On 05 November 2024, the NESA Center for Strategic Studies published alum Major Sandun Gunawardana's latest Op-Ed, titled "Strengthening Preventive Measures to Combat Trafficking for Forced Criminality Through Effective Intelligence Sharing and Cooperation in the Southeast Asian Region."

ABSTRACT

Traffickers exploit individuals by employing them in various legal or illegal enterprises without obtaining the victims’ consent. In cases of human trafficking, the legality of the professions in which the victims are engaged is irrelevant in a court of law; the critical factor is whether the victims are providing any services voluntarily. Notably, in instances where the victim is a minor, the issue of consent rendered is immaterial for the purposes of convicting individuals charged with human trafficking.

The utilization of human trafficking victims in illicit trades and activities is a significant concern reported globally. A particularly troubling aspect of forced labor is that victims of human trafficking may face criminalization by law enforcement authorities in either the country of destination or their country of origin, unless the trafficking chain is duly recognized by the relevant authorities in contexts where the victims are involved in unlawful activities. Therefore, it is imperative to establish a comprehensive mechanism to identify and address the phenomenon of forced criminality, thereby safeguarding the rights and welfare of victims of human trafficking.

Read the full article.

About the Author

Major Sandun Gunawardana – LL.B (Colombo), LL.M (KDU) & Attorney at Law, A Legal Officer in Ministry of Defence, Member of the National Anti-Human Trafficking Task Force in Sri Lanka.

The views presented in this article are those of the speaker or author and do not necessarily represent the views of DoD or its components.