Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Myanmar (Ratification: 1927)

Article 4 of the Convention. Situation of Myanmar migrant workers in Thailand. The Committee has been following with concern for many years the situation of more than 2 million migrant workers in an irregular situation employed in Thailand. In reply to the issues raised previously by the Committee, the Government report, received in September 2012, indicates that five newly established Temporary Passport Issuance Centers have been opened in Thailand to issue documents to undocumented Myanmar workers. A labour attaché has also been assigned to Myanmar’s Embassy to address labour affairs issues. The Myanmar and Thailand Governments have held 11 bilateral meetings aimed, inter alia, at: guaranteeing the implementation of the registration process for undocumented workers in Thailand; extending the validity of work permits pending the registration process; ensuring equal remuneration between the nationals of both countries; reducing visa costs; and facilitating the administrative collaboration between the two countries regarding residence requirements, including in respect of children and dependants.

The Committee notes with interest these developments, which are in line with the objective of Article 4 of the Convention calling all ratifying Members to provide mutual assistance with a view to facilitating the execution of their respective laws and regulations on workmen’s compensation. The Committee wishes to stress in this respect that active collaboration between Members party to the Convention with a view to solving the challenges related to its practical implementation constitutes the best way to address the problems and seek constructive and prompt solutions. The Committee hopes that the measures taken by the Government in cooperation with the Government of Thailand will help to improve the situation of Myanmar migrant workers in Thailand and their access to workmen’s compensation insurance. The Committee requests the Government to indicate further progress in this respect in its next report including statistics on the number of migrant workers in an irregular situation employed in Thailand who are receiving equal treatment under this Convention pursuant to the welcome developments described by the Government, as well as any problems still to be addressed.

Review of the national legislation on social security. The Government indicates that the Social Security Bill amending the 1954 Social Security Act is currently before the Pyihtaungsu Hluttaw (Parliament) and is to be enacted in the very near future. Following the adoption of the new legislation, the Social Security Board will provide new benefits such as free medical care and cash benefits to all insured workers, both national and foreign (section 102 of the Bill). The Committee requests the Government to supply a copy of the new Social Security Act once adopted.