ILO’s Programmeof Work in Myanmar...ILO Liaison Office in Myanmar ILO’s Programmeof Work in...

4 December 2014ILO Liaison Office in Myanmar

ILO’s Programme of Work in Myanmar

Background

• 9 October 2012 – first tripartite consultation “Decent work as a tool for poverty alleviation and economic development”

• Discussion paper prepared by MOLES was endorsed by all parties present

Discussion Paper

• Fundamental priorities: elimination of forced labour and effective implementation of freedom of association

• Important areas: basic education, vocational training and skills development, employment policy, legislative and regulatory framework, SME, agricultural and industrial development and need for accurate data from which to work

Principles of ILO’s Programme of Work in Myanmar

• Rights-based foundation• In support of the priorities of the Government,

Workers and Employers• Integrated and Coherent programme comprised of

a number (14 so far) of projects• Projects – complement and reinforce each other to

achieve concrete results • Overall Goal: Support for Decent Work in

Myanmar

Key Objectives/Priorities

• 1. Promotion of fundamental principles and rights at work with focus on:

• elimination of the systemic use of forced labour, • sustained and deepened progress on Freedom of

Association and • improved policies and frameworks for reduction of child

labour, particularly its worst forms

Key Objectives/Priorities

• 2. Contribution to enhanced employment opportunities and social protection through:

• strengthened labour market legislations and information systems,

• skills development system, • entrepreneurship development and • extending social protection

• 3. Strengthening the capacity of representative employers' and workers' organisations and labour market institutions to influence economic, social and governance policies and outcomes

By Piyamal Pichaiwongse,

Deputy Liaison Officer

Forced LabourElimination

Forced Labour Elimination Operations Since 2007 ILO – Government Working group partnered in the Operation

of the Complaints Mechanism• Total 3755 Complaints, 1260 underaged recruits• Reduction of public works forced labour across the country• Outstanding issues: trends of forced labour related to land confiscation

Constructive Engagement• Working group at high and technical levels – led to resolve many

complaints submitted• Open and objective discussion on practical legal issues

Shared vision on the importance of greater awareness of forced labour• 212 Trainings conducted (1,300 Government staff trained, 10,570

civilians trained)• Materials (2.5 M brochures printed and 50,000 SU booklet printed; 1.7M

brochures distributed and 47,000 SU booklet printed)• Media broadcasts

Strategic Action Plan forward looking: Incremental progress in application of rule of law by the Government at all levels to end forced labour

Forced Labour Elimination Operations Underaged recruitment

• Of 1260 complaints on underaged recruits received so far, 485 persons discharged

• Myanmar laws & Military directives enhance prevention and protection• ILO is a member of the CTFMR and collaborate in all ways possible to

support the Government initiative to end underage recruitment• 550 AWOL and 84 prison release cases

Human Trafficking• 95 trafficking and debt bondage cases received• Rescued and supported to return to Myanmar from Thailand (52

workers), China (43 workers), Indonesia (18 of the 27 have had their nationality verified and are being processed for return)

• ILO is officially accepted to be a member of the Anti-trafficking technical working group

Partnerships

Government Employers and workers

More

Members of the Working group on forced labourelimination (MOLES, Tatmadaw,Adjutant General’s Office,Judge Advocate-General, MOHA, GAD, Supreme Court, Police/ATIPD, DSW, MoInformation, Ministry of Border AffairsMinistry of Education

UMFCCIWorkers’ representatives / organizationsLabour activists

Facilitators NetworkCommunity based organizations (CBOs), Civil Society Organizations (CSOs) and NGOs(women association, etc)

Challenges

• Ending forced labour is a time-bound programmetargeted by December 2015 – however complaints continue to be received

• Since new government confidence and understanding have developed resulting in scope of complaint now encompassing both forced labour in public and private sectors

ChallengesTackling root causes

Understanding of and respect for fundamental human rights / human dignity required in order to change the practice of forced labour

This is aggravated by Vulnerability that engenders practices of forced labour, e.g. poverty Inadequate legislative and governance framework e.g. Land

management in term of law and its application

(ILO R 35 gives guidance to tackle land-related forced labour at the root cause – but so far the government did not acknowledge and use it)

Repositioning of Tatmadaw as a professional defense service

Challenges• Building capacity

– The sheer size of Myanmar and access difficulties in some locations demands continued intensified awareness raising for

• Communities • Government authorities at all levels

• Eliminating forced labour - meaning Restitution of justice, accountability, and compensation Restitution of trust and respect in the relationship between people and

the government Rule of Law – is a tool to end the use of forced labour

Independently functioning justice system that takes up cases of forced labour

Trust of the people in the justice system

Plans for the next 12 months…

• Forced Labour – overall Continued management of cases received toward

satisfactory closure To achieve satisfactory closure in all outstanding

unresolved cases Continuation of awareness – raising activities nationwide Continuation of the implementation of all aspect of the

Strategic Action Plan

Plans for the next 12 months…• Underaged recruitment

Building on identification and discharge, to focus on prevention, accountability and reintegration

Provide additional support on refining of recruitment procedures Addressing the issues of underaged recruitment with ethnic

armed organizations (EAOs)

• Human Trafficking– Together with the Government anti- human trafficking unit and other

stakeholders carrying out nationwide survey on trafficking into forced labour, to assess existence of modern forms of forced labour

– Working with police anti-trafficking unit on capacity building, so to equip them with necessary information and understanding on human trafficking from the labour dimension (aside from criminology) –including in particular the issue of debt bondage

By Chris Land‐Kazlauskas

Chief Technical Adviser

Freedom of Association and Social Dialogue

Key Outputs Delivered

• Project Advisory Committee established• 5,449 participants reached in 145 distinct activities

(Sep 2012 – Sep 2014)• Support to Labour Market Institutions provided

– Labour Law Reform– Conciliation Bodies– FGLLID

• Educators’ Network established• Training / Awareness-Raising Materials

produced

Partnerships

• Government:– FGLLID (Training Strategy, Guide, OSH Laws)– DLR (Conciliation / Arbitration support)– DOL (Advice on registration, ILC)

• Labour organizations: design / delivery of trainings (Educators’ Network)

• Employers: building engagement (Problem-solving, Sectoral dialogue)

Challenges

• Problems with law and practice – C. 87 (registration issues, dismissal of elected officials, others)

• Recognition of national Federations / Confederations

• Making the case & finding champions –Social Dialogue good for employers

• Women’s participation

Plans for the next 12 months…• Continuing training – scaling up:

– Bipartite, AR, TOP, TOT, WCC, Follow-up Visits– Conciliation Bodies, FGLLID

• Developing new modules:– CBA, OSH, Federations

• Launching new initiatives:– Employers’ Problem-Solving– Bipartite Garment Sector– Arbitration Bodies

By Piyamal Pichaiwongse

Deputy Liaison Officer

Peace and Development

Key Outputs Delivered• Completion of the Kroeng Batoi Community Pilot Project, in

Yebyu Township, Tanintharyi region – Built 3 gravity flow drinking water supplies with awareness and capacity

building training in 4 villages

• Skills training activities to support on livelihood of 9 villages in Yebyu township, Tanintharyi region conducted

• Need assessment of sustainable infrastructures using labour based approach conducted: East Bago state, Southern Shan state and Tanintharyi region

• Regular INGO/NGO platform on Ceasefire Liaison Office Coordination established

• Relationship-building with Tatmadaw and non-State armed groups

Partnerships• MOLES/Myanmar Peace Centre (MPC)• Tatmadaw• Non-state armed groupts• MPSI, donors and INGOs (PDSG), UNODC• Tanintharyi Regional Government• Ethnic CBOs and NGOs including VDCs in Mon

state and Tanintharyi region.• EAOs, KNU, NMSP, RCSS-SSA/S• Ceasefire Liaison Offices• Communities, including IDPs

Challenges

• No conclusive progress on NCA• No common platform for Government, EAOs and

communities at local level• Lack of trust• Institutional capacity to sustain initiative• Landmine clearance necessary prior to

beginning projects in Bago


• A number of projects are being developed to contribute to confidence-building and livelihoods development

• Training Ceasefire Liaison Offices

By Selim Benaissa


Elimination of Child Labour


• National Technical Working Group (NTWG-CL) on Child Labour established and meets regularly

• Consultation and awareness raising activities held at national and community level

• Partnerships with stakeholders• Child Labour concerns gaining visibility

Partnerships

• NTWG-CL is quadripartite• Support to Employers’ and Workers

awareness raising on Child Labour (CL)• Advisory support to FDI sourcing

companies• Conducted and contributed to CSO, CBOs

and INGOs awareness raising activities on CL

Challenges

• Perception of Child Labour: managing the transition – CL as a social welfare and International Standards.

• Scope of the issue – Child labour is normalized as a consequence of social and poverty issue

• Data• Conflicting legislations (coherence and

compliance to ILS)• Commitment/availability of all stakeholders

Plans for the next 12 months…• Research (KAP Survey, Agriculture Sub sectors,

Industrial Zone Yangon)• Legislation (Legal Review)• Develop Hazardous Child Labour List• Initiate drafting process for the National Plan of

Action• Awareness raising (national and community

level)• Capacity building at National and Community

Level

By Jackie Pollock

Technical Officer

Labour Migration


• Knowledge and attitudes migration survey in 3 target sites• Review and assessment of migration legislative framework• Seven (7) Migrant Resource Centres providing information and

counselling to potential and returned migrants and their families.• Essential safe migration tools developed, including Operations

manual for MRCs, pre departure curriculums, safe migration materials

• Mechanisms developed, including a Code of Conduct for Overseas Employment Agencies, to improve recruitment process

• Women and men migrants are empowered through increased access to information, legal assistance and other support services and through greater cooperation between labour organisations and civil society in Myanmar and countries of destination.

Partnerships

• Migration Department,Department of Employment• Labour Exchange Offices• Labour organisations (FTUM, FTUM-AFFM, AFFM-IUF,

MTUF, MMTU)• Networks of migrant support groups in Dawei, Kyaing

Tung, Mandalay and Yangon• Myanmar Overseas Employment Agencies Federation• Migration networks in Myanmar, Thailand, Malaysia and

Singapore

Challenges

• Difficult to reach all potential migrants• Regulating the official and unofficial recruitment industry in

the face of race for profits• Making regular migration more beneficial than irregular

migration• Continue strengthening migration governance• Developing and implementing new fair and effective

migration policies while responding to existing situation of migrants already in destination countries

• Promoting genuine cross border cooperation and sharing of responsibility and liability

Plans for the next 12 months…• GMS TRIANGLE project finishes in May 2015. • Trainings for Labour Attaches• Developing a Multi-party Parliamentarian Caucus on

Migration• Plan to make some activities sustainable without ILO: ie

Migrant Resource centres, MOEAF Code of Conduct, civil society networks.

• With funding: – To set up more Migrant Resource centres in strategic Labour

exchange offices across the country– Labour Migration Management trainings for GOs, NGOs and

employers

By Debi Mondal


Labour Market Information Systems


• Capacity building programmes for conducting Labour Force Survey

• Preparatory work for a comprehensive Labour Force Survey

Capacity building programmes

• International training on Labour Force Survey• Designing labour force surveys & LF

modules for household surveys to measure progress towards decent work

• Analysing survey data to monitor labour market conditions and progress towards decent work

Capacity building programmes

• Study tour to the National Statistical Office, Manila, Philippines

• National training on Labour Statistics• Workshop for finalization of response

options of questionnaire• Training Workshop for Pilot test on LFS

Preparatory work for LFS

• Drafting of Labour Force, Child Labour, School-to-Work Transition Survey questionnaire

• Pilot test of LFS Questionnaire • Finalisation of LFS questionnaire• Preparation of Field Operations Manual

Preparatory work for LFS

• Training of interviewers and supervisors• Finalisation of Sample design and

selection of primary sampling units

Partnerships

• LFS is being implemented by Dept. of Labour, jointly with CSO and with cooperation of Dept. of Population, Dept. of Science and Technology, Dept. of Technical and Vocational Education, Dept. of Educational Planning and Training

• Consultation of Employers and Workers organisations – at drafting stage and

- after finalising questionnaire

Challenges

• Strengthening capacity for data collection• Sustain the regular conduct of LFS • Data collection in the Rakhine State


• Listing of households in the primary sampling units

• Field work for the main survey• Data processing• Preparing Tabulation Plan• Generation of tables• Drafting and finalizing report


• Myanmar master survey plan for regular labour force surveys

• A strategic work plan for Myanmar quarterly labour force surveys (including sampling frame, surveys tools, and tabulation plans (quarterly and annual)

By Michel Jamar


Small and Medium Enterprise (SME)

Development

• SYB training packages adapted and translated into Myanmar

• 51 trainers from 17 organizations trained on SIYB• Schedules for at least 20 Training of Entrepreneurs in

2014 and 2015 finalized• 40 Business starters trained• BDS supported to reach out SMEs and promote

business start-ups• Partnerships established with BDS, government, private

sector organizations/associations and companies and donor and UN agencies


• Part of the ILO comprehensive approach• MTF and 11 associations• Ministry of Hotels and Tourism• Tourism Sector Working Group• UMFCCI (and associations)• BDS and other training providers incl. Skills Training

Center of MOLES• Donors and UN Agencies (e.g. GIZ, Unido)

Partnerships

• Business environment: Land issue – Biz disputes – Skilled workers - Access to finance-Infrastructure (Industrial zones – energy – communication - …) - tax

• A lot of external actors and projects (who is good? Whocan implement? >< private sector mechanism)

• Business Associations not structured to implement• Very few BDS (biz school and/or donors-oriented)• SME center = National Programme vs pilot zones• SME: Production-oriented Vs market-oriented• SME: Huge need and real market for management

training but no demand

How to facilitate an SME network?

Challenges

• Complete adaptation/translation of all relevant training materials• Expand Training of trainers and Training of Entrepreneurs• Implement recommendations from tourism sector local value chain

(Chaung Thar- Ngwe Saung)• Support BDS in delivering training services (Start up campaign)• Promote/market training services• Conduct pilot training in rural areas• Support associations to network entrepreneurs (Pilot)• Involve Financial Institutions in the training process• Support formulation/implementation of policies that benefit SMEs

Plans for the next 12 months

By Michal Ben Eliezer


Responsible Business

Key Outputs Delivered• Relationships with key project partners built; • Value Chain Assessment (VCA) in the two sectors (garment,

fisheries) initiated; • Short VCA guide developed; • Ground work for the development of a SCORE Accelerator

(factory/ enterprise productivity improvement programme) sensitized to the Myanmar context commenced;

• Report on the structure of the industry including production types along with providing some labourperspective produced;

• Technical support to the development of a garment industry strategic plan provided

Partnerships

• Government: – Ministry of Labour/Labour

Inspectorate – Myanmar Investment Commission

• Social Partners:– MTUF,FTUM; AFFM/IUF– Myanmar Garment Manufacturing

Association (MGMA)– Fisheries Federation

• Civil Society: – Pyoe Pin – SMART Project – BiF/ Hamsa Hub– Local research/ think tank

organizations: MMRD, MDRI, EMC

• Private Sector – International investors – Sector specific businesses – Business service providers– Industrial zone committees

Challenges• Experience of social partners on the development of a sector

based strategy is limited;• Lack of partners exposure to international markets and

practices;• Local private sector & civil society organizations have low

capacity in providing support services (eg. Research and training services);

• Incomplete and fragmented labour laws hinder the development of a consistent responsible business practice;

• The pool of local technical experienced personnel for staffing and consultation purposes is limited.

• Corporate Social Responsibility (CSR) is understood as a concept and as a voluntary activity, rather than as a responsibility.


• Completion of a sub sector Value Chain Assessment (VCA) for garment and fisheries

• Capacity development for business service providers & local enterprises to support garment and fisheries industries;

• Initiate new partnerships, such as with: Ministry of Livestock, Fisheries and Rural Development, Ministry of Industry, financial institutions;

• Supporting policy making bodies and implementing agencies through awareness raising activities and the development of policy documents;

• Support social dialogue workshops linked to value chain related issues; • Supporting the garment industry strategy; • Piloting several factory based productivity and human resource training; • Awareness raising around core labour laws and standards for social

partners and labour inspectorate;• Supporting a Better Work assessment;

By Lou Tessier

Technical Officer

Social Protection


Social Protection Assessment Based National Dialogue in Myanmar:• Mapping of social protection programmes and the legal

framework for social protection across ministries.• Identification of coverage gaps and implementation issues.• Proposition of costed recommendations to build a national

social protection floor.• Compilation of an assessment based national dialogue report

to feed in the national social protection strategy.


Support to the revision and implementation of the new Social Security Law, 2012:• Evaluation of the Social Security Board (SSB) operations and first

recommendations for the implementation of the social security law, 2012.

• Feasibility report for the extension of SSB’s health care facilities.• Financial models of five social security schemes (medical care,

sickness, maternity, funeral, work injury) under SSB.• Training in the international training center of the ILO on social

security and fellowship for Masters in Health Financing.

Partnerships

• The social protection assessment based national dialogue – a tripartite participatory process which involved:

– Ten line ministries involved in the provision of social protection along the social protection floor guarantees (health, children, active age, old age);

– Representatives of workers and employers;

– The UN country team;– Representatives of civil

society organizations, academia and NGOs.

Challenges

• Limited coverage of existing schemes. • Little knowledge of social protection among the general public.• Limited infrastructure and institutional capacity for outreach• Limited data, evidence, nation-wide studies to inform decision-makers. • coordination and collaboration among key stakeholders for social protection• Whilst the GOM has taken the following steps:

Formulation of a National Social Protection Strategy (NSPS). Nomination of a National High-Level Committee on Social Protection. New Social Security Law adopted in 2012 => extends both the scope

of benefits and the extent of workers covered. Reform of the civil servants pension system. Commitment to reach universal health coverage by 2030.

….the scale and scope of the issue create challenges particularly in priority setting.


Possible areas of support for 2015: Analytical work to support the priority setting process for the

creation and reinforcement of social protection programmes. Support to the design and feasibility of prioritized social

protection schemes from the national social protection strategy.

Dialogue on social protection implementation and delivery inclusive of regional level.

Support to the amendment of the Social Security Law, 2012, through training and support to the drafting unit. Training on unemployment protection and work injury insurance. Support the SSB in contracting with more health care facilities.

By Erik Holmqvist


Strengthening Employers Organizations


• Private sector representation mapped, research done

• Capacity strengthened in UMFCCI for organizational development

• Capacity strengthened in EOs regarding IR

• Agreement with several BMOs and EOs on further capacity development

Partnerships

• Project works directly with employers’ representatives on several levels.

• Clear and strong private sector representation important for dialogue with government.

Challenges

• Unstructured private sector representation• Legal situation for EOs difficult• Understanding of labour law framework as

well as concepts of IR• Information Sharing• Research capacity and other skills

Plans for the next 12 months

• Work with BMOs and EOs on structure of PS representation

• Build research capacity in the UMFCCI and other BMOs

• Training activities for EOs• Develop membership services in the

tourism and garment sectors

By Steve Marshall

Liaison Officer

Labour Law Reform and Institutional Capacity

Background

• Combined project with financial and human resource contribution from Forced Labour, FOA, Child Labor, Responsible Business, Employers projects plus US Govt, Japan, Denmark, GOM initiative

Phase 1

• Support technical inputs to immediate legislative drafts and amendments

Phase 2

• Develop and implement a multi-year strategy for recommended cohesive labourcode

• Building on activities of individual projects to strengthen capacity of all labour market institutions

• Establish multi-stakeholder forum to: (a) guide the process; (b) ensure full involvement/ownership

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