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TRAFFICKING in PERSONS and PEOPLE SMUGGLING in PAPUA NEW GUINEA Baseline Data and Training Needs Assessment Report

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TRAFFICKING in PERSONS and PEOPLE SMUGGLING in PAPUA NEW GUINEA Baseline Data and Training Needs Assessment Report TRAFFICKING IN PERSONS AND PEOPLE SMUGGLING IN PAPUA NEW GUINEA Baseline Data and Training Needs Assessment Report The opinions expressed in the report are those of the author(s) and do not necessarily reflect the views of the Interna$onal Organiza$on for Migraon (IOM). The designaons employed and the presentaon of material throughout the report do not imply the expression of any opinion whatsoever on the part of IOM concerning the legal status of any country, territory, city or area, or of its authories, or concerning its froners or boundaries. ______________ This report was made possible through support provided by the United States Department of State, under the terms of Award No. S‐SGTIP‐10‐GR‐0082. The opinions expressed herein are those of the author(s) and do not necessarily reflect the views of the United States Department of State. ______________ IOM is commi(ed to the principle that humane and orderly migraon benefits migrants and society. As an intergovernmental body, IOM acts with its partners in the interna$onal community to: assist in mee$ng the operaonal challenges of migrants; advance understanding of migraon issues; encourage social and economic development through migraon; and work towards effec$ve respect of the human dignity and well‐being of migrants. IOM Interna$onal Organiza$on for Migraon Mission in Papua New Guinea Level 3, Pacific MMI Building Champion Parade P.O. Box 1876 Port Moresby [email protected] _______________ © 2012 Interna$onal Organizaon for Migra$on (IOM) IOM Papua New Guinea Report (English) Cover Photo: Woman at Vanimo market wearing an IOM‐DJAG “Stop human trafficking in PNG” t‐shirt, in Vanimo, West Sepik Province – Photo taken by Alithia Barampataz, 7 June 2012 © IOM TRAFFICKING IN PERSONS AND PEOPLE SMUGGLING IN PAPUA NEW GUINEA Baseline Data and Training Needs Assessment Report 4 Table of Contents List of Acronyms 5 Key de!nitions 6 Foreword 9 Acknowledgements 10 Executive Summary 11 Research Methodology 14 Key Findings 16 National Capital District 30 Autonomous Region of Bougainville 39 West Sepik Province 48 Western Province 59 Conclusion & Recommendations 70 List of Charts 72 References 75 Appendix A – IOM-DJAG People Smuggling and Human Tra"cking Baseline and Training Needs Assessment Survey 77 5 LIST OF ACRONYMS ABG Autonomous Bougainville Government ARB Autonomous Region of Bougainville DJAG Department of Jusce and Aorney General ILO Interna$onal Labour Organizaon IMR Instute of Medical Research INGO Internaonal Non‐Government Organizaon IOM Internaonal Organizaon for Migraon MOU Memorandum of Understanding NCD Na$onal Capital District NGO Non‐Government Organizaon PNG Papua New Guinea PNGDF Papua New Guinea Defence Force PNGICSA Papua New Guinea Immigraon & Cizenship Service Authority RPNGC Royal Papua New Guinea Constabulary SOP Standard Operaon Procedures UN United Na$ons UNWOMEN United Na$ons Enty for Gender Equality and the Empowerment of Women WSP West SepiK Province 6 KEY DEFINITIONS This sec$on defines key terms used throughout this report. To provide a reference for people smuggling and trafficking in persons in PNG these terms are based upon defini$ons in the Papua New Guinea People Smuggling and Trafficking in Persons dra Bill, unless noted otherwise. “Child trafficking” refers to the aggrava$ng circumstance of trafficking commied in relaon to a person who is under 18 years of age; “Exploita"on” includes, but is not limited to, the exploitaon of the prostuon of others or other forms of sexual exploitaon, forced labour or services, slavery or pracces similar to slavery, servitude, or the removal of organs; “Forced labour” means all work or services which are exacted from any person under the menace of any penalty and for which the person has not offered himself voluntarily; “Fraudulent travel, iden"ty, approval to stay or approval to stay document” means any document that entails a person’s travel, entry, and residence into a country and that‐: a) has been made, or altered in a material way, by a person other than a person or agency lawfully authorized to make or issue the travel or identy document on behalf of a country; or b) has been issued or obtained through misrepresenta$on, corrup$on or duress or in any other unlawful manner; or c) is being improperly used by a person other than the righul holder. “Irregular migrant” refers to a person who, owing to unauthorized entry, breach of a condion of entry, or the expiry of his or her visa, lacks legal status in a transit or host country. The definion covers inter alia those persons who have entered a transit or host country lawfully but have stayed for a longer period than authorized or subsequently taken up unauthorized employment (also called clandes$ne/undocumented migrant or migrant in an irregular situa$on). The term “irregular” is preferable to “illegal” because the la(er carries a criminal connota$on and is seen as denying migrants’ humanity. 1 “People smuggling” means the inten$onal facilitaon of a person’s unlawful entry into any country, including Papua New Guinea, in order to obtain a benefit knowing or being reckless as to the fact that the person’s entry is unlawful; “Posi"on of vulnerability” refers to a situa$on in which a person has no real or acceptable alternave but to submit to the abuse involved which may result from, but is not limited to, the following circumstances:‐ (a) a person entering or residing in Papua New Guinea with fraudulent travel or identy documents or irregular work permit; or (b) a person fleeing a country as a consequence of a war or conflict or under well founded fear of persecuon; or (c) a person being internally displaced, relocated or rese(led as a result of a conflict, situa$ons of generalized violence, natural disasters or other environmental factors; or 1 No. 25 IOM Glossary on Migraon, 2nd Edi$on, 2011, p54. 7 (d) a person being subject to domes$c or gender‐based violence; or (e) a person whose extreme living condions limits or denies access to essenal public services; or (f) any physical or mental disease or disability of a person, including addicon to the use of any substance; or (g) a person who is infected by Human Immunodeficiency Virus (HIV) or has Acquired Immune Deficiency Syndrome (AIDS); or (h) any other socio‐economic or cultural factors that may impair or hinder a person’s capacity to form judgments. “Sexual exploita"on” refers to any actual or a(empted abuse of a posion of vulnerability, power differenal, or trust, for sexual purposes, including, but not limited to, profing monetarily, socially, or polically from the sexual exploita$on of another.2 “Slavery or prac"ces similar to slavery” refers to the status or condion of a person over whom any or all of the powers a(aching to the right of ownership are exercised and includes, but is not limited to, the following:‐ (a) the selling, bartering or buying of a person without that person’s consent for value received or other consideraon; or (b) the selling, bartering or buying of a person under the age of 18 against the best interest of that person, for value received or other consideraon; or (c) the status of debt bondage intended as the condion of a person who has no real or acceptable alterna$ve but to provide labor or personal services or those of a person under his control to repay a debt, if the value of those services or labor as reasonably assessed is not applied towards the liquidaon of the debt or the length and nature of those services or labor are not limited and proporonate to the debt; or (d) the status of domesc servitude intended as the condion of a person who is forced, by physical or psychological coercion, to worK without any real financial reward, deprived of liberty and in a situa$on contrary to human dignity; “Smuggled person” means any person who is the object of an act of people smuggling with due regard to the status of the person under any applicable law; “Trafficking in persons” means the recruitment, transportaon, transfer, concealment, harbor or receipt of any person by: (a) threat; or (b) use of force or other forms of coercion; or (c) abducon; or (d) fraud; or (e) decep$on; or (f) use of drugs or intoxicang liquors; or (g) the abuse of office; or (h) the abuse of a relaonship of trust, authority or dependency; or (i) the abuse of a posi$on of vulnerability; or (j) the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploita$on. 2 No. 25 IOM Glossary on Migraon, p. 90. 8 “Travel or iden"ty document” includes, but is not limited to, passports and entry permits; “Unlawful entry” means an entry into a country which is expressly or impliedly prohibited under any applicable law of that country; “Vic"m of trafficking” means any person who is the vicm of trafficking in persons. 9 FOREWORD As the largest Pacific naon, sharing mulple land and sea borders with neighboring states, Papua New Guinea is at risk to be used as a country of origin, transit and des$na$on for trafficking in persons and people smuggling to take place. This survey is the first of its kind in the area of trafficking in persons and people smuggling in PNG. Without a legisla$on criminalizing trafficking in persons and people smuggling in PNG, data on these crimes in PNG is very limited and to date have been based only on anecdotal accounts and media reports.
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