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10 N.Z. Y.B. Int'l L. 173 (2012)
Confronting the Challenge of Human Trafficking for Forced Labour in the Pacific: Some Thoughts from New Zealand

handle is hein.intyb/nzyrbk0010 and id is 183 raw text is: CONFRONTING THE CHALLENGE OF HUMAN TRAFFICKING FOR FORCED LABOUR IN THE PACIFIC: SOME THOUGHTS FROM NEW ZEALAND THOMAS HARR * I. INTRODUCTION Over the past several years, horror stories of abuses suffered by fishermen working on board foreign-owned fishing vessels in New Zealand's exclusive economic zone (EEZ) have found their way into the media both in New Zealand and internationally.' Despite this ongoing and high-level2 attention on New Zealand, very little reliable information is available regarding human trafficking for forced labour in the wider Pacific region. By drawing on both the experience of New Zealand in this area and what is considered to be best practice internationally, this note seeks to provide some insight into what may be the most appropriate methods for responding to these issues as they arise in the Pacific. II. BACKGROUND To ALLEGATIONS OF FORCED LABOUR IN NEW ZEALAND'S FISHING INDUSTRY For some time now there have been high profile allegations of human trafficking in New Zealand. Of particular note are the annual reports produced by the US Department of State on Trafficking in Persons, which attempt to summarise the trafficking situation in every country in the world.' * BA, LLB, LLM (Hons). Researcher, Slave Free Seas. 1 See Benjamin Skinner The Fishing Industry's Cruellest Catch Businesweek (online ed, 23 February 2012); Michael Field Slave Fishing in New Zealand: The File <www.michaelfield.org>; Advocates for Public Interest Law Comments Concerning the Human Trafficking in Republic of Korea to the United States Department of State 21 February 2013 <www.apil.or.kr>; Korean Forced Labour 'Problem' of Trafficking Downgrade a 'Warning' <news.naver.com> (online ed, 17 February 2013) (translation by google.com). 2 For example, see the Trafficking in Persons Report [TIP], produced annually by the US Department of State. This report grades countries according to three tiers. A country classed as Tier 3 may be subject to sanctions. See US Department of State Tier Placements <www.state.gov>. 3 The TIP report is created on the basis of the definition of human trafficking that is used in the Trafficking Victims Protection Act 2000 (USA) 22 USC § 7101 [TVPA]. This definition is materially similar to the definition adopted by the United Nations, discussed below. The TIP report is the most comprehensive of the international reports relating to human trafficking, however there are others that also state that New Zealand has human trafficking taking place within its borders. See also Global Report on Trafficking (UNODC, Vienna, 2009); Advisory Council of Jurists Consideration of the Issue of Trafficking: Background Paper (The Asia Pacific Forum of National Human Rights Institutions, New Delhi, India, 11-12 November 2002) and Pacific Immigration Directors Conference People Smuggling, Human Trafficking and Illegal Migration in the Pacific: A Regional Perspective: January to December 2008 (November 2009) (restricted document, on file with the author). 173

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