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

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

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.