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THE IMPACT OF POST - WAR SITUATION ON HUMAN
SMUGGLING FROM SRI LANKA TO AUSTRALIA
CHAPTER ONE
INTRODUCTION
1. Human smuggling is one of the fast growing illegal activities in the world. It is an illegal
movement or transportation of people from developing countries to developed countries in order
to seek a better living environment or living condition. Each year, hundreds of thousands of
migrants are moved illegally by highly organized international smuggling groups, often in unsafe
or cold-hearted conditions. This phenomenon has been growing in step by step in the recent
years, not only Sri Lanka but also other countries all over the world. There are numbers of
reasons for the People to migrate the country legally or illegally. Thus, this paper will discussed
the impact of post-war situation on human smuggling from Sri Lanka to Australia. In this
research, the post-war situation is defined by five main components. They are, the political,
legal, security, economy and the social environment.
2. Illegal migration can be categorized as two types. They are, human smuggling and human
trafficking. Human smuggling is an illegal migration though the international border and the
migrant have freedom leave and change job in the new country. Human smuggle is a co-
operating process and they are not necessarily a victim of the crime of smuggling. Human
trafficking is an element of force, fraud or coercion. People have no freedom and become
victims. They have enslaved or limited movements. Many times these are victims of physically
or mentally damaged Humans. They become victim of sexual abuse of physical abused. It may
happen in child, woman or adult. The victims are found in sweatshops, domestic work, restaurant
work, agricultural labor, prostitution and sex entertainment.

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3. These two types are more interrelated. Many of the human smuggling may be a human
trafficking. The both the system are common of the elements of fraud, force, or coercion. Both
are illegal and violated the one or two countries law and the international laws as well. It may be
costly for one or two countries. In the ancient time it was known as the “trade of slavery”.
Human smuggling is defined as "the facilitation, transportation, attempted transportation or
illegal entry of a person or persons across an international border, in violation of one or more
countries laws, either clandestinely or through deception, such as the use of fraudulent
documents". They are using unsafe transport methods such as containers, boats and closed
vessel. And also they are travelling through sea, land and air (Salt 2000).
4. The United Nations Conventions on human smuggling describes, the “Protocol against
the Smuggling of Migrants by Land, Sea and Air”. As per the UN convention, human smuggling
is “the procurement, in order to obtain, directly or indirectly, a financial or other material benefit,
of the illegal entry of a person into a State Party of which the person is not a national or a
permanent resident.” (Salt2000).
Historical background
5. Present day the human smuggling is defined as same nature as the Slavery in the ancient
era. It has long history and engages with human culture. In pre-historic graves in 8000BC found
in Lower Egypt used Libyan people enslaved to a San tribe. Slavery is begun after the Neolithic
revolution about 11,000 year ago. The bible says slavery is established institution. The men
become slaves by nature called as natural slavery; it is accepted by the Aristotle. After the
Roman Republic expanded outwards, the enslaved become prominent these consist of Europe
and the Mediterranean. Greeks, Illyrians, Berbers, Germans, Britons, Thracians, Gauls, Jews,
Arabs, and many more were slaves used not only for labour, but also for amusement. The late
Republican era, slavery had become a vital economic pillar in the wealth of Rome and very
significant part of Roman society (Salt 2000).
6. The early medieval slave trade the Byzantine Empire and the Muslim world were the
destinations; the important sources are pagan Central and Eastern Europe, along with the
Caucasus and Tartary. Viking, Arab, Greek and Jewish merchants were all involved in the slave
trade.

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7. In Sri Lankan history has not given sufficient evidence for trade of slaves in ancient
kingdom. However, culture of slavery was existed in the ancient society in the country. During
the British rule in Sri Lanka after the colonization, numbers of workers were transferred from
south India to utilize for works in the tea states. This practices was continued till the achieving of
the independence. However, no evidence for human smuggling from Sri Lanka during such time.
Situation of Sri Lanka in Post-war era
8. Sri Lankan Armed Forces took almost 30 years to militarily defeat the LTTE terrorists,
which is “the world most ruthless terrorist organization”. The fourth Ealam war was started and
continued until its termination on 2009 may. For more than three decades, the LTTE controlled
the north and eastern part of the Island and the government brought the control of the LTTE
occupied territory and it was the end of the bloody and merciless era.
9. Thereafter, peace development and rehabilitation process were commenced in war
affected area to establish the sustainable peace on the basis of democratic inclusion and justice.
As per the information available in the www.defence.lk website, the transformation from the
conflict to post-conflict society is a long and a complex process which the Island has hardly
achieved. This defeat created confounded mind set on the minority Tamils and they thought that
end of that evil war does not necessarily mean the end of an “Ethno-Political” conflict. Besides,
it is caused to create many constrains as majority Sinhalese in the country was making attempts
to dominate culturally and socially, so called, the “triumphalism” and the “Majoritarian” mindset
of the regime which may not convenient to the minorities. The minorities considered that the
migration as one of the best solution at that kind of situation.
10. During the period of last 30 years of war in our country, Sri Lanka, The LTTE engaged in
human smuggling, drug trafficking, bank and financial fraud and a range of other criminal
activities to fund their operations and strengthen the power. The LTTE used their own and other
human smuggling networks to move its leaders, members and their families to other countries.
11. Human smuggling and human trafficking have significant differences. Human trafficking
can be defined as the recruitment, transportation, transfer, harbouring or receipt of persons, by
means of the threat or use of force or other forms of coercion, of abduction, of fraud, of
deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of

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payments or benefits to achieve the consent of a person having control over another person, for
the purpose of exploitation. Human trafficking is one of the methods of obtaining slaves. They
have enslaved and limited movements. Many times, physical and mental abuses will be taken
place. Further, people may be victimized for sexual abuse. It may happen to child, woman and
adult.
12. As per the past statistics in the country on human smuggling, most of the peoples who
were arrested when attempting to illegal migration during the post-war period (from 2009 to
2016) were Tamils. As per the statistics provided by department of naval intelligence, nobody
was arrested in 2010. In this backdrop, Human smuggling at sea has been significantly increasing
since the termination of war in 2009. Further, available statistics and information gathered from
various sources revealed that, the trend of smuggling to Australia had been significantly
increased after the war in 2009. However, the activities, incidents were taken place even before
the war period whereas the trend to move to Australia was not a prominent. Generally, Sri
Lankan, most of the Tamil society lived in various locations in the Island used to travel illegally
at sea to other countries such as, Canada, Thailand, and Indonesia atc.
13. Sea, Land and Air are the three ways of migration. Sea is easier and less disturbed means
of migration. The statistics shows there are 136,605 Sri Lankan refugees are staying in various
countries in the world. According to latest statistics of the naval intelligence, there are 88
refugees and 243 asylum-seekers came from other countries in mid-June 2012 (salt 2000).
Statistical data of SLN provided that, the total 4518 personals have been arrested during post-war
period (from the year 2009 to 2016). Out of them, 418 Sinhalese, 3615 Tamils and 239 persons
were Muslims and other nationalities. There were total 95 no’s of smuggling boats arrested
during that period. It seems that, the trend of human smuggling has been increased and most of
the people who leave the island are Sri Lankan Tamils (Sources: Department of Naval
Intelligence).
14. According to the existing data and statistical information, observations could be made
that, human smuggling in Sri Lankan to Australia has been conspicuously increased immediate
after termination of 30 years of war on 2009 and that increasing was existing up to 2013.
Subsequently, the trend of human smuggling declined due to various reasons which have been

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explained in subsequent chapters in the research. This research study would be helped to confirm
hypothesis of the study and to find out how far it fil the gap with the real facts.
15. In this study, the period from 2009 to 2016 was considered as post-war era. The research
was discussed the impact of post-war situation on human smuggling under five different
components. They are,
a. The effect of the post-war political stability and the political environment on
human smuggling.
b. Effect of the economy after the war in the country on people to leave to Australia.
c. Legal aspects of the country after the war in 2009 and how it’s effect to the
smuggling activities.
d. Social impact will analyze the effect of the situation on the society.
e. Security aspects of the country during that period.
Table: 1.1 - Apprehended Illicit Emigrants summary of arrested human smuggling vessels
/ Personnel– Source: Int. report -Dept. of Int.SLN (arresting of people smuggled
between2009-2016)
DETAILS OF CREW
SINHALA TAMIL MUSLIM OTHER
237 39 05 -
281
DETAILS OF ILLICIT EMIGRANTS
SINHALA TAMIL MUSLIM
OTHER
MALE FEMALE CH'EN MALE FEMALE CH'EN MALE FEMALE CH'EN
592 26 24 2936 301 395 214 10 10 07
642 3635 234 07
4518
TOTAL NUMBER OF ILLICIT EMIGRANTS 4518
SUMMARY (2009-2016)
YEAR NO. OF BOATS ARREST PERS.

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16. The purpose of this study is to conduct a research through carrying out survey on existing
sources and research papers of smuggling of migrants from Sri Lanka and to provide gap
analysis of existing knowledge from a Sri Lankan perspective.
Problem Statement
17. Human smuggling is an illegal practice, which adversely affects the country’s image and
reputation. It was noticed that, most of the people who migrate illegally are Sri Lankan Tamils.
Although few of them are secured after arriving to the destination that is in Australia, most of the
people have been ruined and remained in refugee camps which create a real burden to the
Australian government.
18. This research study will support to find a better solution to the research problem.
Therefore, the research problem concerns that, “Is there a relationship between the increasing
of human smuggling from Sri Lanka to Australia and the Post-War situation in Sri
Lanka”? Besides, it has been proved by statistical data that, there is a significant increasing of
the human smuggling from the country to other countries mainly Australia, just after termination
of 30 years of war. There are numbers of reasons can be highlighted. But, the main reasons for
that kind of increase are still having not been found. Therefore, the relationship between human
smuggling from Sri Lanka to Australia and post-war situation need to be examined in greater
depth.
2009 07 176
2011 03 70
2012 62 3008
2013 16 1019
2014 03 132
2015 02 82
2016 02 31
TOTAL 94 4518

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19. Thus, numbers of researches have been conducted to study the post war situation and the
increasing of human smuggling activities (ex. Research on “Sri Lankan Boat Migration to
Australia (Motivations and Dilemmas)” by Emily Howie and “From Post-war to Political
Solution and Development in Sri Lank” by N Shanmugaratnam, Transcurrents, on May 8, 2010).
But, the real reason might not be the termination of war situation for increasing of smuggling.
Therefore, this study need to find the way to fill the gap between the known reasons and any
other causes which may directly impact to the smuggling.
20. As a consequence, Sri Lanka will gain a public censure due to illegal migration. It has
caused to build an international pressure on Government of Sri Lanka because the most of the
people who have been arrested during sailing to Australia propagate that the present security
environment and economy of the country are unhealthy for them.
21. The study will also focus on to find out, what are the modus operandies or mechanisms to
prevent the existing human smuggling to Australia from North Western part of the country? And
relationship between increasing of human smuggling and post-war situation in the country.
Hypothesis of the research
22. The research is conducted based on the Hypothesis indicated below. The independent
variable is Post-war situation and dependent variable is the human smuggling. This hypothesis
leads to study the impact of the post-war situation on human smuggling. For this study, the post-
war situation is defined as political, legal environment, economy, security and social situation in
the country.
H1 - Post – war situation resulted in an increase in Human Smuggling from Sri Lanka
to Australia.
Ho - Post – war situation did not result in an increase in Human Smuggling from Sri
Lanka to Australia.

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Introduction to Chapters
23. The research paper is organized with seven chapters and finally the recommendations
have been included. The explanations of each chapter are indicated below.
a. Chapter one. It includes the introduction, background, objectives, research
problem and the significant of the research study. The origin of the human smuggling and
how it different with the other illegal acts in the same nature, the brief information of the
historical details, past statistics and data also have been discussed in chapter one.
b. Chapter two. It includes a comprehensive study of the previous researches
done. Literatures of the subject area were critically reviewed. Books, articles, journals,
statistical reports related to the field of human smuggling and analysis of the interview
conducted with the expertise personalities on this issue has also been taken into
consideration. International publications, web articles and, the interviews with the
renounced personalities were referred for the critical review in this chapter.
c. Chapter three. The research methodology including the research design, the
main objectives of the research, the collection methods of primary and secondary data,
the hypothesis need to be proved, conceptualization, operationalization processes were
described in this chapter.
d. Chapter four. It includes a comprehensive analysis of the data which have
been collected by various methods and indicates as the graphical presentations.
Statistical data have indicated on the graphs.
e. Chapter five. In this chapter, findings and discussion and essences of the
study are discussed. Statistical analysis shows with the critical discussion through
focusing the research questions and hypothesis. The discussions related the finding to the
literature in term of showing what the research has contributed to the literature on the
topic and what the literature can do in helping to show the meaning of the research.

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f. Chapter six. The conclusion of the research after the critical analysis of the
findings has been discussed in this chapter. Final recommendations also have been
summarized in this chapter as the final outcome of the research. This chapter bring
together the work done and what has been found. It is more than the summery of the
research.
The Objectives of the Study
24. The objectives of this study are,
a. To identify the root causes for the human smuggling during the post war era to
Australia from Sri Lanka.
b. To identify the impact of human smuggling to Sri Lankan society.
c. To find out the solutions for the mitigation of human smuggling..
Research questions
25. Human smuggling is one of the endless burdens to a country and it had been occurred
even before the war era. Besides, this research will be focused to find out whether is there a
prominent increasing of smuggling in post war era than before?
26. The other questions need to be solved are,
a. What are the other reasons for smuggling activities in Sri Lanka?
b. What are the populations involved?
c. What is the effect of the Sri Lankan society, economy, culture, and security,
political and legal implications?

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Significance of the Study
27. The purpose of this study is to conduct a research through carrying out survey on existing
sources and research papers of human smuggling in Sri Lanka and to provide gap analysis of
existing knowledge from a Sri Lankan perspective.
28. The post-war environment caused to increase the human smuggling, significantly. It has
been found that most of the incidents were reported from Australia. This practice is contradictive
to the existing law declared through UN’s convention. Therefore, individuals or groups of people
who involve with these illegal activities may face disastrous life risk and consequences and also
they are fixed with the international and domestic low and orders. In the other hand, it caused to
damage the dignity, bi-lateral relationship and mutuality of states involved and effects to their
security, economy and socio-cultural aspects.
29. This study is enormously benefitted to the victims of human smuggling to awake and
secure their lives and also this will alert the responsible organizations and to initiate the legal
action against the organized groups who involve the illegal act. Further, it benefits to government
body to identify reasons, seek the preventive mechanism or methods, and obtain precautions.
SLN will be benefitted by this for develop maritime surveillances systems and build up bi-lateral
relationship with other Australian Navy in operational and training aspects. This ties with the
other regions will be enormously benefited to improve out systems of combating human
smuggling.
30. Leaving the country is not established in to anyone’s mine spontaneously. It may be a
result of a burning crisis of somebody’s mine or opinion of some group of people who might be
victimized by any reasons such as political, social, security, economic or personal. Thus, this
study will help to find the causes of the problem and suggest the solutions.
Scope and Limitations of the Study
31. The political influences are limited areas to discuss during the research. The intelligence
departments of Sri Lanka Navy, NIB, CID and TID are involving to conduct comprehensive
analysis and deep investigation on this issue. Therefore, some important details may not be able
to obtain from aforesaid organizations. Some of the information were refused to provide by CID

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and navy Intelligence due to the restriction of disclosure of critical information. Further,
interviews were conducted with the individuals who are victims of the smuggling were refused to
provide some salient information. The political interference and influences could not be
disclosed by interviewees and civil society due to personal matters.
32. The research was focused to north western area mainly Negambo, puttalam and Chillaw
districts as considerable incidents were taken place in this area during the recent past. Scanty
Information /Data regarding the activities, functions and involvement of Australian Government
were received as lack of sources other than internet/ web sites available.

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CHAPTER TWO
LITERATURE REVIEW
Introduction
1. The literature review was formed as per the conceptualization of the research and based
on the research problem statement. The literature review manly focused to the past studies,
records, case studies and previous researches done within following areas of study. What do we
know about the motivations of recent migrants? I recently travelled to Sri Lanka and met people
who were intercepted by Sri Lankan authorities’ en route to Australia. Their stories provide an
insight into some of their reasons for departure. They demonstrate that the economic concerns
that are motivating people are themselves inextricable from the effects of the war, post-war
struggles, political problems, persecution, discrimination and other forms of injustice.
2. The followings are the areas which will be discussed as the motivational factors on
smuggling in post-war era.
a. Political situation in post war era.
b. Post war economy.
c. Society.
d. Security and
e. Legal aspects.

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3. The literature review was provided more detailed facts about what others have done in
the area under the above mentioned aspects. The purpose of writing the review is to identify the
gaps in the previous studies, researches. The major issues or schools of thought were discussed
in the literature review. Research questions and/or hypothesis which are connected carefully to
the literature also have been reviewed.
Genesis of Human Smuggling
4. The ancient slavery is the genesis of present day illegal migration or human smuggling.
The holy bible stated, the slavery was established in almost every ancient civilization in the
world. The details of the UN office of the drug crime- Global review (2011) indicated that the
slaves were mainly utilized for trade who were transported by sea or crossing the border by land.
In addition to trade, the concept of slave or bondage was used for domestic servants, servitudes,
debt bondage, child soldiers, forced marriages, forced workers and prostitutes, until this practice
was abolished by slave trade Act on 25th
March 1807 by the British parliament, considering this
as an illegal and an inhuman act.
5. Human smuggle has long history. In the ancient Mesopotamian and Mediterranean
civilization, Egypt, Akkadian empire, Assyria, ancient Greece and Rome were mainly consisted
with human salve systems. The rich families have two salves for a servants and land lord have
more than hundreds of salves. Salves were become by the punishment for crime, enslavement of
prisoners of war, child abundance and birth child of slave. Further, the slaves were more
importance factor of the Rome economy. Slavery was known in almost every ancient
civilization, such as Ancient Egypt, Ancient China, the Akkadian Empire, Assyria, Ancient
India, Ancient Greece, the Roman Empire, the Islamic Caliphate, and the pre-Columbian
civilizations of the Americas (UN office of the drug crime- Global review (2011)).
6. Emigration and Immigration Act, activated in Sri Lanka has established the legal
restrictions in order to control the entry of people to Sri Lanka and for the purpose of regulating
the departures of citizens and non-citizens from Sri Lanka, under the Act No. 20 of 1948. This
Act was later amended by Act no. 16 of 1955 and Act no. 68 of 1961. According to the data
stated in global review (2011), the maximum penalty for related offences was just five thousand

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rupees. But, the penalty is not strict enough. Therefore, it led to the exodus of large numbers of
Sri Lankans to foreign countries by unlawful means.
7. In the past decade, numbers of illegal activity related to the human smuggling were taken
place. Hundreds of fake visa offices, passport offices, identity card and birth certificate issuers
were functioned in areas such as Colombo, Negombo, Puttlam, Gampaha and Galle and they
were raided and suspects were brought before the court. These incidents were typical examples
of a wide deceptive network of human smugglers and traffickers dispersed around the country
stated in Global Review (2011).
Legal framework of Human smuggling
8. Evolution of law against the human smuggling. After 01st
January 1808, the
implementation of slave into the United States was prohibited; even though the internal slave
trade is remained neither same, nor involvement in the international slave trade externally. The
beginning of the American civil war in 1861 was the end of slavery in USA. Emancipation
proclamation issued by US President, Lincoln in 1863 made freedom of slavery in USA. The 13th
amendment to the US constitution in 1865 prohibited slavery throughout the country.
9. On 10th
December in 1948, the UN General Assembly adopted the Universal Declaration
of Human Rights, which declared freedom for slavery is internationally recognized Human
Rights. Modern law against illegal human smuggling was developed by UNODC in response to a
request by the UNGA to the Secretary General to promote and assist the effort of states to
become party to and implement the United Nations Convention against Transnational organized
crime and the protocols thereto (UN office of the drug crime- Global review (2011). UNODC, as
the guardian the United Nations Convention against Transnational Organized Crime (Organized
Crime Convention) and the Protocols thereto, assist States (2011) in their efforts to implement
the protocol against the human smuggling by sea, land and air.
10. Establishment of the International Law. International laws were established
under the UN’s conventions. The Article 2 of the protocol against the smuggling of migrants by
Land, Sea and Air, supplementing the United Nation’s convention against the transnational
organized crime is explained the purpose of establishment of the protocol by United Nation’s as,

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“to prevent and combat the smuggling of migrants, as well as promote cooperation among states
parties to that end, while protecting the rights of smuggled migrants. Also it is given the
definition of smuggled migrants. As per the Article 6 of the protocol, this offense has been
included in to criminal category, which committed internationally and to obtain for financial or
other material benefits.
11. International Labour Organization (ILO) is one of the important bodies which directly
involves with the human smuggling issues and mainly concentrates about forced labour, child
labour, migrant workers, on gender equality and discrimination, employment policy,
employment agencies, labour inspection, safety and health at work. The International maritime
Organiation (IOM) has involved in countering trafficking in persons within the wider context of
managing migration, providing an integrated response to prevent human trafficking, protect the
victims through targeted assistance and empower governments and other agencies to combat this
severe human rights violation more effectively. According to the UN office of the drug crime-
Global review (2011), The Office of the High Commissioner for Human Rights (OHCHR) is an
anti-trafficking program focuses on the integration of human rights.
12. The protocol stated the procedures and opportunities to initiate the preventive measures
to particular state involve with preventing human smuggling at sea, in cooperate with the
international Law of Sea (UNCLOS), by Article 7. The protocol is the first legitimate attempt to
differentiate the human smuggling and human trafficking.
13. As the guardian of the United Nations Convention against Transnational Organized
Crime and its supplementary protocols, the primary goal of UNODC, with respect to combating
migrant smuggling, is to promote global adherence to the Smuggling of Migrants Protocol and
support other nations in their efforts to effectively implement of combating human smuggling
through Prevent and combat the smuggling of migrants, Protect the rights of smuggled migrants
and Promote cooperation between state. UNODC's response is focused on two working areas.
They are Assisting states in bringing their legislation in line with the Protocol, and assisting
states in developing an effective criminal justice response to migrant smuggling.
14. Additionally, UNODC’s holds Training Workshops for Prosecutors on Investigating and
Prosecuting Migrant Smuggling. Migrants Protocol is consider as the toolkit for combating

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smuggling. Specifically, the Toolkit is intended to provide guidance, showcase promising
practices and recommend resources in thematic areas addressed in the separate tools.
15. The Palermo protocols to the convention of Transactional Organized Crimes.
This convention has formulated to become the parent convention under international law
for countering human smuggling. The human smuggling protocols referred as the “palermore
protocol” demands all parties to the agreement to take appropriate action to prevent and deter the
human smuggling and human trafficking under their legislation. Article 6 of the human
smuggling protocol provides provision to initiate legislative and other legal measures against
human smugglers and categorize human smuggling as a crime against the state. Brian Robinson
(2014) argued that, according to the Palermo protocols to the TOC convention, all activities
including organizing, supporting, promoting and attempting human smuggling should be
considered as criminal offences and be covered by legislation to prevent them escaping under
cover of soft laws.
16. Articles 8 of the same protocol allows the member parties to cooperate with each other to
combat human smuggling, allowing the parties to board and search vessels for possible human
smuggling and other transnational crimes of that nature. Brian Robinson (2014) suggested the
protocol encourages states to implement a strategy to strengthen their border control and
surveillance measures to detect and apprehend the law breakers and to punish them according to
the domestic law of the state
17. Bali process. The Bali Process originated as a regional, multilateral process
which has been designed to boost bilateral and regional cooperative efforts against people
smuggling and trafficking in persons through technical workshops and increased cooperation
between interested countries, the Office of the United Nations High Commissioner for Refugees
(UNHCR) and International Organization for Migration (IOM). Overall direction and
coordination of the Bali Process is provided through an officials' level Steering Group
comprising Indonesia and Australia as the two co-chairs, New Zealand, Thailand, UNHCR and
IOM (Brian Robinson (2014)).
18. The information are available Information available from the pubsales@iom and
international website of Bali process, and it stated that, the Bali process has initiated to build up
the Regional Support Office (RSO) which was officially established in September 2012 with the

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aim of facilitating the operationalization of the Regional Cooperation Framework (RCF), in order
to reduce illegal migration in the Asia and Pacific region. The aim of this mechanism is to
support and strengthen practical cooperation on refugee protection and international migration,
including human trafficking and smuggling, and other components of migration management in
the region. Further, website stated that, the recent conference of Bali process which was held on
March 2016 with the regional countries discussed, how to materialize the method to combating
with the illegal activities at sea such as human smuggling, human trafficking, refugees, asylum
seekers travelling by sea and Drug trafficking atc. Sri Lanka participated for the conference for
the purpose of enhancing the corporation between the regional countries.
19. Tamil diaspora. Gunarathne (2012) stated in the interview, the Tamil diaspora
became a crucial factor for the human smuggling mechanism even before the 2009. The Tamil
Diaspora has been exploiting & manipulating all social service systems in all the countries it has
presence in. The Tamil Diaspora are involved in human smuggling is nothing that the
Governments of Canada, US, UK, Europe & Australia do not know about. These Governments
are all aware of the connections. So, it is doubtful that why the Governments of aforesaid
countries not taking any counter measures to combating illegal migrant? The strong network of
Tamil diaspora emerged as a vital barrier to combating the human smuggling.
20. Lack of harmonization between nations and different legal systems. One of
the key challenges in fighting migrant smuggling by sea is the lack of harmonized understanding
of the phenomenon and legal definitions among the countries involved. Not all States are parties
to the Migrant Smuggling Protocol. Some countries have their legal system, yet to incorporate
specific anti‐migrant smuggling legislation into their domestic legal frameworks. In such cases,
smugglers may simply be charged under immigration or sea‐related crimes rather than with
serious transnational offences set out in the Migrant Smuggling Protocol. On the other hand,
particular acts that they have committed may provide the basis for investigation and prosecution,
for instance where violence or endangerment of life at sea is involved (Gunarathne (2012)).
21. The domestic legislation system of one country may be different with other country.
Therefore, some smugglers may be able to avoid severe penalties. Different definitions of
migrant smuggling across jurisdictions can have a profound effect on the ability of states to bring
smugglers to justice. Irregular migrants may arrive by sea in one country with the intention of

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then travelling on by land or air to other countries in the same region. Where definitions are not
harmonized and different legal system across those countries, different approaches may be taken
in response. Similarly, where smugglers transport migrants across several countries to their
destination, lack of harmonization between countries of origin, transit and destination may mean
that the response cannot be easily coordinated. Therefore, smugglers and migrants can easily
escape UN office of the drug crime- Global review (UN office of the drug crime Global review
2011).
22. Before the war is terminated, human smuggling by sea is not much concentrated as the
government was giving fully concern towards the LTTE activities and sea tiger movements.
Therefore, both Sinhalese and some minorities (Tamils, Muslims) were facilitated to travel from
sea to Australia and other countries. The lack of cooperation and weak inter-relationship among
the other nations did not allow overcoming or stopping those illegal activities.
23. Further, there were no effective penalties against the smugglers from the court. Where
smugglers do not receive sentences in proportion to the severity of their smuggling crimes, they
may soon be released back into the community and continue their criminal activities.
Contrariwise, where sentences are rigorous and take into account aggravating circumstances such
as endangering lives at sea, key smugglers may be removed from the network sending a strong
message to others that may have a deterrent effect.
24. Another challenge particular to situations of migrant smuggling by sea concerns the
nature of territorial jurisdiction. It is not always easy to determine where a sea border has been
crossed and therefore the place where a crime has been committed. Different laws are applicable
in different seas; some allow travel on internal waters without specific authorizations, in others,
irregular migration cannot have occurred at law until irregular migrants set foot on land. These
challenges stress the need for universal harmonization of understanding in accordance with the
Migrant Smuggling Protocol so as to address lacuna in current legal frameworks.
25. Domestic law enforcement against the human smuggling. Sri Lanka has
introduced amendments to counter-trafficking laws in a move to bring national legislation in line
with international law. The amendment has changed the definition of trafficking in the Penal
Code, as required by the UN protocol against human trafficking. The IOM played a key role in

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the formulation of the new laws and provided recommendations to list “the abuse of a position of
vulnerability as a means of trafficking” in the Bill, which was passed by Parliament. IOM
developed guidelines and recommendations which served as a legal framework for the Ministry
of Justice and Law Reforms to bring in amendments.
26. Most of the law enforcements have been established for combating human trafficking.
There is a significant different between the human smuggling and human trafficking by
definition itself. According the Mr. Faizer Shaheid mentioned in the Ceylon Today newspaper,
human trafficking is a major issue in the country where a number of persons fall prey at the
hands of traffickers who make tremendous gains from their victims. It refers to the illegal trading
of human beings, most often for the purposes of sexual slavery, forced labour and for many other
purposes which include surrogacy, extraction of organs and tissues among others.
27. However, the human smuggling is taken place with the willingness of the people being
smuggled. Further Mr. Faizer Shaheid stated that, its report for 2015 claims that Sri Lanka does
not fully comply by the minimum standards for the elimination of trafficking, although
significant efforts were made by the government. Sri Lanka was placed on the Tier Two Watch
List for the third consecutive year, although Sri Lanka's failure warranted a drop to Tier Three.
The report claims that Sri Lanka had been granted a waiver, because the new government had
submitted a written plan on how it would combat trafficking in persons. Thus, the existing laws
are not sufficient for the combating human trafficking and also existing laws should be revised to
counter human smuggling. Therefore, it is visualized the clear demarcation should be needed
when formulation laws for human smuggling from trafficking. Further, presently country apply
the constitution of immigration and emigration Act for incidents of human smuggling.
28. What are the key laws applicable to human smuggling in Sri Lanka? The
key law applicable to human smuggling is enclosed in the Immigration & Emigration Act No. 20
of 1948 as amended. Sections 45, 45A and 45C as amended in 1961, 1993, 1998 and 2006
remain the relevant provisions. Section 45C specifically addressing the concern of facilitating
persons to leave Sri Lanka maintains that ‘Any person, (a) who organizes one or more persons to
leave Sri Lanka in contravention of the provisions of the Act or (b) attempts or does any act
preparatory to, or aids and abets any other person to, so organize shall be guilty of an offence and
upon conviction be liable to imprisonment of either description for a minimum of 1 year up to a

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maximum of 5 years. The term ‘organizes’ includes the transportation of persons by sea, land or
any other manner without obtaining valid travel documents, receiving and harbouring persons
whether in Sri Lanka or in a foreign country, and soliciting pecuniary benefits from persons
whether or not any such benefit was realized.
29. In addition to S. 360 of the penal code several other provisions dealing with offences such
as ‘procuration, fraud, money laundering come into play as do provisions in the Immigration &
Emigration Act, Sri Lanka Bureau of Foreign Employment Act, Brothels Ordinance, Vagrants
Ordinance, and Employment of Women & Young Persons Act.
30. Australian Government’s law enforcement for combating human smuggling.
Australia has signed the United Nation’s convention against transnational organized crimes on
27th
December 2001 and ratified on 27th
May 2004. Sri Lanka signed on 13th
December 2000.
Australia proposed to establish a new joint working group on people smuggling and border
security with Sri Lanka. The first meeting could be held in late 2012. Sri Lanka and Australia
collaborate on people smuggling issues under the Australia-Sri Lanka MoU on legal cooperation
and coordination through the capability building activities with police, Coastguard, Navy and
Customs personnel.
31. Australia also has a new policy with Papua New Guinea to assist the receiving state to
analyze and vet smuggled immigrants for refugee status. This will help to identify only the
desired personnel as per the refugee convention. EU nations have a similar arrangement where
asylum seekers are transited in another country (e.g. Turkey) to ascertain their eligibility and
start the application process therein. A similar re-admission agreement has been negotiated by
the Dutch government with Romania. These readmission programs through bilateral agreements
help identify eligible people for refugee status; but the ability of such countries to look after
asylum seekers has always been in question. This was well evident in the Palermo Protocol’s
“saving clause” which has protected the refugees from being deported of returned to a state or
place where lives and freedom might be more insecure and threatened (UNODC Global Review
(2011).
32. Information available in Bali process website, the Bali Process raised in 2002. Regional
awareness of the consequences of people smuggling in persons and related transnational crime,

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and developed and implemented strategies and practical cooperation in response. The Bali
process is a regional approach to combat the smuggling in the region. It has developed a more
effective information and intelligent sharing system, through the cooperation in regional law
enforcement. However, immediate after the termination of the 30 years of war, no strong laws
formed to counter the smuggling as the human smuggling was considered as least priority matter
comparing the criticality of the war. Therefore, the concentration given for that matter was small.
33. Before the MoU between the Sri Lankan Government and Australian Government,
numbers of incidents related to mistreatments, torture and violating the human rights of refugees
by Australia were reported frequently. According to the report made by the human right law
center in March 2014, Australia has forcibly returned over 1100 Sri Lankans since October 2012.
34. Australia’s Minister for Immigration and Border Protection Scott Morrison has been clear
in his intention to return all Sri Lankans. In the context of Sri Lanka recovering from three
decades of war and in a climate of ongoing serious human rights abuses, it is disingenuous to
cast all Sri Lankan arrivals in Australia as economic migrants. However, there were no any
interaction in that period between two nations. This circumstances led refugee to face troubles
and victimized for some mistreatments. Subsequently, Sri Lankan Government able to build up
the cooperation with the Australian government and that close cooperation was expressly aimed
at resourcing and supporting Sri Lankan interception of boats and preventing Sri Lankans from
leaving their country.
35. At times Australia may even share intelligence that leads directly to interceptions. The
interceptions frustrate the right that every individual has to leave their country and seek
protection. They also expose the intercepted people to the risk of torture and mistreatment.
(Emily 2014)
36. Sri Lanka the way forward to combat smuggling. Sri Lanka has always
shown a positive attitude towards Human Rights treaties, although it has not shown interest in
readily enforcing them. Combating smuggling and has always been on the agenda of Sri Lanka,
and as a result Sri Lanka has previously signed the United Nations Convention against
Transnational Organized Crime and both of its protocols in the year 2000.

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Post - war economy
37. It is obvious that, more percentage of smuggled people is Tamils. And also we can
clearly see that, migration has comparatively increased in post-war time than in the past. It seems
most of the Tamil people did not concentration or did not interest about the economic
development in the areas that their resided or most of them have been motivated to leave the
country.
38. After the war, the Sri Lankan Government has taken a large step to uplift the Northern
and Eastern parts of the country by starting development programs such as “Nagenahira
Navodaya” and Uthuru Wasanthaya” in war affected areas. The top economist, Dr. Saman
Kelegama says that, development and integration of both provinces into the rest of the country
has benefited the economy. These include key infrastructure projects in the North and East, and
the increase of economic activity in areas such as farming — East is now the largest paddy
producer — as well as the increase in fishing activity aided by the opening up of the vast coastal
belt in the North and Eastern parts of Sri Lanka have benefited both the people in the provinces
as well as the rest of the country.
39. As per Dr. Kelegama and other analysists, Sri Lanka has not fully harnessed the post-war
economic potential and the optimism. Further, they stated that Sri Lanka is continuing to pick
the ‘low hanging fruits’ of the ‘peace dividend’ without making the hard policy decisions
necessary for sustained growth of the country in future.
40. Dr. Kelegama mentioned that, the lack of Foreign Direct Investment (FDI) as the first
thing to be addressed. “Countries that came out of war like Vietnam were able to attract 4%-6%
of GDP in FDI, whereas ratio of FDI in Sri Lanka has been fluctuating between 1% -2% of
GDP”. Further, he pointed out that much of the FDI that Sri Lanka has attracted has been in the
hotel and real-estate sectors and not in the ‘productive sectors’ of the economy, which the
country needs to tackle, for growth.
41. The Economic & Political Weekly(2013) states that, the Australian minister for foreign
affairs, Senator Bob Carr has stated in relation to all boat arrivals in Australia that they are all or
primarily economic. Jose Alvarez, Australian immigration’s south Asia director, described Sri

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Lankan boat migrants as “economic refugees”, saying that the majority of Sri Lankan boat
migrants arriving in Australia from Sri Lanka had economic reasons for their journey.
42. Per the Sri Lanka’s high commissioner to Australia, Admiral (Rtd) Thisrara
Samarasinghe, the boat migrants are not fleeing persecution, but are economic opportunists
seeking a better life. He stated that, the most of the people arriving to Austraila are “economic
migrants” simply seeking jobs and higher living standards in Australia. Further he stated, the
boat migrants are “certainly not political refugees because there is nothing to run away from”
(Emily 2013). But, when we compare the statistics of human smuggling during the pre – war and
post-war periods, considerable increase can be identified and the trend of smuggling also
developed. Therefore, the statements given by the high commissioner to Australia would be
arguable and it is required to looking in to further.
43. In the immediate period following the termination of the war, a visible bump could be
seen in private sector activity. All major banks aggressively expanding their branch network and
the construction sectors enjoyed a significant boost. Yet, apart from a handful of prominent
tourism/leisure and property development projects, it has not been visualized any major
expansion in private sector investment in new and exciting sectors – either by domestic or
foreign players.
44. Eventhough, the termination of the war was led to create a better environment for the
economic development in the country; some segments were not correctly addressed to develop
by increasing their income level. Therefore, they seek the better economic opportunities abroad
and choose the easiest way to achieve their desire by travelling by sea. It has been notice that, the
poor living condition and poor income lead to the illegal migration for the people those who
were smuggled to seek the job opportunities in Australia.
Social aspects
45. Communal harmony. Communal harmony is a complicated concept to analyses: a
literature search across various academic disciplines indicated that it is rarely defined. It tends to
have broad implications; one well-cited article uses the term in conjunction with, “community
cohesion”, “inter-group empathy” and “mutual respect” and “peaceful coexistence”. No

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academic papers were found which defined or discussed social harmony in the country, directly.
Yet in the current Sri Lankan context, it is clearly an ideological term. Broadly speaking, the
term communal harmony fits within the current government’s post-war narrative of national
unity and social integration in the country. (Emily 2013).
46. Sri Lanka is a multi-ethnic society and the equality and partnership between majority
Sinhalese, Tamils and Muslim and also other minorities are fundamental for social harmony and
political stability. A clear perspective and directives were required to move forward on a
transitional path towards a post-conflict society for the uplift the living condition of the people
through making the socio-political cooperation among the nations. But, effort of the GOSL was
not successful on that process. Therefore, the trust on the Sri Lankan Government was left from
the minds of minorities in the country (Keerawella (2013).
47. The flows of the illegal smuggling are common in the migration happen in low social
economic condition area to well socio-economic condition area. That is commonly in developing
countries to developed countries in international arena. It is mainly due the people’s desire for the
well socio- economic condition and living opportunities in new migrant area (Keerawella (2013).
48. The collapse of societal communication between the North and the South in the years of
the war in the background of the mutual fear and suspicion associated with the ethnic crisis Draw
the Sinhala and Tamil communities apart. Moreover, many scars left by the war in the collective
psyche of the people on both sides linger for some time. In the presence of the war, both parties
presented the character and behaviour of the adversary as the main cause of war and justified
one’s actions vis-à-visa the other.
49. Human smuggling has effected to the society in multi-dimensionally. It has individual
impact as well as social impact. It has effected on both original country and country in which the
people are being migrated. It is mainly du.e the expectation of well socio-economic condition and
better living standard desired by the people. Therefore, they try to seek opportunities in the new
migrant area. After termination of 30 years of war, the feeling of uncertainty and doubtful
environment are obviously coming inside the minds of minority people living in the country.
Consequently, the minority people tend to be isolated from the general public in most of the areas
in the country.

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Security and Safety
50. After the war, many Tamil people felt no hope for peace, security or safety living in the
Eastern and Northern Provinces. Random interviews were conducted with the few Tamils and
one of them stated “I have lost all hope that I can have a life here; there is no guarantee for life
here. It is better to go to other countries so that I can live peacefully”, others believed that there
was no future for Tamils in Sri Lanka, with one man declaring that “in 30 to 50 years’ time
Tamils would not be in Sri Lanka” (Emily (2013).
51. Boat migrants expressed livelihood issues, concerns for their own and their family’s
safety, fear of sexual violence, fear of being arrested and detained, discrimination in the job
market, poor employment and educational opportunities, land acquisitions and exclusions, the
need for medical treatment, the fear of war returning, harassment and interrogation by security
forces, fear of reprisals for political activity or speech, the need to secure their family’s financial
future and the need to rise above the financial hole they found themselves in. These problems
were often an impact of the war or the lack of post-war assistance (Emily (2013).
52. However, after the 30 years of war, the fear of being killed or being displaced was end
from the minds of Sinhalese. Nevertheless, several attempts to illegally migrate were noticed and
numbers of Sinhalese were arrested on the way of being smuggled to Australia. Therefore, life
safety and insecurity were not the motive factors for the Sinhalese to be smuggled. The main
grounds for them are seeking a better life, job opportunities, poverty and financial benefits.
Political situation in Post-war era
53. After the outbreak of Elam War IV following the “Mavil Aru” incident in 2006, it took
only three years for the Sri Lankan forces to militarily defeat the LTTE. Three years after the
military defeat of LTTE the country seems standing at the cross-roads, bewildered as to the
direction it should take regarding post-war peace-building and the realization of ethnic cohesion
and inclusive development. The key issue that Sri Lanka has yet to address is how to transform
the hard-fought military victory over the LTTE into a foundation for sustainable peace on the
basis of democratic inclusion and justice.

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54. The end of a civil war does not necessarily mean the end of an ethno-political conflict;
rather it redefines the conflict in conditions of no-war, thereby necessitating new strategies for
post-civil war peace-building and reconciliation. The transition from conflict to post-conflict
society is long and a complex process which encompasses short-term priorities and long-term
goals which must be decided with a clear political vision as to the direction of post-conflict
society and the state should take. By redefining the conditions of the ethno-political conflict in a
no-war context, the military defeat of the LTTE has opened a new historical space to find a
durable solution to the ethno-political conflict. Simultaneously, it has created many constraints
due to ‘triumphalism’ and the majoritarian mindset of the regime and its ethno-political clientele.
55. The first urgent task after the defeat of the LTTE was to establish safe gathering centers
for immediate accommodation and the provision of day-to-day basic needs and other facilities to
war affected people in IDP’s in order to avoid a humanitarian crisis. The government was able to
absorb the initial shock satisfactorily. Indeed, providing shelters, water, medical care, food
supply, water/gully services, garbage clearing remained a gigantic task. The next in the order of
things was the resettlement of IDPs. Before resettling IDPs in their original villages the
government had to attend to the reinstallation of all the basic infrastructural facilities which were
totally damaged due to the intense fighting. According to prof. Gamini Keerawella, A well-
integrated capacity-building program was required to promote sustained livelihood and restore
dignity of the victims”. But it is well understood that, the progress of the reconciliation and
resettlement were not working out in a proper way to solve the issues of war affected people.
56. After the war, the development and political solution have to be seen as integrally linked
in post-war Sri Lanka, but apparently the government is trying to use ‘development’ as a
substitute for a political solution while justifying the continuation of militarization in the name of
state security and sovereignty. Therefore, this situation was made an unsecured mindset in Tamil
population in war affected areas and it led to motivate people to migrate the country
(Shanmugaratnam (2010). The rehabilitation and development processes were started after the
war in 2009 by the government of Sri Lanka with the assistance of the Tamil and Muslim
parliament representatives in war affected Northern and Eastern provinces. The government
made efforts to stabilize the living condition of the minorities. Infrastructure developments,
fulfillment of the basic needs for the people living in the IDP camps were few of the initiatives.

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57. Nevertheless, Immediate after the war, there was not a single member representing the
war-torn northern communities. With such an approach, then government was facing difficulties
to win the trust and confidence of the people in war affected northern and eastern areas. Most of
the people represent the Tamil community was made a sense of being unprotected of their lives
in post- war time. The results of the April parliamentary elections in the North and East clearly
show that the majority of the Tamil voters who exercised their franchise did not have any
confidence in the government. The government’s highly publicized ‘post-war development’
programs had failed to win their hearts and minds of the people in war affected areas. This led
the people to think about the migration as a solution for the betterment of their future and also it
was caused for the government to rethink its approach for the process of developments.
58. The post-war situation has become a very important factor. It is clearly noticed that, the
rate of human smuggling rapidly increased post-war period than the pre -war period in the
country. Specially, it can be seen prominently, from the minority such as Tamils and Muslim
societies. But, at the same period of time, the Sri Lankan Government was taking considerable
efforts to upgrade the living condition of minorities through reconciliation and rehabilitation
processes. Thus, a doubt is created about the increasing of human smuggling while the
environment becoming favourable for the societies. And also, there are no sufficient researches
or studies regarding this issue.
59. Hence, it seems that, there is a gap or shortcoming in the existing literature because it
does not specify the relationship between human smuggling and the post war situation. In the
other hand, sufficient researches on the impact of legal aspects, communal harmony on human
smuggling in a post-war situation have not done.
Definition of terms
60. Definitions of terms are indicated in the annexure “A” of the paper.

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CHAPTER THREE
RESEARCH METHODOLOGY
Introduction
1. As per the conceptual framework, this systematic empirical investigation will help to test
the feasibility of solution using empirical evidence. This can be considered as combination of
quantitative and qualitative type of research. The data were collected and analyzed to scrutinize
the social, educational or knowledgeable and relative factors which were indicated in the
dimensions and indicators of the conceptualization process.
2. This research is based on the measurement of both quantity and Quantitative amount. It is
applicable to phenomena that can be expressed in terms of quantity. On the other hand, is
concerned with qualitative phenomenon, i.e., phenomena relating to or involving quality or kind.
Investigations were conducted to find the reasons for human behaviour for increasing the human
smuggling. Research tried to find out the motive factors for smuggling in post war era. Further,
this type of research aims to discover the underlying motives and desires, using in depth
interviews for the purpose. Research designed to measure the attitudes of the people to find out
how people feel or what they think about a particular subject or institution. Qualitative research
is especially important in the behavioural sciences where the aim is to discover the underlying
motives of human behaviour. Through such research, various factors could be analyzed which
motivate people to behave in a particular manner or which make people like or dislike a
particular thing.
Research Design
3. Research design provides an answer to the question, what the researcher is going to do
with regards to framing hypothesis, its operational implications and how to analyze the data? It is
appeared that, significant increasing of human smuggling activities after the war, since 2009.
Therefore, this study is focused to the post war period. The research formulated to prove the
hypothesis, stated that, whether is there a relationship between the increasing of human

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smuggling and the post war situation in the country, or not. Moreover, this is illustrated to
identify the root causes for human smuggling, to identify the impact of human smuggling to Sri
Lankan society and to find out the solutions for the mitigation of human smuggling and the
positive effect of the legal framework.
4. Design of the research study was formulated in order to prove the hypothesis by
analyzing the collected details formed as per the conceptualization and operationalization of the
research. This research is mainly focused to the period of post-war in the country. The method of
simple random sampling is used to the study. The information data were collected from the main
areas of occurring illegal migration activities incidents such as Negambo, Chillaw and kalpitiya
in north western province. Samples was selected from this area for the study. Statistical
information and data obtained to research in the period in between 2009 to 2015.
Sample method
5. Simple random sampling method is used to conduct the research. Probability sampling is used
as the method of survey. Probability sampling is done as there is an idea of the entire population.
Since the whole population cannot be studied, the people in few small areas in north western
provinces which are the most suspected launching area of smuggling have been taken as the
population for the study. So, each member of the group has equal chance of getting selected for
the sample. Under the Probability Sampling, simple random sampling method is used to continue
the research. It is suited to descriptive research studies. Sampling is the best way to study about
the characteristics of the population.
6. The selected samples of the three areas in which the more density of people are being
smuggled, have been chosen to obtain the relevant data, to measure the attitude and obtain the
knowledge on public opinion, through questionnaire and interview method. In addition to
improvements in data collection and data collection systems there is a need for more multi-
method and interdisciplinary approaches. Methodologies to better understand the context of
human smuggling include organizational network analysis, in depth studies of individual
smuggling networks or operations.

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Methods of Data Collection
7. The impact of post war situation in the economy, political, social, security and legal
aspects have been taken to form the questionnaire and to conduct interviews. The study
concentrates to prove the hypothesis on the issue through analyzing the data collected by
questionnaire and interview methods which are the most appropriate methods for this nature of
study. Additionally, government and non-government’s reports/records were used to obtain
further information. The questionnaire method was the main method which used to collect the
data.
8. The interviews and questionnaire are made for the victims of human smuggling, the civil
society of the districts indicated, previously. Organizations those who involve the matters related
with smuggling were the main segments for the interview.
9. Primary data collection. This is a field type research. Therefore, Primary and
secondary methods of data collection were used for the study. Methods of primary data
collection are,
a. Questionnaire method.
b. Interview method.
10. Questionnaire method. Questionnaires were mailed or distributed among the
groups of random sample (respondents) in selected areas which have been planned to obtain
data, with a request to return after completing the same. They were distributed among the various
organizations such as Naval Intelligent, police department and also civil society to collect raw
data. Besides, the incidents of past human smuggling activities around the island also were taken
into consideration. Opinionnaire were used for measure the attitude of the society on the
structured questions.
11. The researcher and the respondents do come in contact with each other if this method of
survey is adopted. It is the most extensively used method in various economic, social and
business surveys. Questionnaire to be used must be prepared very carefully so that it may prove
to be effective in collecting the relevant information.

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12. Interview method. Interviews were conducted by the interviewers after a
comprehensive briefing to keep the survey as much as realistic as possible. Detailed schedules
with open and closed questions were used for personal interviews. Structured and unstructured
interview methods, Voice to voice, Face to face and screen to screen interviews were conducted
among the selected personalities such as, directorate of SLN intelligent department, CID
officials, civilian and few victims in Negambo and Chillaw areas.
13. Focus group discussion. Focus groups are group discussions that gather together
people from similar backgrounds and experiences to discuss a specific topic of interest to the
researcher. The discussion is guided by a group leader who asks questions and tries to help the
group to have a natural and free conversation with each other. Some of naval officers who are
presently serving in the SLN are selected as the group to conduct a comprehensive discussion on
the subject area.
14. Secondary data. The secondary data are consisted with academic, text interview,
peer review, journals and recent research reports, websites and the collected data by other
researchers other than instant researchers. Publications, websites, research studies were vital
important for the study.
15. Legal Publications on human smuggling such as, Emigration and Immigration Act,
penal code amendment (Act. no: 16 0f 2006), Protocol against the smuggling of migrants by
land, sea and air, supplementing the United Nations convention against transnational organized
crime, Research Study on Human Smuggling in Sri Lanka: windows for intervention by the
International Organization for Migration (IOM), the book, “smuggling migrant” launched by
United Nation’s office on drugs and crime and Organized Crime and Migrant Smuggling-
Australia and the Asia-Pacific were some of the referred publication for the study.
The Hypothesis of Study
16. The hypothesis is a tentative assumption in order to test the logical or empirical
consequences. It has provided the focal point for research. Hypothesis helped to specify and to
limit to the place of research in hand because it has to be tested. And it guided the research by
limiting the area of Research by narrowing down and keeps on the right track by differentiating

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the human smuggling from human trafficking. Further, it sharpens thinking and focuses attention
on important facets of the research problem.
17. The hypothesis of the research was developed by various approaches such as,
a. Discussions with people and experts about the problem, its origin and the
objectives in seeking a solution.
b. Examination of data and records, if available, concerning the problem for possible
trends, peculiarities and other clues.
c. Review of similar studies in the area or of the studies on similar problems, and
d. Exploratory personal investigation which involves original field interviews on a
limited scale with interested parties and individuals with a view to secure greater insight
into the practical aspects of the problem.
18. This research is conducted based on the Hypothesis indicated below. The independent
variable is Post-war situation and dependent variable is the human smuggling. This hypothesis
leads to study the impact of the post-war situation on human smuggling.
H1 - Post-war situation resulted in an increase in Human Smuggling from Sri Lanka to
Australia.
Ho - Post-war situation did not result in an increase in Human Smuggling from Sri
Lanka to Australia.
19. This is an inductive approach which Identify a hypothesis with respect a new
phenomenon that sustains as general observation and finally leads to a new theory or a new
concept.

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Conceptualization
20. Introduction. Concept is mental images, which is used as devices for bringing
together observations and experiences that seem to have something in common.
Conceptualization is the process of specifying the vague mental imaginary of concept sorting out
the kind of observation and measurements that will be appropriate for the research. In study,
concept of human smuggling is formed as dependent variable in this study.
Diagram 3.1 – Conceptualization (variables)
Sources – extracted from literature review
a. This research begins with the problem on “is there a relationship between post-
war situation and increasing of human smuggling to Australia? Therefore, assumption is
taken as the existing human smuggling is depended upon the post-war situation. So, post-
DEPENDANT
VARIABLE
INDEPENDANT
VARIABLE
DIAMENSIONS INDICATORS

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war situation is considered as independent variable and the human smuggling is
considered as dependent variable to study.
b. Political environment of the country, economy, society, safety and security in
post-war period and the legal framework are considered as dimensions of the study.
Diagram 3.2 – Operationalization (Dimensions)
Operationalization
21. The operationalization is the transformation of variables related to concepts, dimensions
into measurable factors. For the purpose of justification of theoretical based concepts, some
variables were identified. They are known as independent and dependent variables.
Conceptualization process to be worked out or planned out under following dimensions and
indicators and find out the relationship between them through measuring and analyzing the
indicators. Dimensions and indicators (measurable factors) are,
a. Dimensions.
(1) Post –war political situation.
(2) Legal frameworks.
(3) Post-war economy.
(4) Social aspects.
(5) Safety and security aspects.
Legal
framework
Safety &
Security Society
Economy
Political
Dimensions

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b. Indicators (measurable factors)
(1) Political stability.
(2) Influence of Tamil Diaspora.
(3) Job opportunity.
(4) Communal harmony.
(5) Life risk.
(6) Social in security for minorities.
(7) Domestic law enforcement.
(8) International law enforcement.
Diagram 3.2 – Operationalization (Dimensions/Indicators)
Assumption of the study
22. Ideological Assumptions. Since the conflict was terminated, the human
smuggling is continuously being increased. It is led to damage the good image and dignity of the
country. In this backdrop, the suitable “modus operandi” is essentially important to counter
human smuggling. Therefore, it is assumed that, the objectives of this study will be enormously
benefitted to find out suitable solutions through finding the relationship between the increasing
of human smuggling and the post-war environment in the country. More importantly, the country

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is now in a decisive position after a long-term battle fought and developments have been starting
to bring the country in a higher standard. Therefore, it is assumed that, this research will be
immensely helpful to identify the root causes and factors affecting for increasing the human
smuggling after the war and find out the solutions through finding the genuine problems of the
victims of smuggling.
23. Methodical Assumptions. The field of study is more popular today, therefore, the
essential information, data and statistics were widely available. The means of the collection of
the relevant data was not much difficult as sufficient organizations are in the position to provide
information and raw data. Hence, it can be assumed that, only limitation is the political
interferences, some secrecy maintained by department of police, Intelligence and CID and any
details in which some parsons refused to provide.

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CHAPTER FOUR
DATA PRESENTATION AND ANALYSIS
Introduction
1. Based on the conceptualization and the operationalization process, the research
study was conducted to cover selected fields which explained in the dimensions and the
indicators. Based on the research problem, the hypothesis has been formulated.
Questionnaires were prepared for three important groups of responders to cover the
dimensions as indicators.
2. Undermentioned groups were focused for questionnaires.
a. Victims of the human smuggling activities.
b. Civil society in places where the human smuggling is mainly taken place.
3. Undermentioned individuals were interviewed.
a. Directorate of Naval Intelligent and Staff Officer Marine intelligent.
b. Directorate of CID and OIC marine department of CID.
c. Officials of emigration and immigration department.
4. In addition to that, research was focused to analyze the impact of the bilateral
relationship, law enforcement against the human smuggling by the government of
Australia, cooperation and effect of the MoU with Australian Government.
5. The attitude survey was carried out with the “LIKERT 5 SCALE”. Marks were
given for question as 5,4,3,2 and1. Answers are considered as positive response when
responses is more than 50% for strongly agreed, agreed and average answers and it is

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considered as negative answer, when the responses obtains more than 50% for negative
answers (disagreed, total disagreed).
Table: 4.1 - Likert scale (Sources – http//.www.google.lk)
Questioning and interviewing of civil society in north western province
6. 50 no’s of questionnaires (annex “B”) were distributed among the people living in
smuggling possible areas (mainly Negambo, Chillaw and Puttalam ) in north western
province in the country who have a general idea on human smuggling activities in the
post-war situation. Their legal awareness, opinions and knowledge about the motive
factors for human smuggling were examined. Out of total 34, 10 questions (from 19 to
28) were analyzed with LIKERT SCALE. General ideas and opinion were obtained
through question 19 to 28. The motive factors for human smuggling were analyzed
through question 29 to 34.
Analysis of data obtained from civil society
a. “The development and rehabilitation process had a positive impact on
minimizing incidents of human smuggling” (Q no. 19).
Table: 4.2 –Responses for Question no.19 (Sources: primay data from civil society)
Sr;
no
Nature of response Answered no;
of personals
Total
marks
percentage Cumulative
percentage
1. Extremely agreed (5) 02 10 04% 4%
2. Highly Agreed (4) 11 44 22% 26%
3. Average (middle state) –(3) 25 75 50% 76%
4. Very less agreed(2) 10 20 20% 96%
5. Totally not agreed (1) 02 02 04% 100%
6. Total 50 - 100% -

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4%
22%
50%
20%
4%
Extremely agreed (5)
Highly Agreed (4)
Average (middle state) –(3)
Very less agreed(2)
Totally not agreed (1)
Figure: 4.2 - Chart representation of (Q.19- Sources :primay data from civil
society)
a. Answers are given as extremely agree – 4%, highly agree - 22%,
averagely agree - 50%, very less agree - 20% and not agree – 4%. Therefore, more
than 50% of individuals have given positive responses. It seems that, development
and rehabilitation process caused to minimize the incidents of smuggling.
b. Do you agree “there is a more significant increasing of human smuggling
in post-war period than the war time? (Q.no.20)
Table: 4.3 Responses for Question no.20 (Sources: primay data from civil society)
Sr;
no
of personals
Total
marks
percentage
2. Highly Agreed (4) 10 40 20% 30%
4. Very less agreed(2) 11 22 22% 94%
6. Total 50 - 100% -

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Figure: 4.3 (Chart representation of Q.20-Sources:primay data from civil society)
than 50% of individuals have given positive responses. It appears that, there is a
significant increasing of Human smuggling activities in post-war era than the
period before 2009.
c. Post-war environment is not giving sufficient security to the life of people
in war affected area. Do you agree? (Q.no.21)
Table: 4.4 Responses for Question no.21 (Sources: primay data from civil society)
Sr;
no
of personals
Total
marks
percentage
2. Highly Agreed (4) 05 20 10% 20%
4. Very less agreed(2) 11 22 22% 76%
6. Total 50 100%

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10%
10%
34%
22%
24% Extremely agreed (5)
Highly Agreed (4)
Average (middle state) –(3)
Very less agreed(2)
Totally not agreed (1)
Figure: 4.4 - Chart representation of Q.21-Sources: primay data from civil society)
averagely agree - 34%, very less agree - 22% and not agree – 24%. Therefore,
more than 50% of individuals have given positive responses. Thus, majority
agreed that, post-war environment is not giving sufficient security to the life of
people in war affected area.
d. Existing legal framework against the human smuggling is not much
appropriate to minimize the human smuggling activities. Do you agree? (Q.no.22)
Table: 4.5 -Responses for Question no.22-Sources: primay data from civil society)
Sr;
no
of personals
Total
marks
percentage
2. Highly Agreed (4) 19 76 38% 44%
4. Very less agreed(2) 09 18 18% 88%
6. Total 100%

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Figure: 4.5 (Chart representation of Q.22-Sources: primay data from civil society)
a. Answers are given as extremely agree – 6%, highly agree - 38%, averagely
agree - 26%, very less agree - 18% and not agree – 12%. Therefore, more than
50% of individuals have given positive responses. Thus, the data interpret that,
existing legal framework against the human smuggling is not much appropriate to
minimize the human smuggling activities.
e. Do you believe that Tamil society interested to leave the country due to
the existence of life risk? (Q.no.23)
Table: 4.6 - Responses for Question no.23-Sources: primay data from civil society)
Sr;
no:
of personals
Total
marks
percentage
2. Highly Agreed (4) 05 20 20% 20%
4. Very less agreed(2) 12 24 24% 80%
6. Total 50 100%

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Figure: 4.6 (Chart representation of Q.23-Sources: primay data from civil society)
50% of individuals have given positive responses. So, data interpret that, the
Tamil society interested to leave the country.
f. Legal framework promulgated by Australian government in the post-war
era was successfully effected to minimize the human smuggling, do you agree?
(Q.no.24)
Table: 4.7 - Responses for Question no.24-Sources: primay data from civil society)
Sr;
no
of personals
Total
marks
percentage
2. Highly Agreed (4) 15 60 30% 40%
4. Very less agreed(2) 12 24 24% 100%
5. Totally not agreed (1) - - -
6. Total 50 100%

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Figure: 4.7 - Responses for Q. no.24-Sources: primay data from civil society)
averagely agree - 36% and very less agree - 24%. Therefore, more than 50% of
individuals have given positive responses. It seems that, legal frame works of
Australia successfully effected to reduce smuggling.
g. The mutual collaboration between the Government of Sri Lanka and the
Australian government has given a positive result to minimize the human
smuggling activities. Do you agree? (Q.no.25)
Table: 4.8 (Responses for Question no.25-Sources: primay data from civil society)
Sr;
no
of personals
Total
marks
percentage
2. Highly Agreed (4) 21 84 42% 52%
4. Very less agreed(2) 06 12 12% 98%
6. Total 50 100%

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Figure: 4.8 (Responses for Question no.24-Sources: primay data from civil society)
than 50% of individuals have given positive responses. Thus, data indicated that,
the mutual collaboration between the Government of Sri Lanka and the Australian
government has given a positively affected to minimize the human smuggling.
h. People become victims of human smuggling due to seeking job
opportunities abroad. Do you agree? (Q.no.26)
Table: 4.9(Responses for Question no.26-Sources: primay data from civil society)
Sr;
no
of personals
Total
marks
percentage
2. Highly Agreed (4) 18 72 36% 60%
4. Very less agreed(2) 07 14 14% 100%
5. Totally not agreed (1) - - - -
6. Total 50 100%

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Figure: 4.9(Responses for Question no.26-Sources: primay data from civil society)
averagely agree - 26% and very less agree - 14%. Therefore, more than 50% of
individuals have given positive responses which seems that the majority people
become victims of smuggling due to seeking job opportunities.
j. Lack of communal harmony is directly affected to increase human
smuggling. Do you agree? (Q.no.27)
Table: 4.10 (Responses for Question no.27-Sources: primay data from civil society)
Sr;
no
of personals
Total
marks
percentage
2. Highly Agreed (4) 12 48 24% 28%
4. Very less agreed(2) 09 18 18% 80%
6. Total 50 100%

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Figure: 4.10 (Responses for Question no.27-Sources: primay data from civil society)
50% of individuals have given positive responses. It shows that, the communal
harmony is directly affected for smuggling activities.
k. Activities of the Pro-LTTE Tamil Diaspora affected increase human
smuggling. Do you agree? (Q.no.28)
Table: 4.11(Responses for Question no.28-Sources: primay data from civil society)
Sr;
no
of personals
Total
marks
percentage
2. Highly Agreed (4) 11 44 22% 40%
4. Very less agreed(2) 11 22 22% 96%
6. Total 50 100%

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Figure: 4.11(Responses for Question no.28-Sources: primay data from civil society)
than 50% of individuals have given positive responses. It appears that the Tamil
diaspora is directly affected to increase smuggling in postwar era.
7. Summary of the analysis of responses of civil society as follows.
Table: 4.12 - Summary of the Response (measuring of positive / negative attitudes)
Sr.
No.
Description Positive
responses/
Attitude
Negative
responses/
Attitude
01. The development and rehabilitation process had a positive
impact on minimizing incidents of human smuggling.
76% (√) 24%
02. Do you agree “there is a more significant increasing of human
smuggling in post-war period than the war time
72% (√) 28%
03. Post-war environment is not giving sufficient security to the life
of people in war affected area. Do you agree?
54% (√) 46%
04. Existing legal framework against the human smuggling is not
much appropriate to minimize the human smuggling activities.
Do you agree?
70% (√) 30%

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76%
72%
54%
70%
56%
76%
86%
86%
62%
74%
24%
28%
46%
30%
44%
24%
14%
14%
38%
26%
The development and rehabilitation process had a positive
impact on minimizing incidents of human smuggling.
Do you agree “there is a more significant increasing of human
smuggling inpost-warperiodthanthe wartime
Post-war environment is not giving sufficient security to the life
of people in war affected area. Do you agree?
Existing legal framework against the human smuggling is not
much appropriate to minimize the human smuggling activities.…
Do you believe that Tamil society interested to leave the country
due to the existence of life risk?
Legal framework promulgated by Australian government in the
post‐war era was successfully effected to minimize the human…
The mutual collaboration between the Government of Sri Lanka
and the Australian government has given a positive result to…
People become victims of human smuggling due to seeking job
opportunities abroad. Do you agree?
Lack of communal harmony is directly affected to increase
human smuggling. Do you agree?
Activities of the Pro-LTTE Tamil Diaspora affected increase
RESPONSES OF CIVIL SOCIETY
Positive responses/ Attitude Negative responses/Attitude
05. Do you believe that Tamil society interested to leave the country
due to the existence of life risk?
56% (√) 44%
06. Legal framework promulgated by Australian government in the
post-war era was successfully effected to minimize the human
smuggling, do you agree?
76% (√) 24%
07. The mutual collaboration between the Government of Sri Lanka
and the Australian government has given a positive result to
minimize the human smuggling activities. Do you agree?
86% (√) 14%
08. People become victims of human smuggling due to seeking job
opportunities abroad. Do you agree?
86% (√) 14%
09 Lack of communal harmony is directly affected to increase
62% (√) 38%
10. Activities of the Pro-LTTE Tamil Diaspora affected to increase
74% (√) 26%
Figure: 4.13 Summary of the Response civil society
(Measuring of positive / negative attitudes)

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Analysis of motive factor – Civil Society
8. The civil society of Negambo, puttalam and Chillaw areas were taken as sample to
carryout analysis to find the more influential and motive factors leading to the people to
migrate illegally to Australia. 50 no’s of people have been taken as random sample. The
outcome of the analysis is shown in the following table.
9. The percentages of the motivational factors for human smuggling is indicated in
following table.
Table: 4.14- Summary of the Response civil society (percentage) -Sources: primay
data from civil society
Sr.
No
Description Extremely
agree
Highly
agree
Averagely
agree
Very less
agree
Not
agree
01 Job opportunity/for
income.
(23)46% (7)14% (19)38% (1)2% (0)0%
02 Unsafe and insecurity in
the economy in the
country.
(15)30% (7)14% (15)30% (3)6% (10)20%
03 Unsafe and social
insecurity in the country
(6)12% (9)18% (5)10% (11)22% (19)38%
04 Study purposes. (4)8% (3)6% (10)20% (16)32% (17)34%
05 For permanent
residence.
(3)6% (8)16% (14)28% (11)22% (14)28%
06 Threaten /forced by a
third party.
(4)8% (6)12% (10)20% (12)24% (18)36%
07 A better life. (6)12% (9)18% (16)32% (9)18% (10)20%
10. The graphic representation is as follows.

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46%
30%
12%
8%
6%
8%
12%
14%
14%
18%
6%
16%
12%
18%
38%
30%
10%
20%
28%
30%
32%
2%
6%
22%
32%
22%
14%
18%
0%
20%
38%
34%
28%
36%
20%
0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50%
Job opportunity/for income.
Unsafe and insecurity in the economy in the country.
Unsafe and social insecurity in the country
Study purposes.
For permanent residence.
Threaten /forced by a third party.
A better life.
THE MOTIVE FACTORS FOR HUMAN SMUGGLING
Not agree Very less agree Averagely agree Highly agree Extremely agree
Figure: 4.14 – Summery chart representation
11. The summery of the responses of civil society is indicated below.
Table: 4.15 – Summery chart representation
Sr.No Description Positive
responses/
Attitude
Negative
responses/
Attitude
01 Job opportunity/for income. 98% 2%
02 Unsafe and insecurity in the economy in
the country.
74% 26%
03 Unsafe and social insecurity in the
country
40% 60%
04 Study purposes. 34% 66%
05 For permanent residence. 50% 50%
06 Threaten /forced by a third party. 40% 60%
07 A better life. 62% 38%

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0% 20% 40% 60% 80% 100% 120%
Unsafe and insecurity in the economy in the
country.
Study purposes.
A better life.
summery of the responses by civil society on motive factors
Negative responses/ Attitude Positive responses/ Attitude
Figure: 4.15 – Summery of responses by civil society (motive factor)
Analysis of data obtained from Victims
12. 15 no’s of individuals those who victims of human smuggling were interviewed to
find the motive factors to be smuggled and the legal and general awareness of the matters
related to the human smuggling. Victims refused to explore their personal information
and other details. However, they agreed to provide general information and their opinion
for the questions raised. The questionnaire for the victims are made as annex “C”.
13. Based on the responses of the victims, analysis were made w.r.t. the motive
factors for the human smuggling and the findings were summarized as indicated by
following table and figure - 4.16

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Table: 4.16- Summary of the Response of victims (percentage) (Sources: primay
data from Victims)
Sr.
No
Description Extremely
agree
Highly
agree
Averagely
agree
Very less
agree
Not agree
01 Job opportunity/for
income.
80% 20% - - -
02 Unsafe and insecurity
in the economy in the
country.
7% 33% 40% 20% -
03 Unsafe and social
insecurity in the
country
6.5% 13.5% 33% 13% 34%
04 Study purposes. - 20% 14% 14% 52%
05 For permanent
residence.
- - 27% 20% 53%
06 Threaten /forced by a
third party.
- 27% 14% 7% 52%
07 A better life. 52% 34% 14% - -
0% 10% 20% 30% 40% 50% 60% 70% 80% 90%
Unsafe and insecurity in the economy in the country.
Study purposes.
A better life.
SUMMERIZING THE MOTIVE FACTORS FOR VICTIMS TO BE SMUGGLED
Not agree Very less agree Averagely agree Highly agree Extremely agree
Figure: 4.17 summarized the motive factors victims

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14. The summarizing of the responses by victims are indicated below.
Table: 4.18- Summary of the response of victims
Table: 4.19- Summary of the response of victims.
Sr.
No
Description Positive
responses/
Attitude
Negative
responses/
Attitude
01 Job opportunity/for income. 100% 0%
02 Unsafe and insecurity in the economy in the country. 80% 20%
03 Unsafe and social insecurity in the country 53% 47%
04 Study purposes. 34% 66%
05 For permanent residence. 27% 73%
06 Threaten /forced by a third party. 41% 59%
07 A better life. 100% 0%

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Legal and general awareness of victims
15. Analysis were done by obtaining the idea from the victims to get their awareness
of legal aspects and operation and the situations of human smuggling activities. The
following table indicates the statistics revealed. (table :4. 20)
Table: 4. 20- Summary of the Response of victims (percentage) -Sources: primay
data from Victims
Sr.
no
description Extremel
y agreed
Highly
agreed
Averagely
agreed
Not
agreed
Totally
not
agreed
01. This means of travel to Australia is an illegal act. 13(86%) 2 (14%) 0 0 0
02. I am aware about my destination, job, and
agent in Australia before I got there.
2(14%) 5 (33%) 5 (34%) 1 (6%) 2 (13%)
03. I am well aware of the life risk of this passage at
sea.
0 2(14%) 10 (66%) 1 (6%) 2 (14%)
04. I am very sure that, I will get a job in Australia. 1 (6%) 10(66%) 2 (14%) 2
(14%)
0
05. I was made to feel safe traveling to Australia
through this route.
0 1 (6%) 3 (20%) 5
(34%)
6 (40%)
06. My agent educated me about the journey, job
and residence in Australia.
0 3 (20%) 6 (40%) 4
(26%)
2 (14%)
07. I am well aware about the persons or org: to
contact in Australia in case of emergency case
or any other matter.
0 2 (13%) 2 (13%) 5
(34%)
6 (40%)

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Table: 4. 21- Summary of the Response of victims (positive and negative response)
Sr.
no
description Positive response Negative response
01. This means of travel to Australia is an illegal act. 100% 0
02. I am aware about my destination, job, and agent in
Australia before I got there.
81% 19%
03. I am well aware of the life risk of this passage at sea. 80% 20%
04. I am very sure that, I will get a job in Australia. 86% 14%
05. I was made to feel safe traveling to Australia through
this route.
26% 74%
06. My agent educated me about the journey, job and
residence in Australia.
60% 40%
07. I am well aware about the persons or org: to contact in
Australia in case of emergency case or any other matter.
26% 74%
0 0.2 0.4 0.6 0.8 1 1.2
This means of travel to Australia is an illegal act.
I am aware about my destination, job, and agent in
Australia before I got there.
I am well aware of the life risk of this passage at sea.
I am very sure that, I will get a job in Australia.
I was made to feel safe traveling to Australia through
this route.
My agent educated me about the journey, job and
residence in Australia.
I am well aware about the persons or org:to contact in
Australia in case of emergency case or any other…
AWARENESS OF VICTIMS ON LEGAL & OTHER
ASPECTS
Negative response Positive response
Figure: 4. 22- Summary of the Response of victims (Positive and negative response)

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Analysis of data revealed through interview the personal in different
organizations
16. The information, views and different opinions were obtained through interviewing
the officers of Sri Lanka Navy Intelligence department, Criminal Investigation Department
and Immigration and Emigration Department officials.
Structured interview conducted with Criminal Investigation Department’s
officials
17. The Special Investigation Unit 1 has been formed to investigate the incidents,
activities related to illegal migration with the co-operation of Australian Federal Police.
CID of Sri Lanka has been collaborating with the Australian Federal Police Training,
sharing information, maintaining the global link between two parties and providing the
legal cooperation against the human smuggling through the Memorandum of
Understanding between two governments. The staff and in charge of Special Investigation
Unit of CID who assigned the responsibilities for illegal migration to Australia, IP WM
Wijethunghe and IP SN Karasinghearachchi were interviewed. The interview form have
been prepared as annex”E”.
Structured interview conducted with officials of naval intelligence
(maritime)
18. Senior officials engaged with the maritime activities in navy intelligence
department were interviewed and obtained the information regarding the trend of human
smuggling during the post-war period. The interviews were conducted according to the
structured form which has attached as annex “D”. Fig. 4.23 indicates the analysis of the
data of vessels arrested between year 2009 and 2016.

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2% 2%3% 17%
65%
3%
8%
2016
2015
2014
2013
2012
2011
2009
Figure: 4.23- Arrested human smuggling vessels 2009 – 2016 (Percentage
wise) –Sources: Dept. of SLN. Intelligence
19. Data of arrested personal during the period of 2009 and 2016 according to their
nationality are indicated in the following table. (Table 4.24)
Table: 4.24 - Arrested person 2009 – 2016 (Sources – Dept. of SLN intelligence)
DETAILS OF CREW SUMMARY (2009-2016)
SINHALA TAMIL MUSLIM OTHER YEAR NO. OF
BOATS
ARREST
PERS.
237 39 05 -
281 2009 07 176
DETAILS OF ILLICIT EMIGRANTS
SINHALA TAMIL MUSLIM OTHER 2011 03 70
MALE FEMALE CH'EN MALE FEMALE CH'EN MALE FEMALE CH'EN 2012 62 3008
592 26 24 2936 301 395 214 10 10 07 2013 16 1019
642 3635 234 07 2014 03 132
4518 2015 02 82
2016 02 31
TOTAL NUMBER OF ILLICIT EMIGRANTS 4518 TOTAL 94 4518

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Figure: 4.24 - Arrested person percentage 2009 – 2016 (Sources – Dept. of
SLN intelligence)
20. According to the data revealed from the naval intelligence, the trend of illegally
migration to Australia during the war period was significantly low. Following graphic
indicated the trend of illegal migration before year 2009 from 2002. Thus, the asylum
seekers, refugees were much prominent than people being smuggled in that era. The
refugees and asylum seekers from Sri Lanka, 2002-2008 is indicated below. During the
existence of the war in the country, people have chosen various countries as their
destinations due to several reasons.
21. This attempt is not necessarily be the human smuggling. It can be movement of
asylum seekers, human trafficking, transferring of refugees for various purposes.
Table: 4.25- the refugees /asylum seekers from Sri Lanka (2002 -2008)
Sources: Dept. of SLN intelligence
ASYLUM COUNTRY 2002 2003 2004 2005 2006 2007 2008
INDIA 63767 60922 57274 50730 69609 72934 73286
FRANCE 15938 15062 15304 15602 15669 16605 18102
GERMANY 17403 15121 12850 15304 5832 6388 6594
CANADA 12873 12563 12062 11706 9877 21279 20442
UNITED KINDOM 9545 7993 8064 8098 8223 8554 8725
OTHER COUNTRIES 13713 10349 8496 7329 7756 9188 10596
TOTAL REFUGEES 133239 122010 114050 10839 116966 134948 137745
ASYLUM APPLICATION TOTAL 10917 6161 6029 6298 7343 5980 7057

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