Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

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

The Committee notes the statement made by the Government representative to the Conference Committee in 1996, as well as the discussion which took place therein. It must, however, once again express its profound regret that it has not received a report from the Government, requested as a result of the Conference Committee's conclusions, and that the Government representative's statement to the Conference Committee only repeated what had been said over previous years concerning its intention to apply the Convention without being able to indicate that any specific positive developments had occurred in law or practice. Furthermore, while noting the Government representative's indication to the Conference Committee that the ILO had been formally requested to provide technical assistance in drafting the trade union law and was welcome to visit the country at a mutually convenient date so that its input could be incorporated into the new legislation, the Committee notes with deep regret that the mission which had been scheduled in May 1996 could not be received.

In these circumstances, the Committee must once again recall that it has been commenting upon the serious incompatibilities between the national law and practice and the Convention for 40 years now. It has been urging the Government, in particular, to take the necessary measures to ensure the right of workers to establish, without previous authorization, and to join, subject only to the rules of the organization 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 any first-level union, federation or confederation to affiliate with international organizations (Articles 2, 5 and 6 of the Convention). As no concrete developments have been communicated to the Office, the Committee must once again urge the Government to adopt, without delay, the necessary measures to ensure fully the right to organize, and the right to affiliate with international organizations, without impediment.

[The Government is asked to supply full particulars to the Conference at its 85th Session.]