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Viewing cable 05COLOMBO454, SRI LANKA: THE FIFTH ANNUAL ANTI-TRAFFICKING IN

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Reference ID Created Released Classification Origin
05COLOMBO454 2005-03-02 04:35 2011-08-25 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Colombo
This record is a partial extract of the original cable. The full text of the original cable is not available.
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