NLD Labour report submitted to 1997

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Subject: NLD Labour report submitted to 1997 May conference (translation)

1997 May 27
NLD

CENTRAL LABOR AFFAIRS WORKING GROUP

Labor Affairs Report

Introduction

1. 	The National League for Democracy was established on 27 
September 
1988, and since then the party has aimed to serve all social classes. 
Therefore, the Farmers' Affairs Working Group, the Professionals and 
Intellectuals Group, the Trading and Business Group and the Labor 
Affairs Working Group were formed at the beginning of 1989.

2. 	The Central Labor Affairs Working Group was formed with the 
following members on 26 March 1989.

U Sein Win		President
U Than Tun              
U Thaung Kyi
U Khin Maung Kyi
U Maung Ko
U Tint Lwin
Daw San San		Secretary

3. 	The working group carried out some highly prominent activities 
prior to the General Election of May 1990, as follows-
	(a) On May Day 1989, released the "May Day Statement" at the 
Workers' 
Day events held by the NLD.
	(b) Wrote a protest letter to the ILO Congress of June 1989, 
stating 
that the Burmese delegates claiming to be representatives of all 
workers in Burma were not real representatives of the workers, 
because even though Burma has ratified ILO Convention No. 87, it has 
not been implemented and workers have been prevented from forming 
trade unions.
	(c) The NLD Draft Policy for the 1990 General Election 
included the 
following points on labor affairs-
		(1) Trade unions are not to be omitted from a 
democratic system.  
Trade unions have to be independent from political parties.
		(2) Trade unions have the right to demand justice 
within the law.
		(3) Solving collective bargaining problems must be 
fair and in 
accordance with the law.

4. 	Prior to the multi-party General Election campaign of May 
1990, 
the Central Labor Affairs Working Group assisted township level NLD 
members who sought advice regarding labor issues. Occasional lectures 
were also given to members at the township level so as to improve 
their knowledge of labor matters. However, due to the Central Labor 
Affairs Working Group's strident efforts during the election 
campaign, it's movements were subsequently halted, for various 
reasons.

5. 	After the NLD General Secretary was released from detention on 
19 
July 1995, the NLD was optimistic that the party would become unified 
and increasingly systematic in its activities. There was also greater 
concentration on class issues as demanded by the circumstances. The 
Central Farmers' Team, The Central Women's Affairs Working Group and 

other social assistance teams started to implement their activities.

6. 	On 21 August, and 18 September 1996, U Tin Oo, a Central 
Executive 
Member and Vice President of the NLD attended the Central Labor 
Affairs Working Group's meeting. He assigned the following persons 
the responsibility of ascertaining and reporting upon the current 
situation of workers in Burma and furthermore to outline the NLD's 
future program of action in this regard-

U Tin Oo 
U Lun Maung 
U Maung Maung Gyi
U Than Tun
U Khin Maung Kyi
U Sein Win and 
Daw San San.

7. 	The Current Situation of Workers in Burma
	
Even though Burma has been opening up to a market economic system in 
recent years, agriculture products are still the primary produce of 
the country. Burma's population of 44.74 million (1996) includes 
26.34 million people who are between 15 to 59 years of age and being 
as such have productive capacity. This figure includes 11.72 million 
farmers, out of a total productive population of 17.59 million. 
Therefore, the labor force amounts to 39.3% of the country's total 
population and 66.8% of the population that have productive capacity.
The grassroots workers and farmers, that is, the human resources are 
the main force for the country's potential economic, political and 
social success under Burma's developing market economy.
Matters of industrial peace, decent living standards, social justice 
and employment regulations are the main problems facing workers in 
the current circumstances. The labor laws used for many years are far 
from perfect.  Moreover, given current levels of inflation and 
excessive policy emphasis on the market economic system, some laws 
are no longer conceptually or practically acceptable, causing workers 
to have lost their rights. The NLD's policy allows people to enjoy 
full democratic rights and basic human rights. In this regard, it is 
necessary to study the weakness and requirements of the 21 labor laws 
currently enacted in Burma and find the ways to change these. 
Under the market economic system imposed during the period of SLORC 
governance, workers in foreign investment and joint venture projects 
and factories have had to suffer the following;
	(a) According to job appointment rules, the employer has the 
right to 
dismiss any worker from employment without giving one months advance 
notice, as outlined in existing labor laws. This grants excessive 
opportunities to the employer to prevent a stable workforce forming 
at work sites.
	(b) There is no process or system by which workers grievances 
can be 
aired, no mechanisms for demanding labor rights, no trade unions 
permitted at workplaces and departments, no clear mechanisms for 
resolution of cases where a worker was forced to resign (or rather, 
workers are afraid to complain) and no step by step appeal programs 
(for negotiations, interventions and plenary discussion) therefore, 
workers suffer considerably.
	(c) Foreign employers and investors establish factories in 
Burma as 
well as Thailand, Malaysia and Indonesia. Although the products are 
of the same quality, Burmese workers receive much less money than 

other countries' minimum wages, because of the non-application of the 
minimum wage law. Some employers who are willing to raise salaries 
have to first consider workers' salaries in nationalized factories, 
and in circumstances of inequality there can be conflict between 
private and government enterprises. Thus, they cannot raise wages 
even if they wish to and so the workers are unable to attain a fair 
income.
	(d) According to Burma's "Leave and Holiday Act", shift 
workers must 
work a maximum 48 hour week, and for offices and service industries 
42 hours per week. However staff and workers in supermarkets and 
factories, which have appeared as a result of the developing market 
economy, have to work about 10 hours a day in defiance of labor 
protection laws. Working on Saturday and over time duties are also 
required, but there is no appropriate recompense, the employees being 
paid a small amount of money or being issued some food. Social 
welfare laws are also ignored. Although the wage rates set are not 
equivalent to the current pace of inflation, there have been no 
changes and improvements. For example, the Labor Compensation Act 
excludes by definition workers earning over 400 Kyats per month, so 
employers can claim that their workers are not covered by the 
Compensation Act. 

8.	Concerning current conditions for workers in Burma, we state 
that-
	(1) Existing labor affairs laws are not suited to the present 
situation and system.  There are weak points that need to be revised. 
	
Legal mechanisms to protect workers have dwindled away, so a worker, 
who independently demands his or her rights, will not succeed and 
also can be threatened with his or her job.  Medical assistance, 
social assistance and job security programs are not systematically 
organized.
		
Burma is an independent country and a member of the United Nations. 
It is also a member of the International Labor Organization (ILO) 
which is part of the United Nations.  The ILO holds an annual meeting 
in Geneva, Switzerland, each June.
	
	(2) Labor, employer and government representatives combine in 
a 
tripartite system of discussion at the ILO annual meeting. Burma 
sends representatives of all three categories.  If the member 
countries of the ILO have accepted the ILO conventions, having taken 
into consideration their own political, economic and social systems, 
then they have to follow and implement the conventions as prepared 
and approved by the representatives of the ILO assembly.
	
	(3) Convention No. 29---Since Burma became a member of the 
ILO, it 
accepted the ILO Convention on Forced Labor No.29 (1930). However, 
having ratified this Convention, the government has failed to 
implement it, even though it was approved over 40 years ago (in 
1955). During the ILO Assembly of 12 June 1996, the resolution on 
Burma stated that "In particular, forcing children to work is not 
only a violation of basic human rights but also ignores human dignity 
and is the practice of criminals. Violating the rights of children 
and their rights to education, which are outlined in the 
International Bill of Human Rights amounts to destroying the 

children's future. Burma has not followed and implemented Convention 
No. 29, forced labor on construction of roads and bridges, forced 
labor to clear forests in front-line areas and forced portering 
should be stopped" as urged by the workers' and employers' delegates 
of the member states. 
	
	(4) Convention No.87--- Convention No.87 states that workers 
have 
rights to organize and freely associate. Burma ratified it in 1955 
and even enacted the law within the country. But instead, rights to 
organize and form trade unions are prohibited in Burma. In that 
regard, the ILO Assembly of 1996 discussed and reaffirmed that Burma 
should promote and implement Convention No.87.    
Furthermore, a high level ILO investigation team for technical 
assistance, having been formed at the request of the SLORC, was 
denied access to Burma upon arrival in Bangkok.
That postponement amounts to a lost opportunity for some good advice 
regarding Burma's labor affairs and the manner by which enacted labor 
rights have not been practiced. Problems such as a lack of job 
security, decent working conditions and insufficient income leading 
to poverty cause concerns among the workers, and as such there has 
been a decline in the general character of the work force.
The Central Labor Affairs Working Group considers trade unions 
essential for the reclamation of lost labor rights, establishment of 
systematic mechanisms for the protection of these rights, and 
implementation of the rights to organize and to freedom of 
expression. 

9.	The ILO and Burmese labor affairs

At the 83rd Session of the ILO Assembly held in Geneva, Switzerland, 
June 1996, delegates and representatives from around the world 
strongly condemned Burma's labor conditions and the failure to 
implement the resolutions and conventions of the ILO.  Some 
statements and discussions by ILO delegates in 1996 are outlined 
below.
	"Since 1981, Burma has been called upon to implement 
Convention No. 
87 nine times, and out of 15 reports by the ILO Committee of Experts, 
12 reports have specifically referred to that Convention and urged 
its implementation in Burma.  However, Burma has not responded. As 
yet there is no freedom of association in Burma, no labor 
organizations and no trade unions, and even contact with other trade 
unions and political parties is denied.  For example Burmese sailors 
are granted permission to accept jobs in international companies only 
after signing a bond claiming that they will never contact and 
participate in any seafarer unions world wide." Swedish labor 
representative.
	
"The Assembly has on several occasions urged Burma to cease human 
rights violations, but the Burmese government has not taken any 
action.  The media and freedom of speech are strictly controlled and 
nowadays people are subject to mass arrests."  Japanese labor 
representative.
	
"Burma has been under military control for several years and there 
are no labor organizations and unions. The loss of political and 
social rights is shameful for Burma.  The counter arguments presented 
by the Burmese delegate are absolute lies." - Indian labor 

representative.
	
"Although Burma has annually promised to follow ILO Convention No. 
87, several times, there has been no implementation. We as a group of 
five countries express our concern regarding Burma's human rights 
abuses. We request the right of workers to form trade unions and 
associate freely." - Norwegian delegate (on behalf of Scandinavia).
	"For the Burmese government, the world's opinions and comments 
cannot 
be ignored. Just saying 'our government approaches these matters with 
goodwill' is not enough, Burma needs to change practically and in 
accordance with law." -Netherlands delegate.
	
The representative for the United Nations Secretary General stated 
that in accordance with the Burmese government's letter of request 
dated 4 April 1996, a team led by a senior officer of the Norms and 
Standards Inspection Department was sent to Burma. When that team 
arrived in Bangkok, Thailand, on transit to Rangoon, the Burmese 
government informed them by telegram that the trip was postponed 
because of unexpected matters. 

Thus, this representative also 
requested the ILO Assembly to strongly condemn Burma in it's report. 

Moreover, even though Burma ratified ILO Convention No. 29 (1930) in 
1955, it remains unimplemented. In preparing Burma's Visit Myanmar 
Year for the promotion of tourism, not only men, but even under-aged 
children and women were required to work without payment on 
constructions of tourist facilities and attractions. For instance, 
thousands of people were required to work in shifts 24 hours a day in 
order to prepare Mandalay moat, violating ILO Convention No 29.
Therefore, the ILO assembly adopted a condemnatory resolution using 
strongly critical words regarding Burma's breaches of ILO Conventions 
No.87 and 29, and warning the Burmese government regarding it's 
failure to implement these Conventions. 

Moreover, the Burmese government was instructed to follow the 
resolutions laid down by the Third Committee during the 50th session 
of the United Nations General Assembly, issued on 11 December 1995. 

We are very disappointed that the Burmese government continues to 
violate human rights.

With reference to the Universal Declaration of Human Rights, we urge 
the Burmese government to create opportunities for all people to be 
involved in politics and to develop a democratic system, especially 
to transfer power to those persons elected through due democratic 
process.  

We strongly urge the government of Burma: 
· To respect and permit human rights, including rights to organize 
and freedom of speech,
· To protect indigenous peoples and ethnic minorities, 
· To respect the right to life and cease violations of human dignity
· To cease torturing, rape, forced laboring, forced relocation, 
summary execution and disappearances.

We are extremely concerned by continued violations of human rights in 
Burma as observed by the United Nations special rapporteur, noted to 
include - execution; arbitrary arrest; detention; restrictions on 
freedom of speech, publicity and the right to association; torture; 
forced labor; forced portering and other enormous violations during 

military operations, and forced relocation for reasons of economic 
development.

Article 26 of the ILO Constitution states that if a country fails to 
meet the world's labor norms and standards and violates human rights, 
then the ILO has the right to form a special commission of 
investigation. Therefore the Burmese government needs to deal with 
its failure to follow the Conventions and its violations of human 
rights, lest action be taken in accordance with Article 26 of the ILO 
Constitution.

Furthermore, on December 12, 1996, the United Nations General 
Assembly strongly condemned Burma for the practice of forced labor 
(ILO Con. 29) and for denying the rights to organize and freedom of 
association (ILO Con.  87).  

The Assembly also demanded that Burma follow the ILO Conventions.

10. 	NLD Aims for labor affairs

	The Central Labor Affairs Working Group of the NLD aims to 
regain and 
protect these labor rights, notably the rights to organize and 
associate freely, to demand legitimate labor rights, and the right to 
form trade unions for workers in factories, industries and 
departments.  Therefore, the following projects are planned to 
achieve these aims.

11. 	Projects

	The following projects of the NLD's Central Labor Affairs 
Working 
Group are designed to achieve these aims;
	(a) To study whether or not the current market economy and 
existing 
labor laws are complimentary.
	(b) "The Public Workers' Basic Rights and the Duties Act", 
revised in 
1964 from the "Trade Conflict Act (1929)" was designed in part as a 
mechanism for resolution of industrial conflicts, but is now in a 
state of collapse and is implemented only at  township levels. As 
such, we must examine current industrial conflicts of both recent and 
extended nature such that we might establish a systematic process for 
resolutions.
	(c) To collect and outline labor rights grievances, to find 
ways to 
attain rights not yet enjoyed by all workers, and to prepare minimum 
wage and salary policies for workers, who are struggling with 
insufficient income. To collect information by which to revise labor 
laws.
	(d) To study the constitutions of trade unions from democratic 
countries.
	(e) To hold seminars and training programs among the NLD's 
state, 
division and township level members regarding labor laws and other 
labor issues.
	(f) If necessary, the Central Labor Affairs Working Group will 
have 
to increase its membership size.

12. Conclusion

These are the activities of the Central Labor Affairs Working Group, 
accountable to the Central Executive of the NLD Party.  Under the 
guidance of the NLD, we will do our utmost for the benefit of all 
workers throughout Burma.


The Central Labor Affairs Working Group
27 May 1997
























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