Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

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

The Committee notes with regret that the Government’s report has not been received.

In its previous comments, the Committee noted the special paragraph in the Conference Committee on the Application of Standards 1999 report for continued failure by Myanmar to implement the Convention.

The Committee had further noted that the drafting of a new State Constitution was under way, as well as the review and redrafting of old labour laws, including the Trade Unions Law. The Committee had recalled, however, that the Government has referred to the drafting of new labour legislation and a new Constitution for several years now. It deplores that no specific progress or developments have been communicated to the Committee in this regard.

The Committee recalls that it has been commenting upon the continued failure to apply this Convention, both in law and in practice, for over 40 years. In its 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).

The Committee deeply deplores the lack of cooperation on the part of the Government, manifested in particular by a total absence of reports under this Convention over the past years despite a serious failure in applying its provisions.

The Committee must once again reiterate the urgent need for 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 the most recent draft revision of the Trade Unions Law so that it might assess the draft’s conformity with the Convention.

[The Government is asked to supply full particulars to the Conference at its 89th Session.]