Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Other comments on C029

Observation

Direct Request

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal framework and law enforcement. The Committee notes that the Anti-Trafficking in Persons Law of 2005 (Anti-Trafficking Law) aims to prevent and suppress trafficking in persons, with particular attention to women, children and youth. According to section 24 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. According to section 25, whoever is found guilty of trafficking in persons, other than women, children and youth 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. “Trafficking of persons”, as defined under section 3 of the Anti-Trafficking Law includes, recruiting, transporting, selling, transferring, harbouring, purchasing, lending, hiring or receiving another person for the purposes of exploitation and the term “exploitation” includes all forms of sexual exploitation, forced labour or services, and slavery, servitude or debt bondage. The Committee also notes that according to the Final Report Phase-III of the United Nations Inter-Agency Project on Human Trafficking of July 2014 (UNIAP report), the second five-year National Plan of Action (NPA) to Combat Human Trafficking 2012–16 was adopted by the Government. The Committee requests the Government to provide information on the concrete measures taken within the framework of the second five-year NPA to combat the trafficking of persons and the results achieved. The Committee also requests the Government to provide information on the application of sections 24 and 25 of the Anti-Trafficking Law, in practice, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of persons.

2. Monitoring mechanisms and protection of victims. The Committee notes that the Government, in its report of August 2015 to the Human Rights Council Working Group on the Universal Periodic Review (Government’s report to the Human Rights Council), indicates 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 victims of trafficking (A/HRC/WG.6/23/ MMR/1, paragraph 92). The Committee also notes from the UNIAP report, that an Anti-Trafficking in Persons Division was created in 2013 under the CBTIP. 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 requests the Government to provide information on the activities undertaken by the three working groups on trafficking in persons and the Anti-Trafficking in Persons Division, under the CBTIP, to combat the trafficking of persons, as well as information on the number of victims of trafficking that have been identified and reintegrated pursuant to such activities. It also requests the Government to provide information on the impact in combating the cross-border trafficking of persons following the establishment of the Border Cooperation on Anti-Trafficking in Persons Mechanism with Thailand and the Border Liaison Offices with China.