7. • To understand and evaluate the current
mechanisms to prevent human smuggling in future
for the benefit of the country.
• To examine suitable methods/ mechanisms and
modus operandi to prevent human smuggling in
future for the benefit of the country.
7
9. Legal Publications on human smuggling.
Emigration and Immigration Act.
Penal code amendment (Act.no: 16 0f 2006).
IOM Documents.
Protocol against the smuggling of migrants by land, Sea and air,
supplementing the United Nations. convention against
transnational organized crime.
SECONDARY DATA COLLECTION METHOD
9
10. H1 - Strengthening of existing mechanisms and
preventive measures will positively affects to minimize the
present Human Smuggling movements
Ho - Strengthening of existing mechanism and
preventive measures will not positively affects to minimize
the Human Smuggling movements
10
12. Maritime
surveillances.
Intelligence reports.
Awareness of existing
laws.
UN conventions and
international law
Legal awareness.
Life risk.
Assurance.
Income.
Social insecurity.
Job opportunity.
Bilateral relationship.
Joint and coordinated
maritime operations.12
13. Likert scale
Questionnaires
SLAF
SLN
SLCG
Victims
Foreign related people.
50% and more considered as positive response.
Interviews
SLN int (DDNI, SO (int-maritime).
CID Officials.
13
15. Analysis.
Summery of responses – victims.
0% 20% 40% 60% 80% 100%
Job opportunity
Social in
security/unsafe
Study
Permanent Residency
Life threat
Better life
percentage
Factors
Motive Factors for migration
positive Responses
Negative Responses
15
16. Summery of responses – Civilian
Sr.no Description Positive
Response
Negative
Response
1. The legal documents are required to migrate from country. 97% 3%
2. This type of migration is illegal. 98% 2%
3. This illegal migration is a not a criminal offense. 14% 86%
4. I am aware about the penalties for illegal migration/ human smuggling. 45% 55%
5. I know about the rights of the victims of smuggling. 67% 33%
6. I am aware about the passage, distance to Australia before. 46% 54%
7. I am aware about the risk or vulnerability of the passage to Australia. 60% 40%
8. I am aware about the agency, agent or responsible person for these
activities.
68% 32%
9. I am aware about the consequences of this illegal act. 83% 17%
10. I am aware about the job opportunities after migration to Australia. 76% 24%16
18. • Findings of SLN’s sponsors through primary data analysis.
• Majority of sea-going officers attached to southern naval area believed that,
• Existing surveillances systems are more useful but complex and it is not east to
adopt with civil law in the sea. Also, equipment onboard is not sufficient to meet
existing requirement.
• Replacement of the existing method by modern surveillances systems is essential.
• In the meantime, knowledge and the legal awareness of most of the sailors and
few officers in this field are not in satisfactory level.
18
19. • Finding from SLN.
• Majority of SLN persons agreed that, accuracy of the intelligence is in good standard and SLN
intelligence are maintaining a better coordination with the CID, TID, and Police department and
fishing society.
19
20. • Findings from Sri Lankan Costal Guard.
• Majority of Costal Guard officers attached to southern naval area believed that,
• Existing surveillances systems are more useful, but equipment onboard is not sufficient
to meet existing requirement.
• Replacement of the existing method by modern surveillances systems is essential and it
is needed to provide all supports in civil set up, not in military setup.
• In the meantime, knowledge and the legal awareness of most of the Costal Guard
officers in this field are not in satisfactory level. But they familiar to work in civil set up.
20
21. • Findings from the Victims of smuggling.
• victims were questioned and followings have been found. Finding and discussion. Legal
and general knowledge, general public opinion and suggestions are described below.
•
– People are well aware that, the human smuggling is illegal.
•
– They are educated about the Job, destination of Australia and an assurance is given
by agents.
•
– Majority is not concerned about life risk or life insurance and Fraud documents are
prepared by agents and no legal bond with passengers and agents.
21
22. Findings from Civil Society are,
a. People are well aware that, the human smuggling is illegal.
b. They are educated about the Job, destination of Australia and an
assurance is given by agents.
c. Majority is not concerned on life risk or life insurance and no legal bond with
passengers and agents.
d. Society agreed that, the legal documents such as passports, visa for migration
to other country is essential.
e. But, only few numbers of people are aware and considered as this is a criminal
offence.
f. The majority of the civilians did not aware about the punishments and penalty.
22
23. a. Significant increase of smuggling activities in year 2012 and it was
declined in 2013.
b. Same person was arrested in more than one occasion.
c. Existing scale of punishment insufficient.
d. Main motive factors are jobs and better life.
e. Lack of legal and general awareness.
f. The media publicity and active participation of CID is cause to reduce
the numbers of activities.
Finding from CID
23
24. Finding from Foreign related people.
24
•Existing surveillances systems are not sufficient to meet existing
requirement.
•Replacement of the existing method by modern surveillances systems is
essential.
•In the meantime, knowledge and the legal awareness of most of the
officers in this field are not in satisfactory level.
25. 1. Most of the individuals do not have an idea about the sea passage and other
conditions.
2. The civil society is aware about the responsible agencies, individuals who are
involving for these issues.
3. There was no any responsible person or organization to educate the boat people and
on vulnerability, life risk or distance of this sea passage.
4. The agents have given average information about the resident and the passage.
5. Majority of the people smuggled were given assurance and confirmation of their jobs
in Australia before they reach. However, people smuggled were not thoroughly, but
averagely aware about the responsible person who needs to be contacted when in an
emergency.
6. It is appeared that, preventive actions taken by SLN, CID and other organization
were given more impact to reduce smuggling in 2013.
Education/Awareness
25
26. The impact of bi-lateral and Geo-political relationship with Australia and
other Regional countries.
a. The positive impact of the international relationship on this issue.
b. The mutual cooperation and law enforcement has been caused to significant decrease of
the smuggling activities at present.
c. Significant decreasing of human smuggling activities (no’s of illegal migrants travel to
Australia) in last year, comparing the past years due to Australian Government’s wish to
build cordial relation-ship with Sri Lanka and Papua New Guinea and making MoU to
minimize.
d. A good impact was given by changing of Australia’s migration policy from 19th July
2013. So, nobody allowed settling in Australia without visa and people without proper
visa will be sent to Papua New Guinea for processing. If found to be a refugee, they will
be settled in Papua New Guinea, Nauru and Manus island, not Australia.
a. Role of “Bali Process”.
Global / Geo-Political Aspects and Bi-lateral relationship
26
27. The study has proven that, there is a strong relationship between preventive
measures, “modus operandi” and increasing the human smuggling. Further,
Strengthening of existing mechanisms and preventive measures will positively
affect to minimize the existing Human Smuggling.
Following measures are positively affected to decrease the human smuggling. they
are,
a. Awake the people by education awareness program through media.
b. Rehabilitation of IDPs.
c. Toughening the laws and orders.
d. Decreasing of access to Australia.
e. Augmentation of naval presence at sea and Implementation of
existing surveillances systems.
27
28. Coordinate with Sri Lankan Costal Guard to continue the Development process of
Combating Human Smuggling. Government should establish a civil institute to combat
human smuggling activities. This institute should be comprised with both civil people and
navy people.
Re-establishment of fishing marshaling points to cover possible launching points in coastal
area and carry out proper check/ inspection of fishing during departure and arrival
travlers.This process should not be conducted by the Sri Lankan Navy and Sri Lankan Costal
Guard should interfere to these activities.
Implementation of a modern tracking system to monitor suspicious boat movements.
Government should maintain a proper relationship with other countries in order to prevent
human smuggling activities in Indian Ocean. Therefore it is needed to build a civil institute
with the latest technological equipments.
Establishment of permanent deployments of intelligent personnel to suspicious locations,
fishing marshaling and fishing boats launching points by augmenting intelligent cadre. The
purpose of deployment of intelligence cadres are,
• Ground surveillances.
•Proper supervision.
•Close monitoring of movements.
•Identification by checking. 28
29. 29
•Implementations of efficient and prompt registration process for newly purchased
fishing trawlers.
•Cooperating with the fishery ministry and obtain details of boats for easy and
faultless identification.
•Ensure proper transaction when purchasing a new fishing craft.
•Multiplication of punishments for offender. (Facilitators and passengers) by
reviewing the existing scale of punishment and Acts. It will help to raise some funds
for Sri Lankan Costal Guard.
30. Implementation of awareness programs for both civil and naval
personnel through,
(1) News papers
(2) Propagandas
(3) workshops
(4) poster campaign
(5) media
Increasing the bi-lateral cooperation with Australian Government
through,
(1) Joint maritime operations.
(2) Memorandum of Understanding.
(3) Strict rules and regulations.
(4) Review and tighten the legal framework.
30
31. Implementation of local and foreign legal framework and
UN’s conventions.
Augmentation of shore - based Radars and installation of new
stations.
Establishment of direct communication link to contact SLN
with fishing society, fishing marshaling points, SLCG, CID and other
important organizations.
Setting a clear agenda for intelligence sharing, naval co-
operation with Australian Government.
31
32. Concept of globalization.
Sri Lankans use to depart from the motherland for many reasons.
Significantly increasing from 2009-post war period.
Seriously damages the countries pride and dignity.
Efforts of SLN, CID, TID and other org.
Bi-lateral relationship between Sri Lanka and Australia.
Research has proven that, strengthening of existing mechanism and
preventive measures will positively affect to minimize the present
Human Smuggling movements to Australia from southern part of the
country.
32