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The government did not approve its draft standard operating procedures (SOPs) for the identification of trafficking victims and their referral to protective services; consequently, trafficking victims may have been inappropriately incarcerated, fined, or otherwise penalized for unlawful acts committed as a direct result of their being trafficked.Some government officials had reportedly begun to implement the victim identification SOPs, which, as of the publication of this report, were pending final approval.The Government of Sri Lanka does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so.Despite these measures, the government failed to demonstrate evidence of increasing overall efforts to address human trafficking over the previous reporting period; therefore, Sri Lanka is placed on Tier 2 Watch List.In addition, there have been reports of children being subjected to bonded labor and forced labor in dry-zone farming areas on plantations, and in the fireworks and fish-drying industries.

Some of the Sri Lankan men, women, and children (16 to 17 years old) who migrate consensually to Saudi Arabia, Kuwait, Qatar, the United Arab Emirates, Jordan, Bahrain, Lebanon, Iraq, Afghanistan, Malaysia, and Singapore to work as construction workers, domestic servants, or garment factory workers subsequently face conditions indicative of forced labor including restrictions on movement, withholding of passports, threats, physical or sexual abuse, and threats of detention and deportation for immigration violations.The government investigated 44 cases of trafficking in 2012, the same number that was investigated in 2011.The government did not report any prosecutions or convictions for human trafficking under Article 360(C) in 2012 or 2011.Recommendations for Sri Lanka: Improve efforts to investigate and prosecute suspected trafficking offenses, respecting due process, and convict and punish trafficking offenders; investigate and prosecute government officials suspected of complicity in human trafficking; approve and fully implement procedures to proactively identify trafficking victims among vulnerable populations and refer them to care facilities; train local and national government officials on care and referral procedures; ensure that victims of trafficking found within Sri Lanka are not detained or otherwise penalized for unlawful acts committed as a direct result of being trafficked, such as visa violations or prostitution; train local law enforcement on investigation of cases and evidence-collection as well as the provisions of Article 360(C) of the penal code; continue to clarify the definition of human trafficking, as well as the differences between trafficking and crimes such as smuggling and prostitution, in training of government officials; facilitate the speedy repatriation of foreign trafficking victims by providing airfare and not obligating them to remain in the country if they choose to initiate law enforcement proceedings; provide witness protection and incentives for victims to cooperate with law enforcement to enable prosecutions; improve services for shelters, legal aid, and counseling, and improve staff training at embassies in destination countries; promote safe and legal migration rather than imposing discriminatory policies that discourage migration or impose age restrictions on migrants; implement the provision of the Abu Dhabi Dialogue Framework for Regional Cooperation on reducing recruitment costs for migrants; increase the accessibility of information about the migration process to potential migrants before they decide to migrate; continue to raise awareness of the criminal penalties for engaging in child sex tourism; improve quality of pre-departure trainings, including by teaching sessions on labor rights, labor laws, and methods to access justice and assistance in destination countries and in Sri Lanka; expand the Bureau of Foreign Employment's mandate to include the regulation of subagents; improve data collection on the number of trafficking victims identified and assisted in Sri Lanka and in Sri Lankan embassies; and accede to the 2000 UN TIP Protocol.Prosecution The Sri Lankan government continued limited law enforcement efforts to address human trafficking during the reporting period.

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