• US State Dept. report upgrades SL while pointing out authorities’ shortcomings 

BY Sumudu Chamara In the face of the economic crisis, triggered mainly by the lack of foreign reserves, scores of Sri Lankans seek to leave the country while the Government too is encouraging people to seek foreign employment opportunities.  The Morning this week reported that about 2,000 people, most of whom are youth between 20 and 30 years, visit the Immigration and Emigration Department daily to obtain passports. What is more concerning than these numbers is the fact that illegal migration is also on the rise. During the past few months, the Police as well as the defence forces, especially the Navy, apprehended a large number of people on several occasions for attempting to leave the country via the sea route illegally.  In addition, media reports claim that illegal practices by foreign employment agencies – such as sending people who have not met the proper qualifications, abroad, which places their lives at risk – are also on the rise.  In such a context, the US State Department upgraded Sri Lanka to Tier Two in its “Trafficking in Persons (TIP)” report for 2022, which was released this week. According to the Defence Ministry – which serves as the Chair of the National Anti-Human Trafficking Task Force (NAHTTF) of Sri Lanka – Sri Lanka had remained in the Tier Two watch list for the last three years, which raised concerns about being downgraded to Tier Three and being subjected to certain restrictions on US assistance as well as assistance from multilateral development banks. In addition, the ministry’s statement also noted that the NAHTTF is fully committed towards attaining the recommendations provided by the report. Sri Lanka’s situation  The report noted that the Sri Lankan Government does not fully meet the minimum standards for the elimination of trafficking, even though it is making significant efforts to do so. It added that the Government demonstrated overall increasing efforts compared with the previous reporting period, considering the impact of the Covid-19 pandemic on its anti-trafficking capacity, and that therefore, the country was upgraded to Tier Two.  It explained the Government’s notable efforts: “These efforts included slightly increasing investigations, including of several Sri Lankan officials allegedly involved in child trafficking, and establishing a specialised unit to strengthen trafficking investigations. The Government identified more victims, including among migrant workers exploited abroad.  “The Government also increased co-ordination among agencies for the further implementation of the 2021-2025 national action plan (NAP), and expanded its trafficking hotline services to include online support for referrals. In addition, the Government secured a new shelter location to accommodate victims of crime, including trafficking victims.” Adding that the Government, however, did not meet the minimum standards in several key areas, the report said that the Government prosecuted fewer trafficking cases, and that sentences for convicted traffickers remained inadequate. “Law enforcement efforts against labour trafficking were disproportionately low compared with the number of identified labour trafficking victims. The capacity of local officials to identify trafficking victims remained low, especially among females in commercial sex. The Government did not effectively address vulnerabilities to trafficking faced by migrant workers, including high worker-paid recruitment fees, largely unregulated sub-agents, and policies and procedures that undermined safe and legal migration,” it further read.  The report explained that Sri Lanka’s human traffickers exploit domestic and foreign victims in Sri Lanka, and that traffickers exploit victims from Sri Lanka abroad. The majority of Sri Lankan trafficking cases, it was claimed in the report, involve traffickers forcing Sri Lankan migrant workers into labour overseas. “Traffickers exploit Sri Lankan men, women, and children in forced labour in the Middle East, Asia, Europe, and the US in the construction, garment, and domestic service sectors. Approximately 1.5 million Sri Lankans work in the Middle East, predominately in construction and domestic work, as well as in professional services. The majority of Sri Lankan female migrant workers seek employment in Saudi Arabia, Kuwait, Qatar, Japan, and South Korea, and the authorities have identified labour trafficking victims among these workers. Over the past five years, thousands of Sri Lankan female migrant workers – especially from Nuwara Eliya, Ampara, and Batticaloa – reported employers exploiting them in forced labour in domestic work in the Gulf.  “Before leaving Sri Lanka, many migrant workers accumulate debt to pay high recruitment fees imposed by unscrupulous labour recruitment agencies – most of them members of Sri Lanka’s Association of Licensed Foreign Employment Agencies – and their unlicensed sub-agents. For labour trafficking in domestic work, some traffickers target Sri Lankan females with existing debts and use promises of a large advance to defraud them into accepting positions.  “Some Sri Lankan migrant workers in the Gulf report employers retaining their identity documents, including passports and work permits, which restricts the freedom of movement and is a common means of coercion for labour and sex trafficking. Some recruitment agencies commit fraud by changing the agreed-upon job, employer, conditions, or salary after the worker’s arrival. Some recruitment agencies lure workers with promises of work abroad but send them with fraudulent or incorrect documents – including tourist visas instead of work visas –so the victims are subject to penalisation, including jail time and deportation, if they seek assistance abroad.” Citing reports by international organisations and media institutions, the US State Department said that in Sri Lanka, sub-agents have colluded with officials to procure fake or falsified travel documents in order to facilitate the travel of Sri Lankans abroad, and that at least six Government licensed recruitment agencies in Sri Lanka have admitted that, if prospective Middle Eastern employers request, they force female migrant workers to take contraceptives before departure so as to provide a “three-month guarantee” that maids will not become pregnant after arrival.  It noted: “Per the same 2018 (media) reporting, sources alleged that this was also used to cover up sexual exploitation by recruitment agents and employers, including sex trafficking. Traffickers have forced Sri Lankan females into commercial sex in South and South East Asian countries, among other countries. During the reporting period, traffickers increased their use of social media to fraudulently recruit victims due to Covid-19 pandemic related restrictions in mobility.” It further explained how the Covid-19 pandemic has affected the status quo of human trafficking of Sri Lankans: “Due to the pandemic, observers report increasingly unethical labour recruitment practices within the local labour market, especially targeting females, as illegal sub-agent recruiters shift their focus from overseas jobs. The socio-economic impact of the pandemic and related restrictions have contributed to an increase in cyber sex crimes and increased the risk of low-income individuals and other vulnerable groups to sex trafficking.  “One local non-Governmental organisation (NGO) estimated that cyber sex crimes, including sex trafficking, against females and children have increased by as much as 300% since the onset of the pandemic. Additionally, observers stated they believe that more young females were engaged in commercial sex due to pandemic related economic hardships. Traffickers reportedly exploit boys and girls in sex trafficking, including in coastal areas for child sex tourism, and in hotels, on beaches, and during annual festivals, though tourism volumes fell substantially due to the pandemic.”  Prosecution of traffickers and protection for victims With regard to prosecutions pertaining to human trafficking in the country, the report noted that the Government maintained anti-trafficking law enforcement efforts.  Section 360C of the Penal Code criminalises sex trafficking and labour trafficking and prescribes penalties of two to 20 years’ of imprisonment and a fine, which the report said are sufficiently stringent and, with respect to sex trafficking, commensurate with those prescribed for other serious offenses, such as rape. The Government also used other sections of the Penal Code to investigate and prosecute sex trafficking crimes, according to the report, which further said that Section 360B of the Penal Code criminalises offenses relating to the sexual exploitation of children and prescribed penalties of five to 20 years’ of imprisonment and a fine. It was noted that additionally, Section 360A of the Penal Code criminalises offences relating to procurement and prescribed penalties of two to 10 years’ of imprisonment and fines, significantly lower than those available under the trafficking provision. It described legal action related efforts during the reporting period: “The Criminal Investigation Department’s (CID) anti-trafficking unit and the Police initiated 16 trafficking investigations (13 sex trafficking, two forced labour, and one unspecified case), compared with 14 investigations (six sex trafficking and eight forced labour cases) during the previous reporting period. The Government initiated 16 prosecutions, including 13 for sex trafficking (five under procurement – 360A; five under the sexual exploitation of children statute – 360B; and three under the trafficking statute – 360C) and three for labour trafficking (all under Section 360C), compared with 27 prosecutions (16 under the procurement statute) during the previous reporting period.  “The courts also issued three indictments against four accused traffickers under Section 360C. The Attorney General’s Department reported 96 trafficking cases from previous reporting periods, including 95 sex trafficking cases (four under trafficking, 79 under procurement, and 12 under sexual exploitation of children statutes) and one labour trafficking case remained pending prosecution.  “The Government convicted three sex traffickers under Section 360A, the procurement statute, compared with the conviction of three traffickers for procurement and acquittals in three cases during the previous reporting period. The courts sentenced the three traffickers to pay a fine or face three months’ of imprisonment compared to sentencing two traffickers to two years’ of imprisonment and suspending one trafficker’s sentence during the previous period.” The report stressed that by issuing lenient sentences to convicted traffickers, courts created potential safety problems for trafficking victims and weakened deterrence.  It added: “Due to the pandemic, Government offices and courts closed for an extended period, and some offices were not fully functional due to pandemic-related lockdown and health guidelines, which hindered law enforcement efforts. Despite these limitations, the NAHTTF used online platforms to continue investigations and prosecutions.  “Additionally, the National Child Protection Authority referred 86 cases of possible child sexual exploitation, including potential trafficking, to the Police. The Government established a new Human Trafficking, Smuggling Investigation and Maritime Crimes Investigation Division within the CID to investigate and combat human trafficking crimes and the new division is reportedly more accessible and accommodating for potential victims to report complaints.” With regard to challenges, it was noted that prosecutors’ reliance on victim testimony, difficulty in securing evidence from victims, and the judges’ issuance of suspended sentences contributed to both the Government’s general reliance on procurement charges and the lenient sentences applied under Section 360A. Prosecutors could pursue procurement cases without the co-operation of the victim, the report said, adding however that lengthy trials – a problem endemic throughout the criminal justice system – and stigma faced by the victims deterred many from participating in the trials. “The civil society noted that, at the local level, a lack of capacity and sensitisation among the Police, Immigration and Emigration officials, and judges remained an impediment to the proper screening of trafficking victims. Additionally, the lack of awareness and misunderstanding led to some local authorities penalising sex trafficking victims for unlawful acts committed as a direct result of trafficking, including officials arresting or detaining sex trafficking victims without proper screening.” Speaking of protection for victims, the report said that the Government slightly increased protection efforts. “The Government identified 28 female victims and no male victims, compared with 20 victims identified during the previous reporting period. Of the 28 victims, traffickers exploited 14 in sex trafficking, 13 in labour trafficking, and one for unspecified exploitation. The Government referred 27 victims to Government agencies and an international organisation for services, including shelter, psycho-social care, and educational services, and collaborated with a NGO to support the repatriation of one individual to Uzbekistan.  “The Sri Lanka Bureau of Foreign Employment (SLBFE) referred two Sri Lankan trafficking victims in the United Arab Emirates (UAE) and one victim in Kuwait to the CID for assistance. Civil society organisations reported an increase in Government agencies identifying and referring more trafficking victims for care.” Prioritised recommendations The report put forward a number of recommendations to improve Sri Lanka’s human trafficking related situation. They are, improving efforts to vigourously investigate and prosecute suspected traffickers, including labour traffickers and isolated reports of officials allegedly being complicit in trafficking, and adequately sentencing convicted traffickers; increasing efforts to proactively identify trafficking victims, including among undocumented migrant workers abroad and females in commercial sex; ensuring that victims are not penalised for unlawful acts that traffickers compel them to commit, including through increased training of law enforcement and the Judiciary; providing support to victims who participate in trials against their traffickers, including the cost of lodging and travel expenses during trials; using Section 360C of the Penal Code to prosecute child sex traffickers; improving victim services, including their quality and accessibility; ensuring that shelter and specialized services are available for all identified victims, including men and female victims exploited abroad; increasing the regular monitoring of licensed recruitment agencies and referring allegations of criminal violations to law enforcement; vigourously improving efforts to address child sex tourism, including the proactive identification of victims, engagement with hotels and tourism operators, and the investigation of establishments and intermediaries who allegedly facilitate the crime; eliminating all recruitment fees charged by labour recruiters from workers; expanding the SLBFE’s mandate to include the regulation of sub-agents; promoting safe and legal migration, ensuring that migration regulations do not discriminate based on gender, and increasing awareness among prospective migrants of the steps necessary for safe migration and the resources available abroad; and through the NAHTTF, continuing to institutionalise sustained Government co-ordination efforts.  Even though Sri Lanka has been identified as a country that is making substantial efforts to achieve the minimum standards to eliminate human trafficking, at a time when more and more people are attempting to leave the country seeking educational and occupational opportunities, it is crucial that the authorities augment their efforts at preventing human trafficking. In addition to taking legal action against arrested traffickers and victims, as was recommended in the report, it is also crucial to take preventive measures.