"Articles 1(1), 2(1) and 25 o f the Convention. Elimination o f all forms o f forced labour 1. Engagement o f the ILO regarding the elimination o f forced labour. (a) Historical background. In March 1997, a Commission of Inquiry was established under article 26 of the ILO Constitution to address the forced labour situation in Myanmar. As reported to the ILO Governing Body, forced labour had taken various forms in the country over the years, including forced labour in conflict zones, as well as for public and private undertakings. In its recommendations, the Commission of Inquiry urged the Government to take the necessary steps to ensure that: (i) the relevant legislative texts, in particular the Village Act and the Towns Act, be brought into line with the Convention; (ii) in practice, no more forced or compulsory labour be imposed by the authorities, in particular the military; and (iii) the penalties which may be imposed under section 374 of the Penal Code for the exaction of forced or compulsory labour be strictly enforced. Since then, the issue has been the focus of cooperation between the Government and the ILO for more than a decade. In 2002, an Understanding was agreed between the Government and the ILO, which permitted the appointment of an ILO Liaison Officer. Later in 2007, the Supplementary Understanding (SU) was signed to, in particular, set out a complaints mechanism with the objective “to formally offer the possibility to victims of forced labour to channel their complaints through the services of the Liaison Officer to the competent authorities with a view to seeking remedies available under the relevant legislation and in accordance with the Convention”. In addition, in 2012, the ILO concluded a Memorandum of Understanding (MoU) on a Joint Strategy for the Elimination of Forced Labour by 2015, which provided a basis for seven inter-related action plans. The ILO also participated in the Country Task Force on Monitoring and Reporting on underage recruitment issues. (b) Recent developments. On 22 January 2018, the Government and the ILO signed another MoU, which agreed on a new Action Plan for the elimination of all forms of forced labour for the year of 2018. The Action Plan focuses on four priorities, including: (i) continued operation of the complaints mechanism; (ii) training and awareness raising on forced labour including for Government officials; (iii) capacity building to end forced labour at regional and state levels; and (iv) mobilization of tripartite partners for the prevention of forced labour in the private sector. In particular, the extension of the SU to 31 December 2018 will allow the complaints mechanism and further cooperation on forced labour to continue during the transition to the Decent Work Country Programme (DWCP), which was endorsed by the National Tripartite Dialogue Forum on 16 January 2018. During its most recent discussion on this case in March 2018, the Governing Body concluded that the extension of the SU and agreement on an updated further phase of the Action Plan for the Elimination of Forced Labour, together with the tripartite endorsement of the first DWCP for Myanmar, are very welcome and represent significant progress in pursuing ILO constituent priorities (GB.332/INS/8, paragraph 17). In September 2018, the first DWCP for Myanmar was agreed by the Union Government, the employers’ and workers’ organizations and the ILO, which is considered by all parties as a major step forward for the country, signalling a process towards normalizing its engagement with the ILO and the International Community after decades of authoritarian rule and related problems of forced labour. 2. Application o f the Convention in law and in practice. In its previous comments, the Committee noted with satisfaction the adoption of the Ward or Village Tract Administration Act of 2012, which 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 noted that no action had been taken to amend article 359 of the Constitution (Chapter VIII - Citizenship, fundamental rights and duties of citizens), which exempts from the prohibition of forced labour “duties assigned by the Union in accordance with the law in the interest of the public” and could be interpreted in such a way as to allow a generalized exaction of forced labour from the population. The Government stated that the 2008 Constitution would be amended as required. Regarding the practical application of the Convention, the Committee welcomed the various measures undertaken by the Government in collaboration with the ILO, aimed at the eradication of forced labour in practice. These measures included the undertaking of an extensive range of awareness-raising activities across the country, support for the continued use of the SU complaints mechanism to enable victims of forced labour to seek redress, as well as holding to account a substantial number of military personnel for their continued use of forced labour. While taking due note of the progress made towards the elimination of all forms of forced labour, the Committee observed that the use of forced labour continued in Myanmar. The Committee notes the Government’s information in its report that, from March 2007 to June 2018, the complaints mechanism received a total number of 754 cases, of which 739 are related to underage recruitment, 13 to forced labour and 2 to other issues. 377 military personnel, including 64 officers and 313 soldiers of other ranks, were punished by military disciplinary action for underage recruitment and forced labour. Moreover, within the framework of the Action Plan for Prevention of Underage Recruitment, 448 military personnel were punished by military disciplinary action. Only one person was punished under section 374 of the Penal Code. The Committee also notes the Government indication that implementing directives for the Ward or Village Tract Administration Law of 2012 were issued for ward and village tract administrators and general administrative departments at all levels. Moreover, 18,191 awareness-raising workshops on forced labour were held, with 1,280, 307 participants from related townships of all states and regions. Training was also provided to military personnel for the prevention of underage recruitment. The Government further indicates that a special budget was allocated to the ward and village tract administration offices to prevent the use of forced or unpaid labour. Furthermore, measures were undertaken to ensure the enforcement of labour laws, particularly in the private sector. The labour law reform is also ongoing with the technical assistance provided by the ILO. However, the Committee notes that the Government’ s report does not contain any information on the progress made regarding the amendment to article 359 of Chapter VIII of the Constitution..."