Rapport intérimaire - Rapport No. 415, Juin 2026

Cas no 3405 (Myanmar) - Date de la plainte: 05-MARS -21 - Actif

Allegations: The complaint sets out 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 military 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 marking 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 highlight anti union attacks and attempts at dismantling the independent trade union movement in the country

1. 231. The Committee last examined this case (submitted in March 2021) at its May–June 2025 meeting, when it presented an interim report to the Governing Body [see 411th Report, paras 440–469, approved by the Governing Body at its 354th Session]. 
2. 232. The International Trade Union Confederation (ITUC) provided additional allegations in communications dated 1 October 2025 and 2 February and 4 March 2026.
3. 233. The Ministry of Labour of the military authorities and the Permanent Mission in Geneva provided a reply in communications dated 7 November 2025 and 19 January, 13 April and 21 May 2026.
4. 234. Myanmar has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but has not ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 235. At its May–June 2025 meeting, the Committee made the following recommendations [see 411th Report, para. 469]:
   • (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.

B. The complainant’s new allegations

1. 236. In its communications dated 1 October 2025 and 2 February and 4 March 2026, the ITUC submits supplementary information on the situation of freedom of association in the country, alleging continued escalation of violence and a deteriorating environment for the exercise of labour rights. It expresses concern over the lack of protection for, and respect of, civil liberties and fundamental human and labour rights, alleging that serious violations of civil liberties and trade union rights have continued under the military rule, notwithstanding the adoption of the article 33 resolution by the International Labour Conference in June 2025. It further considers that the elections held in December 2025 and January 2026 were orchestrated to keep the military in power, with reports of widespread electoral irregularities, including coercion, intimidation, false voting and numerous arrests. The complainant thus alleges a lack of progress in the implementation of the article 33 resolution and the recommendations of the Commission of Inquiry established in accordance with article 26 of the ILO Constitution to examine the non-observance by Myanmar of Convention No. 87 and the Forced Labour Convention, 1930 (No. 29).
2. 237. In particular, the complainant alleges severe and continued repression of workers and trade unionists, characterized by arbitrary arrests, detention, indiscriminate killings and other serious restrictions on basic civil liberties. On 25 April 2025, an aerial attack nearly hit leaders of the Confederation of Trade Unions Myanmar (CTUM), including its President, and in subsequent aerial attacks in September 2025, the CTUM lost its temporary office. In July 2025, the military raided the house of Myo Myo Aye, the Director of the Solidarity Trade Union of Myanmar (STUM) and arrested her, as well as her daughter and seven additional STUM officers. Their phones, computers and official STUM documents were confiscated, and the STUM office in Yangon was shut down. The unionists were brought to trial in September 2025 for forming illegal trade unions without registration and denied bail. According to the complainant, this incident caused widespread fear among STUM members and labour activists.
3. 238. The complainant also alleges that the exercise of trade union rights and civil liberties is considered as an act of high treason. It condemns the continuous imprisonment of 69 trade unionists from the CTUM and the Myanmar Industry, Crafts and Services Trade Union Federation (MICS-TUsF) (32 in railways, 26 in education, 9 in services and 2 in agriculture). Although more than 7,000 prisoners sentenced under the Anti-Terrorism Act were pardoned on the condition that they would not repeat their crimes, this did not include any CTUM leaders. The complainant further expresses concern for the safety and well-being of those detained, as well as other labour activists and human rights defenders who may be targeted by the escalating effort to silence independent voices calling for the restoration of democracy in Myanmar. It alleges that trade unionists and political prisoners suffer ill-treatment in detention – they are subjected to abuses, beatings and torture, as was the case of Khine Thinzar Aye, the CTUM communications chief (previously reported), and Thet Hnin Aung, MICS-TUsF General Secretary (the complainant provided an annex recounting his treatment in detention but requested for this document to remain confidential). It also points out that the MICS-TUsF General Secretary, 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 released but was forced into exile and, if re-arrested, he must serve the remaining sentence.
4. 239. The complainant further alleges a systematic smear campaign against the CTUM, the Industrial Workers Federation of Myanmar (IWFM) and their leadership. It asserts that the military uses pro-military individuals who are no longer members of these organizations as ploy to capture CTUM and IWFM structures, extend military control in workplaces and misrepresent independent workers’ voices. It reiterates previous allegations that, in January and February 2025, such pro-military individuals purported to convene CTUM and IWFM congresses without the consent of the incumbent leadership, and workers were requested to vote for new leaders under military surveillance from a pre-determined list of candidates. The complainant points out in this respect that it is the military that is responsible for exiling CTUM leaders and for confiscating their passports. It adds that in August 2025, the fake union opened an office which bears the same name and logo as the CTUM in Burmese, and CTUM members were pressured and intimidated by the local labour department to attend the opening ceremony and to establish grassroots trade unions so they can affiliate to the fake CTUM. According to the complainant, the military authorities use their coercive forces to control workers and force them, in a climate of fear, to set up a rival trade union by supplanting an existing trade union that the military opposes. It is alleged that, in this way, the authorities use yellow unions they have formed or sponsored to undermine freedom of association and genuine worker representation. The latest example is the deliberate effort by the military authorities to supplant the Agricultural and Farmers’ Federation of Myanmar (AFFM), affiliated to the CTUM, by the Agricultural and Farmers’ Federation of Myanmar- FAW (AFFM-FAW), which is aligned with the military authorities.
5. 240. The complainant further alleges severe suppression of labour rights, including freedom of association at the workplace, with the MICS-TUsF having recorded around 524 industrial disputes in 2024 and 2025. For example, in May 2025, 60,000 workers in a shoe factory in Yangon who went on strike to demand a rise in daily wages were threatened by the management with dismissal and with reporting them to the military for conscription. Eight other workers raising demands for a written employment contract in a raincoat factory in Yangon were arrested by the police and ward administration officers, called upon by the employer to silence them and threaten them with military conscription. Moreover, the March 2025 earthquake and new restrictions imposed by the military authorities have accelerated the risks and challenges for trade unions to support their members in workplace labour disputes and complaints, which mainly concern dangerous working environments and irregular work practices. The complainant alleges that, without a safe environment for freedom of association and trade union representation, workers remain unable to demand safety guarantees or income safeguards without reprisals.
6. 241. The complainant also alleges increased restrictions on civil liberties through the adoption of three additional laws since July 2025: (i) the Amendment to the Protection of Personal Privacy and Personal Security of Citizens Law (NDSC Law No. 1/2025) confers powers to the National Defence and Security Council (NDSC) to prolong the suspension of certain human rights safeguards, especially those against arbitrary house raids, interception of telecommunication devices, arbitrary searches, detention and seizure of properties; (ii) the Military Secrets Preservation and Protection Law (SAC Law No. 44/2025) criminalizes disclosure and sharing of information deemed by the authorities as “military secrets” with severe penalties – sharing information on broadly defined matters such as military conscription, trainings and military operations is punishable with life imprisonment or the death sentence; and (iii) the Law on Protection of Multiparty Democratic General Elections (SAC Law No. 48/2025) criminalizes a broad range of acts that are in practice a legitimate exercise of civil liberties and trade union rights as obstruction and undermining of the election process and provides draconian penalties to those convicted, including harsh jail terms involving compulsory prison labour and the death sentence. According to the complainant, these measures further deter civilians from exercising their civil liberties, create a chilling effect and obstacles for independent reporting about forced labour practices, indiscriminate air strikes and military violence targeting civilians and seek to silence disagreement and dissent.

C. The reply from Myanmar

1. 242. In communications dated 7 November 2025 and 19 January, 13 April and 21 May 2026, the Permanent Mission transmits information from the Ministry of Labour of the military authorities in response to the Committee’s previous recommendations and the complainant’s additional allegations. The military authorities reiterate that workers’ organizations have been granted the freedom to undertake activities in accordance with Convention No. 87 under the Labour Organization Law, 2011. The existing legal framework thus ensures that workers have the right to form and join organizations of their own choosing for the protection of their interests, freely draw up their constitutions and rules, elect representatives and organize their administration. In 2025, 63 new organizations were formed and an additional 5 organizations were created between January and May 2026, amounting to a total of 3,134 employers’ and workers’ organizations in the country. Furthermore, Myanmar has been implementing the labour-related recommendations of the Commission of Inquiry in accordance with existing domestic laws, rules, notifications and directives. According to the military authorities, allegations that freedom of association is being restricted therefore contradicts the actual situation of numerous organizations currently registered and operating in the country.
2. 243. Regarding the situation of detained unionists and labour activists, it is indicated that: (i) if any action is taken against individuals it is not motivated by their labour rights activities but based solely on violations of existing domestic laws; (ii) the MICS-TUsF General Secretary, who had been sentenced to seven years of imprisonment under section 52(a) of the Counter-Terrorism Law and section 505-A of the Penal Code, had his remaining sentence remitted in accordance with section 401(1) of the Code of Criminal Procedure and was released in October 2025; following his release, he chose to go into exile of his own will, demonstrating that there is no intimidation or surveillance directed against union leaders and members; (iii) Naing Lin Aung, the youth activist previously mentioned by the complainant, conducted incitement to cause public unrest – legal action was therefore taken against him under section 505-A of the Penal Code but he was granted a pardon in November 2025; (iv) legal proceedings against nine STUM leaders were withdrawn in February 2026; (v) Ah Htaw (alias Moe Gyi) was released upon completion of his prison sentence; (vi) CTUM Vice-Chairman U Than Swe passed away while his case was being closed; and (vii) the case against CTUM member Daw Myint Hnin Thet under section 124-A of the Penal Code was closed and Daw Myint Hnin Thet stated her desire to live peacefully within the legal framework and was re-elected as joint secretary to the CTUM Executive Committee.
3. 244. Concerning the status of the CTUM, the military authorities provide an overview of the trade union structure in the country, noting that there is a single trade union confederation (the CTUM), comprising nine labour federations, including the MICS-TUsF, IWFM, AFFM-IUF and AFFM. They reiterate that, according to information received from certain CTUM members, the leadership, namely the President, Secretary and Finance Officer, illegally left the country and failed to provide an accountability statement for the organization’s assets, funds and international aid received. They did not carry out activities to promote the interests of workers on the ground but rather filed complaints to the ILO for fear of losing their positions. Twenty-nine members of the former CTUM executive committee were prosecuted under section 124-A of the Penal Code for inciting hatred, disrespect and disaffection against the government. There was thus a consequential lack of presiding leadership which led to the dissolution of the CTUM structure. The remaining domestic workers’ organizations requested a union congress to be held, during which a new CTUM central committee and executive committee were elected. Similarly, it is reported that IWFM executive committee members were found to have violated the organization’s constitution and rules by deviating from labour issues and engaging in political activities, whereby they misused the original objectives of the organization. Based on the demand of IWFM members, an emergency congress was convened and 15 executive committee members were elected. It is further reported that no action had been taken against the executive committee members of the AFFM and that there had been no application for the establishment of a labour federation under the name AFFM-FAW.
4. 245. The military authorities assert in this regard that every individual, including CTUM leaders, is bound to comply with national legislation and required to maintain full accountability and responsibility concerning the organizations they represent. Myanmar is mandated to implement its laws and cannot prevent or prohibit actions undertaken by relevant organizations if these are conducted in conformity with the law. The disputes arising within workers’ organizations, including the CTUM and its affiliates – such as those concerning the election of executive committee members, the management of funds and other internal matters – do not constitute questions of law requiring settlement by the authorities. Rather, they are internal issues that should be addressed and resolved by the respective organizations in accordance with their own constitutions and rules. Treating the current disagreements as matters driven by the authorities may risk deepening divisions among CTUM members and could create unnecessary obstacles to the effective implementation of labour‑sector activities.
5. 246. Regarding civil service personnel, it is stated that they must remain free from party politics and are prohibited from failing to perform their duties or abandoning the workplace without submitting a formal leave of absence through the prescribed channels. The military authorities further indicate that as of April 2026, 8,830 personnel have resumed duty and 1,371 of them were also promoted.
6. 247. Concerning the settlement of labour disputes, the military authorities provide an overview of the existing mechanisms, including Workplace Coordinating Committees (WCC), conciliation bodies, arbitration bodies and the Arbitration Council, which are tripartite. In 2025–2026, 182 cases were resolved by these conciliation and arbitration bodies. Where collective demands from workers occur in factories or workplaces, coordination teams comprising officials from the Ministry of Labour and the relevant WCC conduct on-site coordination and resolution – 89 cases of collective demands in the Yangon Region were thus successfully resolved in 2025–2026.

D. The Committee’s conclusions

1. 248. 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 replacement of workers during a strike 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. 249. 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 notes in this regard that a large part of the Commission’s recommendations remain 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 further observes that, at its 113th Session (June 2025), having observed with deep concern the continuing egregious violations of the fundamental rights to freedom of association and freedom from forced labour and the basic civil liberties of the people of Myanmar, as well as the manifest efforts to fully transplant the free and independent trade union movement in the country, the International Labour Conference, on the proposal of the Governing Body, adopted a resolution under article 33 of the ILO Constitution to secure compliance by Myanmar with the recommendations of the Commission of Inquiry. The Committee recalls in this respect, as it did previously, that 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 take into consideration the institutional developments in this regard.
3. 250. The Committee notes, in particular, the allegations submitted by the complainant in this case which point to continued escalation of violence in the country, a deteriorating environment for the exercise of labour rights and continued repression of trade union rights and basic civil liberties, which, according to the complainant demonstrate a failure by the military authorities to implement the recommendations of the Commission of Inquiry and the article 33 resolution. The Committee also notes the views of the Ministry of Labour of the military authorities, according to which Myanmar has been implementing labour-related recommendations of the Commission of Inquiry in accordance with existing domestic laws, rules, notifications and directives. Finally, the Committee notes that, at its 356th Session (March 2026), the Governing Body noted with utmost concern that certain limited steps taken to release some detained unionists fell short of demonstrating genuine engagement or credible progress towards full implementation of the recommendations formulated by the Commission of Inquiry and therefore called on the military authorities to: end immediately all acts of violence and the arbitrary arrest, detention and torture of trade unionists; ensure the immediate and unconditional release of those detained without resorting to section 401 of the Code of Criminal Procedure; 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; and revoke without delay 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.
4. 251. 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, and measures to ensure that all detainees are treated with dignity (recommendation (a)), the Committee welcomes the indication of the military authorities that the MICS–TUsF General Secretary, nine STUM unionists and Naing Lin Aung, a youth labour activist, were pardoned and released between November 2025 and February 2026. The Committee notes, however, the complainant’s additional allegations that 69 trade unionists from the CTUM and MICS-TUsF remain in detention, that pardons granted to thousands of political prisoners did not involve CTUM leadership and that even those unionists who have been released, as the MICS–TUsF General Secretary, continue to suffer repression, forcing them to go into exile and preventing them from freely engaging in trade union activities. The military authorities indicate in this regard that the MICS-TUsF General Secretary went into exile of his own will, which demonstrates that there is no persecution against union leaders or members and that legal proceedings against several unionists, members of the CTUM, had been closed – one of them passed away while the proceedings were being closed, another one was released after completion of his sentence and yet another expressed her willingness to live peacefully within the legal framework and was re-elected as joint secretary to the CTUM Executive Committee. The Committee observes, however, that, according to the information available to it, the latter unionist had been previously expelled from the CTUM following her declaration of allegiance to the military regime and that the elections to CTUM leadership have been previously characterized by the complainant as an attempt at cloning the organization. The Committee further notes with deep concern the repeated allegations of torture, sexual violence and other abuses in detention and regrets to observe the lack of any reply from the military authorities to these extremely serious allegations. The military authorities did not 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. 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 proceed to a prompt and impartial investigation, 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 and unconditional release of those detained, the Committee urges for steps to be taken without delay to ensure the immediate and unconditional release of all trade unionists and workers arrested or detained for action in relation to the restoration of their trade union rights and democracy in the country. The Committee requests to be informed of concrete steps taken in this regard and to be provided with 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. 252. With regard to the use of violence against workers and trade unionists participating in peaceful protests or otherwise engaged in legitimate trade union activities and the conduct of independent investigations into such allegations of violence (recommendation (b)), the Committee notes with deep concern the complainant’s additional allegations of an escalation of violence in the country, including indiscriminate killings of civilians and the use of force against civilian infrastructures, including trade union premises. Noting, in particular, the allegation that aerial bombings in April 2025 narrowly failed to hit several CTUM leaders and that the CTUM temporary office was destroyed as a result of an aerial attack in September 2025, the Committee understands, both from the above information and from the Governing Body follow-up, that the continued widespread and extreme violence in the country not only threatens the civilian population in general but also workers, trade unionists and employers in particular, seriously restricting their ability to engage in legitimate activities. Observing with regret the complete absence of information from the military authorities in this respect, the Committee must 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. Attacks against trade unionists and trade union premises and property constitute serious interference with trade union rights. Criminal activities of this nature create a climate of fear which is extremely prejudicial to the exercise of trade union activities [see Compilation, paras 86, 88 and 115]. 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, as well as attacks against trade union premises and property, and to have independent investigations carried out into such allegations 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. 253. Regarding steps to reinstate citizenship to the trade unionists and workers concerned and to cease any action that can be reasonably considered as an anti-union attack or campaign against independent unions or as interference in their internal affairs (recommendation (c)), the Committee notes with concern the complainant’s allegations that the citizenship or passports of CTUM leaders remain void and that the exercise of trade union rights and civil liberties is considered as an act of high treason. Observing with regret the lack of reply from the military authorities in this respect, besides affirming that 29 CTUM leaders were prosecuted under section 124-A of the Penal Code for inciting hatred, disrespect and disaffection against the authorities, the Committee recalls that 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, para. 93]. The Committee further notes with concern the complainant’s allegations that STUM documents were confiscated and one of their offices was shut down in July 2025, and that the military authorities have pursued a smear campaign against the CTUM, the IWFM and the AFFM. The complainant argues, in particular, that the military uses pro-military individuals and coercive forces to capture the unions’ structures, extend military control in workplaces, misrepresent independent workers’ voices and force workers, in a climate of fear, to set up rival trade unions by supplanting existing trade unions which the military authorities oppose. While the complainant alleges that these practices undermine freedom of association and genuine worker representation, the military authorities assert that there has been no organization registered as the AFFM-FAW and that the new CTUM and IWFM leadership were elected upon the request of the organizations’ members, who considered that the unions lacked leadership, as many officers had left the country illegally, did not carry out their legitimate activities or deviated from pursuing labour issues by engaging in political activities. The military authorities further consider that these disputes arose among the workers´ organizations concerned and should be resolved by the respective organizations, as perceiving the disputes as being instigated by the authorities may exacerbate disagreement among CTUM members and potentially lead to undesirable obstacles in the implementation of labour sector activities.
7. 254. While taking note of the above, the Committee must recall once again that the current situation, in which numerous trade unionists, including CTUM leaders, were effectively forced to flee the country or go into hiding for fear of their lives or safety 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, as it did previously, 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 replacing the leadership of the CTUM, the IWFM or other independent trade unions, especially considering that, according to the information available to the Committee, 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, while noting the authorities’ assertion that the election of new leadership constitutes a dispute among the workers’ organizations concerned, the Committee observes the worrying allegations of military support and involvement in the process, repeatedly put forward by the complainant. In this context, 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. When the authorities intervene during the election proceedings of a union, expressing their opinion of the candidates and the consequences of the election, this seriously challenges the principle that trade union organizations have the right to elect their representatives in full freedom [see Compilation, paras 638 and 640]. 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 immediately 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. 255. Concerning measures 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 (d)), the Committee notes the indication of the military authorities that civil servants must remain free from party politics and are prohibited from abandoning their workplace without formal leave of absence. The Committee has previously recalled in this regard 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]. Further taking note of the information that, as of April 2026, 8,830 personnel have resumed duty, with 1,371 of them also having been promoted, the Committee encourages 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. 256. Concerning the repeal of the Cybersecurity Law No. 1/2025, 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 (e)), the Committee observes with regret that no concrete steps have been drawn to its attention to repeal or amend the above provisions and 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). The Committee also notes the complainant’s allegations that the adoption of three new laws further restricts the exercise of basic civil liberties: (i) the Amendment to the Protection of Personal Privacy and Personal Security of Citizens Law (NDSC Law No. 1/2025) prolongs the suspension of specific human rights safeguards (against arbitrary house raids, interception of telecommunication devices, arbitrary detention, seizure of property); (ii) the Military Secrets Preservation and Protection Law (SAC Law No. 44/2025) criminalizes with harsh penalties, including life imprisonment and death penalty, disclosure and sharing of overly broadly defined “military secrets”; and (iii) the Law on Protection of Multiparty Democratic General Elections (SAC Law No. 48/2025) criminalizes with severe penalties a broad range of acts considered as obstruction and undermining of the election process. Observing that, according to the complainant, these new measures have a chilling effect and attempt to silence disagreement and dissent, 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 relevant provisions in the three newly adopted laws that unduly restrict the exercise of freedom of association and freedom of opinion and expression, as well as of the Cybersecurity Law No. 1/2025 and of any other measures that unduly restrict the exercise of these freedoms, including excessive penalties. In the same vein as the Commission of Inquiry and the 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. 257. 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 certain civil liberties as a necessary prerequisite for the exercise of trade union activities (recommendations (f)), the Committee notes with deep concern the complainant’s allegations of a further deteriorating environment for the exercise of labour rights since its last examination of the case, with severe suppression of labour rights at the workplace, including freedom of association, and new restrictions imposed by the military authorities, contributing to increased challenges for trade unions to support their members in workplace disputes. In particular, the Committee observes the complainant’s concerns that without a safe environment for freedom of association and trade union representation, workers remain unable to defend their rights, leading to a lack of protection for, and respect of, civil liberties, that the Committee has repeatedly considered as 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 affirm that the existing legal framework ensures the right to form and join organizations of workers and employers, that 68 new organizations were formed in 2025 and 2026, that labour disputes are settled by existing dispute settlement mechanisms and that the complainant’s allegations contradict the actual situation in the country. 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. 258. 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. 259. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee urges the military authorities to take steps without delay to ensure the immediate and unconditional release of all trade unionists and workers arrested or detained for action in relation to the restoration of their trade union rights and of democracy in the country. The Committee requests to be informed of concrete steps taken in this regard and to be provided with 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, as well as attacks against trade union premises and property, and to have independent investigations carried out into such allegations 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 immediately 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 encourages 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 and to restore any benefits that may have been withdrawn.
   • (e) The Committee urges the repeal of the relevant provisions in the three newly adopted laws that unduly restrict the exercise of freedom of association, freedom of opinion and expression, as well as of the Cybersecurity Law No. 1/2025 and of any other measures that unduly restrict the exercise of these freedoms, including excessive penalties. The Committee also 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.
   • (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) 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.