SRI LANKA: THE FIFTH ANNUAL ANTI-TRAFFICKING IN

UNCLAS SECTION 01 OF 05 COLOMBO 000454 SIPDIS SENSITIVE DEPARTMENT PASS TO USAID DEPARTMENT FOR G/TIP, G, INL, DRL, PRM, IWI, SA/INS E.O. 12958: N/A TAGS: PHUM ELAB ASEC PREF KCRM KWMN SMIG KFRD CE SUBJECT: SRI LANKA: THE FIFTH ANNUAL ANTI-TRAFFICKING IN PERSONS (TIP) REPORT REF: SECSTATE 273089 (U) This message is sensitive but unclassified -- please handle accordingly. ¶1. (U) Mission's submission for the fifth annual Anti- Trafficking in Persons (TIP) Report for Sri Lanka follows. Responses are keyed to questions in Reftel. Mission point of contact is poloff Andrea Tomaszewicz, telephone +94.11.2.448.007 x2425, fax +94.11.2.471.092. Paragraph 18: Sri Lanka Overview -------------- ¶2. (SBU) A -- Sri Lanka is not a country of transit for internationally trafficked men, women or children but some indications show that it is a source and destination country for a small number of internationally trafficked women. Women and children of Sri Lanka are trafficked internally for domestic and sexual exploitation. The trafficking appears to be taking place in government controlled areas as well as in areas not controlled by the government of Sri Lanka. The Liberation Tigers of Tamil Eelam (LTTE) forcibly conscripted children for purposes of forced labor and military activities. There are no reliable statistics available on the magnitude of this issue but at least one hundred children were recruited soon after the December 2004 tsunami. The sources of information on trafficking in SIPDIS persons can be obtained from the National Child Protection Authority (NCPA),the newly established Child Protection Unit of the Attorney General's Department, Sri Lanka Police, local and international NGOs and the press. The NCPA provides statistics related to cases involving children only although the data provided by them are fairly reliable. B -- The reports indicate that women from Thailand, China, Russia and countries of the Newly Independent States are trafficked into Sri Lanka for commercial sexual exploitation. A fair number of women are trafficked to the Middle East countries and a smaller number to Singapore, Hong Kong and South Korea for hard domestic labor and sexual exploitation. Children are trafficked internally. C -- During the year, the extent of trafficking has not decreased. Officials remain vigilant toward the potential of increased child trafficking in the wake of the December 2004 tsunami. SIPDIS D -- The Child Protection Unit of AG's Dept and the NCPA, supported by the Woman and Child Care unit of the Sri Lanka Police, conduct surveys on trafficking issues but currently no reliable surveys on trafficking in Sri Lanka are available. E -- Women from other countries are trafficked into Sri Lanka for the purpose of prostitution. During the year, the reports indicate one Russian woman who was trafficked into the country by a Sri Lanka national was subject to threats and the withholding of her documents. Officials have little additional information on the circumstances surrounding trafficking victims' travel to and stay in Sri Lanka. F -- Sri Lanka Bureau of Foreign Employment and private recruitment agencies hire significant numbers of women, close to one million, for domestic labor in Middle East countries. In limited instances, a small number of women are hired under false pretences and forced for other purposes than domestic work. They often travel legally to their employment destination. G -- The policies of the new government elected in April 2004 have indicated that there is political will throughout the government, including at the highest levels, to combat trafficking in persons. The government provided additional human resources to the Anti-Human Smuggling Investigation Bureau that was established under the previous government in ¶2003. The Ministry of Foreign Affairs continued to assign Welfare Officers to Sri Lanka Missions abroad to aid and assist women who are victims of trafficking. H -- With the change of government in April 2004, and the subsequent changes in administration personnel, there is no evidence of any government official involved in human trafficking. However, reports indicate that certain airline officials and NGO representatives have been allegedly involved in trafficking in persons. I -- The government's greatest limitation in addressing trafficking is lack of financial resources available and inadequate funding for police and other institutions. The resource situation may worsen due to the economic losses faced by the government in the aftermath of the tsunami tragedy. Lack of detailed survey information on the trafficking situation also hampers the government's ability to appropriately allocate scarce resources. J -- While Sri Lanka Police routinely monitors anti- trafficking efforts, the government generally does not issue any assessment of these efforts. The NCPA will often issue press releases about the success of some of its legal and law enforcement operations. K -- In Sri Lanka, prostitution is not legalized and the activities of prostitutes are criminalized. The activities of related parties, such as brothel owners, pimps, clients and enforcers are also criminalized. Paragraph 19: Prevention -------------- ¶3. (SBU) A -- The government in Sri Lanka acknowledges that trafficking is a problem in the country. B -- The government agencies involved in anti-trafficking efforts are: the Department of Immigration and Emigration, the Ministry of Foreign Affairs, the Ministry of Employment and Labor, Sri Lanka Police, Sri Lanka Customs, National Child Protection Authority. C -- The Child Protection Unit of the Attorney General's Dept. is engaged in conducting awareness programs among law enforcement authorities, schools and other civil society organizations. They have extended their services to UNICEF and have provided their resources to train senior police officers to handle investigations with greater effectiveness. The NCPA, as part of its overall efforts to address child welfare, includes child trafficking as part of its educational campaigns. The International Organization for Migration (IOM) conducts information campaign and workshops, and employs a threefold strategy to combat trafficking in persons: prevention, protection and assistance to victims and capacity building. D -- The government of Sri Lanka does not actively support corollary programs to combat trafficking, as officials do not consider trafficking a major problem. E -- The government, with the limited resources available, does support prevention programs. F -- The officials of international NGOs, indigenous community-based organizations working to combat trafficking, and officials of government agencies involved in anti- trafficking efforts maintain a positive working relationship. G -- The Sri Lankan government makes every effort to adequately monitor its borders but the government is prevented from monitoring activities in areas controlled by the LTTE in the north and east. Emigration and Immigration officials use a computerized monitoring system at the airport to monitor travel patterns and prevent traffickers from leaving the country, if they are the suspects in a current investigation. The law enforcement agencies responsible for anti-trafficking issues respond appropriately. H -- The government has an anti-trafficking working group to coordinate and communicate among responsible government agencies, but there is no task force formed to monitor trafficking issues. The government has a Commission to Investigate Allegations of Bribery or Corruption. I -- The Sri Lanka government is not part of any multinational or international working group but is working within the South Asia Association for Regional Cooperation (SAARC) to develop a regional anti-trafficking convention. J -- The government of Sri Lanka does not have a national plan of action to address trafficking in persons. K -- Within the government, no one person or entity has been given the responsibility for developing any anti-trafficking programs. With respect to children, the NCPA and the newly formed Child Protection Unit of the AG's dept. are using their limited resources to develop an action plan to address child trafficking. Paragraph 20: Investigations and Prosecution -------------- ¶4. (SBU) A -- Section 360C of the Penal Code, amended by Act No. 22 of 1995, criminalizes trafficking in persons, defined as the buying or selling or bartering of a person for money or other consideration; and also doing certain acts for the purpose of promoting, facilitating or inducing the buying or selling or bartering or the placement in adoption of any person for money or any other consideration. Under Section 360A of the Penal Code, internal and transnational forms of prostitution are also criminalized. Additionally, Section 45A(1) of the Immigrants and Emigrants Act addresses human smuggling offenses. B -- Trafficking for sexual exploitation is punishable by imprisonment between 2 and 20 years, with fines ranging from approximately USD 100 to 500. Trafficking for labor exploitation is punishable by 6 months to 5 years imprisonment and fines approximately USD 500 to 2,000. C -- For sexual assault, imprisonment ranges between 7 and 20 years, plus potential monetary compensation to the victim. These penalties are similar to those for trafficking. D -- The government has investigated and arrested people for cases involving trafficking during the past year. (Note: The government has prosecuted and convicted significant numbers of people involved in migrant smuggling, pedophilia and prostitution, who may have been involved in trafficking in persons, during the past year.) E -- Information reveals that individuals and small groups are behind trafficking efforts, but no reliable information on the issue exists. In cases of illegal migration, evidence suggests that travel agencies may be involved with traffickers. There are no reports of profits of trafficking being channeled for other purposes other than personal gain. F -- Notwithstanding its limited resources, the government actively investigates cases of trafficking and, by implementing a computerized immigration system that enables agencies to input names of suspected traffickers, the government takes initiative to track down suspected trafficking agents. The CyberWatch Project that monitors internet sites and chat rooms, instituted by the NCPA, has helped to arrest individuals on suspicion of trafficking. G -- The government does not provide any specialized training in trafficking issues. Individually, police bureaus, such as the Anti-Human Smuggling Unit of the Criminal Investigation Department and the Women's and the Children's Bureau, along with the NCPA, conduct specialized training for their staff. During September 2004, a U.S. Government sponsored conference was held in Colombo on trafficking in persons for criminal justice personnel in Sri Lanka. H -- The government of Sri Lanka cooperates with other governments in the investigation and/or prosecution of trafficking cases. On many occasions, the government has worked very closely with the Italian and Pakistani governments to combat human smuggling operations. In cooperation with the American and the Australian governments, the NCPA has prosecuted a U.S. national and an Australian national alleged to be pedophiles. I -- The government has not extradited anyone charged with trafficking to other countries, as the situation has not occurred. The government would likely extradite anyone charged with such offenses, if requested by other governments. The government has extradition agreements with Commonwealth countries. J -- There is no credible evidence of government involvement in or tolerance, of trafficking in persons. Unsubstantiated reports allude to immigration officers in involvement of such cases. K -- There has been insufficient evidence to arrest or otherwise prosecute government officials suspected of being involved in trafficking in persons. L -- The government has arrested two foreign nationals, an American and an Australian, on charges of pedophilia. They are in prison in Sri Lanka awaiting trial. M -- The GSL ratified ILO Convention 182 in February 2000. -- The GSL ratified ILO Convention 29 in 1950. -- The GSL ratified ILO Convention 105 in January 2003. -- The GSL has signed the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. -- The GSL has signed the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and children, supplementing the UN Convention against Transnational Organized Crime. Paragraph 21: Protection and Assistance to Victims -------------- -------------- ¶5. (SBU) A -- The government does not have enough resources, capacity and ability to assist victims of trafficking. There are rehabilitation camps and community centers which offer some medical and counseling services for victims of internal trafficking. B -- The government does not provide funding or any other forms of support to foreign or domestic NGOs for services to victims. To child victims registered with the NGOs, the government provides a three USD/per month food supplement. C -- Children who are victims are transferred to institutions such as the Salvation Army under the care of the Ministry of Social Services' Department of Probation and Child Care unit. D - Women arrested on suspicion of being trafficked into Sri Lanka for the purpose of prostitution are sometimes released upon paying a fine. There are no reports of harassment of victims. In a recent case of a large number of Chinese women arrested for alleged prostitution, police officials plan on deporting the women due to the type of visas they held. In general, however, trafficked victims are allowed to stay in Sri Lanka following their release. E -- The government encourages victims to assist in the investigation and prosecution of trafficking by providing information to arrest the traffickers. The victims can file Fundamental Rights cases and seek financial restitution. There are no restrictions on obtaining other employment or leaving the country if a victim is a witness in a case against a former employer. F -- In connection with some Sri Lankan diplomatic missions, especially in Middle Eastern countries, the Sri Lankan government operates shelters for Sri Lankans who are victims of sexual or labor exploitation. G -- The government does not provide any specialized training as such for its officials in trafficking issues. Individually, police bureaus, such as the Anti-Human Smuggling Unit of the Criminal Investigation Department and the Women's and the Children's Bureau, along with the NCPA, conduct specialized training for their staff. During September 2004, a U.S. Government sponsored conference was held in Colombo on trafficking in persons for criminal justice personnel in Sri Lanka. H -- For Sri Lankans who are victims of trafficking, either through sexual or labor exploitation, the GSL will provide some compensation to the victims who registered with the Sri Lankan Foreign Employment Bureau prior to departing. I -- Save the Children Foundation, ESCAPE, Don Bosco, Salvation Army, ILO, IOM, American Solidarity Center and a number of community-based organizations work with trafficking victims. The government works closely with these organizations to develop a relationship with local authorities, but it is the NGO that makes the initial effort. I -- (continued) While the government maintains its commitment to address trafficking in persons issues, the GSL devotes much more of its resources to two related issues: human smuggling and domestic violence. In comparison to these two pressing social problems, the government believes that trafficking in persons is less severe. Additionally, of the large numbers of women who obtain foreign employment, anecdotal evidence points to only a small percentage of these women being subjected to abuse. LUNSTEAD