Myanmar Anti-Trafficking in Persons Law English

7/26/2019 Myanmar Anti-Trafficking in Persons Law English

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The Union of Myanmar

The State Peace and Development Council

The Anti Trafficking in Persons Law

( The State Peace and Development Council Law No. 5 !""5#

( The $a%in& Day of Tawthalin' )*+' M.,. #

( 'Septem-er' !""5#

The State Peace and Development Council here-y enact the followin& Law/0

Chapter I

Title, Jurisdiction and Definition

. Thi Law hall -e called the Anti Trafficking in Persons Law.

!. Thi Law hall have 1uridiction on any peron who commit any offence

co&ni2a-le under thi Law in the Union of Myanmar' or on -oard a veel or an

aircraft re&itered under the e%itin& law of the Union of Myanmar' or on a Myanmar

citi2en or forei&ner reidin& permanently in the Union of Myanmar who commit the

aid offence outide the country.

). The e%preion contained in thi Law hall have the meanin& &iven here0

under/0

(a# Trafficking in Persons mean recruitment' tranportation' tranfer' ale'

purchae' lendin&' hirin&' har-ourin& or receipt of peron after

committin& any of the followin& act for the purpoe of e%ploitation of

a peron with or without hi conent/

(# threat' ue of force or other form of coercion3

(!# a-duction3

()# fraud3

(4# deception3

(5# a-ue of power or of poition tain& advanta&e of the

vulnera-ility of a peron3


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(*# &ivin& or receivin& of money or -enefit to o-tain the conent of

the peron havin& control over another peron.

,%planation (# Exploitation include receipt or a&reement for receipt of money

or -enefit for the protitution of one peron -y another' other

form of e%ual e%ploitation' forced la-our' forced ervice'

lavery' ervitude' de-t0-onda&e or the removal and ale of

or&an from the -ody.

,%planation (!# Prostitution mean any act' ue' conummation or cheme

involvin& the ue of a peron -y another' for e%ual intercoure or

laciviou conduct in e%chan&e for money' -enefit or any other

conideration.

,%planation ( )# Det!ondagemean the pled&in& -y the de-tor of hi her

peronal la-our or ervice or thoe of a peron under hi her

control a payment or ecurity for a de-t' when the len&th and

nature of ervice i not clearly defined or when the value of the

ervice a reaona-ly aeed i not applied toward the

li6uidation of the de-t.

( -# Pornograph"mean repreentation throu&h e%hi-ition' indecent how'

pu-lication' cinemato&raphy or -y ue of modern information

technolo&y of a e%ual activity or of the e%ual part of a peron for

primarily e%ual purpoe.

(c # Trafficked #icti$ mean a peron on whom trafficin& in peron ha

-een committed.

(d # %rgani&ed cri$inal groupmean a tructured &roup of three or more

peron' for a certain period with the aim of committin& a eriou crime'

in order to o-tain directly or indirectly a -enefit relatin& to money or

material.

Explanation' Structured &roup mean a &roup that i not randomly

formed for the immediate commiion of an offence and


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that doe not need to have formally defined rule for the

function and dutie of it mem-er' continuity of it

mem-erhip or a developed tructure.

(e# (erious cri$emean an offence puniha-le with imprionment for a

term of four year or more under any e%itin& law.

(f# Transnational cri$emean an offence committed in more than one

State' or an offence committed in one State -ut a u-tantial part of it

preparation' plannin&' direction or control tae place in another State'

or an offence in which the offender are involved in an or&ani2ed

criminal &roup of another State or an offence committed in one State'

which ha affect on another State.

( Controlled deli#er" mean the techni6ue to e%poe and tae action

a&aint the principal offender' effect control with the conent of the

relevant authority and proceed on their arran&ement' when the import'

e%port' entry' pain& throu&h or departure of ille&al or upected

property or peron in the Union of Myanmar or into the territory of a

forei&n State i found' on inpection.

(h# Propert" mean mova-le property in any form' -ein& corporeal or

incorporeal' tan&i-le or intan&i-le' animate or inanimate or immova-le

property. Thi e%preion alo include le&al document evidencin& title'

ne&otia-le intrument and -enefit pertinent to property.

(i# I$prison$ent for life mean imprionment paed on a convicted

peron to erve in the prion until death.

(1# Childmean a peron who ha not attained the a&e of * year.

(# )outhmean a peron who ha attained the a&e of * year -ut ha not

attained the a&e of 7 year.

(l# Central *od" mean the Central 8ody for Suppreion of Trafficin& in

Peron formed under thi Law.


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Chapter II

Ai$s

4. The aim of thi Law are a follow/

(a# to prevent' and uppre the trafficin& in peron a a national duty a it

dama&e the pride and pedi&ree of Myanmar nationality that hould -e

valued and afe&uarded -y Myanmar race3

(-# in preventin& and upprein& trafficin& in peron to pay particular

attention to women' children and youth3

(c# to ena-le effective and peedy inveti&ation to e%poe and tae action

a&aint peron &uilty of trafficin& in peron and to prevent further

trafficin& in peron -y pain& effective and deterrent punihment3

(d# to liaie and coordinate with international or&ani2ation' re&ional

or&ani2ation' inter&overnmental or&ani2ation formed -etween

&overnmental or&ani2ation and non0&overnmental or&ani2ation in

accordance with the international convention relatin& to uppreion of

trafficin& in peron which Myanmar ha acceded3

(e# to perform effectively the function of recuin&' receivin&' afe&uardin&'

reha-ilitation and reinte&ration into ociety of trafficed peron.

Chapter III

+or$ation of the Central *od" and +unctions and Duties Thereof

5. (a# The 9overnment hall form the Central 8ody for Suppreion of

Trafficin& in Peron compriin& the Miniter for the Minitry of :ome

;ffair a the Chairman' the Deputy Miniter for the Minitry of :ome

;ffair' the Deputy Miniter for the Minitry of Social $elfare'


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(!# repreentative from the non0&overnmental or&ani2ation3

()# relevant e%pert3

(-# The Chairman of the Central 8ody may if neceary ai&n a uita-leperon from amon& the mem-er a the >oint Secretary.

*. The function and dutie of the Central 8ody are a follow/

(a# u-mittin& u&&etion to the 9overnment for layin& down a State

policy and worin& pro&rammed relatin& to uppreion of trafficin& in

peron3

(-# formin& the re6uired worin& &roup to implement it function and

dutie and determinin& the function and dutie thereof3

(c# formin& the different level of State' Diviional' Ditrict and Townhip

8odie for Suppreion of Trafficin& in Peron and determinin& the

function and dutie thereof3

(d# formin& the -odie compriin& e%pert to perform reearch wor for

carryin& out uppreion of trafficin& in peron effectively and

ai&nin& duty thereto and uperviin& thereof3

(e# formin& ector0wie Monitorin& Mechanim and ,valuation Team

compriin& e%pert and ai&nin& duty thereto to o-tain the neceary

u-tantive data relatin& to uppreion of trafficin& in peron3

(f# layin& down the neceary arran&ement for the relief' reettlement'

reha-ilitation' and reinte&ration into the maintream of ociety for the

trafficed victim3

( communicatin& and coordinatin& with international or&ani2ation'

re&ional or&ani2ation' forei&n State' local and forei&n non0

&overnmental or&ani2ation' and o-tainin& aitance for wor relatin&

to uppreion of trafficin& in peron' protection and renderin&

aitance' reettlement and reha-ilitation3

(h# directin& a may -e neceary to ei2e immova-le propertie involved

in an offence under thi Law a e%hi-it3


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(i# directin& when neceary the attachment and ealin& of immova-le

propertie involved in the offence' which have -een ei2ed a e%hi-it3

in proecuted offence' dipoal a may -e neceary in accordance with

the final order of the relevant Court3

(1# reportin& to the 9overnment from time to time the implementation

activitie under thi Law3

(# carryin& out function and dutie relatin& to uppreion of trafficin& in

peron ai&ned -y the 9overnment from time to time.

+. The Central 8ody hall form the followin& worin& &roup compriin& uita-le

peron and may form other re6uired worin& &roup to carry out the

implementation of the uppreion of trafficin& in peron/

(a# $orin& 9roup on Prevention of Trafficin& in Peron and Protection

of Trafficed ?ictim' headed -y the Deputy Miniter for the Minitry of

:ome ;ffair3

(-# $orin& 9roup on Le&al =ramewor and Proecutin& Meaure headed

-y the Deputy ;ttorney 9eneral3

(c# $orin& 9roup on


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(-# performin& effectively wor relatin& to educatin& and pu-lication of the

dan&er of trafficin& and evil cone6uence to the people for the

prevention of trafficin& in peron3

(c# harin& information -y layin& down the prevention of trafficin& in

peron pro&ramme' communicatin& and e%chan&in& new with

dometic and forei&n networ3

(d# communicatin& and coordinatin& with different level of State'

Diviional' Ditrict and Townhip -odie on uppreion of trafficin& in

peron3

(e# uperviin& the et0up of pecially trained force for the prevention of

trafficin& in peron' peedy and effective inveti&ation and e%poure3

(f# crutini2in& and permittin& to ena-le the ue of the controlled delivery

ytem upon re6uirement when e%poin& and inveti&atin& the

trafficin& in peron and liaiin& and coordinatin& with forei&n State'

if neceary3

( layin& down and carryin& out worin& pro&ramme relatin& to

protection and aitance to the trafficed victim pro&ramme

epecially women' children and youth3

(h# layin& down and carryin& out worin& pro&ramme relatin& to

protection and aitance in conformity with the tipulation to

forei&ner who are trafficed victim and have arrived in Myanmar3

(i# arran&in& the re6uired trainin& and educatin& of peron who will

undertae the duty of protectin& the trafficed victim3

(1# o-tainin& aitance of the relevant &overnment department'

or&ani2ation and non0&overnmental or&ani2ation for the effective

implementation of thi Law3


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(# recommendin& the enhanced communication and cooperation with

international or&ani2ation and re&ional or&ani2ation and enterin& into

-ilateral or multilateral a&reement3

(l# carryin& out other function and dutie ai&ned -y the Central 8ody.

@. The function and dutie of the $orin& 9roup on Le&al =ramewor and

Proecutin& Meaure are a follow/

(a# draftin& and u-mittin& to the Central 8ody the neceary draft of the

rule' procedure' notification' order and directive for the

determination of ecurity tatu of related information of trafficed

victim for the di&nity and ecurity and identification of trafficed

victim' in repect of the prevention of trafficin& in peron3

(-# coordinatin& with the relevant proecution -odie to impoe effective

and evere punihment upon the peron who have committed the

offence of trafficin& in peron and to proecute with valid evidence in

accordance with law3

(c# layin& down and carryin& out neceary arran&ement for the effective

protection of trafficed victim and witnee in proecution cae under

thi Law3

(d# u-mittin& to the Central 8ody' in repect of the commiion of

trafficin& in peron offence a trannational or&ani2ed crime' if

neceary' to &ive aitance or to o-tain aitance -etween State3

(e# communicatin& and coordinatin& with the different level of State'

Diviional' Ditrict and Townhip 8odie for uppreion of trafficin&

in peron3

(f# implementin& -y layin& down the trainin& pro&ramme and enhancin&

ill pro&ramme in order to tae effective action under thi Law3

( o-tainin& aitance of relevant &overnment department' or&ani2ation'

and non0&overnmental or&ani2ation to ena-le the effective

implementation of thi Law3


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(h# carryin& out other function and dutie ai&ned -y the Central 8ody.

". The function and dutie of the $orin& 9roup on


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do o not in open Court' -ut in camera for the preervation of their

di&nity' phyical and mental ecurity.

(-# with repect to trafficin& in peron' the pu-lication of new at any

ta&e of inveti&ation' proecution' ad1udication hall -e made only

after o-tainin& the permiion of the relevant 8ody for the Suppreion

of Trafficin& in Peron.

(c# peron not involved in thi cae hall not -e allowed to perue or mae

copie of document contained in the proceedin&.

!. The Central 8ody hall' if the trafficed victim are women' children and

youth' mae neceary arran&ement for the preervation of di&nity' phyical and

mental ecurity.

). The Central 8ody/

(a# hall not tae action a&aint the trafficed victim for any offence under

thi Law.

(-# hall determine whether or not it i appropriate to tae action a&aint the

trafficed victim for any other offence ariin& a a direct cone6uenceof trafficin& in peron.

(c# hall' if the trafficed peron who re0entered the country ha a ri&ht of

permanent reidence protect hi ri&ht to &et permanent reidence'

ecurity and relevant tatu.

4. The Central 8ody hall arran&e and carry out for the ecurity of life of

trafficed victim and to arran&e accordin& to their wihe for repatriation and

reettlement a much a poi-le.

5. The Central 8ody hall in the proecution of a peron &uilty of trafficin& in

peron coordinate with the relevant Minitrie for the temporary reidence in

Myanmar and repatriation to the relevant State of the trafficed victim who i a

forei&ner' after &ivin& the tetimony.


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Chapter I

(pecial Protection of Trafficked icti$s, -o$en

Children and )outh

*. The Central 8ody and relevant $orin& 9roup hall' with repect to the

trafficed victim who are women' children and youth'

(a# &ive pecial protection of their di&nity and identification and neceary

ecurity and aitance.

(-# carry out to end them -ac to their parent or &uardian if after crutiny

it i found that it i the -et condition for them.

(c# arran&e other uita-le and ecure protection when there i no condition

for repatriation to the parent and &uardian or inappropriate condition

for repatriation.

(d# arran&e with emphai on freedom of e%preion of their deire and

freedom of choice accordin& to their a&e and maturity.

(e# carry out with pecial arran&ement for remedy of their phyical and

mental dama&e' &ivin& vocational education -aed upon education andtechni6ue and medical e%amination and medical treatment with their

conent.

(f# &ive protection -y eepin& confidential the information relatin& to them.

+. The Central 8ody hall lay down and carry out pro&ramme of ecurity and

other protection for the trafficed victim women' children and youth durin& the

period of proecution of peron &uilty of any offence of trafficin& in peron under

thi Law or durin& the period of intitutin& a uit for compenation for tort -y the

trafficed victim for the trafficin& in peron.

7. The Central 8ody hall lay down and carry out the pro&ramme to conduct

neceary trainin& coure for peron performin& the function and dutie relatin& to

the protection of trafficed victim epecially women' children and youth.


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Chapter II

/epatriation, /eintegration and /ehailitation

@. The Central 8ody hall' after coordination with the relevant department'

or&ani2ation and non0&overnmental or&ani2ation for the repatriation of trafficed

victim' reinte&ration into the maintream of the ociety reettlement and

reha-ilitation the trafficed victim carry out a follow'

(a# arran&in& and carryin& out neceary coordination for the repatriation

of the trafficed victim3

(-# arran&in& the temporary helter at a afe place or appropriate houe for

the trafficed victim3

(c# reha-ilitatin& the ocial apect3

(d# hirin& a lawyer if neceary in a uit intituted -y the trafficed victim

for hiher &rievance' re6uetin& the Bffice of the ;ttorney 9eneral for a

Law Bfficer to conduct in the cae or aitin& in hearin& with

interpreter3

(e# layin& down the ecurity pro&ramme and arran&in& for other ri&htentitled while the trafficed victim are &ivin& tetimony or contetin& a

cae3

(f# arran&in& medical e%amination and &ivin& medical treatment with the

conent of the trafficed victim3

( arran&in& for teachin& of vocational education -aed upon education and

technical opportunitie for the urvival of the life of the trafficed

victim.

!". The reponi-le official of the ,m-aie of the Union of Myanmar in forei&n

State hall provide neceary protection for trafficed victim of Myanmar citi2en or

permanent reident forei&ner of Myanmar and coordinate with the relevant

reponi-le peron for endin& them -ac to Myanmar.

!. The e%penditure relatin& to uppreion of trafficin& in peron may -e -orne

-y the State in accordance with the proviion of thi Law.


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Chapter III

Estalish$ent of the +und

!!. The Central 8ody may for the purpoe of utili2in& for the uppreion of

trafficin& in peron' repatriation and reha-ilitation of trafficed victim/

(a# eta-lih a fund with money upported -y the State and money donated

from local and forei&n ource.

(-# accept and adminiter the property upported -y the State and property

donated from local and forei&n ource.

!). The Central 8ody hall/

(a# in coordination with the ;uditor 9eneral Bffice determine the

procedure relatin& to the maintenance of the fund and the

adminitration of the property upported and donated.

(-# eep the function under u-0ection (a# in accordance with the

procedure and hall u-mit to the inpection -y the peron ai&ned -y

the ;uditor 9eneral.

Chapter I0

%ffences and Penalties

!4. $hoever i &uilty of trafficin& in peron epecially women' children and

youth hall' on conviction -e punihed with imprionment for a term which may

e%tend from a minimum of " year to a ma%imum of imprionment for life and may

alo -e lia-le to a fine.

!5. $hoever i &uilty of trafficin& in peron other than women' children and

youth hall' on conviction -e punihed with imprionment for a term which may

e%tend from a minimum of 5 year to a ma%imum of " year and may alo -e lia-le

to a fine.

!*. $hoever i &uilty of any of the followin& act hall' on conviction -e

punihed with imprionment for a term which may e%tend from a minimum of ) year

to a ma%imum of + year and may alo -e lia-le to a fine/


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(a# adoptin& or marryin& fraudulently for the purpoe of committin&

trafficin& in peron.

(-# cauin& o-tainin& unlawfully the neceary documentary evidence

document or eal for ena-lin& a trafficed victim to depart from the

country or enter into the country.

!+. $hoever i &uilty of main& ue or arran&in& with a trafficed victim for the

purpoe of porno&raphy hall' on conviction -e punihed with imprionment for a

term which may e%tend from a minimum of 5 year to a ma%imum of " year and

may alo -e lia-le to a fine.

!7. $hoever /

(a# i &uilty of trafficin& in peron with or&ani2ed criminal &roup a

provided in ection !4 hall' on conviction -e punihed with

imprionment for a term which may e%tend from a minimum of !" year

to a ma%imum of imprionment for life and may alo -e lia-le to a fine3

(-# i &uilty of trafficin& in peron with or&ani2ed criminal &roup a

provided in ection !5' !* or !+ hall' on conviction -e punihed with

imprionment for a term which may e%tend from a minimum of " year

to a ma%imum of imprionment for life and may alo -e lia-le to a fine3

(c# i found to -e a mem-er of an or&ani2ed criminal &roup hall' on

conviction -e punihed with imprionment under u-0ection (a# or u-0

ection (-# whether he ha peronally taen part or not in the

commiion of the offence.

!@. $hoever i alo &uilty of a eriou crime provided in u-0ection (e# of ection

)' in committin& trafficin& in peron hall' on conviction -e punihed with

imprionment for a term which may e%tend from a minimum of " year to a

ma%imum of imprionment for life or death entence.

)". ;ny pu-lic official who demand or accept money and property a

&ratification either for himelf or for another peron in carryin& out inveti&ation'proecution and ad1udication in repect of any offence under thi Law hall' on


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conviction -e punihed with imprionment for a term which may e%tend from a

minimum of ) year to a ma%imum of + year and may alo -e lia-le to a fine.

). $hoever i &uilty of any offence provided in thi Law hall' after a prior

conviction for the ame offence -e lia-le to the ma%imum punihment provided for

uch u-e6uent offence.

)!. $hoever prepare' attempt' conpire' or&ani2e' adminiter or a-et' or

provide financial aitance to commit or in commiion of any uch offence hall -e

lia-le to the punihment provided in thi Law for uch offence.

)). The Court hall' in pain& a entence for any offence provided in thi Law'

pa an order for confication or dipoal in accordance with the tipulation of the

property involved in the offence' which have -een ei2ed a e%hi-it. At may pa an

order to pay dama&e to the trafficed victim from the money conficated or from the

proceed of ale of property or from the fine.

Chapter 0

1iscellaneous

)4. Af an e%hi-it involved in any offence proecuted under thi Law i not eaily

produci-le -efore the Court' uch e%hi-it need not -e produced -efore the Court.

:owever' a report or other relevant documentary evidence a to the manner of cutody

of the ame may -e u-mitted. Such u-miion hall -e deemed a if it were a

u-miion of the e%hi-it -efore the Court and the relevant Court hall pa an order

for dipoal of the ame in accordance with thi Law.

)5. The Minitry of :ome ;ffair hall form the Staff Bffice a may -e neceary

in accordance with the tipulation for the purpoe of aitance in carryin& out the

function and dutie of the Central 8ody.

)*. Notwithtandin& anythin& provided in any e%itin& Law' action hall -e taen

only under thi Law on offence relatin& to trafficin& in peron.

)+. An proecutin& any offence under thi Law' prior anction of the Central 8ody

or any 8ody ai&ned -y the Central 8ody hall -e o-tained.

)7. An implementin& the proviion contained in thi Law/


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(a# the Minitry of :ome ;ffair may with the approval of the 9overnment3

iue uch rule and procedure a may -e neceary.

(-# the Central 8ody and the relevant Minitrie may iue uch

notification' order and directive' and the Director 9eneral may iue

uch order and directive a may -e neceary.

(Sd# Than Shwe

Senior 9eneral

Chairman

The State Peace and Development Council

Myanmar Anti-Trafficking in Persons Law English

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Transcript of Myanmar Anti-Trafficking in Persons Law English