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The Anti-Trafficking in Persons Law criminalizes all forms of sex and labor trafficking using definitions that are generally consistent with international law; however, it does not appear to contain provisions establishing that, when children are the victims of a trafficking offense, the use of force, fraud and coercion is not a required element of the offense. The law provides for penalties ranging from a minimum of five years to a maximum of imprisonment for life, depending on the identity of the victim and other factors. These punishments are sufficiently stringent and commensurate with those prescribed for other serious crimes, such as rape.
Forced labor, including the recruitment of children into the military, is a criminal offense under the Anti-Trafficking Law, the Wards and Village Tracts Administration Act, and penal code sectionfor which the maximum sentence is one year or fine or both—an insufficiently stringent penalty. The military reportedly pursues its own punitive measures for child recruitment cases through unknown provisions in military law, although the penalties it applies are disproportionately low compared to the seriousness of the crime. During the reporting period, the government continued a legal review to redraft and strengthen the law. Inthe government reported investigating 95 cases, leading to the prosecution and conviction of traffickers, compared with cases investigated and traffickers prosecuted and convicted inand 98 investigations and prosecutions and convictions in However, of the 95 cases investigated, 46 were cases of forced labor, including 23 cases of domestic servitude and 26 cases involving labor trafficking in the fishing, manufacturing, and other such industries, compared with 54 labor cases in and 54 labor cases in Courts convicted 26 individuals under the anti-trafficking law for subjecting Bangladeshi and Rohingya migrants to trafficking, although it was unclear if these constituted instances of smuggling; Myanmar sex live chart lead offender, a Thai national, received a year prison sentence.
However, a lack of clarity between the roles and responsibilities of ATTF officers and general police investigators, coupled with poor police-prosecutor cooperation, continued to hamper the success of investigations and prosecutions. Local experts reported non-ATTF police perceived they did not have the authority to pursue investigations proactively, and primarily opened investigations only in response to complaints. An acute lack of basic policing equipment and resources remained a major obstacle for police to proactively undertake investigations into trafficking crimes.
During the year, the government changed its policies to facilitate greater efficiency in trafficking cases by granting decentralized authority for sentencing traffickers, eliminating the previous requirement for such sentencing decisions to be made in the capital city. The ATIPD provided both basic introductory and on-the-job training for police, and international organizations funded additional anti-trafficking training for Burmese officials. During the reporting period, the Myanmar Police Force hosted the Thai Department of Special Investigators and the Thai Royal Police for discussions on enhancing bilateral anti-trafficking efforts, culminating in increased access by Burmese law enforcement and social welfare personnel to victims in Thai custody.
Some military and civilian officials reportedly facilitated the smuggling and exploitation of Rohingya migrants and subjected civilians, particularly members of ethnic minority groups, to forced labor within Burma. There are reports that corruption and impunity continued to hinder the enforcement of trafficking laws; individuals claiming to have ties to high-level officials may have pressured victims not to seek legal redress against their traffickers. The power and influence of the Burmese military limited the ability of civilian police and courts to address cases of forced labor and the recruitment of child soldiers by the armed forces; there is no evidence any soldiers accused of trafficking crimes have ever been prosecuted in civilian courts, nor has the government ever prosecuted a civilian for child soldier recruitment.
The Ministry of Defense undertook independent efforts to investigate and punish military personnel for child soldier recruitment; it reported punishing 13 officers and 23 noncommissioned personnel incompared to 11 officers and 14 noncommissioned personnel in It did not report punitive measures for military personnel guilty of subjecting children or adults to forced labor. Imposed punishments were significantly less than those prescribed by criminal laws, with most receiving reprimands, fines, or a decrease in pension, and NGOs assessed these penalties to be insufficient. For the first time, the government investigated and initiated prosecutions against government officials suspected of complicity in trafficking crimes; in one case, authorities charged a police constable with transporting a year-old girl from Rangoon to Muse for the purpose of subjecting her to forced marriage in China, where she would have been at a high risk of other forms of exploitation.
The second case involved a police lance corporal suspected of complicity in subjecting six men to debt bondage in Mon State. Both prosecutions were initiated in November and were ongoing at the end of the reporting period. In one high-profile forced labor case, three children were physically abused and forced to work in a tailor shop in Rangoon over the course of five years with little to no pay. Two police commanders dismissed initial reports of the abuse, prompting a local journalist to file a complaint with the National Human Rights Commission NHRC. The NHRC brokered a financial settlement with perpetrators rather than referring the case to prosecution under the anti-trafficking laws.
Their trial date was pending at the close of the reporting period. More victims were identified by authorities in other countries than within Burma. Police and border officials identified victims at Thai and Chinese border crossings in and 68 in The government did not report how many additional victims it identified within Burma. Inthe government released individuals originally recruited as children from the military through implementation of its UN-backed action plan on child soldiers the previous year and in Local observers reported once individuals were identified as possible child soldiers, the military made progress in providing immediate protections, including removal from combat, before formal verification procedures concluded.
The government expanded the deployment of three full-time case managers to each of 42 Department of Social Welfare DSW offices—up from 27 offices in —to provide healthcare, reintegration, psycho-social, and legal services to trafficking victims, including child soldiers. Despite this improvement, DSW continued to lack the resources necessary to adequately provide intended services to trafficking victims, and relied on civil society organizations to provide most services to victims. The government worked with Thailand to finalize and begin implementing bilateral standard operating procedures on repatriation, reintegration, and rehabilitation in March While law enforcement officials continued to proactively identify suspected victims en route to China for forced marriages likely to result in sex or labor exploitation, or to Thailand for potential sex trafficking, authorities did not follow standardized, nationwide procedures for the proactive identification of trafficking victims.
Despite some progress, front-line officers largely lacked adequate training to identify potential victims. The military continued to subject civilians to forced labor. In one case, the military forcibly removed 12 elderly men from their mosque during prayer and beat them, forced them to carry any personal belongings deemed useful in a conflict setting—including heavy car batteries—to another village, and then confiscated these belongings. Ethnic minority groups in Burma—particularly internally displaced Rohingya, Rakhine, Shan, and Kachin communities—continued to be at elevated risk of forced labor as a result of ongoing military incursions, and the government remained largely inactive on this long-standing issue.
For the second year, the military granted within 72 hours all requests from UN monitors to access military installations to inspect for the presence of children, although the UN reported the military may have carefully controlled these visits and possibly cleared problematic indicators in advance. An uptick in violence in Rakhine and Shan states may have constrained monitoring efforts. The government continued to operate five centers for women and children who were victims of violent crime; all five could shelter trafficking victims, and one was dedicated to female trafficking victims.
In addition, the government operated three facilities funded by a foreign donor that could serve both men and women. It did not report the total number of victims receiving services in these facilities, or whether shelters housed any men. In previous years, repatriated victims of trafficking abroad could stay in transit centers prior to their reintegration, but it was unclear how many victims benefitted from this provision in Services in government facilities remained rudimentary, but the government increased its funding allocation to trafficking victim protection, and some victims received psycho-social counseling, travel allowances, support for obtaining official documents, and assistance in returning to home communities.
Overall government support to demobilized children remained minimal, with most services provided by civil society partners.
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NGOs and foreign donors funded and facilitated delivery of most services available to trafficking victims. Longer-term support was limited to vocational training for some former child soldiers and women in major city centers and border areas; the lack Myanmar sex live chart adequate protective measures for victims—particularly males—left them vulnerable to re-trafficking. The government did not have adequate procedures for assisting victims identified abroad, and diplomatic missions overseas largely lacked adequate funding or capacity to provide basic assistance or repatriate victims.
It provided anti-trafficking training for its diplomatic personnel and worked with an international organization to establish victim identification reference materials for consular officers, although the latter process was ongoing at the end of the reporting period. Inthe ATIPD sent a delegation of law enforcement officials to South Korea for a workshop on victim identification, support, and sustainable protection. Victims frequently declined to cooperate with authorities due to the lack of adequate victim protection or compensation programs, language barriers, a lengthy and opaque trial process, fear of repercussions from their traffickers, and general mistrust of the legal system.
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