72. Through the SEXHUM (Sexual Humanitarianism) project in Aotearoa New Zealand, it was reported that:95 Our data confirms that section 19 of the PRA, brought in to prevent trafficking, leaves migrant sex workers more vulnerable to abuse and exploitation (including trafficking) because it inhibits them from reporting to the police out of a fear of deportation. 73. The findings of the SEXHUM policy report also found that due to s 19 of the Prostitution Reform Act 2003, migrant sex workers were prevented from seeking medical support.96 74. In 2018, the Committee on the Elimination of Discrimination against Women (the CEDAW Committee) noted specific concerns that migrant women engaged in prostitution may be exposed to exploitation and are at risk of trafficking in Aotearoa New Zealand. The CEDAW Committee made recommendations in this regard that included amending s 19 of the Prostitution Reform Act 2003, revising migration laws to reduce the risks and negative impacts on migrant women, and strengthening mechanisms to identify, protect and assist victims of trafficking and sexual exploitation.97 75. The Committee may wish to recommend that the Government: (a) Continue with its efforts to introduce legislation on modern slavery and worker exploitation and consider including: i. avenues for redress and remediation for victims and survivors; ii. due diligence obligations, with explicit requirements to consider gender, ethnicity, nation of origin, and child status; and iii. recognition of the principles of Te Tiriti, as well as the UNDRIP and the International Labour Organisation’s Indigenous and Tribal Peoples Convention (ILO 169). (b) Update the definition of child trafficking under the Crimes Act 1961 to align with the international definition. Article 3 Specific needs of vulnerable persons seeking asylum (List of Issues item 7) 76. Aotearoa New Zealand has recently made some significant policy successes in relation to treatment of refugees, such as by increasing the annual Refugee Quota from 1000 to 150098, removing discriminatory “family link” restrictions on African and Middle Eastern refugees99, and allocating funds to ensure the Refugee Support Category (which allows for Refugees to invite their family members to apply for a resident visa in Aotearoa New Zealand) is more accessible. However, one group of migrants is often ignored and discriminated against – asylum seekers. 95 SEXUM New Zealand, available at https://sexhum.org/sexhum-new-zealand/. Sexual Humanitarianism. Understanding agency and exploitation in the global sex industry (2015) at [20]. 97 CEDAW Committee, Concluding observations of the eigth periodic report of New Zealand at [27]-[28] available at https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CEDAW%2FC%2FNZL%2FCO %2F8&Lang=en. 98 See https://www.parliament.nz/media/7269/new-zealand-refugee-quota-august-2020.pdf. 99 See https://www.1news.co.nz/2019/10/03/new-zealands-racist-and-discriminatory-africa-and-middle-east-refugeepolicy-scrapped/. 96 20

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