Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

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

In reply to the Committee's observation, the Government wishes to indicate that the Trade Union Act is the one among the existing labour laws which have now been redrafted to meet the new trends prevailing in this country. With the enactment of these new labour 1aws, trade union rights will prevail within a new framework.

In addition, a Government representative stated that in July of last year his Government had formed a body composed of nine members named the Central Council for Legislative Studies. This Council will examine laws which need to be repealed or amended, including labour laws. As a result, new labour legislation will be promulgated which reflects the changes occurring in the country, and is in conformity with the Convention. In addition, he stated that in conformity with Declaration No. 11/92 of 24 April 1992, his Government will meet the elected representatives of Parliament to decide on the convocation of a national Convention which will establish the fundamental principles for the drafting of a Constitution that would be the basis for a multi-party democratic system. The new Constitution will incorporate the rights of all workers to form their own independent trade unions in conformity with the democratic system.

The Workers' members stated that they understood that, according to the information provided by the Government representative, Parliament should soon deal with the problems raised by the Committee of Experts and would correct the single trade union monopoly situation. Moreover, they recalled that the Committee had dealt with this problem since 1989. They emphasised that although the Committee of Experts had not received the report, it had taken note of the written information supplied by the Government, as well as the long discussion which had been carried out in the Committee in 1991. At that time the groups were in agreement that the Government needed to take measures to eliminate the trade union monopoly, and to establish the possibility that trade union pluralism could be adopted by granting workers freedom of choice. This did not necessarily mean that the workers must form several trade unions. Neither pluralism nor a single trade union system could be legally imposed, but rather remained a matter of free choice.

The Employers' members stated that once more they shared the opinion held by the Workers' members. They recalled that the Government had already indicated, during preceding discussions, that the trade union monopoly provided for in the law no longer applied in practice. However, the Workers' members hoped for the official elimination of this legal obligation, as was appropriately requested by the Committee. The Government had indicated that in the light of the political changes that had occurred in the country, the single party system would be eliminated and, as a result, free choice of a trade union system would be introduced. The Workers' members stated that now it was a matter of insisting on the modification of the national legislation. They stated that the written information provided constituted a brief comment on Convention No. 87, which indicated that the text of the relevant Act was being prepared. The implementation of this new legislation would re-establish trade union rights. Nevertheless, in their opinion it was indispensable that the Government provide to the Committee more details on the subject and, above all, the texts of this new Act. Moreover, there remained the question of the date of entry into force of this Act.

A Workers' member of Japan stated that the case of Myanmar was very serious. He recalled long discussions which had taken place on the subject of Myanmar in this Committee last year. Since then, no progress had been made despite the assurance given by the Government representative. In the meantime, the available information on this subject referred to the extreme degree of atrocities and the unprecedented escalation of violations of human rights committed by the military regime. He stated that, according to the statement of the Government representative, the abolition of the single party system had resulted in the end of the single trade union. However, on the basis of available information, he noted that no progress had been made, but rather there had been a change from a State with a single party to a State without any party. In the same manner, there had been a change from a single trade union system to a system characterised by a lack of any trade union. He drew the attention of the Committee to the fact that the Workers' member of Myanmar did not represent any workers' organisation, which in itself clearly illustrated that there was an absence of a trade union in the country, as well as the total and complete absence of trade union freedom. For these reasons, the case of Myanmar deserved to be included in a special paragraph of the report so that it would draw the attention of the entire Conference as well as of the world.

The Workers' member of Greece pointed out to the Committee that the Government representative first had made a statement of denial in respect of Convention No. 29, and then made a statement regarding what it would do in the future in respect of Convention No. 87. However, he reiterated the question already raised by the Employers' members as to when the actions referred to would actually take place.

The Government representative recalled his previous intervention in which he had indicated that the Government was meeting with the elected representatives of all the political parties. He stated that his country was actively committed to a multi-party democracy and market-oriented economy. Measures had been taken to attain this goal, including the guarantee of freedom of association. Democratisation of the country was a long process which required preparation and time. The Government wished to return to a democratic multi-party system because it wanted to have the collaboration of workers and employers who had been granted the right to organise freely. The Government representative recalled that his country was experiencing a period of transition towards democracy, and asked that his Government be given more time to obtain results.

The Workers' members clarified that the availability of the choice of trade union pluralism was an obligation derived from the Convention that had nothing to do with the political situation. They considered that, taking into account the report of the Committee of Experts and the present discussion, it should demand that the Government take prompt action to correct this situation at the legislative level.

The Committee took due note of the information given by the Government. It understood that the Government was in the process of amending the legislation with a view to lifting the legal restrictions on the freedom of workers to be members of unions of their own choosing. However, it was not clear how far the Government's intentions had materialised in this respect. It therefore strongly urged the Government to bring a Bill to the effect mentioned before Parliament, as soon as possible, and send a copy of the same to the ILO at the same time.