RECOMMENDATIONS FOR BURMA:
Proactively initiate investigations of both sex and labor trafficking offenses, including trafficking occurring
within Burma, and prosecute and convict offenders; increase coordination between specialized anti-trafficking
police units, general police units, and prosecutors and provide more resources to prosecutors for trafficking
cases; increase efforts to investigate and sanction—including through criminal prosecution—government and military
perpetrators of internal trafficking offenses—including forced labor and child soldier recruitment—and make data
about these efforts public; cease all recruitment of children into the armed forces and actively identify and
demobilize all children currently serving in the military’s ranks; develop and implement formal procedures for the
proactive identification of victims among vulnerable groups and their referral to service providers; continue to
bolster training and resources for consular officials and labor attachés in countries with significant populations
of Burmese migrant workers; through partnerships with local and international civil society organizations,
prioritize and significantly increase proactive victim protection efforts, including victim shelters, provision of
services for male victims, and reintegration support for former child soldiers; do not punish victims for acts
committed while being subjected to trafficking or those fleeing forced labor, including children attempting to
leave the army; strengthen age verification procedures for new military recruits; take necessary action to clarify
roles and responsibilities of law enforcement and authorize the anti-trafficking taskforce (ATTF) police to
proactively initiate, investigate, and support prosecution of trafficking cases; reform military policies—including
high recruitment targets and the practice of civilian portering—that drive the demand for forced labor and child
soldier conscription; grant international monitors unhindered access to inspect any and all recruitment centers,
training centers, and military bases for the presence of children; and appoint a case manager to facilitate
victims’ involvement in criminal proceedings and to maintain a victim-centered approach to investigations and
prosecutions.
PROSECUTION
The government continued law enforcement efforts to address cross-border sex trafficking, but did not make progress
in holding significant numbers of traffickers, including public officials, criminally accountable for trafficking
within the country. Burma prohibits sex and labor trafficking through its 2005 Anti-Trafficking in Persons Law,
which prescribes criminal penalties that are sufficiently stringent and commensurate with those prescribed for
rape. Forced labor, including the recruitment of children into the army, is a criminal offense under both the Wards
and Village Tracts Administration Act, passed in March 2012, and penal code Section 374; violations can result in
imprisonment for up to one year, a fine, or both. In addition, forced labor is prohibited under Section 359 of
Burma’s 2008 constitution. During the reporting period, the government initiated a legal review to develop
recommendations to strengthen the 2005 law.
The government reported investigating 98 cases involving 291 suspects, and prosecuting and convicting 143
traffickers in 2014, compared with 100 cases investigated and 183 traffickers prosecuted and convicted in 2013. As
in previous years, the government’s law enforcement efforts focused primarily on the sex trafficking or forced
service of Burmese women through forced marriages to Chinese men, with the majority of cases pursued by the ATTF in
Muse. The government reported investigating 26 suspected cases of internal trafficking and 18 cases of labor
trafficking, though it did not provide additional information about the nature of these cases or whether they
resulted in any prosecutions or convictions.There were no prosecutions or convictions of civilians for child
soldier recruitment. Authorities have never used the 2012 Wards and VillageTracts Administration Act to prosecute a
forced labor offense committed by a public official or private entity. Lack of transparency in the justice system,
coupled with police and justice officials’ limited understanding of trafficking offenses and poor police-prosecutor
cooperation in prosecuting complex crimes, made it difficult to verify court statistics provided by the government.
Local experts reported general (non-ATTF) police perceived they did not have the authority to pursue investigations
proactively and primarily opened investigations only in response to complaints.The Anti-Trafficking in Persons
Division (ATIPD) provided both basic introductory and on-the-job training for police, and international
organizations funded additional anti-trafficking training for Burmese officials. The ATIPD maintained dedicated
ATTF police throughout the country, but a lack of clarity between the roles and responsibilities of ATTF officers
and general police investigators, as well as a lack of established channels of communication among law enforcement
officials in Burma, continued to hamper the success of investigations and prosecutions. In addition to poor
coordination among police units, an acute lack of basic policing equipment and resources was a major obstacle for
police to undertake proactive investigations into trafficking crimes.
Corruption and impunity remained pervasive in Burma and hindered the enforcement of human trafficking laws. Police
limited investigations in cases with alleged involvement of well-connected individuals. The power and influence of
the Burmese military limited the ability of civilian police and courts to address cases of forced labor and the
forced recruitment of child soldiers by the armed forces; there was no evidence any soldiers accused of trafficking
crimes have ever been prosecuted in civilian courts. The government cooperated with ILO, which received and
investigated more than 100 complaints of forced labor and child soldier conscription committed by members of the
military or civilian administrators.The Ministry of Defense undertook efforts to investigate and punish military
personnel for child soldier recruitment as a result of these complaints, but the government did not provide
additional data on the number and type of punishments during the reporting period. There were no other
investigations, prosecutions, or convictions of officials complicit in human trafficking offenses.
PROTECTION
The government’s victim protection efforts, including modest efforts to provide temporary shelter to Burmese
victims repatriated from abroad, remained inadequate. The majority of victims were identified through international
repatriations, including 65 male and female victims identified and returned by officials in Thailand, 108 female
victims returned from China, and 144 male victims returned from Indonesia; the latter were
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