[ Human Trafficking, Country-by-Country ]

BURMA (Tier 3) – Extracted in part from the U.S. State Dept 2023 TIP Report - Burma

Burma does not fully meet the minimum standards for the elimination of trafficking and is not making significant efforts to do so, even considering the impact of the COVID-19 pandemic on its anti-trafficking capacity; therefore Burma remained on Tier 3.  During the reporting period, the military continued a policy or pattern of use of children and adults for forced labor.  Despite the lack of significant efforts, the regime reported investigating and convicting more traffickers; sentencing traffickers to imprisonment; and conducting an awareness-raising event.  The regime also enacted the 2022 anti-trafficking law, which removed the requirement of force, fraud, or coercion for a child sex trafficking crime, thereby criminalizing all forms of labor and sex trafficking.  The February 2021 military coup that deposed the democratically elected government exacerbated conflict between the military and both pro‑democracy People’s Defense Force groups and ethnic armed organizations (EAOs) throughout the country, displacing more than one million people – mostly from ethnic minority communities – and political dissidents, many of whom were at risk of trafficking as a result of their displacement.  Efforts to combat trafficking continued to decline dramatically after the coup as the military regime shifted its focus away from justice-sector priorities and toward persecution of the pro-democracy opposition.  The regime did not report any law enforcement action against military or deposed civilian government officials for complicity in trafficking, despite continued, regular reports of such complicity.  The regime did not identify any trafficking victims or adequately screen for trafficking among at-risk populations, and, as a result, it inappropriately penalized victims for unlawful acts committed as a direct result of being trafficked.  The regime prevented civil society organizations from providing essential services to trafficking victims.  The regime also enforced policies that discriminated against its political opposition, Rohingya communities, and other religious and ethnic minorities, which further increased their vulnerability to trafficking.

Prioritized Recommendations

Cease official involvement in compelling civilians to perform any type of forced labor, including for the military, by enforcing existing prohibitions on forced labor and fully implementing associated military command orders against all forms of forced labor, and by prosecuting, convicting, and imprisoning any officials involved in the practice.

Cease all unlawful recruitment and use of children by armed forces, including in non-combatant roles.

Provide legal status to, and facilitate high-security official identity documents for, stateless persons and other vulnerable populations, including children.

Eliminate restrictions on freedom of movement for all populations in Burma, including IDPs, ethnic minority groups, and political dissidents.

Restore cooperation with the UN to facilitate ending the unlawful recruitment or use of children by the military and relevant EAOs.

Investigate, prosecute, and convict traffickers, including civilian brokers, military, and other officials complicit in the unlawful recruitment or use of child soldiers, and seek adequate penalties for convicted traffickers, which should involve significant prison terms.

Proactively identify and protect all trafficking victims, especially IDPs, returning migrant workers, internal migrants working in the fishing and agricultural sectors, and foreign migrant workers in the Special Economic Zones (SEZs).

Ensure victims are not inappropriately penalized solely for unlawful acts committed as a direct result of being trafficked.

Train police and immigration, judicial, and social service personnel on anti-trafficking laws and victim identification, referral, and assistance best practices.

In accordance with the 2022 anti-trafficking law, review and revise the SOPs for trafficking victim identification and referral to care, and utilize, widely distribute, and train relevant authorities at the national and local levels on the SOPs.

Prioritize and increase resources for victim protection, including victim shelters, provision of services for male victims, and reintegration support for former child soldiers.

Finalize implementing regulations for the 2019 Child Rights law, particularly those related to accountability for crimes involving the recruitment and use of child soldiers.

Reform law enforcement to respect human rights principles, including prioritizing the protection of civilians and crime prevention.