Interim Report - Report No 411, June 2025

Case No 3405 (Myanmar) - Complaint date: 05-MAR-21 - Active

Allegations: The complaint contains grave allegations of continuing attacks by the military authorities against trade unionists, workers and civil servants who are calling for the return to civilian rule following the coup d’état in Myanmar on 1 February 2021. The allegations include intimidation and threats against trade unionists, workers and civil servants to ensure their return to work and to renounce their participation in the Civil Disobedience Movement, suspension from posts and use of striker replacements, withdrawal of benefits and professional competency certificates, police lists of workers and trade unionists for arrest, imprisonment and detention and numerous deaths following interventions by the military and police forces in peaceful protests, including the torture and killing of union leaders. The allegations also concern anti-union attacks and attempts at dismantling the independent trade union movement in the country

1. 440. The Committee last examined this case (submitted in March 2021) at its May–June 2024 meeting, when it presented an interim report to the Governing Body [see 407th Report, paras 268–311, approved by the Governing Body at its 351st Session]. 
2. 441. The International Trade Union Confederation (ITUC) provided additional allegations in communications dated 24 February and 7 May 2025.
3. 442. The State Administration Council (SAC) Ministry of Labour and the Permanent Mission in Geneva provided a reply in communications dated 6 March, 15 April and 28 May 2025.
4. 443. Myanmar has ratified Convention No. 87 but has not ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 444. At its May–June 2024 meeting, the Committee made the following recommendations [see 407th Report, para. 311]:
   • (a) The Committee urges the military authorities to desist from any and all acts of retaliation against any individual or organization which provided information to the Commission of Inquiry or continues to engage in the ILO procedures ensuring follow-up to the Commission’s recommendations.
   • (b) The Committee recalls its previous recommendation that steps be taken without delay to ensure the immediate release of trade unionists and workers arrested or detained for action in relation to the restoration of their trade union rights and democracy in the country, as well as the call on the military authorities to ensure the release of Thet Hnin Aung, and requests to be informed of all steps taken to this end and a copy of the judgment against Thet Hnin Aung.
   • (c) The Committee once again urges the responsible military authorities to cease immediately the ongoing use of violence against workers and trade unionists participating in peaceful protesters and to have independent investigations carried out into the allegations of violence against them workers and trade unionists with a view to determining responsibilities and punishing the perpetrators. The Committee requests detailed information on the steps taken in this regard and the outcome of the investigations. The Committee, further noting the issue of revocation of citizenship of trade unionists raised in the conclusions of the Committee on the Application of Standards and the Commission of Inquiry recommendations, calls on the military authorities to reinstate citizenship to the trade unionists and workers concerned and to indicate the steps taken in this regard.
   • (d) The Committee once again firmly urges the repeal and amendment of section 505-A of the Penal Code, section 124 of the Criminal Code, section 38(c) of the Electronic Transaction Act (ETA), the withdrawal of the surveillance powers that were restored to the wards and villages under the amended Ward or Village-tract Administration Law and the withdrawal of the declaration of the trade unions declared as unlawful so as to ensure full respect for the basic civil liberties necessary for the exercise of freedom of association so that workers’ and employers’ organizations can carry out their activities and functions without threat of intimidation or harm and in a climate of complete security.
   • (e) The Committee calls on the responsible authorities to continue to take steps to ensure the reinstatement of all remaining civil servants, healthcare workers and teachers dismissed or suspended for their participation in the CDM and to restore any benefits that may have been withdrawn.
   • (f) Recalling the importance of ensuring a climate for the full exercise of freedom of association for all workers in the public and private sectors, the Committee once again calls on Myanmar to take the appropriate steps in this regard and to keep it informed of the specific measures taken.
   • (g) The Committee urges the military authorities to fully recognize the critical importance of ensuring these rights and freedoms to the workers and employers of the country as a necessary prerequisite for the restoration of democracy and the exercise of trade union activities and to take all necessary steps to create a climate where freedom of association can be fully and meaningfully restored in Myanmar.
   • (h) Noting with deep regret the failure of the military authorities to implement the recommendations of the Commission of Inquiry and of this Committee and the continuing situation of extreme violence and repression in the country, the Committee draws the Governing Body’s attention to the extreme seriousness and urgency of this case so that it may consider any further measures to secure compliance therewith.

B. The complainant’s new allegations

1. 445. In its communications dated 24 February and 7 May 2025, the ITUC submits supplemental information on the situation of freedom of association in the country, alleging a deteriorating environment for the exercise of labour rights and continued escalation of violence. The ITUC alleges that the military has taken no steps to implement the recommendations of the Commission of Inquiry, the resolution of the International Labour Conference or the decisions of the Governing Body and has instead resorted to the use of more lethal weapons and indiscriminate killing of civilians, including workers and unionists. It claims that the environment has become extremely dangerous for trade unionists and labour rights activists who are labelled as supporters of terrorism, the People’s Defence Force (PDF) or foreign agents. In the complainant’s view, this amounts to retaliation for their calling for a restoration of democracy and an attack on their freedom of expression. The complainant also reports increased restrictions on the freedom of movement of individuals within the conscription age range, increasing practices of forced labour and human trafficking, the continued use of martial law, the prosecution and imprisonment of several journalists, the raiding of the offices of a welfare association, an increase in the use of torture against detained human rights defenders and trade unionists, sexual violence against prisoners in interrogation centres, prisons and other detention sites, as well as continued criminalization of civil liberties. In this regard, the complainant denounces the arrest of Naing Lin Aung, a youth activist who was organizing demonstrations calling for the adoption of measures under article 33 of the ILO Constitution for the implementation of the Commission of Inquiry recommendations; he remains incommunicado since his arrest at the end of March 2025.
2. 446. The complainant further reports extreme cruelty and grave negligence by the SAC in responding to the earthquake that hit Myanmar at the end of March 2025, alleging continuous, deliberate and indiscriminate aerial bombings of civilian areas, despite a military-declared ceasefire, as well as systematic obstruction of rescues, including through the imposition of additional restrictions on freedom of expression, imposition of curfews, heightened security checks and confiscation of aid material. There were instances where trade unionists attempting to join the rescue efforts were stopped by the military and asked whether they were supporters of the armed resistance groups or the Civil Disobedience Movement (CDM). According to the complainant, this situation has caused imminent threat to the lives and activities of the remaining independent unionists, human rights defenders and humanitarian actors residing in the attacked regions and has accelerated the risks and challenges for trade unions to provide services and support their members, including with regard to serious labour rights violations at the workplace.
3. 447. In particular, the complainant alleges that the executive committee members of the Confederation of Trade Unions Myanmar (CTUM) remain under arrest warrants with their passports or citizenship voided. Out of the 151 CTUM members who had been arrested for carrying out union activities or taking part in public protests, 65 remain in detention and 2 died, including Kaung Khant Kyaw, member of the Hinthada Teachers’ Union, who was executed. Kyaw Naing Oo and Paing Thae Oo from the Taungoo Teachers’ Union in Bago region were sentenced to life imprisonment for having allegedly joined the PDFs. A further 8 unionists detained at the Oh Bo prison in Mandalay are reported to have been killed during the March 2025 earthquake. The complainant further alleges that Thet Hnin Aung, General Secretary of the Myanmar Industry, Crafts and Services Trade Union Federation (MICS-TUsF), who had been sentenced to seven years’ imprisonment with hard labour on fabricated charges of terrorism, after having previously served two years in prison, has been tortured in detention and locked up incommunicado. After he disclosed the prison conditions to the International Committee of the Red Cross (ICRC) in December 2024, he was further beaten and confined to an extremely small cell. It is alleged that following visits by the EU delegation and the ILO Liaison Officer, he has not been allowed further visits from the outside world. Khine Thinzar Aye, the CTUM communications chief, also spoke about the torture and sexual abuse to which she was subjected during military interrogation, after she was released from prison in June 2024, and she has now fled to ethnic-controlled areas to escape military surveillance and to resume, as much as possible, her trade union work (a document containing details on the arrested and detained unionists was submitted to the Committee but was requested to be kept confidential to protect the concerned individuals from retaliation).
4. 448. The complainant further alleges a systematic smearing campaign against the CTUM and its leadership, including against those seeking refuge outside the country, as well as its affiliates, and considers that this amounts to an anti-union attack ultimately aimed at taking over the CTUM by cloning it into a “yellow” union and an agency of the State. It states that, in February 2025, the military authorities supported the establishment by former leaders of the CTUM and of the Industrial Workers Federation of Myanmar (IWFM) of a parallel trade union confederation with the same name as the CTUM in Burmese, so as to hold trade union meetings and spread false information about CTUM and IWFM leaders. At the beginning of February, the former Vice-President of the CTUM who had resigned immediately after the military coup, convened a meeting disguised as a fake CTUM congress and announced 5 new CTUM executive committee members and 23 new central committee members from a pre-determined list of individuals who had no knowledge about it (the invitation to the congress, the list of individuals and a photograph of the meeting were provided by the complainant). Similarly, in January 2025, the former president of the Mining Workers Federation of Myanmar (MWFM), affiliated to the IWFM, purported to convene a labour law training workshop in Yangon and converted it into a fake congress, in contravention of the union’s constitution and in the absence of a decision to this effect from the IWFM leadership, with a staged election of 15 pro-military individuals to replace the incumbent IWFM central committee members. According to the complainant, workers were forced to attend these meetings under pressure from their employers following a request to this effect from the SAC Ministry of Labour and were given “ballots” to “re-elect” trade union executives under military coercion and surveillance. They were thus forced into organizations under the control of the military or of businesses which are themselves under the influence of the military. The complainant adds in this regard that in more than 360 complaints of labour rights violations that occurred in garment factories between January and December 2024 and were received by the IWFM, their members were unable to be represented by a trade union of their choice (a detailed list of the incidents was provided, disaggregated by factory and country of brand).
5. 449. It is further alleged that martial law remains in place and continues to restrict civil liberties and labour rights. In addition, since May 2024, the Ministry of Transport and Communications has blocked the use of personal data protection and social media applications by individuals, including virtual private networks (VPNs), Signal, Facebook, X, Instagram and WhatsApp. A new law, the Cybersecurity Law No. 1/2025, which came into force in January 2025, puts into effect the ban on unapproved usage and more stringent licensing measures and also stipulates penalties of up to six months’ imprisonment for the use of VPNs and up to two years for acts of transmission of unwanted and unsolicited messages, emails or data via a network, including reading, sorting and sharing articles from media outlets or groups banned or labelled as terrorist. Digital service and platform providers are required to keep the personal data of its customers and share them with the authorities upon request. According to the complainant, the law undermines freedom of expression and seriously affects the communications, service provisions and activities of trade unions within and outside Myanmar, in particular since trade unionists that have rejected the military coup and refused to cooperate with the military are labelled as part of the PDF. These unions nevertheless continue to operate underground and to monitor labour rights violations.

C. The reply from Myanmar

1. 450. In communications dated 6 March, 15 April and 28 May 2025, the Permanent Mission transmits information from the SAC Ministry of Labour in response to the additional allegations from the complainant and the Committee’s previous recommendations. It is stated that the Ministry of Labour is committed to upholding and adhering to freedom of association, acts as the registrar under the Labour Organization Law, 2011 and has not prohibited or hindered activities of labour organizations. In line with this law, the right to form a labour organization, the right to join as a member, the right to hold independent funds, the right to freely draft its own organizational rules, the right to freely elect executive members and matters relating to removal from office and resignation can be carried out in accordance with the law and the constitution of the relevant labour organization. Issues arising between members of a labour organization can be resolved in accordance with the law. Between October 2024 and March 2025, 64 new workers’ organizations were formed, showing that Myanmar practises freedom of association and does not prohibit workers’ organizations. To ensure that workers fully enjoy their labour rights, they can file complaints with the respective labour offices and, in addition, the Ministry of Labour actively monitors labour-related demands on social media and dispatches teams to conduct field investigations and provide timely resolution. In the post-earthquake situation, the Ministry of Labour engaged in verification of safety of factories and arranged for workers to be transferred where necessary and for those affected by factory closure to receive financial benefits.
2. 451. It is further indicated, concerning action taken against individuals for allegedly exercising labour rights and engaging in activities for the restoration of democracy, including peaceful demonstrations, that no union member has been arrested, had cases filed against them or subjected to violence for exercising their labour rights in accordance with the law. Actions have only been taken against individuals cooperating with armed organizations, carrying out destructive activities and undermining national stability, which is unrelated to their labour activities. Similarly, only organizations which are not registered in accordance with the law are declared illegal. Civil servants removed from their positions since February 2021 in accordance with civil service regulations for unauthorized absence, including desertion from civil service due to being threatened by terrorist groups or subjected to criticism on social media, can report to the relevant ministry; 7,904 such civil servants have already been reappointed to their positions. Furthermore, while Myanmar is currently under a state of emergency and necessary amendments have been made to certain laws for security purposes, labour related laws have not been amended.
3. 452. With regard to the status of the CTUM, it is indicated that the organization was lawfully registered in 2015 and its executive committee composed of 29 members was elected in February 2020; its term expired in February 2022. Among the total of 3,116 organizations that received registration certificates since 2011, the only one which was registered at the highest level as a Myanmar labour confederation was the CTUM. However, it suspended its participation in tripartite mechanisms, issued statements of support to the National Unity Government, which had been declared a terrorist group, and some of its leaders, including the President, have not participated in labour matters since February 2021. This shows that they have acted against ILO principles and have deviated from their intended purpose by not carrying out organizational affairs of the labour organization despite holding a registration certificate. Furthermore, the President, Treasurer and Secretary live illegally abroad and have not provided an account of organizational assets and funds, which were requested by CTUM members in the country. These members reported that the organization lacked leadership, its structure collapsed and its duties could therefore not be carried out. The CTUM as such, has not been dissolved, but since the CTUM lacked effective leadership and as some of its leaders were involved under section 124-A of the Penal Code, and to facilitate continued resolution of the organization’s property and financial matters raised by the workers, the remaining CTUM leaders within the country convened a congress on 6 February 2025, during which a central committee and an executive committee were elected. The formation and election of the new CTUM leadership was conducted by workers through a free and fair election, in line with the Labour Organization Law and the organization’s constitution. The CTUM, with its newly elected executive members, is therefore not a parallel organization but rather the same organization with the vacant executive committee members replaced. On 10 February 2025, the executive committee reported that it was carrying out the duties of the organization.
4. 453. With regard to the situation of the MICS-TUsF General Secretary, in response to the ILO’s request to meet with him, the Ministry of Labour obtained permission from the relevant authorities and facilitated a meeting with the Liaison Officer on 25 February 2025. He was also visited by the Ambassador of the European Union in January 2025, has access to adequate medical care and also received 11 family visits up to November 2024.
5. 454. Concerning other individuals mentioned by the ITUC, the reply from the military authorities confirms that unionists Kyaw Naing Oo and Paing Thae Oo are serving a prison sentence based on charges under section 54 of the Counter-Terrorism Law and that Khine Thinzar Aye, the CTUM communications chief, was sentenced to three years of imprisonment for intending to cause fear, spreading false information and inciting to commit crime; she was released in April 2024 upon completion of her sentence. According to the military authorities, there is no record of unionist Kaung Khant Kyaw being sentenced to death. Details are also provided on the sentences against several journalists who were charged under the Counter-Terrorism Law for gathering military information from terrorist groups and disseminating false news.
6. 455. Detailed information is further provided on steps taken to eliminate forced labour, including the applicable legislation and regulations prohibiting forced labour, awareness-raising programmes and training seminars on forced labour and human trafficking, setting-up of billboards and distribution of pamphlets, the functioning of the National Complaints Mechanism, preventive measures to verify the age of military recruits to avoid underage recruitment and prison visits by the ICRC.
7. 456. It is also reported that while some so-called workers who are self-exiled demand the imposition of measures under article 33 of the ILO Constitution, real workers living in Myanmar are opposed to this and show it by way of demonstrations. Nai Lin Aung, the youth activist mentioned by the ITUC, was charged under section 505-A of the Penal Code for his unlawful activities and is on trial at the Insein Township Court. The reply reiterates the invitation previously extended to the ILO to conduct a high-level visit to the country to ensure that the ILO is aware of the situation on the ground regarding Conventions Nos 87 and the Forced Labour Convention, 1930 (No. 29).

D. The Committee’s conclusions

1. 457. The Committee recalls that the serious allegations in this case concern continuing attacks by the military authorities against trade unionists, workers and civil servants calling for the return to civilian rule following the coup d’état in Myanmar on 1 February 2021. The grave allegations include killing, torture and other acts of brutality, numerous arrests, imprisonment, detention, intimidation and threats against workers and trade unionists who oppose the military regime, including for participation in peaceful protests, and retaliation through dismissals, suspensions, use of striker replacements and withdrawal of benefits. The allegations also refer to serious restrictions on the basic civil liberties of trade unionists and continued attempts by the military authorities to discredit and dismantle independent trade unions.
2. 458. The Committee further recalls from its previous examination of the case that the Commission of Inquiry appointed by the Governing Body to examine the non-observance by Myanmar of Conventions Nos 87 and 29 established, in its August 2023 report, that, in the light of the gravity of the issues raised, the situation and the progress achieved on its recommendations should be the subject of active supervision by the ILO supervisory bodies concerned. The Committee recalls in this regard that a large part of the Commission’s recommendations are relevant to the matters addressed in the case before it, namely, the call on the military authorities to: immediately cease all forms of violence, including gender-based violence, torture and other inhumane treatment against trade union leaders and members and other persons in relation to the exercise of legitimate workers’ or employers’ activities; revoke all military orders or other measures, decreed since February 2021 and identified as restricting freedom of association and the basic civil liberties of trade unionists; revoke the withdrawal of citizenship and return travel documents to the trade union leaders and members concerned without delay; and end all forms of interference in the establishment, administration and functioning of trade unions at all levels, including interference in the election of trade union leadership, labour dispute resolution, conduct of collective action and administrative dissolution or suspension of trade unions. The Committee notes in this regard, the latest allegations submitted by the complainant which point to a failure by the military authorities to implement the recommendations of the Commission of Inquiry and observes that, at its 353rd Session (March 2025), the Governing Body noted with utmost concern the continued absence of any concrete action towards the implementation of the recommendations of the Commission of Inquiry and reiterated its previous decision to place on the agenda of the 113th Session (June 2025) of the International Labour Conference an item concerning measures under article 33 of the ILO Constitution to secure compliance by Myanmar with the recommendations of the Commission of Inquiry. The Committee also notes the views expressed by the SAC Ministry of Labour, according to which only some “so-called workers who are in self-exile” militate for the imposition of measures under article 33 while “real workers” within the country are opposed to it. The Committee observes with concern the complainant’s allegations in this regard that a youth activist demonstrating for measures to be taken under article 33 of the ILO Constitution for the implementation of the Commission of Inquiry recommendations was arrested and remains incommunicado, and notes the reply from the military authorities confirming that he was charged under section 505-A of the Penal Code and is currently on trial. While the imposition of measures under article 33 of the ILO Constitution to secure compliance with the recommendations of the Commission of Inquiry falls within the competence of the International Labour Conference, it touches directly on the matters addressed in the case before it and the Committee will therefore follow the institutional developments in this regard.
3. 459. With regard to its own previous recommendations, in particular concerning the steps to ensure the immediate release of trade unionists and workers arrested or detained for action in relation to the restoration of their trade union rights and democracy in the country, including the General Secretary of the MICS–TUsF (recommendation (b)), the Committee notes the complainant’s additional allegations that the arrest warrants against the CTUM leadership are still pending, that at least 65 trade unionists continue to be imprisoned, including 2 sentenced to life imprisonment, that there are reports of serious allegations of torture, sexual violence and other abuses in detention and that 8 unionists detained at the Oh Bo prison in Mandalay were killed during the March 2025 earthquake. In particular, the Committee notes with deep concern the allegations that Khine Thinzar Aye, the CTUM communications chief, was subjected to torture and sexual violence when interrogated by the military forces and that Thet Hnin Aung, the MICS–TUsF General Secretary, remains detained and has been tortured and locked up incommunicado, including as retaliation for having disclosed his prison conditions to the ICRC. The Committee regrets to observe that the only information provided by the military authorities in this regard refers to the release of Khine Thinzar Aye following the completion of her sentence in April 2024 and to prison visits conducted by the Ambassador of the European Union and the ILO Liaison Officer to the MICS-TUsF General Secretary in January and February 2025, respectively, which were facilitated by the SAC Ministry of Labour. The military authorities fail to provide a copy of the judgment sentencing the MICS-TUsF General Secretary, previously requested by the Committee, which could shed further light on the precise nature of his condemnation, as well as the circumstances of his trial. Neither do they address the extremely serious allegation that he has been mistreated, including as retaliation for exposing prison conditions or the allegation that 65 trade unionists continue to be detained and that prisoners, including trade unionists, report instances of torture and sexual violence. The military authorities simply indicate that the MICS-TUsF General Secretary has access to adequate medical care, confirm that Kyaw Naing Oo and Paing Thae Oo are currently serving their sentence and reiterate that no union member has been arrested or had cases filed against them for simply exercising labour rights or engaging in activities for the restoration of democracy.
4. 460. Deeply concerned by these disturbing allegations and in the absence of any concrete or meaningful reply from the military authorities refuting them, the Committee must recall that the detention of trade unionists for reasons connected with their activities in defence of the interests of workers constitutes a serious interference with civil liberties in general and with trade union rights in particular. It is not possible for a stable industrial relations system to function harmoniously in the country as long as trade unionists are subject to arrests and detentions [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, paras 123 and 127]. Furthermore, the Committee has considered that detained trade unionists, like all other persons, should enjoy the guarantees enunciated in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights according to which all persons deprived of their liberty must be treated with humanity and with respect for the inherent dignity of the human person [see Compilation, para. 110]. If allegations of torture or ill-treatment in detention are raised, concrete and appropriate measures should be taken to apply effective sanctions and give precise instructions to the relevant officials to ensure that no detainee is subjected to such treatment. In light of the above and further recalling the ILO Governing Body’s repeated call on the military authorities to immediately end the arbitrary arrest, detention and torture of trade unionists in the exercise of their human rights and to ensure the immediate release of those detained, the Committee urges for steps to be taken without delay to ensure the immediate release of trade unionists and workers arrested or detained for action in relation to the restoration of their trade union rights and democracy in the country, including Thet Hnin Aung, the MICS-TUsF General Secretary, and Naing Lin Aung, the recently arrested youth activist. The Committee requests to be informed of concrete steps taken in this regard and to provide a copy of the judgment against Thet Hnin Aung. The Committee also calls on the military authorities to take all necessary measures to ensure that, pending release, detained workers and unionists are treated with dignity and are not subjected to any form of physical or mental abuse.
5. 461. With regard to the use of violence against workers and trade unionists participating in peaceful protests and independent investigations into allegations of violence (recommendation (c)), the Committee notes with deep concern the additional information from the complainant alleging a deteriorating environment for the exercise of labour rights, in particular, an increased use of lethal weapons against civilians, including workers and unionists who are labelled as supporters of terrorism, the PDF or foreign agents. The Committee regrets to observe the total lack of information from the military authorities in this respect, besides affirming that they consider some CTUM leaders as associated with groups declared by the military as terrorist and reiterating that no union member has been subjected to violence for exercising their labour rights. The Committee understands, from the information provided by the complainant, as well as publicly available information, that the continued widespread and extreme violence in the country not only affects the civilian population in general but also workers and trade unionists in particular, seriously restricting unions’ ability to engage in legitimate activities. The Committee must therefore recall that a genuinely free and independent trade union movement cannot develop in a climate of violence and uncertainty. The exercise of trade union rights is incompatible with violence or threats of any kind and it is for the authorities to investigate without delay and, if necessary, penalize any act of this kind. Blanket linkages of trade unions to an insurgency have a stigmatizing effect and often place union leaders and members in a situation of extreme insecurity [see Compilation, paras 86, 88 and 93]. In line with the above, the Committee once again urges the responsible military authorities to immediately cease the ongoing use of violence against workers and trade unionists participating in peaceful protests or otherwise engaged in legitimate trade union activities and to have independent investigations carried out into the allegations of violence against them with a view to determining responsibilities and punishing the perpetrators. The Committee requests to be informed of all steps taken in this regard and the outcome of the investigations.
6. 462. Regarding steps to reinstate citizenship to the trade unionists and workers concerned (recommendation (c)), the Committee notes with concern the complainant’s allegations that the citizenship or passports of the CTUM leadership remain void and that, in addition to these measures, the military authorities have been engaged in continuing attacks and a smearing campaign against the CTUM aimed at discrediting the organization and interfering in its internal affairs, as well as those of other independent trade unions. In this regard, the complainant alleges that the military authorities supported the establishment of a parallel trade union confederation with the same name as the CTUM in Burmese and that fake congresses were organized at which workers were asked, under military coercion and surveillance, to elect new CTUM and IWFM leadership from a pre-determined list of pro-military individuals to replace the incumbent leadership (relevant documents were submitted to the Committee but were requested to be kept confidential). The complainant raises concerns that this anti-union attack aims at taking over independent trade unions and turning them into an agency of the State and that workers are forced into organizations that are under the control or influence of the military or businesses that are themselves under the influence of the military. The Committee observes that while the military authorities do not contest that a congress was held in February 2025 to elect new CTUM leadership, they refute the allegation that this creates a parallel organization. Instead, they assert that the new CTUM leadership was elected on the request of CTUM members who considered that the organization’s structure had collapsed and lacked leadership. According to the military authorities, some CTUM leaders, including the President, have not participated in labour matters since February 2021, have deviated from their intended purpose by failing to carry out organizational affairs, acted against ILO principles and failed to provide an account of the organization’s assets, as requested by CTUM members in the country. They assert that the new leaders were therefore elected through free and fair elections, in line with the applicable legislation and the organization’s constitution, to fill the vacant executive and central committee positions and to allow the CTUM to continue to carry out its duties. Regarding the confiscation of passports or citizenship of trade unionists, the military authorities reiterate that actions have only been taken against individuals cooperating with armed organizations engaged in destructive activities and undermining national stability, unrelated to labour activities.
7. 463. The Committee must recall that the current situation, in which numerous trade unionists, including CTUM leaders, were forced to flee the country or go into hiding for fear of their lives because of their opposition to the forceful imposition of a military regime, stems directly from the February 2021 coup d’état conducted by the military authorities. The Committee therefore considers that this situation cannot be used by these same authorities to justify the unionists’ perceived lack of engagement in trade union affairs or as a valid argument for replacement of CTUM leadership, especially considering that, according to the information available to the Committee, the CTUM leaders remain active in servicing their members and engaging in union activities in various territories across the State and to the extent permitted by the current context. Further, given the worrying allegations of military support and involvement in the process, the Committee must recall that any interference by the authorities and the political party in power concerning the presidency of the central trade union organization in a country is incompatible with the principle that organizations shall have the right to elect their representatives in full freedom. The presence during trade union elections of the authorities is liable to infringe freedom of association and, in particular, to be incompatible with the principle that workers’ and employers’ organizations shall have the right to elect their representatives in full freedom, and that the public authorities should refrain from any interference which would restrict this right or impede the lawful exercise thereof [see Compilation, paras 638 and 646]. In light of the above, emphasizing the importance of trade unions remaining independent not only from employers and their organizations but also from the authorities, the Committee, like the Commission of Inquiry, urges the military authorities to immediately cease any action that can be reasonably considered as interference in the internal affairs of independent trade unions, including support for the organization of elections or replacement of executive committee members. The Committee also calls once again on the military authorities to reinstate citizenship and return passports to the trade unionists and workers concerned, to cease any other action that is perceived as an anti-union attack or campaign against independent unions and to indicate the steps taken in this regard.
8. 464. Regarding steps to ensure the reinstatement of all remaining civil servants, healthcare workers and teachers dismissed or suspended for their participation in the CDM and to restore any benefits that may have been withdrawn (recommendation (e)), the Committee has previously recalled that for the contribution of trade unions and employers’ organizations to be properly useful and credible, they must be able to carry out their activities in a climate of freedom and security. This implies that, in so far as they may consider that they do not have the basic freedom to fulfil their mission directly, trade unions and employers’ organizations would be justified in demanding that these freedoms and the right to exercise them be recognized and that these demands be considered as coming within the scope of legitimate trade union activities [see Compilation, para. 75]. Taking note of the reiterated information that, following their suspensions for unauthorized absence, 7,904 civil servants have since been reinstated, the Committee calls once again on the responsible authorities to continue to take steps to ensure the reinstatement of all remaining civil servants, healthcare workers and teachers dismissed or suspended for their participation in the CDM and to restore any benefits that may have been withdrawn.
9. 465. Concerning the repeal and amendment of sections 124 and 505-A of the Penal Code and section 38(c) of the Electronic Transaction Act (ETA), the withdrawal of the surveillance powers that were restored to the wards and villages under the amended Ward or Village-tract Administration Law, and the withdrawal of the declaration that made certain trade unions unlawful (recommendation (d)), the Committee notes with regret the complainant’s allegations that no concrete steps were taken to repeal or amend the above provisions and observes that the military authorities themselves refer to the use of sections 124-A and 505-A of the Penal Code against trade unionists (section 124-A was amended post-military coup to penalize acts of causing hatred, contempt or dissatisfaction towards the defence services and their personnel while section 505-A was newly introduced and establishes the crime of causing fear, spreading false news or agitating a crime against a Government employee). While the military authorities further assert that amendments have only been made to national laws for security purposes, since the country is in a state of emergency, the complainant alleges that additional measures were taken by the military authorities to restrict basic civil liberties and, in particular, freedom of expression. The Committee notes that since May 2024 the use of personal data protection and social media applications by individuals has been prohibited and that the newly adopted Cybersecurity Law No. 1/2025 puts into effect the ban on unapproved usage and stipulates penalties of imprisonment of up to six months for the use of VPNs and up to two years for transmission of unwanted or unsolicited data via a network, including from media or groups labelled as terrorists. Observing that, according to the complainant, these new measures seriously restrict the already limited exercise of trade union rights in the country, including communication and provision of union services, the Committee must recall that freedom of opinion and expression and, in particular, the right not to be penalized for one’s opinions, is an essential corollary of freedom of association, and workers, employers and their organizations should enjoy freedom of opinion and expression in their meetings, publications and in the course of their trade union activities. The authorities threatening to press criminal charges in response to legitimate opinions of trade union representatives may have an intimidating and detrimental effect on the exercise of trade union rights [see Compilation, paras 235 and 237]. In view of the above, the Committee urges the repeal of the newly adopted Cybersecurity Law No. 1/2025 and of any other measures that unduly restrict the exercise of freedom of opinion and expression, including excessive penalties. In view of the total lack of action in this regard, and in the same vein as the Commission of Inquiry and the ILO Governing Body, the Committee once again firmly urges the repeal and amendment of sections 124 and 505-A of the Penal Code and section 38(c) of the ETA, the withdrawal of the surveillance powers that were restored to the wards and villages under the amended Ward or Village-tract Administration Law, and the withdrawal of the declaration making certain trade unions unlawful so as to ensure full respect for the basic civil liberties necessary for the exercise of freedom of association so that workers’ and employers’ organizations can carry out their activities and functions without threat of intimidation or harm and in a climate of complete security.
10. 466. With regard to ensuring a climate conducive to the full exercise of freedom of association for all workers and employers and recognizing the critical importance of civil liberties as a necessary prerequisite for the exercise of trade union activities (recommendations (f) and (g)), the Committee notes with deep concern the complainant’s allegations of a deteriorating environment for the exercise of labour rights since its last examination of the case, with the environment having become extremely dangerous for trade unionists and labour rights activists who are labelled as supporters of terrorism, the PDF or foreign agents, the use of torture and sexual abuse in detention, the continued application of martial law and increased restrictions on basic civil liberties, which the Committee understands have practically inhibited the legitimate exercise of trade union rights in the country and have led to a denial of any possible protection of the civil liberties necessary for workers and employers to be able to carry out their activities in a climate of complete freedom and security. Contrary to these concerns, the military authorities express commitment to upholding and adhering to freedom of association and assert that Myanmar practises freedom of association, that the Ministry of Labour has not hindered activities of labour organizations and monitors labour-related demands and that 64 new workers’ organizations were formed since October 2024. While taking note of these general assertions, the Committee observes that the military authorities omit to address the persistent concerns about severe restrictions on basic civil liberties hindering the exercise of trade union rights and do not elaborate on any concrete measures taken to remedy these restrictions. In these circumstances, recalling the repeated calls of the ILO Governing Body on the military authorities to ensure that employer’s and workers’ organizations are able to exercise their rights in a climate of freedom and security, the Committee must once again call on Myanmar to give the highest priority to ensuring respect for basic civil liberties of workers and employers, which are a prerequisite for the exercise of freedom of association, and to take all the necessary measures to create a climate where freedom of association can be fully and meaningfully restored in Myanmar. The Committee also once again urges the military authorities to desist from any and all acts of retaliation against any individual or organization which provided information to the Commission of Inquiry or continues to engage in the ILO procedures ensuring follow-up to the Commission’s recommendations.
11. 467. In conclusion, the Committee expresses the deepest regret at the human and material losses caused by the earthquake that occurred in central Myanmar at the end of March 2025 and recognizes the disastrous consequences it has had on the lives, health and well-being of the population. The Committee extends condolences to the people of Myanmar and expresses its support for and solidarity with the people. The Committee notes with deep concern the latest information provided by the complainant alleging continuous, deliberate and indiscriminate aerial bombings of civilian areas in the aftermath of the earthquake, despite a military-declared ceasefire, as well as systematic obstruction of rescues, causing imminent threat to the lives and activities of the remaining independent unionists. In these circumstances, the Committee urges the military authorities to immediately cease all violence against civilians and trade unionists exercising their legitimate civil liberties and freedom of association rights. It also urges rapid and genuine implementation of its recommendations, as well as those of the Commission of Inquiry, which it considers would constitute a significant contribution to the efforts to rebuild the country and ensure an environment conducive to the full exercise of freedom of association.
12. 468. Noting with deep regret the continued failure of the military authorities to implement the recommendations of the Commission of Inquiry and of this Committee, as well as the continuing situation of extreme violence and repression in the country, the Committee draws the Governing Body’s attention to the serious and urgent nature of this case.

The Committee’s recommendations

1. 469. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee urges for steps to be taken without delay to ensure the immediate release of trade unionists and workers arrested or detained for action in relation to the restoration of their trade union rights and democracy in the country, including Thet Hnin Aung, the General Secretary of the Myanmar Industry, Crafts and Services Trade Union Federation (MICS-TUsF), and Naing Lin Aung, the recently arrested youth activist. The Committee requests to be informed of concrete steps taken in this regard and to provide a copy of the judgment against Thet Hnin Aung. The Committee also calls on the military authorities to take all necessary measures to ensure that, pending release, detained workers and unionists are treated with dignity and are not subjected to any form of physical or mental abuse.
   • (b) The Committee once again urges the responsible military authorities to immediately cease the ongoing use of violence against workers and trade unionists participating in peaceful protests or otherwise engaged in legitimate trade union activities and to have independent investigations carried out into the allegations of violence against them with a view to determining responsibilities and punishing the perpetrators. The Committee requests to be informed of all steps taken in this regard and the outcome of the investigations.
   • (c) The Committee urges the military authorities to immediately cease any action that can be reasonably considered as interference in the internal affairs of independent trade unions, including support for the organization of elections or replacement of executive committee members. The Committee also calls once again on the military authorities to reinstate citizenship and return passports to the trade unionists and workers concerned, to cease any other action that is perceived as an anti-union attack or campaign against independent unions and to indicate the steps taken in this regard.
   • (d) The Committee calls once again on the responsible authorities to continue to take steps to ensure the reinstatement of all remaining civil servants, healthcare workers and teachers dismissed or suspended for their participation in the civil disobedience movement (CDM) and to restore any benefits that may have been withdrawn.
   • (e) The Committee urges the repeal of the newly adopted Cybersecurity Law No. 1/2025 and of any other measures that unduly restrict the exercise of freedom of opinion and expression, including excessive penalties. The Committee once again firmly urges the repeal and amendment of sections 124 and 505-A of the Penal Code and section 38(c) of the Electronic Transaction Act (ETA), the withdrawal of the surveillance powers that were restored to the wards and villages under the amended Ward or Village-tract Administration Law, and the withdrawal of the declaration making certain trade unions unlawful so as to ensure full respect for the basic civil liberties necessary for the exercise of freedom of association so that workers’ and employers’ organizations can carry out their activities and functions without threat of intimidation or harm and in a climate of complete security.
   • (f) The Committee must once again call on Myanmar to give the highest priority to ensuring respect for basic civil liberties of workers and employers, which are a prerequisite for the exercise of freedom of association, and to take all the necessary measures to create a climate where freedom of association can be fully and meaningfully restored in Myanmar. The Committee also once again urges the military authorities to desist from any and all acts of retaliation against any individual or organization which provided information to the Commission of Inquiry or continues to engage in the ILO procedures ensuring follow-up to the Commission’s recommendations.
   • (g) Expressing its deep regret and condolences for the human and material losses caused by the earthquake that occurred in central Myanmar at the end of March 2025, the Committee urges rapid and genuine implementation of these recommendations, as well as those of the Commission of Inquiry, as a significant contribution to the efforts to rebuild the country and ensure an environment conducive to the full exercise of freedom of association. Deeply concerned by the allegations of continuous and deliberate attacks against civilian areas in the aftermath of the earthquake, the Committee urges the military authorities to immediately cease all violence against civilians and trade unionists exercising their legitimate civil liberties and freedom of association rights.
   • (h) Noting with deep regret the continued failure of the military authorities to implement the recommendations of the Commission of Inquiry and of this Committee, as well as the continuing situation of extreme violence and repression in the country, the Committee draws the Governing Body’s attention to the serious and urgent nature of this case.