Human smuggling should not be confused with trafficking - ILO

Rasika Somarathna

Human traffickers in many instances escape detection or end up with lesser punishment, as law enforcement officials often confuse cases of trafficking with similar offences or other crimes, experts said yesterday.

They said victims were often treated more like illegal immigrants, smuggled migrants, prostitutes or illegal workers than abused victims of human trafficking.

Police in Sri Lanka often confuse trafficking with cases of similar in nature, Secretary, Ministry of Justice and Chairperson, National Anti-Trafficking Task Force Kamalini De Silva said.

She was speaking at the launch of a resource guide for media and presentation of highlights of the International Labour Organization(ILO) programme on trafficking at Jaic hotel, Colombo on Wednesday.

According to Attorney-at-law, consultant for ILO, Gehan Gunatilleke, it is not only law enforcement that confuse human trafficking with other similar phenomena such as human smuggling but the media as well. According to Gunetilleke inaccurate reporting may dilute the issues or harm victims. According to him the media guide released Wednesday will help Journalists to overcome such inaccuracies.

Smuggling of persons is seen to involve a voluntary agreement, to which the smuggled person has been a party.

Hence, at least in theory, smuggling should not be confused with trafficking, which by definition involves deception, fraud or coercion for the purpose of exploitation.

Though they are often confused, human trafficking and smuggling are separate and fundamentally different crimes. Human trafficking is a crime against the person whereas smuggling is a crime against the state.

De Silva believes that Sri Lanka has already introduced stringent laws to punish pepetrators with the April 2006 amendment to the penal code which prescribes punishments of up to 20 years imprisonment. Also Sri Lanka has ratified many international conventions and has established a shelter for women and children victims recently.

Recognising government efforts at curbing trafficking, the US annual report on human trafficking too upgraded Sri Lanka’s status from tier 2 watchclist in 2011 to tier 2 in 2012 she added.

Kamalini De Silva believes that the draft Bill for the Assistance and Protection of Victims of Crime and Witnesses which is now before the Cabinet for approval will enhance further government efforts at curbing human trafficking.

Several experts on the subject noted Wednesday that they believe better coordination among relevant state authorities, enhanced interaction with international partners and better protection and assistance to victims will help improve standards.