Observation (CEACR) - adopted 2012, published 102nd ILC session (2013) Forced Labour Convention, 1930 (No. 29) - C029 - Forced Labour Convention, 1930 (No. 29) Myanmar (Ratification: 1955)

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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of the Ward or Village Tract Administration Law, of 24 February 2012 (as amended on 28 March 2012), which has repealed the Village Act and the Towns Act of 1907 (section 37) and makes the use of forced labour by any person a criminal offence punishable with imprisonment and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: 

2013-04-03

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  • Individual Documents

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Language: 

English

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