Legal Consequences of Irregular Movements
Travelling outside your township or crossing international borders without or with forged travel documents are criminal offenses under Myanmar law. The offenders may face imprisonment under the following acts:
- Offenders travelling within Myanmar without or with counterfeit documents may be prosecuted by up to two years imprisonment under the Myanmar Residents Registration Act (1949).
- Offenders crossing an international border without or with counterfeit documents may be prosecuted by up to five years imprisonment under the Immigration (Emergency Provisions) Act (1947).
UNHCR assistance to individuals prosecuted for irregular movements
UNHCR provides humanitarian assistance to persons who have been arrested or otherwise face challenges in relation to movements within, to and from Myanmar. Depending on the location, needs and availability of resources, UNHCR and its trusted partners can provide legal representation and essential items to detainees. Decisions to release individuals from detention are taken by the relevant authorities in Myanmar. If you or someone you know is in need of support or if you have any questions regarding the risks during movement within Myanmar or across international borders, please contact UNHCR. Please find below some key points to consider before and during movement by sea or land.
Important: All UNHCR services and assistance are free of charge.
1. What are some of the risks of travelling by sea? ⬇️
When travelling by sea, you will face various dangers during the journey and your life will be at risk.
- Overcrowded and unsafe boats: Boats might carry more passengers than they are supposed to and you might not have space to move. Boats can capsize during the journey.
- Lack of food and water: You might not have enough to eat and drink. You can fall ill and will not be able to access medical care.
- Family separation: You might be separated from your family members during the journey and lose contact with loved ones staying behind.
- Theft: Smugglers might take your belongings, such as your phone.
- Extortion and heavy debt: Smugglers might ask for more money than agreed and threaten to hurt you. You and your family might be in heavy debt after having paid for your journey.
- Beatings and other forms of violence: You might be seriously beaten by smugglers, for example if you are not able to pay for the journey. Especially women and girls might be raped by smugglers or other passengers.
- Stranded at sea: Smugglers might abandon you at sea.
- Arrest and detention: You might be arrested and detained without your family knowing where you are. In Myanmar, you can be sentenced to up to 5 years in prison. If you are able to cross international borders, you might still be arrested and detained abroad and/or sent back to Myanmar.
- Exploitation following successful cross-border movement: Even if you were able to cross international borders with the help of smugglers and have not been detained, you might still find yourself in danger. You can be forced to work for free or have your organs removed. Especially women and girls might be married against their will or forced into prostitution.
2. What are some of the risks of travelling by land? ⬇️
When travelling by land, you will face various dangers during the journey and your life will be at risk.
- Unsafe routes: Smugglers might choose unsafe routes, including through areas affected by conflict. You can get seriously injured by landmines and explosive hazards and lose body parts.
- Lack of food and water: You might not have enough to eat and drink. You can fall ill and might not be able to access medical care.
- Family separation: You might be separated from your family members during the journey and lose contact with loved ones staying behind.
- Theft: Smugglers might take your belongings, such as your phone.
- Extortion and heavy debt: Smugglers might ask for more money than agreed and threaten to hurt you. You might also be asked for money at checkpoints. You and your family might be in heavy debt after having paid for your journey.
- Beatings and other forms of violence: You might be seriously beaten by smugglers, for example if you are not able to pay for the journey. Especially women and girls might be raped by smugglers or other individuals travelling with you.
- Lost in an area you do not know: Smugglers might abandon you along the route.
- Arrest and detention: You might be arrested and detained without your family knowing where you are. In Myanmar, you can be sentenced to up to 5 years in prison. If you are able to cross international borders, you might still be arrested and detained abroad and/or sent back to Myanmar.
- Exploitation following successful cross-border movement: Even if you were able to cross international borders with the help of smugglers and have not been detained, you might still find yourself in danger. You can be forced to work for free or have your organs removed. Especially women and girls might be married against their will or forced into prostitution.
3. Tips to consider before and during movement by sea or land ⬇️
Do not hesitate to reach out to UNHCR if you have any questions regarding the risks during movement within Myanmar and across international borders by sea or land. Please find below a few tips you might find useful.
- Question opportunities: Strangers, community members, friends or even relatives can offer false or dangerous opportunities and exploit your circumstances for personal gain. Ask yourself whether if you accept an offer, you will be forced to do something against your will or you will put yourself in danger.
- Seek advice: Talk to people or organizations you trust and try to find out more about a specific offer, the risks and how you can better protect yourself during the journey.
- Stay together with your family members: Avoid family separation when you travel. Children are safest with their families.
- Do not touch or approach landmines and explosive hazards: If you are travelling by land, look out for dangerous items. Alert others who are travelling with you to stay away from landmines and explosive hazards.
