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Closing the Migration-Trafficking Protection Gap: Policy Coherence in Myanmar

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Closing the Migration-Trafficking Protection Gap: Policy Coherence in Myanmar Closing the Migration-Trafficking Protection Gap: Policy Coherence in Myanmar Funded by Copyright © International Labour Organization 2020 First published 2020 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to ILO Publications (Rights and Licensing), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email: [email protected]. The International Labour Office welcomes such applications. Libraries, institutions and other users registered with a reproduction rights organization may make copies in accordance with the licences issued to them for this purpose. Visit www.ifrro.org to find the reproduction rights organization in your country. Closing the Migration-Trafficking Protection Gap: Policy Coherence in Myanmar ISBN: 9789220348123 (print) ISBN: 9789220348116 (web pdf) The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. ILO publications and electronic products can be obtained through major booksellers or ILO local officers in many countries, or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, Switzerland. Catalogues or lists of new publications are available free of charge from the above address, or by email: [email protected] Visit our website: www.ilo.org/publns Printed in Myanmar Foreword Migration, when integrated into a coherent set of sustainable development policies, can make a tremendous contribution to development. This is well recognized internationally, in the 2030 Agenda for Sustainable Development and within Myanmar in its National Plan of Action on Labour Migration (2018-2022). Policy coherence is vital to ensuring that migrants don’t fall between legal and policy gaps, and to empower all migrants to find decent work, and escape exploitative, dirty difficult and dangerous situations. This paper was prepared before the Covid-19 pandemic, but remains just as timely. International border closures, uncertainty and rising joblessness have left many migrants in highly precarious situations. Trapped behind borders, searching for work to support themselves and their communities. If we are to build back better, now is the time to take stock of policy governing migration and trafficking, and to bridge gaps to empower migrants. I would like to express my appreciation to Rebecca Napier-Moore for her outstanding work in writing this paper, conducting interviews and assembling legislative and policy reviews. I would also like to extend my thanks to the Government of the Republic of the Union of Myanmar, labour organizations, recruitment agencies, and CSOs who contributed their legal and practical knowledge and experience to this report. Importantly, we extend gratitude to the Myanmar migrants interviewed in Singapore and Yangon who shared their experience and analysis of trafficking and labour migration policies and mechanisms in Myanmar. Many thanks also to all colleagues who gave their time and expertise to review the paper. Thanks are also due to those who assisted with comparative country information: Kimberly Rogovin, and ILO colleagues in Nepal and in the Regional Office for Asia and the Pacific. Special thanks go to Nilim Baruah, Senior Labour Migration Specialist, Bangkok, Piyamal Pichaiwongse, Deputy Liaison Officer, Myanmar, as well as Jacqueline Pollock, Wai Hnin Po, Phyo Maung Maung Kyaw, Ei Mon Win, Imogen Howells and especially Hkun Sa Mun Htoi. This paper was developed under the ILO Developing International and Internal Labour Migration Governance (DIILM) project, which has been supported by the Livelihoods and Food Security Fund (LIFT) since 2016. Donglin Li Liaison Officer / Representative ILO-Yangon MYANMAR iii Contents Page Acknowledgements ................................................................................................................................. iii Executive summary ..................................................................................................................................1 1. Introduction ....................................................................................................................................6 Note on methodology .......................................................................................................................7 Research sample ...............................................................................................................................7 Research questions ...........................................................................................................................7 Research scope and limitations ........................................................................................................8 2. What is policy coherence? ............................................................................................................8 Defining policy coherence ...............................................................................................................8 Horizontal and migration-related policy coherence .........................................................................8 Linkages between labour migration and human trafficking .............................................................9 Traditional approach ........................................................................................................................9 Labour rights approach ....................................................................................................................9 3. Myanmar’s international labour migration and trafficking context.......................................10 3.1 Migration flows ....................................................................................................................10 3.2 Laws and policies related to labour migration and anti-trafficking ....................................11 4. Actors and strategies on labour migration and anti-trafficking ..............................................16 4.1 Main actors in labour migration governance .......................................................................18 4.2 Strategies and mechanisms on labour migration ..................................................................22 4.3 Main actors in anti-trafficking governance ..........................................................................25 4.4 Strategies and mechanisms on anti-trafficking ....................................................................28 4.5 Related strategies and mechanisms on forced labour ..........................................................33 5. Gaps and incoherence in policy and practice ............................................................................34 5.1 Situations of labour migration or trafficking not covered by existing measures .................35 5.2 Gaps in definitions and mandates: who is trafficked, and who is not? Which ministries are responsible? ....................................................................................................................................41 5.3 Gaps in coordination bodies’ work ......................................................................................43 5.4 Gaps in regulating overseas employment ............................................................................45 5.5 Gaps in services ...................................................................................................................47 5.6 Gaps in access to justice: offenders using horizontal incoherence to their advantage .........49 5.7 Practical barriers to coherence and coordination .................................................................56 6. Stronger policy coherence: opportunities and benefits .............................................................57 7. Recommendations for policy coherence on labour migration and anti-trafficking in Myanmar .................................................................................................................................................58 Bibliography............................................................................................................................................64 Appendix 1: Trafficking data ................................................................................................................ 66 Appendix 2: International law, regional agreements, and regional cooperation ............................. 67 Appendix 3: Members of Working Committees of the Overseas Employment Supervisory Committee ..............................................................................................................................................
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