Newsletter

July 2013

Crossing the Road for One Another

We become neighbours when we are willing to cross the road for one another. There is so much separation and segregation: between black people and white people, between gay people and straight people, between young people and old people, between sick people and healthy people, between prisoners and free people, between Jews and Gentiles, Muslims and Christians, Protestants and Catholics, Greek Catholics and Latin Catholics. There is a lot of road crossing to do. We are all very busy in our own circles. We have our own people to go to and our own affairs to take care of. But if we could cross the street once in a while and pay attention to what is happening on the other side, we might become neighbours. Henri Nouwen We see from

Just Relecting

where we stand

The road in Mumbai was dusty; the tiny apartments atop the shanty shops appeared derelict and unliveable when viewed through my Western eyes. And the mere thought of what the living conditions might be like for the families who called such dwellings home, brought my compassion racing to the forefront. However voicing these concerns to my son whose home is in India, challenged me to change the lens through which I was observing the landscape, for Jarrod explained how obtaining such a dwelling was an aspiration for many and seen as a positive step up. Captured by dreams and hopes of what may be, many a woman or man, or in some cases, a family unit, willingly risk all and head into cities from desperately poor rural areas, in a frantic bid to improve their living conditions. For many, home begins on the outskirts; on the edges of society, their roof being a blue tarpaulin, their loor, a concrete pavement. From the outside looking in those shanty rooftop dwellings are seen as a goal to hold dear; a dream to strive for. Much is spoken regarding poverty and exclusion, exploitation and enslavement, yet these issues tend to remain elusive in true deinition and valid research understanding. A Haiti proverb says, we see from where we stand, and therein I think lays the challenge for those of us advocating for change as our voices relect our experience as persons living in afluent countries with high consumption rates. How can this begin to change? I think Nouwen put it well when he said, if we could cross the street once in a while and pay attention to what is happening on the other side, we might become neighbours. The life stories of countless people whose very existence is on the margins of society are theirs to share and ours to try and understand in order for real positive change to occur. Chris Frazer, coordinator of STOP THE TRAFFIK NZ

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July 2013

The Community Justice Project by Will Robertson

Students at Wellingtons Victoria University Faculty of Law have plenty of opportunities to contemplate careers in the big city law irms. The Facultys internal columns and toilet stall doors are plastered with recruitment posters beckoning the best and brightest to apply for summer internships with the promise of inancial awards and enviable careers working with the nations top corporates. The Community Justice Project (CJP), launched in 2011, was set up to improve access to justice and legal services and give students the opportunity to put those in-demand legal research skills to work in service to the community. Founder Hele na Cook said that the idea behind the project came in her penultimate year of study, when, looking for an opportunity to do some public good with what she had learned, she drew blanks. In a speech at CJPs launch in August 2011, then Principal Family Court Judge Peter Boshier praised the initiative. The project relects everything that is noble in a true community spirit because you are helping others for no cost and for the greater good, Boshier said. High praise from above for a spirit that, after only a few short seasons, has borne real fruit. The CJP has four main areas of concern: advocacy, law reform, education, and human rights. Work to date by CJPs human rights team alone includes writing a report on the effects of New Zealands prostitution regime on victims of human traficking for Justice ACTs, helping to develop resources for the Wellington Community Law Centres Refugee and Immigration Legal Advice Service for refugees, and working with prisoners alongside the Prisoners Aid and Rehabilitation Society. The human rights team is also working closely with the Human Rights Commission. This year, Stop the Trafik (STT) is fortunate to have CJPs human rights team working on several research projects going to the STTs main objectives of highlighting traficking labour exploitation and abuse in the supply chains of products manufactured overseas and New Zealand, and traficking and related human rights abuses occurring in New Zealand territory. Nathalie Harrington, co-chair of CJPs Human Rights team along with Juliet Bull, said that partnering with STT provided a valuable opportunity for CJP to work with an organisation that was tackling, hands-on, the issues that students studied in theory but to which they would otherwise have no real exposure. We hope that CJP increases STT capacity to carry out its work, while providing law students with insight into the array of careers open to them, as well, Harrington said. Jess Balu, a ifth year law and political science (honours) student, is leading a team looking into whether New Zealands response to the abuse of workers on foreign charter vessels (FCVs) could prove useful to other jurisdictions. Balu said that the teams two-part report would examine New Zealands response to the issue and consist of several case studies for countries in Oceania and South East Asia in which STT operates. Balu said she hoped the teams research would assist STT internationally in the ight against labour abuses at sea, efforts against which STT Aotearoa is at the bleeding edge. Its really exciting to have the chance to work on something with potential international ramiications, said Balu. New Zealand is at the forefront of some incredibly positive change, and, provided the Fisheries Act is successfully amended, whos to say it cant be done elsewhere?

STOP THE TRAFFIK NZ

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Several of STTs steering group members have been instrumental in bringing the issue of abuses on FCVs to light, and in ighting for the rights of ishermen found to have suffered labour and other abuses in New Zealand waters. In August 2011, steering group member Dr Christina Stringer along with University of Auckland Business School colleague Glenn Simmons, released a comprehensive and damning report documenting substandard conditions, verbal and physical abuse, sexual harassment, intimidation and threats, and the absence of responsibility suffered by crew on board particularly Korean ishing vessels. Not in New Zealand Waters, Surely? reported that crew working on New Zealand-lagged vessels earned up to 10 times more than their foreign counterparts, whose salaries were paid to manning agents and who worked on average 112 hours per week with shifts of up to 53 hours in length, with no time off for two years. Anglican Care Minister the Rev. Jolyon White, also a STT steering group member, knows the issue intimately, having personally cared for, and battling for the wages of, four Indonesian crewman from the Oyang 77, a Korean-owned ishing vessel whose crew abandoned ship in Lyttleton in protest at inhumane conditions on board the ship. The efforts of Dr Stringer, the Rev. White, and a number of other people working within non-governmental organizations or independently led to a Ministerial Inquiry into FCVs. Following the inquiry, the Government announced on 22 May 2012 that it was to require the relagging of foreign-owned ishing vessels operating in New Zealand waters to address labour, safety and isheries practice concerns. Once the vessels are lagged to New Zealand, the full range of New Zealand law, including employment relations and workplace health and safety law, will automatically apply and be enforceable. Stop the Trafik Aotearoas Chris Frazer said that Henri Nouwen relections on crossing the road for others that begins this newsletter describes the ideal of STOP THE TRAFFIK globally and is the aim of STOP THE TRAFFIK NZ. Exploitation and the traficking of people for proit, thrives in silence amid communities throughout the world. STOP THE TRAFFIK, whilst globally driven is locally based working and engaging with people from all walks of life to actively challenge and address all forms of labour exploitation and possible incidences of people traficking, Frazer said. Long recognised globally is the urgent need to undertake some quality research into the extent of the crime in each country and to urgently address the conditions in which it continues to grow. The NZ steering group is delighted to have the expertise and enthusiasm of the law students as part of our growing team of committed activists as we determine the realities for Aotearoa and reach agreement as to the best way forward. Here in NZ, STT is working in partnership and cooperation with a whole range of people organisations and government in order to gain a greater understanding of what is actually happening here as opposed to what may be occurring in other countries.

To contact STOP THE TRAFFIK NZ you are welcome to email us at, chris_fazer@nzf.salvationarmy.org

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Migrants may be reluctant to come forward to report exploitative practices by employers. This is particularly the case where the migrant is working when they are not supposed to (in breach of their visa conditions), or is in New Zealand unlawfully (not on a valid visa). The unlawful nature of their employment and its potential impact on their immigration status, and hence their ability to remain in New Zealand, makes them vulnerable to pressure by employers to work in conditions that are below legal minimum standards. Addressing the exploitation of migrants is a priority for agencies within the Ministry of Business, Innovation and Employment, including Immigration New Zealand and the Labour Inspectorate. What is exploitation? Migrant workers have the same employment rights as all other workers in New Zealand. However, some employers do not treat their workers according to New Zealand employment law. Exploitation of migrants at work can take many forms. In the worst cases, employers force workers to work in some jobs such as sex work. In other cases exploitation at work may be serious underpayment of wages, being forced to work long hours for little or no pay, restrictions on freedom of movement, or threats against a migrant or their family. What should I do if I suspect someone is being exploited? As victims of workplace exploitation are often in the country on a temporary visa, or unlawfully, they are unlikely to seek help from authorities. This makes them vulnerable to continued exploitation. Some victims may also have an inherent distrust of authorities (due to possible corruption in their home countries) and may be more likely to approach a non-government organisation or service provider for help. Frontline staff from healthcare providers, for example, or any member of the public may also come across a victim. For these reasons people need to be aware of the warning signs and report any suspicious activity. A person may be a victim of exploitation if they:

live at their place of work (there may be locks on the outside of their doors) have rehearsed statements and stories do not have money or any form of ID (their passport may be being withheld by their employer) work long hours of work and/or have no time off are spoken for and observed by an escort or translator have an unusual fear of their employer and authorities show signs of neglected mental or physical health (possible substance abuse or self-harm).

! If you recognise these indicators or have any concerns, contact the Ministry of Business, Innovation and Employment or your local police. Go to this link for more information , http://www.immigration.govt.nz/migrant/general/generalinformation/ migrantexploitation/infoforadvocates.htm