Observation (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 29) sur le travail forcé, 1930 - Myanmar (Ratification: 1955)

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 2 September 2025 and the reply 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, at its 113th Session (June 2025), the International Labour Conference (ILC), having taken note of the additional information provided by the military authorities which did not indicate any sign of meaningful acknowledgement of the recommendations formulated by the Commission of Inquiry or demonstrate any action taken for their implementation, adopted a Resolution concerning the measures recommended by the Governing Body under article 33 of the ILO Constitution on the subject of Myanmar (ILC Resolution under article 33 of the ILO Constitution). The Committee observes that the Resolution urges the Myanmar military authorities to engage without further delay in good faith implementation of the recommendations of the Commission of Inquiry and subsequent recommendations of the supervisory bodies of the ILO, with a view to securing a climate promoting freedom of association and the elimination of all forms of forced labour. The Committee also notes that the ILC decided to hold at its future sessions a special sitting of the Committee on the Application of Standards for the purpose of discussing the application of Conventions Nos 87 and 29 by Myanmar and the implementation of the recommendations of the Commission of Inquiry.

The Committee further observes that, at its 355th Session (November 2025), the Governing Body discussed the follow-up to the ILC Resolution under article 33 of the ILO Constitution and the recommendations of the Commission of Inquiry (report of the Governing Body, GB.355/INS/11(Rev.1)), and noted with utmost concern the continued absence of any concrete action towards the implementation of the recommendations of the Commission of Inquiry. The Governing Body further noted that, despite its calls and those of the International Labour Conference, there has been no tangible progress towards restoring democratic order and civilian rule in Myanmar or towards respecting the will of the people. The Committee notes that the ITUC also expresses alarm at the climate of repression, fear and violence under the military rule and states its deep concern about the lack of protection and respect for civil liberties and fundamental human and labour rights in Myanmar, a situation exacerbated notably by the March 2025 earthquake, block to humanitarian aid and indiscriminate and civilian-targeted military attacks.

The Committee notes with deep concern the above information which again 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. Prohibition of forced labour. 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 of up to one year or a fine, cannot be considered really adequate considering the seriousness of the crime in question.

The Committee notes the indication of the military authorities, in their report, that military personnel who commit forced labour practices are prosecuted under section 374 of the Penal Code and section 65 of the Defence Services Act of 1959. Under the latter, any person subject to the Act who is guilty of any act or omission which is prejudicial to good order and military discipline shall be liable to imprisonment for a term that may extend to seven years. The Committee notes, however, that section 65 of the Defence Services Act neither specifically prohibits nor criminalizes the offence of forced labour. It again points out that sections 374 of the Penal Code and 27A of the Ward or Village Tract Administration Law, which do prohibit the exaction of forced labour – impose penalties that are not commensurate with the gravity of the offence.

The Committee therefore reiterates the importance of bringing the above provisions into conformity with the Convention in order to ensure that: (i) the Constitution does not permit the exaction of forced or compulsory labour; and (ii) any person who engages in the exaction of forced or compulsory labour is subject to penalties that are really adequate and commensurate with the gravity of the offence.

Forced labour under mandatory conscription. Following its previous comments, the Committee takes note of the military authorities’ statement that Myanmar enforced the People’s Military Service Law, 2010, in 2024, in accordance with international standards. The military authorities indicate that the procedures for military enlistment are officially and openly disseminated in newspapers and on social media platforms and the public can make inquiries or file complaints regarding conscription, and conscripts receive the same benefits stipulated by the military, including salary, allowances, military equipment, rations and leave.

The Committee recalls, however, that in accordance with the law, while the duration of service is up to 24 months (extendable to 36 months for experts and professionals), it may last up to five years during a state of emergency (section 3(4)). The Committee recalls that, under Article 2(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, and that 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 Committee once again expresses concern over the extension of the duration of the service to five years in emergency situations, which goes beyond the objective and scope of the exception.

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.

2. Systematic and widespread forced recruitment and use of the population by the Myanmar military to perform a range of different types of work or service. Following its previous comments, the Committee notes the information contained in communications submitted by the military authorities on progress made by Myanmar following the report of the Commission of Inquiry, according to which the Ministry of Defence is actively engaged in educating its military personnel on legal matters and matters related to forced labour to ensure compliance with the law. In addition, the military authorities indicate that action is taken in accordance with the military and civilian judicial procedures against military personnel who are found to have committed offences or have been accused of offences related to forced labour, and that citizens can freely and securely report any forced labour incidents to the National Complaints Mechanism (NCM), which has been settling such complaints. They indicate that: (i) out of 387 cases transferred to the NCM by the ILO Liaison Office in October 2020, 2 were closed, 152 contained complete and verifiable information, the remaining 233 cases lacked sufficient information, and additional information was requested from the Liaison Office in March 2025; (ii) out of the 152 cases containing complete information, 32 cases were resolved and closed in 2025 and 120 remain to be resolved. As of July 2025, a total of 383 military personnel face disciplinary action under military law for their involvement in cases reported by the ILO.

The Committee notes, however, that the report of the Governing Body refers to information from the Confederation of Trade Unions Myanmar (CTUM), which refers to large-scale recruitment into the military, and from the Agriculture and Food Farmer Federation of Myanmar – Food Allied Workers (AFFM-FAW) regarding widespread practices of forced conscription and extortion of money to avoid conscription. The report of the Governing Body also refers to information from the Independent Investigative Mechanism for Myanmar (IIMM), according to which, following the military’s February 2024 announcement to enforce the conscription law, it collected information on Rohingya men being forcefully conscripted into military service, with indications that it may amount to forced labour, as well as on forcible recruitment and training of civilians and the use of landmines around training facilities to prevent them from escaping. The report of the Governing Body also refers to a communication from the United Nations High Commissioner for Human Rights (OHCHR) of September 2025, recalling the gravely deteriorating human rights situation in Myanmar characterized by widespread and systematic military violence and noting with particular concern that military conscription was carried out without any checks and balances and leading to potentially thousands of cases of forced recruitment. The report of the Governing Body indicates that, 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 abuses. These include practices of forced conscription, forced portering and other military duties, conscription of children, forced cropping, military threats and extortion of money to avoid conscription or secure release, along with direct abduction of individuals, intimidation and coercion.

The Committee further notes that the most recent evidence collected by UN bodies continues to support reports of forced recruitment practices. The August 2025 report of the OHCHR on the Situation of human rights of Rohingya Muslims and other minorities in Myanmar (A/HRC/60/20), the September 2025 update of the OHCHR on the Situation of human rights of Rohingya Muslims and other minorities in Myanmar, and the October 2025 Report of the Special Rapporteur on the situation of human rights in Myanmar (A/80/490), all contain information on the widespread forced recruitment of thousands of Rohingya men and boys, in combat and supporting roles, such as portering, with reports of the military entering villages, rounding up men and arbitrarily arresting them. Moreover, Rohingya armed groups – notably the Arakan Rohingya Salvation Army (ARSA) and the Rohingya Solidarity Organization (RSO) – have also forcibly recruited Rohingya men and boys in the refugee camps in Bangladesh and deployed them to fight in Rakhine State. Youth have been abducted and forced across the border without recourse and some groups have handed over or “sold” recruits directly to junta forces. Moreover, widespread use of forced labour of Rohingya by the Arakan Army for multiple purposes – which include cleaning, sentry duties, clearing jungles and constructing roads – is a major concern in northern Rakhine.

The Committee deeply deplores the persistent and systematic imposition of forced labour and forced recruitment across Myanmar by the armed forces and multiple armed groups. It expresses its deep concern that, despite repeated international findings and the severity of the ongoing violations, these practices continue against the civilian population, including against Rohingya men and boys, who are being compelled to perform a wide range of work and services under threat, coercion or force. The Committee emphasizes that the forced recruitment of civilians by the military and other armed actors constitutes a serious and ongoing breach of Myanmar’s obligations under the Convention. The Committee therefore strongly urges the military authorities to take immediate, concrete and verifiable measures to put an end to all forms of forced labour and forced recruitment, both by the armed forces and armed groups, to ensure the protection of the victims of these practices, and to hold accountable all those responsible for these violations.

3. Forced labour of prisoners. The Committee recalls that, in its 2023 report, the Commission of Inquiry noted that, following the coup d’état in February 2021, the military authorities have decreed new criminal offences which are very broadly formulated and that, under martial law orders issued by the military authorities, anyone found guilty of one of the crimes listed in the orders can be punished with a “prison sentence with hard labour for unlimited years”. The Commission of Inquiry reported that large numbers of persons who have expressed views or opinions criticizing the military takeover and rule have been sentenced to imprisonment with hard labour, including by military courts, and that it has received evidence attesting to the systematic absence of due process in these criminal proceedings. The Committee further recalls that it has previously expressed 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.

The Committee notes the military authorities’ information that prison authorities are supervised to ensure that they comply with the law. Working hours in prisons do not exceed eight hours per day and prisoners are given full rest periods.

The Committee notes, from the information contained in the report of the Governing Body, that the CTUM reports intensified repression of the population since the adoption of the ILC Resolution under article 33 of the ILO Constitution, including suspension of any protection from arbitrary arrest. The CTUM adds that human and labour activists who advocate for the implementation of the article 33 Resolution are subject to arrest, enforced disappearances and trial without due process of law. The Governing Body report also refers to the ITUC’s concern at the adoption of new laws that create new offences to deter civilians from exercising their civil liberties with extremely harsh imprisonment terms and compulsory prison labour. The report of the Governing Body refers to the assertions of the military authorities that prison labour is carried out in accordance with prison laws and procedures, is assigned fairly, does not exceed 8 hours per day, respects rest periods, and is monitored by both the International Committee of the Red Cross (ICRC) and the Myanmar National Human Rights Commission (MNHRC). According to the report of the Governing Body, however, no concrete information was provided by the military authorities regarding the Commission of Inquiry’s recommendation 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 expresses its regret at the lack of concrete information in the report of the military authorities in this regard. The Committee once again 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 as a consequence of a conviction in a court of law and in accordance with 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 therefore once again strongly urges the military authorities to take all the necessary steps to fully and effectively implement the recommendations made by the Commission of Inquiry to cease with immediate effect the exaction of prison labour as a consequence of a criminal conviction imposed since 1 February 2021 in proceedings lacking independence, impartiality and guarantees of due process. It requests the military authorities to provide concrete information on the measures taken in this regard.

4. Trafficking in persons. Following its previous comments, the Committee notes the military authorities’ information concerning the Action Plan on the Prevention and Suppression of Forced Criminality – including trafficking in persons and forced labour linked to online scams – which forms part of the preventive measures under the 2025 Annual Work Plan of the Fourth Five-Year National Plan of Action on Combating Trafficking in Persons. The military authorities indicate that the Action Plan will be implemented over a one-year period, from April 2025 to March 2026, as a pilot project, with the possibility of extension if required. The measures envisaged under the Action Plan include: (1) prevention through public education; (2) capacity-building for law enforcement bodies; (3) enhanced coordination among all relevant stakeholders including foreign authorities, ministries and police forces; (4) field inspections; and (5) the rescue, care and repatriation of victims. In this regard, the military authorities report that, between 5 October 2023 and 16 May 2025, a total of 65,709 foreign nationals identified as irregular migrants involved in online scams were repatriated to their respective countries. They further explain that, given the transnational nature of these criminal activities and the fact that many victims reach remote areas of Myanmar through illegal border crossings, Myanmar has been cooperating with China and Thailand through the Myanmar–China–Thailand Trilateral Cooperation framework to suppress online scams and online gambling networks.

The military authorities further indicate that between January 2023 and April 2025, ten cases of human trafficking linked to online scams were identified, of which eight have been prosecuted and two remain under review. Of the eight prosecuted cases, five have been fully concluded: two individuals received life sentences, one was sentenced to less than 25 years’ imprisonment, and three received sentences of under 15 years. Moreover, legal action was taken against 29 perpetrators (19 men and 10 women) under the Prevention and Suppression of Trafficking in Persons Law of 2022. In total, 39 victims (30 men and 9 women) were rescued and reintegrated with their families.

The Committee notes, from the August 2025 report of the UN High Commissioner for Human Rights on the Situation of human rights of Rohingya Muslims and other minorities in Myanmar, that there are serious concerns about the increase in reports of trafficking in persons in relation to scam centres. Such centres are reportedly enabled by entrenched impunity, rampant corruption and a weakened rule of law since the military’s seizure of power (A/HRC/60/20). In addition, the Committee takes note of the Joint Statement of May 2025 by the Special Rapporteur on contemporary forms of slavery, Special Rapporteur on trafficking in persons, and Special Rapporteur on Cambodia on immediate human rights-based action to tackle forced criminality in Southeast Asia scam centres, who expressed alarm over large-scale trafficking in persons for purposes of forced labour and forced criminality in scam compounds across Southeast Asia, including in Myanmar, where hundreds of thousands of people of various nationalities are trapped and forced to carry out online fraud or assist criminal operations. The victims are deceived and fraudulently recruited, including through social media platforms. Organized criminal groups are reportedly operating within the context of widespread corruption and impunity, where they benefit from collusion with government officials, politicians, local law enforcement, and influential business figures. The UN experts have raised alarm over the ongoing humanitarian crisis at the Myanmar-Thailand border, where thousands of released victims remain trapped in inhumane conditions. Moreover, they indicate that the situation is deeply entrenched, as scam operations typically relocate in response to law enforcement pressure rather than shutting down. Although efforts to combat this complex form of trafficking and exploitation are ongoing, the experts noted that measures taken by States to identify, protect and assist victims and hold perpetrators at all levels accountable, remained inadequate, and that protection against reprisals is limited.

While noting the measures reported by the military authorities, in particular the prosecutions initiated, the Committee notes that trafficking for forced criminality in scam compounds remains widespread. The Committee strongly urges the military authorities to continue to take the necessary measures to ensure that cases of trafficking for labour exploitation, particularly those linked to online scam centres, are promptly identified, independently investigated and effectively prosecuted in accordance with the Prevention and Suppression of Trafficking in Persons Law of 2022. It requests the military authorities to continue to provide detailed information on progress made in this regard, including updated data on cases detected, investigations conducted, prosecutions and convictions secured, penalties imposed, and the concrete measures taken to guarantee the protection, assistance and safe reintegration of all victims.

The Committee once again 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.

[ The Government is asked to reply in full to the present comments in 2026. ]