Colombo – Sri Lanka has introduced amendments to counter-trafficking laws in a move to bring national legislation in line with international law. The amendment has changed the definition of trafficking in the Penal Code, as required by the UN protocol against trafficking in human beings.

IOM provided technical advice to the Sri Lankan government in the formulation of the new laws, particularly through the provision of recommendations to list "the abuse of a position of vulnerability as a means of trafficking" – as described in the UN Protocol to prevent, suppress and punish human trafficking – in the Bill, which was passed by parliament earlier this month.

This followed a comprehensive review by an IOM legal expert of the existing laws related to human trafficking. The analytical study examined available trial case studies with the aim of highlighting discrepancies with international laws. Based on these findings, IOM developed guidelines and recommendations that served as a legal framework for the Ministry of Justice and Law Reforms to bring in amendments.

This specific amendment recognizes that many trafficked people may believe that they have no reasonable alternative and submit to the situation.

"In a country like Sri Lanka for example, the abuse of a position of vulnerability can result from situations like being ostracized by the community due to stigma after falling victim to "sensitive" crimes such as rape or perceived sexual abuse. The abuse may also result as a consequence of extreme poverty or displacement following conflict or calamities," said Giuseppe Crocetti, IOM's legal expert who worked closely with the Sri Lankan justice ministry on the amendment.

The offence of trafficking was first introduced in the Penal Code in 1995. However, the concept posed problems for both legal practitioners and enforcement officials due to inadequacies in its definition, the merging of different criminal offences not strictly related to trafficking such as illegal adoption. The earlier definition failed to mention the means by which trafficking was perpetrated or the circumstances related to the initial phase of the "recruitment" process.

Sections of Sri Lankan law related to trafficking crimes were also scattered across many Acts and other sections of the Penal Code were invoked to complement and supplement the main offence of trafficking such as procurement, kidnapping, abduction and slavery. Although there is little data on trafficking in Sri Lanka, mostly women and children are trafficked internally and to the Middle East, Hong Kong, Singapore and South Korea for forced labour and sexual exploitation.

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For further information, please contact: Ranjitha Balasubarayam, IOM Sri Lanka, Tel: +94 7735 97 349, Email: ranjithab@iomsrilanka.org