Observation (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)

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 31 August 2012 which, while raising certain concerns about specific provisions in the recently adopted legislation, observes that there have been a number of welcome and positive developments in the freedom of association situation in Myanmar.

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.

The Committee observes that, at its 316th Session, the ILO Governing Body decided to take no further action on the complaint under article 26 of the Constitution, which had been pending in relation to the application of this Convention.

Legislative framework. In its previous comments, the Committee noted with interest the enactment, by the President, of the Labour Organizations Law and expressed its firm expectation that it would come into force immediately and be applied in practice so as to ensure to all workers in the country the long-awaited legal framework in which they may exercise the rights set out in the Convention. The Committee notes with satisfaction that the Labour Organization Law came into force on 9 March 2012 and, from the latest Government communication, there are now 264 basic labour organizations, one labour federation and 12 basic employers' organizations registered under the Law. The Committee further notes with interest the enactment of the Settlement of Labour Dispute Law on 28 March 2012 and the issuance of the corresponding Rules on 26 April 2012. The Committee notes with satisfaction that the adoption of this law has given rise to the repeal of the 1929 Trade Disputes Act, upon which the Committee has been commenting for many years. The Committee further notes with interest the statement in the Government’s report that Order No. 2/1988 concerning the prohibition of unlawful assembly and unlawful procession is contrary to article 354 of the Constitution and the recently promulgated Law No. 15 on the right to peaceful assembly and peaceful procession and therefore no longer has the force of law. As regards Order No. 6/1988 relating to the forming of organizations, the Government indicates that, since the entry into force of the Labour Organization Law and Law No. 15, this is only operative with respect to social organizations. The Committee therefore trusts that Order No. 6 will no longer be applicable in any way to workers’ and employers’ organizations within the meaning of the Convention.

As regards the provisions of the new legislation, the Committee had requested the Government in its previous comments to indicate whether more than one confederation could be formed and recognized under the Labour Organization Law and further requested the Government to indicate the steps taken to amend sections 26 and 40(b) so as to ensure the right of all workers’ organizations, including at the basic level, to organize their activities and formulate their programmes in full freedom. The Committee notes with interest that a Chief Technical Adviser on freedom of association joined the liaison office in June 2012 and that he has been actively engaged with the Government, workers’ and employers’ organizations, to raise awareness of freedom of association rights and assist the parties in applying the newly adopted laws in a manner compatible with freedom of association principles. The Committee requests the Government to review these provisions with the social partners and the ILO so as to ensure that they are applied in practice in full conformity with the Convention and amended where necessary and to indicate the steps taken in this regard.

Civil liberties. The Committee notes with satisfaction the release of Thurein Aung, Wai Lin, Nyi Nyi Zaw, Kyaw Kyaw, Kyaw Win and Myo Min, and numerous other persons detained for exercising their basic civil liberties and freedom of association rights. The Committee requests the Government to indicate whether Naw Bey Bey and Nyo Win, previously referred to in its comments, have been released.

The Committee notes the Government’s statement that the Unlawful Association Act of 1908 does not hinder workers’ freedom of association but rather punishes acts of terrorism. The Committee further notes the concerns expressed by the ITUC in relation to the ambiguous status of Declaration No. 1/2006. The Committee trusts that Declaration No. 1/2006 no longer has any legal force, especially in light of the recent return to the country of leaders and members of the Federation of Trade Unions of Burma and requests the Government to confirm this understanding.

The Committee is raising other points in a request addressed directly to the Government.