A/HRC/16/59
89.
The Special Rapporteur commends the considerable progress made in addressing
underage recruitment. The Government cooperated with the ILO to return 73 underage
recruits during 2010, 40 from complaints received in 2010 and 33 from complaints initiated
in 2009. At the end of December 2010, the ILO had received 331 complaints of underage
recruitment since beginning to monitor the problem in February 2007. Of those complaints,
142 underage recruits have been discharged back to their families, while 120 cases were in
the process towards discharge and a further 60 complaints were either under assessment or
required further information prior to submission.
90.
Complaints have steadily increased: 13 were made in 2007, 31 in 2008, 86 in 2009,
and 201 in 2010, a result of the increase in both the awareness of Myanmar residents of the
existence of the minimum age and their confidence to complain rather than an indication of
an increase in the actual recruitment rate. Each complaint that the ILO has filed on behalf of
a family member has been investigated by the military. In most instances, it is reported that
the identified military perpetrator of the underage recruitment is prosecuted under Military
Regulations. Penalties have ranged from the issuing of a reprimand, loss of service rights,
and monetary fines to, in three cases, terms of imprisonment. To date no prosecutions
against identified civilian brokers have been reported.
91.
According to the ILO, the Myanmar Army has undertaken extensive training
activities for military personnel on the legal issue of underage recruitment, including
activities undertaken with UNICEF and the ILO. A brochure explaining the law relating to
forced labour, including underage recruitment, and procedures to be taken in the event of a
breach of the law, continues to be widely circulated nationwide.
92.
The Special Rapporteur welcomes the report that there has been no harassment of
persons who complained about child-soldier cases. In contrast, the ILO regards the ongoing
imprisonment of three persons associated with the filing of forced labour complaints as a
direct breach of the non-retribution provisions of the Supplementary Understanding and
continues to call for their immediate release. The Special Rapporteur supports this call.
93.
According to the ILO, the Government appears to have reduced, through extensive
awareness-raising efforts, the incidence of forced labour imposed by the civilian authorities.
However, the use of forced labour by the military continues unabated. Although formal
complaints are not received from conflict areas, there are reliable reports on the systematic
use of forced labour by the military in such activities as portering, sentry or guard duty and
camp security fence construction.
94.
The Special Rapporteur is concerned about reports of fundamental problems in the
structure and application of the Land Laws that have resulted in numerous complaints by
farmers who refused to undertake forced labour on their traditional family land and
subsequently lost the land to the Army or companies owned by the Ministry of Defence.
95.
The Government has formally advised the ILO of the intention to introduce
legislation in the new parliament permitting the establishment of trade unions as reflected in
the provisions of the 2008 Constitution. Such action also meets Government obligations as
a ratifying signatory to ILO Convention No. 87 (1948) concerning Freedom of Association
and Protection of the Right to Organise. The Special Rapporteur is encouraged to learn that
a high-level ILO mission to Myanmar in late February 2011 will include, at the
Government’s request, a freedom-of-association expert who is expected to be consulted on
the draft legislation content prior to its finalization and tabling in the parliament. Nine
labour activists associated with the ILO remain in prison. The ILO expects those persons to
be immediately released in the spirit of moving towards Myanmar’s adoption of freedomof-association principles.
96.
Finally, the Special Rapporteur would like to draw attention to the HIV epidemic:
there are estimated to be over 10,000 new infections a year in Myanmar, and HIV-related
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