Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Forced Labour Convention, 1930 (No. 29) - Myanmar (Ratification: 1955)

1. In its previous comments the Committee noted the observations submitted on 17 January 1991 by the International Confederation of Free Trade Unions (ICFTU) alleging that the practice of compulsory portering was widespread in the country.

In this connection the Committee has taken note of the Report by a Special Rapporteur on the situation of human rights in Myanmar submitted to the United Nations Commission on Human Rights at its 49th Session, February-March 1993 (document E/CN.4/1993/37 of 17 February 1993). The Committee further notes that, by a communication of 25 January 1993, the International Confederation of Free Trade Unions, referring to article 24 of the ILO Constitution, made a representation alleging non-observance by Myanmar of the Convention. The Committee notes that at its 255th Session (March 1993) the Governing Body decided that the representation was receivable and set up a committee to examine it. Consequently the Committee is suspending examination of this matter, pending the conclusions of the above committee.

2. In relation to forced labour other than portering, the Committee notes that in his report the Special Rapporteur refers to the testimony of persons taken to provide labour in the construction of railroads (Aung Ban-Loikaw railroad) and of roads or the clearing of jungle areas for the military, that hundreds of persons were killed by the military when, as with porters, they were unable to carry loads and to continue the hard labour. The labour projects reportedly included two major railway projects, other border development projects of the Government, particularly along the Thai-Myanmar border, and labour for the military particularly in the areas of conflict in the Karen, Karenni, Shan, and Mon areas.

It was reported that the labourers died frequently as a result of constant beatings, unsanitary conditions, lack of food and lack of medical treatment, once they became sick or wounded and unable to continue work. Witnesses also provided information that some friends or relatives who returned from the work in the border development projects died afterwards as a result of the wounds and diseases contracted during their labour.

The Committee requests the Government to comment on the detailed testimony reported by the UN Special Rapporteur.