigns in next year,s budget.  The IWG, as part of the
    national plan of action process, worked with NGOs and civil
    society, and published its activities on a Ministry web site.
     An assumption that all women engaging in prostitution in New
    Zealand do so willingly appears to underpin official policy
    and programs, and has inhibited public discussion and
    examination of indications that trafficking exists within
    both the decriminalized and illegal sex industries.  New
    Zealand remained active in international efforts to monitor
    and prevent trafficking.  Its foreign assistance agency
    provided substantial funding to countries and organizations
    to build countries, anti-trafficking capacity, to prevent
    trafficking, and to provide services to victims.  New Zealand
    emphasized its laws on child sex tourism, which apply
    extraterritorially, on its travel webpage.  The government
    provided anti-trafficking training to military personnel
    assigned to international peacekeeping missions prior to
    their deployment. There were no reports of New Zealand
    peacekeeping personnel involved in trafficking or exploiting
    trafficking victims during the year.

    --------------------------------------------- ---------

    ¶9. Post may wish to deliver the following points, which offer
    technical and legal background on the TIP Report process, to
    the host government as a non-paper with the above TIP Report
    country narrative:

    (begin non-paper)

    -- The U.S. Congress, through its passage of the 2000
    Trafficking Victims Protection Act, as amended (TVPA),
    requires the Secretary of State to submit an annual Report to
    Congress.  The goal of this Report is to stimulate action and
    create partnerships around the world in the fight against
    modern-day slavery.  The USG approach to combating human
    trafficking follows the TVPA and the standards set forth in
    the Protocol to Prevent, Suppress and Punish Trafficking in
    Persons, Especially Women and Children, supplementing the
    United Nations Convention against Transnational Organized
    Crime (commonly known as the "Palermo Protocol").  The TVPA
    and the Palermo Protocol recognize that this is a crime in
    which the victims, labor or services (including in the "sex
    industry") are obtained or maintained through force, fraud,
    or coercion, whether overt or through psychological
    manipulation.  While much attention has focused on
    international flows, both the TVPA and the Palermo Protocol
    focus on the exploitation of the victim, and do not require a
    showing that the victim was moved.

    -- Recent amendments to the TVPA removed the requirement that
    only countries with a "significant number" of trafficking
    victims be included in the Report. Beginning with the 2009
    TIP Report, countries determined to be a country of origin,
    transit, or destination for victims of severe forms of
    trafficking are included in the Report and assigned to one of
    three tiers.  Countries assessed as meeting the "minimum
    standards for the elimination of severe forms of trafficking"

    STATE 00060523  004 OF 005

    set forth in the TVPA are classified as Tier 1.  Countries
    assessed as not fully complying with the minimum standards,
    but making significant efforts to meet those minimum
    standards are classified as Tier 2.  Countries assessed as
    neither complying with the minimum standards nor making
    significant efforts to do so are classified as Tier 3.

    -- The TVPA also requires the Secretary of State to provide a
    "Special Watch List" to Congress later in the year.
    Anti-trafficking efforts of the countries on this list are to
    be evaluated again in an Interim Assessment that the
    Secretary of State must provide to Congress by February 1 of
    each year.  Countries are included on the "Special Watch
    List" if they move up in "tier" rankings in the annual TIP
    Report -- from 3 to 2 or from 2 to 1 ) or if they have been
    placed on the Tier 2 Watch List.

    -- Tier 2 Watch List consists of Tier 2 countries determined:
    (1) not to have made "increasing efforts" to combat human
    trafficking over the past year; (2) to be making significant
    efforts based on commitments of anti-trafficking reforms over
    the next year, or (3) to have a very significant number of
    trafficking victims or a significantly increasing victim
    population.  As indicated in reftel B, the TVPRA of 2008
    contains a provision requiring that a country that has been
    included on Tier 2 Watch List for two consecutive years after
    the date of enactment of the TVPRA of 2008 be ranked as Tier
    ¶3.  Thus, any automatic downgrade to Tier 3 pursuant to this
    provision would take place, at the earliest, in the 2011 TIP
    Report (i.e., a country would have to be ranked Tier 2 Watch
    List in the 2009 and 2010 Reports before being subject to
    Tier 3 in the 2011 Report).  The new law allows for a waiver
    of this provision for up to two additional years upon a
    determination by the President that the country has developed
    and devoted sufficient resources to a written plan to make
    significant efforts to bring itself into compliance with the
    minimum standards.

    -- Countries classified as Tier 3 may be subject to statutory
    restrictions for the subsequent fiscal year on
    non-humanitarian and non-trade-related foreign assistance
    and, in some circumstances, withholding of funding for
    participation by government officials or employees in
    educational and cultural exchange programs.   In addition,
    the President could instruct the U.S. executive directors to
    international financial institutions to oppose loans or other
    utilization of funds (other than for humanitarian,
    trade-related or certain types of development assistance)
    with respect to countries on Tier 3.  Countries classified as
    Tier 3 that take strong action within 90 days of the Report's
    release to show significant efforts against trafficking in
    persons, and thereby warrant a reassessment of their Tier
    classification, would avoid such sanctions.  Guidelines for
    such actions are in the DOS-crafted action plans to be shared
    by Posts with host governments.

    -- The 2009 TIP Report, issuing as it does in the midst of
    the global financial crisis, highlights high levels of
    trafficking for forced labor in many parts of the world and
    systemic contributing factors to this phenomenon:  fraudulent
    recruitment practices and excessive recruiting fees in
    workers, home countries; the lack of adequate labor
    protections in both sending and receiving countries; and the
    flawed design of some destination countries, "sponsorship
    systems" that do not give foreign workers adequate legal
    recourse when faced with conditions of forced labor.  As the
    May 2009 ILO Global Report on Forced Labor concluded, forced
    labor victims suffer approximately $20 billion in losses, and
    traffickers, profits are estimated at $31 billion.  The
    current global financial crisis threatens to increase the
    number of victims of forced labor and increase the associated
    "cost of coercion."

    -- The text of the TVPA and amendments can be found on
    website www.state.gov/g/tip.

    -- On June 16, 2009, the Secretary of State will release the
    ninth annual TIP Report in a public event at the State
    Department.  We are providing you an advance copy of your
    country's narrative in that report.  Please keep this
    information embargoed until 10:00 am Washington DC time June
    ¶16.  The State Department will also hold a general briefing
    for officials of foreign embassies in Washington DC on June
    17 at 3:30 pm EDT.

    (end non-paper)

    ¶10. Posts should make sure that the relevant country
    narrative is readily available on or though the Mission's web
    page in English and appropriate local language(s) as soon as
    possible after the TIP Report is released.  Funding for
    translation costs will be handled as it was for the Human

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    Rights Report.  Posts needing financial assistance for
    translation costs should contact their regional bureau,s EX
    office.

    ¶11. The following is press guidance provided for Post to use
    with local media.

    Q1:  Why was New Zealand again given a ranking of Tier 1?

    A:  The Government of New Zealand fully complies with the
    minimum standards for the elimination of trafficking.  New
    Zealand,s laws prohibit all forms of human trafficking, and
    the government funds and participates in international
    anti-trafficking initiatives.  It offers an extensive network
    of protective services to internal and transnational
    trafficking victims, regardless of whether they are
    recognized as trafficking victims.  It is likely, however,
    that foreigners in New Zealand exploited in forced labor and
    the commercial sex trade have not been identified by the
    government as trafficking victims.

    Q2:  What is the nature of New Zealand,s trafficking problem?

    A:  New Zealand is a source country for underage girls
    trafficked internally for the purpose of commercial sexual
    exploitation.  It is also reportedly a destination country
    for women from Hong Kong, Thailand, Taiwan, the People,s
    Republic of China, Eastern Europe, and other Asian countries
    trafficked into forced prostitution.  Unskilled Asians and
    Pacific Islanders migrate to New Zealand voluntarily to work
    legally or illegally in the agricultural sector, and women
    from the Philippines migrate legally to work as nurses.  Some
    of these workers report that manpower agencies placed them in
    positions of involuntary servitude or debt bondage by
    charging them excessive and escalating recruiting fees,
    imposing unjustified salary deductions on them, restricting
    their travel by confiscating their passports, and
    significantly altering contracts or working conditions
    without their permission.  Relative to the population of New
    Zealand, the estimated number of trafficking victims is
    modest, although no research has been conducted to determine
    the full extent of the trafficking problem in New Zealand.

    Q3: What efforts could New Zealand make to improve its
    anti-trafficking efforts?

    A:  To advance its efforts to combat trafficking, the
    Government of  New Zealand could:  institute sufficiently
    stringent minimum sentences for convicted trafficking
    offenders, including those who traffic children internally
    for commercial sexual exploitation; institute more effective
    formal procedures for law enforcement officials to
    proactively identify trafficking victims in vulnerable
    populations such as women and children engaged in
    prostitution and migrant laborers; continue investigating and
    prosecuting employment recruiting agencies or employers
    demanding excessive fees from foreign workers, and those
    engaging in contract switching.

    ¶12. The Department appreciates posts, assistance with the
    preceding action requests.
    CLINTON

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