Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Myanmar (Ratification: 2013)

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.