3.5. Possible Means to Address Human Trafficking and Forced Labour

from Presence of Human Trafficking and Forced Labour In Labour Migration

Annexe 1: Cases of experiences of forced labour

through irregular means to meet the demand for cheap labour (Chuang, 2006, p. 146).

In trying to control trafficking within domestic borders, many governments adopt restrictive immigration policies that are sometimes unable to differentiate between smuggling and trafficking which then, can lead to summary deportation or incarceration of trafficked persons. This leads to the construction of a different cycle in which trafficking victims are exposed to further harm and re-trafficked while being deprived of access to justice. Importantly, though many governments offer trafficked persons the option to remain in the destination country, their stay is conditioned upon their willingness to assist the government in the prosecution of traffickers, which exposes them to further trauma by their retelling of narratives and by being placed in the locality of their traffickers (Chuang, 2006, p. 151). These factors are important in the case of Sri Lanka as well, which works within the understanding of trafficking that is informed by the amendment to the Penal Code of Sri Lanka 2006. As identified in the previous sections, definitions of what constitutes as trafficking and forced labour can vary from one country to another. Hence,

[i]t is not uncommon for national laws to have been passed which only have a limited practical impact because they do not properly cover all forms of forced labour. This is frequently seen in relation to trafficking where national laws may cover trafficking for sexual exploitation but not labour exploitation (International Trade Union Confederation , 2009, p. 7).

Similarly, the prevalent discourse around trafficking and forced labour tends to focus on the sex-trade and therefore, much of the focus is on the plight of women and children (Weitzer, 2007, p. 455). This leads to a mainstreaming of funding for specific human trafficking related issues with men and maledominated sectors such as work aboard ships and large plantations in the local economy being side lined. Enforcement agencies also largely neglect the broader phenomenon of trafficking into agriculture, domestic service, restaurants, hotels, manufacturing, and construction, as they are concerned with the rescue and/or prosecution of the victims and perpetrators associated with the sex-trade. This is evident in successive TIP reports as well, where prosecutions of perpetrators of trafficking is a key measurement of progress.

Furthermore, the Palermo Protocol itself has several shortcomings. First, there is no explicit protection from prosecution for the victim and therefore, a victim could be prosecuted for a crime they were forced to commit such as prostitution, working without a permit, or being in possession of false documents. Secondly, victims who remain in a country to be a witness for prosecution could be detained for months without access to critical support services or employment as victim assistance is optional. Third, the protocol does not discuss “reintegration” or a mechanism to provide service upon reparation to ensure that a victim is able to re-enter society (Kim & Chang, 2007, p. 31). Notably, however, there has been a growing importance placed instituting prevention. Studies show the ingrained aspects of poverty, gender discrimination, abuse and lack of education as root causes that need to be dealt with, in order to reduce trafficking. The failure to link these causes to the policy level, especially with regard to trafficking and forced labour, allows a platform for agents and traffickers to continue recruitment especially where the economic context remains rather volatile for prospective migrants.