4
4.9
employers and workers is in place, involving requiring workplaces to establish
Workplace Coordination Committees, but implementation is still weak due to lack of
adequate knowledge about the newly enacted labour laws.
There are a number of mechanisms to hear land disputes, including a parliamentary
committee on land confiscation inquiry, but without a mandate to give binding
decisions. (See Chapter 4.7 on Land)
The Myanmar National Human Rights Commission (MNHRC) was established in
September 2011, but the MNHRC Law was only enacted on 28 March 2014. The
MNHRC has a broad mandate of promoting and monitoring compliance with human
rights. It is empowered to investigate complaints and contact the concerned person,
company or Government department and can recommend action. It can also make
its recommendations public. It can undertake inquiries and will prepare an annual
report to the President and Parliament. It is also mandated to consult different
stakeholders including CSOs. The President selects members after proposals by a
selection board. While the law provides that proposed members should have
expertise or knowledge in different areas relevant to human rights including from civil
society, it does not guarantee pluralism, nor a total independence from the
Executive, in accordance with the Paris Principles. 624 It received over 1700
complaints in its first 6 months of operation, a majority of which involved land grabs.
The ILO and Myanmar Government have agreed a complaints mechanism to
allow victims of forced labour an opportunity to seek redress/remedies from
Government authorities in full confidence that no retaliatory action will be taken
against them. 625 The October 2013 report by the Myanmar Liaison Officer notes an
increasing number of complaints about forced labour in association with land
confiscation, with people either losing their livelihoods completely or being required
to work on land which they have traditionally occupied. 626
B. Field Assessment Findings
Engagement and Remedy on Privacy Issues
Human Rights Implicated: Right to privacy; Right to freedom of expression and
opinion; Right to take part in cultural life and to benefit from scientific progress; Right to
take part in the conduct of public affairs; Right to information
Field Assessment Findings
Lack of awareness of privacy concerns among users: Users on social media
were observed sharing sensitive personal data including bank statements and
checks for donations or even more sensitive information about health status without
appropriate protections. Users reported being unaware of how to configure privacy
settings in their social media accounts. Users also reported being unaware of how to
report on content on social media.
Lack of policies or clear communication of policies: Data retention policies were
absent, or in some cases not clearly communicated to the customer/user even when
internally present (e.g. 5 years for retention of customer data on paper).
624 OHCHR,
“OHCHR and NHRIs” (last accessed August 2015).
ILO, “Forced Labour Complaint Mechanism” (last accessed August 2015).
626 Section 6, ILO, “Update on the operation of the complaint mechanism in Myanmar, report of the ILO Liaison
Officer to ILO Governing body” (319th Session, Geneva, 16-31 October 2013), GB.319/INS/INF/2.
625
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CHAPTER 4.9: STAKEHOLDER ENGAGEMENT & GRIEVANCE MECHANISMS
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