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. 625 244 PAGE CHAPTER 4.9: STAKEHOLDER ENGAGEMENT & GRIEVANCE MECHANISMS

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