Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Myanmar (Ratification: 1955)

The Committee notes the Government's reply to its previous comments.

The Committee recalls that for many years it has been raising the question of the trade union monopoly established under section 9 of Act No. 6 of 1964, as amended, and under sections 2 and 6(b) of Regulation No. 5 of 1976. These provisions clearly establish a single union structure, and prevent workers from establishing other organisations outside that structure. This is inconsistent with Articles 2, 5 and 6 of the Convention, which require that all workers should have the right freely to associate for trade union purposes, including the establishment of federations and confederations.

In its previous reports the Government has indicated that, following disappointments with pluralistic trade union structures in the past, the workers themselves decided to introduce a single trade union structure. It was not, therefore, imposed by law. From the Government's point of view, this has the consequence that the current system could only be modified with the consent of the workers, who had not yet put forward any proposals to this effect.

The Government had, on several occasions, indicated that the legislation does not prevent workers from establishing other associations if they so choose. As evidence of this, it referred to the fact that various groups of professional workers had established associations on their own account. Apparently, these included doctors, nurses, actors and writers. In its previous comment the Committee had asked the Government to provide further information as to the nature of these associations and the activities in which they could engage. In its report the Government indicates that major political changes are currently under way in Burma. In particular, the former single-party system is in the process of being transformed into a multi-party system. These changes have caused the Government to conclude that there would be no point in making a detailed reply in respect of a situation which no longer exists. The Government also expresses the hope that these changes will mean that in its future reports it will be able to demonstrate full conformity with the requirements of the Convention.

In view of these changes, and of the Government's stated preparedness to respect its obligations under the Convention, the Committee trusts that it will indeed take appropriate steps to bring its legislation into conformity with the Convention, and in particular with Article 2 thereof. The Committee also reminds the Government that the technical and advisory resources of the Office remain at its disposal if required.