Military Instruction / Circular No. 1/131 Ye 1 (Ka): October 2, 1997

Myanmar, a member of the International Labour Organization (ILO) since 1948, ratified the Forced Labour Convention, 1930 (No. 29) in 1955. Article 2(1) of Convention No. 29 defines forced or compulsory labour as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.”^[1]

One of the ways that Convention No. 29 is applied in practice is through military Instruction / Circular 1/131/Ye 1 (Ka)—dated October 2, 1997—which prohibits forced military recruitment. It requires verification that new recruits join voluntarily, mandates the return of individuals recruited against their will to their guardians, and calls for appropriate action against offenders who contravene military instructions.^[2]Regarding implementation and effectiveness, Article 359 of the Myanmar Constitution may undermine the prohibition of involuntary recruitment in this military Circular, as it exempts “duties assigned by the Union in accord with the law in the interest of the public” from the prohibition of forced labour (Chapter VIII).^[3] The ILO warns that this Article may be interpreted as permitting the generalized exaction of forced labour and recommends an amendment to comply with Convention No. 29.^[4]

While noting the issuance of such military directives, the United Nations Secretary-General has expressed concern over their limited impact on the reduction in the use of children.^[5] Additionally, Human Rights Watch (HRW) interviews conducted in 2007 with former soldiers, including commanders and a military clerk, revealed no awareness of military directives on the issue of child recruitment.^[6]

The provisions prohibiting recruitment and use of children under this Circular have also been undermined following the activation of the People’s Military Service Law in February 2024. While the law does not allow the conscription of individuals under 18, HRW has reported over 1,000 Rohingya Muslim men and boys being abducted and forcibly recruited in Rakhine State since February.^[7] In March 2024, the United Nations Secretary-General also expressed concerns over the reports of forced recruitment of youths in Rakhine State, including Rohingya, and the potential impact that forced conscription can have on communities and human rights.^[8]

^[1] International Labour Organization, Forced Labour Convention, 1930 (No. 29), June 28, 1930, https://www.ohchr.org/en/instruments-mechanisms/instruments/forced-labour-convention-1930-no-29.

^[2] United Nations Security Council, Letter Dated 19 January 2004 from the Permanent Representative of Myanmar to the United Nations Addressed to the President of the Security Council, S/2004/51, January 20, 2004, 1, https://digitallibrary.un.org/record/515049/files/S_2004_51-EN.pdf.

^[3] Constituent Assembly, Constitution of the Republic of the Union of Myanmar, September 2008, Chapter VIII, Article 359, https://www.myanmar-law-library.org/IMG/pdf/constitution_de_2008.pdf.

^[4] Committee on the Application of Standards, Individual Case (CAS) – Discussion: 2019, Publication: 108th ILC session,  2019, https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13101:0::NO:13101:P13101_COMMENT_ID:2132983.

^[5]United Nations, Annual Report of the Secretary-General for Children and Armed Conflict, A/75/873–S/2021/437, May 6, 2021, p. 18, para. 131, https://undocs.org/en/S/2021/437.

^[6]Human Rights Watch, Sold to Be Soldiers: The Recruitment and Use of Child Soldiers in Burma, 2007, https://www.hrw.org/reports/2007/burma1007/burma1007.htm.

^[7] Human Rights Watch, Myanmar: Military Forcibly Recruiting Rohingya, April 9, 2024, https://www.hrw.org/news/2024/04/10/myanmar-military-forcibly-recruiting-rohingya.

^[8] United Nations, Secretary-General Deeply Concerned by Deteriorating Situation, Escalating Conflict in Myanmar, Condemns All Violence, Reiterates Call for Civilian Protection, SG/SM/22167, March 18, 2024, https://press.un.org/en/2024/sgsm22167.doc.htm.