Petition 2011/60 of Elizabeth Subritzky on behalf of Freedom from Sexual Exploitation

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1 Petition 2011/60 of Elizabeth Subritzky on behalf of Freedom from Sexual Exploitation Report of the Justice and Electoral Committee Contents Recommendation 2 Introduction 2 Issues raised in submissions 2 Comment 5 Appendix 6

2 Petition 2011/60 of Elizabeth Subritzky on behalf of Freedom from Sexual Exploitation Recommendation The Justice and Electoral Committee has considered Petition 2011/60 of Elizabeth Subritzky on behalf of Freedom from Sexual Exploitation, and recommends that the House take note of its report. Introduction The Justice and Electoral Committee of the 50th Parliament considered Petition 2011/60 of Elizabeth Subritzky on behalf of Freedom from Sexual Exploitation, requesting That the House of Representatives legislate for a national plan of action to combat street prostitution, including a law which makes the purchase of sexual services illegal. The previous committee received a submission from the petitioner in support of the petition, and a response from the Ministry of Justice to the petition and the matters raised by the petitioner in her submission. Issues raised in submissions The petitioner says in her submission that street prostitution has not declined since the enactment of the Prostitution Reform Act She associates a number of issues with street-based sex work, including public nuisance, drug and alcohol abuse, violence, underage prostitution, human trafficking, and health and safety issues. The Prostitution Reform Act 2003 The Prostitution Reform Act 2003 decriminalises prostitution while not endorsing or morally sanctioning it or its use. The Act, administered by the Ministry of Justice, creates a framework that safeguards the human rights of sex workers and protects them from exploitation promotes the welfare, occupational health and safety of sex workers is conducive to public health prohibits people under 18 years of age from working in prostitution. The Act provides protections for all sex workers, whether they work indoors or on the streets, by making prostitution subject to the same laws and controls that regulate other businesses. No person in New Zealand on a visa may provide commercial sexual services, or act as an operator of or invest in a New Zealand prostitution business. Prostitution Law Review Committee Freedom from Sexual Exploitation expresses concern that there was bias in the 2008 report of the Prostitution Law Review Committee (PLRC). The committee was established under Part 4 of the Prostitution Reform Act to review the operation of the Act three to five years 2

3 after its commencement on 28 June The committee consisted of eleven members appointed by the Minister of Justice, following nominations by the Ministers of Justice, Women s Affairs, Health, Police, Commerce, and Local Government, and the New Zealand Prostitutes Collective. In its 2008 report the PLRC stated that it kept in mind the first part of the Act s purpose which states that the Act is not intended to endorse or morally sanction prostitution or its use. The PLRC recommended that legislative approaches aiming to criminalise street-based sex workers be avoided street-based sex workers be supported to work safely and with consideration for local communities street-based sex workers be encouraged to find alternatives to street-based sex work, and non-government organisations be adequately funded to facilitate their doing so local government adopt practical solutions to manage areas used by street-based sex workers and their clients. Scale and impact of street-based prostitution There are differing opinions about the scale of street-based prostitution; in its 2008 report the PLRC said that a perceived increase in numbers may be due to an increase in visibility in some areas such as South Auckland, but this may not necessarily represent greater numbers overall. In 2010 the New Zealand Prostitutes Collective said the number of sex workers is relatively stable, decreasing in some parts of the country such as Wellington. The petitioner raised the issue of the impact of street-based sex workers on the communities they work in. The Ministry of Justice has informed us that at present a small number of communities, including Manukau, Papatoetoe, and Christchurch, have raised concerns about vehicle noise, disorderly behaviour, and the disposal of rubbish. We are aware that a number of offences under the Summary Offences Act 1981 and the Litter Act 1979 could be used to address concerns associated with street-based prostitution. In 2009, at Manukau City Council s invitation, the Ministry of Justice undertook a review of the issues associated with street-based prostitution in Manukau, recommending a comprehensive local approach to improve community safety and minimise harm. The review suggested that banning and moving on street-based sex workers might drive activity further underground, impairing the health and safety of workers. The Local Government and Environment Committee is currently considering the Manukau City Council (Regulation of Prostitution in Specified Places) Bill, which provides for local bylaw control of where street-based prostitution is permitted. Welfare of street-based sex workers In her submission, the petitioner expresses concern that street-based sex workers are particularly vulnerable to violence, rape, drug and alcohol abuse, poverty, and social marginalisation. In its 2008 report the PLRC concluded that on the whole the vast majority of those involved in the sex industry are better off than they were before the Prostitution Reform Act, and the relationship between sex workers and the police has improved. However, the committee acknowledged the particular vulnerability of street-based workers, recommending they be encouraged to move to indoor workplaces, and supported to work as safely as possible while causing minimal disruption to local residents. 3

4 Purchase of sexual services The petitioner asks that the purchase of sexual services be made illegal. We understand that this would target the clients of sex workers, rather than the sex workers themselves. Making the purchase of commercial sex services illegal, but not the selling of them, is commonly known as the Swedish model. The purpose of the Prostitution Reform Act is to give sex workers the same protections as other workers, recognising that sex workers are not necessarily victims. The 2008 PLRC report noted that Swedish sex workers have criticised the Swedish model, saying the need to protect their clients from the risk of prosecution disadvantages them and exposes them to risk. The committee considered that all forms of criminalisation increase workers vulnerability, producing negative health and safety outcomes. Human trafficking In her submission the petitioner says that prosecuting those who manage sex workers (pimps) would enable authorities to control trafficking, as no one would legally be able to operate a prostitution business. Provisions in the Crimes Act 1962 and the Immigration Act 2009 make human trafficking an offence in this country. New Zealand law also incorporates measures to punish a range of conduct associated with trafficking, including rape, engaging under-age prostitutes, coercing prostitutes, and exploitation of labourers. The 2009 Plan of Action to Prevent People Trafficking provides a comprehensive response to human trafficking, meeting New Zealand s international obligations to prevent and combat people trafficking under the United Nations Convention against Transnational Organised Crime. In June 2013 the Government announced that the trafficking offence would be amended to remove the cross-border requirement, ensuring domestic and transnational human trafficking can be prosecuted and punished. Health and safety The petitioner is concerned that health and safety requirements in the Prostitution Reform Act have not been adhered to, and that site inspections have been carried out infrequently. Under the Act, operators of prostitution businesses, sex workers, and clients must adopt and promote safe sex practices. Medical Officers of Health are empowered to conduct inspections to check compliance with health and safety regulations. In terms of occupational health and safety, sex workers are covered by the Health and Safety in Employment Act 1992, administered by the Ministry of Business, Innovation and Employment. Under-age prostitution The petitioner, on behalf of Freedom from Sexual Exploitation, is particularly concerned about the number of under-age street-based sex workers, saying there are links between child sexual abuse and entry into sex work, and exposure of young people to violence, alcohol and drug abuse. One of the primary purposes of the Prostitution Reform Act was to prohibit people under 18 years from working in prostitution, and the Act establishes a numbers of offences concerning under-age prostitution that are liable to imprisonment for up to seven years. Reports from the Prostitutes Collective have indicated that there are very few under-age workers in Christchurch and Wellington, and few in Auckland. The collective considers 4

5 that the existence of the Act has made brothel operators more aware of the law on underage workers. The PLRC concluded that there has been no increase in the number of under-age prostitutes since the Act came into force. However, young people involved in the sex industry are subject to physical, psychological, and emotional harm, and a collaborative approach needs to be taken by agencies and non-government organisations to help them. Comment We appreciate the petitioner s concerns about street prostitution. However, we are aware that the eradication of street-based prostitution has not proved to be achievable in any jurisdiction, and simply banning it may have negative consequences for the health and safety of sex workers. We support the Prostitution Law Review Committee s conclusion that local approaches are likely to be most effective in dealing with street prostitution. In this regard we will be interested in the outcome of the Manukau City Council (Regulation of Prostitution in Specified Places) Bill. 5

6 Appendix Committee procedure The petition was referred to the Justice and Electoral Committee of the 50th Parliament on 16 May The previous committee received and considered written and oral submissions from the petitioner and the Ministry of Justice. Committee members Jacqui Dean (Chairperson) Chris Bishop Marama Fox Andrew Little Stuart Nash Jono Naylor Alfred Ngaro Denis O Rourke Mike Sabin James Shaw 6