Constitution of the Union of the Republic of Myanmar

The Constitution of the Union of the Republic of Myanmar was adopted in 2008 by the State Peace and Development Council (SPDC) and was formally ratified following a national referendum.

Under article 359 of Myanmar’s 2008 Constitution, “the Union prohibits forced labour except…duties assigned by the Union in accord with the law in the interest of the public.”^[1]

According to the International Labour Organization’s (ILO) Committee of Experts on the Application of Conventions and Recommendations (CEACR), Article 359 could be interpreted to allow exaction of forced labour from the population, including children. To align with the Convention, CEACR recommends an amendment to article 359. In 2020, a proposal was made before Myanmar’s Assembly of the Union to amend the provision, however, the proposal could not secure the necessary votes for approval.^[2]

^[1] State Peace and Development Council (SPDC), Constitution of the Union of the Republic of Myanmar, 2008, p. 151, https://www.myanmar-law-library.org/IMG/pdf/constitution_de_2008.pdf.

^[2] International Labour Organization (ILO), Myanmar: Legal Review of National Laws and Regulations Related to Child Labour in Light of International Standards 2020, 2021, pp. 26-27, https://www.ilo.org/sites/default/files/wcmsp5/groups/public/%40asia/%40ro-bangkok/%40ilo-yangon/documents/publication/wcms_841109.pdf.