Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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 Trade Union Confederation (ITUC) in a communication received on 1 September 2017, concerning the application of the Convention, as well as that of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) (not ratified by Myanmar). In particular, the Committee notes that the ITUC raises concerns about the numerous obstacles to the development of a robust trade union movement and provides a number of examples. The Committee further notes the Government’s detailed reply in relation to the cases raised.

Civil liberties. In its previous comments, the Committee requested the Government to provide information on developments in the legislative review relating to peaceful assemblies. The Committee notes the Government’s indication that a new Law on the Right to Peaceful Assembly and Peaceful Procession was adopted on 4 October 2016 and is in full conformity with citizens’ rights and democratic standards, requiring only 24-hour advance notification and repealing sanction provisions. The Committee observes, however, that the Chapter on Rules and the corresponding Chapter on Offences and Penalties might still give rise to serious restrictions of the right of organizations to carry out their activities without interference. The Committee requests the Government to provide information on the manner in which this law is applied and any sanctions issued.

Labour law reform process. The Committee recalls that in its previous comments it had requested the Government to provide information on the progress made in labour law reform. The Committee notes the information provided in the Government’s latest report that a draft law to amend the Settlement of Labour Disputes Law was discussed with the tripartite partners at the Labour Law Reform Technical Working Group held on 22 July 2017. The Government adds that the penalties in the law are being reviewed and amendments drafted. Capacity-building activities have also been held. The Committee notes, however, the ITUC’s observations which, while acknowledging the initial steps taken by the Government to embark upon labour law reform on the basis of tripartite consultation, express concerns about this process, citing the Government’s refusal to fully share proposed texts and resistance to addressing major flaws. The ITUC further fears the possibility that amendments proposed by the Government may actually worsen the current legislative framework, referring in particular to views expressed by the Government that informal workers should not have the right to organize, while in fact tens of thousands of workers have already formed unions under the 2011 Labour Organization Law (LOL). Given that the Government has not provided any further details on which provisions of the LOL or the Settlement of Labour Disputes Law it is intending to amend nor has it provided any draft texts, the Committee expects that the Government will take into account the Committee’s previous comments as recalled below in the reform process, and requests the Government to provide detailed information on the progress made in this regard in its next report.

Article 2 of the Convention. Right of workers to establish organizations. In its previous comments, the Committee had observed that while a minimum number of workers was necessary to form a trade union, it was additionally 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 once again requests the Government to take steps to review the 10 per cent membership requirement with the social partners concerned, with a view to amending section 4 of the LOL so that workers may form and join organizations of their own choosing without hindrance. It further requests the Government once again to indicate the outcome of any review of the impact of the pyramidal structure set out in this section and any measures taken to ensure that the right of workers to form and join organizations of their own choosing is not hindered in practice.

Article 3. Right of workers’ organizations to elect their officers freely. The Committee recalls its previous comments concerning certain restrictions for eligibility to trade union office set out in the Rules to the LOL, including the obligation to have been working in the same trade or activity for at least six months and the obligation for foreign workers to have met a residency requirement of five years. The Committee trusts that these requirements will be reviewed within the framework of the legislative reform process in consultation with the social partners so as to ensure the right of workers to elect their officers freely, and requests the Government to indicate the measures taken or envisaged to amend Rule 5.

Special economic zones (SEZs). The Committee notes the Government’s reply to the ITUC’s observations concerning the SEZ Law of 2014. The Committee recalls that the ITUC had indicated that the procedures for dispute settlement in the zones were more cumbersome than outside and that labour inspector powers were delegated to SEZ management bodies. The Committee notes the Government’s indication that the labour inspectorate can coordinate and cooperate with the concerned SEZ management committees to have jurisdiction in accordance with labour laws and that the LOL and the Settlement of Labour Disputes Law can be enforced in the SEZs. The Committee once again requests the Government to take any necessary measures to guarantee fully the rights under the Convention to workers in SEZs, including by ensuring that the SEZ Law does not contradict the application of the LOL and the Settlement of Labour Disputes Law in the SEZs. It further requests the Government to provide detailed practical information on the manner in which disputes in the SEZs are settled, and to provide relevant statistics concerning labour inspection in the SEZs, including the number of SEZ inspections carried out by labour inspectors, any violations detected, and the nature and number of sanctions.

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