Identifier
Created
Classification
Origin
06COLOMBO331
2006-03-01 11:00:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Colombo
Cable title:  

SRI LANKA: THE SIXTH ANNUAL ANTI-TRAFFICKING IN

Tags:  PHUM ELAB ASEC PREF KCRM KWMN SMIG KFRD CE 
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VZCZCXYZ0022
PP RUEHWEB

DE RUEHLM #0331/01 0601100
ZNR UUUUU ZZH
P 011100Z MAR 06
FM AMEMBASSY COLOMBO
TO RUEHC/SECSTATE WASHDC PRIORITY 2742
INFO RUEHBJ/AMEMBASSY BEIJING 1188
RUEHUL/AMEMBASSY SEOUL 0777
RUEHGP/AMEMBASSY SINGAPORE 5623
RUEHBK/AMEMBASSY BANGKOK 2903
RUEHMO/AMEMBASSY MOSCOW 0083
RUEHRH/AMEMBASSY RIYADH 0241
RUEHKU/AMEMBASSY KUWAIT 0431
RUEHAD/AMEMBASSY ABU DHABI 0413
RUEHDO/AMEMBASSY DOHA 0199
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RUEHNT/AMEMBASSY TASHKENT 0025
RUEHHK/AMCONSUL HONG KONG 0367
RUEAWJL/DEPT OF JUSTICE WASHDC
RHEFHLC/HOMELAND SECURITY CENTER WASHINGTON DC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
UNCLAS COLOMBO 000331 

SIPDIS

SENSITIVE, SIPDIS

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 SIXTH ANNUAL ANTI-TRAFFICKING IN
PERSONS (TIP) REPORT

REF: STATE 3836

(U) This message is sensitive but unclassified -- please
handle accordingly.

UNCLAS COLOMBO 000331

SIPDIS

SENSITIVE, SIPDIS

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 SIXTH ANNUAL ANTI-TRAFFICKING IN
PERSONS (TIP) REPORT

REF: STATE 3836

(U) This message is sensitive but unclassified -- please
handle accordingly.


1. (U) Mission's submission for the sixth annual Anti-
Trafficking in Persons (TIP) Report for Sri Lanka follows.
Responses are keyed to questions in Reftel. Mission point
of contact is poloff Anamika Chakravorty, telephone
+94.11.2.448.007 x2425, fax +94.11.2.471.092.

Paragraph 21: Sri Lanka Overview
--------------


2. (SBU) A -- Sri Lanka is a country of transit, a source
country, and a destination country for a small number of
internationally trafficked men, women and children. Women
and children of Sri Lanka are trafficked internally for
domestic and sexual exploitation. The trafficking takes
place in government controlled areas as well as in areas
controlled by the Liberation Tigers of Tamil Eelam (LTTE),a
designated Foreign Terrorist Organization under U.S. law.
The LTTE conscripted children, both through recruitment and
abductions, for purposes of forced labor and military
activities. 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 Sri Lankan 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. There are no reliable statistics available on
the magnitude of this issue. The sources of information on
trafficking in persons can be obtained from the National
Child Protection Authority (NCPA),the Child Protection Unit
of the Attorney General's Department, Sri Lankan Police,
local and international NGOs, and the press. The NCPA
provides fairly reliable statistics on cases involving
children.

B -- There is political will throughout the government,
including at the highest levels, to combat trafficking in
persons. The government provided human resources to the Anti-

Human Smuggling Investigation Bureau that was established 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. However,
during the year, trafficking has not decreased.
Nevertheless, officials remained vigilant toward the
potential of increased child trafficking in the wake of the
December 2004 tsunami. NGOs such as the International Labor
Organization (ILO) held awareness raising campaigns targeted
at tsunami refugees and other vulnerable populations. These
campaigns were largely effective, and there was no
significant increase in reports of trafficking following the
tsunami.

SIPDIS

B cont'd -- Victims subjected to trafficking came from poor,
rural communities, with minimal educational opportunities.
Some women who came to cities seeking garment industry work
were trafficked into commercial sex work, and some women
seeking employment as domestics overseas were taken under
false premises and forced into slave labor conditions or
commercial sex work. Although the Bureau of Foreign
Employment has a mandate to vet recruitment agents, sub-
agents are not vetted. Reports indicated some sub-agents
acted unscrupulously, recruiting women from villages under
false pretenses. The women, often illiterate, were unaware
of the parameters of the contracts they signed, and many
times their travel documents were confiscated when they
arrived at their place of employ. However, of the estimated

1 million Sri Lankan women who obtain foreign employment,
statistics indicate only 5 to 10 percent encounter problems,
including issues unrelated to trafficking per se.


C -- The government lacked resources to provide proper
training to law enforcement officials or adequate
compensation for trafficking victims. Law enforcement
officials addressed the end results of trafficking such as
commercial sex work or child labor. However, trafficking
itself was rarely investigated, perhaps due to police
unawareness of the degree of the problem, exacerbated by
limited resources.


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. Also, the government does not separate
statistics on human smuggling, abductions, and trafficking,
making it difficult for NGOs to gain access to accurate
data.


Paragraph 22: Prevention
--------------


3. (SBU) A -- The government in Sri Lanka acknowledges that
trafficking is a problem in the country. However, NGO
representatives noted that the government does not usually
use existing anti-trafficking legislation to prosecute
cases. Rather, perpetrators are brought up on charges of
abduction or procurement. 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, which it
considers more severe.

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 Lankan Police, Sri Lankan Customs, National
Child Protection Authority.

C -- The Child Protection Unit of the Attorney General's
Department 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 campaigns and
workshops, and employs a threefold strategy to combat
trafficking in persons: prevention, protection and
assistance to victims and capacity building. Following the
December 2004 tsunami, the ILO sponsored training sessions
on preventing trafficking and funded dance-drama troupes to
perform anti-trafficking musicals at tsunami relief camps.

D -- The government of Sri Lanka does not actively support
corollary programs to combat trafficking.

E -- The government, with the limited resources available,
does support prevention programs, usually in partnership
with NGOs.

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 unable
to monitor 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. However, NGO representatives asserted
that the anti-trafficking group works primarily on human
smuggling and illegal immigration rather than trafficking.
The government has a Commission to Investigate Allegations
of Bribery or Corruption.

I -- The Sri Lankan 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.


Paragraph 23: 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. The IOM provided
the Attorney General's office with legal consultation, and
in January, the office introduced legislation to further
bolster Sri Lanka's penal code in accordance with UN
guidelines on trafficking.

B -- Trafficking for sexual exploitation is punishable by
imprisonment between 2 and 20 years, with fines ranging from
approximately USD 100 to 500. The amendment to the penal
code covering trafficking, written in collaboration with IOM
and introduced in January, calls for labor exploitation to
be punishable by 2 to 10 years' imprisonment.

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 -- 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.

E -- 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.)

F -- 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 some travel agencies may be involved with
traffickers. There are no reports of profits of trafficking
being channeled for other purposes other than personal gain.

G -- 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.

H -- The government does not provide any centralized
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.

I -- 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.

J -- The government has not extradited anyone charged with
trafficking to other countries, as the situation has not
occurred. The government would likely extradite any
foreigner charged with such offenses, if requested by other
governments. The government has extradition agreements with
Commonwealth countries.

K -- 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.

L -- There has been insufficient evidence to arrest or
otherwise prosecute government officials suspected of being
involved in trafficking in persons.

M - In 2004, the government arrested two foreign nationals,
an American and an Australian, on charges of pedophilia. In
2005, a British citizen was charged with pedophilia. All
three are in prison in Sri Lanka awaiting trial.

N -- The GSL ratified the SAARC Convention on Preventing and
Combating Trafficking in Women and Children for Prostitution
in December 2004
-- The GSL ratified ILO Convention 105 in January 2003.
-- The GSL ratified ILO Convention 182 in February 2000.
-- The GSL ratified ILO Convention 29 in 1950.
-- 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 24: 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. In addition, some NGOs run
shelters and rehabilitation facilities.

B -- The government does not provide funding or material
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 escort of
the Ministry of Social Services' Department of Probation and
Child Care Services.

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. During this reporting period, the IOM helped
repatriate an Uzbek woman who had been trafficked into
commercial sex work in Sri Lanka. The Sri Lankan government
was cooperative in assisting the IOM on that case.

E -- The government encourages victims to assist in the
investigation and prosecution of trafficking by providing
information to arrest the traffickers. Sri Lankan 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. The Bureau of Foreign
Employment appoints labor attaches to Sri Lankan diplomatic
missions abroad to address the concerns of migrant Sri
Lankan workers, but limited resources sometimes lead to
heavy caseloads and minimal assistance being provided.

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.

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, Women
in Media Collective, Caritas, 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.

ENTWISTLE