Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Unemployment Convention, 1919 (No. 2) - Myanmar (Ratification: 1921)

The Committee notes the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th session (June 2020). The Committee therefore examines the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Articles 1 and 2 of the Convention. Measures to combat unemployment. Public employment agencies. In its 2014 comments, the Committee requested the Government to provide information on the impact of measures taken to combat unemployment in the country, including bilateral labour agreements with neighbouring countries. The Committee also invited the Government to indicate the steps taken to coordinate the operation of public and private employment services at the national scale (Article 2(2)). The Committee notes the Government’s indication that, to lower the national unemployment rate and increase GDP, the Ministry of Labour, Immigration and Population is systematically sending Myanmar workers to Thailand, Singapore, Malaysia, the Republic of Korea, and Japan through 293 registered overseas employment agencies, including one government overseas employment agency, in accordance with the 1999 Law Relating to Overseas Employment. The Ministry of Labour, Immigration and Population seeks to reutilize the workers’ skills, techniques and experiences acquired abroad. The Government adds that the Ministry is implementing the Five-Year National Plan of Action for the Management of International Labour Migration (2018 22). The Plan’s objectives include the empowerment and protection of Myanmar migrant workers, enhancement of the benefits of labour migration and improvement of labour migration governance and administration. The Committee notes that, from 1990 to July 2020, a total of 1,318,012 Myanmar workers were deployed abroad: 314,502 workers to Malaysia, 15,045 workers to Singapore, 915,980 workers to Thailand, 21,166 workers to Japan, and 46,604 workers to the Republic of Korea. The Government has signed Memoranda of Understanding with Thailand, the Republic of Korea and Japan and has appointed Labour Attachés in Thailand, Malaysia and the Republic of Korea to protect the rights of Myanmar migrant workers. The Committee further notes that in 2016, the Myanmar Overseas Employment Agencies Federation (MOEAF) developed a Code of Conduct, in collaboration with the ILO, establishing a Code Compliance and Monitoring Committee (CCMC) to monitor and review compliance with the Code. With respect to the public employment services, the Government indicates that, from April 2019 to July 2020, 1,771,944 jobseekers were registered with their respective Township Labour Exchange Offices around the country (these are public employment offices providing free services to job seekers and employers). A total of 373,654 job offers were notified by employers and 374,292 jobseekers obtained employment through the labour exchange offices. For jobseekers who live in areas where Labour Exchange Offices (LEOs) are not available, mobile teams from the LEOs visit these areas, register jobseekers, receive job offers from employers and organise job fairs throughout the country to enhance employment opportunities. The Committee notes that 23,499 job placements were made by these mobile teams. With respect to private employment agencies, the Government indicates that the Department of Labour is responsible for issuing licenses to private employment companies who provide free employment services to jobseekers. There are 102 licensed local employment agencies in Myanmar, which have placed 21,480 jobseekers in employment. In addition, the Department of Labour conducts job fairs across the country to promote access to employment opportunities. The Committee requests the Government to communicate detailed, updated information on the nature and impact of measures taken to combat unemployment, particularly with respect to measures targeting persons belonging to disadvantaged groups, such as young persons, older workers, persons with disabilities and women. It further requests the Government to provide information with respect to skills, techniques and experiences contributed by returning Myanmar migrant workers. The Committee once again recalls its 2010 General Survey concerning the employment instruments and invites the Government to contemplate the possibility of ratifying more recent instruments regarding the issues covered by this Convention, namely the Employment Service Convention, 1948 (No. 88), the Employment Policy Convention, 1964 (No. 122), and the Private Employment Agencies Convention, 1997 (No. 181). The Government is requested to keep the Office informed of any developments in this regard.

COVID-19. In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. In this regard, the Committee wishes to draw the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidelines for developing and implementing effective, consensus-based and inclusive responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on the impact of the global COVID-19 pandemic on the implementation of the measures taken or contemplated to combat unemployment.