Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 363, Mars 2012

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

1. 191. The Committee last examined this case at its March 2011 meeting [see 359th Report, paras 111–113]. On that occasion, the Committee deplored that the Government had failed to implement its recommendations. It therefore referred to its previous examination of this case and firmly urged the Government to provide detailed and specific information on the situation of Thurein Aung, Wai Lin, Nyi Nyi Zaw, Kyaw Kyaw, Kyaw Win and Myo Min and to take the necessary measures to ensure their immediate release as well as their access to legal and medical assistance while detained; to immediately undertake real and concrete steps to ensure full respect for freedom of association in law and in practice; and to fully implement as a matter of urgency its previous recommendations.
2. 192. As regards the need to ensure full respect for freedom of association in law and in practice, the Government indicates, in its communication dated 30 August 2011, that the Labour Organization Bill has been discussed in detail with the ILO consultation team on 25 and 26 July 2011 and amended with the experts’ advice. The Bill has already been submitted to Cabinet and has been discussed and approved by the First Amyotha Hluttaw (upper house of Parliament) on 29 August 2011. The Government states that, in practice, tripartite consultations are undertaken in that worker delegates elected by the workers of an establishment negotiate directly with the employer before the Government representative to reach conclusion.
3. 193. With respect to the six named prisoners, the Government indicates, in its communication dated 22 February 2012, that Thurein Aung, Wai Lin, Nyi Nyi Zaw, Kyaw Kyaw, Kyaw Win and Myo Min have been released under the amnesty granted by the President on 12 January 2012.
4. 194. The Committee welcomes the information provided by the Government according to which Thurein Aung, Wai Lin, Nyi Nyi Zaw, Kyaw Kyaw, Kyaw Win and Myo Min have been released from prison under the amnesty granted by the President on 12 January 2012.
5. 195. The Committee further notes with interest that the Labour Organizations Act was adopted by Parliament on 16 September 2011, signed and enacted on 11 October 2011. It also notes with interest that the Labour Organizations Act provides for the repeal of the 1926 Trade Union Act and observes that, generally speaking, the law marks a positive step forward, as it recognizes the right to establish and join trade unions as well as the right to strike. However, the Committee, like the Committee of Experts, expresses its concern at some of the provisions of the Labour Organizations Act, which need to be brought in line with Convention No. 87 and collective bargaining principles. The Committee expects that the Labour Organizations Act will come into force without delay and be applied in practice so as to provide to all workers in the country the long-awaited legal framework to exercise their freedom of association rights. It reminds the Government that it may avail itself of the technical assistance of the Office if it so wishes.
6. 196. The Committee firmly expects the Government to ensure that no person will be punished for exercising his or her rights to freedom of association, opinion and expression in the future; and to refrain in practice 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 the Federation of Trade Unions – Burma (FTUB), and to issue instructions to that effect to its civil and military agents.