The Anti-Trafficking in Persons Act (Law No. 5/2005)

Myanmar has ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children and the United Nations Convention Against Transnational Organized Crime, also known as the Palermo Protocol.

The country’s Anti-Trafficking in Persons Act, adopted in 2005, defines trafficking in persons as “recruitment, transportation, transfer, sale, purchase, lending, hiring, harbouring or receipt of persons after committing any of the following acts for the purpose of exploitation of a person with or without his or her consent:

1. Threat, use of force or other forms of coercion;
2. Abduction;
3. Fraud;
4. Deception;
5. Abuse of power or of position taking advantage of the vulnerability of a person;
6. Giving or receiving of money or benefit to obtain the consent of the person having control over another person.” [Chapter I, section 3(a)].^[1]

The act defines a child as a person under the age of 16 and youth as a person who is over 16 but has not attained the age of 18 years [Chapter I, Section 3(j)(k)]. It prescribes penalties for trafficking women, children, and youth, including imprisonment ranging from 10 years to life and a possible fine (Chapter IX, Section 24). Furthermore, special protections are granted to child victims of trafficking to safeguard their rights. However, these protections are limited to the duration of court proceedings (Chapter V).

With respect to the recruitment of children, the definition of child trafficking includes any “act” such as recruitment or transfer for the purpose of having a child be linked to hostilities or a group in armed conflict.^[2] The act itself may not end at recruitment and use but can lead to the child being exposed to other grave violations of abduction, rape and other forms of sexual violence, re-recruitment and killing and maiming in the course of the child being trafficked or seeking to flee.^[3] Additionally, the “act” requirement of child trafficking, such as recruitment, transfer, transport, receipt, or harbouring of persons is often intrinsically connected with  abduction.^[4]

Over the last few years, the sale and trafficking of children for both sexual and labour exploitation purposes in Myanmar has also been noted as a cause for concern by the International Labour Organization (ILO) as well as international supervisory bodies.^[5]

For the Act to be more effective for children, the ILO recommends (1) improving the definition of trafficking to stipulate that coercion is not necessary to establish the crime of trafficking, and (2) enhancing the protection of victims of trafficking to safeguard their dignity and rights beyond the course of court proceedings in alignment with international guidelines. Regarding implementation, the ILO has noted “serious issues” concerning the enforcement of the penalties under Chapter IX of the Act.^[6]

^[1] The State and Peace Development Council (SPDC), The Anti-Trafficking in Persons Law (Law No. 5/2005), 2005, Chapter 1, section 3(a), https://www.myanmar-law-library.org/spip.php?page=pdfjs&id_document=1442.

^[2] Office of the Special Representative of the Secretary-General for Children and Armed Conflict, Child Trafficking and Armed Conflict, October 3, 2024, p. 14, https://childrenandarmedconflict.un.org/wp-content/uploads/2024/10/Child-trafficking-and-armed-conflict-web.pdf.

^[3] Ibid. p. 15.

^[4] Ibid. p.19.

^[5] International Labour Organization (ILO), Child Labour in Myanmar: A Legal Review, 2020, p.5, https://www.ilo.org/sites/default/files/wcmsp5/groups/public/%40asia/%40ro-bangkok/%40ilo-yangon/documents/publication/wcms_831308.pdf.

^[6] International Labour Organization (ILO), Myanmar: Legal Review of National Laws and Regulations Related to Child Labour in Light of International Standards 2020, 2021, p. 84, https://www.ilo.org/sites/default/files/wcmsp5/groups/public/%40asia/%40ro-bangkok/%40ilo-yangon/documents/publication/wcms_841109.pdf.