Child Rights Law (Pyidaungsu Hluttaw Law No. 22/2019)

The Child Rights Law was adopted by the Parliament of Myanmar / Pyidaungsu Hluttaw (Assembly of the Union) on July 23, 2019. The Law repealed the 1993 Child Law, expanded child protection provisions, and marked a significant step toward aligning national legislation with international standards. The Law defines a child as a person who has not yet attained the age of 18 years.^[1]

More specifically related to the grave violation of rape and other forms of sexual violence, Chapter XVI of the Law prohibits “physical violence, psychological violence or sexual violence that will inflict either losses or injury in any way upon the child” and outlines that children who have experienced violence shall be considered as those needing care and protection.^[2]

Chapter XVII, addressing Children and Armed Conflict, was a new addition to the 2019 version of the Law. As outlined in this chapter, to respect, protect and fulfil the rights of children affected by armed conflict, governmental departments and organizations, armed forces, as well as armed groups are required to take possible measures to:

1. Prevent acts of physical, psychological and sexual violence against children within the State’s territory.
2. Treat children first and foremost as victims to prioritize the best interest of the child.
3. Ensure the prosecution of those responsible for committing any of the grave violations.
4. Ensure that the children displaced due to armed conflict have access to basic services.
5. Implement information dissemination strategies to raise awareness amongst civilians of the chapter’s provisions.

Furthermore, the Law prohibits “forced or mandatory recruitment of children to be used in armed conflict” by State and non-state armed groups as the worst form of child labour,^[3] and requires parties to take all possible measures against the recruitment of those under 18 years of age and to facilitate their discharge (para. 3(t), 48(a), 60(c), 63 and 64).^[4]

Recognizing the severe impact of armed conflict on children, paragraphs 60(h) and 62 of the Law guarantees their right to receive immediate and appropriate assistance following their release from armed forces and groups. Children also have the right to be exempt from arrest and detention for any reason or confinement in camps.

While the new Child Rights Law offers more protection for children in armed conflict, there are, however, exceptions for the Tatmadaw (Myanmar armed forces) that weaken the accountability framework. When violations against children involve Tatmadaw personnel, the Law mandates transferring the proceedings to military jurisdiction.^[5] Additionally, section 65 enables schools, academies, and universities established and operated by Tatmadaw to bypass bans on child recruitment, thus potentially enabling enrollment, training and involvement of individuals under 18 in military service without violating the Law.

Regarding implementation and effectiveness, the Myanmar armed forces, along with related forces and affiliated militias^[6], have been listed in the Annual Report of the Secretary-General on Children and Armed Conflict for recruiting and using children since 2003, with the exception of 2004, 2008, and 2020. Furthermore, the Special Rapporteur on the situation of human rights in Myanmar has indicated receiving various reports that the recruitment and use of children by the Myanmar military has increased since the military’s coup on February 1, 2021.^[7]

The 2024 United Nations Secretary-General’s annual report on children and armed conflict highlighted a worsening situation in Myanmar, with 2,799 violations against children, and a 123 per cent increase in grave violations against children. Of these violations, 85.2 per cent were committed by the Myanmar armed forces,^[8] including related forces and affiliated militias, despite the existence of the Child Rights Law and a joint action plan signed by the government and the United Nations in 2012 to end and prevent the recruitment and use of children by the Tatmadaw Kyi.

^[1]International Labour Organization (ILO), Unofficial Translation: The Child Rights Law, 2020, p. 1, Chapter I, para. 3(b), https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/109405/MMR109405.pdf.

^[2]International Labour Organization (ILO), Unofficial Translation: The Child Rights Law, 2020, p. 14 Chapter XVI, para.56, https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/109405/MMR109405.pdf.

^[3] Under the Worst Forms of Child Labour Convention, Article 3(a) notes “forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict” as one of the worst forms of child labour.

^[4]  International Labour Organization (ILO), Myanmar: Legal Review of National Laws and Regulations Related to Child Labour in Light of International Standards 2020, 2021, https://www.ilo.org/sites/default/files/wcmsp5/groups/public/%40asia/%40ro-bangkok/%40ilo-yangon/documents/publication/wcms_841109.pdf.

^[5] International Labour Organization (ILO), Unofficial Translation: The Child Rights Law, 2020, pp. 15-16, Chapter XVII, para. 60(d) and 65, https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/109405/MMR109405.pdf.

^[6] Listed as “Tatmadaw Kyi” from 2003 until 2010 (except 2004 and 2008), and “Tatmadaw Kyi, including integrated border guard forces” from 2011 until 2022, “Myanmar armed forces” in 2023, and “Myanmar armed forces, including related forces and affiliated militias” in 2024, to align with other United Nations reporting.

^[7] Office of the High Commissioner for Human Rights, Conference Room Paper of the Special Rapporteur, “Losing a Generation: How the military junta is attacking Myanmar’s children and stealing their future,” A/HRC/50/CRP.1, June 13, 2022, para. 61, https://www.ohchr.org/en/documents/thematic-reports/ahrc50crp1-conference-room-paper-special-rapporteur-losing-generation

^[8]United Nations, Annual Report of the Secretary-General for Children and Armed Conflict, A/78/842-S/2024/384, June 3, 2024, p. 2, para. 8, https://undocs.org/en/S/2024/384.