Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

The Committee takes note of the Government's report as well as the written and oral information provided to the Conference Committee in June 1994 and the detailed discussion which took place there. It further notes with concern the conclusions of the Committee on Freedom of Association in Case No. 1752 (295th Report, paragraphs 87-119, approved by the Governing Body at its 261st Session, November 1994) concerning restrictions on the right of seafarers to form an independent trade union for the defence of their basic rights and interests and on their right to affiliate to an international federation, evidence of yet another example of the manner in which freedom of association is denied in Myanmar.

The Committee notes from the Government's report that the National Convention convened to adopt basic principles for framing the new Constitution is still in progress. The Government further indicates that elaborations pertaining to labour issues, including the right of association for workers, shall be made in due course.

The Committee notes that a mission from the ILO was recently in Myanmar with a view to continuing the dialogue on measures to be taken to bring the country's law and practice into conformity with the Convention.

The Committee recalls in this regard that it has been commenting upon the serious incompatibilities between the Government's law and practice, on the one hand, and the Convention, on the other hand, for 40 years. It therefore expresses the firm hope that, with the assistance of the ILO, the Government will take the necessary measures in the very near future to ensure that new legislation is introduced to allow all workers without distinction whatsoever to establish and, subject only to the rules of the organization concerned, to join first-level unions, federations and confederations of their own choosing for furthering and defending their interests, without previous authorization, and to ensure the right of any such first-level union, federation or confederation to affiliate with international organizations, in order to bring its law and practice into full conformity with the requirements of Articles 2, 5 and 6 of the Convention. It requests the Government to report in detail on the progress made in this regard and to send a copy of any relevant draft legislation with is next report.

[The Government is asked to supply full particulars to the Conference at its 82nd Session.]