Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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

The Committee takes note of the information contained in the Government’s reports. In particular, it notes the indication in the Government’s latest report that the Minister of Labour has conducted detailed discussions with the Office of the Attorney-General and other concerned ministries and organizations on measures to be implemented that will reflect the positive approach by the Government to be in conformity with the provisions of the Convention. The Committee nevertheless feels obliged to point out that, for over eight years now, it has been taking note of the Government’s statement that the drafting of a new state Constitution is under way, as well as the review and redrafting of old labour laws, including the Trade Unions Law, without any concrete development in this respect. While noting the Government’s contention that important progress has been made with the creation of the Myanmar Overseas Seafarers’ Association, the Committee considers that no real progress has been made in providing a legislative framework in which free and independent workers’ organizations may be established.

The Committee once again recalls that it has been commenting upon the Government’s failure to apply this Convention, both in law and in practice, for over 40 years. In it previous comments, it had urged the Government, in particular, to adopt the necessary measures to ensure the right of workers to establish, without previous authorization, and to join, subject only to the rules of the organizations concerned, first-level unions, federations and confederations of their own choosing for the furtherance and defence of their interests and to ensure the right of first-level unions, of federations and of confederations to affiliate with international organizations (Articles 2, 5 and 6 of the Convention).

Furthermore, while noting the indication in the Government’s reports that Workers’ Welfare Associations and Workers’ Supervisory Committees protect the rights of the workers and can be regarded as a surrogate of the trade unions, the Committee is of the opinion that such associations are not a substitute for the fundamental right to organize provided for in the Convention.

The Committee, therefore, firmly urges the Government to adopt the necessary measures to ensure fully the right to organize, and the right to affiliate with international organizations, without impediment. Furthermore, it once again asks the Government to furnish with its next report a copy of any proposed revisions of the Trade Unions Law under consideration.

[The Government is asked to report in detail in 2003.]