Human Trafficking

NESA Center Alumni Publication
Major Sandun Gunawardana – LL.B (Colombo), LL.M (KDU) & Attorney at Law, A Legal Officer in Ministry of Defence, Member of the National Anti-Human Trafficking Task Force in Sri Lanka, and NESA Center Alumnus.
30 July 2024

 

Today, human trafficking has become a heinous crime around the world. Many people are suffering as the victims of human trafficking. It has also been identified as one of the fastest growing crimes around the globe. It is a gross violation of human rights of the victims.

In accordance with the United Nation Convention against Transnational Organized Crimes and the protocol to the said convention, Palermo Protocol, many nations around the globe have internationally recognized and accepted human trafficking as an organized crime and as a global challenge against humanity.

 

What is human trafficking?

Human trafficking can be simply explained as selling persons. Though it is commonly mentioned as persons, males, females, and children – regardless of their sex and age – are sold by racketeers in trafficking in persons. In this atrocious crime, persons may be sold by way of threat, force, fraud, deception, inducement, or coercion. Traffickers may also use the vulnerability of any person to traffic innocent persons. There are three main elements to institute a transaction: a seller, buyer, and item or service. The differentiation in human trafficking is the said item is recognized as a human being. The selling of a human being by the members of the same family to other members of the same family does unfortunately take place in trafficking in persons.

 

What is the purpose of selling human beings?

Traffickers exploit human beings employing them in different legal or illegal business or trades without the consent of the victims. Usually, victims of human trafficking are used for sexual exploitation, forced labour, slavery, forced prostitution, forced marriage, forced begging, forced military affairs, terrorist activities, organ removals, or any other criminal activities in spite of the age and sex of the victims.

In trafficking in persons, legality of the professions which the victims have been employed is immaterial at the court of law and the important fact is whether the victims are providing any service with their consent or not. However, where the victim is a child, the consent is also not a considerable fact to convict the accused persons. Thus, the trafficking of a child even with the consent is also recognized as a severe offence by the law. Any person who is below the age of 18 years is identified as a child as per prevailing international laws.

 

Who are the culprits in human trafficking?

In this unethical and illegal business, sellers, buyers, or any other persons who aid and abate knowingly and willfully to commit this inhumane offence by way of bartering, promoting, facilitating, detaining, recruiting, transporting, transferring, receiving, harboring, or in whatsoever manner are identified as criminals in this particular offence.

 

What are the punishments given by courts?

Going by Sri Lankan penal law, a person who is guilty of the offence on conviction shall be punished with imprisonment for a term not less than two years and it may be extended to twenty years having considered the gravity and nature in committing the offence.  Additionally, a fine may also be imposed against the perpetrator. Where this offence is committed against a child, the minimum imprisonment period shall be three years in addition to the fines which may be imposed on the offender. Moreover, this severe offence is also identified as a cognizable, non-bailable, and non-compoundable offence as per the Code of Criminal Procedure of Sri Lanka. Thus, an accused person is unable to request the release on bail during the court’s proceedings from the Magistrate Court and the bail application should be presented before the relevant High Court which is vested with jurisdictions. Moreover, any peace officer who is investigating the case of human trafficking is vested with powers to arrest any suspects even without a warrant issued by a competent court. Not only that – any accused person is also not permitted to settle the allegations leveled against them out of the court upon any mutual agreement. Thus, it is mandatory to prosecute the accused persons of human trafficking before the court of law.

 

Causes of human trafficking

• Loss of social protection for everyone. Parents, teachers, adults, public officials, religious monks, journalists, and all members of our society have a responsibility in this regard. If we try to safeguard each other with proper awareness, we could be safe from human trafficking.
• Poverty is at the bottom of vulnerability. The classic example of this is the selling of children by parents.
• People are used to tolerate anything illegal if their trust and confidence of law enforcement authorities collapses.
• Irregular usage of social media paves the way for racketeers to induce innocent persons, especially women and children, for human trafficking where there is no sound regulatory mechanism for social media and cyberspace.
• Addiction to drugs. Drug-addicted persons may do any immoral, illegal, or sinful job to make money.
• The prevailing trend and demand of finding a job overseas due to economic crisis provides enough space for traffickers to hoodwink vulnerable persons easily.
• There is a high possibility of cheating where persons are in hurry to go abroad as unskilled persons without a proper training.
• Corruption plays a significant role in facilitating and fostering the crime of trafficking in persons. The corrupt behavior of public officials may encourage racketeers to engage in their malpractices without fear and doubts. Moreover, corruption involving the private sector such as travel agencies, hotels, airlines, service providers, and other companies may contribute to human trafficking considerably.

 

What is to be done?

• Creating awareness for the prevention of human trafficking.
• Assisting law enforcement authorities to take legal action against traffickers.
• Consulting relevant authorized officials before seeking foreign jobs.
• Following websites and social media pages and channels maintained by internationally-recognized organizations and local authorities.
• Being a skilled migrant and engaging in safe migration.
• Prevention of possible corruption.
• Formulating anti-human trafficking forces at the school and university level to get the assistance from children and young persons to combat human trafficking.
• Establishing cyber monitoring mechanisms and enhancing effective coordination and collaboration with other nations to ensure cyber
• Building partnerships with other nations, local governments, and non-government organizations.
• Recognizing human trafficking as an extraditable offence at the international level by way of MoUs or through international cooperation or regional legal instruments.

 

Human trafficking is a severe offence which violates the fundamental human rights of the victims, and it creates physical and mental harassment against the victims. “Prevention is better than cure.” Creating awareness is the key weapon, as it builds the capacity of any person to fight against human trafficking effectively. Therefore, as members of the human family, we all should join hands together to combat human trafficking and to eradicate this inhumane and disgraceful offence around the globe.