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Observación (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Myanmar (Ratificación : 2013)

Otros comentarios sobre C182

Observación
  1. 2025
  2. 2023
  3. 2018
Solicitud directa
  1. 2025
  2. 2023
  3. 2018
  4. 2015

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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’ indication, in their report, that there is currently no recruitment of child soldiers into the Tatmadaw, although it has been found that children have been recruited and used by armed groups. The Committee also notes, from the report adopted by the Governing Body at its 355th Session in November 2025, in follow-up to the resolution concerning the measures recommended by the Governing Body under article 33 of the ILO Constitution on the subject of Myanmar, adopted by the International Labour Conference at its 113th Session (2025) (Governing Body report, GB.355/INS/11), that the military authorities submitted communications on progress made by Myanmar following the report of the Commission of Inquiry established 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 these communications, the military authorities indicate that they continue to collaborate with the UN Country Task Force on Monitoring and Reporting (UN-CTFMR) to prevent underage recruitment and use of children, including through systematic checks and thorough age verification before recruitment, verification of civil documents and bone examination to determine the age of individuals. The military authorities indicate that between June 2022 and June 2025, such systematic screenings of new recruits revealed 444 individuals suspected of being under the age of 18, who were not accepted by the armed forces and sent back to their respective homes. They further indicate that, since 2012, a total of 475 miliary personnel, including 109 officers and 366 soldiers, who mistakenly recruited individuals under the age of 18 have been disciplined under military law. The military authorities do not specify how many were disciplined since the military coup in 2021.
The Committee notes that the Governing Body report refers to information sent by the National Unity Government (NUG), which points to widespread violations of civil liberties and labour rights, including conscription of children between 13 and 16 years of age. The Confederation of Trade Unions Myanmar (CTUM) further reports large-scale recruitment into the military and indicates that it verified at least 1,800 cases involving children as young as 12 years old, many of whom are used as porters, guides and sent to the frontline. In a communication from October 2025, the Independent Investigative Mechanism for Myanmar (IIMM) reports also having collected evidence suggesting the use of civilians as human shields by the military and conscription of children, including those below the age of 15, by both the military and armed groups. According to the Governing Body report, contrary to the affirmations of the military authorities (which refute practices of forced labour and assert that any individual instances are dealt with in line with the legal procedures), information received by the Office from trade unions, international organizations and other entities points to widespread practices of forced conscription, including conscription of children.
The Committee also takes note of the Report of the UN Secretary-General on Children and Armed Conflict in Myanmar of 12 March 2025 (S/2025/81), according to which the country task force verified the recruitment and use of 2,195 children (2,097 boys, 92 girls, 6 sex unknown) between the ages of 12 and 17, between 2020 and 2023. In addition, 51 boys who had been recruited before the reporting period continued to be associated with the Myanmar armed forces. Cases are likely significantly underreported due to monitoring challenges and the fear of retaliation, as well as owing to recruitment and use not being perceived as a grave violation at the community level, especially for children from 15 to 17 years of age. Violations were largely attributed to the Myanmar armed forces, including related forces and affiliated militias (1,919) (consisting of the Myanmar armed forces (1,860), border guard forces (35) and militias (24)), as well as to many other groups. Methods of recruitment employed by the Myanmar armed forces included the abduction of children, economic incentives, pressure on families and the recruitment of displaced children. Abducted children were often forced to undertake military training. The UN-CTFMR verified the abduction of 519 children (292 boys, 109 girls, 118 sex unknown), between the ages of 2 and 17, with the Myanmar armed forces being responsible for over 70 per cent of cases. Periods of abduction lasted from one day to a few months, and children were abducted mainly for recruitment and use, including for information-gathering, use as guides or human shields, or to extort money. Similarly, the methods of recruitment of the armed groups and ethnic armed organizations included forced recruitment and abduction of children while travelling or working. In both Kachin and Shan States, children were also often recruited directly from their homes, especially in areas where armed groups had issued conscription quotas. Such recruitment included forcing children to take the place of an adult who, at the time of the recruitment, was not present. Many children who were sent to military training by armed groups, were also used to cook, clean, fetch water and collect firewood.
The Committee deeply deplores the continued 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. It once again 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 put a stop, in practice, to the forced recruitment of children under 18 years of age by armed forces and armed groups in Myanmar, and to use all available means to ensure their full and immediate demobilization. The Committee once again 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. 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. Following its previous comments, the Committee takes note of the military authorities’ information regarding the promulgation of the new Prevention and Suppression of Trafficking in Persons Law of 2022. The military authorities indicate that any new cases of trafficking in persons that occurred after the promulgation of the new law have been prosecuted pursuant to it. According to the information contained in their report, there were 25 cases of trafficking in persons in 2022, among which five cases of child trafficking. Two cases were prosecuted under the Anti-Trafficking in Persons Law of 2005, and the remaining cases under the Prevention and Suppression of Trafficking in Persons Law of 2022, and the sentences imposed against the perpetrators were imprisonment ranging for 10 years to life. Between 2023 and April 2025, 46 cases of child trafficking were identified, among which 39 were prosecuted under the Prevention and Suppression of Trafficking in Persons Law, 2022. Sentences have been imposed against 49 perpetrators ranging from 10 years to life imprisonment.
The Committee notes that, according to an ILO study of Mon, Kayin, Kayah and Shan States on trends in child labour in Myanmar 2021-24, increased vulnerability among children and families after the military takeover may have increased the risk of children engaged in the worst forms of child labour, including trafficking. In particular, the report reveals that recruitment agents from criminal syndicates in communities and camps for internally displaced persons were seen targeting vulnerable children, luring them with false promises into working for them, and that children and young people from Myanmar are trafficked into the gambling and scamming industry in the Myanmar–China border areas. The Committee therefore requests the military authorities to intensify their efforts to combat child trafficking and protect the children who are most at risk. It urges the Government to ensure that in-depth investigations and prosecutions are conducted against the perpetrators and requests the military authorities to provide more detailed information on the number and nature of investigations, prosecutions, convictions and penalties imposed.
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. Further to its previous comments, the Committee notes the information provided by the military authorities, in their report under the Minimum Age Convention, 1973 (No. 138), indicating that the Ministry of Education is implementing measures to guarantee free basic education for all children and to strengthen the education system. The military authorities provide statistics showing that net enrolment rates for the 2023–24 school year stand at 85.89 per cent in primary education, 36.60 per cent in middle school, and 22.38 per cent in high school. Completion rates for the same period stand at 57.20 per cent in primary education, 38.91 per cent in middle school and 36.70 per cent in high school. The Committee therefore observes that a significant proportion of children fail to complete their education, particularly at the secondary level.
In this regard, the Committee notes, from the ILO study of Mon, Kayin, Kayah and Shan States on trends in child labour in Myanmar 2021-24, that participants across the states studied indicate that the military takeover has had a profound impact on children’s education, that more children drop out and fewer children enrol in education. The findings clearly indicate that the impact on school attendance and enrolment is greater in the areas controlled by the military authorities than areas controlled by ethnic armed groups, where respondents report a relatively more stable security situation. Respondents identify the deteriorating security situation in many parts of the states studied as a major driver of drop-out rates and non-enrolment. Repeated and extended school closures also impact parents’ and children’s perception of the value of education. As a result of closures, many families do not see the value of education and, therefore, there is an increasing preference for children to work rather than to attend school.
The Committee must therefore express its deep concern that, amid the multiple crises affecting the country, a significant number of children continue to be deprived of free, basic education. The Committee urges the military authorities to strengthen their measures to improve the functioning of the education system and to address the factors driving school drop-out and non-enrolment at the primary and lower-secondary levels, particularly in areas most affected by insecurity. It requests the military authorities 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). Providing 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 military authorities’ indication that the Department of Rehabilitation of the Ministry of Social Welfare Relief and Resettlement has been implementing the reintegration and rehabilitation programme for children discharged from the Tatmadaw. They indicate that, between January 2021 and April 2025, 64 individuals were provided with rehabilitation assistance, but do not provide information as to the age of these individuals. In this regard, the Committee notes, from the report of the UN Secretary-General on children and armed conflict in Myanmar of 12 March 2025 (S/2025/81), that the Myanmar armed forces have released a number of children who are now receiving long-term reintegration support. Some armed groups have also released children, such as the Kachin Independence Army, with the collaboration of the country task force, who received reintegration support. In addition, the United Nations and implementing partners have provided long-term reintegration services to 224 children (208 boys and 16 girls) to support family reunification and reconciliation.
The Committee notes, however, that since the military takeover and as at the end of December 2023, 256 children had been detained by the Myanmar armed forces and the Myanmar Police Force for their alleged association with the armed groups and ethnic armed organizations. That total represents a 1,175 per cent increase in the number of children detained compared with the previous report. The length of detention was between 10 days and several weeks. At least 80 of those children were subjected to torture or other cruel, inhuman and degrading treatment. At the end of the reporting period, at least 123 children remained detained in juvenile training schools and 53 were in different police stations, all awaiting trial. The Committee therefore strongly urges the military authorities to take the necessary measures to ensure that children removed from armed groups are treated as victims rather than offenders. It also urges the military authorities to strengthen their measures to ensure that children who have been withdrawn from armed groups are rehabilitated and socially integrated. It requests the military authorities to continue to provide information on measures taken in this regard and the results achieved, in terms of the number of children removed from the armed forces and from armed groups, and provided with assistance for their rehabilitation and social integration.
Article 7(2)(d). Identifying and reaching out to children at special risk. Internally displaced and stateless children (Rohingya). Following its previous comments, the Committee notes, from the ILO study of Mon, Kayin, Kayah and Shan States on trends in child labour in Myanmar 2021-24, that fierce fighting has led to a sharp increase in the number of internally displaced persons (IDPs) in Myanmar. Their number rose from over 1.9 million IDPs in November 2023 to over 3 million as of May 2024, with over one third being children. This study’s findings confirm that changes in child labour patterns correlate with a significant increase in the number of IDPs in Myanmar, and increased migration to neighbouring countries. Moreover, the Committee notes, from the August 2025 report of the United Nations High Commissioner for Human Rights on the situation of human rights of Rohingya Muslims and other minorities in Myanmar (A/HRC/60/20), that reports were received implicating all parties active in the Rakhine conflict in the conscription, forced recruitment and use of Rohingya, including children, in combat and supporting roles, such as portering, but there was no comprehensive data to assess its full extent or impact.
The Committee expresses its concern at the significant number of internally displaced and stateless Rohingya children, who are engaged in, or are at heightened risk of entering, the worst forms of child labour. TheCommittee therefore requests the military authorities to take immediate and effective measures to prevent the exploitation of these children and protect them from the worst forms of child labour. It requests the military authorities to provide information on the measures taken in this regard and the results achieved.
The Committee is raising other matters in a request addressed directly to the Government.
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