CHAPTER VII

―WHEREAS it is the will of the People of Sri Lanka to establish a stable legal

order based on a Supreme Law in the form of a Constitution which –

Strengthens institutions of governance; assures a wider sharing of power;

enshrines democratic values, social justice and human rights; facilitates

economic, social and cultural advancement; and promotes peace, ethnic

harmony and good governance;‖ -Preamble of the Second Republic

Constitution

7. Conclusion and Recommendations

The first chapter provides a detailed introduction to the study

undertaken by the researcher. In the back ground of the research, the causes

for legal and irregular migration, meaning of human smuggling, the

relationship between human smuggling and irregular migration have been

explained. This part also clarifies the meaning of different terminologies which

are used in the area of human smuggling such as ‗smuggled migrants‘,

‗source country‘, ‗transit country‘, ‗destination country‘ and ‗irregular

migration‘. It also explicates the role of technological advancement in

transnational organized crime.

In order make a clear attention to the meaning of human smuggling

and human trafficking, the researcher had to grasp the variances between

these two offences with the assistance of the SM protocol, trafficking protocol,

journal articles, books and other reports. This part also outlines the

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development of international legal regime on human smuggling and

theoretical foundation underlying pertaining to human smuggling. Further, an

abstract of the responses to human smuggling by destination country and

source countries is presented.

A summary of literature review on Sri Lankan aspects is enumerated to

present the current gaps in the area of study and to support to the need of the

study.

Based on the literature review, the next part is devoted to the focal

point of the research, that is the statement of the research problem.

Researcher has described the research problem currently existing in SL,

research gaps and the rationale as to why it needs to be addressed. Keeping

the research problem in mind, the researcher has set out specific research

objectives to define the structure of the research thesis. Then, a set of

generated research questions have also been presented in order to find

answers to the intended objectives.

In light of the literature review and confronted with the research

problem, the researcher has arrived at two tentative hypotheses and these

are presented.

Last portion of the chapter has explained the research methodology

that is applied in the research. Further, this part provides a summary of the

primary and secondary data used. Justification for the tools of data collection

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and methodology is also presented. Finally, the chapter presents the

breakdown of chapters.

Chapter 11 is titled Theoretical Approaches to Human Smuggling: A

study - The first objective of the research thesis is to understand the

theoretical underpinning of human smuggling. To achieve this objective, a

research question is framed as ‗What are the theoretical models so far

developed in the area of human smuggling?‘ The second chapter explains

and analyzes the theoretical models that have been so far developed to

comprehend and explain the phenomena of human smuggling. Theoretical

models have been developed based on empirical evidences across the globe.

With the availability of literature, this thesis has analyzed mainly six models

namely the Business Model, Organizational, Criminological and Network

Approach Model, Human Rights-Based Model, Gender Approach, Demand

and Supply and Deterrence Theory Model. The last part provides a summary

of other models without going into an in-depth discussion. A summary

conclusion has been added.

The third chapter titled International Legal Regime on Human

Smuggling: A Critical Study - The core objective of the chapter is to assess

the extent international law impacts on human smuggling it was able to

address criminalizing of migrant smuggling and protecting the rights of the

smuggled migrants. This chapter has critically analyzed the UNCTOC and the

protocol. According to these two legal instruments, for certain matters such as

corruption, human rights and maritime human smuggling other international

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legal treaties have to be consulted. In this context, relevant provisions of

UNCAC, UNCLOS, IHR treaties and CSR are also dealt with. This chapter is

apportioned with definitional aspects of OCG, serous crime, human smuggling

and illegal entry and financial and other material benefits. Additionally, a

particular consideration was given to maritime human smuggling. The nature

of state party obligations under the UNCTOC and the Protocol was analyzed

in depth. Besides, liability of smuggled migrants and rights of such smuggled

migrants under international law were also discussed. The last part of the

chapter has summarized the findings of this chapter.

Chapter IV titled Magnitude of Human Smuggling in Sri Lanka: With

particular focus on field study narratives - The main objective of Chapter Four

was to discuss the different aspects of human smuggling in the SL context. In

the context of the dearth of literature, primary data was collected from

smuggled migrants and key informants in SL. Responses from two sets of

respondents were analyzed and presented. This chapter briefly describes the

modus operandi, routes, departure points, major destinations and process of

the venture. Opinions expressed by the officials were quoted in appropriate

places in the body of the discussion. An analysis of field data is presented in

the form of tables and graphs.

Chapter V titled Domestic Legal Framework in Relation Human

Smuggling: Critical Analysis - The main aim of this chapter was to evaluate

the ability of the existing Sri Lankan legal framework to criminalize human

smuggling and protect the smuggled migrants. The Constitutional provisions

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Immigrants and Emigrants Act 1948, Mutual Legal Assistance in Criminal

Matters Act 2000, Extradition Law 1977, Bail Act 1997, Extradition Law 1977

and Protection of Victim and Witness Protection Act 2015 have been given

due consideration. This chapter has identified strengths and weaknesses in

the national legislations.

Chapter VI is titled Law Enforcement Mechanisms in Sri Lanka: A

comparative analysis with selected jurisdictions - The objective of this chapter

is to explain and analyze the law enforcement procedure in respect to human

smuggling in SL. Opinions expressed by key informants from SL and abroad

were summarized and presented This chapter also aimed to study the best

practices followed in China and Pakistan, Australia, Canada, Europe the US.

Responses of selected government officials, NGO officials and academics

from Canada are also incorporated.

7.1 Findings

The researcher has briefly presented the findings of each chapter

below.

(a) Chapter II

The theorists of the Business Model reveal that the main parties of this

business are smugglers and prospective migrants. However, many other

parties such as immigration officers, border control officials‘ friends, relatives

and family. act as intermediaries in the business. The main beneficiaries of

the business are the smuggling network and government officials. Corruption

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plays a major role in the trade. In addition to these main parties, NGOs also

gain profit by providing counseling and other services to the effected migrants.

The Organized Criminal Model discloses that transnational organized

crime is committed by various types of groups such as well-organized crimes,

loose horizontal groups, flexible groups, unstructured groups and ad-hoc

groups. These groups engage in various transnational organized crimes

including human smuggling. Transnational crimes take place in multiple

countries. Some of these criminal groups have connection with terrorist

organizations and funds obtained by the criminal networks are used for

furtherance of terrorist activities. Generally, the main leader of the

organization never comes to the scene. The whole operation is carried out by

several intermediaries. Hence, the migrants have no idea about the

organization and its identity.

The third model discussed in this chapter is the Human Rights-Based

Model. Business and Organized Crime Models, mirror the migrants as clients

and offenders, whereas the Human Rights-Based Model perceives the

migrants as the sufferers. Scholarly studies based on this model emphasizes

that the states are required to implement legal provisions of the protocol and

other major international human rights conventions to ensure assistance and

protection for the migrants without any kind of discrimination.

The Deterrence Model expresses about the underlying basic principles

in deciding the amount of punishment and the purpose of the punishment.

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The major finding is that the punishment should not be arbitrary and

disproportionate to the crime committed. Further these principles require the

legislature to define the law, elements of the crime and the punishment. They

summarize that the object of the punishment has to increase the happiness of

the people by increasing the pleasure and lessening the pain of the

community. However, there is no universal application of the principles of

deterrence in regard to human smuggling. Each state is implementing it

according to its own wish.

The Demand and Supply model is applicable to both legal and irregular

migration. This Model reveals three significant points (1) The differences in

wages between sending and receiving countries is the major factor in

motivating people to migrate. (2) Western born natives do not like to do low

skilled jobs. (3) The source countries indirectly encourage the migrants to

move in order to solve employment issues.

The Gender Based Model argues that smuggled men are used for

labour exploitation and women are exploited for sex. This theory also looks at

the role of the women in organized crime. There are no evidential studies to

make any conclusion about the role of the women in organized crime.

(b) Chapter III

Chapter III aims to answer the research question namely ‗How far the

international legal framework has achieved the stated objectives of the

UNCTOC protocol, namely criminalizing migrant smuggling, protecting the

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rights of smuggled migrants as well as promoting the international cooperation

among the states to that end?‘

At the negotiation of UNCTOC, no consensus was arrived among the

states to define TOC. It is a major drawback of this convention. This

convention defines what OCG is? There are various elements immersed into

the definition such as structured group, number of persons in the group, time

period and the motive of the crime. The major drawback of the definition is

that it does not answer; How to fit flexible, small scale medium size groups in

the OCG definition? What is a structured group? What is the period of

existence and what is serious crime?

In order to reflect how far the definition of OCG has been adopted into

the few domestic legislations, Australia, Canada, the EU, the US, Pakistan

and Malaysia have been taken into account. In respect to punishment, all

these countries conform with the convention. The motive of the crime

(financial or other material benefit) is specifically stated only in the EU and

Pakistan. Australia and Canada do not define what a structured group is.

Only the EU comply to the explanation given in the convention. None of the

states require the period of existence.

Canada, Malaysia and Australia do not define the term ‗human

smuggling‘. Pakistan and the EU and the US define the term. The Protocol

does not consider human smuggling when the transportation is organized on

humanitarian grounds. Except Netherlands, none of the other countries have

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not included monetary benefit as a motive of the crime. Australia punishes

even if the pecuniary gain was not realized by the organizer. The Canadian

law does not expressly require the element in the IRPA. Nevertheless, the

judiciary clearly has laid down that transporting people on humanitarian

grounds does not amount to people smuggling. All these domestic legislations

do not identify human smuggling as an organized crime as recognized under

the UNCTOC and the Protocol.

Maritime human smuggling is considered more serious than smuggling

by air. In spite of this fact, the Protocol has failed to give sufficient attention to

that matter. Instead, it requires the states to adhere to the international law of

the sea. However, the discussion revealed that treaties relating to

international law of the sea do not have any provisions in relation to maritime

human smuggling. This is obvious because at the time of adoption of

UNLCOS, human smuggling was not in the international agenda.

The second objective of the Protocol is to provide assistance and

protection to the smuggled migrants. In respect of this objective, Protocol did

not give much attention from the drafting stage of the instruments. It mainly

focusses on criminalization of the offence than the protection of the rights of

the migrants. Protocol requires the states to not to punish the migrants and ,

provide assistance and protection for them and recognize the particular needs

of women and children. Nevertheless, it has failed to give any details as to

what kind of assistance, needs and rights should be extended as in the

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trafficking protocol. It simply asks the state parties to consider the rights

previously recognized in international human rights law.

The third objective is to extend international cooperation in eradicating

TOC including human smuggling. In respect to this subject matter, Protocol

and UNCTOC should be taken into account together. The important

transnational cooperation is extending MLA and extraditing the accused to the

requested state. These two matters are purely on the state‘s willingness.

However, in absence of treaty between states, UNCTOC provisions guide in

these matters. Apart from these two, UNCTOC encourages states to establish

extra territorial jurisdictions to punish the offenders and provide other

technical and technological cooperation.

Transnational obligation of these instruments is mandatory while

discretionary and few are optional. UNCTOC does not want to impose many

things on states, rather, it obliges the state parties to fulfill their duties subject

to the principle of sovereignty and territorial integrity of states. Hence, states

have the freedom to fulfill international obligations according to their own will.

There is no treaty-based mechanism to supervise the level of implementation

and provide necessary recommendations in any matters arising from it.

(c ) Chapter IV

The analysis shows that TOC is a serious issue in Sri Lanka. Human

smuggling is connected to drug and human trafficking, corruption and money

laundering. Inward and outward movement with the assistance of human‘s

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smugglers take place via different transit points. Transportation of people is

organized by OCG, flexible criminal groups, family, social networks and

corrupted public officials.

Large numbers of Tamils from the northern and eastern districts obtain

the service of criminal network. Relatively a small percentage of Sinhalese

and Muslims are eager to use this irregular channel. Majority of the migrants

remain between the age group of 18 to 44. They are from a less educated

background and belong to the low-income group.

The intended destination of the majority of respondents was Australia.

Smaller vessels have been used to carry large number of people. The

journey had started from authorized and unauthorized sea ports. Migrants had

not got basic facilities. Fifty percent of the attempts were unsuccessful due to

the actions of coast guards and airport authorities.

Poverty, unemployment, lack of job security and security threats are

the causes for this venture. Among these, the major reason is the source of

livelihood.

In general, a long time is taken to finish the cases against the migrants.

Fifty percent of the agents have not been arrested by the authorities.

Further, the migrants did not give evidence against the agents due to the fear

of being threatened. They also want to get their services in future. Some of

them were not given a chance to testify.

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(d) Chapter V

With respect to organized crime and human smuggling, there is no

specific legislation in SL. Other transnational crimes such as Corruption and

money laundering are dealt under special laws. The Bribery Act does not

address the private, foreign official bribery and corruption. SL does not have

arrangements to exercise extra- territorial jurisdiction in relation to these

offences.

Human smuggling is not defined and not treated as a transnational

organized serious crime. At present, the IME Act, Sections 45 A and 45 C

cover the essence of the crime. The objective of the IME Act is to regulate

immigration and emigration and not to penalize human smuggling. The above

two provisions namely 45 A and 45 C punish any person who brings in any

person to SL and transport any person from SL. Hence, it does not refer on

crimes that are committed by the OCG. Compared to 45 C section, 45 A

penalizes only the acts of harbor and conceal. Whereas, 45 C penalizes too

many acts. Therefore, 45C is broad enough in terms of actus reus. The

motive of the crime is absent in both these provisions. Soliciting benefits by

committing the offences under 45 C is one of acts that is considered to be an

activity coming under the meaning of ‗organize defined in 45 C‘. Both

sections do not refer to any aggravated offences.

45 C and 45 A (c) are non- bailable offences and the High court has

the power to grant bail under the Bail Act 1997. Concealing and harboring are

bailable offences for which the magistrate is empowered to grant bail. In

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relation to the punishment, the Act comply with UNCTOC; i.e. The maximum

punishment is five years. In respect to the punishment for falsifying and

possessing of fraudulent documents, the IME Act conform to the article 6 of

the Protocol.

Sri Lanka is obliged under international human rights treaties to protect

the rights of everyone without any discrimination provided that there are

enabling acts in SL to give effect to international obligations. Some of those

rights are enumerated under the ICCPR Act 2007, Right to Information Act

2016 and the Assistance to Victim and witness protections Act 2015.

Section 45 of the IME Act punishes migrants who violate the provisions

of the Act. Since they are considered as offenders, they do not have a remedy

under the Assistance to Victim and witness protections Act. If their

fundamental rights are violated, they can access to remedies through the

Supreme Court.

In respect to obligations, the MLA and Extradition specific legislations are in

place. The MACMA Act and Extradition Law govern these matters. The Major

lacuna is that there are no provisions for urgent MLA requests in the MACMA

Act. Only corruption and money laundering are extraditable offences under

Extradition Law and the immigration offences are not listed so.

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(e) Chapter VI

Except in Sri Lanka, all other selected countries have made human

smuggling a serious crime. None of the countries have a single law

enforcement agency to deal with the matter. Several agencies work together.

These agencies have administrative, quasi-judicial and criminal powers.

Irrespective of whether developed or developing nations, resource constraints

and corruption are major issues to implement the laws.

In Sri Lanka, there are no separate units established in the AG‘s

Department and CID to handle human smuggling related offences Lack of

cooperation among the agencies, backlog of cases, lack of understanding

about the crime, resource constraints and corruption and non- cooperation

from the smuggled migrants have been found as major impediments. Loss of

evidence and non-cooperation from the migrants are major problems to

commence the prosecution. Backlog of cases deny justice to the victims.

None of the organization have a database to record the number of arrests,

status of the cases and convictions.

A long time is being taken to finish the formalities of obtaining the MLA.

Similarly, extradition is also a lengthy process. Although there are two

separate bodies, the Ministry of Justice and the AG‘s Department are

entrusted to handle these matters, the process is carried out through

diplomatic channels. The diplomatic process eventually affects filing charges

against the culprits. The Ministry of Justice and the AG‘s Department

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duplicate their work because a similar process is followed in both the MLA

and extradition.

Like Sri Lanka, Pakistan and China also have similar law enforcement

measures. The major impediment in China is that they do not perceive human

smuggling as a threat but rather it is seen as a means of developing their

economy. A significant good practice followed in China is the registry of list of

suspected criminal networks / members which is maintained by all police

stations and a timeline is given to catch the snakeheads. If they fail, their

official duties will be withdrawn and the entire work is given to catch the

criminals. Since this is considered as a punishment, officers are motivated

and therefore put in more effort to arrest the suspects.

Pakistan is a major source country for human smuggling. It has taken

some progressive steps in relation to law and law enforcement. Pakistan has

a special law in line with the UNCTOC and the SM Protocol. FIA is fully

entrusted to handle human smuggling. It has developed a national action

plan, established an online complaint cell overseas, developed FIA liaison

posts in some countries and offered E-learning courses on law enforcement

procedures and investigative techniques.

Australia has introduced deterrence measures through legal measures.

It has added new offences in 2010 implementing mandatory detention for

smuggled migrants establishing off-shore detention camps and push back

operations from the high seas. To a certain extent, Australia has discouraged

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maritime human smuggling in the last five years. However, these measures

are against well-established international human rights principles.

Further, it has a good record of punishing foreign offenders of

transnational crimes including human smuggling through the extradition

process.

Australia has also taken joint measures with source countries and

transits. Notable measures are with Indonesia and SL. Australia and SL

exchange their cooperation in MLA and joint investigation. Australia providing

necessary training for law enforcement officers.

The US has given a definition on human smuggling. It is a serious and

an extraditable offence. The US has succeeded in punishing a notable leader

of a Chinese snakehead sister ring. She was extradited from China. The US

also has convicted a number of leading members of the human smuggling

network. Another good practice is that they have a centralized forum to bring

in all law enforcements together to discuss the matters on human smuggling.

Similar to Australia, it has taken several joint measures with foreign countries

to dismantle criminal networks. Like Australia, the US has faced severe

critiques regarding the treatment of smuggling migrants.

Like in the US and Australia, Canadian Law has punitive provisions to

punish the criminals. It is a serious and an extraditable crime like the above

two countries. However, with regard to the treatment of smuggled migrants,

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Canada is much better than the above two countries. Canada does not

practice mandatory detention. It respects the principle of non-refoulment.

Unlike in the US and Australia, once the migrants are released from

administrative detention, they are allowed to work.

Belgium was successful in convicting a large number of smugglers. A

network of police is created to execute arrests and conduct investigation. The

social media is playing a major role in investigation. A special network of

judges is available to hear the cases on smuggling. A public body has been

created and tasked with combat human smuggling and defend the rights of

the migrants. It follows the victim-centric approach toward the migrants. The

protection of the victim and the witness is highly ensured to bring the culprits

before the law to be punished.

Italy was pioneer in bringing the human smuggling protocol. Italy has a

special law on human smuggling. The transnational element is not required to

punish the offenders of human smuggling. Italy uses high tech devices to

catch criminal network. It has signed a readmission treaty with the country of

origin. This is a good mean to share the state‘s responsibility. There are

special arrangements in place to share information within the country and

outside the country. Similar to Belgium, the victim‘s and witness‘ protection is

ensured in Italy as well.

Two regional arrangements have been discussed in chapter VI. One is

the Bali process and the other one is the EU regional arrangements. The EU

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countries are more progressive in adhering to the regional arrangements.

They have made significant progress by joint actions and individual state level

measures. The Bali process has not progressed very much in reaching its

objectives. Compared to the membership of the two forums, the Bali process

consists more source countries whereas in the EU major countries are

destinations. Hence, in terms of resource, expertise, technology and

investigative techniques, the EU states are richer than the members of the

Bali process.

7. 2. Concluding remarks on the hypotheses

Based on the literature review, the following are the tentative

conclusions that were arrived at the beginning of the research.

o The existing Sri Lankan domestic Legal Framework with regard to human

smuggling has not adequately incorporated the core objectives set out in

the United Nations Convention on the Transnational Organized Crime and

the Migrant Smuggling Protocol, namely, to prevent and combat the

smuggling of migrants and protect the rights of the smuggled migrants.

o As a result of the non-incorporation of the stated objectives of the above

instruments in domestic legal framework, the smugglers escape from

punishments proportionately to the crimes that they have committed and

the violation of the rights of the smuggled migrants are not effectively

remedied.

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 The first hypothesis is proved based on the findings of Chapters V and

VI. Sri Lanka has ratified the UNCTOC in 2006. According to its legal system,

an enabling legislation is necessary to implement the obligations. Even after

more than a decade of becoming a party to this convention, SL has not made

any meaningful measures to bring in a law on TOC.

Nevertheless, other pieces of legislation such as the Bribery Act and

Money Laundering Act handle corruption and money laundering that are

connected to Human smuggling. Hence, in respect to penalizing the TOC, SL

has not taken adequate measures. In respect to international cooperation, the

MACMA Act and Extradition Law play a major role.

SL has not ratified the Protocol. Hence, it is not directly bound by the

obligations arising from the protocol. SL is a member of the Bali process

which aims to work according to the Protocol. The forum has drafted a model

law on human smuggling based on the Protocol for which SL has also

contributed. Additionally, the SL is a member of the drafting committee of the

UN Model Law on human smuggling. Further, SL has made expressed

commitments in the UN Human Rights Council in 2015 which addresses

human smuggling in a nuanced manner. SL has agreed in the bilateral treaty

with Australia to cooperate in matters relating to people smuggling.

Moreover, a number of Sri Lankans have been convicted in Australia,

Canada and the UK for people smuggling offences. By taking all these issues

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into account, it is clear that SL has failed to address the crime of human

smuggling adequately.

The second objective of the protocol is to protect the rights of the

smuggled migrants. SL is not directly obliged by this duty. However, SL has

obligations under international law treaties to protect the rights of the victims

of human smuggling.

Failure to take measures in accordance with the international

standards has contributed to a low number of arrests and proper

punishments. Even if SL brings in a new law to address, other constraints

found in the study have to be addressed. Rights of the smuggled migrants are

not effectively remedied.

7.3 Recommendations

As a signatory, Sri Lanka needs to give effect to UNCTOC by enabling

legislation to tackle transnational organized crime. It is recommended that a

definition on what is ‗organized crime group‘ should be given. Analysis under

Chapter III found that UNCTOC‘s definition is not suitable in today‘s context.

Hence, it is appropriate to create a definition which could accommodate all

types of criminal syndicates that carry out TOCs. The Act should give a

definition on serious crime. The motive of the crime should be included in the

definition. Further, the Act has to have an attached schedule to list serious

TOCs.

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 With regard to human smuggling law, two options are suggested.

Either (1) Sri Lanka can adopt a separate piece of legislation on human

smuggling to differentiate immigration offences or (2) IME Act can add a

separate chapter on this matter.

Human smuggling should be defined. This is very important to

understand the difference between trafficking and smuggling. The definition

should include the motive of the crime to release the people who have not

gained any benefit but to help the people on humanitarian grounds. The term

smuggled migrants should be defined in the Act.

As of now, section 45 C and 45 A punish bringing non-citizens to Sri

Lanka and facilitating irregular departure of persons outside Sri Lanka as two

separate crimes. The new bill has to combine both these together. A separate

section should be devoted to maritime human smuggling. Aggravated

circumstances have to be included in the proposed bill.

When deciding the punishment aggravated factors and the conditions

of the vessels, the number of smuggled migrants taken in the vessel have to

be given due consideration. Basic principles of punishment have to be

consulted to balance the interest of both the accessed and the victim.

Person / persons who are charged for maritime human smuggling

should be able to defend their case on certain grounds. Therefore, it is

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recommended that the proposed bill should specifically mention the defenses

available to them E.g.: necessity, distress, emergency situation ext

As in the Pakistan‘s Anti- Smuggling Act, 2018, an express statement

should be presented to say that ‗the smuggled migrants should not be treated

as criminals‘. In addition, it is important to educate the coast guard and the

immigration officials at the port to identify the smuggled migrants who have

faced mental, physical torture and sexual exploitation. A referral mechanism

has to be created to refer them for counselling, treatment and other necessary

assistance. An additional provision needs to be added to focus on special

needs of women, children and disabled migrants. Protection and remedies

available for the victims in the protection of the Victim and Witness Protection

Act, 2015 has to be extended to smuggled migrants.

Since private sector is also bribed in the process of human smuggling,

private sector bribery should be added as a punishable offence. Foreign

official‘s corruption too needs to be added. Awareness creation regarding the

Act is vital.

Law enforcement officers are not well informed regarding the offence of

human smuggling and international instruments which govern human

smuggling. It is appropriate to recommend that the Police Academy and the

Defense University have include a separate title on transnational organized

crime in their course curricula.

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 Although internal and overseas trainings are given to officials of the

DIE and AG‘s Department, they do have a vast knowledge about the crime,

international law and other regional mechanisms. Knowledge acquiring is

important to revise the laws, enact new laws and enforcing the law. Hence

the DIE, and AG‘s Department have to hire experts in this area to obtain an in

depth understanding. Officers attached to the legal unit in the DIE need to

engage in cross national studies to understand the laws of other countries.

This will enhance their knowledge.

Like what FIA Pakistan have, the CID and the AG‘s Department must

have a separate unit to handle TOCs. Since SL does not have the capacity to

create several agencies for multiple transnational crime, it is advisable to

create a centralized public body under the proposed organized crime bill that

could bring all law enforcement officials together. The body has to act with

separate units of other law enforcement agencies. This body can conduct

awareness programmes for the officers and the general public. This body can

collect data from various public bodies and create centralized data.

To get the cooperation from smuggled migrants, a victim-centric

approach should be followed. Officers have to build trust in them that they will

be protected during the trial. To get the details of the suspects, the social

media can be utilized. Further, the Computer Evidence Act has to be

amended to admit video conferencing and photographs as evidence.

The study found unemployment, lack of job security, low income as the

main causes to seek assistance from criminal networks to go abroad in

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search of greener pastures. The ESCR Covenant obliges SL to ensure

economic and social rights.

Directive principles of state policy enumerate certain principles with

regard to economic and social well-being. Article 27(7) of the Constitution

requires that the state shall eliminate economic and social privilege and

disparity and the exploitation of man by man or by the State. Further, 28(8)

requires to ensure that the operation of the economic system does not result

in the concentration of wealth and the means of production to the common

detriment. Hence, Sri Lanka needs to address the root causes of human

smuggling.

From time to time, Sri Lanka prepares a national plan of action to

promote human rights. Special issues and needs of smuggled migrants

should be focused in the future national plans. Awareness creation among the

general public is important to discourage the irregular movement.

It is very clear that the obligations under the UNCTOC and the Protocol

are transnational. Regional and international cooperation is necessary to

implement the above-mentioned suggestions. SL needs to express its issues

in the relevant forums/reports to achieve the goals of the international

community regarding transnational organized crime.

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