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

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