Effect given to the recommendations of the committee and the Governing Body - REPORT_NO359, March 2011

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

1. 111. The Committee last examined this case at its March 2010 meeting [see 356th Report, paras 101–103]. This case concerns the arrest of six labour activists, their trial for sedition and association with the Federation of Trade Unions of Burma (FTUB) and the extremely harsh prison sentences which were handed down against them after they had tried to organize celebrations and a seminar on labour issues for International Labour Day on 1 May 2007. At its March 2010 meeting, the Committee, in particular, urged the Government to take the necessary measures for the immediate release of Thurein Aung, Wai Lin, Nyi Nyi Zaw, Kyaw Kyaw, Kyaw Win and Myo Min and to keep it informed in this respect.
2. 112. In communications dated 17 August 2010, 31 August 2010 and 7 October 2010, the Government replies to the recommendations of the Committee in this case. The Government provides the following information in respect of the outstanding recommendations: as to the recommendation of the Committee 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 FTUB as a legitimate trade union organization, the Government, while indicating once again that new legislation would be drafted in conformity with Convention No. 87, reiterates that the FTUB is considered to be a terrorist organization. As to the recommendation of the Committee to carry out an independent investigation without delay into the allegation of ill treatment of the detained persons, the Government provides general information related to the efforts made by the Department of Prison under the Ministry of Home Affairs to be in line with the 1988 United Nations Standard Minimum Rules for the Treatment of Prisoners, on the basis of which it considers that the allegation of ill treatment of the detained persons concerned in this case is unfounded. As to the recommendation to release Thurein Aung, Wai Lin, Nyi Nyi Zaw, Kyaw Kyaw, Kyaw Win and Myo Min without delay, the Government reiterates that these persons “were not workers and never worked in any factories and establishments” and that they have been punished only for breaching existing laws, not for their labour-related activities. As to the recommendation to ensure that no person will be punished for exercising his or her rights to freedom of association, opinion and expression, the Government indicates that people shall be punished for breaching existing laws. Finally, as to the recommendation of the Committee 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, the Government provides that the rights of citizens, including the freedoms of expression, peaceful assembly and association, are guaranteed in the Constitution but that the drafting process of legislation will not open the door for any unlawful association or terrorist organization which is not allowed to exist anywhere in the world.
3. 113. The Committee takes note of the information provided by the Government and in particular, once again, the information concerning its intention to draft new legislation in conformity with Convention No. 87. The Committee, however, once again deeply regrets that the Government’s communications essentially repeat those previously submitted, while failing to provide any new concrete information or present any evidence that it has taken concrete measures in respect of the serious matters presented in this case. It therefore deplores that the Government has failed to implement its recommendations and finds itself obliged to refer to its previous examination of this case and to firmly urge the Government to fully implement as a matter of urgency its previous recommendations. The Committee requests the Government, in particular, to provide specific and detailed information on the situation of Thurein Aung, Wai Lin, Nyi Nyi Zaw, Kyaw Kyaw, Kyaw Win and Myo Min. It requests the Government to take all the necessary measures to ensure their immediate release, as well as their access to legal and medical assistance while detained. Finally, the Committee urges the Government to immediately undertake real and concrete steps to ensure full respect for freedom of association in law and in practice.