SRI LANKA: THE EIGHTH ANNUAL ANTI-TRAFFICKING IN PERSONS

UNCLAS SECTION 01 OF 06 COLOMBO 000215 SIPDIS SENSITIVE, SIPDIS DEPARTMENT PASS TO USAID DEPARTMENT FOR G/TIP, G, INL, DRL, PRM, SCA/RA E.O. 12958: N/A TAGS: PHUM ELAB ASEC PREF KCRM KWMN SMIG KFRD CE SUBJECT: SRI LANKA: THE EIGHTH ANNUAL ANTI-TRAFFICKING IN PERSONS (TIP) REPORT REF: STATE 02731 ¶1. (U) Mission's submission for the eighth annual Anti-Trafficking in Persons (TIP) Report for Sri Lanka follows. Responses are keyed to questions in Reftel. Mission point of contact is poloff Amy Trimble, telephone +94-11-249-8822, fax +94-11-249-8820. Paragraph 27: 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 labor 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 has conscripted children, both through recruitment and abductions, for purposes of forced labor and military activities. According to a 2007 UN report, the government has not undertaken adequate efforts to address the anti-LTTE Karuna faction's recruitment of children into its paramilitary in government-controlled areas. The GSL has, however, appointed an inter-ministerial Committee to Inquire into Allegations of Abduction and Recruitment of Children for Use in Armed Conflict, and has investigated 47 cases specifically cited by UN Special Adviser on Children and Armed Conflict Alan Rock. In 37 of those cases, the children have been returned home. The GSL also operates 2 rehabilitation centers specifically for children involved in armed conflict, and plans to open three more. A cont'd -- Reports also indicate that women from Thailand, China, Russia and countries of the Newly Independent States are trafficked into Sri Lanka for commercial sexual exploitation. Some 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 problem. Sources of information on trafficking in persons include 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. B -- According to government and NGO sources, trends in trafficking did not change significantly from the last reporting period. Despite a law passed in April 2006 to criminalize trafficking in persons, there were no reliable statistics on the crime of trafficking disaggregated from human smuggling, illegal immigration, prostitution, procurement, or kidnapping. Victims subjected to trafficking generally came from poor, rural communities, with minimal educational opportunities. Internally Displaced Persons and war widows remained especially vulnerable. 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 sent abroad under false promises and forced into exploitative 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 conditions of the contracts they signed, and often their travel documents were confiscated when they arrived at their place of employment. However, of the estimated 1 million Sri Lankan women who obtain foreign employment, statistics indicate only 5 to 10 percent encounter problems. These also include issues unrelated to trafficking per se. C -- The Sri Lankan Police, Attorney General's Office, Ministry of COLOMBO 00000215 002 OF 006 Foreign Employment, Ministry of Foreign Affairs, Ministry of Child Development and Women's Empowerment, the Bureau of Foreign Employment (BFE),and the National Child Protection Authority (NCPA) increased their involvement in anti-trafficking efforts in 2007. In July 2007, the Foreign Secretary designated the Secretary of the Ministry of Child Development and Women's Empowerment as the GSL focal point on trafficking-related issues. The above-mentioned agencies participated in a seminar in December 2007, hosted by the Secretary for Child Development and Women's Empowerment, which SIPDIS focused on improving GSL awareness and coordination on TIP. The GSL has welcomed U.S. efforts to fund IOM projects that provide law enforcement training on TIP and a case management database to better track TIP data. D -- The government lacked resources to provide proper training to law enforcement officials or adequate compensation or support 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. The GSL's current law enforcement priority is its fight against terrorism. As the country's ethnic conflict continues to escalate, police are focused on preventing LTTE attacks against civilians. Nonetheless, with a better database and improved training of law enforcement officials, the government expects to increase law enforcement actions against trafficking. E -- The Child Protection Unit of the Attorney General's Office and the NCPA conducted a survey in 2007 on commercial sexual activities involving children, but the report has not yet been published. Currently no reliable surveys on trafficking in Sri Lanka are available. The government does not maintain separate statistics on human smuggling, abductions, and trafficking, making it difficult for NGOs to gain access to accurate data. IOM, with U.S.-funding, is currently working with the GSL to develop a case management database to more closely monitor trafficking cases. Paragraph 28: Investigations and Prosecution Of Traffickers -------------- ¶3. (SBU) A -- In April 2006, the government amended the penal code through Act No 16, criminalizing all forms of trafficking in persons. The new legislation, developed in consultation with IOM, brought Sri Lanka's penal code in line with UN guidelines on TIP. 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 engaging in 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. There were no convictions for sex trafficking during the reporting period. C -- The April 2006 amendment to the penal code covering trafficking calls for labor exploitation to be punishable by 2 to 10 years' imprisonment. It also establishes the punishment for debt bondage, serfdom, forced or compulsory labor, or slavery as imprisonment for a term not exceeding twenty years and a monetary fine. When children are the victims of such crimes or are recruited for COLOMBO 00000215 003 OF 006 involvement in armed conflict, the punishment is imprisonment for a term not exceeding thirty years and a monetary fine. A creditor cannot require manual labor in exchange for debt repayment. There were no convictions for labor trafficking during the reporting period. D -- 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. E -- 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. These laws are not regularly enforced, in part because law enforcement is focused on preventing terrorism. F -- 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 human smuggling. (Note: The Attorney General's office noted that trafficking in persons is a bailable offense under the penal code. Further, few Sri Lankans are ever convicted of any offense once they receive bail. Human smuggling is not a bailable offense, but carries a lighter maximum sentence.) The government launched a criminal investigation of the recruitment agent responsible for sending housemaid Rizanna Nafeek abroad when she was underage. The GSL is also investigating a subagent involved in a case where three Muslim children were trafficked abroad. According to the Legal Division of the Foreign Employment Bureau, disciplinary action was taken against 350 labor recruiters engaging in fraudulent recruitment practices, but no criminal investigations were launched. The Women and Children's Bureau of the Police and the NCPA investigated and acted on complaints of commercial and non-commercial sex acts involving children. We are unable to obtain a total number of trafficking cases investigated or prosecuted during the reporting period from the police or Attorney General's office. Trafficking crimes are not disaggregated from other criminal violations and accurate figures on trafficking-related investigations and prosecutions are not kept. The lack of convictions for TIP offenses reflects systemic problems with Sri Lanka's judicial system; the overall conviction rate is less than 5 percent. G -- The government does not provide 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. NCPA conducts a four-hour training course for local police at the In-Service Training Centers at the district-level Police Training Colleges where they are able to reach new recruits. On invitation, they will conduct training at the Police Higher Training Institute or the Police College. A U.S.-funded IOM project provided specialized anti-trafficking training to 50 law enforcement officers, who will in turn train another 500 officers. The Australian government provided human smuggling training, which covered TIP, to twenty police officers. H - There were no cases of GSL cooperation with other governments in the investigation and/or prosecution of trafficking cases during the reporting period. In the past, the government has worked very closely with the Italian and Pakistani governments to combat human smuggling operations. In 2005, in cooperation with the American and the Australian governments, the NCPA 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 any foreigner charged with COLOMBO 00000215 004 OF 006 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 -- 108 Sri Lankan peacekeeping soldiers were repatriated in November 2007 after being accused of sexual misconduct, some cases involving minors, in Haiti. The GSL has promised to investigate the charges. M -- The Attorney General's office does not maintain statistics on cases of foreign pedophiles. 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. The American was deported to the U.S. The other two remain in prison in Sri Lanka awaiting trial. Sri Lanka's child sexual abuse laws do not have extra-territorial coverage. Paragraph 29: Protection and Assistance to Victims -------------- ¶4. (SBU) A -- The government does not provide assistance, such as protection from deportation or temporary residency, to foreign trafficking victims. B -- The government does not have the resources, capacity, or ability to assist victims of trafficking adequately. There are rehabilitation camps and community centers which offer some medical and counseling services for victims of trafficking. The GSL runs five "certified schools" to rehabilitate children trafficked for sex work. The schools offer counseling and vocational training to victims. In addition, the GSL operated 13 women's rehabilitation centers which offer shelter and counseling services to victims of domestic abuse. Repatriated trafficking victims are also counseled at these centers. In July 2007, a shelter for female victims of violence, including women who were abused during overseas employment, was opened south of Colombo. Local District Secretaries provide health and judicial services to child victims in their districts, and the NCPA provides psychological services to child victims. In addition, some NGOs run shelters and rehabilitation facilities. C -- The government does not provide funding or material support to foreign or domestic NGOs for services to victims. The government provides a three USD/per month food supplement to child victims registered with the NGOs. D -- The government's law enforcement and social services personnel do not have a formal system in place to identify potential trafficking victims. NGOs occasionally receive reports of victims and offer assistance, and the government is cooperative in these cases. E -- Not applicable. F -- Women arrested on suspicion of being trafficked into Sri Lanka for the purpose of prostitution are sometimes released upon paying a fine. They are usually deported for immigration violations (working while on a tourist visa). G -- The government encourages victims to assist in the COLOMBO 00000215 005 OF 006 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. There is no victim restitution program. H -- The government did not provide victim or witness protection to victims of trafficking. A Victim and Witness Protection Bill is in preparation. The government reportedly plans to bring it to a vote in Parliament in March 2008. In February 2008, the Ministry of Child Development and Women's Empowerment set up a hotline for complaints about child labor, parental neglect, corporal punishment and sexual abuse. Child 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. I -- The government does not provide any specialized training as such for its officials in identifying victims of trafficking or provision of assistance to trafficking victims. The Ministry of Foreign Employment has assigned labor attaches to some embassies and consulates abroad to provide assistance to migrant workers and trafficking victims. However, limited resources and heavy caseloads sometimes result in minimal assistance being provided. The GSL maintains migrant worker safe houses at several embassies and provides transportation home for victims of labor exploitation. According to the Foreign Employment Bureau, 3500 migrant workers made use of these safe houses during the reporting period. In February 2008, the GSL arranged for 96 Sri Lankan house maids in a detention camp in Riyadh to return home, providing airfare for 17 of them. Also in February 2008, the GSL arranged for the return home of 165 migrant workers from an embassy safe house in Kuwait. J -- For Sri Lankans who are victims of trafficking, either through sexual or labor exploitation, the government will provide some compensation to those who registered with the Sri Lankan Foreign Employment Bureau prior to departing. The Foreign Employment Bureau continued a program, established in 2006, requiring private foreign employment agencies to submit deposits of bonds to register their companies. The deposits may be used to assist any migrant worker stranded overseas due to trafficking or other migration emergency circumstances. The agency will lose its deposit if it is proven responsible for a trafficking incident. K -- Save the Children Foundation, ESCAPE, Don Bosco, Salvation Army, ILO, IOM, American Solidarity Center, Women in Media Collective, Women in Need, PEACE, 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. The GSL does not have the resources to provide funding to these groups for trafficking victim assistance programs. Paragraph 30: Prevention -------------- ¶5. (SBU) A -- The government in Sri Lanka acknowledges that trafficking is a problem in the country. While the government maintains its commitment to address trafficking in persons issues, resource constraints, a lack of coordination among concerned ministries, and inadequacies of the judicial system make tackling TIP a challenge for the GSL. Nonetheless, the government has made efforts to address the issue. In 2006, the government signed Memoranda of Understanding (MOUs) with Jordan, Malaysia, and South Korea on cooperation to reduce the incidence of trafficking of Sri Lankan nationals to those countries. MOUs were signed with United Arab Emirates and Qatar in 2007 and are under negotiation with COLOMBO 00000215 006 OF 006 Libya, Italy, Kuwait and Egypt. In August 2007, the Bureau of Foreign Employment (BFE) began requiring all foreign employment contracts to be signed by the BFE, the worker, and the recruitment agent in the presence of a BFE officer. This procedure allows the BFE officer to ensure that the worker understands the terms of the contract and permits closer scrutiny of agents and subagents. B -- The Child Protection Unit of the Attorney General's Department conducted awareness programs among law enforcement authorities, schools and other civil society organizations. The NCPA, as part of its overall efforts to address child welfare, includes child trafficking as part of its educational campaigns. In 2007, the NCPA, Tourist Board, and Attorney General's department conducted 26 awareness campaigns on child sexual exploitation among teachers and students, hotel staff, taxi and three-wheeler drivers and casual tourism workers such as "beach boys." C -- 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. D -- The Government does not currently monitor immigration and emigration patterns for evidence of trafficking. IOM is working with the Department of Immigration and Emigration in a U.S.-funded program to institute a computerized database that will permit the government to monitor migration trends and identify potential victims of trafficking. The government has welcomed IOM's assistance and is making efforts to institutionalize the new system. The Sri Lankan government makes every effort to adequately monitor its borders, but remains unable to monitor activities in areas controlled by the LTTE in the north and east. E -- The government, with the help of IOM, established a TIP Working Group in late 2007. The Secretary of Child Development and Women's Empowerment chairs the group, which includes representatives from the Sri Lanka Police, Attorney General's Office, Foreign Employment Bureau and NCPA, as well as several NGOs involved in combating TIP. The government has a Commission to Investigate Allegations of Bribery or Corruption. F -- The government of Sri Lanka does not have a national plan of action to address trafficking in persons. The GSL, with support from IOM, hosted a TIP meeting in December 2007 which brought together GSL officials from throughout the government, as well as representatives from interested NGOs, to discuss formulating a national policy on TIP. In October 2006, the Tourist Board of Sri Lanka partnered with UNICEF to launch a National Action Plan Project to eradicate child sex tourism, including trafficking of children for exploitation, in Sri Lanka. The Ministry of Tourism, UNICEF, Hoteliers' Association, Airlines, the Police, Department of Immigration and Emigration, and authorities of sea and air ports participated in drawing up this National Action Plan. G -- The GSL has not taken any specific actions to reduce demand for commercial sex acts. H -- Not applicable. I -- The government has not adopted any specific measures to ensure that its nationals who are deployed abroad as part of peacekeeping missions do not engage in or facilitate trafficking. Following the repatriation of 108 Sri Lankan peacekeepers from Haiti on charges of sexual misconduct, the NCPA has sought assurances from the Sri Lankan Army that it will provide awareness training to future peacekeepers. BLAKE