Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

With reference to its observation, the Committee notes the comments raised by the International Trade Union Confederation (ITUC) in relation to a number of provisions of the Labour Organization Act.

Article 2 of the Convention. Right of workers to establish organizations. The Committee observes in particular the concerns raised by the ITUC in relation to the minimum membership requirement to form a workers’ organization at various levels. The Committee recalls that while a minimum membership requirement is not in itself incompatible with the Convention, the number should be fixed in a reasonable manner so that the establishment of organizations is not hindered. Given the specific cases raised where workers were seriously challenged in their capacity to form organizations under the requirements set out in section 4 of the Act, the Committee requests the Government to review these requirements with the workers’ and employers’ organizations concerned with a view to their amendment so that the simple act of forming an organization is not subject to unreasonable requirements. The Committee recalls that the assistance of the ILO is available in this regard.

The Committee observes that the ITUC has raised a number of other queries in relation to the meaning of certain terms in the legislation such as trade or activity, especially as regards the possibilities for workers’ organizations, federations or confederations at regional/township or state level to represent workers in different trades or activities and requests the Government to provide its observations in this regard.

Article 3. Right of workers’ organizations to organize their activities. Observing the concerns raised by the ITUC in its comments, the Committee requests the Government to clarify that section 54 of the Act only penalizes criminal action aimed at inducing workers to join unions and is not broadly applied to affect the normal exercise of workers’ organizations during a trade union campaign.

The Committee observes the concerns raised by the ITUC in relation to the requirement that a majority of workers vote for strike action to be undertaken, and requests the Government to confirm that this concerns the majority of those voting, in order to ensure that this does not create an excessive obstacle to the undertaking of industrial action. It further requests the Government to confirm more generally that workers’ organizations may carry out actions in protest of the economic and social policy of the Government, and that sympathy action is protected in the event that the initial action is legitimate.

In this regard, the Committee notes the adoption of Act No. 15 on the right to peaceful assembly and peaceful procession, which sets out the requirements for requesting a permit to carry out a peaceful procession. The Committee notes that the Act appears to leave the granting of permission up to the discretionary decision of the authority responsible, does not refer to a right to peaceful demonstration and does not allow appeal to the courts against a denial. The Committee considers that to the extent to which this Act would cover demonstrations called by workers’ or employers’ organizations with respect to general economic and social policy of the Government, the restrictions should not be unreasonable nor barred from appeal to an independent judiciary. The Committee further observes that certain provisions of the Act restrict in a broad manner the speech or actions of demonstrators, which could give rise to an application in practice that is contrary to the Convention. The Committee therefore requests the Government to review in particular sections 8(d), 9(c) and 12(c) and (f) of the Act with a view to their amendment so as to ensure that they do not obstruct the exercise of fundamental rights and basic civil liberties.

The Committee notes the comments made by the International Organisation of Employers (IOE) on the right to strike in a communication dated 29 August 2012, which are dealt with in the General Report of the Committee.