Child Law in Myanmar: A 2019 Perspective

Imagine waking up in a country where children’s rights were suddenly thrust into the spotlight. This is what Myanmar faced in 2019, with sweeping changes in child protection laws that promised to transform the legal landscape. But did it succeed?

In a country with deep-rooted cultural traditions and long-standing political challenges, the introduction of the 2019 Child Rights Law was seen as a monumental step forward. The law promised to protect children from exploitation, ensure their access to education, and safeguard their future. However, its implementation has faced numerous obstacles.

What most people don’t know is that this law was born from a series of shocking cases that shook the country. Some of these cases involved child labor in rural areas, while others revolved around trafficking. The 2019 law aimed to address these deep-seated issues, but it’s not just about passing a law—it's about enforcing it in a system that has historically struggled with governance and compliance.

One of the most important aspects of the law is its focus on juvenile justice. Prior to 2019, children who committed crimes were often treated as adults within the legal system. The new law redefined the age of criminal responsibility, creating a clear line between childhood and adulthood, with specific guidelines for how to handle juvenile offenders.

But where did it all go wrong? Why do thousands of children still fall through the cracks of Myanmar’s legal system? The answer lies in the complexity of the country’s legal and social systems. While the law was well-intentioned, its execution has been far from flawless. Some regions lack the infrastructure to support these legal changes, with rural areas particularly underserved in terms of law enforcement and child protection services.

What’s worse, the cultural stigma surrounding certain issues, such as child marriage, continues to hinder progress. In many rural areas, child marriages are still considered normal, and the new law's provisions on minimum age for marriage are often ignored. This creates a significant challenge for advocates of child rights who must navigate both legal and cultural obstacles.

One of the standout provisions of the 2019 Child Rights Law was the creation of child protection mechanisms at the community level. These mechanisms were designed to identify at-risk children and provide them with necessary support, including access to education, healthcare, and protection from exploitation. However, the success of these mechanisms has varied significantly across the country. Urban areas have seen more success, but in more remote regions, these protections are often nonexistent or underfunded.

Education reform was another cornerstone of the 2019 law. The government recognized that without access to quality education, children would remain vulnerable to exploitation and abuse. The law aimed to make education not just a right, but a reality for every child in Myanmar. However, the gap between policy and practice remains stark. Many children, especially those in conflict-affected regions, still lack basic access to education.

One particularly troubling aspect of the child law is its relationship with Myanmar’s ongoing conflicts. In areas affected by civil unrest, such as Rakhine and Kachin states, children are often caught in the crossfire. Many are displaced, separated from their families, or even recruited as child soldiers. The 2019 law sought to address these issues by providing protections for children in conflict zones, but the reality on the ground remains grim.

A major criticism of the 2019 Child Rights Law is its lack of enforcement mechanisms. While the law outlines specific protections for children, it does not provide clear guidance on how these laws should be enforced, particularly in conflict-affected areas. This has led to a situation where children’s rights are protected in theory but not in practice.

Child labor remains a significant issue in Myanmar, despite the 2019 law’s provisions to combat it. In rural areas, many children continue to work in hazardous conditions, often in agriculture or small-scale industries. Poverty is a major driving factor, and the law has done little to address the economic realities that force children into labor. Without broader economic reforms, the child labor issue is likely to persist.

The 2019 law also attempted to tackle child trafficking, a growing problem in Myanmar. Trafficking networks often prey on vulnerable children, particularly in border areas, where they are trafficked into neighboring countries for labor or sexual exploitation. While the law includes provisions to combat trafficking, enforcement remains weak, and traffickers continue to operate with relative impunity.

Perhaps one of the most overlooked aspects of the 2019 Child Rights Law is its focus on children’s participation in decision-making. The law recognizes that children have the right to express their views on matters that affect them, and it encourages the government to take these views into account. However, in a society where children’s voices are often marginalized, this provision has seen limited success.

As we look at the broader picture, the 2019 Child Rights Law represents a significant step forward for Myanmar, but it is far from perfect. Implementation remains a key challenge, with gaps in enforcement, particularly in rural and conflict-affected areas. Cultural barriers also pose significant obstacles, particularly in issues related to child marriage and child labor.

Despite these challenges, there is hope. Civil society organizations in Myanmar have played a crucial role in advocating for children’s rights and ensuring that the law is enforced. These organizations work on the ground, often in difficult conditions, to provide support and protection to children. Their efforts have led to some positive outcomes, particularly in urban areas where access to resources is better.

Looking ahead, it is clear that more needs to be done to fully realize the potential of the 2019 Child Rights Law. The government must prioritize enforcement and provide adequate resources to ensure that children, particularly those in rural and conflict-affected areas, are protected. International support is also crucial, as Myanmar continues to face significant challenges in implementing its child protection laws.

In conclusion, the 2019 Child Rights Law marked a turning point for Myanmar. It laid the foundation for a legal framework that protects children’s rights, but the road ahead is long. Enforcement, cultural change, and economic reforms are all necessary to ensure that the law’s promises are fully realized.