Worst Forms of Child Labour Convention, 1999 (No. 182) (ratification: 2013)

Description: 

"Article 3 o f the Convention. Worst forms o f child labour. Clause (a). All forms o f slavery or practices similar to slavery. Compulsory recruitment o f children for use in armed conflict. The Committee previously noted that the 1959 Defence Services Act (amended in 1974) and War Office Council Directive 13/73 of 1974 prohibit persons under the age of 18 from joining the armed forces. It also noted from the Report of the Secretary-General on Children and Armed Conflict of 5 June 2015 (A/69/926 S/2015/409) that a total of 357 cases of child recruitment and use by armed forces (Tatmadaw), including children as young as 14 years, were reported. Children were reported to be recruited by armed groups, including through abductions; into the formal ranks of the Tatmadaw; were deployed at the front line as combatants and in support roles; and were also used as porters and scouts. The Report of the Secretary-General on children and armed conflict further indicated the various positive steps taken by the Government, including the joint action plan signed with the United Nations in June 2012 to end and prevent the recruitment and use of children by armed forces, the endorsement of a work-plan for full implementation of this action plan, and the granting of monitoring access of the United Nations to the armed forces. The Committee requested the Government to strengthen its efforts to put a stop, in practice, to the recruitment of children under 18 years by the armed forces and armed groups. The Committee notes the Government’s information that following the signing of the joint action plan for prevention of underage recruitment in June 2012, the United Nations Country Task Force on Monitoring and Reporting (UNCTFMR) met with the Government of Myanmar 48 times and visited 16 military commands, 85 battalions and infantry units for monitoring. It also notes the Government’s indication that military disciplinary actions were taken against 448 military personnel, including 96 officers, for recruiting under-age children into the Tatmadaw. Moreover, 877 military personnel who were enrolled before attaining 18 years were handed over to their respective parents and guardians. The Committee further notes the information provided by the Government on the various training courses, awareness raising activities, including through newspapers and TV and radio broadcasts, and legal education provided to military personnel concerning the implementation of the joint plan of action for prevention of underage recruitment as well as the prohibition of forced recruitments. It further notes from the Government’s report under the Forced Labour Convention, 1930, (No. 29) that from 2007 to 2018, 754 cases, including 738 underage recruitment cases were received under the complaints mechanism of the Supplementary Understanding, of which 325 cases were closed by the ILO. The Committee notes, however, that according to the Report of the Secretary General on Children and Armed Conflict of 16 May 2018 (A/72/865-S/2018/465), in 2017 the United Nations documented 428 cases of recruitment and use of children, the majority of cases being attributed to the Tatmadaw, including 166 cases of formal recruitment of children, some as young as 13 years, and the informal and temporary use of about 200 children, for maintenance and cleaning duties. Furthermore, the United Nations verified 39 cases of recruitment and use of children by armed groups (Kachin Independence Army and Ta’ang National Liberation Army), and the use of 53 boys by the Border Guard Police for camp maintenance, construction and carrying of equipment. The Committee finally notes from the Report of the Special Rapporteur on the situation of Human Rights in Myanmar of March 2018 that although cases of recruitment and use of child soldiers by the Tatmadaw had decreased from February 2013 to June 2017, a total of 856 complaints were verified by the UNCTFMR (A/HRC/37/70, paragraph 38). While noting some of the measures taken by the Government, the Committee must express its deep concern at the continued use and recruitment of children by armed forces and groups. The Committee therefore strongly urges the Government to take the necessary measures as a matter o f urgency to ensure the fu ll and immediate demobilization o f all children and to put a stop, in practice, to the forced recruitment o f children under 18 years o f age into armed forces and groups. It also urges the Government to continue to take immediate and effective measures to ensure that thorough investigations and prosecutions o f all persons, including military personnel and officials, who forcibly recruit children under 18 years o f age fo r use in armed conflict, are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. The Committee requests the Government to provide information on the measures taken and the results achieved in this regard..."

Creator/author: 

Source/publisher: 

International Labour Organisation (ILO)

Date of Publication: 

2019-06-06

Date of entry: 

2019-06-12

Grouping: 

  • Individual Documents

Category: 

Countries: 

Myanmar

Language: 

English

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Format: 

pdf

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127.93 KB

Resource Type: 

text

Text quality: 

    • Good