Effect given to the recommendations of the committee and the Governing Body - REPORT_NO356, March 2010

Effect given to the recommendations of the Committee and the Governing Body

1. 101. The Committee last examined this case at its June 2009 meeting [see 354th Report, paras 164–168]. On that occasion, the Committee expressed its deep concern at the ongoing violation of fundamental human rights and freedom of association principles in law and in practice and deplored that the Government had failed to implement its recommendations. It therefore referred to its previous examination of this case and once again urged the Government:
   • – to take the necessary measures to amend the national legislation so as to allow trade unions to operate in conformity with Conventions Nos 87 and 98 and to recognize the Federation of Trade Unions – Burma (FTUB) as a legitimate trade union organization;
   • – to carry out an independent investigation without delay into the allegation of illtreatment of the detained persons and, if it is found to be true, to take appropriate measures, including compensation for damages suffered, giving precise instructions and apply effective sanctions so as to ensure that no detainee is subjected to such treatment in the future;
   • – to release Thurein Aung, Wai Lin, Nyi Nyi Zaw, Kyaw Kyaw, Kyaw Win and Myo Min without delay;
   • – to ensure that no person will be punished for exercising his or her rights to freedom of association, opinion and expression; and
   • – to refrain from any acts preventing the free operation of any form of organization of collective representation of workers, freely chosen by them to defend and promote their economic and social interests, including organizations which operate in exile, such as the FTUB, since they cannot be recognized in the prevailing legislative context of Myanmar and to issue instructions to that effect to its civil and military agents.
2. 102. In communications dated 1 June and 5 October 2009, and 26 February 2010, the Government indicates that while there are no trade unions in Myanmar at the present time, the provisions of the new Myanmar Constitution (sections 353–355) capture the spirit of Convention No. 87 and that once the new Constitution comes into effect, the appropriate measures to establish labour organizations will be taken and that such organizations will be able to carry activities for the interest of workers. Furthermore, a new legislation on labour organizations, when promulgated, will also be in line with Convention No. 87. The Government indicates in this respect that the basic principles of the drafting law were discussed with the ILO experts on 19 January 2010 at Nay Pyi Taw during the ILO mission visit to Myanmar from 17 to 24 January 2010 and that the Ministry of Labour intends to take into account the advice given by the ILO when drafting new legislation. It undertakes to keep the Committee informed of the developments in this regard. The Government hopes for the mutual understanding through constructive cooperation between the ILO and Myanmar and is confident that the objectives of both sides would be attained. With regard to other previously raised matters, the Government refers to its previous communications.
3. 103. The Committee notes the Government’s communications and, in particular, the information with regard to the intention to draft a new legislation in conformity with Convention No. 87. With regard to the matters raised in the present case, the Committee deeply regrets that the Government’s communication once again essentially repeats previously submitted information and deplores that the Government has failed to implement its recommendations. The Committee emphasizes once again that it is a fundamental obligation of a member State to respect human and trade union rights, and stresses, in particular, that when a state decides to become a Member of the Organization, it accepts the fundamental principles embodied in the Constitution and the Declaration of Philadelphia, including the principles of freedom of association [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 15], which it should observe in law and in practice. It therefore refers to its previous examination of this case and firmly urges the Government to fully implement as a matter of urgency its recommendations above. In particular, the Committee urges the Government to take the necessary measures for the immediate release of Thurien Aung, Wai Lin, Nyi Nyi Zaw, Kyaw Kyaw, Kyaw Win and Myo Min and to keep it informed in this respect.