US embassy cable - 03COLOMBO342

UNCLAS SECTION 01 OF 06 COLOMBO 000342 
 
SIPDIS 
 
SENSITIVE 
 
DEPARTMENT FOR SA/INS, G/TIP, G. INL, DRL, PRM, IWI 
DEPARTMENT ALSO FOR/PASS TO USAID 
 
E.O. 12958:  N/A 
TAGS: PHUM, KCRM, KWMN, SMIG, KFRD, ASEC, PREF, ELAB, CE, MV, Human Rights 
SUBJECT:  Sri Lanka/Maldives:  2003 annual Trafficking 
in Persons (TIP) report 
 
Ref:  (A) State 22225 
 
-     (B) 02 Colombo 380 
 
(U) This message is sensitive but unclassified -- please 
handle accordingly. 
 
1.  (U) Mission point of contact on trafficking in 
persons issues until May 1 is poloff Carl-Heinz J. 
Wemhoener-Cuite, Andrea Tomaszewicz will replace him at 
that time, both can be reached at 94-1-448-007 x-2425 
and fax 94-1-471-092. 
 
2.  (U) Mission's submission for the 2002 Trafficking in 
Persons Report for Sri Lanka and the Maldives follows. 
Responses are keyed to the questions in Ref A. 
 
--------- 
Sri Lanka 
--------- 
 
3.  (SBU) Overview of Sri Lanka's activities to eliminate 
trafficking in persons (Para 16). 
 
A -- Sri Lanka might be a country of origin and 
destination for a small number of internationally 
trafficked women.  Some trafficking occurs in territory 
the government controls and some in areas the government 
does not control.  There are no reliable estimates as to 
the magnitude of the problem.  The sources of 
information on trafficking in and from Sri Lanka are the 
National Child Protection Authority (NCPA), local and 
international NGOs, and the press.  The NCPA is reliable 
but can provide only limited information and then 
specifically on child related statistics.  In the area 
controlled by the Liberation Tigers of Tamil Eelam 
(LTTE) children are at risk of being forcibly recruited 
into the LTTE. 
 
B -- Anecdotal evidence indicates Thai, Chinese, and 
Russian women may be trafficked into Sri Lanka for 
purposes of prostitution.  Children are trafficked 
internally. 
 
C -- There has been little evidence of change of 
trafficking over the past year.  There have been 
intermittent reports of police and NCPA investigations 
into events possibly connected to the trafficking of 
children for sexual exploitation. 
 
D -- No reliable surveys on trafficking in Sri Lanka are 
currently available, although the NCPA continues to 
conduct surveys on trafficking in children issues. 
 
E -- A small number of women may be trafficked into Sri 
Lanka for purposes of prostitution, but little 
information is available as to how the women come to Sri 
Lanka, whether they remain in the country of their own 
free will, or the conditions in which they live. 
 
F -- Women are on occasion hired to work in the Middle 
East under false pretenses.  Women are offered financial 
incentives to work as domestic servants in the Middle 
East, upon arrival they are sometimes used for other 
purposes.  The employees travel legally to the places of 
employment.  The reports on this activity is anecdotal 
and of limited numbers. 
 
G -- There is political will at the highest levels of 
government to combat trafficking in persons.  The 
Government of Sri Lanka has established a Police Women's 
and Children's Bureau, the National Child Protection 
Authority (NCPA), and attached a police unit directly to 
the NCPA in 2002, to combat trafficking.  The Ministry 
of Foreign Affairs also assigns Welfare Officers to 
countries where Sri Lankan women are reportedly 
trafficked.  Despite the difficulties of the ongoing 
peace process and having a limited budget the GSL has 
made some efforts to combat trafficking through 
prevention, prosecution, and some protection. 
H -- During the last year there have been unconfirmed 
reports that personnel in the Sri Lankan Bureau of 
Foreign Employment have accepted bribes.  There have 
been no reports of arrests or prosecutions in relation 
to these allegations. 
 
I -- Currently the greatest limitation upon the 
government in trying to combat trafficking are efforts 
to maintain an ongoing ceasefire and control a depressed 
economy.  Funding and resources are currently directed 
towards those concerns. 
 
4.  (SBU) Prevention (Para. 17): 
 
A -- The government of Sri Lanka acknowledges that 
trafficking is a problem in the country. 
 
B -- Immigration, MFA, Police, Bureau of Foreign 
Employment, and the National Child Protection Authority. 
 
C -- A number of NGOs, sometimes in cooperation with the 
government, have focused on protection of victims and 
have conducted some education programs geared towards 
parents in an attempt to try to prevent trafficking of 
children for sexual exploitation.  Some have also tried 
educational campaigns geared towards keeping mothers 
from working in the Middle East, where they work without 
most civil protections, and are away from their family 
for extended periods.  As yet the campaigns have had 
limited impact. 
 
D -- The government does not perceive trafficking as a 
major problem in Sri Lanka and thus has not actively 
supported many programs to combat trafficking. 
 
E -- Yes, the government is able to support prevention 
programs, but due to budgetary constraints its 
capabilities are of a limited nature. 
 
F -- The NCPA's work with international NGOs on 
trafficking in persons issues is currently the primary 
interaction between the government and civil society. 
The government's history of cooperation with NGOs and 
acknowledgement of the problem, however, suggests a 
willingness to work with civil society on the issue. 
 
G -- Sri Lanka tries to adequately monitor its borders 
to control immigration and emigration, but is not able 
to do so in areas controlled by the LTTE.  Evidence of 
trafficking is limited and the government does not think 
there is a large-scale problem.  The law enforcement 
agencies focusing on the issue respond when evidence is 
provided. 
 
H -- There is a mechanism for coordination and 
communication among agencies, but the government does 
not have an anti-trafficking task force.  The government 
has an anti-corruption task force. 
 
I -- The government of Sri Lanka is not part of any 
international working group on trafficking in persons. 
 
J -- The government does not have a national plan of 
action to address trafficking in persons. 
 
K -- The government has not specifically delegated the 
responsibility to develop an anti-trafficking program to 
any government organization.  In regards to children, 
the NCPA has interpreted its mandate to include 
developing such a program.  The NCPA, in conjunction 
with the International Labor Organization (ILO), has 
developed an action plan to counteract trafficking in 
persons.  Although investigations and arrests have 
increased during the last year, budgetary constraints 
and limited police forces committed to the issue has 
meant that the program has met with only limited 
success. 
 
5.  (SBU) Investigation and prosecution of traffickers 
(Para. 18): 
 
A -- The Penal Code Act No. 22 of 1995 specifically 
criminalizes trafficking in persons. 
 
B -- Penalties range from 2 to 20 years imprisonment 
plus a penalty of approximately USD 16 to 160. 
 
C -- Penalties range from 7 to 20 years imprisonment 
plus monetary compensation to the victim, of which the 
amount is determined by the judge. 
 
D -- The government has not prosecuted any cases against 
traffickers during the past year.  (Note:  The 
government has prosecuted pedophilia cases, which may 
have been linked to trafficking in children cases, 
during the year.) 
 
E -- Anecdotal evidence suggests individuals acting on 
their own volition, but no reliable information on the 
issue exists. 
 
F -- The government investigates cases of trafficking, 
but has limited resources to do so. 
 
G -- Limited specialized training is given to members of 
the Police Women's and Children's Bureau, and the NCPA, 
but the training does not specifically address the 
concept of trafficking. 
 
H -- To date the GSL has not cooperated with other 
governments in the investigation or prosecution of 
traffickers.  Mission is not aware of the GSL being 
approached to take part in any such investigation. 
(Note:  Harendra de Silva of the NCPA stated that a 
small number are taken abroad every year on the pretext 
of improved education, but that a number of such cases 
may be for sexual exploitation.  In regards to such 
issues, he added that one Swiss man was recently 
prosecuted for sexual exploitation of a child in 
Switzerland.  He was reportedly a regular visitor to 
Sri Lanka.) 
 
I -- The government has not extradited anyone charged 
with trafficking to other countries, but is likely to do 
so if asked. 
 
J -- There is no credible evidence of government 
involvement in or tolerance of trafficking of persons. 
There are unsubstantiated reports of immigration 
officers accepting bribes. 
 
K -- Government officials are not believed to be 
involved in trafficking of persons. 
 
L -- The GSL ratified ILO Convention 105 in 
January 2003. 
  -- The GSL ratified ILO Convention 182 in 
February 2000. 
  -- The GSL ratified ILO Convention 29 in 1950 
  -- The GSL has signed the Sale of Children Protocol. 
  -- The GSL has signed the Protocol to Prevent, 
Suppress, and Punish Trafficking in Persons. 
 
6.  (SBU) Protection and assistance to victims 
(Para. 19): 
 
A -- Victims of internal trafficking are temporarily 
sheltered in rehabilitation camps which includes some 
medical and psychological services. 
 
B -- No, the government does not provide funding to NGOs 
for services to victims.  The government has some 
programs in place, but is focusing its funds on other 
issues. 
 
C -- Women suspected of being trafficked into Sri Lanka 
for the purpose of prostitution are sometimes arrested, 
and released upon paying a fine.  There are no reports 
of mistreatment during the short time they are 
incarcerated.  Children are treated as victims and care 
is provided to them. 
 
D -- The GSL does not encourage victims to assist in the 
prosecution or investigation into traffickers.  Victims 
may seek monetary damages by submitting a Fundamental 
Rights case.  There are no impediments in filing such 
cases and limited support through some NGOs is provided. 
 
E -- The government generally does not provide any 
protection to witnesses.  On rare occasions the accused 
have been denied bail because of credible threats 
against the victim. 
 
F -- Limited specialized training is given to members of 
the Police Women's and Children's Bureau, and the NCPA, 
but the training does not specifically address the 
concept of trafficking.  Welfare Officers are assigned 
to countries in the Middle East to focus on the rights 
of women that may have been trafficked there. 
 
G -- No assistance is given to repatriated victims of 
trafficking by the government. 
 
H -- Don Bosco, Salvation Army, ILO, American Solidarity 
Center, and a number of community based organizations 
work with trafficking victims.  Most NGOs focusing on 
trafficking in persons issues have limited to no contact 
with the government.  The GSL has cooperated with the 
NGOs that have contacted them. 
 
H (continued) -- The government of Sri Lanka has 
acknowledged the problem of trafficking in persons, 
however, it does not believe it is a major problem in 
Sri Lanka.  Anecdotal evidence points to limited 
internal trafficking of children for sexual 
exploitation, and even fewer for labor.  The government 
is addressing the internal trafficking of children 
through the police and NCPA.  Only a very small percent 
of the women working in the Middle East complain of 
mistreatment while working overseas.  The Bureau of 
Foreign Employment and Welfare Officers with the MFA are 
focusing on their complaints.  Anecdotal evidence points 
to perhaps one to two hundred women being trafficked 
into Sri Lanka.  The government as a whole is focused on 
the ongoing peace process, and has not focused on 
trafficking in persons. 
 
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Maldives 
-------- 
 
7.  (SBU) Overview of Maldivian activities to eliminate 
trafficking in persons (Para 16). 
 
A -- The Maldives is not a country of origin, transit, 
or destination for internationally trafficked men, 
women, or children.  The source for this information is 
the Maldivian Ministry for Women's Affairs and Social 
Welfare, UNDP, UNICEF, other NGOs, and the press. 
Mission believes these sources are reliable.  Mission's 
visits to the Maldives confirms what these organizations 
have reported. 
 
B-I -- Trafficking in persons is not an issue in the 
Maldives. 
 
8.  (SBU) Prevention (para 17): 
 
A -- The government of the Republic of the Maldives does 
not acknowledge that trafficking is a problem in the 
country.  There is no evidence to indicate that 
trafficking in persons is a problem in the Maldives. 
 
B -- No Maldivian government agency is tasked with anti- 
trafficking efforts.  If the issue were to arise in the 
Maldives, the Ministry for Women's Affairs and Social 
Welfare would be the agency most likely to focus on the 
issue. 
 
C -- There have been no anti-trafficking information or 
education campaigns. 
 
D -- The government has long-standing programs to teach 
Maldivians, particularly women, of their rights.  The 
GORM has conducted political and legal literacy programs 
and held workshops on gender equality. 
 
E -- If trafficking were a problem in the Maldives the 
government would likely be able to support prevention 
programs. 
 
F -- The government works closely with civil society and 
international NGOs on other issues and if trafficking in 
persons were to become an issue the government could be 
expected to work closely with the appropriate NGOs on 
that issue. 
 
G -- The Maldives is a nation of approximately 1,200 
sparsely populated islands and limited resources. 
Despite this, the GORM adequately monitors it borders, 
although unauthorized entry and exit of people almost 
certainly occurs. 
 
H -- The GORM does not have a multi-agency working group 
or task force focusing on trafficking in persons; the 
issue has not come up in the Maldives.  The government 
does have an Anti-Corruption Board to review accusations 
of public corruption. 
 
I -- The government does not participate in any 
multinational or international working groups or efforts 
to prevent, monitor, or control trafficking in persons. 
 
J -- The government does not have a national plan of 
action to address trafficking in persons; it is not an 
issue in the Maldives. 
 
K -- There is no person or entity responsible for 
developing anti-trafficking programs within the 
government; it is not an issue in the Maldives. 
 
9.  (SBU) Investigation and prosecution of traffickers 
(para. 18): 
 
A -- There are no laws specifically prohibiting 
trafficking.  The Attorney General's office argues that 
the issue can be addressed through Shari'a, Islamic law. 
 
B -- No penalties have been established. 
 
C -- No comparisons can be made as no penalties have 
been established for trafficking in persons. 
 
D -- The government has not prosecuted any cases against 
traffickers.  There have been no reported cases of 
trafficking in persons in the Maldives. 
 
E -- There were no reports of traffickers in the 
Maldives during the last year. 
 
F -- There were no reports of traffickers in the 
Maldives during the last year. 
 
G -- The government does not provide any specialized 
training for government officials on trafficking in 
persons. 
 
H -- Mission is not aware of the Maldivian government 
being asked to assist in any trafficking in persons 
cases. 
I -- Mission is not aware of any extradition cases 
arising during the year. 
 
J -- There is no evidence of government involvement or 
tolerance of trafficking in persons. 
K -- There is no evidence of government personnel being 
involved in trafficking of persons. 
 
L -- Mission has no information of the Maldives signing 
the ILO Convention 182, Sale of Children Protocol, or 
the Protocol to Prevent, Suppress and Punish Trafficking 
in Persons, Especially Women and Children, Supplemental. 
 
10.  (SBU) Protection and assistance to victims (para. 
19): 
 
A -- The issue of assistance for victims of trafficking 
in persons did not arise in the Maldives during the 
year. 
 
B-G -- Because there are no reports of any victims of 
trafficking in the Maldives, the issues pertaining to 
victims were not addressed by the government. 
 
H -- Mission is not aware of any NGOs working on 
trafficking in person issues in the Maldives. 
 
WILLS