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Burma

Section 7. Worker Rights

b. Prohibition of Forced or Compulsory Labor

Laws prohibit all forms of forced or compulsory labor and provide for the punishment of persons who impose forced labor on others, but the government did not effectively enforce the law.

The law provides for criminal penalties for forced labor violations; penalties differ depending on whether the military, the government, or a private citizen committed the violation. Prosecution of military perpetrators occurs under either the military or penal code. Civilian perpetrators may be subject to administrative action or criminal proceedings under the penal code. The maximum penalty under the penal code is 12 months in prison; under the military code it is seven years in prison. International observers deemed the penalties sufficient to deter forced labor.

The government continued to implement some aspects of the ILO action plan to eliminate forced labor and in January extended the Supplementary Understanding with the ILO, which provides for a complaint mechanism for victims of forced labor through the end of the year. The government also signed a memorandum of understanding with the ILO in January to create an action plan to eliminate forced labor, which provides for an additional complaint mechanism as well as training and awareness-raising activities on forced labor.

The ILO reported it continued to receive complaints of forced labor, although the number was decreasing overall. Though the military and the government received complaints logged by the complaints mechanism, there was no evidence that they took enforcement action to address concerns. There was no evidence that the government prosecuted soldiers in civilian courts for recruitment or use of child soldiers.

Reports of forced labor occurred across the country, including in conflict and cease-fire areas, and the prevalence was higher in states with significant armed conflict. Forced labor reports included forced portering and activities related to the military’s “self-reliance” policy. Under the self-reliance policy, military battalions are responsible for procuring their own food and labor supplies from local villagers–a major factor contributing to forced labor and other abuses.

Prisoners in the country’s 48 labor camps engaged in forced labor (see section 1.c., Prison and Detention Center Conditions).

The ILO received reports of forced labor in the private sector, including excessive overtime with or without compensation by workers at risk of losing their jobs and also by bonded labor. Domestic workers also remained at risk of domestic servitude.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

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U.S. Department of State

The Lessons of 1989: Freedom and Our Future