Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes the observations made by the International Organisation of Employers (IOE) in a communication received on 1 September 2016, which are of a general nature. The Committee also notes the observations made by the International Trade Union Confederation (ITUC) in communications received on 31 August and 26 September 2016, concerning the application of this Convention, as well as that of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), (not ratified by Myanmar), and the Government’s reply thereto. In particular, the Committee notes that the ITUC raises concerns about the difficulties encountered by unionists when organizing and the non-deterrent nature of any sanctions imposed. For its part, the Government refers to a recent increase in penalty for anti-union acts and the current review of the Settlement of Labour Dispute Law. In particular, the Government indicates that, at a Stakeholders Forum on Labour Law Reform and Institutional Capacity Building, it was agreed to amend the Labour Organization Law (LOL), the Settlement of Labour Disputes Law and the Employment and Skill Development Law as first priority. The Committee further notes the decision of the Governing Body at its 328th Session (November 2016) welcoming the steps taken by the Government to reform labour laws, promote freedom of association and institutionalize social dialogue (GB.328/INS/9). The Committee requests the Government to provide information on the progress made in the Labour Law Reform and as to any further amendments to the Settlement of Labour Dispute Law.

Civil liberties. In its previous comments, the Committee requested the Government to provide information on developments of the legislative review relating to peaceful assemblies. The Committee notes that the amended Right to Peaceful Assembly and Peaceful Procession Law was enacted on 24 June 2014. The refusal of such assemblies was deleted from Chapter 4 and penalties for violations were reduced. The Government adds that the Ministry of Home Affairs is making efforts to withdraw the amended Law and discussions and consultations are taking place in Parliament for the enactment of a new law. The Committee requests the Government to provide information on any developments in this regard.

Article 2 of the Convention. Right of workers to establish organizations. In its previous comments, the Committee observed that a minimum number of workers was necessary to form a trade union, but additionally it was necessary to show affiliation of 10 per cent of the workers in the trade or activity in order to establish a basic labour organization. The Committee notes that the ITUC once again raises concerns about the impact that this double requirement has on organizing in large enterprises and hopes that the Government will take them fully into account within the framework of the Labour Law Reform. The Committee requests the Government once again to take steps to review, with the social partners concerned, the 10 per cent membership requirement with a view to amending section 4 of the LOL so that workers may form and join the organizations of their own choosing without hindrance.

The Committee further notes the concerns raised by the ITUC in relation to the trade union structure established in law which requires minimum affiliation at each level, rendering organizing particularly difficult. The Committee notes the information provided by the Government that there are currently 2,204 employers’ and workers’ organizations, including 2,036 basic labour organizations and 28 basic employer organizations, 115 township labour organizations and one township employer organization, 14 regional or state labour organizations, eight labour federations and one employer federation and one labour confederation. The Committee once again requests the Government to review the structure set out in section 4 of the LOL, with the social partners concerned, with a view to ensuring that the right of workers to form and join organizations of their own choosing is not hindered in practice.

Special economic zones (SEZs). The Committee notes the ITUC observations concerning the Special Economic Zone Law of 2014 and its provisions which state that it supersedes any existing laws. The ITUC adds that the procedures for dispute settlement in the zones are more cumbersome than outside and that labour inspector powers are delegated to SEZ management bodies. The Committee requests the Government to provide its detailed comments in this regard and to take any necessary measures to guarantee fully the rights under the Convention to workers in SEZs.

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