Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Forced Labour Convention, 1930 (No. 29) - Myanmar (Ratification: 1955)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the adoption of the Anti-Trafficking in Persons Law of 2005 (Anti-Trafficking Law). According to sections 24 and 25 of this Law, persons found guilty of trafficking women, children and youth shall be punished with imprisonment from a minimum of ten years to life imprisonment and a fine, while those who are found guilty of trafficking other persons shall be punished with imprisonment for a term from a minimum of five years to a maximum of ten years, and may also be liable to a fine. The Committee also noted that, according to the Final Report Phase-III of the United Nations Inter-Agency Project on Human Trafficking of 2014 (UNIAP report), the second five-year National Plan of Action (NPA) to Combat Human Trafficking for 2012–16 was adopted. In addition, with the support from the UNIAP, a Border Cooperation on Anti-Trafficking in Persons Mechanism with Thailand and Border Liaison Offices with China have been established to support coordination in cases of cross-border trafficking. The Committee further noted that, pursuant to section 5 of the Anti-Trafficking Law, a Central Body for Suppression of Trafficking in Persons (CBTIP) was established with three working groups functioning under it, namely: (i) on prevention of trafficking in persons and protection of trafficking victims; (ii) on legal framework and prosecution measures; and (iii) on repatriation, reintegration and rehabilitation of trafficking victims. An Anti-Trafficking in Persons Division was also created in 2013 under the CBTIP.

The Committee notes the Government’s information in its report that, among all the identified cases of trafficking, internal trafficking accounts for only 15 per cent, while cross-border trafficking accounts for 85 per cent. Within the framework of Memorandum of Understanding (MoU) concluded with neighbouring countries, such as Thailand and China, the Government develops annual plans to enhance bilateral cooperation in the investigation of cross-border trafficking. In this regard, one more liaison office was established at the border with China in 2017. At the regional level, Myanmar ratified the ASEAN Convention against Trafficking in Persons, Especially Women and Children in 2017. The Committee also notes that the third NPA for the period of 2017–21 was adopted.

The Government indicates that, during the period of the second five-year NPA (2012–16), the Working Group on legal framework and prosecution measures initiated legal proceedings for 606 trafficking cases, involving 1,751 offenders. A large number of offenders were convicted and received penalties of up to life imprisonment. In addition, from January 2017 to June 2018, 331 cases of trafficking were prosecuted, involving 937 offenders. Moreover, from 2012 to 2016, the Working Group on prevention of trafficking in persons and protection of trafficking victims organized 14,334 awareness-raising activities, which reached 1,925,810 persons. A large number of anti-trafficking pamphlets were also disseminated to the public. Moreover, protection services were provided to 23,309 victims and potential victims of trafficking. During the same period, the Working Group on repatriation, reintegration and rehabilitation of trafficking victims provided necessary assistance to identified victims. 2,270 victims were repatriated to their countries of origin, including Thailand, China, Indonesia and India, while 1,814 received reintegration services with the assistance of the UNICEF. Moreover, 69 victims were provided with vocational training and health-care services, as well as support for setting up small-scale business. From January 2017 to June 2018, 611 victims were repatriated to their countries of origin, while 289 received various reintegration and rehabilitation services. The Committee requests the Government to continue providing information on the concrete measures taken within the framework of the third five-year NPA to combat trafficking in persons, the activities undertaken by the three working groups and the Anti-Trafficking in Persons Division under the CBTIP, as well as the actions carried out through bilateral cooperation with neighbouring countries. The Committee also requests the Government to continue providing information on the application of sections 24 and 25 of the Anti-Trafficking Law in practice, including the number of investigations, prosecutions, and convictions, as well as the specific sanctions imposed. It further requests the Government to continue providing information on the number of victims of trafficking that have been identified and provided with appropriate protection and assistance.

[The Government is asked to supply full particulars to the Conference at its 108th Session and to reply in full to the present comments in 2019.]