Myanmar Anti-Trafficking in Persons Law English
Myanmar Anti-Trafficking in Persons Law English
Myanmar Anti-Trafficking in Persons Law English
,September, 2005)
The State Peace and Development Council hereby enacts the following Law:Chapter I
Title, Jurisdiction and Definition
1.
2.
This Law shall have jurisdiction on any person who commits any offence
The expressions contained in this Law shall have the meanings given here-
under:(a)
(2)
abduction;
(3)
fraud;
(4)
deception;
(5)
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(6)
Explanation
(1)
Explanation (2)
Explanation ( 3)
( b)
(c )
(d )
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that does not need to have formally defined rules for the
functions and duties of its members, continuity of its
membership or a developed structure.
(e)
(f)
(g)
(h)
(i)
(j)
Child means a person who has not attained the age of 16 years.
(k)
Youth means a person who has attained the age of 16 years but has not
attained the age of 18 years.
(l)
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Chapter II
Aims
4.
(b)
(c)
(d)
intergovernmental
organizations
formed
between
Chapter III
Formation of the Central Body and Functions and Duties Thereof
5.
(a)
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(b)
(2)
(3)
relevant experts;
6.
(b)
(c)
(d)
(e)
(f)
(g)
(h)
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(i)
(j)
(k)
7.
The Central Body shall form the following working groups comprising suitable
persons and may form other required working groups to carry out the
implementation of the suppression of trafficking in persons:
(a)
(b)
(c)
Chapter IV
Functions and Duties of the Working Groups
8.
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(b)
(c)
(d)
(e)
(f)
(g)
(h)
(j)
obtaining
assistance
of
the
relevant
government
departments,
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(k)
(l)
9.
carrying out other functions and duties assigned by the Central Body.
The functions and duties of the Working Group on Legal Framework and
drafting and submitting to the Central Body the necessary draft of the
rules, procedures, notifications, orders and directives for the
determination of security status of related information of trafficked
victims for the dignity and security and identification of trafficked
victims, in respect of the prevention of trafficking in persons;
(b)
(c)
laying down and carrying out necessary arrangements for the effective
protection of trafficked victims and witnesses in prosecution cases under
this Law;
(d)
(e)
(f)
(g)
non-governmental
organizations
to
enable
the
effective
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(h)
10.
carrying out other functions and duties assigned by the Central Body.
(b)
(c)
(d)
(e)
obtaining
assistance
of
the
relevant
government
departments,
carrying out other functions and duties assigned by the Central Body.
Chapter V
Safeguarding the Rights of Trafficked Victims
11.
if the trafficked victims are women, children and youth, the relevant
Court shall, in conducting the trial of offences of trafficking in persons,
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(c)
person not involved in this case shall not be allowed to peruse or make
copies of documents contained in the proceedings.
12.
The Central Body shall, if the trafficked victims are women, children and
youth, make necessary arrangements for the preservation of dignity, physical and
mental security.
13.
shall not take action against the trafficked victims for any offence under
this Law.
(b)
(c)
shall, if the trafficked person who re-entered the country has a right of
permanent residence protect his right to get permanent residence,
security and relevant status.
14.
The Central Body shall arrange and carry out for the security of life of
trafficked victims and to arrange according to their wishes for repatriation and
resettlement as much as possible.
15.
persons coordinate with the relevant Ministries for the temporary residence in
Myanmar and repatriation to the relevant State of the trafficked victim who is a
foreigner, after giving the testimony.
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Chapter VI
Special Protection of Trafficked Victims, Women
Children and Youth
16.
The Central Body and relevant Working Groups shall, with respect to the
(b)
carry out to send them back to their parents or guardian if after scrutiny
it is found that it is the best condition for them.
(c)
(d)
(e)
carry out with special arrangement for remedy of their physical and
mental damage, giving vocational education based upon education and
technique and medical examination and medical treatment with their
consent.
(f)
17.
The Central Body shall lay down and carry out programmes of security and
other protection for the trafficked victims women, children and youth during the
period of prosecution of persons guilty of any offence of trafficking in persons under
this Law or during the period of instituting a suit for compensation for tort by the
trafficked victim for the trafficking in persons.
18.
The Central Body shall lay down and carry out the programmes to conduct
necessary training courses for persons performing the functions and duties relating to
the protection of trafficked victims especially women, children and youth.
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Chapter VII
Repatriation, Reintegration and Rehabilitation
19.
The Central Body shall, after coordination with the relevant departments,
repatriation
(c)
(d)
(e)
laying down the security programmes and arranging for other rights
entitled while the trafficked victims are giving testimony or contesting a
case;
(f)
(g)
20.
States shall provide necessary protection for trafficked victims of Myanmar citizens or
permanent resident foreigners of Myanmar and coordinate with the relevant
responsible persons for sending them back to Myanmar.
21.
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Chapter VIII
Establishment of the Fund
22.
The Central Body may for the purpose of utilizing for the suppression of
establish a fund with money supported by the State and money donated
from local and foreign sources.
(b)
accept and administer the property supported by the State and property
donated from local and foreign sources.
23.
(b)
24.
youth shall, on conviction be punished with imprisonment for a term which may
extend from a minimum of 10 years to a maximum of imprisonment for life and may
also be liable to a fine.
25.
youth shall, on conviction be punished with imprisonment for a term which may
extend from a minimum of 5 years to a maximum of 10 years and may also be liable
to a fine.
26.
punished with imprisonment for a term which may extend from a minimum of 3 years
to a maximum of 7 years and may also be liable to a fine:
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(a)
(b)
27.
Whoever is guilty of making use or arranging with a trafficked victim for the
Whoever :
(a)
(b)
(c)
29.
gratification either for himself or for another person in carrying out investigation,
prosecution and adjudication in respect of any offence under this Law shall, on
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conviction be punished with imprisonment for a term which may extend from a
minimum of 3 years to a maximum of 7 years and may also be liable to a fine.
31.
Whoever is guilty of any offence provided in this Law shall, after a prior
conviction for the same offence be liable to the maximum punishment provided for
such subsequent offence.
32.
The Court shall, in passing a sentence for any offence provided in this Law,
pass an order for confiscation or disposal in accordance with the stipulations of the
property involved in the offence, which have been seized as exhibits. It may pass an
order to pay damages to the trafficked victim from the money confiscated or from the
proceeds of sale of property or from the fine.
Chapter X
Miscellaneous
34.
If an exhibit involved in any offence prosecuted under this Law is not easily
producible before the Court, such exhibit need not be produced before the Court.
However, a report or other relevant documentary evidence as to the manner of custody
of the same may be submitted. Such submission shall be deemed as if it were a
submission of the exhibit before the Court and the relevant Court shall pass an order
for disposal of the same in accordance with this Law.
35.
The Ministry of Home Affairs shall form the Staff Office as may be necessary
in accordance with the stipulations for the purpose of assistance in carrying out the
functions and duties of the Central Body.
36.
In prosecuting any offence under this Law, prior sanction of the Central Body
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(a)
the Ministry of Home Affairs may with the approval of the Government;
issue such rules and procedures as may be necessary.
(b)
the Central Body and the relevant Ministries may issue such
notifications, orders and directives, and the Director General may issue
such orders and directives as may be necessary.