Observación (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Myanmar (Ratificación : 1955)

The Committee notes the observations of the International Organisation of Employers (IOE) received on 29 August 2025, which are of a general nature. The Committee also notes the observations of the International Trade Union Confederation (ITUC) received on 3 September 2025 and the reply of the military authorities thereto, as well as to the 2024 ITUC observations. The Committee notes that the latest ITUC observations express alarm at the climate of repression, fear and violence under the military rule and supplement previously raised concerns as to severe and widespread violations of civil liberties and fundamental human and labour rights, arbitrary arrests and continued detention and ill-treatment of trade unionists, systematic stigmatization and surveillance of independent trade unions and interference in their internal affairs, as well as the absence of labour law enforcement, which are reported to inhibit the exercise of freedom of association. The ITUC also denounces arbitrary arrests of ten trade unionists from the Solidarity Trade Union of Myanmar (STUM) in July 2025, confiscation of union material and crackdown on freedom of association in several factories. The Committee notes with deep concern these repeated reports of severe suppression of civil liberties, repression and detention of trade unionists and interference with the independent trade union movement, which were also observed by the International Labour Conference, the Governing Body and the Committee on Freedom of Association (Case No. 3405, 411th Report, June 2025, paragraphs 459–463, 466–467 and 469). The Committee notes that, in reply to these and prior ITUC observations, the military authorities refute many of the concerns raised, reiterate that there is no restriction on freedom of association in the country, assert that labour disputes are resolved through the existing dispute settlement mechanisms and indicate that four unionists, including those mentioned by the ITUC, were granted pardon on humanitarian and benevolent considerations and released from detention in October 2025. While taking note of these assertions, the Committee urges that further concrete measures be taken to address the serious concerns raised by the ITUC, including the immediate release of any trade unionists still detained or imprisoned for having exercised their trade union rights protected under the Convention, and 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, in a climate of complete security, without interference and in full independence from the authorities.

Follow-up to the recommendations of the Commission of Inquiry (complaint made under article 26 of the Constitution of the ILO)

The Committee recalls that the Commission of Inquiry established by the Governing Body to examine the non-observance by Myanmar of this Convention and the Forced Labour Convention, 1930 (No. 29), issued its report on 4 August 2023. The Committee notes that, at its 113th Session (June 2025), the International Labour Conference, upon proposal by the Governing Body and in view of the lack of any sign by the military authorities of meaningful acknowledgement of the recommendations of the Commission of Inquiry or any action taken for their implementation, adopted the Resolution concerning the measures recommended by the Governing Body under article 33 of the ILO Constitution on the subject of Myanmar. The Committee observes that the resolution foresees measures aimed at securing compliance by Myanmar with the recommendations of the Commission of Inquiry and invites ILO constituents and the Director-General to take a number of concrete steps in this regard. The resolution also urges the Myanmar military authorities to engage without further delay in good faith implementation of the recommendations of the Commission of Inquiry and subsequent recommendations of the supervisory bodies of the ILO, with a view to securing a climate promoting freedom of association and the elimination of all forms of forced labour.

The Committee further observes that, at its 355th Session (November 2025), the Governing Body discussed the follow-up to the article 33 resolution and the recommendations of the Commission of Inquiry (GB.355/INS/11(Rev.1)) and noted with utmost concern the continued absence of any concrete action towards the implementation of the recommendations of the Commission of Inquiry. The Governing Body observed that, besides the conditional release of three unionists, reports received by the Office documented escalating violence against the civilian population, new restrictions of civil liberties, increased military surveillance, a general climate of trade union repression, new arbitrary arrests, continued detention and ill-treatment of trade unionists and continued interference in the internal affairs of independent trade unions, which resulted in practice in a quasi-total suppression of basic civil liberties and legitimate trade union activities. Having noted that this situation attested to an environment in which the recommendations of the Commission of Inquiry had not been implemented and the exercise of freedom of association continued to be seriously restricted, the Governing Body repeated its call for Myanmar to end immediately all acts of violence, the arbitrary arrest, detention and torture of trade unionists and to ensure the immediate and unconditional release of those detained without resorting to section 401 of the Code of Criminal Procedure. It also called on the military authorities to ensure that employers’ and workers’ organizations are able to exercise their rights in a climate of freedom and security, free from violence, arbitrary arrest and detention, by means of the full implementation of the recommendations of the Commission of Inquiry, which include the revocation of any military orders, legislative or other measures, decreed since February 2021 and identified as restricting freedom of association and the basic civil liberties of trade unionists.

The Committee observes with deep concern the above information which indicates the authorities’ continued denial of the seriousness of the situation affecting civil liberties and freedom of association in the country, and the total lack of progress regarding the Committee’s previous comments and the recommendations of the Commission of Inquiry, despite regular follow-up of the issues by the ILO supervisory mechanisms, the Governing Body and the International Labour Conference. Given the urgency and the gravity of the situation, the Committee strongly urges the military authorities to give due consideration to the Committee’s previous and current comments and to implement without delay the recommendations of the Commission of Inquiry calling for the cessation or reversal of any measures or actions that violate the Convention. The Committee requests information to be provided on all steps taken in this regard and will address these, as well as the pending issues from its previous comments, at its next examination of Myanmar’s compliance with the Convention.

[The Government is asked to reply in full to the present comments in 2026 .]