ILO Fundamental Principles and Rights at Work: Discrimination in Myanmar Article 348 of the 2008 Constitution guarantees that discrimination by the Union against any citizen is prohibited on grounds of race, birth, religion, official position, status, culture, sex and wealth. However, the internationally recognised grounds of discrimination based on colour, language, political or other opinion and national origin are not prohibited by the Constitution, leaving significant gaps in protection against discrimination. Labour leaders, religious and ethnic minorities, women and children, people living with disabilities and LGBT people (as discussed in further detail in Chapter 4.8 on Groups at Risk) all face discrimination in hiring and in the workplace. ILO Fundamental Principles and Rights at Work: Forced Labour in Myanmar A major concern in Myanmar has been the widespread and systematic use of forced labour of civilians by the tatmadaw (the Myanmar army) and the civil administration for several decades, despite the fact that the Government had ratified ILO Forced Labour Convention (No. 29) in 1955. The ILO first established an office in Myanmar during 2002 after the Government and the ILO reached an “understanding” and the appointment of an ILO Liaison Officer. The Understanding provided that the Liaison Officer would conduct activities aimed at the elimination of forced labour in the country. The Understanding remains in force and in 2007 the ILO and the Government agreed a Supplementary Understanding. The Supplementary Understanding established a complaints mechanism to allow victims of forced labour to seek redress/remedies from the authorities. 449 Since the reform process began in 2011, many observers, including the ILO, have welcomed the decrease in forced labour, but noted that the practice is still continuing in some areas. 450 President U Thein Sein made a public commitment to end forced labour by 2015. Although there is now less risk to communities and companies of forced labour being used by the military in relation to projects, such as road construction, there is a need to remain vigilant, as it was a common practice for several decades, and local Government and other authority figures still sometimes resort to it. The ILO noted that while there are currently relatively few complaints of forced labour in the private sector, this may be because in Myanmar forced labour is generally perceived to be associated with the Government 451. ILO Fundamental Principles and Rights at Work: Child Labour in Myanmar Child labour is widespread throughout Myanmar, including as tea shop or restaurant attendants, street vendors, manual labour, waste collectors or beggars, in food processing and light manufacturing, and on farms in rural areas. The risk of child labour to companies operating in Myanmar is high, as they are working in a wide variety of industry sectors. Moreover, ascertaining someone’s age in Myanmar is not always straightforward. Birth registration in urban areas was reported at 94%, but in rural areas the rate was only 64%. 452 Many people, especially under-18s and ethnic minorities, do not have any form of official identification which indicates their date of birth. 449 See: ILO, “ILO in Myanmar” (last accessed August 2015). ILO Committee on the Application of Standards, “Extract from Record of Proceedings“ (June 2012), para18 451 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. Please note that complaints include underage military recruitment. 452 UNICEF, “Situation Analysis of Children in Myanmar 2012“ (2012). 450 CHAPTER 4.6: LABOUR 193 4 4.6