Myanmar

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Myanmars Presentation at Capacity Building
Workshop on the Return, Repatriation and
Reintegration of Trafficked Persons in Cambodia,
Lao PDR, Myanmar and Vietnam 19.8.2011
Changmai. Thailand
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COUNTRY REPORTon Trafficking in Persons

• Republic of the Union of Myanmar

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Introduction

• The problem of Trafficking in Persons that
  becomes a modern form of slavery is widely spread
  across in almost all countries around the world
  these days.
• This problem is being combated regionally as well
  as nationally with plans and programs giving
  priority.
• Myanmar considers the problem of Trafficking in
  Persons as a national concern and has been
  striving to prevent at all cause since 1997.
• Myanmar not only cooperated with regional
  organizations and projects such as ASEAN,
  BIMSTEC, COMMIT and ARTIP but also signed
  bilateral agreements with her neighbours like
  China and Thailand in combating human
  trafficking.

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• At the country level, Myanmar has become a member
  of the United Nations Convention against
  Transnational Organized crime and its protocols,
  
• Promulgated the Anti Trafficking in Persons Law,
• Established Anti Trafficking bodies at all levels
  and vested authorities to act accordingly.
• Myanmar established the Central Body for
  Suppression of Trafficking in Persons ( CBTIP ).
• In particular, Myanmar laid down a Five-Year
  National Plan of Action to Combat Human
  Trafficking (2007-2011).
• Myanmar have adopted a more effective work plan
  for 2011 based on the experiences gained
  throughout the last four years of NPA

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• The Root
• of
• TIP

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• Due to high market demand in destination
  countries.
• Workshops, factories, agriculture plantations,
  fishing industries and domestic jobs as well as
  sex industries in destination countries generated
  TIP.
• In China, the uneven ration between males and
  females is the driving force for TIP ( forced
  marriage and child adoption).

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TIP Situation in Myanmar
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• In 2010, a total of 173 TIP cases
• 502 perpetrators ( male 197 and female 305 ) were
  prosecuted and
• Managed to rescue 381 victims ( male 89 and
  female 292 ).
• 76.8 of trafficked victims were destined to
  China,
• 10.9 to Thailand,
• 3.4 to Malaysia and
• 8.7 were internally trafficked.
• 70.5 were found to be for forced marriage, 12.7
  for labour exploitation, 10.4 for prostitution,
  4.6 for forced begging and 1.7 were child
  trafficking.
• 158 TIP cases out of 173 were found to be cross
  border trafficking into the neighbouring
  countries.

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Types of Trafficking
1. Forced marriage 122 cases 70.5
2. Labour exploitation 22 cases 12.7
3. Forced into prostitution 18 cases 10.4
4. Forced to beg 8 cases 4.6
5. Child trafficking 3 cases 1.7
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Countries of Destination
1. Towards China 133 cases 76.8
2. Towards Thailand 19 cases 10.9
3. Towards Malaysia 6 cases 3.4
4. In-country trafficking 15 cases 8.6
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 States and Regions with Highest TIP Incidences
1. Northern Shan State 72 cases 41
2. Yangon Region 25 cases 14
3. Kachin State 21 cases 12
4. Mandalay Region 19 cases 11
5. Kayin State 9 cases 5
6. Mon State 8 cases 4
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Record on TIP cases and Legal action taken from
2006 to 2010
Sr. Year No. of Case Victims Rescued Traffickers prosecuted
1. 2006 47 cases 268 97
2. 2007 29cases 272 62
3. 2008 27 cases 251 54
4. 2009 24 cases 139 54
5. 2010 31 cases 214 70
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• Myanmars Endeavours in combating Trafficking in
  Persons

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Law and Mechanism

• TIP Law was promulgated on September 13, 2005.
• According to TIP Law, Central Body including the
  following three Working Groups were formed
• Working group on Prevention of Trafficking in
  Person and protection of Trafficked Victims
• Working group on Legal Framework and Prosecuting
  Measures
• Working group on Repatriation ,Reintegration and
  Rehabilitation of Trafficked Victims

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TIP Law contain contains 10 chapters. The acts to
protect the victims are

• Chapter (5) Safeguarding the Rights of
  Trafficked victims
• Chapter (6) Special Protection of Trafficked
  victims, Women,
• Children and Youth
• Chapter (7) Repatriation, Reintegration and
  Rehabilitation
• Chapter (8) Establishment of the fund

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Policy

• Policy frameworks implemented to combat TIP -
• National Task Force ,1997
• Myanmar National Committee for womens Affairs,
  2000
• Central Supervision Committee on Illegal
  Migration, 2001
• Myawaddy Reception Center, 2002
• Working Committee on Anti-Trafficking in
  Persons, May 2003
• Myanmar womens Affairs Federation, December
  2003
• The CB and WG for suppression of TIP and
  States/Divisions/ Districts/ Township level
  ,February 2006
• Five Year National Plan of Action (2007
  2011)was drawn up in 2007 and Annual Work Plan
  has been drawn up in yearly.

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2010 Work Plan

• The period designated for 2010 Work Plan was from
  1st January 2010 to 31st December 2010.

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Five Areas of Activities undertaken under 2010
Work Plan

• Policy and Cooperation
• Prevention
• Prosecution
• Protection
• Capacity Building

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Two Strategies and Three Tactics

• All activities in the Work Plan are implemented
  in accordance with the Two Strategies and the
  Three Tactics laid down in the Five-Year
  National Plan of Action to Combat TIP.

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Two Strategies

• To prevent and suppress trafficking in persons as
  a national duty since trafficking damages the
  pride and pedigree of Myanmar nationality that
  should be valued and safeguarded by all Myanmar
  people.
• In preventing and suppressing trafficking in
  persons, particular attentions should be paid to
  women , children and youth.

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Three Tactics

1. To implement Prevention, Prosecution, Protection
   and Rehabilitation measures effectively.
2. To cooperate and strengthen activities among the
   relevant government departments, organizations,
   INGOs, NGOs and private sector.
3. To strengthen cooperation with regional and
   international agencies in combating transnational
   trafficking.

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MoU in dealing with TIP

• Regional MoU
• (Coordinated Mekong Ministerial Initiatives
  Trafficking ) COMMIT MoU in 2004
• Bilateral MoU
• Myanmar-Thailand in 24th April 2009
• Myanmar-China in 11th November 2009

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Cooperation between Myanmar and Thailand on
Combating TIP

• There are cases of cross border trafficking
  between Myanmar and Thailand where labour
  exploitation is rampant in places like factories,
  agricultural plantations and on fishing boats.
  There are also sexual exploitation in sex
  entertainment industries.
• Through bilateral negotiations, a total of 610
  trafficked victims were repatriated back between
  1992 and 2010.
• To effectively address TIP issue between the two
  countries, a MoU was signed at the ministerial
  level on 24 April 2009.

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• In order to implement this MoU, a 3-year MoU Plan
  of Action, covering the following six areas was
  agreed upon by two countries on 8 June 2009
• Mechanism to execute the Plan of Action
• Situation analysis and needs assessment
• Cooperation in preventive measures
• Cooperation in protection of victims of
  trafficking in persons
• Cooperation in suppressing of trafficking in
  persons and
• Cooperation in repatriation and reintegration.

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The above-mentioned activities are being carried
out as follows and the remaining activities will
be implemented accordingly -

• Identifying national focal points in each country
  
• Assessing human trafficking situation
• Undertaking preventive measures
• Protection of trafficked victims
• Joint suppression of trafficking in persons
• Cooperation in the area of repatriating
  trafficked victims
• Implementing partners such as UNIAP, UNICEF,
  ARTIP, IOM WVM, SCM, AFXB etc. are supporting the
  cooperation process between Myanmar and Thailand
  by extending financial, technical and advisory
  support.

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Cooperation between Myanmar and China in
combating TIP

• Forcing young girls into marriage and placing
  children for adoption are the major TIP problems
  between Myanmar and China
• MoU for enhanced cooperation was signed on
  11-11-2009.

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The following activities were carried out during
2010 -

• High level meetings between both countries on
  suppressing trafficking in persons were held
  since 2005.
• Through cooperative efforts, (506) trafficking
  cases headed for China got exposed during the
  period 2006 to 2010 and
• a total of (1371) traffickers were taken legal
  action.
• From these cases, (926) trafficked persons and
  potential victims were rescued, and through
  negotiations, (748) trafficked victims were
  repatriated between 2005 and 2010.

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• Besides, to effectively prevent cross border
  human trafficking between the two countries, two
  border liaison offices (BLO) have been
  established and regular meetings were taken
  place.
• UNIAP, UNICEF, ARTIP, IOM, WVM,SCM and AFXB
  extended assistance and support to measure
  undertaken between Myanmar and China in combating
  TIP.

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Publishing Booklet on Combating TIP as media
Campaign

• The Central Body for Suppression of Trafficking
  in Persons and Internatinal Organizations and
  Some NGO jointly translated into Myanmar
  Language and published the following 3 booklets
  -
• Guide to Ethics and Human Rights in Counter
  Trafficking
• 10 things you need to know about human
  trafficking
• A handbook on Child Friendly Investigation
  Procedures

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Activities in the Area of Prevention

• Conducting Awareness Raising Activities in the
  States and Divisions
• Providing awareness on human trafficking to
  targeted audiences
• Special programme on human trafficking prevention
  in hot spot areas such as Northern Shan and
  Kachin Stats and in Mandalay Division
• Ensuring children to have access to education by
  providing and facilitating necessary assistance
  
• Teaching Anti-Trafficking in Persons subject as
  extra curricula in Basic Education High School

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• Providing vocational trainings , creating job
  opportunities and providing credit/ grant to
  vulnerable individuals
• Facilitating Voluntary participation of Children
  and victims in human trafficking prevention
  initiatives
• Conducting pre-departure programmes including
  producing a pre-departure information handbook
  provided to potential migrants
• Awareness raising programme on trafficking with
  employers and workers in the Industrial Zones.
• Conducting awareness raising activities on human
  trafficking and child sexual exploitation to
  personal from hotel and tourism industry.

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• Barring tourist that are blacklisted for
  committing child sexual exploitation crimes from
  entering into country.
• Strengthening border controls top check and
  manage illegal border crossing as a mean to
  prevent human trafficking

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Activities in the Area of Prosecution

• Practicing Mutual Assistance in Criminal Matters
  in order to have effective prosecution on
  trafficking and ensure victims to receive
  compensation.
• Extradition of offenders who committed the crime
  of human trafficking
• Identification of Victims.
• Formation of new Anti-Trafficking Task Force.
• Providing special protection and assistance to
  trafficking victims during prosecution process
• Exposing and prosecution human trafficking cases.
  
• Arresting traffickers committing crimes in gangs
  and rescuing victims
• Money laundering in connection with human
  trafficking

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Activities in the Area of Protection

• Facilitating safe and timely repatriation and
  family reunification for trafficking victims.
• Providing assistance to trafficking victims who
  are identified overseas.
• Establishing of temporary shelters for
  trafficking survivors
• Providing vocational training and job
  opportunities for trafficking victims.
• Provision of human trafficking awareness to
  parents, guardians, families, relative and
  communities to reduce risk of re-victimization.
• Issuance of Nationality Registration Cards to
  returned trafficking survivors as special cases

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Activities in the Area of Capacity Building

• Attending international Seminars and workshops.
• Human Trafficking taught as a subject at the
  Central Public Services Training Institutes

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Spending on combating Trafficking in Persons

• A total of Kyats ( 4234.28) million about US
  4.2 million was contributed for the cause
  during the year 2010, Kyats Kyats (2494.88)
  million about US 2.49 million from the
  Government and local social organizations and
  another Kyats (1748.40) Million about US 1.74
  million from partner organizations like UN
  agencies INGOs.

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Success and Challenges

• There are success as well as challenges and
  constraints in implementing programmes to combat
  TIP as follows -
• In forging cooperation between Myanmar and
  Thailand , the fact that the National focal point
  in Myanmar is the Ministry of Home Affairs
  whereas it is the Ministry of Social Welfare in
  Thailand and this poses a problem for undertaking
  joint preventive actions against cross border
  trafficking incidences.
• In forging cooperation between Myanmar and China
  , China has not enacted national laws on
  trafficking of persons and this became a
  constraint to effectively prosecute and punish
  traffickers.

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• When cooperating with Thailand on repatriating
  trafficked victims, the lengthy legal progresses
  are keeping the victims far too long at the
  shelters in Thailand.
• In repatriating trafficked victims from China,
  there should be processes where the victims can
  be repatriated through victims support agencies
  in accord with international practices instead of
  through the police
• There are about (400) trafficked victims that are
  being rescued and returned to Myanmar annually
  but the mechanisms for rehabilitating and
  reintegrating these (400) or so returnees are
  still found to be challenging .

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• the Bodies for Suppression of Trafficking in
  Persons are being formed not only at States and
  Regional levels but also exits at district and
  Township levels but the leadership at various
  levels in implementing programmes still need to
  be strengthened. Preventive momentum needs to be
  enhanced systematically at States and Regional
  Levels.
• There are many workers working illegally in
  Thailand and an evolution process where some
  illegal workers are turning into victims of
  trafficking can be observed.

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Observations

• Although majority of planned activities in the
  2010 work plan were being implemented, some were
  delayed as those can only be undertaken through
  bilateral coordination arrangements.
• Although the setting up of border cooperation
  mechanism between Myanmar and Thailand have not
  materialized, meetings between Myanmar Police
  Force, Thai Department for Special Investigation
  (DSI ) and Thai Anti Human Trafficking Department
  (AHTD) are taking place regularly every four
  months
• Establishing national guidelines significantly
  contributed to the preventive programs on
  Trafficking in persons.

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• One of the Major activities in combating human
  trafficking is to have an effective criminal
  prosecution response. Various expertise trainings
  conducted for judges, law officers, immigration
  officers in 2010 has increased capacities in
  the field of prevention.
• the active participation and contributions of
  Myanmar Womens Affairs Federation and Myanmar
  Maternal and Child Welfare in preventive
  activities on human trafficking are commendable
  achievement.
• Related Ministries stepped up their involvement
  in anti-trafficking measures.
• The support received from our partner
  organizations such as UN Agencies International
  Organizations are so prominent that they should
  be put on record.
• A good momentum is in place for cooperating
  closely with Government Departments local
  organizations and civil societies.

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Conclusion

• In 2011, Myanmar will try its utmost to overcome
  the weaknesses and constraints encountered during
  the implementation process based on the past
  experiences .
• We all should be on guard and carry out
  preventive and suppressive actions at our utmost
  until the problem of human trafficking disappear
  on earth.
• All Government bodies concerned, local
  humanitarian institutions, United Nations
  Agencies and International Organizations to
  combat TIP as a cohesive force with enthusiasm.

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Thank you !