uniap_2010ht_datasheets

MyANMAR HuMAN TRAFFICkING DATAsHEET
Trafficking & law in Myanmar
lEGAl DEFINITION OF HuMAN TRAFFICkING IN MyANMAR
Section 3(a) of the Anti-Trafficking in Persons Law
(2005) states that trafficking in persons means ‘the
recruitment, transportation, transfer, harbouring
or receipt of persons after committing any of the
following acts for the purpose of exploitation of a
person with or without her consent:
• threat, use of force or other form of coercion;
• abduction;
• fraud;
• deception;
• abuse of power or position taking advantage of
the vulnerability of a person;
• giving or receiving of money or benefit to obtain
the consent of the person having control over
another person’.
ANTI-TRAFFICkING lAws & GuIDElINEs
Anti-Trafficking in Persons Law (2005)
key legal instruments, agreements and guidelines which
relate to anti-trafficking in Myanmar
• Anti-Money Laundering Law (2002)
• Memorandum of Understanding between Myanmar
and Thailand on Cooperation in the Employment of
Workers (2003)
• Memorandum of Understanding between Myanmar
and Thailand on Cooperation to Combat Trafficking in
Persons (2008)
• Memorandum of Understanding between Myanmar
and China on Cooperation to Combat Trafficking in
persons (2009)
• Coordinated Mekong Ministerial Initiative Against
Trafficking (COMMIT) Memorandum of Understanding
on Cooperation Against Trafficking in Persons in the
Greater Mekong Sub-region (2004)
• Myanmar Five-Year National Plan of Action (2007)
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Section 3(a)(1) defines exploitation as including:
• ‘receipt or agreement for receipt of money or
benefit for the prostitution of one person by
another;
• other forms of sexual exploitation;
• forced labour;
• forced service;
• slavery;
• servitude;
• debt-bondage; or
• the removal and sale of organs from the body’.
TRAFFICkING PERPETRATORs OPERATING
IN MyANMAR
Traffickers and organised criminal groups are generally based
in destination countries but may be linked to recruiters,
brokers, carriers or others (including relatives) in Myanmar.
Vulnerable people are often lured by promises of high-paying
employment by family members or recruiters who are known
and trusted by the family. In Kayin State, traffickers and
brokers operate at the transit point of Kawkareik, however,
brokers also operate at the village level.
Perpetrators of domestic trafficking operate in the sex
industry (illegal establishments), domestic labour, sweat
shops and coconut plantations.