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Burma

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Children

Birth Registration: The law automatically confers full citizenship to children of two parents from one of the 135 recognized national ethnic groups and to children who met other citizenship requirements. Moreover, the government confers full citizenship to second-generation children of both parents with any citizenship, as long as at least one parent has full citizenship. Third-generation children of associate or naturalized citizens can acquire full citizenship. Many long-term residents in the country, including the Rohingya, are not among the recognized national ethnic groups, however, and thus their children are not automatically conferred citizenship (see section 2.g.).

A prominent international NGO noted significant rural-urban disparities in birth registration. In major cities (e.g., Rangoon and Mandalay), births were registered immediately because registration is required to qualify for basic public services and to obtain national identification cards. In smaller towns and villages, birth registration often was informal or nonexistent. For the Rohingya community, birth registration was a significant problem (see section 2.g.). The Advisory Commission on Rakhine State noted in its interim report that nearly half of all residents in Rakhine State lacked birth documentation.

A birth certificate provides important protections for children, particularly against child labor, early marriage, and recruitment into the armed forces and armed groups. Sometimes a lack of birth registration complicated access to public services in remote communities.

Education: By law education is compulsory, free, and universal through the fourth grade (up to age 10). This leaves children ages 10 through 13 vulnerable to child labor, since they are not required to attend school but are not legally permitted to work, because the minimum age for work is 14. The government continued to allocate minimal resources to public education, and schools charged informal fees.

Schools were often unavailable in remote communities and conflict areas, and access to them for internally displaced and stateless children also remained limited.

Child Abuse: Laws prohibit child abuse, but they were neither adequate nor enforced. NGOs reported corporal punishment was widely used against children. The punishment for child abuse is a maximum of two years’ imprisonment or a modest fine. The Ministry of Social Welfare, Relief, and Resettlement continued child protection programs in partnership with UNICEF to improve data collection, develop effective laws, provide psychosocial assistance, and combat trafficking, and added COVID-19 awareness raising. Violence in Rakhine, Chin, Shan, and Kachin states exposed many children to an environment of violence and exploitation.

Online and street protests continued following the alleged May 2019 sexual assault of a two-year-old girl, pseudonym “Victoria,” at a nursery school in Nay Pyi Taw. Protesters raised concerns about the transparency of the trial, and in July 2019 Win Ko Ko Thein, the leader of an online protest campaign, was arrested for Facebook posts “defaming” the police officers investigating the case. Both cases continued as of November. Legal violations during the “Victoria” trial included the police’s December 2019 disclosure of the victim’s name and of photographs further identifying the child and her parents, their occupations, and the family’s address. On June 2, the promotions of three senior police officers responsible were suspended.

Child, Early, and Forced Marriage: The law stipulates different minimum ages for marriage based on religion and gender. The minimum age for Buddhists is 18, while the minimum age for non-Buddhists is 16 for boys and 15 for girls. Child marriage occurred, especially in rural areas. There were no reliable statistics on forced marriage.

Sexual Exploitation of Children: Children were subjected to sex trafficking in the country, and a small number of foreign child-sex tourists exploited children, according to Human Rights Watch. The 2019 Child Rights Law prohibits the sexual exploitation of children, including pimping and prostitution; separate provisions within the penal code prohibit sex with a minor younger than 14. The penalty for the purchase and sale of commercial sex acts from a child younger than 18 is 10 years’ imprisonment. The law prohibits child pornography and specifies a minimum penalty of two years’ imprisonment and a modest fine. The law on child rights provides for one to seven years’ imprisonment, a substantial fine, or both for sexual trafficking or forced marriage. If a victim is younger than 14, the law considers the sexual act statutory rape. The maximum sentence for statutory rape is two years’ imprisonment when the victim is between the ages of 12 and 14 and 10 years’ to life imprisonment when the victim is younger than 12.

The country’s antitrafficking in persons law requires a demonstration of force, fraud, or coercion to constitute a child sex-trafficking offense.

Displaced Children: The United Nations estimated that approximately 40 percent of IDPs were children. The mortality rate for child IDPs was significantly higher than the national average.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

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