Position Paper of Republic of the Union of Myanmar On Human Trafficking and Protection of Victims and Refugees

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Position Paper
of
Republic of the Union of Myanmar
To the 11th ASEM Foreign Minister’s Meeting
Enhancing Inter-Regional Prosperity Through Multilateral Framework On
Migration
“Human Trafficking and Protection of Victims
and Refugees”

Myanmar Position on “Human Trafficking and Protection of Victims & Refugees” Since Myanmar declare its independence in 1948, human trafficking and refugee has been serious issue because of unstable political and economic situation made by military regime. Myanmar faces internal human trafficking and succeed solve 173 cases and imprisoned 234 traffickers in 20101. Myanmar also has 808.075 stateless persons come from Rohingya Clan2 and about 339.200 displaced person3. Besides those two problems, there are lot of our citizen flee abroad. These refugees are very vulnerable to become trafficking victim because there are no refugee camps in the destination country4.­ Respond to this case, we have implemented international fundamental framework set by United Nation to combat Human Trafficking, which are Prosecution, Protection, and Prevention5. In prosecution phase, we set several policies by implemented the national laws The Anti-Trafficking in Persons Law 20056. We engage those efforts in association with UNIAP (United Nation Inter-Agency Project on Human Trafficking)7. The decreasing number of human trafficking cases in Myanmar shows the effectiveness of this program, but the length of punishment for perpetrators of transnational crime is too short, so it does not give chary effect. As one of a UN member, Myanmar got a responsibility to preserving world peace. Thus, Myanmar contributes to this meeting because Myanmar perceives the impact from human trafficking problem can threaten the human rights of our people. Furthermore, the involvement of Myanmar in this meeting can gives an overview of human trafficking in Southeast Asia, especially in Myanmar. We would also like to inform that we are in transition phase to fully democratic and combating human rights abuses. And to achieve that¸ we would like to ask for assistance to the member of ASEM to put a big effort, input, and suggestions to combat human trafficking in our world. If this meeting did not work as well as we all expected, and there were no significant solution, then this problem will keep growing and becoming a serious problem for us. It would impact to the stability of the world, as well as Myanmar will get any bigger impact. For example, if all the refugees basic need did not` fulfilled well, it can caused lot of criminal and harm many people, like terrorism. In the end, the world peace would be threatened. Qarmas 1 – International Frameworks and Domestic Legal Frameworks regarding to the victims of human trafficking. The core problem of human trafficking in Myanmar is not the victims or the people to migrate, but more due to internal factors that occurred in Myanmar itself, such as the military regime that resulted in many child soldiers, human rights abuses, and economic conditions are unstable.8 In addition, the lack of employment opportunities in Myanmar caused many people of Myanmar who migrated to neighboring countries that in fact have a more stable economy compared to Myanmar.9 In these circumstances, which are exploited by traffickers to pull the victim to trafficking. Based on Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol), the victims of human trafficking is should not be imposed with sanction, both in the country of destination or in the country of origin. The victims should be protected and repatriated to the state which that person is a national or which he or she had. As it referred in Article 6, assistance to and protection of victims of human trafficking, every State Party shall have any domestic law to protect the victim’s identity and privacy. This article also mentioned that every country shall have any domestic law to...
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