4 4.6 Chapter 4.6 Labour In this Chapter: A. Context • ILO Fundamental Principles and Rights at Work − Freedom of Association and the Right to Collective Bargaining − Discrimination − Forced Labour − Child Labour • Revision of Myanmar Labour Laws • Awareness and Enforcement of Labour Rights in Myanmar B. Field Research Findings C. Recommendations for ICT Companies • Using International Standards • Recommendations on Workplace Issues • Forced Labour and Other Forms of Labour Exploitation • Child Labour • Discrimination • Health & Safety • Expectations of Local Employment D. Relevant International Standards and Guidance on Labour Issues A. Context Worker rights in Myanmar have experienced numerous challenges. For 50 years, independent trade unions and employer organisations were prohibited; laws covering labour protection were antiquated and/or restrictive; forced labour of civilians by the military and civil authorities was common; and child labour is still an ongoing problem. There have however been positive developments since the 2011 reform process began. The 2008 Constitution includes protection from discrimination and freedom of association, though these constitutional provisions contain some significant gaps in protecting workers rights. Article 358 of the Constitution prohibits slavery and human trafficking, but Article 359 provides for “hard labour” as part of a criminal sentence. The rights to peaceful assembly and freedom of association are also provided for, but another part of the Constitution subjects the exercise of these rights to a wide qualifier that the exercise of the rights cannot be contrary to laws on inter alia “community peace and tranquillity”. Article 31 of the Constitution aims to reduce unemployment. Under Article 349(b), citizens have the enforceable right to equal opportunity in occupation. 438 An estimated 70% of the population is engaged in agriculture or related activities; 23% in services, and 7% in industry. 439 Low-paid and insecure jobs (often only on a daily basis) characterise the employment situation. The 2014 Census results indicate an 438 439 Legal Analysis of the 2008 Constitution, Appendix 1, commissioned by IHRB. Labour Background Paper commissioned for IHRB, p 2 (on file with IHRB). 190 PAGE CHAPTER 4.6: LABOUR