Is Sri Lanka in Compliance with Transnational Criminal Law Relating to Human Trafficking? With special reference to the law relating to human trafficking among domestic migrant workers in Sri Lanka

TY - JOUR

T1 - Is Sri Lanka in Compliance with Transnational Criminal Law Relating to Human Trafficking? With special reference to the law relating to human trafficking among domestic migrant workers in Sri Lanka

AU - Obeysekara, Prajapali

PY - 2025/9/22

Y1 - 2025/9/22

N2 - This paper addresses the question of “Is Sri Lanka in compliance with transnational criminal law relating to human trafficking?” With special reference to the law relating to human trafficking among domestic migrant workers in Sri Lanka. International law can be divided into two categories: core crimes and treaty crimes. The term ‘transnational crime’ can be denoted from the latter category, giving an appropriate title to ‘transnational criminal law’. Human trafficking was recognised within the context of transnational criminal law and developed through the regime by introducing mainly two conventions which are known as UNTOC and the Palermo Protocol. Sri Lanka has ratified the above-mentioned conventions for the purpose of eliminating human trafficking among domestic migrant workers. As the transnational law stands, the principles and rules have been encompassed by the regimes, allowing the countries to incorporate them into their domestic laws. By taking cognizance of those principles, Sri Lanka has introduced human trafficking as a criminal offence into domestic law. The incorporation has taken place considering the social, cultural, economic, and other aspects in Sri Lanka as an amendment to the Sri Lankan Penal Code. This thesis demonstrates the compliance made by Sri Lanka in terms of human trafficking. Moreover, this paper provides an overview of what constitutes human trafficking in transnational criminal law and in Sri Lanka by highlighting the elements to see to what extent Sri Lanka is in compliance with transnational criminal law. This paper will focus on both substantive provisions and enforcement procedures to see the compliance of each regime. It will arrive at a conclusion upon the findings in answering the research question at the final section .

AB - This paper addresses the question of “Is Sri Lanka in compliance with transnational criminal law relating to human trafficking?” With special reference to the law relating to human trafficking among domestic migrant workers in Sri Lanka. International law can be divided into two categories: core crimes and treaty crimes. The term ‘transnational crime’ can be denoted from the latter category, giving an appropriate title to ‘transnational criminal law’. Human trafficking was recognised within the context of transnational criminal law and developed through the regime by introducing mainly two conventions which are known as UNTOC and the Palermo Protocol. Sri Lanka has ratified the above-mentioned conventions for the purpose of eliminating human trafficking among domestic migrant workers. As the transnational law stands, the principles and rules have been encompassed by the regimes, allowing the countries to incorporate them into their domestic laws. By taking cognizance of those principles, Sri Lanka has introduced human trafficking as a criminal offence into domestic law. The incorporation has taken place considering the social, cultural, economic, and other aspects in Sri Lanka as an amendment to the Sri Lankan Penal Code. This thesis demonstrates the compliance made by Sri Lanka in terms of human trafficking. Moreover, this paper provides an overview of what constitutes human trafficking in transnational criminal law and in Sri Lanka by highlighting the elements to see to what extent Sri Lanka is in compliance with transnational criminal law. This paper will focus on both substantive provisions and enforcement procedures to see the compliance of each regime. It will arrive at a conclusion upon the findings in answering the research question at the final section .

UR - https://sites.dundee.ac.uk/dundeestudentlawreview/publications/

U2 - 10.20933/100001431

DO - 10.20933/100001431

M3 - Article

VL - 11

JO - Dundee Student Law Review

JF - Dundee Student Law Review

ER -