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