Lessons for Sri Lanka: Insights from Pakistan’s Anti-Human Smuggling Law
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Human Smuggling is a global transnational crime often perpetrated by organized criminal networks. Both Pakistan and Sri Lanka are parties to the United Nations Convention against Transnational Organized Crime (UNCTOC). However, neither country has ratified the Protocol against the Smuggling of Migrants by Land, Sea and Air, which supplements the Convention (Human Smuggling Protocol). Despite not being a party to the Human Smuggling Protocol, Pakistan introduced a specific legislation, the Prevention of Human Smuggling Act 2018, in alignment with the Human Smuggling Protocol’s objectives to combat human smuggling. In contrast, Sri Lanka lacks dedicated legislation on human smuggling and continues to address the issue under the Immigrants and Emigrants Act, 1948. The absence of specialized legislation in Sri Lanka undermines global efforts to combat human smuggling, limits protections for vulnerable migrants, and hampers effective law enforcement and prosecution of smugglers. Against this backdrop, this paper critically examines the strengths and weaknesses of Pakistan’s Prevention of Human Smuggling Act, with the aim of proposing a model law for Sri Lanka. Given that both countries are major source countries for human smuggling and face similar push factors such as poverty and unemployment, Pakistan’s legislative approach-being closely aligned with the UN Smuggling Protocol—offers valuable lessons. Using a doctrinal methodology, the paper analyzes key legal instruments, including UNCTOC, the Human Smuggling Protocol, Pakistan’s Prevention of Human Smuggling Act, and Sri Lanka’s Immigrants and Emigrants Act. The findings reveal that, while Pakistan’s law broadly aligns with international standards, its implementation faces numerous challenges, resulting in a low conviction rate. In Sri Lanka, the current legal framework does not explicitly address human smuggling, instead focusing on general immigration control. Therefore, the study recommends that Sri Lanka adopt legislation similar to Pakistan’s, with enhanced provisions that ensure the rights of smuggled migrants in accordance with international standards.
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