Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year as well as on the basis of the information at its disposal in 2019.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Institutional framework and law enforcement. The Committee previously noted that according to sections 24 and 25 of the Anti-Trafficking in Persons Act of 2005, 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 from a minimum term of five years to a maximum term of ten years, and may also be liable to a fine. It also noted that a Central Body for Suppression of Trafficking in Persons (CBTIP) was established with three working groups functioning under it and an Anti-Trafficking in Persons Division was created under the CBTIP. The Committee requested the Government to provide information on the activities undertaken by the three working groups and the Anti-Trafficking in Persons Division under the CBTIP.

The Committee notes the Government’s information in its report that in 2018 the CBTIP conducted: 67 awareness-raising talks on trafficking in persons in the various regions and states; 273 awareness-raising talks in various departments attended by over 25,000 participants; 1,081 such talks in schools which were attended by over 375,000 participants; 3,386 such talks for the public which were attended by over 411, 000 participants; and disseminated over 888,000 pamphlets on trafficking in persons. In addition, from April 2019 to July 2020, the Myanmar police and the Anti Trafficking in Persons Division conducted awareness-raising programmes on trafficking in persons for an estimated 523,444 people and distributed 568,591 pamphlets. The Government indicates that in 2019, capacity-building workshops and training were conducted for officials from the Anti-Trafficking in Persons Division and the State/regional police force in cooperation with the ILO, the International Organisation for Migration (IOM), the Japan International Cooperation Agency, the United Nations Office on Drugs and Crime, UNICEF and the EU. Moreover, a basic investigation course on trafficking in persons was provided to 88 trainees in the Anti-Trafficking in Persons Division and several talks were delivered to over 19,000 participants of the civil service department, police training schools and other relevant departments and states.

According to the statistical information provided by the Government, from 2018 to 2019, 46 persons were arrested in 29 cases involving 67 victims of trafficking in persons for forced labour, of which 17 persons were victims of trafficking on fishing boats. Of these, 13 cases were related to trafficking of persons to Malaysia (2), Thailand (3) and to China (8). In 20 cases action was taken under the Anti-Trafficking Law. From 2018 to July 2019, 2,615 reports of trafficking of persons were received by the hotline telephone and in seven cases action was taken under the Anti-Trafficking Law. Furthermore, from April 2019 to July 2020, 248 cases of trafficking in persons were reported and action was taken against 751 perpetrators, including 244 men and 507 women. In this regard, the Committee notes the information contained in a report on the official website of the President of Myanmar, that the country’s human trafficking cases were found to be 75.24 per cent in forced marriages and 13.59 per cent for forced prostitution and 8.74 per cent for forced labour. By countries of destination, 79.61 per cent were related to China, 1.46 per cent to Thailand and 18.93 per cent within Myanmar. The Committee 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 also requests the Government to continue providing information on the measures taken to strengthen the capacities of the law enforcement officials as well as to provide information on the activities undertaken, including by the Anti-Trafficking in Persons Division under the CBTIP to combat trafficking in persons.

2. Programmes of action and bilateral cooperation. In its previous comments the Committee noted that bilateral cooperation on cross-border trafficking was concluded with Thailand and China and a third five-year National Plan of Action (NPA) to combat human trafficking for 2017–2021 was adopted. The Committee requested the Government to provide information on the concrete measures taken within the framework of the NPA 2017–2021 to combat trafficking in persons as well as the actions carried out through its bilateral cooperation with neighbouring countries.

The Committee notes the Government’s information that within the framework of the NPA, the National Task Force secretary, the Police Brigadier and the Head of the Anti-Trafficking in Persons Division drafted an annual work plan 2019, for combating trafficking of persons. Following the implementation of this work plan, the Department of Fishery established and implemented a pilot project for preventing trafficking in persons in the fishing industry; carried out awareness-raising measures for fishing business men, private factories, and fishing boat and factory owners; and took measures to cancel the business licences of business men who committed labour exploitation in domestic fishing industries. The Committee also notes the detailed information provided by the Government on the various activities undertaken by the Government in cooperation with other countries in its fight against trafficking in persons, in particular various training courses and workshops on strengthening the capacity and coordination on prevention and investigation of trafficking in persons for law enforcement officials conducted in India, China, Lao People’s Democratic Republic, Philippines, Thailand, Singapore, Indonesia, Malaysia and Viet Nam. It also notes the Government’s information that the seventh Myanmar Anti-Trafficking in Persons Day was observed on 13 November 2019. The Committee encourages the Government to continue its efforts to combat trafficking in persons, including through the implementation of the NPA 2017-2021 and through actions carried out within the bilateral cooperation agreements with its neighbouring countries. It requests the Government to continue to provide information on the measures taken and the results achieved in this regard.

3. Protection and assistance. The Committee notes the Government’s information that in 2019, a total of 172 victims of trafficking were provided with assistance, including financial assistance for small scale businesses to 102 victims and for livestock breeding to 53 victims; vocational assistance to six; assistance in the agricultural sector to eight; education assistance to two and health assistance to one victim. Moreover, in 2019, 312 victims (308 female victims and four boys), and from January to July 2020, 113 victims of trafficking (93 women and 19 girls) were repatriated from China and reintegrated with their families. The Government also indicates that shelter, care, legal and psycho-social support was provided to 17 victims of internal trafficking and 68 victims of trafficking who were to testify before the courts in China. The Government further indicates that during the period from January to July 2020, MMK 2.6 million from the State budget was provided to 26 victims of trafficking. The Government further notes the information from a 2018 report of the International Organisation for Migration (IOM) the Myanmar’s Ministry of Social Welfare, Relief and Resettlement, with the support of the IOM launched a manual of standard operating procedures for case management, repatriation and reintegration of victims of trafficking from Thailand. To date, Myanmar and Thailand have coordinated for the safe and dignified return of 500 victims of trafficking from Thailand to Myanmar.  The Committee strongly encourages the Government to continue taking effective measures to ensure that victims of trafficking are provided with appropriate protection and services, and to provide information on the number of persons benefiting from these services.