by Ravith E.N. Ihalagedara
Published on Ceylon Today on 02nd December 2024.
The emergence of human trafficking as a threat to Sri Lankans has been one that has garnered significant oversight by the Sri Lankan Government, and its cross-border relations. This sprawl of human trafficking cases is consistent with steady advances in the dynamics of committing the crime, including how victimisers monetise and scale operations. When traffickers with upwards of 3 people are longstanding and actively engage in an incriminating offence (human trafficking), they fall under the veil of “organised criminal groups”, as their acts now become “organised crime”, as per provisions of Article 2(a) of the Convention against Transnational Organised Crime (United Nations Office on Drugs and Crime, 2021). Traffickers will work like business enterprises, opting for any means necessary to improve processes, performance, and outcomes. To do this, they will tap into new markets and increase their scale, all to better sales and profit, whilst their goal or means are illicit.
“The picture of organised crime today is quite different. Many of the new criminal groups, with well-developed organisational structures, are established for obtaining power and wealth. Levels of complexity are increasing even further with fluid almost structure-less networks evolving” – United Nations Office on Drugs and Crime, (2011).
Work Abroad and Human Trafficking
The biggest concern for Anti-Human Trafficking in Sri Lanka is the growth of organised crime transitioning into foreign criminal markets, known as Transnational Organised Crime. From a grassroots perspective, it is imperative to understand the movement of Sri Lankan nationals and how they fall victim to human trafficking activity. After the regrettable economic crisis in Sri Lanka, the public culture of working abroad increased to new heights, with organisations abroad offering jobs as well. The Annual Statistics of Foreign Employment reported the total number of SLBFE (Sri Lanka Bureau of Foreign Employment) registered migrant workers in 2023 was close to 300,000. With this vast sector of international travel, Sri Lankan nationals go under the radar of human traffickers as well. The Government of Sri Lanka in its National Action Plan to Monitor and Combat Human Trafficking, (2021), revealed a “potential trafficking syndicate in 2017 involving vulnerable Nepalese women transiting in Sri Lanka.” It was also revealed that in 2021 “trafficking of Uzbek women to Sri Lanka” for sex work had taken place. Further, the Criminal Investigation Department or the CID, had launched an investigation into an alleged case of 45 Sri Lankan women being trafficked in Oman to engage in sex work, under the pretence of legitimate jobs, revealed a Police official on ‘Newswire’ (BHRRC, 2022). In June of 2021, 13 Sri Lankan nationals were rescued by Mangalore Police from a trafficking scheme, a key suspect was arrested by the National Investigations Agency of India in August 2024. A probe revealed the individual was involved in an alleged scheme to “distribute 38 Sri Lankan nationals to various parts of Tamil Nadu.” Like many other cases “the victims were falsely promised employment opportunities in Canada” (P. Madhav, 2024). Lastly, the Ministry of Defence (2024) noted the human trafficking of “retired military personnel” to the frontlines of the Russo-Ukraine war through “illegal channels.” The cases highlight how human trafficking has become largely organised in its operations, tapping into migrant workers to accumulate victims. In doing so, criminals monetise their operations by focusing on workforce-heavy industries i.e., sex work.
Cybercrime and Human Trafficking
Criminal organisations have managed to make cybercrime immensely profitable, especially when it comes to scamming online victims. Terms such as ‘pig butchering’ have come outside of the woodwork to navigate the growing landscape of online scamming due to the sheer technicality of scamming operations. For one, scammers become untraceable through the use of cryptocurrency which is “not considered as legal tender in Sri Lanka and has no regulatory safeguards relating to their usage in the country” – Central Bank of Sri Lanka (2024). With an untraceable banking footprint, the only thing missing for these operations then is the workforce, this is where cyber scamming operations have turned to human trafficking as a solution. Ultimately, with enough earnings from their operations, these criminal organisations upscale forming what is known as ‘scam compounds’. “Large colonies with thousands of people that are held inside of compounds, perpetrating quite sophisticated online scams” (Jason Tower, 2024). Myanmar is one of the few Southeast Asian states that are plagued with human trafficking compounds and has recently posed a predicament for job-searching Lankans. The Ministry of Defence (2024) identified 89 Sri Lankans that have travelled to Myanmar via illegal means, with 54 trapped in the scam compounds of the Myawaddy Township, Myanmar, and 40 Sri Lankans being repatriated and returned safely to the country as of August. The numbers as of now are concerning, however, the landscape is difficult to detect, as job-searching Lankans are targeted with seemingly legitimate job offers by various means online. It is difficult to stop job offers from these illicit operators from reaching Lankan nationals, especially because they may very easily change how they communicate with a victim, quite notably a dangerous adaptability. Therefore, the Government’s best mode of mitigating the threat is to issue warnings – “to refrain from seeking work in Myanmar” altogether, which upon reaching large parts of the public would prove to be effective. Despite this, the most concerning point in this case is how the criminal institutions may be adapting to the Government’s solutions, branching out to other countries to reach Lankan nationals. The Ministry of Defence (2024), on 11 November, stated in a press release that Sri Lankan nationals residing in the UAE are now being targeted by human traffickers in Myanmar. This shift may indicate that criminal organisations are promptly formulating counter-solutions to not lose out on access to foreign nationals to traffic. It is also important to note that the UAE received the largest influx of migrant employees from Sri Lanka; in 2023 alone standing at about 38,451, a stark difference from Myanmar’s 20. This poses an alarming adaptability, one that with the changing dynamics of human trafficking increasing, has been taken up by organised criminals to further monetise operations and curb reforms.
Legalities in Human Trafficking
As human trafficking becomes transnational, the question comes up of which nation holds jurisdiction. Therefore, it is important to consider the legal aspects of human trafficking, especially when it comes to prosecution and dealing with the victimisers and victim’s crimes.
Prosecuting victimisers, who are usually foreign nationals is quite straightforward for governments. However, there are some complications where the penalties may not fit the crime. Those involved in large-scale operations may very easily find bail, as seen in the E. Kushan human trafficking scam, held in remand custody before being granted bail (T.F. Thujadeen, 2022). This makes it frustrating for law enforcement to keep them at bay, moreover, operations may go under the radar, prompting evidence to be scarce in developing cases. It is also worth noting the existence of intermediaries in human trafficking cases, that may be based in Sri Lanka as seen in the ‘Tamil Nadu’ and ‘Uzbek’ trafficking cases mentioned earlier. The victim at the preliminary stages of being trafficked, may resort to actions that may incriminate them. Some Lankans seek work abroad via illicit channels: travelling overseas on tourist visas in search of employment. The victim may also be coerced, as the promises of work abroad are legitimised with ‘fraudulent documents’ such as tourist visas in place of work visas. Since the crime was committed in a foreign State, jurisdiction falls upon the nation in which the crime was committed. The problem here is that unregistered migrants may not be able to access ‘government services’, and may face incarceration, penalties, and deportation if they reach out to law enforcement (United States Department of State, 2024). In the later stages of the trafficking procedure, one might also consider the dilemma of victims involved in ‘forced criminality’ via forced labour. The International Labour Organization’s (ILO) Forced Labour Convention, 1930 (No. 29) terms forced labour – “all work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily”, forcing victims into labour that may incriminate them of cybercrime, sex work, unregistered work abroad, etc., is very clearly forced criminality. An article by Major Sandun Gunawardana (2024) underscores the imperative of this paradigm, especially in framing charges through evidence, to prevent the wrongful accusation of innocent individuals.
Recommendations
The cases opened on the subject are becoming increasingly difficult to mitigate and eliminate, as human trafficking dynamics continue to evolve the Government must continue to uphold the provisions listed in the National Strategic Action Plan to Monitor and Combat Human Trafficking (2021-2025). Streamlining objectives: 1(a), 1(b) and 2 inter alia, for the added improvements in awareness and capacity. Directing attention to migrant workforces, it is important that those travelling on open visas are known to be travelling for non-work-related purposes, and that those who wish to work abroad are encouraged to do so with work visas. In accordance with objective 7, continuing to work closely with international governments to facilitate repatriation efforts and other relevant measures, similar to what it has done with Myanmar (Ministry of Foreign Affairs, 2024). Revisiting Major Sandun Gunawardana’s article, it intricately underscores a key aspect of human trafficking cases – “The burden of proof lies upon the prosecution in relation to the accused individual.” The idea is that the “prosecution” government bear the proof for these cases, in doing so it is important that the Police and international stakeholders are readily equipped with the capacity to provide the Court with the relevant evidence to deal with legalities, and that governments are cooperative internationally to facilitate evidence.
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* Mr. Ravith E.N. Ihalagedara is an Intern (Research)at the Institute of National Security Studies (INSS), the premier think tank on National Security established and functioning under the Ministry of Defence. The opinion expressed are his own and not necessarily reflective of the institute or the Ministry of Defence.