4December2014ILOLiaisonOfficeinMyanmar
ILOs Programme of Work in Myanmar
Background
9 October 2012 first tripartite consultation Decent work as a tool for poverty alleviation and economic development
Discussion paper prepared by MOLES was endorsed by all parties present
DiscussionPaper
Fundamental priorities: elimination of forced labour and effective implementation of freedom of association
Important areas: basic education, vocational training and skills development, employment policy, legislative and regulatory framework, SME, agricultural and industrial development and need for accurate data from which to work
PrinciplesofILOsProgrammeofWorkinMyanmar
Rights-based foundation In support of the priorities of the Government,
Workers and Employers Integrated and Coherent programme comprised of
a number (14 so far) of projects Projects complement and reinforce each other to
achieve concrete results Overall Goal: Support for Decent Work in
Myanmar
KeyObjectives/Priorities
1. Promotion of fundamental principles and rights at work with focus on:
elimination of the systemic use of forced labour, sustained and deepened progress on Freedom of
Association and improved policies and frameworks for reduction of child
labour, particularly its worst forms
KeyObjectives/Priorities
2. Contribution to enhanced employment opportunities and social protection through:
strengthened labour market legislations and information systems,
skills development system, entrepreneurship development and extending social protection
3. Strengthening the capacity of representative employers' and workers' organisations and labour market institutions to influence economic, social and governance policies and outcomes
ByPiyamalPichaiwongse,
DeputyLiaisonOfficer
Forced LabourElimination
ForcedLabourEliminationOperations Since 2007 ILO Government Working group partnered in the Operation
of the Complaints Mechanism Total 3755 Complaints, 1260 underaged recruits Reduction of public works forced labour across the country Outstanding issues: trends of forced labour related to land confiscation
Constructive Engagement Working group at high and technical levels led to resolve many
complaints submitted Open and objective discussion on practical legal issues
Shared vision on the importance of greater awareness of forced labour 212 Trainings conducted (1,300 Government staff trained, 10,570
civilians trained) Materials (2.5 M brochures printed and 50,000 SU booklet printed; 1.7M
brochures distributed and 47,000 SU booklet printed) Media broadcasts
Strategic Action Plan forward looking: Incremental progress in application of rule of law by the Government at all levels to end forced labour
ForcedLabourEliminationOperationsUnderaged recruitment
Of 1260 complaints on underaged recruits received so far, 485 persons discharged
Myanmar laws & Military directives enhance prevention and protection ILO is a member of the CTFMR and collaborate in all ways possible to
support the Government initiative to end underage recruitment 550 AWOL and 84 prison release cases
Human Trafficking 95 trafficking and debt bondage cases received Rescued and supported to return to Myanmar from Thailand (52
workers), China (43 workers), Indonesia (18 of the 27 have had their nationality verified and are being processed for return)
ILO is officially accepted to be a member of the Anti-trafficking technical working group
Partnerships
Government Employers and workers
More
Members of the Working group on forced labourelimination (MOLES, Tatmadaw,Adjutant Generals Office,Judge Advocate-General, MOHA, GAD, Supreme Court, Police/ATIPD, DSW, MoInformation, Ministry of Border AffairsMinistry of Education
UMFCCIWorkers representatives / organizationsLabour activists
Facilitators NetworkCommunity based organizations (CBOs), Civil Society Organizations (CSOs) and NGOs(women association, etc)
Challenges
Ending forced labour is a time-bound programmetargeted by December 2015 however complaints continue to be received
Since new government confidence and understanding have developed resulting in scope of complaint now encompassing both forced labour in public and private sectors
ChallengesTackling root causes
Understanding of and respect for fundamental human rights / human dignity required in order to change the practice of forced labour
This is aggravated by Vulnerability that engenders practices of forced labour, e.g. poverty Inadequate legislative and governance framework e.g. Land
management in term of law and its application
(ILO R 35 gives guidance to tackle land-related forced labour at the root cause but so far the government did not acknowledge and use it)
Repositioning of Tatmadaw as a professional defense service
Challenges Building capacity
The sheer size of Myanmar and access difficulties in some locations demands continued intensified awareness raising for
Communities Government authorities at all levels
Eliminating forced labour - meaning Restitution of justice, accountability, and compensation Restitution of trust and respect in the relationship between people and
the government Rule of Law is a tool to end the use of forced labour
Independently functioning justice system that takes up cases of forced labour
Trust of the people in the justice system
Plansforthenext12months
Forced Labour overall Continued management of cases received toward
satisfactory closure To achieve satisfactory closure in all outstanding
unresolved cases Continuation of awareness raising activities nationwide Continuation of the implementation of all aspect of the
Strategic Action Plan
Plansforthenext12months Underaged recruitment
Building on identification and discharge, to focus on prevention, accountability and reintegration
Provide additional support on refining of recruitment procedures Addressing the issues of underaged recruitment with ethnic
armed organizations (EAOs)
Human Trafficking Together with the Government anti- human trafficking unit and other
stakeholders carrying out nationwide survey on trafficking into forced labour, to assess existence of modern forms of forced labour
Working with police anti-trafficking unit on capacity building, so to equip them with necessary information and understanding on human trafficking from the labour dimension (aside from criminology) including in particular the issue of debt bondage
ByChrisLandKazlauskas
ChiefTechnicalAdviser
Freedom of Association and Social Dialogue
KeyOutputsDelivered
Project Advisory Committee established 5,449 participants reached in 145 distinct activities
(Sep 2012 Sep 2014) Support to Labour Market Institutions provided
Labour Law Reform Conciliation Bodies FGLLID
Educators Network established Training / Awareness-Raising Materials
produced
Partnerships
Government: FGLLID (Training Strategy, Guide, OSH Laws) DLR (Conciliation / Arbitration support) DOL (Advice on registration, ILC)
Labour organizations: design / delivery of trainings (Educators Network)
Employers: building engagement (Problem-solving, Sectoral dialogue)
Challenges
Problems with law and practice C. 87 (registration issues, dismissal of elected officials, others)
Recognition of national Federations / Confederations
Making the case & finding champions Social Dialogue good for employers
Womens participation
Plansforthenext12months Continuing training scaling up:
Bipartite, AR, TOP, TOT, WCC, Follow-up Visits Conciliation Bodies, FGLLID
Developing new modules: CBA, OSH, Federations
Launching new initiatives: Employers Problem-Solving Bipartite Garment Sector Arbitration Bodies
ByPiyamalPichaiwongse
DeputyLiaisonOfficer
Peace and Development
KeyOutputsDelivered Completion of the Kroeng Batoi Community Pilot Project, in
Yebyu Township, Tanintharyi region Built 3 gravity flow drinking water supplies with awareness and capacity
building training in 4 villages
Skills training activities to support on livelihood of 9 villages in Yebyu township, Tanintharyi region conducted
Need assessment of sustainable infrastructures using labour based approach conducted: East Bago state, Southern Shan state and Tanintharyi region
Regular INGO/NGO platform on Ceasefire Liaison Office Coordination established
Relationship-building with Tatmadaw and non-State armed groups
Partnerships MOLES/Myanmar Peace Centre (MPC) Tatmadaw Non-state armed groupts MPSI, donors and INGOs (PDSG), UNODC Tanintharyi Regional Government Ethnic CBOs and NGOs including VDCs in Mon
state and Tanintharyi region. EAOs, KNU, NMSP, RCSS-SSA/S Ceasefire Liaison Offices Communities, including IDPs
Challenges
No conclusive progress on NCA No common platform for Government, EAOs and
communities at local level Lack of trust Institutional capacity to sustain initiative Landmine clearance necessary prior to
beginning projects in Bago
Plansforthenext12months
A number of projects are being developed to contribute to confidence-building and livelihoods development
Training Ceasefire Liaison Offices
B