Is Prostitution Legal in Myanmar?
Prostitution is illegal in Myanmar, also known as Burma. The act of selling sex is criminalized under the country’s Penal Code, specifically Section 372 which prohibits selling, buying, or hiring a person for the purpose of prostitution. Additionally, The Suppression of Prostitution Act of 1949 aims to suppress and control the act of prostitution in the country.
What Are the Penalties and Enforcement Measures?
Under the Myanmar Penal Code and The Suppression of Prostitution Act, the penalties for engaging in prostitution or facilitating it can be severe. These penalties include:
- Imprisonment for a term of up to one year, a fine, or both for a person who engages in prostitution.
- Imprisonment for a term of up to two years, a fine, or both for a person who hires, buys, or otherwise obtains possession of a person for the purpose of prostitution.
- Imprisonment for a term of up to three years, a fine, or both for a person who owns, manages, or keeps a brothel.
- Imprisonment for a term of up to five years, a fine, or both for a person who detains a person against their will in a brothel.
Despite these penalties, enforcement of these laws is often lax, and the illegal sex trade is widespread throughout the country. Corruption and lack of resources make it difficult for the government to effectively combat prostitution and human trafficking.
How is Prostitution Referred to Locally in Myanmar?
Prostitution in Myanmar is often referred to as the flesh trade or sex work. Sex workers are commonly called daughters of the night or kandapwe in Burmese. Brothels are sometimes referred to as flower houses or sweat houses.
What is the History of Prostitution in Myanmar?
Prostitution in Myanmar has a long history, dating back to the pre-colonial era. During the British colonial period, prostitution flourished in major cities such as Yangon (Rangoon) and Mandalay, with many sex workers coming from India and China. After gaining independence in 1948, the government of Myanmar enacted The Suppression of Prostitution Act in 1949 in an effort to combat the growing problem of prostitution.
However, economic hardships and political instability in the country have contributed to the persistence of prostitution in Myanmar. The sex trade has become increasingly organized, with many women and girls being trafficked from rural areas to urban centers, as well as across borders to neighboring countries such as Thailand and China.
What Government Laws and Resources Exist Regarding Prostitution in Myanmar?
In addition to the Myanmar Penal Code and The Suppression of Prostitution Act, there are several other laws and resources related to prostitution in the country. These include:
- The Anti-Trafficking in Persons Law of 2005, which criminalizes all forms of human trafficking, including trafficking for the purpose of sexual exploitation.
- The Child Law of 1993, which prohibits the exploitation of children for prostitution and provides for the protection and rehabilitation of child victims of sexual exploitation.
- The Myanmar Police Force’s Anti-Human Trafficking Police, which is responsible for investigating and prosecuting cases of human trafficking, including those involving prostitution.
- Various non-governmental organizations (NGOs) and civil society groups that work to combat prostitution and provide support services to sex workers and trafficking victims, such as the Sex Workers in Myanmar Network and Myanmar Reduces Vulnerability to Human Trafficking project.
Despite these efforts, prostitution remains a significant problem in Myanmar, with many sex workers and trafficking victims facing stigma, discrimination, and limited access to healthcare and social services.