Worst Forms of Child Labour Convention, 1999 (No. 182) - Myanmar (Ratification: 2013)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for pornography or pornographic performances. Following its previous comments, the Committee notes with interest that the Child Rights Law, 2019, prohibits all the worst forms of child labour and, in particular, that section 66 provides that whoever subjects children (defined as persons under 18 years of age) to sexual exploitation, prostitution (offering, acquiring, purchasing or support for such a purpose), or the production of child pornography or offering, selling, possession, importing or exporting pornographic contents related to children, shall be considered a criminal offender. Section 105 of the Law contains the penalties for these offences, including both imprisonment and fines. The Committee requests the military authorities to provide information on the application in practice of sections 66 and 105 of the Child Rights Law, indicating the number of investigations, prosecutions, convictions and penalties applied.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes with interest that section 48(a) of the Child Rights Law, 2019, provides that no child under the age of 18 shall be employed in the worst forms of child labour. Under section 3(t)(3) of the Law, these worst forms include persuading, purchasing, utilizing or proposing a child for illegal drug operations, including the production and smuggling of drugs.

The Committee observes, however, that the penalty for this offence is not clearly stated. Under section 108 of the Law, committing any of the offences or prohibitions stipulated in the law, including exploitation, which was not specified for separate punishment by this law shall be punished by one of the relevant existing legislations. The Committee therefore requests the military authorities to clearly indicate the penalties to which perpetrators of the use, procuring or offering of a child for illicit activities are liable. It also requests the military authorities to provide information on the application of sections 3(t)(3) and 48(a) concerning the use, procuring or offering of children for illegal drug operations, indicating the number of investigations, prosecutions, convictions and penalties applied.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Articles 5 and 6. Monitoring mechanisms and national plans of action. National Plan of Action (NPA) to Combat Human Trafficking. Following its previous comments, the Committee notes, from the report of the military authorities under the Forced Labour Convention, 1930 (No. 29), that the Central Body for Suppression of Trafficking in Persons (CBTIP) has implemented the first, second and third NPAs, which together covered the years 2007 to 2021, in accordance with the provisions under the Memorandum of Understanding (MoU) of Coordinated Mekong Ministerial Initiative against Trafficking in Persons (COMMIT) and the UN and ASEAN Conventions Against Trafficking in Persons, especially Women and Children. The CBTIP is now implementing the NPA (2022–26) in cooperation with respective ministries, departments and organizations. The Committee requests the military authorities to continue providing information on the activities of the CBTIP, in particular within the framework of the NPA to Combat Human Trafficking, and to provide information on the results achieved relating to the protection of children under 18 years of age from sale and trafficking for labour or sexual exploitation.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Child domestic workers. The Committee notes with regret that the military authorities provide no information on the measures taken to protect child domestic workers from the worst forms of child labour. It notes that the Working Committee on the Removal and Remedy of the Worst Forms of Child Labour, established under the new National Committee on the Elimination of Child labour in the framework of the Myanmar National Action Plan on the Elimination of Child Labour (NAP-ECL), is implementing processes to eliminate hazardous child labour, remove children who are at risk, and prosecute offending employers who commit child rights abuses in violation of legislation. The military authorities indicate that children working in hazardous workplaces have been identified and the necessary support and referrals are being prioritized, but does not give any specific information regarding how many children were removed, from which sectors of the economy and how many were given support. Recalling that child domestic workers are particularly vulnerable to the worst forms of child labour, including hazardous work, the Committee once again urges the military authorities to take effective and time-bound measures to provide the necessary and appropriate direct assistance to remove children engaged in domestic work from hazardous and exploitative working conditions and ensure their rehabilitation and social integration. It requests the military authorities to provide information on the measures taken in this regard, including, if relevant, through the Working Committee on the Removal and Remedy of the Worst Forms of Child Labour, and on the results achieved in terms of the number of child domestic workers removed from such situations and rehabilitated.

Internally displaced, refugee, asylum-seeking and stateless children (Rohingya). The Committee notes that several UN sources report that, since the military takeover in February 2021, the number of displaced children in Myanmar has drastically increased. According to the 2022 Global Report from the UN Refugee Agency (UNHCR) on the Myanmar situation, in 2022, Myanmar grappled with multifaceted crises that resulted in significant further displacements within and from the country. The report reveals that there were 1.2 million new internally displaced persons (IDPs) in 2022 alone, adding to the 1.3 million refugees and asylum seekers, 48 per cent of which are children, and to the 630,000 stateless persons in Myanmar (Rohingya). According to the report of the Special Rapporteur on the situation of human rights in Myanmar as of 9 March 2023, more than 1.3 million people have been displaced since the coup (A/HRC/52/66, para. 4), and many Myanmar nationals without legal status or documents, undocumented children, refugee and migrant children lack opportunities for schooling and are put at risk of labour exploitation (paras 83–88). Considering that displaced, refugee, asylum-seeking and stateless children are at an increased risk of being drawn into the worst forms of child labour, the Committee requests the military authorities to take immediate and effective measures to protect these children from these worst forms of child labour, and to provide information on the measures taken in this regard and the results achieved.

Article 8. International cooperation and assistance. Sale and trafficking. Following its previous comments, the Committee takes note of the information from the military authorities’ report under Convention No. 29, regarding the continued bilateral cooperation between Myanmar and Thailand and China. The military authorities indicate that a MoU is in the process of being signed between Myanmar and Thailand on border cooperation for child protection. Another MoU on cooperation for prevention of trafficking in persons, rescue, recovery, repatriation and reintegration of victims of trafficking was signed in February 2020 between Myanmar and India and is currently being implemented. Other bilateral agreements include a draft memorandum of subsidiary arrangement between Myanmar and Australia under the ASEAN–Australia Counter Trafficking Program and a MoU on Combating Trafficking in Persons between Myanmar and Viet Nam, which is in the process of being signed. The Committee encourages the military authorities to continue its international and regional cooperation efforts to combat trafficking of children. It also requests the military authorities to provide information on the results achieved in this regard through the MoUs signed and in the process of being signed with the countries mentioned, in particular China and Thailand.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Compulsory recruitment of children for use in armed conflict. Following its previous comments, the Committee notes the military authorities’ information, in their report, that a Committee and Working Committee on the Prevention of the Six Grave Violations were established to prevent those six grave violations against children in armed conflict, including the recruitment or use of children as soldiers. It also notes the military authorities’ indication that it has implemented the National Action Plan on the Prevention of Killing, Maiming and Sexual Violence against Children in Armed Conflict (2020-2021), and that this National Action Plan has been renewed and is being implemented in 2022-2023. Moreover, the Committee notes that the Child Rights Law, 2019, contains a chapter (XVII) on children and armed conflict, in which the measures that should be taken by the governmental departments, governmental organizations, armed forces and armed groups, to respect, protect and fulfil the rights of children affected by armed conflict are enumerated (section 60). Section 61 of the Law provides that anyone who recruits or uses children in armed conflict or coerces or summons children by force to transport food, weapons and supplies, commits an offence. Moreover, sections 63 and 64 prohibit the recruitment and use of children under 18 into military service by the Tatmadaw (Myanmar military) or into other groups. Penalties for these offences, both imprisonment and fines, are provided for under sections 103(b) and 104 of the Act.

The Committee notes, however, that several UN sources point to the continued use and recruitment of children by armed forces and groups. According to the Report of the Special Representative of the Secretary-General for Children and Armed Conflict of 4 January 2022, until the end of January 2021, the Special Representative was accelerating her engagement with the Government, led by the National League for Democracy, and the Tatmadaw armed forces on ending and preventing the recruitment and use of children. The Tatmadaw had issued four military directives prohibiting the use of children in armed conflict, and developed a roadmap with UN support to end and prevent this practice, but dialogue between the Special Representative and the Tatmadaw was halted after the military takeover on 1 February 2021. Moreover, in March 2021, the de facto authorities announced their intention to revise the July 2019 Child Rights Law, thereby risking an erosion of current protection standards. In the most recent annual report of the Secretary-General on children and armed conflict, the Tatmadaw, including the integrated border guard forces, was relisted for the recruitment and use of children, following its failure to end and prevent the ad hoc use of children in non-combat roles (A/HRC/49/58, paras 10–11).

Furthermore, in his 14 June 2022 report entitled “Losing a generation: how the military junta is devastating Myanmar’s children and undermining Myanmar’s future”, the Special Rapporteur on the situation of human rights in Myanmar indicates that he has received various reports that the recruitment and use of children by the Myanmar military has indeed increased since the coup (A/HRC/50/CRP.1, para. 61). Second-hand accounts suggest that, at least in certain parts of the country, junta officials and junta-aligned armed groups have placed demands on villages or households to produce a certain number of recruits, without safeguards to ensure that children are not enlisted. The Special Rapporteur also received credible reports of the recruitment of children by some ethnic armed organizations since the coup, as well as of the use of children as forced labour by these armed groups, including to carry military supplies in conflict zones (paras 65 and 66). The Special Rapporteur also received reports from several sources that many children are living, working, and fighting with units from the newly formed People’s Defense Forces (PDFs). Often these children are making weapons, serving food, or acting as lookout guards. It is also likely that children have been involved in fighting with PDFs (para. 67).

In this regard, according to the most recent report of the Secretary General on children and armed conflict of 23 June 2022, the United Nations verified 503 grave violations against 462 children (390 boys, 69 girls, three of unknown gender) in Myanmar. Among other grave violations, the United Nations verified the recruitment and use of 280 children (260 boys, 20 girls), some as young as 12, attributed to the Tatmadaw (222), Kachin Independence Army (KIA) (50), Restoration Council of Shan State/Shan State Army – South (RCSS/SSA-South) (6), Shan State Progress Party/Shan State Army (SSPP/SSA) (1), and the Arakan Army (AA) (1), in Rakhine (203), Kachin (40), Shan (16), Mon (13), Chin (2), Kayah (1), Magway (1), Mandalay (1), Sagaing (1), Taninthayi (1) states and regions and in Yangon (1) (A/76/871 – S/2022/493, paras 131 and following). While the Secretary General noted the intention of the Tatmadaw to continue implementing the 2012 joint action plan on the recruitment and use of children, he was extremely concerned by the continued high number of children used, predominantly in Rakhine (para. 140). The Secretary General also took note of, and expressed his concern about, other grave violations being perpetrated against children in the context of armed conflict in Myanmar, such as killings and maiming, abductions, attacks on schools and hospitals, and detention and denial of due process.

The Committee must deeply deplore the recruitment and use of children in armed conflict in Myanmar, especially as it entails other violations of the rights of the child, such as abductions, murders and sexual violence. It recalls that, under Article 3(a) of the Convention, the forced or compulsory recruitment of children under 18 years of age for use in armed conflict is considered to be one of the worst forms of child labour and that, under Article 1 of the Convention, Member States must take immediate and effective measures to secure the elimination of the worst forms of child labour as a matter of urgency. The Committee urges the military authorities to take the necessary measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children under 18 years of age by armed forces and armed groups in Myanmar. The Committee also urges the military authorities to take immediate and effective measures to ensure the thorough investigation and prosecution of all persons found guilty of recruiting children under 18 years of age for use in armed conflict and to ensure that sufficiently effective and dissuasive penalties are imposed in practice, pursuant to the Child Rights Law, 2019. The Committee requests the military authorities to provide information on the number and nature of investigations carried out against the perpetrators of these crimes, as well as on the number of prosecutions conducted, and the number and nature of penalties imposed.

Sale and trafficking of children. The Committee notes that, in addition to the provisions of the Anti-Trafficking in Persons Law of 2005 (Anti-Trafficking Law) criminalizing the sale and trafficking of children and youth, the Government has adopted the Child Rights Law, 2019, section 48(a) of which provides that no child shall be forced to work or be employed in the worst forms of child labour, which include the sale and trafficking of children. The military authorities indicate, in this regard, that, between January 2017 and May 2022, there were 278 cases of child trafficking, and that the trafficking of children is being prosecuted both under the 2005 Anti-Trafficking in Persons Law and the 2019 Child Rights Law.

The Committee observes, however, that the military authorities do not provide statistics on the number of prosecutions, convictions and penalties applied. It also points out that humanitarian crises, such as armed conflicts can lead to an increase in trafficking in persons (Inter-Agency Coordination Group against Trafficking in Persons (ICAT), “Trafficking in persons in humanitarian crises”, Issue brief #2, 2017). Taking into consideration the current situation of protracted conflicts in Myanmar, the Committee therefore urges the military authoritiesto intensify their efforts to combat child trafficking and to ensure, in this regard, that in-depth investigations and prosecutions are conducted against the perpetrators. It once again requests the military authoritiesto provide information on the number of investigations, prosecutions, convictions and penalties imposed pursuant to section 24 of the Anti-Trafficking Law, as well as pursuant to section 48(a) of the Child Rights Law.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the military authorities’ information that, in 2019, the enrolment rates in the age group 10–15 years was 68.69 per cent for boys and 75.59 per cent for girls.

The Committee notes in this regard that, according to a report of the Global Partnership for Education of 4 January 2022 on continuing education for crisis-affected children in Myanmar, despite implementing the National Education Strategic Plan (NESP) (2016-21) with a focus to undergo major transformation, Myanmar is continually facing challenges in ensuring quality education for all children. Moreover, three factors have been adding fuel to a long-standing crisis: (1) the protracted conflicts in various parts of the country that have been ongoing for decades; (2) the COVID-19 crisis which the Ministry of Education has not yet been successful in addressing; and (3) the military takeover which has had immediate impacts and will continue to plague an already dire learning crisis.

Months into the COVID-19 crisis which resulted in nation-wide school closures, it was quite evident that long-term impacts on education would be faced by children throughout the country, especially for those already marginalized. In December 2020, the World Bank reported that less than 40 per cent of children enrolled in school in February 2020 had been engaged in learning activities with lower rates for children in the bottom wealth quintile. The military takeover has further derailed the return to school, and no doubt increased the negative impacts on learning. The report further reveals that school closures are most risky for children from marginalized households who are more likely to be drawn into child labour, and that fears for the safety of children going to school have been heightened by the ongoing conflict, leading to education stakeholders observing unprecedented levels of school dropouts.

Similarly, the Special Rapporteur on the situation of human rights in Myanmar notes, in his report of 13 June 2022, that the combined effect of the COVID-19 pandemic and the military coup have massively disrupted education in Myanmar (A/HRC/49/76, paras 71, 72). In May 2021, 12 million children were estimated to have missed more than a year of schooling because of the COVID-19 pandemic. Moreover, even after pandemic restrictions were lifted in late 2021, many teachers stayed away from the classroom as part of the civil disobedience movement, and many families made the decision to not send their children to government-run schools. Armed conflict, displacement and other security concerns have also impeded access to education. Attendance rates for government schools are estimated to be below 50 per cent. Junta forces have also occupied and attacked schools in conflict areas, further disrupting education and threatening the lives of student and teachers.

The Committee must therefore express its deep concern at the significant number of children who are deprived of basic education due to the many crises affecting the country. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee urges the military authoritiesto take measures to improve the functioning of the education system and to facilitate access for all children to free basic education. In this regard, the Committee requests the military authoritiesto take the necessary measures, to increase school enrolment, attendance and completion rates at the primary and secondary levels. It requests the military authoritiesto continue to provide information on the concrete measures taken in this regard and to provide updated statistical information on school enrolment, attendance and completion rates.

Clause (b). Provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Children in armed conflict. The Committee notes with regret that the military authorities do not provide any information on the removal of children from the armed forces or groups and their rehabilitation and social integration. It notes that, according to the report of the United Nations Secretary-General on children and armed conflict of 23 June 2022, the detention of children for alleged association with armed groups continues: the United Nations verified the detention of 87 children (75 boys and 12 girls) by the police and the Tatmadaw for their alleged association with armed groups. In addition, a boy who had been detained by the Tatmadaw since September 2020 was released in 2021 (A/76/871 – S/2022/493, para. 133). The Secretary-General expressed concern at the increase in the number of cases of detention of children, and their being denied due process, called for the implementation of the 2019 Child Rights Law, and urged the Tatmadaw to immediately release detained children and recalled that children should be treated primarily as victims. In this regard, the Committee observes that the Child Rights Law calls for all charges against children involved in armed conflict (except serious offences) to be dropped immediately, and for these children to be handed over to the Department of Social Welfare for reformation and care at a Training School, Shelter or Temporary Care Station (section 60(e)). The Law also requires measures to be taken to provide appropriate assistance for the education, rehabilitation and reintegration of children recruited or used in armed conflict, in order to restore their physical and psychological well-being (section 60(h)). The Committee therefore urges the military authorities to take effective and time-bound measures to remove children from armed forces and armed groups and ensure their rehabilitation and social integration. It asks the military authorities to provide information on the measures taken in this regard and on the number of children removed from armed forces and armed groups and socially integrated. The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 5. Monitoring mechanisms. Combating trafficking in children. In its previous comments, the Committee noted that a Central Body for Suppression of Trafficking in Persons (CBTIP) was established with three working groups functioning under it, namely: (i) the working group on prevention of trafficking in persons and protection of trafficking victims; (ii) the working group on legal affairs and prosecution; and (iii) the working group on repatriation, reintegration and rehabilitation of victims of trafficking. It also noted from the report of the United Nations Inter-Agency Project on Human Trafficking of July 2014 (UNIAP report) that an Anti-Trafficking in Persons Division was created in 2013 under the CBTIP.

The Committee notes from the Government’s report under the Forced Labour Convention, 1930 (No. 29), that from 2017 to June 2018, the working group on legal affairs and prosecution initiated 331 cases of trafficking in persons, involving 937 offenders against whom legal actions were taken, while 77 victims were rescued and reintegrated into their families. It also notes the Government’s indication that three Border Liaison Offices to counter trans-border trafficking were established at the border between China and Thailand and terms of reference for enhancing cooperation between the members of the Myanmar Police and the Department of Special Investigation of Thailand were signed. Following the Memorandum of Understanding on anti-trafficking in persons signed with China and Thailand, Myanmar developed annual work plans and initiated bilateral cooperation on investigation of cases of cross-border trafficking of persons. In this regard, the Anti-Trafficking in Persons Department enhanced cooperation by holding regular meetings with Royal Thai Police and the Department of Special Investigation and undertaking joint-investigations and exchanging information. The Committee requests the Government to provide information on the results achieved in combating the cross-border trafficking of children following the establishment of the Border Liaison Offices to counter trans-border trafficking with Thailand and China. It also requests the Government to continue to provide information on the number of cases of trafficking of children disaggregated by gender and age that have been identified and dealt with by the working group on legal affairs and prosecution and the Anti-Trafficking in Persons Department, under the CBTIP.

Article 6 of the Convention. 1. National Plan of Action (NPA) to Combat Human Trafficking 2012–16. In its previous comments, the Committee noted the adoption of the second five-year National Plan of Action (NPA) to Combat Human Trafficking 2012–16. It requested the Government to provide information on the concrete measures taken within the framework of this NPA and the results achieved.

In this regard, the Committee notes the information provided by the Government in its report submitted under Convention No. 29 according to which, during the period of the second five-year NPA to Combat Trafficking in Persons: (i) the working group on prevention of trafficking in persons and protection of victims under the CBTIP, conducted 14,334 awareness-raising programmes and disseminated pamphlets covering almost 2 million people; (ii) the working group on repatriation, reintegration and rehabilitation of trafficked victims conducted 394 capacity-building training sessions, 50 workshops and 20 courses covering more than 20,000 people; and (iii) initiated protective measures which resulted in the repatriation of 539 victims from China; 350 victims from Thailand; 1,075 victims from Indonesia, and 306 victims from India. In addition, more than 1,800 victims were repatriated from these countries with the assistance of UNICEF. The Committee further notes that, from 2017 to June 2018, 184 victims of trafficking from China, 119 victims from Thailand, and 308 victims from Indonesia were repatriated, of which more than 175 victims were supported with small-scale business, livestock, agriculture and education.

The Committee notes the Government’s information that through the implementation of the NPA, it has been analyzed that trafficking in persons widely occurred in 271 out of 330 townships in Myanmar; 57.8 per cent of trafficked persons were women and 14.7 per cent were children; and 63.7 per cent of cross-border trafficking incidents were to China, and 12.9 per cent to Thailand, while internal trafficking constituted 18.8 per cent of cases. The Committee further notes the Government’s information that Myanmar became a member of ASEAN Convention against Trafficking in Persons, especially Women and Children in November 2015 and has been actively participating in anti-trafficking in persons activities in the region. While noting the measures taken by the Government, the Committee strongly encourages it to continue its efforts to prevent and eliminate trafficking of children. It requests the Government to provide information on the specific measures taken in this regard and on the results achieved disaggregated by gender and age. Furthermore, it requests the Government to provide information on the impact of the anti-trafficking activities undertaken by the Government through the implementation of the ASEAN Convention against Trafficking in Persons, especially Women and Children.

2. Myanmar Programme on the Elimination of Child Labour 2014–17 (My PEC). The Committee notes from the ILO–IPEC Technical Progress Report (TPR) of June 2018 on the Myanmar Programme on the Elimination of Child Labour (My-PEC project), that within the framework of this project: (i) awareness raising and knowledge about child labour has increased through screening and publishing photo-stories on child labour reaching more than 340,000 viewers; (ii) a draft National Action Plan on the elimination of child labour has been developed and a National Committee for the Eradication of child labour has been established for its finalization and implementation; (iii) non-formal education (NFE) interventions were conducted in the villages in Labutta, Dagon Seikkan, and Ye townships, which benefited 995 households, including 508 children attending and receiving NFE classes and life skills training, 500 households receiving parental education, and 83 teachers receiving training on child labour; (iv) 870 vulnerable families in the above three townships were provided with livelihood support, including microfinance support, skills training in agriculture and fishing and training to start businesses; and (v) 82 young persons in Yangon and Labutta were provided access to vocational training in collaboration with the Department of Technical and Vocational Education and Training. The Committee further notes that the My-PEC project provided support to the Labour Force and Child Labour Survey, 2015, and that five studies on child labour and a rapid assessment on child domestic work in Myanmar were conducted within the framework of this project. The Committee requests the Government to continue to provide information on the implementation of the My-PEC project for the elimination of child labour and its worst forms. It also requests the Government to provide information on the progress made with regard to the adoption of the National Action Plan on child labour, as well as its implementation and results achieved.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s information that from 2012–13 academic year, the Ministry of Education has been implementing free and compulsory primary education and providing students with text books, exercise books and uniforms. For the 2014–15 academic year, all school fees for middle and secondary school students were abolished and they were provided with a complete set of text books, free of cost. The number of primary schools in the border areas has reached 1,125 thereby facilitating access to education of ethnic students in those areas. Moreover, the Government indicates that it has been supporting students from poor families by providing stipends of 5,000 Burmese kyat (MMK) (US$3.17) per month to primary students, MMK8,000 (US$5.07) to lower secondary students and MMK10,000 (US$6.34) to upper secondary students. In addition, from 2016–17, the net enrolment rates (NER) at the primary, middle and secondary levels were 96.62 per cent, 60.86 per cent, and 34.84 per cent respectively, while the completion rates were 67.12 per cent, 77.35 per cent and 22.39 per cent, respectively.

The Committee notes the information from the Global Partnership for Education that the Ministry of Education has developed a National Education Strategic Plan (NESP) which focuses on improved teaching and learning, vocational education and training, research and innovation leading to measurable improvements in student achievement in all schools and educational institutions. This plan establishes a roadmap for sector-wide reforms for the period 2016–21. It also notes from the NESP endorsement document that the financial commitment to the education sector has increased from 5.7 to 8.5 per cent of public expenditures from fiscal years 2012–13 to 2017–18. The Committee notes, however, that according to the draft report of the Rapid Assessment of Child Domestic Work in Myanmar, 2018, there are many discrepancies in access, quality and cost of education in rural and urban education. The statistics indicate an upward trend of children dropping out of primary school mainly due to costs of education, lack of access to middle schools, and issues of inclusivity especially in minority areas where children are forced to learn in Burmese. In this regard, the Committee notes from the UNESCO statistics of 2017 that more than one million children and adolescents are out of school. The Committee finally notes from the Findings of the Myanmar Labour Force, Child Labour and School-to-Work Transition Survey of 2015 that school attendance is visibly low at almost 80 per cent in the age group of 12–14 years and 47 per cent for adolescents aged 15–17 years. While taking note of the measures taken by the Government, the Committee encourages it to strengthen its efforts to facilitate access to free basic education for all children, including children from poor households, rural communities and ethno-linguistic groups. The Committee requests the Government to provide information on the concrete measures taken in this regard, in particular to increase school enrolment, attendance and completion rates and to reduce drop-out rates and to provide statistical information on the results obtained.

Clause (b). Provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Children in armed conflict. In its previous comments, the Committee noted from the report of the Secretary General on children and armed conflict that detention of children as “deserters” remained a matter of concern. Of the 53 documented cases of children who escaped from Tatmadaw, 13 were arrested on charges of desertion, and more such cases were reported towards the end of 2014. In this regard, the Committee emphasized that children under the age of 18 years associated with armed groups should be treated as victims rather than offenders (see 2012 General Survey on the fundamental Conventions, paragraph 502).

The Committee notes from the Report of the Secretary-General on children and armed conflict, 2018, that the United Nations verified the detention of three boys for alleged association with armed groups and one for alleged “desertion” from Tatmadaw. In addition, five cases of military detention of suspected minors by the Myanmar Armed Forces (MAF) for alleged “desertion” were documented. The Committee also notes from this report that after the MAF was notified, the suspected minors were sent back to their regiment and placed on light duty, pending verification of their age (paragraph 129). The Committee further notes the Government’s information that from 2017 to 2018, 67 child soldiers who were removed from the armed forces were provided financial assistance (of MMK200,000 per person) and vocational guidance. The Committee requests the Government to continue to take effective and time-bound measures to remove children from armed forces and armed groups and ensure their rehabilitation and social integration. It asks the Government to provide information on the measures taken in this regard and on the number of children removed from armed forces and armed groups and reintegrated.

Clause (d). Identify and reach out to children at special risk. Child domestic workers. The Committee notes from the draft report of the Rapid Assessment of Child Domestic Work in Myanmar, 2018 that child domestic work is prevalent in Yangon and that the majority of child domestic workers, some as young as nine years old, come from poor rural areas or conflict-affected ethnic minority areas. This report also indicates that child domestic workers often work from 4 a.m. until nightfall, work in seclusion and in debt bondage, and are subject to physical and verbal abuse as well as sexual exploitation. Recalling that child domestic workers are particularly vulnerable to the worst forms of child labour, including hazardous work, the Committee urges the Government to take effective and time-bound measures to provide the necessary and appropriate direct assistance to remove children engaged in domestic work from hazardous and exploitative working conditions and ensure their rehabilitation and social integration. It also requests the Government to provide information on the measures taken in this regard and on the results achieved, in terms of the number of child domestic workers removed from such situations and rehabilitated, disaggregated by gender and age.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Compulsory recruitment of children for use in armed conflict. The Committee previously noted that the 1959 Defence Services Act (amended in 1974) and War Office Council Directive 13/73 of 1974 prohibit persons under the age of 18 from joining the armed forces. It also noted from the Report of the Secretary-General on Children and Armed Conflict of 5 June 2015 (A/69/926 S/2015/409) that a total of 357 cases of child recruitment and use by armed forces (Tatmadaw), including children as young as 14 years, were reported. Children were reported to be recruited by armed groups, including through abductions; into the formal ranks of the Tatmadaw; were deployed at the front line as combatants and in support roles; and were also used as porters and scouts. The Report of the Secretary-General on children and armed conflict further indicated the various positive steps taken by the Government, including the joint action plan signed with the United Nations in June 2012 to end and prevent the recruitment and use of children by armed forces, the endorsement of a work-plan for full implementation of this action plan, and the granting of monitoring access of the United Nations to the armed forces. The Committee requested the Government to strengthen its efforts to put a stop, in practice, to the recruitment of children under 18 years by the armed forces and armed groups.

The Committee notes the Government’s information that following the signing of the joint action plan for prevention of underage recruitment in June 2012, the United Nations Country Task Force on Monitoring and Reporting (UNCTFMR) met with the Government of Myanmar 48 times and visited 16 military commands, 85 battalions and infantry units for monitoring. It also notes the Government’s indication that military disciplinary actions were taken against 448 military personnel, including 96 officers, for recruiting under-age children into the Tatmadaw. Moreover, 877 military personnel who were enrolled before attaining 18 years were handed over to their respective parents and guardians. The Committee further notes the information provided by the Government on the various training courses, awareness raising activities, including through newspapers and TV and radio broadcasts, and legal education provided to military personnel concerning the implementation of the joint plan of action for prevention of underage recruitment as well as the prohibition of forced recruitments. It further notes from the Government’s report under the Forced Labour Convention, 1930, (No. 29) that from 2007 to 2018, 754 cases, including 738 underage recruitment cases were received under the complaints mechanism of the Supplementary Understanding, of which 325 cases were closed by the ILO.

The Committee notes, however, that according to the Report of the Secretary General on Children and Armed Conflict of 16 May 2018 (A/72/865-S/2018/465), in 2017 the United Nations documented 428 cases of recruitment and use of children, the majority of cases being attributed to the Tatmadaw, including 166 cases of formal recruitment of children, some as young as 13 years, and the informal and temporary use of about 200 children, for maintenance and cleaning duties. Furthermore, the United Nations verified 39 cases of recruitment and use of children by armed groups (Kachin Independence Army and Ta’ang National Liberation Army), and the use of 53 boys by the Border Guard Police for camp maintenance, construction and carrying of equipment. The Committee finally notes from the Report of the Special Rapporteur on the situation of Human Rights in Myanmar of March 2018 that although cases of recruitment and use of child soldiers by the Tatmadaw had decreased from February 2013 to June 2017, a total of 856 complaints were verified by the UNCTFMR (A/HRC/37/70, paragraph 38). While noting some of the measures taken by the Government, the Committee must express its deep concern at the continued use and recruitment of children by armed forces and groups. The Committee therefore strongly urges the Government to take the necessary measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children under 18 years of age into armed forces and groups. It also urges the Government to continue to take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons, including military personnel and officials, who forcibly recruit children under 18 years of age for use in armed conflict, are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. The Committee requests the Government to provide information on the measures taken and the results achieved in this regard.

Sale and trafficking of children. In its previous comments, the Committee noted that according to section 24 of the Anti-Trafficking in Persons Law of 2005 (Anti-Trafficking Law), persons guilty of trafficking in children (persons under 16 years, section 3) and youth (persons between 16 and 18 years) shall be punished with imprisonment for a period from ten years to life imprisonment and a fine. The Committee requested the Government to provide information on the application in practice of these provisions of the Anti-Trafficking Law, including the number of investigations, prosecutions and convictions made with regard to the offences related to the trafficking of children and youth.

The Committee notes the Government’s information in its report that from 2012 to 2016, 120 cases of trafficking of children were reported and legal actions were instituted against 129 persons (54 males and 75 females), of which 85 persons were convicted with penalties of imprisonment ranging from five to 20 years. In addition, from 2017 to June 2018, 59 cases of trafficking of children were reported, leading to 40 prosecutions and 18 convictions with penalties of imprisonment ranging from 10 to 20 years. The Committee notes that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 25 July 2016, expressed concern that the State party remained a source country for trafficking in persons, and that women and girls continued to be trafficked to neighbouring and other countries for sexual and labour exploitation (CEDAW/C/MMR/CO/4-5, paragraph 28). It further notes that according to a report of the United Nations Office on Drugs and Crime, entitled Trafficking in persons from Cambodia, Lao PDR and Myanmar to Thailand, 2017, minors are among the many trafficking victims from Myanmar to Thailand for sexual and labour exploitation. Girls as young as 12 and 15 years are trafficked for sexual exploitation and children (girls and boys) aged 11 years and older are trafficked for labour exploitation. The Committee therefore urges the Government to intensify its efforts to ensure in-depth investigations and prosecutions against persons who engage in the trafficking of children. It requests the Government to continue to provide information on the number of investigations, prosecutions, convictions and penalties imposed pursuant to section 24 of the Anti-Trafficking Law. It also requests the Government to provide information on the number of victims identified, rehabilitated and integrated, disaggregated by gender and age.

Clause (b). Use, procuring or offering of a child for pornography or pornographic performances. The Committee previously noted that section 66(f) of the Child Law No.9/93 provides for penalties for the offence related to using of a child (defined as a person under 16 years of age (section 2)) in pornographic cinema, video or television photography. It also noted that according to section 27 of the Anti-Trafficking Law, any person who is guilty of making use of a victim of trafficking for the purpose of pornography shall be punished with imprisonment for a period of five to ten years and a fine. The Committee requested the Government to take the necessary measures to ensure that the prohibition on the use of children for pornographic activities covered all children under 18 years of age.

The Committee notes the Government’s information that the Child Law has been reviewed and the provisions under section 66(f) of the Child Law No. 9/93 and section 27 of the Anti-Trafficking Law have been amended in such a way so as to ensure the best interests of the child and have been inserted in the draft Child Law. The Government further indicates that this draft law is currently submitted to the Parliament. The Committee expresses the firm hope that the draft Child Law will contain provisions prohibiting the use, procuring or offering of all children under the age of 18 years for the production of pornography and for pornographic performances. It requests the Government to take the necessary measures to ensure the adoption of the draft Child Law, without delay and to provide information on any progress made in this regard.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted that section 22(c) of the Narcotic Drugs and Psychotropic Substances Law of 1993 makes it an offence to use children under the age of 16 years in acts related to the production, distribution, transportation, importation and exportation of a narcotic drug or psychotropic substance. It also noted that section 66(c) of the Child Law provides for penalties for employing a child under 16 years of age for begging. Referring to Articles 3(c) and 2 of the Convention, the Committee requested the Government to take the necessary measures to ensure that the prohibition on the use of children for illicit activities, such as the production and trafficking of drugs or for begging covers all children under 18 years of age.

The Government’s report does not contain any information on this matter. The Committee therefore once again urges the Government to take the necessary measures, including within the framework of the revision of the Child Law, to ensure that the prohibition on the use of children for illicit activities, such as the production and trafficking of drugs or for begging covers all children under 18 years of age. It requests the Government to provide information on any progress made in this regard.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. In its previous comments, the Committee noted that section 65(a) of the Child Law and section 75 of the draft Law amending the 1951 Factories Act which prohibit the employment of children in work which is hazardous or harmful to the child’s health and morals, apply only to persons under 16 years of age. It also noted the Government’s information that the draft Shops and Establishment Law contained a provision prohibiting the employment of children under 18 years of age in hazardous work or work places.

The Committee notes with interest that the Shops and Establishments Law, which was enacted in 2016, prohibits the employment of persons under the age of 18 years in dangerous work or workplaces (section 14(d)). The Committee further notes from the ILO–IPEC Technical Progress Report (TPR) of June 2018 on the Myanmar Programme on the Elimination of Child Labour (My-PEC project), that a list of types of hazardous work prohibited to children under 18 years has been developed and validated by the Technical Working Group on Child Labour (TWGCL) after tripartite and wide stakeholder consultations. The Committee expresses the firm hope that the draft list determining the types of hazardous work prohibited for persons under 18 years of age will be adopted in the near future. It requests the Government to provide information on any progress made in this regard. It also requests the Government to provide a copy, once it has been adopted.

Labour inspection and application of the Convention in practice. The Committee notes the Government’s information that some of the existing labour laws related to child labour, such as the Factories Act and the Shops and Establishments Act have been amended so as to bring them into line with ILO standards. Moreover, measures are also being undertaken to ensure occupational safety and health, welfare and legal rights of children who are working in factories, shops and establishments in accordance with the labour laws. The Committee also notes from the Government’s report that a Technical Working Group on Child Labour (TWG), which consists of 31 members from the relevant ministries, as well as representatives of the ILO, UNICEF, employers’ and workers’ organizations and international NGOs was established in 2014 to draw Operational Guidelines and Terms of Reference in line with the child labour Conventions. The Government indicates that the TWG conducted 20 sessions and 14 workshops on child labour, five events on the World Day against Child Labour and several awareness-raising activities in order to eliminate child labour. Moreover, various capacity building trainings, and training for trainers were provided to labour inspectors by the Occupational Authority of Denmark. The Committee further notes the Government’s information that from 2010 to until now, six persons were prosecuted for using child labour.

The Committee notes, however, that according to the 2015 Labour Force Survey Report, over 600,000 children among the 1.12 million children involved in child labour, are engaged in hazardous work, with 1.7 per cent in the age group of 5–11 years, 24.1 per cent in the age group of 12–14 years, and 74.6 per cent in the age group of 15–17 years. Key sectors where child labour occurs are agriculture, forestry and fishing; manufacture; wholesale and retail trade and repair of motor vehicles where children work for long hours, at night and in hazardous conditions. The Committee further notes from the ILO–IPEC document on Legal review of national laws and regulations related to child labour in Myanmar, Executive Summary, 2015 that law enforcement to fight child labour is very weak and remains a challenge in Myanmar, due to a number of reasons, including prevalence of work in the informal economy, general lack of legal awareness by employers and workers, lack of monitoring mechanisms and corruption. While noting some of the measures taken by the Government, the Committee must express its concern at the large number of children involved in hazardous work in Myanmar. The Committee therefore urges the Government to intensify its efforts to eliminate hazardous child labour, including through strengthening the capacity and expanding the reach of labour inspectors to detect hazardous child labour, particularly in the informal economy. It also requests the Government to provide information on the implementation of any measures taken in this regard as well as any statistical information collected on the number and nature of violations detected and sanctions imposed related to children engaged in hazardous work, disaggregated by gender, age and economic sector.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that the Anti-Trafficking in Persons Law of 2005 (Anti-Trafficking Law), under section 4, aims to prevent and suppress trafficking in persons, with particular attention to children and youth. According to section 24 of this Law, persons guilty of trafficking in children and youth shall be punished with imprisonment for a period from ten years to life imprisonment and a fine. “Trafficking of persons”, as defined under section 3 of the Anti-Trafficking Law includes recruiting, transporting, selling, transferring, harbouring, purchasing, lending, hiring or receiving another person for the purpose of exploitation and the term “exploitation” includes all forms of sexual exploitation, forced labour or services, and slavery, servitude or debt bondage. A “child” as defined under section 3 means a person who has not attained the age of 16 years and “youth” means a person who has attained the age of 16 years and has not attained the age of 18 years. The Committee requests the Government to provide information on the application of the Anti-Trafficking Law in practice, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of persons under 18 years.

2. Slavery, debt bondage, forced or compulsory labour. The Committee notes that articles 358 and 359 of the Constitution prohibit slavery and forced labour respectively. It also notes that, according to sections 370–371 of the Penal Code, importing, exporting, buying, selling, disposing, or receiving any person against his will as a slave and habitual dealing in slaves are offences punishable by imprisonment for up to ten years and a fine. Moreover, unlawfully compelling another person to labour against his will is an offence under section 374 of the Penal Code. The Government report also refers to section 27A of the Ward or Village Tract Law of 2012 according to which an offence related to forced labour is a crime punishable by imprisonment and fines.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that the 1959 Defence Services Act (amended in 1974) and War Office Council Directive 13/73 of 1974 prohibit persons under the age of 18 from joining the armed forces. According to the Burma Territorial Force Act (section 9) and the Burma Auxiliary Force Act (section 7), every enrolled person who has attained the age of 18 years shall be liable to perform military service.

The Committee notes that the Committee on the Application of Standards, in its discussion on Myanmar in a special sitting during the 101st Session of the Conference in June 2012 concerning the application by Myanmar of the Forced Labour Convention, 1930 (No. 29), observed that many important steps had been taken by the Government towards complying with the 1998 recommendations of the Commission of Inquiry. In this regard it noted, in particular, the orders issued by the Commander-in-Chief of the Defence Services during March–April 2012 advising all military personnel that strict and stern military disciplinary actions shall be taken against perpetrators of military under-age recruitment, and making the new law prohibiting forced labour applicable to the military with perpetrators being prosecuted under section 374 of the Penal Code. The Committee also notes the Government’s indication, in its report of August 2015 submitted under Convention No. 29, that a total of 319 officers and officials of other ranks from the military have been punished in relation to under-age recruitment and forced labour cases.

The Committee notes, however, that according to the Report of the Secretary-General on Children and Armed Conflict to the United Nations Security Council of 5 June 2015 (A/69/926 S/2015/409) (Report of the Secretary-General on children and armed conflict), a total of 357 cases of child recruitment and use by armed forces (Tatmadaw) were reported, including through the forced labour complaint mechanism of the ILO. At least 27 of the children as young as 14 years old were newly recruited in 2014. Children were reported to have been deployed to the front line as combatants and in support roles. In addition to children being recruited into the formal ranks of Tatmadaw, several incidences of the informal association of children were recorded, including as porters and scouts. This report further indicates that children were also recruited by armed groups, including through abductions. Moreover, the Report of the Secretary-General on children and armed conflict states that several positive steps have been taken by the Government, including the joint action plan signed with the United Nations in June 2012 to end and prevent the recruitment and use of children by armed forces, the endorsement of a workplan for full implementation of this action plan, and the granting of monitoring access of the United Nations to the armed forces. However, according to the Report of the Special Rapporteur on the situation of human rights in Myanmar of 23 March 2015, there are still reports of ongoing recruitment of children into the armed forces due to a quota-based recruitment system that reportedly continues in the military. The Committee requests the Government to strengthen its efforts to put a stop, in practice, to the recruitment of children under 18 years by the armed forces and armed groups. It also requests the Government to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of any person, including members in the armed forces, who forcibly recruit children under 18 years of age for use in armed conflict, are carried out and that sufficiently effective and dissuasive penalties are imposed. The Committee requests the Government to provide information on the measures taken and results achieved in this respect.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee notes that according to sections 372 and 373 of the Penal Code, whoever sells, buys, hires or lets to hire, or otherwise disposes or obtains possession of any person under the age of 18 years with intent that such persons shall be employed or used for the purpose of prostitution or for any unlawful or immoral purposes shall be punished with imprisonment for up to ten years and to a fine. Section 366A of the Penal Code further states that any person who induces any minor girls under the age of 18 years to go to any place or do any act with intent that she will be forced or seduced to illicit intercourse with another person shall be punished with imprisonment for not more than ten years and to a fine.

The Committee further notes that according to the explanation provided under section 3(a) and (b) of the Anti-Trafficking Law, prostitution means any act, use, consummation or scheme involving the use of a person by another for sexual intercourse or lascivious conduct in exchange for money, benefit or any other consideration.

With regard to child pornography, the Committee notes that section 66(f) of the Child Law provides that using a child (defined as a person under 16 years of age (section 2)) in pornographic cinema, video or television photography is an offence punishable with imprisonment for a term not exceeding two years or a fine. The Committee draws the Government’s attention to Article 3(b), read with Article 2, of the Convention which requires, among other things, the prohibition of using, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. It also notes that according to section 27 of the Anti-Trafficking Law, any person who is guilty of making use or arranging a victim of trafficking for the purpose of pornography shall be punished with imprisonment for a period of five to ten years and to a fine. The Committee, therefore, requests the Government to take the necessary measures to ensure that the prohibition on the use of children for pornographic activities covers all children under 18 years of age, so as to be in conformity with the provision of the Convention. The Committee also requests the Government to provide information on the practical application of sections 372 and 373 of the Penal Code, section 66(f) of the Child Law and of section 27 of the Anti-Trafficking Law, including statistics on the number of offences concerning children under 18 years of age reported, investigations held, prosecutions and penal sanctions applied.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that section 22(c) of the Narcotic Drugs and Psychotropic Substances Law of 1993 makes it an offence to use children under the age of 16 years in acts related to the production, distribution, transportation, importation and exportation of a narcotic drug or psychotropic substance. It also notes that section 66(c) of the Child Law provides for penalties for employing a child under 16 years of age for begging. The Committee draws the Government’s attention to Article 3(c), read with Article 2 of the Convention, which requires the prohibition of using, procuring or offering a child under 18 years of age for illicit activities, including for the production and trafficking of drugs and begging. The Committee, therefore, requests the Government to take the necessary measures to ensure that the prohibition on the use of children for illicit activities, such as the production and trafficking of drugs or for begging covers all children under 18 years of age, so as to be in conformity with the provisions of this Convention.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee notes that Rule No. 90 of the Mines Law, 1994, prohibits the employment of children under the age of 18 years in any mine. It also notes that according to section 65(a) of the Child Law, employing or permitting a child to perform work which is hazardous or harmful to the child’s health and morals is prohibited. However, the Committee notes that this prohibition only applies to children under 16 years of age (section 2(a)).

The Committee further notes the Government’s indication that section 75 of the draft Law amending the 1951 Factories Act prohibits the employment of children in work which can harm their safety, health or morals. According to section 2(a) and (b) of this draft Law, a “child” means a person who has completed his/her 14th year but has not completed his/her 16th year. Moreover, the Committee notes the Government’s information that the draft Shops and Establishment Law, which will be adopted soon, contains a provision prohibiting the employment of children under 18 years of age in hazardous work or work places. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to adopt the draft Shops and Establishment Law which contains a prohibition on the employment of children under 18 years of age in hazardous work. It requests the Government to develop and ensure the adoption of a list determining the types of hazardous work prohibited for persons under 18 years of age, in consultation with the organization of employers and workers concerned.

Article 5. Monitoring mechanisms. 1. Combating trafficking in children. The Committee notes that the Government, in its report of August 2015 to the Human Rights Council Working Group on the Universal Periodic Review (Government’s report to the Human Rights Council), indicates that pursuant to section 5 of the Anti-Trafficking in Persons Law, a Central Body for Suppression of Trafficking in Persons (CBTIP) was established with three working groups functioning under it, namely: (i) the working group on prevention of trafficking in persons and protection of trafficking victims; (ii) the working group on legal framework and prosecution measures; and (iii) the working group on repatriation, reintegration and rehabilitation of victims of trafficking (A/HRC/WG.6/23/MMR/1, paragraph 92). The Committee also notes from the Final Report Phase III of the United Nations Inter-Agency Project on Human Trafficking of July 2014 (UNIAP report) that an Anti-Trafficking in Persons Division was created in 2013 under the CBTIP. In addition, with the support from UNIAP, a Border Cooperation on Anti-Trafficking in Persons mechanism with Thailand and Border Liaison Offices with China have been established to support coordination in cases of cross-border trafficking. The Committee requests the Government to provide information on the activities undertaken by the three working groups on trafficking in persons and the Anti-Trafficking in Persons Division, under the CBTIP, to combat the trafficking of children under 18 years of age, as well as information on the number of cases of trafficking of children that have been identified and dealt with by them. It also requests the Government to provide information on the impact in combating the cross-border trafficking of children following the establishment of the Border Cooperation on Anti-Trafficking in Persons mechanism with Thailand and the Border Liaison Offices with China.

2. Labour inspectorate. The Committee notes from the Government’s report, that the Factories and General Labour Laws Inspection Department (FGLLID) as well as the inspectors appointed under the Myanmar Mines Law are responsible for conducting nationwide inspection services including the monitoring of child labour. The Government also indicates that regular inspections are carried out by the labour inspectors, during which any complaints or reports on the use of child labour will be verified. The Committee notes the Government’s information that the Ministry of Livestock, Fisheries and Rural Development issued a Ministerial Notification 4/2015 (355) and (356) on 15 January 2015, to employers and region and state fisheries departments to comply with the provisions of Convention No. 182.

However, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 2012, expressed concern at: the persistence of the economic exploitation of children, including low wages; working the same hours as adults and being engaged in dangerous and hazardous forms of work; and the lack of enforcement of the labour laws as well as the absence of systematic labour inspections (CRC/C/MMR/CO/3-4, paragraph 85). The Committee requests the Government to take the necessary measures to improve the functioning of the labour inspection system, including by strengthening the capacity of the labour inspectorate so as to ensure the effective monitoring of the provisions giving effect to the Convention. It also requests the Government to provide information on the impact of the Ministerial Notification 4/2015 in eliminating the worst forms of child labour in the fisheries sector.

Article 6. Programmes of action. 1. Trafficking. The Committee notes that according to the UNIAP report, the second five-year National Plan of Action (NPA) to Combat Human Trafficking 2012–16 was adopted by the Government. The Committee requests the Government to provide information on the concrete measures taken within the framework of the second five-year NPA to combat the trafficking of children and the results achieved.

2. Action plan to stop the recruitment and use of children in armed conflict. The Committee notes that the Government of Myanmar and the United Nations signed in June 2012 an action plan to end and prevent the recruitment and use of children by the armed forces of Myanmar. The Government’s report indicates that following this joint action plan, 36 monitoring visits to various state and regional military headquarters were conducted; 645 children who were involved in armed conflict were handed over to their parents during 2012–15; nation-wide awareness-raising campaigns on the issue of child recruitment were carried out; and actions were taken against military officers and other rank officials who carried out under-age recruitment. However, the Report of the Special Representative of the Secretary General for Children and Armed Conflict of 20 July 2015 states that, despite the progress, children continue to be found in the Tatmadaw’s ranks and are sometimes deployed at the front line (A/70/162, paragraph 30). The Committee requests the Government to strengthen its efforts to effectively implement the joint action plan in order to prevent the recruitment of children under 18 years by the armed forces. It requests the Government to continue providing information on the measures taken in this regard and on the results achieved. It further requests the Government to provide information on actions taken against armed groups to stop the recruitment and use of children under 18 years of age in armed conflict.

3. Myanmar Programme on the Elimination of Child Labour 2014–17 (My PEC). The Committee notes that the Government, in collaboration with the ILO, adopted the Myanmar Programme on the Elimination of Child Labour 2014–17 (My-PEC) with the aim of developing a comprehensive, inclusive and efficient multi-stakeholder response to reduce child labour in Myanmar. According to the information contained in the Government’s report within the frame work of My-PEC, a Technical Working Group on Child Labour (TWG–CL) to assist in the eradication of child labour was set up. In this regard, national level activities to raise public awareness and training activities on child labour and occupational safety and health were conducted for workers’ and employers’ organizations, labour inspectors and civil society organizations. In 2014, 34,767 employers and workers received such training and from January to June 2015, 16,525 employers and workers received training. The Committee requests the Government to continue to provide information on the activities carried out within the framework of My-PEC for the elimination of child labour and its worst forms, as well as on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that according to the information from UNICEF, efforts are being made by the Government to strengthen the education sector in Myanmar. Compared to 2012, public spending in education in 2014 has increased by 49 per cent. The Committee also notes from the Government’s report to the Human Rights Council that since 2011–12, the Government has been implementing the Free and Universal Primary Education Programme by providing free text books, exercise books, stationery and school uniforms to primary and secondary students. In addition, a scholarship programme for students in need was introduced within which a total of 16,022 students received scholarships during the 2014–15 academic years. It also notes that the Government, in collaboration with civil society organizations, has set up mobile schools for rural children and for migrant children. During 2013–14 academic years, 12 mobile schools were introduced for 416 students (A/HRC/WG.6/23/MMR/1, paragraphs 43–49).

Moreover, according to the information contained in the UNESCO Country Programming Document of 2013–15, the Government introduced the National Strategic Plan for the Advancement of Women 2012–21 which aims to improve the realization of the rights of women and girls and reduce persistent gender gaps. The draft gender situation analysis which is currently being developed shows that gender parity in primary school enrolment has been achieved. The UNESCO report, however, states that the inclusion of children from poor households, rural communities and ethno-linguistic groups poses a particular challenge and that there is still a disparity in access to, and the duration of, quality education opportunities for children and different population groups. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee encourages the Government to strengthen its efforts to improve access to free basic education for all children, including children from poor households, rural communities and ethno-linguistic groups. It requests the Government to provide information on the measures taken in this regard. The Committee also requests the Government to provide up-to-date statistics on the school enrolment, attendance and completion rates as well as drop-out rates at primary and secondary levels.

Clause (b). Provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Children in armed conflict. The Committee notes the Government’s indication that a total of 645 children who were recruited by Tatmadaw were released from 2012 to 2015. According to the information contained in the report of the Secretary-General on children and armed conflict, a total of 389 boys who were released from Tatmadaw received reintegration assistance from the United Nations in collaboration with the Department of Social Welfare. This report further indicates that detention of children as “deserters” remained a matter of concern. Of the 53 documented cases of children who escaped from Tatmadaw, 13 were arrested on charges of desertion, and more such cases were reported towards the end of 2014. In this regard, the Committee must emphasize that children under the age of 18 years associated with armed groups should be treated as victims rather than offenders (see the 2012 General Survey on the fundamental Conventions, paragraph 502). The Committee, therefore, requests the Government to take the necessary measures to ensure that children removed from armed forces and armed groups are treated as victims rather than offenders or deserters. It also requests the Government to take effective and time-bound measures to remove children from armed forces and armed groups and ensure their rehabilitation and social integration. It asks the Government to provide information on the measures taken in this regard and on the number of children removed from armed forces and armed groups and reintegrated.

Application of the Convention in practice. The Government report indicates that it is currently undergoing a revision of the existing labour laws, including the Factories Act, the Shops and Establishments Act as well as promulgating an Occupational Safety and Health Bill. The Government report also indicates that relevant surveys on child labour will be conducted by the FGLLID, in collaboration with the ILO. The Committee requests the Government to take the necessary measures to ensure the availability of up-to-date statistical information on the worst forms of child labour in the country, including information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information should be disaggregated by sex and age. The Committee finally requests the Government to provide information on any progress made with regard to the revision of the existing labour legislation.