Myanmar’s Presentation

1. Myanmar’s 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

2. COUNTRY REPORTon Trafficking in Persons Republic of the Union of Myanmar

3. 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.

4. 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

5. The Root of TIP

6. 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).

7. TIP Situation in Myanmar

8. 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.

9. Types of Trafficking

10. Countries of Destination

11. States and Regions with Highest TIP Incidences

12. Record on TIP cases and Legal action taken from 2006 to 2010

13. Myanmar’s Endeavours in combating Trafficking in Persons

14. 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

15. 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

16. Policy • Policy frameworks implemented to combat TIP :- • National Task Force ,1997 • Myanmar National Committee for women’s Affairs, 2000 • Central Supervision Committee on Illegal Migration, 2001 • Myawaddy Reception Center, 2002 • Working Committee on Anti-Trafficking in Persons, May 2003 • Myanmar women’s 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.

17. 2010 Work Plan • The period designated for 2010 Work Plan was from 1st January 2010 to 31st December 2010.

18. Five Areas of Activities undertaken under 2010 Work Plan • Policy and Cooperation • Prevention • Prosecution • Protection • Capacity Building

19. 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.

20. 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.

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

22. 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

23. 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.

24. 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.

25. 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.

26. 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.

27. 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.

28. 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.

29. 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

30. 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

31. 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.

32. 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

33. 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

34. 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

35. 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

36. Spending oncombating 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.

37. 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.

38. 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 .

39. 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.

40. 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.

41. 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 Women’s 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.

42. 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.