Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Forced Labour Convention, 1930 (No. 29) - Myanmar (Ratification: 1955)

The Committee takes note of the observations of the Union of Myanmar Federation of Chambers of Commerce and Industry (UMFCCI) and the Myanmar Seafarers Federation (MSF), sent with the report of the military authorities.

Follow-up to the recommendations of the Commission of Inquiry (complaint made under article 26 of the Constitution of the ILO)

The Committee recalls that it previously urged the military authorities to take steps to fully and effectively implement the recommendations made by the Commission of Inquiry, established by the Governing Body to examine the non-observance of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Forced Labour Convention, 1930 (No. 29), in its August 2023 report. The Committee notes that the Governing Body discussed the follow-up to the recommendations of the Commission of Inquiry at its 350th, 351st and 352nd Sessions (March, June and November 2024). At its 352nd Session, the Governing Body noted with utmost concern the absence of any concrete action towards the implementation of the recommendations of the Commission of Inquiry and expressed once again its profound concern over the conclusions set out in the Commission’s report concerning the exaction of forced labour by the military authorities and called for immediate action to be taken to put an end, in law and in practice, to any forced recruitment into the military contrary to the Forced Labour Convention, 1930 (No. 29), including the forced recruitment of children. The Governing Body also decided to place on the agenda of the 113th Session (2025) of the International Labour Conference an item concerning measures under article 33 of the Constitution to secure compliance by Myanmar with the recommendations of the Commission of Inquiry and requested the Director-General to submit to the Governing Body at its 353rd Session (March 2025) a draft resolution concerning the measures to be taken under article 33 of the ILO Constitution in light of its discussion.

The Committee notes with deep concern the above information which shows a complete lack of progress in implementing the 2023 recommendations of the Commission of Inquiry and a total denial by the military authorities of the gravity of the situation as regards the continued and widespread exaction of forced labour from the population in Myanmar.

Articles 1(1), 2(1) and 25 of the Convention. Elimination of all forms of forced labour. 1. Legal framework. The Committee has previously pointed to non-compliance of national legislation with the Convention on the following issues:

• Article 359 of the Constitution, allowing for the exaction of forced labour in the context of “duties assigned thereupon by the Union in accord with the law in the interests of the people”.
• Section 374 of the Penal Code and section 27A of the Ward or Village Tract Administration Law, establishing penalties for the exaction of forced or compulsory labour. The Committee recalls that these penalties, i.e. imprisonment up to one year or a fine, cannot be considered really adequate considering the seriousness of the crime in question.

The Committee therefore reiterates the importance of bringing the above provisions into conformity with the Convention, once the democratic institutions are restored, in order to ensure that the Constitution does not allow for the exaction of forced or compulsory labour and that the penalties for the exaction of forced or compulsory labour are really adequate and commensurate with the seriousness of the crime.

2. Systematic and widespread use of the population by the Myanmar military to perform a range of different types of work or service. In their report, the military authorities contend that the information included in the Committee’s previous comments relied on false news and unsubstantiated allegations with documents from social media which have not been thoroughly verified and were based on the information from opposing organizations and terrorist groups, not reflecting the actual situation in Myanmar. They also state that Tatmadaw personnel who have committed a crime, including forced labour, were identified through investigations by higher officials and complaints from the victims and their family members and that necessary investigations were conducted and actions taken based on the findings of these inspections.

The Committee notes, however, the information in the report on the follow-up to the report of the Commission of Inquiry, submitted to the 352nd Session of the Governing Body (follow-up report) according to which the Confederation of Trade Unions of Myanmar (CTUM) reported that the practice of forced labour, particularly sentry duty, the use of child labour and the use of human shields in conflict zones, remains ongoing in Myanmar. The follow-up report also refers to sources from the United Nations (UN) indicating that they have received recent reports of an escalation of forced labour practices involving Rohingya internally displaced persons, including coercion by an infantry battalion of individuals to provide labour for road construction and the taking of approximately 100 Rohingya per day to work, without wages or support, on a road leading through areas previously vacated by local residents under military order.

The Committee further notes that the most recent evidence collected by UN bodies continues to support reports of forced recruitment practices. In his October 2024 report, the Special Rapporteur on the situation of human rights in Myanmar, refers to the stoking of tensions between ethnic Rakhine and Rohingya communities by the junta, notably through the conscription of thousands of young Rohingya men and their deployment to the frontlines (A/79/550). Moreover, the Special Rapporteur indicates that, like the junta, the Arakan Army has been accused of forcibly recruiting Rohingya men and deploying them in combat against junta forces, while other Rohingya militant groups, having aligned with junta forces, have forcibly recruited Rohingya men and boys in refugee camps in Bangladesh for deployment to the conflict in Rakhine State.

The Committee deeply deplores the continued imposition of forced labour practices in Myanmar, in particular the continued use of persons, including Rohingya internally displaced persons, to perform work and services, as well as continued forced recruitment practices, by both the military and other armed groups. The Committee strongly urges the military authorities to take all necessary measures to immediately put an end to all of these forced labour practices, in particular the forced recruitment of persons by armed forces and armed groups in Myanmar.

3. Forced labour of prisoners. The Committee notes the military authorities’ statement, that the prison department does not force prisoners who have been sentenced to simple imprisonment to work, while those sentenced to rigorous imprisonment (section 53 of the Penal Code), work under conditions determined by the rules and procedures of the Prison Law. However, as noted in the follow-up report, while the military authorities claim that prison labour is monitored by the Myanmar National Human Rights Commission, no concrete information was provided regarding the recommendation of the Commission of Inquiry to cease the exaction of prison labour as a consequence of a criminal conviction imposed since 1 February 2021 through proceedings manifestly lacking independence, impartiality and due process guarantees.

The Committee observes that UN bodies also report unlawful imprisonment of perceived opponents of the military regime through arbitrary detention and manifestly unfair trials. Most recently the United Nations Office of the High Commissioner for Human Rights (OHCHR) on the situation of human rights in Myanmar, in its report of September 2024 (A/HRC/57/56) reveals that, within the reporting period, at least 1,648 individuals were convicted for opposing military power in Myanmar, where the lack of fair trial guarantees and the absence of independence and impartiality of the judiciary remained a serious concern (paragraph 24). Examples include the lack of instances of acquittals or successful appeals, frequent hearing postponements, defence counsel facing severe restrictions, chaotic proceedings and even, in some cases, the arrest, ill-treatment or torture of defence lawyers. The OHCHR received reports of political prisoners being subjected to forced or involuntary labour in prisons.

The Committee recalls that in order not to be considered as forced labour under the meaning of the Convention, compulsory prison labour can only be required from persons who have been found guilty of an offence and as a result of a due process of law. This implies respect for guarantees such as the presumption of innocence, equality before the law, regularity and impartiality of proceedings, independence and impartiality of courts, guarantees necessary for defence and a clear definition of the offence.

The Committee expresses its deep concern regarding the large number of persons convicted following legal procedures that manifestly lacked independence, impartiality, and due process of law, including those who oppose military power in Myanmar, and from whom compulsory labour is exacted in prison. In this regard, the Committee also refers to its comments under the Freedom of Association and Protection of the Right to Organize Convention, 1948 No. 87, regarding arrests, detention, threats and other restrictions on civil liberties. The Committee therefore once again strongly urges the military authorities to take all the necessary measures to immediately put an end to all forms of forced or compulsory labour identified above which constitute a grave violation of the Convention and to take all the necessary steps to fully and effectively implement the recommendations made by the Commission of Inquiry.

4. Forced labour imposed under mandatory conscription. The Committee takes note of the information contained in the follow-up report regarding the activation by the State Administration Council (SAC) of the People’s Military Service Law, 2010, in February 2024. The Law requires every citizen to undergo military training and serve in the armed forces. The Committee observes that the duration of military service will be between 24 and 36 months for men aged 18 to 35 and women aged 18 to 27 and that it can be extended up to five years in emergency situations. The Committee notes in this regard that on 31 July 2024, the state of emergency declared by the military authorities was extended until 31 January 2025. The Committee notes that the military authorities have not submitted the final version of the conscription rules, as a standard operating procedure (SOP) for the recruitment process.

In this respect, the Committee recalls that, under Article 2(a) of the Convention, compulsory labour required as a part of mandatory military service is excluded from the definition of forced labour only if it is confined to work of a purely military character. This limitation on the scope of work that may be imposed on conscripts is intended to prevent their deployment for general public works. Furthermore, the conditions and duration of military service must be strictly confined to what is necessary to address the specific exigencies of preparing citizens for national defence of the country. The extension of the duration of the service to five years in emergency situations goes beyond the objective and scope of the exception.

In line with the above, the Committee strongly urges the military authorities to take the necessary measures to ensure that, both in law and practice, any work imposed on conscripts under compulsory military service is limited to military training or work of a purely military character and that the duration and conditions of such work respond specifically to the exigencies of the situation.

5. Trafficking in persons. The Committee takes note of the information provided by the military authorities regarding the measures taken to combat trafficking in persons, in particular, the Prevention and Suppression of Trafficking in Persons Law of 2022, the objectives of which include the comprehensive and effective prevention and suppression of trafficking in persons through identification and prosecution, and the rescue, repatriation, protection and rehabilitation of victims. The military authorities provide information regarding the various prevention and awareness-raising measures taken in application of this Law and the number of prosecutions and convictions in trafficking cases. For example, in 2023, nine cases of trafficking in persons were investigated, involving 18 victims, and resulting in the arrest and prosecution of 33 defendants and 11 convictions with sentences of imprisonment ranging from five to ten years.

The Committee further takes note of recent reports arising since early 2021 regarding online scam operations and their link to human trafficking in Southeast Asia, including Myanmar, and occurring in the context of wide-ranging digital criminal activity such as romance-investment scams, crypto fraud, money laundering and illegal gambling. According to a 2023 OHCHR report entitled “Online scam operations and trafficking into forced criminality in Southeast Asia: Recommendations for a Human Rights Response”, organized crime actors have operated in Myanmar for years but the situation, especially related to trafficking into these scam operations, is reported to have worsened since the military coup in February 2021. According to the report, at least 120,000 people across Myanmar may be held in situations where they are forced to carry out online scams, with online scam centres operating in locations around the Thai border. The report further indicates that, for a variety of reasons, traffickers are easily able to fraudulently recruit people into criminal operations under the pretence of offering them real jobs. Many of those who have been able to leave a scam operation report that they were fraudulently recruited, deceived into believing that they were moving to legitimate jobs, and many are deprived of their liberty in compounds in which they are confined. Moreover, traffickers hold an ever-increasing debt over the migrants, who are told they have to pay before they can be freed, placing them in a situation of debt bondage.

The Committee expresses its concern over the situation of thousands of migrant workers who are lured to online scam centres under false pretences and find themselves trapped in conditions of forced labour, including debt bondage. The Committee urges the military authorities to take the necessary measures to ensure that cases of trafficking for labour exploitation, particularly in online scam centres, are effectively detected and investigated, and strengthen mechanisms to enable the initiation of effective prosecutions of suspected perpetrators, pursuant to the Prevention and Suppression of Trafficking in Persons Law of 2022. It requests the military authorities to provide information on any developments in this regard, including statistical data on cases identified, prosecutions, convictions and penalties applied, as well on the measures taken to provide victims with protection and assistance.

The Committee deeply deplores the significant escalation of the conflict in Myanmar and the far-reaching humanitarian crisis in the country since the 2021 military takeover which has severely impacted livelihoods, employment opportunities and labour migration and, as a result, placed workers, migrants and displaced persons in a situation of increased vulnerability to forced labour, including trafficking. Considering the military authorities’ continued denial of the severity of the situation and the absence of democratic institutions as highlighted by the Commission of Inquiry, the Committee is deeply concerned by the plight of victims of forced labour who have no access to legitimate complaint and redress mechanisms that would allow them to be recognized as victims and assert their rights without fear of retaliation.

Given the urgency and the gravity of the situation, the Committee strongly urges the military authorities to take into account the Committee’s requests detailed above and to implement without delay the recommendations of the Commission of Inquiry calling for the cessation or reversal of any measures or actions that violate the Convention, and to provide information on all the steps taken in this regard.