See Chapter 4.1 on Freedom of Expression for further information.
Recs
Labour:
Develop a comprehensive and overarching labour law framework in line with
international labour standards. Extend protection to all types of workers, including
temporary and migrant workers. Given the expected expansion of employment in the
ICT sector, and the competition to retain skilled Myanmar nationals, reinforcing the
Government’s commitment to the ILO’s programme on Decent Work will be an
important signal to workers and to ICT sector employers.
Strengthen the protection of workers involved in trade union activities to ensure
that they do not face discrimination or dismissal by employers solely for their legitimate
trade union activities. Support trade unions to operate at the sector level so that they
can adequately represent workers, including in growing sectors such as ICT where an
increasing number of workers are expected to be employed. Raise awareness among
employers with more than 30 workers about the legal requirement to put in place a
workplace coordinating committee.
Demonstrate that the Government is committed to gender equality by encouraging
the employment of the large number of female graduates in ICT related studies, on the
basis of equal pay for equal work.
Task labour inspectors with targeting their visits to high-risk sites, such as tower
construction and fibre trenches.
See Chapter 4.6 on Labour for further information.
Land Use and Management:
Ensure the forthcoming National Land Use Policy reflects the customary,
informal and communal land ownership and use arrangements in Myanmar, both in
terms of protecting security of tenure and ethnic minority rights.
Establish a coherent legal framework for land use in line with international
standards (such as the FAO Voluntary Guidelines on the Responsible Governance of
Tenure of Land, Fisheries and Forests in the Context of National Food Security) for
private sector operations within the forthcoming comprehensive land law. This should
ensure the protection of existing use and ownership rights while providing certainty and
clarity around permitted transactions. This includes reforming existing land dispute
mechanisms to enable enforcement of resolutions relating to land.
Clarify and simplify land classification and use procedures to provide appropriate
protection for farmers from unscrupulous land transactions and for food security. These
should be sufficiently flexible to allow farmers to pursue alternative livelihood options
on a portion of their land (such as leasing it for telecom equipment) and/or encourage
local entrepreneurship.
Encourage telecommunications operators to follow the World Bank’s Myanmar
Telecommunications Environmental and Social Management Framework and Land
Lease Guidelines, including requiring their subcontractors to follow these guidelines in
all land dealings.
Promote the sharing of tower infrastructure to limit the impact on land take and
improve efficiency.
See Chapter 4.7 on Land for further information.
RECOMMENDATIONS TO THE GOVERNMENT OF MYANMAR
17