CEACR: Observations Concerning ILO Convention No. 29, Forced Labour (1930) - Myanmar (English
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ILO Committee of Experts on the Applications of Standards and Recommendations: most years from 1991.
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International Labour Office
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2003-06-03
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ILO reports on forced labour in Burma, CEACR: Observations Concerning ILO Convention No. 29, Forced Labour (1930) - Myanmar (English
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From 1991...If the latest one is not in the main URL, try the Alternate URL.
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International Labour Office
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2004-06-21
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CEACR: Observations Concerning ILO Convention No. 29, Forced Labour (1930) - Myanmar (English
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The Committee?s concluding remarks: "As regards the amendment of the legislation, the Committee notes with satisfaction the adoption by Parliament of the Ward or Village Tract Administration Law, of 24 February 2012 (as amended on 28 March 2012), which has repealed the Village Act and the Towns Act of 1907 (section 37) and makes the use of forced labour by any person a criminal offence punishable with imprisonment and fines (section 27A).
However, the Committee notes that no action has been taken or contemplated to amend section 359 of the Constitution (Chapter VIII – Citizenship, Fundamental Rights and Duties of Citizens), which exempts from a prohibition of forced labour ?duties assigned by the Union in accordance with the law in the interest of the public?. In its earlier comments, the Committee observed that the exception encompasses permissible forms of forced labour that exceed the scope of the specifically defined exceptions in Article 2(2) of the Convention and could be interpreted in such a way as to allow a generalized exaction of forced labour from the population. The Committee notes the Government?s statement in its reports that the 2008 Constitution has been approved by the people of Myanmar and that no request to amend it has yet been received by Parliament. However, the Committee expresses the firm hope that, following the legislative amendment referred to above, the necessary measures will at last be taken with a view to amending section 359 of Chapter VIII of the Constitution, in order to bring it into conformity with the Convention.
The Committee welcomes the positive developments in the application of the Convention by the Government referred to above and, in particular, the amendment of the legislation, the adoption of the Action Plan for the elimination of all forms of forced labour in Myanmar by 2015, and various measures undertaken by the Government, in collaboration with the ILO, aimed at the eradication of forced labour for men, women and children in practice. The Committee fully endorses the conclusions concerning Myanmar made by the Conference Committee and the Governing Body and encourages the Government to pursue with vigour its ongoing efforts towards the elimination of forced labour in all its forms, both in law and in practice, by fully implementing the recommendations of the Commission of Inquiry. It requests the Government to provide, in its next report, full information on the measures taken to that effect and, in particular, on the urgent measures taken to ensure that, in practice, forced labour is no longer imposed by the authorities, in particular by the military, as well as on the measures taken to ensure the strict application of the new legislation, so that penalties for the exaction of forced labour under this legislation and the Penal Code are strictly enforced against perpetrators. The Committee also asks the Government to continue to provide information on various practical measures aimed at the eradication of all forms of forced labour, such as the expansion of awareness-raising activities; improvements in dealing with under-age recruitment by the military, including the release of children and imposition of disciplinary and penal sanctions on military personnel; cooperation in the functioning of the SU complaints mechanism; and measures taken to budget adequate means for the replacement of forced or unpaid labour. The Committee reiterates the firm hope that all the necessary measures will be taken without delay to achieve full compliance with the Convention, so as to ensure that all use of forced or compulsory labour in Myanmar is completely eliminated."
Source/publisher:
International Labour Office
Date of publication:
2013-03-00
Date of entry/update:
2013-04-03
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CEACR: Observations Concerning ILO Convention No. 29, Forced Labour (1930) - Myanmar (English
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Concluding remarks:
"The Committee fully endorses the conclusions concerning Myanmar made by the Conference Committee and the Governing Body, as well as the general evaluation of the forced labour situation by the ILO Liaison Officer. The Committee welcomes the positive developments, such as submission to Parliament of the draft legislation repealing the Towns Act and the Village Act of 1907; the expanded awareness-raising activities; the improvements in dealing with under-age recruitment by the military, including release of children and imposition of disciplinary and penal sanctions on military personnel; cooperation in the functioning of the SU complaints mechanism and its further extension for another year. However, the Committee observes that, in spite of the efforts made towards the implementation of the recommendations of the Commission of Inquiry, the Government has not yet fully implemented these recommendations. Besides the steps taken towards the amendment of the legislation, the Government still has to ensure that, in actual practice, forced labour is no longer imposed by the authorities, in particular by the military; and it still has to ensure that penalties for the exaction of forced labour under the Penal Code are strictly enforced against civil and military authorities. While noting the positive developments referred to above, the Committee urges the Government to redouble its efforts towards the full implementation of the recommendations of the Commission of Inquiry, by implementing the concrete practical requests addressed by the Committee to the Government. It expresses the firm hope that all the necessary measures will be taken without delay to achieve full compliance with the Convention, both in law and in practice, so as to ensure that all use of forced or compulsory labour in Myanmar is completely eliminated."
Source/publisher:
International Labour Office
Date of publication:
2012-03-00
Date of entry/update:
2012-03-05
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Individual Documents
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CEACR: Observations Concerning ILO Convention No. 29, Forced Labour (1930) - Myanmar (English, Laws, decrees, bills and regulations relating to labour (commentary)
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Concluding remarks:
"The Committee fully endorses the conclusions concerning Myanmar made by the Conference
Committee and the Governing Body, as well as the general evaluation of the forced labour situation by
the ILO Liaison Officer. The Committee observes that, in spite of the efforts made, particularly in the
field of awareness raising, cooperation in the functioning of the SU complaints mechanism and in the
release of under-age recruits from the military, the Government has not yet implemented the
recommendations of the Commission of Inquiry: it has failed to amend or repeal the Towns Act and the
Village Act; it has failed to ensure that, in actual practice, forced labour is no longer imposed by the
authorities, in particular by the military; and it has failed to ensure that penalties for the exaction of
forced labour under the Penal Code have been strictly enforced against civil and military authorities.
The Committee continues to believe that the only way that genuine and lasting progress in the
elimination of forced labour can be made is for the Myanmar authorities to demonstrate unambiguously
their commitment to achieving that goal. The Committee urges the Government once again to
demonstrate its commitment to rectify the violations of the Convention identified by the Commission
of Inquiry, by implementing the concrete practical requests addressed by the Committee to the
Government, and that all the long-overdue steps will be taken to achieve compliance with the
Convention, both in law and in practice, so that the most serious and long-standing problem of
forced labour will be finally resolved."
Source/publisher:
International Labour Office
Date of publication:
2011-03-00
Date of entry/update:
2011-03-18
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Individual Documents
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CEACR: Observations Concerning ILO Convention No. 29, Forced Labour (1930) - Myanmar (English
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Concluding comments:
22. "In summary, the Committee observes that the Government has yet to implement the
recommendations of the Commission of Inquiry; to wit: it has failed to amend or repeal the Towns Act
and the Village Act; it has taken no concrete actions shown to have brought about in any significant and
lasting way an end to the exaction of forced labour in practice; and it has failed to ensure that penalties
for the exaction of forced labour under the Penal Code or other relevant provisions of law have been
strictly enforced against civil and military authorities and personnel who are responsible for it. While
the Office of the ILO Liaison Officer, by virtue of the broad mandate set forth under the Understanding
of 19 March 2002, and the procedures and mechanisms provided for under the SU, has been accorded a
critical role in assisting the Government in its efforts to bring about the elimination of forced labour,
the robust and fully fledged cooperation of the Government that is vital to the fulfilment of that role,
including the cooperation needed in extending the requisite facilities and support and in engendering
full respect for, and trust in, these special organs by the society at large, leaves much room for
improvement. The Committee once again urges the Government to give credence to its expressed
commitment to eliminate the use of forced labour in Myanmar and take the long overdue steps that
are required to implement the recommendations of the Commission of Inquiry and achieve
compliance with the Convention in law and in practice."
Source/publisher:
International Labour Office
Date of publication:
2009-12-00
Date of entry/update:
2010-03-09
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Individual Documents
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CEACR: Observations Concerning ILO Convention No. 29, Forced Labour (1930) - Myanmar (English
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". In its earlier comments, the Committee discussed in detail the history of this extremely serious case, which has involved the Government?s long-standing, persistent non-observance of the Convention, as well as the failure by the Government to implement the recommendations of the Commission of Inquiry, appointed by the Governing Body in March 1997 under article 26 of the Constitution. The continued failure by the Government to comply with these recommendations and the observations of the Committee of Experts, as well as other matters arising from the discussion in the other bodies of the ILO, led to the unprecedented exercise of article 33 of the Constitution by the Governing Body at its 277th Session in March 2000, followed by the adoption of a resolution by the Conference at its June 2000 session...Concluding remarks:
22. The Committee fully endorses the conclusions concerning Myanmar of the Governing Body and the general evaluation of the forced labour situation by the Liaison Officer. In the light of these conclusions and evaluation, the Committee continues to believe that the only way that genuine and lasting progress in the elimination of forced labour can be made is for the Myanmar authorities to demonstrate unambiguously their commitment to achieving that goal. This requires, beyond the agreement of the SU, that the authorities redouble their efforts to establish the necessary conditions for the successful functioning of the complaint mechanism, and that they take without further delay the long-overdue steps to repeal the relevant provisions of domestic legislation and adopt the appropriate legislative and regulatory framework to give effect to the recommendations of the Commission of Inquiry. The Committee trusts that the Government will demonstrate its commitment to rectify the violations of the Convention identified by the Commission of Inquiry, by implementing the very explicit practical requests addressed by the Committee to the Government, and that all the required steps will be taken to achieve compliance with the Convention, both in law and in practice, so that the most serious and long-standing problem of forced labour will be finally resolved..."
Source/publisher:
International Labour Office
Date of publication:
2008-12-00
Date of entry/update:
2009-03-08
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Individual Documents
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CEACR: Observations Concerning ILO Convention No. 29, Forced Labour (1930) - Myanmar (English
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English
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Conclusion"
"28. The Committee considers that there are obvious constraints and limits on the contribution that the complaint mechanism can make to the eradication of forced labour. This is due to structural limitations on the mechanism and is magnified by the uncertainties of the present situation in the country. The mechanism can certainly provide welcome relief to individual victims by offering an objective and safe channel for complaints to be raised and addressed, and beyond this it can send a powerful signal to potential perpetrators that they are not free to act with impunity. However, the mechanism is not obviously well-suited to dealing with some of the more extreme and widespread violations in remote areas, of the kind referred to in the documentation submitted by the ITUC.
29. More fundamentally, the complaint mechanism, whilst valuable, does not address the root causes of the forced labour problem that were identified by the Commission of Inquiry and by the High-level Team (see GB.282/4). Namely, it does not address the basic governance relationships prevailing in the country, the role of the army and its self-reliance policy, and the absence of freedom of association and, more generally, freedom of assembly, which recent events have served to graphically illustrate. The prevailing situation in Myanmar, ten years after the establishment of the Commission of Inquiry, seems to provide sad support to the perception that addressing these root causes remains indispensable.
30. In the light of this, the Committee believes that the only way that genuine and lasting progress in the elimination of forced labour can be made is for the Myanmar authorities to demonstrate unambiguously their commitment to achieving that goal. This requires, beyond the agreement of the Supplementary Understanding, that the authorities establish the necessary conditions for the successful functioning of the complaint mechanism, and that they take the long overdue steps to repeal the relevant provisions of domestic legislation and adopt the appropriate legislative and regulatory framework to give effect to the recommendations of the Commission of Inquiry. The Committee remains hopeful that, having agreed the Supplementary Understanding, the Government will finally take the required steps to achieve compliance with the Convention in law and in practice and resolve one of the most serious and long-standing cases that this Committee has ever had to address."
Source/publisher:
International Labour Office
Date of publication:
2008-03-00
Date of entry/update:
2008-05-30
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Individual Documents
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CEACR: Observations Concerning ILO Convention No. 29, Forced Labour (1930) - Myanmar (English
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"1. The Committee, as it noted in its previous observation, has been commenting on this extremely serious case since its first observation more than 30 years ago. The grave situation in Myanmar has also been the subject of overwhelming criticism and condemnation in the Conference Committee on the Application of Standards of the International Labour Conference on ten occasions between 1992 and 2006, in the International Labour Conference at its 88th Session in June 2000 and again at its 95th Session in 2006, and in the Governing Body, by governments and social partners alike. The history is set out in detail in the previous observations of this Committee in more recent years, particularly since 1999.2. The major focus of the criticisms by each of the ILO bodies relates to the outcome of a Commission of Inquiry appointed by the Governing Body in March 1997 following a complaint submitted in June 1996 under article 26 of the Constitution. The Commission of Inquiry concluded that the Convention was violated in national law and in practice in a widespread and systematic manner, and it made the following recommendations:
(1) that the relevant legislative texts, in particular the Village Act and the Towns Act, be brought into line with the Convention;
(2) that in actual practice, no more forced or compulsory labour be imposed by the authorities, in particular the military; and
(3) that the penalties which may be imposed under section 374 of the Penal Code for the exaction of forced or compulsory labour be strictly enforced.
The Commission of Inquiry emphasized that, besides amending the legislation, concrete action needed to be taken immediately to bring an end to the exaction of forced labour in practice, in particular by the military..."
Source/publisher:
International Labour Office
Date of publication:
2007-03-00
Date of entry/update:
2007-03-14
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Individual Documents
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CEACR: Observations Concerning ILO Convention No. 29, Forced Labour (1930) - Myanmar (English
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"... IV. Final remarks
28. Apart from the communication dated 31 August 2005 from the ICFTU, to which the Committee has previously referred, the Committee notes the general evaluation by the Liaison Officer a.i. of the forced labour situation, on the basis of all the information available to him, which ?continues to be ... that although there have been some improvements since the Commission of Inquiry, the practice remains widespread throughout the country, and is particularly serious in border areas where there is a large presence of the army? (February 2005 report of the Liaison Officer a.i., document GB.292/7/2, paragraph 8).
29. The Committee also notes the conclusions concerning Myanmar, adopted by the Governing Body at its 294th Session in November 2005. In its conclusions, the Governing Body indicated that there was a general feeling of grave concern about the degradation of the situation, and that members of the Governing Body were particularly concerned and critical about the recent threats which had been made against the Liaison Officer a.i. as well as the former Acting Liaison Officer and Informal Facilitator, and which resulted in paralysing his capacity to discharge his responsibilities. A number of Members were of the view that the only way which was left to the ILO, in light of the further very disturbing developments which had taken place, was to enable the Conference itself to revisit the measures adopted in the 2000 ILC resolution under article 33 of the Constitution, by placing a specific item for that purpose on the 2006 agenda in order to review and, as appropriate, to strengthen them. However, taking into account the willingness expressed by the representative of the Government to cooperate and the fact that any step relating to action by the Conference would in any case need to be reconfirmed at its next session, the Governing Body, among other things, requested the Government at various levels, including the senior leadership, to take advantage of the time available prior to March 2006 to resume an effective dialogue with the International Labour Office.
30. The Committee fully concurs with the view expressed by the Governing Body and trusts that the implementation of the very explicit practical requests made by this Committee to the Government, will demonstrate the true commitment of the Government to resolve this long running problem of forced labour to which there is a solution..."
Source/publisher:
International L:abour Office
Date of publication:
2006-03-00
Date of entry/update:
2006-04-29
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Individual Documents
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CEACR: Observations Concerning ILO Convention No. 29, Forced Labour (1930) - Myanmar (English
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"...The Committee notes once again with grave concern, that the recommendations of the Commission of Inquiry have still not been implemented: the provisions of the Towns Act, 1907, and the Village Act, 1908, allowing requisition of labour in violation of the Convention, have not been repealed; forced labour continues to be exacted in many areas of the country, in circumstances of severe cruelty and brutality; and no person responsible for the exaction of forced labour has been prosecuted or convicted under the relevant provisions of the Penal Code. The Committee expresses its strongest condemnation and urges the Government to demonstrate its expressed determination to eliminate forced labour and to take the necessary measures to ensure compliance with the Convention."
Source/publisher:
International Labour Office
Date of publication:
2005-03-00
Date of entry/update:
2005-05-11
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Individual Documents
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CEACR: Observations Concerning ILO Convention No. 29, Forced Labour (1930) - Myanmar (English
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Forced Labour Convention, 1930 (No. 29)...
Myanmar (ratification: 1955)
Observation, CEACR 2003/74th Session..."In summary, on the basis of the information at its disposal on actual practice, the Committee must conclude that while there may have been some decrease in forced labour since the report of the Commission of Inquiry in 1998, in particular for civil infrastructure work, forced labour continues to be exacted in many parts of the country. The situation is particularly serious in the border areas which are mostly inhabited by ethnic nationalities and where there is a heavy presence of the army. This clearly shows that in spite of the commitment to the elimination of forced labour expressed repeatedly by the Government the measures taken until now have not been sufficient to bring about rapid and significant progress, in particular as concerns the army... In view of the slowness of the progress, it could be hoped that the process of dialogue and cooperation which has developed between the ILO and the Government can offer a real chance of bringing about more rapid and concrete results. The Committee considers that the Joint Plan of Action agreed in May 2003 offers an opportunity for the Government, with the technical assistance of the ILO and the financial support of the international community, to move from procedural steps to substantive progress and to dispel the doubts that the current reality may cast about the seriousness of its commitment. The Committee can only express the hope that the Government will do its utmost to ensure the continuation of this process of dialogue and cooperation and will take all the necessary steps in the very near future to make it possible for the Joint Plan of Action to be implemented..."
Source/publisher:
International Labour Office
Date of publication:
2004-03-00
Date of entry/update:
2004-03-15
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Individual Documents
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CEACR: Observations Concerning ILO Convention No. 29, Forced Labour (1930) - Myanmar (English
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Source/publisher:
International Labour Office
Date of publication:
1991-00-00
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2003-06-03
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CEACR: Observations Concerning ILO Convention No. 29, Forced Labour (1930) - Myanmar (English
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English
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Source/publisher:
International Labour Office
Date of publication:
1992-00-00
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2003-06-03
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CEACR: Observations Concerning ILO Convention No. 29, Forced Labour (1930) - Myanmar (English
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Source/publisher:
International Labour Office
Date of publication:
1993-00-00
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2003-06-03
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CEACR: Observations Concerning ILO Convention No. 29, Forced Labour (1930) - Myanmar (English
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English
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Source/publisher:
International Labour Office
Date of publication:
1995-02-00
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2003-06-03
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CEACR: Observations Concerning ILO Convention No. 29, Forced Labour (1930) - Myanmar (English
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Source/publisher:
International Labour Office
Date of publication:
1996-00-00
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2003-06-03
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CEACR: Observations Concerning ILO Convention No. 29, Forced Labour (1930) - Myanmar (English
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English
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Source/publisher:
International Labour Office
Date of publication:
1997-00-00
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2003-06-03
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CEACR: Observations Concerning ILO Convention No. 29, Forced Labour (1930) - Myanmar (English
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Source/publisher:
International Labour Office
Date of publication:
1999-00-00
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2003-06-03
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CEACR: Observations Concerning ILO Convention No. 29, Forced Labour (1930) - Myanmar (English
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English
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Source/publisher:
International Labour Office
Date of publication:
2000-00-00
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2003-06-03
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CEACR: Observations Concerning ILO Convention No. 29, Forced Labour (1930) - Myanmar (English
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English
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Source/publisher:
International Labour Office
Date of publication:
2001-00-00
Date of entry/update:
2003-06-03
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CEACR: Observations Concerning ILO Convention No. 29, Forced Labour (1930) - Myanmar (English
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"...In short, the Committee notes that none of the three recommendations formulated
by the Commission of Inquiry and accepted by the Government have so far been met.
Despite longstanding promises, as well as the Government?s assured good will, the
Village Act and Towns Act have not yet been amended. While Order No. 1/99, as
supplemented, has been widely publicized and may for the time being have affected
certain civil infrastructure projects, by itself the order has not stopped the exaction of
forced labour, in particular by the military. There is no indication that the necessary
specific and concrete instructions and budgetary provisions have been adopted or even
prepared with a view to effectively replacing forced labour by offering decent wages and
employment conditions to freely attract any workers needed. Finally, there is no
indication that any person responsible for the exaction of forced labour and often
concomitant crimes was sentenced or even prosecuted under section 374 of the Penal
Code or any other provision, in conformity with Article 25 of the Convention..."
Source/publisher:
International Labour Office (CEACR 2001/72nd Session)
Date of publication:
2002-03-00
Date of entry/update:
2003-06-03
Grouping:
Individual Documents
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CEACR: Observations Concerning ILO Convention No. 29, Forced Labour (1930) - Myanmar (English
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CEACR 2002/73rd Session:
1. The Committee has noted the Government?s responses on the application of the Convention, including: reports received on 9 September 2002 and on 17 October 2002, communications dated 15 November 2002 and 18 November 2002, a report entitled "Developments concerning Convention No. 29" dated 18 November 2002, a report transmitted on 27 November 2002, and a supplementary progress report dated 27 November 2002. In examining compliance with the recommendations of the Commission of Inquiry established to examine the observance by Myanmar of the Forced Labour Convention, 1930 (No. 29), the Committee has furthermore taken note of the following information...The Committee indicates that in spite of the indications and rhetoric of the Government, none of the three recommendations formulated by the Commission of Inquiry and accepted by the Government have so far been met. Despite longstanding promises, as well as the Government?s assured good will, the Village Act and Towns Act have not yet been amended. While Order No. 1/99, as supplemented, has been widely publicized, by itself the Order has not stopped the exaction of forced labour, in particular by the military. There is no indication that the necessary specific and concrete instructions and budgetary provisions have been adopted or even prepared with a view to effectively replacing forced labour by offering decent wages and employment conditions to freely attract any workers needed. Finally, there is no indication that any person responsible for the exaction of forced labour and often concomitant crimes was sentenced or even prosecuted under section 374 of the Penal Code or any other provision, in conformity with Article 25 of the Convention."
Source/publisher:
International Labour Office
Date of publication:
2003-03-00
Date of entry/update:
2003-06-03
Grouping:
Individual Documents
Category:
CEACR: Observations Concerning ILO Convention No. 29, Forced Labour (1930) - Myanmar (English
Language:
English
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