ILO s Programme of Work in Myanmar. 4 December 2014 ILO Liaison Office in Myanmar

Transcription

1 ILO s Programme of Work in Myanmar 4 December 2014 ILO Liaison Office in Myanmar

2 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

3 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

4 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

5 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

6 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

7 Forced Labour Elimination By Piyamal Pichaiwongse, Deputy Liaison Officer

8 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

9 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

10 Partnerships Government Members of the Working group on forced labour elimination (MOLES, Tatmadaw, Adjutant General s Office, Judge Advocate-General, MOHA, GAD, Supreme Court, Police/ATIPD, DSW, MoInformation, Ministry of Border Affairs Ministry of Education Employers and workers UMFCCI Workers representatives / organizations Labour activists More Facilitators Network Community based organizations (CBOs), Civil Society Organizations (CSOs) and NGOs (women association, etc)

11 Challenges Ending forced labour is a time-bound programme targeted 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

12 Tackling root causes Challenges 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

13 Building capacity Challenges 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

14 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

15 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

16 Freedom of Association and Social Dialogue By Chris Land Kazlauskas Chief Technical Adviser

17 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

18 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 (Problemsolving, Sectoral dialogue)

19 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

20 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

21 Peace and Development By Piyamal Pichaiwongse Deputy Liaison Officer

22 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

23 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

24 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

25 Plans for the next 12 months A number of projects are being developed to contribute to confidence-building and livelihoods development Training Ceasefire Liaison Offices

26 Elimination of Child Labour By Selim Benaissa Chief Technical Adviser

27 Key Outputs Delivered 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

28 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

29 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

30 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

31 Labour Migration By Jackie Pollock Technical Officer

32 Key Outputs Delivered 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.

33 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

34 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

35 Plans for the next 12 months GMS TRIANGLE project finishes in May 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

36 Labour Market Information Systems By Debi Mondal Chief Technical Adviser

37 Key Outputs Delivered Capacity building programmes for conducting Labour Force Survey Preparatory work for a comprehensive Labour Force Survey

38 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

39 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

40 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

41 Preparatory work for LFS Training of interviewers and supervisors Finalisation of Sample design and selection of primary sampling units

42 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

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

44 Plans for the next 12 months 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

45 Plans for the next 12 months 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)

46 Small and Medium Enterprise (SME) Development By Michel Jamar Chief Technical Adviser

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48 Key Outputs Delivered 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

49 Partnerships 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)

50 Business environment: Challenges 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? Who can 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?

51 Plans for the next 12 months 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

52 Responsible Business By Michal Ben Eliezer Chief Technical Adviser

53 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 labour perspective produced; Technical support to the development of a garment industry strategic plan provided

54 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

55 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.

56 Plans for the next 12 months 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;

57 Social Protection By Lou Tessier Technical Officer

58 Key Outputs Delivered 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.

59 Key Outputs Delivered 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, 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.

60 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.

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

62 Plans for the next 12 months 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.

63 Strengthening Employers Organizations By Erik Holmqvist Chief Technical Adviser

64 Key Outputs Delivered 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

65 Partnerships Project works directly with employers representatives on several levels. Clear and strong private sector representation important for dialogue with government.

66 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

67 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

68 Labour Law Reform and Institutional Capacity By Steve Marshall Liaison Officer

69 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

70 Phase 1 Support technical inputs to immediate legislative drafts and amendments

71 Phase 2 Develop and implement a multi-year strategy for recommended cohesive labour code 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