Cas individuel (CAS) - Discussion : 1989, Publication : 76ème session CIT (1989)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Myanmar (Ratification: 1955)

A Government representative indicated that his country had undergone drastic changes recently in the political, economic and administrative system. The single party system had been abandoned in accordance with the wishes of the people. The concomitant changes, reforms and restructuring were presently in full swing in all sectors of life in the country namely, political, economic and social spheres. Plans had been already adopted and a specific timetable had been drawn up for the holding of a free and fair general election on multi-party system within a few months time. All necessary preparations were being made in that direction. As a matter of fact, over 200 political parties had been formed and duly registered with the General Election Commission and they were expected to participate in the forthcoming elections.

Thus, there no longer existed the situation about which the Committee had expressed certain misgivings in regard to the present Convention. In the meanwhile, during this extremely delicate period of transition, marked by drastic reforms and restructuring, the existing labour laws afforded adequate protection to workers of their basic rights. The Ministry of Labour and its administrative organs were keeping very close watch on all matters concerning the interest and welfare of workers. It may also be emphasised that there existed no legislation whatsoever which prevented workers from forming associations to look after their legitimate common interest.

The prospective scenario of labour organizations and movements in Burma could accordingly be no other than the one that is in tune or harmony with the multiparty democratic system and hence in conformity with Convention No. 87.

The Workers' members stated that there would not be a long discussion because Burma had sent its reports. Furthermore, the political, economic and social changes permitted hope that the Convention would be fully applied. The declarations of the Government representative concerning the constitution of several political parties and the possibility for workers to form one or many trade union organisations permitted hope that the Act No. 6 of 1964, and, in particular section 9 (which imposed a single union structure), would be amended. It would be useful to specify the date by which these amendments should be made in order to assure that they would result in a proper application of the Convention.

The Employers' members indicated that the trade union monopoly laid down in law was an obstacle to freedom of association, and therefore, to application of the Convention. As in many other cases, the Government maintained that this monopoly was based upon the will of the workers themselves. None the less, the Employers' members considered that the will of these persons did not constitute a reason for establishing such a monopoly in the legislation. The declarations made by the Government representative were somewhat vague; it seemed that different rules would be established if a different will were to become known. In any event, trade union monopoly should be eliminated from the legislation.

With regard to the political changes which would lead to a multi-party system, the present Committee could not examine these political questions, but could affirm that a single party system often goes hand-in-hand with a single union system. In fact, there was a correlation between these two systems and therefore it was hoped that the end of a single party system would also lead to the end of the single union system. The Workers' members would be grateful if they could observe progress in the near future in legislation, as well as in practice.

The Government representative described the political changes which had taken place in this country. The single party system and the single union system no longer existed. With regard to the economic plan, a mixed economy come into practice. As concerns the social climate, the democratic way was being pursued. The fact that two political parties had set up trade unions proved that workers now enjoy freedom of association.

The Workers' members observed that it was not the political parties that it was necessary to give authorisation to set up trade union organisations; this was a worker's right and it was preferable that a trade union not be attached to a political party, nor created by such a party. In this regard, the Office could clarify the meaning that must be given to the forming of free trade union organisations.

The Committee took note of the information communicated by the Government representative.

The Committee noted the will expressed by the Government to comply with its obligations stemming from the Convention.

The Committee also noted that certain specific measures were adopted to remedy the divergencies existing between national legislation and practice on the one hand, and the Convention on the other, but that this legislation had not yet been adopted.

Recalling the comments made by the Committee of Experts for a number of years, the Committee expressed its firm hope that the Government would adopt at an early date, and if necessary with the assistance of the International Labour Office, legislation in conformity with the requirements of the Convention and which would put an end to the system of a single union structure.