38 Burma’s displaced people FMR 30 Migration and trafficking: putting into action Nikolas Win Myint Across people are on the move, both inside the Migration and trafficking country and across its borders, either pushed by necessity or There are many different ways in which people are exploited, pulled by the prospect of a brighter future. For many, these and just as many ways in which hopes are at least partially fulfilled. For some, however, this people are trafficked. Trafficking migration brings them face-to-face with exploitation, abuse, is fundamentally a crime against disease and even death. an individual, and, as with other crimes of this nature (murder, rape, kidnapping), it is difficult to Human trafficking – the modern- coercion (force or the threat of force) generalise about it. Nonetheless, day slave trade in women, children or deception; and, thirdly, the purpose based on interviews with trafficking and men – occurs around the world of trafficking, which is exploitation, victims and perpetrators as well but the limited data available shows be it sexual or labour exploitation.1 as victim service agencies and south-east Asia to be a particular We speak of trafficking only when all law enforcement personnel, an hub. Within this region, Myanmar three of these elements are present.2 overall picture of trafficking in is a key country of origin, with Myanmar emerges, which is mainly people being trafficked into both Using this definition, trafficking is one of migration gone wrong. and . It is not known not always a clear-cut crime. Often how many people fall victim to people may move willingly, even Myanmar, located at the nexus of this crime each year but estimates into labour situations that might be ancient trading routes, has long range from 3,000 to 30,000. considered exploitative, as a relative seen migration. Today, economic disparities in the region fuel This Burmese Few perhaps would expect cross-border migration by woman, much to be done about this many young people in search who escaped after being crime in Myanmar. Not only of more promising futures. trafficked into is human trafficking driven Most of this migration does not a garment- by poverty and relative lead to trafficking. For some, making economic differences, which however, the migration process sweatshop, is are not easily remedied, but goes terribly wrong and they now learning traditional fighting human trafficking find themselves at the mercy crafts in the also requires a complex of traffickers. Sometimes these government- response, including respect are brokers that take people run Baan for human rights and the to destinations different than Kredtrakarn shelter in rule of law, across many those agreed; sometimes they Bangkok, government departments and are employers who coerce Thailand. non-governmental service victims into exploitative work. providers. In its annual While the sexual exploitation report on human trafficking, Department. the US State Chernush for Kay of women through forced the US State Department prostitution has garnered gives Myanmar the lowest grade, improvement over their present many of the headlines, there have a Tier 3 placement, stating that the situation. Alternatively, people also been reports of trafficking for government had failed to address might be deceived into situations labour exploitation involving both human trafficking. Yet a small with lower pay, longer hours or women and men in factories, as well group of anti-trafficking workers, worse conditions than those they as of men into the fishing industry. along with supportive government agreed to; yet as long as they stay in policies, have been able to make a these circumstances without being Alleviating poverty at home may significant difference in recent years. forced to, it is not legally trafficking. remove some of the impetus to Conversely, people may initially migrate but much migration is In the Convention against migrate voluntarily but later fall into driven by the perception of relative Transnational Organized Crime, a trafficking situation. Implementing economic differences, the gap trafficking is defined as consisting this legal definition in practice has between opportunities at home and of three distinct elements: firstly, been a central challenge of anti- perceived opportunities abroad. The the act of trafficking, which can be trafficking interventions. Nonetheless, goal of responsible anti-trafficking recruitment, transport or harbouring it is imperative to do so to ensure interventions should thus not be to of a person; secondly, the means of that protection and assistance are stop movement but to stop trafficking. trafficking, which must involve either available to those most in need. FMR 30 Burma’s displaced people 39

Recent years have seen a number space to provide assistance to While these are encouraging of encouraging developments in trafficking victims, through developments, much remains to this regard in Myanmar. Significant counselling, financial and medical be done. The challenges ahead for progress has been made both support, family tracing and vocational the anti-trafficking community in in keeping migrants safe and in and livelihood training. With Myanmar are, at least, three-fold: providing support for victims training provided to a wide range of trafficking. Myanmar’s Anti- of community-based organisations, n Ensure that help is Trafficking in Persons Law, enacted local communities are increasingly targeted towards those in September 2005, provides specific empowered to combat the trafficking who need it the most. legal protections for victims of taking place in their midst. trafficking, including immunity n Reduce the number of people from prosecution and legal, Lessons learned trafficked through effective financial and medical assistance Dedicated workers at all levels prevention interventions: debate as needed. The law also aims to – community organisers, government continues as to whether the make it easier for victims to access officials, UN and NGO workers focus of prevention should be assistance, while reducing fear of – have brought this system to life at source or destination, along police and immigration officials. and have made it work. Yet a key transit routes or at border towns condition for bringing human and other points between. At the same time, since 2005, a trafficking out of the shadows was number of prevention campaigns to secure acknowledgement by n Coordinate anti-trafficking have been initiated on long-distance the Myanmar government of this activities to ensure buses and at highway bus terminals. problem – and the desire to do complementarity in approaches: Trained facilitators are educating something about it. Both are in some the Myanmar government has people not only about the risks measure linked to an innovative drafted a National Plan of Action and dangers of trafficking but are regional process in which the six in consultation with UN agencies also providing information about governments of the Mekong Sub- and victim protection agencies. basic rights, useful contacts and region, supported by technical experts key phrases. Initially begun in bus provided through the UN, pledged Much remains to be done in the fight stations around Yangon, this has to work together to combat the against human trafficking, and the now been expanded to the city of problem of human trafficking. This current response is far from perfect. Mawlamyine, a transit hub near the process, known as the Coordinated Nonetheless, in an environment Thai border. Trafficking videos are Mekong Ministerial Initiative against where humanitarian assistance shown and pamphlets distributed Trafficking, or COMMIT Process, faces a challenging operational and to passengers on buses bound for was formally launched in October political environment, the initiatives the border. In 2006, this initiative 2004 by Cambodia, China, Lao PDR, against human trafficking are a reached over half a million people. Myanmar, Thailand and Vietnam.3 welcome ray of light. The fight against human trafficking is also a In parallel with these efforts to make COMMIT served not only as official fight against HIV, against corruption migration safer, efforts are also recognition of human trafficking and against organised crime. Even underway to increase the protection as a pressing problem in Myanmar more importantly, it is a fight for and assistance available to victims but, by bringing the country into a human rights, for personal freedoms of trafficking. One promising regional partnership to address the and for the rule of law. Progress initiative has been an effort to build problem, it also provided a platform may be slow, and it may be small on the Border Liaison Offices (BLOs) for action. The COMMIT process built – but it should not go unnoticed. – border offices established through up a network for government officials cooperation with the UN Office from across the region to share their Nikolas Win Myint worked in on Drugs and Crime (UNODC) to experiences and thus facilitated Myanmar from 2003 to 2007, most combat drug trafficking – to extend early adoption of international recently as Country Programme their mandate to cover human best practices in Myanmar. This Manager for the UN Inter-Agency trafficking. In this task, the primary has provided the necessary space Project on Human Trafficking in focus is not on stopping people for NGOs and UN agencies to the Greater Mekong-Subregion from crossing the porous borders work on human trafficking in (UNIAP www.no-trafficking.org). but rather to facilitate cross-border Myanmar and has also created This article is written in a personal cooperation between government support inside the government capacity and does not necessarily agencies to help victims of trafficking for a victim-centred approach, reflect the views of the UN. return home safely. Working with including far-reaching provisions 1. Complete definition at: www.unodc.org/unodc/en/ immigration, police and social for the protection of trafficking treaties/CTOC/index.html See also FMR 25 on ‘People welfare officials on both sides of victims. Finally, by including regular trafficking: upholding rights and understanding vulnerabilities’ at www.fmreview.org/FMRpdfs/FMR25/ the border, the BLOs now provide evaluations of progress at inter- FMR25full.pdf services to victims of trafficking governmental meetings, the process 2. The exception to this are children under the age of 18, where the means becomes irrelevant as governments to help them on their journey. led to competition among the six decided in the Convention that minors cannot consent to governments which has proven such actions, nor anyone on their behalf. At the end of that journey, local useful in maintaining momentum 3. See article by Susu Thatun of UNIAP ‘Mekong sub- region committed to ending trafficking’, FMR 25, www. and international NGOs are being in the fight against trafficking. fmreview.org/FMRpdfs/FMR25/FMR2509.pdf encouraged and given the necessary