CEACR: Observations concerning Convention No. 87, Freedom of Association and Protection of the Right to Organise, 1948 - Myanmar (English)

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Description: "The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 31 August 2012 which, while raising certain concerns about specific provisions in the recently adopted legislation, observes that there have been a number of welcome and positive developments in the freedom of association situation in Myanmar. The Committee notes the comments made by the International Organisation of Employers (IOE) on the right to strike, in a communication dated 29 August 2012, which are dealt with in the General Report of the Committee. The Committee observes that, at its 316th Session, the ILO Governing Body decided to take no further action on the complaint under article 26 of the Constitution, which had been pending in relation to the application of this Convention..."...In separate paragragraphs the Committee comments on the Legislative framework and Civil liberties...
Source/publisher: International Labour Office
2013-03-00
Date of entry/update: 2013-04-03
Grouping: Individual Documents
Language: English
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Description: "...The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 31 August 2011. The Committee further notes the conclusions of the Conference Committee on the Application of Standards of June 2011. The Committee notes, in particular, that the Conference Committee noted with great concern the continued failure by the Government, over several years, to eliminate serious discrepancies in the application of the Convention. The Committee further observes that an Article 26 of the Convention complaint in relation to the application of this Convention is pending for decision before the Governing Body..."
Source/publisher: International Labour Office
2012-03-00
Date of entry/update: 2012-03-06
Grouping: Individual Documents
Language: English
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Description: "...The Committee therefore once again most deeply deplores the serious allegations of murder, arrest, detention, torture and sentencing to many years of imprisonment of trade unionists for the exercise of ordinary trade union activities. The Committee once again strongly urges the Government to provide information on the measures adopted and instructions issued so as to ensure respect for the fundamental civil liberties of trade union members and officers and to take all necessary measures to secure the immediate release of Thurein Aung, Wai Lin, Nyi Nyi Zaw, Kyaw Kyaw, Kyaw Win, Myo Min, and all those who have been imprisoned for the exercise of trade union activities and to ensure that no worker is sanctioned for the exercise of such activities, in particular for having contacts with workers? organizations of his/her own choosing. Furthermore, recalling that the right of workers and employers to freely establish and join organizations of their own choosing cannot exist unless such freedom is established and recognized both in law and in practice, the Committee once again urges the Government to indicate all measures taken, including instructions issued, to ensure 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..."
Source/publisher: International Labour Office
2011-03-00
Date of entry/update: 2011-03-18
Grouping: Individual Documents
Language: English
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Description: "...recalling that there is currently no legal basis to the respect for, and realization of, freedom of association in Myanmar, the Committee once again recalls that while trade unions are expected under Article 8 of the Convention to respect the law of the land, ?[t]he law of the land shall not be such as to impair, nor shall it be so applied as to impair, the guarantees provided for in this Convention?. The authorities should not interfere with legitimate trade union activities through arbitrary arrest or detention and allegations of criminal conduct should not be used to harass trade unionists by reason of their union membership or activities. The Committee therefore once again most strongly deplores the serious alleged acts of murder, arrest, detention, torture and sentencing to many years of imprisonment of trade unionists for the exercise of ordinary trade union activities, including the mere sending of information to the FTUB and participation in May Day activities. The Committee once again urges, the Government to provide information on measures adopted and instructions issued without delay so as to ensure respect for the fundamental civil liberties of trade union members and officers and to take all necessary measures to secure the immediate release of Thurein Aung, Wai Lin, Nyi Nyi Zaw, Kyaw Kyaw, Kyaw Win, Myo Min, and all those who have been imprisoned for the exercise of trade union activities immediately and to ensure that no worker is sanctioned for the exercise of such activities, in particular for having contacts with workers? organizations of their own choosing. Furthermore, recalling that the right of workers and employers to freely establish and join organizations of their own choosing cannot exist unless such freedom is established and recognized both in law and in practice, the Committee once again urges the Government to indicate all measures taken, including instructions issued, to ensure 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..."
Source/publisher: International Labour Office
2010-03-00
Date of entry/update: 2010-03-09
Grouping: Individual Documents
Language: English
Format : pdf
Size: 126.66 KB
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Description: "...The Committee most strongly deplores these most recent and serious allegations which detail a long list of trade unionists who have been arrested, detained, tortured and sentenced to many years of imprisonment for the exercise of their trade union activities, including the mere sending of information to the FTUB. The Committee recalls once again that respect for civil liberties is essential for the exercise of freedom of association and that workers and employers should be able to exercise their freedom of association rights in a climate of complete freedom and security, free from violence and threats and that a climate of violence, in which murders and disappearances of trade union leaders go unpunished, constitutes an extremely serious obstacle to the exercise of trade union rights and that such acts require severe measures to be taken by the authorities. The authorities should not seize on legitimate trade union activities as a pretext for arbitrary arrest or detention. Furthermore, as regards, more specifically, torture, cruelty and ill-treatment, the Committee points out that trade unionists, like all other individuals, should enjoy the safeguards provided by the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights and governments should give the necessary instructions to ensure that no detainee suffers such treatment (see 1994 General Survey on freedom of association and collective bargaining, paragraphs 29 and 30). The Committee therefore urges, once again, the Government to provide information on measures adopted and instructions issued without delay so as to ensure respect for the fundamental civil liberties of trade union members and officers and to take all necessary measures to release all those who have been imprisoned for the exercise of trade union activities immediately and to ensure that no worker is sanctioned for the exercise of such activities, in particular for having contacts with workers? organizations of their own choosing. The Committee firmly hopes that the Government will soon be in a position to indicate progress in this respect..."
Source/publisher: International Labour Office
2007-02-00
Date of entry/update: 2009-03-08
Grouping: Individual Documents
Language: English
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Description: "...The Committee regrets the paucity of the information provided by the Government in reply to the large number of extremely grave allegations most of which have remained without reply. The Committee urges the Government to provide detailed observations on all the above allegations, in its next report...The Committee once again urges the Government to furnish without delay a detailed report on the concrete measures taken to enact legislation guaranteeing to all workers and employers the right to establish and join organizations of their own choosing, as well as the rights of these organizations to exercise their activities and formulate their programmes and to affiliate with federations, confederations and international organizations of their own choosing without interference from the public authorities. It further urges the Government in the strongest terms to immediately repeal Orders Nos 2/88 and 6/88, as well as the Unlawful Association Act, so that they cannot be applied in a manner that would infringe upon the rights of workers? and employers? organizations. It requests the Government to communicate any steps taken towards the adoption of the Constitution and provide the text of the fundamental principles for the drawing up of the Constitution as well as any further relevant draft laws, orders or instructions made to guarantee freedom of association so that it may examine their conformity with the provisions of the Convention. Finally, the Committee requests the Government to indicate the manner in which the elements of civil society were involved in the adoption of the fundamental principles..."
Source/publisher: International Labour Office
2008-02-00
Date of entry/update: 2009-03-08
Grouping: Individual Documents
Language: English
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Description: "...The Committee therefore once again most strongly deplores the serious alleged acts of murder, arrest, detention, torture and sentencing to many years of imprisonment of trade unionists for the exercise of ordinary trade union activities, including the mere sending of information to the FTUB and participation in May Day activities. The Committee urges, once again, the Government to provide information on measures adopted and instructions issued without delay so as to ensure respect for the fundamental civil liberties of trade union members and officers and to take all necessary measures to release all those who have been imprisoned for the exercise of trade union activities immediately and to ensure that no worker is sanctioned for the exercise of such activities, in particular for having contacts with workers? organizations of their own choosing. Furthermore, recalling that the right of workers and employers to freely establish and join organizations of their own choosing cannot exist unless such freedom is established and recognized both in law and in practice, the Committee urges the Government to indicate all measures taken, including instructions issued, to ensure 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..."
Source/publisher: International Labour Office
2009-02-00
Date of entry/update: 2009-03-08
Grouping: Individual Documents
Language: English
Format : pdf
Size: 141.43 KB
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Description: "...The Committee notes with deep regret that the information provided by the Government continues to demonstrate a total lack of progress towards establishing a legislative framework under which free and independent workers' organizations can be established and a total absence of any meaningful dialogue in this respect. Noting that measures are needed urgently to amend the legislation and the Constitution with the full and genuine participation of all sectors of society regardless of their political views, the Committee, like the Conference Committee, once again urges the Government to communicate all relevant draft laws and to furnish a detailed report on the concrete measures taken to enact legislation guaranteeing to all workers and employers the right to establish and join organizations of their own choosing, as well as the rights of these organizations to exercise their activities and formulate their programmes and to affiliate with federations, confederations and international organizations of their own choosing without interference from the public authorities. It further urges the Government in the strongest terms to repeal Orders Nos. 2/88 and 6/88 as well as the Unlawful Association Act, so that they cannot be applied in a manner that would infringe upon the rights of workers' and employers' organizations."
Source/publisher: International Labour Office
2006-03-00
Date of entry/update: 2006-04-29
Grouping: Individual Documents
Language: English
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Description: "...the Committee must note with deep regret the total lack of progress in providing a legislative framework in which free and independent workers' organizations can be established. The Committee takes due note of the renewed references in the Government's latest report to workers' welfare associations as the forerunners of trade unions safeguarding and promoting the interests of workers as best as they can at present, as well as of the regret expressed by the Government that the Committee holds a different opinion in respect of the role that may be played by the welfare associations. The Committee must reiterate in this respect that it has always considered that these associations have none of the attributes characteristic of free and independent workers' organizations that are the objective of the Convention. Indeed, the Committee fears that the Government's continued insistence on the role of the welfare associations in respect of the application of the Convention, without any other real progress in this application, is simply an indication of the lack of seriousness given to the fundamental matters raised by the Committee over these many years..."
Source/publisher: International Labour Organisation
2004-03-00
Date of entry/update: 2005-05-11
Grouping: Individual Documents
Language: English
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Description: "... The Committee must, once again, point out that it has been commenting upon the Government's failure to apply this Convention, both in law and practice, essentially since its ratification 50 years ago. It notes that the Government's report does not contain any of the information requested by the Conference Committee at its last session, in particular as concerns the communication of all relevant draft laws as well as a detailed report on the concrete measures adopted to ensure improved conformity with the Convention, including a response to the comments presented by the ICFTU. The Committee must note with deep regret that the information provided continues to demonstrate a total lack of progress towards establishing a legislative framework under which free and independent workers' organizations can be established..."
Source/publisher: International Labour Office
2005-03-00
Date of entry/update: 2005-05-11
Grouping: Individual Documents
Language: English
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