INTERNATIONAL LABOUR OFFICE GB.293/7

293rd Session


Governing Body Geneva, June 2005

SEVENTH ITEM ON THE AGENDA


337th Report of the Committee

on Freedom of Association


[extracts on the Myanmar case]


Contents

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Paragraphs



................................Case No. 2268 (Myanmar): Interim report

Complaint against the Government of Myanmar presented by the International

Confederation of Free Trade Unions (ICFTU) .................................................................... 1058-1079

The Committee’s conclusions.............................................................................................. 1080-1111

The Committee’s recommendations ............................................................................................... 1112



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CASE NO. 2268

INTERIM REPORT


Complaint against the Government of Myanmar

presented by the International Confederation of Free Trade Unions (ICFTU)

Allegations: (1) allegations relating to legislative

issues: unclear legislative framework covering

freedom of association; serious discrepancies

between legislation and Convention No. 87;

repressive texts, in particular military orders

and decrees, detrimental to freedom of

association and which contribute to a climate of

denial of fundamental freedoms and to

annihilate and destroy any form of labour

organization; (2) allegations relating to factual

issues: total lack of legally registered workers’

organizations; systematic practice of repression

by public authorities of any form of labour

organization; the Federation of Trade Unions of

Burma (FTUB) cannot function freely and

independently on the Myanmar territory and its

General Secretary has to face criminal

prosecution because of his legitimate trade

union activities; murder, detention and torture

of trade unionists; continuing repression of

seafarers for the exercise of their trade union

rights; arrest and dismissal of workers in

connection with collective labour protests and

claims, in particular at the Unique Garment

Factory, the Myanmar Texcamp Industrial Ltd.

and the Myanmar Yes Garment Factory;

intervention of the army in labour disputes



1058. The Committee examined this case at its March 2004 meeting and submitted an interim

report to the Governing Body [see 333rd Report, paras. 642-770, approved by the

Governing Body at its 289th Session (March 2004)].

1059. Following the publication of its interim report in this case, the Committee received a

communication dated 14 April 2004 from the International Transport Workers’ Federation

(ITF) in which it refuted the Government of Myanmar’s statement that the Myanmar

Overseas Seafarers’ Association (MOSA) was affiliated to it. This statement had been

recorded in paragraph 716 of the Committee’s interim report.

1060. The Government sent new observations in communications dated 23 September 2004, and

7 and 28 January 2005.


1061. Myanmar has ratified the Freedom of Association and Protection of the Right to Organise

Convention, 1948 (No. 87), but has not ratified the Right to Organise and Collective

Bargaining Convention, 1949 (No. 98).



A. Previous examination of the case


1062.
At its March 2004 meeting, the Committee made the following recommendations in

relation to this case [see 333rd Report, para. 770]:


(a) Noting the absence of a legal basis for freedom of association in Myanmar, the

Committee requests the Government to:


(i) elaborate a legislation whereby the respect for, and the realization of, freedom of

association will be guaranteed for all workers, including seafarers, and employers;


(ii) include in the aforementioned legislation specific measures whereby any other

legislation, including Orders Nos. 2/88 and 6/88, will not apply in a manner which

would undermine the guarantees relating to freedom of association and collective

bargaining.


(b) Bearing in mind the serious implications of the lack of legal basis for freedom of

association in Myanmar, the Committee is convinced that the Government should accept

the technical assistance of the Office to remedy the situation.


(c) Noting that workers’ welfare associations are not substitutes for free and independent

trade unions, and pending the outcome of the legislative process, the Committee requests

the Government to refrain from any acts preventing the free operation of any form of

organized collective representation of workers, including of seafarers, freely chosen by

them to defend and promote their economic and social interests; this request includes

workers’ organizations, which operate in exile as they cannot be recognized in the

prevailing legislative context of Myanmar; the Committee requests the Government to

issue clear instructions in this regard to its agents and to keep it informed of

developments. The Committee recalls that the right of workers and employers to freely

establish and join organizations of their own choosing cannot be said to exist unless such

freedom is fully established and respected in law and practice.


(d) The Committee requests the Government to establish an independent panel of experts

who could be considered impartial by all the parties concerned, to undertake an

independent investigation into the murder of Saw Mya Than and to inform it of the

decision in this regard.


(e) Concerning the General Secretary of FTUB, the Committee requests the Government to

adduce evidence illustrating that the grounds on which the criminal charges were pressed

against the General Secretary of FTUB had no connection with his trade union activities;

it requests copies of the decision, referred to in the Government’s reply, by which he was

found guilty under section 122 of the Penal Code, as well as any documents relating to

the other case filed against him under the Public Protection Preservation Law, 1947.

(f) Concerning the interconnected cases of Myo Aung Thant and Khin Kyaw, and taking

into account that they did not benefit from a fair trial with access to legal counsel of their

choice and that the conviction of Myo Aung Thant allegedly rested on a confession

obtained under torture, the Committee urges the Government to take the necessary steps

to have both Myo Aung Thant and Khin Kyaw released from prison.


(g) The Committee regrets that the Government has not provided any replies to the

allegations made in Thet Naing’s case and firmly requests the Government to submit a

comprehensive reply together with the copies of any relevant documents, including any

judicial decision under which Thet Naing might have been sentenced; if any sentence

has been handed down, the Committee requests the Government to provide evidence to

prove that it has no connection with any activity related to freedom of association and, in

the absence of conclusive evidence, to take urgent steps to release Thet Naing from

prison.


(h) The Committee requests the Government to submit a detailed reply on the allegations

relating to Shwe Tun Aung’s case, including any relevant documents to support its

comments; the Committee requests the Government to provide any contract or document

signed or accepted by Shwe Tun Aung before he could take up his first assignment as

seafarer, as well as any document on the basis of which seafarers can currently take up

their first assignment.


(i) Concerning the various cases of alleged repression or threats towards factory workers for

having pursued their labour grievances:


(i) the Committee requests the Government to provide copies of the relevant legal

instruments governing the dispute-resolution mechanism and, in particular, details

on the composition, the role and the functioning of the Township Workers’

Supervisory Committee and the Supervisory Committee of the Industrial Zones;


(ii) in the case of the Motorcar tyre factory, in view of the direct conflicting versions

given by the complainant and the Government, the Committee requests the

Government to provide copies of the company’s records of employees on 9 and

31 March 2001 with due explanations of any differences so as to resolve this issue;


(iii) the Committee requests the complainant to submit additional information in light

of the comments made by the Government on labour disputes which occurred in

the Unique Garment Factory, the Myanmar Texcamp Factory and the Myanmar

Garment Factory;


(iv) the Committee requests the Government to provide copies of all agreements (or to

detail the terms of the agreements if no formal document was signed by the parties)

referred to in its reply and in particular: (1) the agreements relating to the disputes

of 6 October 2000 and 15 December 2001 concerning the Unique Garment

Factory; (2) the agreements relating to the disputes of 8 January, 2 December 2002

and 5 July 2003 concerning the Myanmar Texcamp Factory; and (3) the

agreements relating to the dispute of 24 May 2002 concerning the Myanmar Yes

Garment Factory; the Committee requests the Government to submit any other

records of the process leading to the conclusion of the agreements and to detail by

whom and the manner in which they have since been implemented;


(v) the Committee requests the Government to specify the grounds on which the

following dismissals have occurred and to detail the agreements reached as to the

conditions under which the dismissals were eventually settled: (1) the dismissal of

the 77 night shift workers from the Unique Garment Factory; (2) the workers from

the Myanmar Yes Garment Factory who disagreed on 16 September 2002 with the

conditions under which they had previously been laid off; the Committee also

requests the Government to submit further information on the dismissals which

have occurred in the Myanmar Texcamp Factory due to the economic situation.


(vi) Noting that the Government denies any intervention of the army in labour

conflicts, the Committee requests the Government to explicitly protect workers’

and employers’ organizations from any interference by the public authorities in the

forthcoming legislation on freedom of association.



B. The Government’s new observations


1063. The Government submitted further information in response to the Committee’s

recommendations in communications dated 23 September 2004, and 7 and 28 January

2005.


Legislative issues


1064. Referring to the Committee’s earlier conclusions concerning both the absence of a legal

basis for freedom of association in Myanmar and the workers’ welfare associations, the

Government stated, in its communication dated 23 September 2004, that since 1988, when

the Constitution was suspended, there has been no trade union in Myanmar that conforms

to the requirements of Convention No. 87 and that until a new Constitution is drawn up, no

such trade union can be established. The Government referred to its “seven-step road map”

and stated that it cannot be changed in any way. The Government indicated that, in any

case, the legal rights of workers are well protected as it has mentioned previously.

Workers’ welfare associations still function and the Government is striving to build a

healthy industrial relations system that meets the country’s present requirements.


Factual issues



Responses concerning workers’ welfare associations


1065. The Government indicated in its communication dated 7 January 2005 that it ensures that

the associations are involved in workers’ economic and social interests, and that the

Government does not interfere in their affairs. The Government stated that representatives

are freely chosen and that there are many associations in both the public and private

sectors.



Response concerning the death of Saw Mya Than


1066. In its communication dated 23 September 2004, the Government repeated its earlier

statements that Saw Mya Than had not been murdered, that a thorough investigation had

been carried out, and that compensation had been given to his family.



Response concerning the General Secretary of the FTUB


1067. Regarding the matter of the General Secretary of the FTUB – known as either Maung

Maung or Pyithit Nyunt Wai – the Government informed the Committee in its

communication dated 23 September 2004 that a press conference had been held on 26 June

2004 in connection with the explosion of mines planted by expatriate groups in the

environs of the Yangon railway station. Maung Maung’s involvement in that incident was

published in the newspaper on that date and the Government attached a copy of an article

from a newspaper.



Response concerning the imprisonment of Myo Aung Thant, Khin Kyaw and Thet Naing


1068. In its communication dated 28 January 2005, the Government indicated that Thet Naing

was released from prison on 19 November 2004. In relation to Myo Aung Thant, the

Government stated that he had been charged under section 122(1) of the Penal Code (High

Treason) and sentenced to ten years’ imprisonment, in addition to seven years’

imprisonment for violation of sections 5(c) and (j) of the Emergency Provision Act and

three years’ imprisonment for violation of the Unlawful Association Act. The Government

indicated that there is no record of imprisonment of Khin Kyaw.


Response concerning Shwe Tun Aung


1069. In relation to the case of Shwe Tun Aung, the Government stated in its communication

dated 23 September 2004 that as he had a seafarer’s card, it recognized him as a Myanmar

seaman. The Government indicated that because his contract with CTM Trading Co. Ltd.

to work on the M/V Great Concert had been signed in Bangkok, it was not able to provide

a copy of it as requested by the Committee. The Government only became aware of Shwe

Tun Aung’s situation upon receipt of a fax dated 25 December 2000 from the ITF to the

Director-General of the Department of Marine Administration, a copy of which it attached

to its communication to the Committee. This fax advised that Shwe Tun Aung had been

stranded in Venezuela for six months and, despite two telephone calls informing the

Director-General of this and requesting the issuance of a passport for him, the Government

of Myanmar had taken no positive action. The ITF indicated that if there was again no

response within one week, it would internationally publicize the case.


1070. The Government explained that the Seamen Employment Control Division (SECD) of the

Department of Marine Administration, Ministry of Transport responded to that fax by a

letter dated 26 December 2000, a copy of which was attached to the communication. In

that letter, the SECD advised the ITF that it had requested a certificate of identity to be

issued for Shwe Tun Aung, “which can be used as a passport in going back to Myanmar”.

The SECD further indicated that the Ministry of Foreign Affairs had already instructed the

Myanmar Embassy in Brasilia to issue Shwe Tun Aung with travel documents since

October 2000. Finally, the SECD sought information from the ITF as to Shwe Tun Aung’s

location, so that it might directly contact him, as he was required to attend an upgrading

course in accordance with the “STCW 95 requirements”. The Government indicated that

Shwe Tun Aung would be issued with a certificate of identity by the Brasilia Embassy if

he should contact it and that to date it had not received any information as to his

whereabouts.


Response concerning the Myanmar Overseas Seafarers’ Association


1071. In response to a letter from the ITF indicating that the statement of the Government that

MOSA is affiliated to the ITF is a total fabrication and should be disregarded by the

Governing Body, and adding that its executive board would not accept into affiliation an

organization which is clearly the creation of the Burmese Government, the Government

stated in its communication dated 23 September 2004 that MOSA had sent affiliation

information to the ITF in a letter dated 23 July 2003, but since then there has been no

formal letter from the ITF to either MOSA or the Department of Marine Administration.

The Government attached a copy of the letter sent by MOSA to the ITF. The Government

further indicated that MOSA had “inherited” the Burma Seamen’s Union which was a

genuine seafarers’ association, that all its members were bona fide seamen, that its

executive was composed of members with at least four years’ service as seamen, and that it

uses the same building and logo, etc. of the Burma Seamens’ Union, which was already

affiliated to the ITF. The Government stated that during the transitional period, because of

the major political, economic and social change in Myanmar, there was a lack of

communication between the ITF and the Burma Seamen’s Union.


1072. For those reasons, the Government stated, it cannot understand the reaction of the ITF as

MOSA is a genuine non-governmental organization with the right to affiliate with

international federations and confederations in regard to matters relating to seafarers’

rights. The Government stated that the overtures made to the ITF for affiliation are an

obligation of the party concerned. Further, the Government listed the following instances

in which MOSA conciliated on the settlement of disputes in which benefits and

compensation were paid to its members:


(a) Seaman Kyaw Zin Lat: 11 December 2002, complaint filed against CTM Trading Co.

Ltd. for back payment of salary and compensation; 12 August 2003, MOSA

coordinated and conciliated the dispute; 17 September 2003, compensation of Kyats

40 lakh paid and case closed;


(b) Seaman Aung Kyaw Htoo; 11 August 2003, complaint against H Brother Co. Ltd. for

back payment of four months’ salary; 16 October 2003, MOSA coordinated and

conciliated the dispute; 4 November 2003, four months’ salary (Kyats 12 lakh) paid

and case closed;


(c) Seaman Aung Ko Oo: 11 August 2003, complaint against H Brother Co. Ltd. for back

payment of four months’ salary; 16 October 2003, MOSA coordinated and

conciliated the dispute; 4 November 2003, four months’ salary (Kyats 9 lakh) paid

and case closed;


(d) Seaman Si Thu Win: 1 September 2003, complaint against H Brother Co. Ltd. for

back payment of four months’ salary; 16 October 2003, MOSA coordinated and

conciliated the dispute; 4 November 2003, four months’ salary (Kyats 9 lakh) paid

and case closed;


(e) Seaman U Phone Kyaw: 17 October 2003, complaint against New Asia Shipping Co.

Ltd. for medical benefits; MOSA coordinated and conciliated the dispute;

24 November 2003, medical benefits amounting to FEC 1,000 paid and case closed;


(f) Seaman Maung Hla Htwe: 31 October 2003, complaint against Richfield Ship

Management Co. Ltd. for back payment of salary; 20 November 2003, MOSA

coordinated and conciliated the dispute; 14 May 2004, documents concerning the

receipt of the back pay were submitted, complainant submitted a letter of receipt, and

the case was closed;


(g) Seaman Maung Tint Lwin: 31 October 2003, complaint against Richfield Ship

Management Co. Ltd. for back payment of salary; 20 November 2003, MOSA

coordinated and conciliated the dispute; 14 May 2004, documents concerning the

receipt of the back pay were submitted, complainant submitted a letter of receipt, and

the case was closed;


(h) Seaman Myo Set Oo: 31 October 2003, complaint against Richfield Ship

Management Co. Ltd. for back payment of salary; 20 November 2003, MOSA

coordinated and conciliated the dispute; 14 May 2004, documents concerning the

receipt of the back pay were submitted, complainant submitted a letter of receipt, and

the case was closed.



Response concerning alleged labour unrest

and dismissals of workers


(a) Disputes resolution


1073. The Government stated, in its communication dated 23 September 2004, that on 25 May

2003, the Ministry of Labour reorganized the Central Trade Disputes Committee (CTDC),

with the Minister for Labour as chairperson, the Director-General of the CTDC as

secretary, and composed of eight other governmental members. The Government attached

an untranslated announcement of the change and provided details of the relevant legal

instruments governing the disputes resolution mechanism as follows.


1074. The Government stated that the directive governing the CTDC was issued by the Office of

the CTDC under section 6 of the Trade Disputes Rules, 1963, and includes measures on

how to solve disputes. The duties and functions of the CTDC are:


(a) Duty of a “board” to bring about a settlement of a dispute referred to it and, for this

purpose shall, in such manner as it thinks fit and without delay, investigate the dispute

and all matters affecting its merits and settlement, and in so doing may do all things it

thinks fit for the purpose of inducing the parties to reach a fair and amicable

settlement, and may adjourn the proceedings for any period to allow the parties to

agree upon terms.


(b) If a settlement is reached by the parties during the course of the board’s investigation,

a memorandum of settlement shall be drawn up by the board and signed by the parties

and the board shall send it together with a report to the authority by which it was

appointed.


(c) If no settlement is reached during the investigation, the board shall, as soon as

possible after the closure of the case, send a report to the authority by which it was

appointed, setting out the proceedings and steps taken by the board to ascertain the

relevant facts and attempt to reach a settlement, together with a statement of the facts

and circumstances, its findings and recommendations for the determination of the

dispute.


(d) The board’s recommendation shall deal with each item of the dispute and shall state

the board’s opinion as to what ought to be done by the respective parties.


(e) If an agreement is reached as a result of negotiations conducted either by a board or a

conciliation officer, it shall be legally binding on both parties to the dispute and

failure to comply with or carry out any of the terms shall be punishable by simple

imprisonment of a maximum of three years, or a fine, or both.


1075. The Government stated that the role and functions of the Township Workers’ Supervisory

Committee (TWSC) are set out in a guide entitled “the conciliation process of disputes

between the employer and worker” issued by the Department of Labour. The Government

indicated that the guide contains a detailed process of activities to conciliate the disputes

between employers and workers. The TWSC were formed under section 2(A) of the Trade

Disputes Act, 1929, and are empowered to handle conciliation and negotiation under

sections 7 and 27 of the Act. The TWSC are invested with the responsibilities for

negotiation and conciliation among employers and workers in “case with related disputes”.

Their duties and functions are:


(a) to carry out conciliation and negotiation in order to solve disputes;


(b) to include the right to enter factories, establishments or enterprises, after having

informed of their intention to do so, as well as to inspect papers and documents;


(c) to summon relevant persons or their representatives; should such a person not appear

within the prescribed time, action will be taken against him or her according to

existing law;


(d) to ensure confidentiality upon a request that a person’s papers and information remain

confidential;


(e) a contract or memorandum signed under the TWSC’s authority is legally binding and

if either party breach or fail to comply with it, action will be taken against them or

their representatives under the existing labour law.


1076. The Government attached additional information to its communication dated 23 September

2004 about cases of disputes conciliated by the TWSCs. This information indicated that

between 2000 and 2004, 1,169 cases were conciliated and negotiated by the TWSC in

various industrial zones, involving 19,186 workers.


1077. The Government further indicated that Directive No. 1/97 of the Management of Industrial

Zones is concerned with the Supervisory Committee of the Industrial Zones and was issued

by the Department of Human Settlement and Housing Development, Ministry of

Construction; and, moreover, that these mechanisms are also mentioned in the procedures

to be followed by the Secretary of the Townships Trade Disputes Committees and

States/Divisional Trade Disputes Appeal Committee.



(b) Motorcar tyre factory


1078. Regarding the allegations concerning the Motorcar tyre factory, the Government attached

to its communication dated 23 September 2004 a list setting out the attendance of workers

on 9 March 2001 and 31 March 2001, as requested by the Committee in its last

examination of this case. The list indicated that between 9 March and 31 March 2001, the

total workforce at the factory in the payment category 5400-100-5900, increased by one; in

the payment category 4800-100-5300, decreased by two; and in the payment category

3000-100-3500, decreased by one. In all other payment categories the total number of the

workforce remained steady. The information was provided by way of a table prepared by

the factory management.



(c) Unique Garment Factory, Myanmar Texcamp Industrial

Ltd. and Myanmar Yes Garment Factory


1079. Concerning the information requested by the Committee, the Government attached

unauthenticated translation” of contracts or memoranda of understanding between

employers and workers of the Unique Garment Factory, the Myanmar Texcamp Industrial

Ltd. and the Myanmar Yes Garment Factory, under the TWSC. The Government indicated

that it would not be possible to undertake the translation of all the other records of the

process leading to the conclusion of the agreements, as there are so many agreements, but

further included some other agreements for the Committee’s information.



Unique Garment Factory


! The Government attached an agreement between Daw Khin Shwe Win and ten other

employees and the owner of the Unique Garment Factory dated 6 October 2000

which concerned the reinstatement of the 11 workers, the involvement of expatriate

personnel in the management of the factory and overtime.


! The Government attached an agreement between Thandar Win and Ma San San Oo

(employees) and the owner of the Unique Garment Factory dated 15 December 2001.

The agreement concerned working hours, pay increases, overtime, late arrival at the

factory, administration of the factory in relation to the overall affairs of workers,

medical leave, the role of the interpreter, the relationship between supervisors and

workers, a guarantee that workers who submitted these claims would not be dismissed

from work, transportation and information for workers concerning the price of the

goods.


! In its communication dated 7 January 2005, concerning the dismissal of 77 night shift

workers from the factory, the Government stated that due to economic sanctions

imposed against the country, the factory closed on 31 August 2003. In fact, all

workers employed by the Unique Garment Factory were laid off, with due

compensation paid. The Government indicated that there were 30 male and 242

female workers at the factory at that time.



Myanmar Texcamp Industrial Ltd.


! The Government attached an agreement between Ma Aye San, Ma Thet Thet Aung,

Ma Tin Win Myint, Ma Sein Sein, Ma Ohmar Win, Ma Win Win Thein and Na

Thandar Oo (employees) and the owner of the Myanmar Texcamp Industrial Ltd.

dated 8 January 2002 which concerned pay increases, transportation, time of payment

of wages and salary, annual prize-giving ceremony and a guarantee of the full daily

wage in the case of lack of work.


! The Government attached an agreement between Daw Khin Thida Win and U Aung

Kyaw Soe (employees) and the owner of the Myanmar Texcamp Industrial Ltd. dated

variously 5 July and 1 August 2002. The agreement concerned pay increases,

transportation, date for payment of wages or salary, annual prize-giving ceremony,

and a guarantee that workers will be paid the full daily wage in the case of lack of

work.


! The Government stated in its communication dated 7 January 2005 that the factory

employed 87 male and 494 female workers. Following the adoption of economic

sanctions, the factory was affected by both reduction in orders and inability to source

raw materials and, as a result, on 1 August 2003 some production was stopped. At

that time, the factory informed the concerned departments, explained the situation,

and advised that the operation of the factory would be stopped on 1 August 2003 and

340 workers would be laid off. The Government attached a list of compensation paid

to those workers by the employer.



Myanmar Yes Garment Factory


! The Government attached an agreement between Min Min Htwe and Ma Shu Ti

(employees) and the owner of the Myanmar Yes Garment Factory dated 24 May 2002

which concerned increases in basic salary, provision and storage of factory

equipment, overtime and enforcement of working hours, provision of drinking water,

the behaviour of supervisors and a guarantee not to dismiss workers unless they

breach factory or workplace regulations.


! The Government stated that the case commenced on 15 September 2002, when Mg

Zin Min Thu was absent from work without informing his superior. The following

day, when the general manager sought a signed confession from him, he refused and

was dismissed for not obeying work discipline requirements under the employment

contract. Mg Zin Min Thu had been employed for five months; he refused to accept

compensation of two months’ salary as offered by the employer. The Government

indicates that his manager advised him to submit a complaint to the TWSC, but that

Mg Zin Min Thu consulted with Mg Min Min Htwe who was a representative of the

workers’ group that had reached the agreement with the employer in May 2002

described immediately above. The Government indicated that Mg Zin Min Thu made

a verbal complaint to the TWSC but did not submit his complaint in writing,

indicating that he did not wish to accept the compensation. On 16 September 2002, he

organized” the workers Min Min Htwe, Kyaw Min Oo, Win Zaw Oo, Kyaw Soe and

Win Aung and submitted a complaint containing ten demands, including the manner

of management of the factory, overtime and working hours, religious and cultural

rights and grudges held against certain workers. The Government indicated that

following negotiations, an agreement was reached with which all workers were

satisfied. Mg Zin Min Thu however did not attend that meeting nor the factory and, to

date, he has not attended to receive his two months’ salary as compensation.



Agreements in relation to other factories


! The Government attached three further agreements between the employees and

owners of the Myanmar April Garment factory (dated 13 November 2002), Esquire

Int’l. Co. Ltd. (dated variously 11 March and 8 January 2002) and the Kyone Li

Leather Bag factory (dated 2 and 18 July 2001 concerning various matters).



C. The Committee’s conclusions


1080. The Committee recalls that this case concerns both allegations relating to the lack of

legislative basis for freedom of association in Myanmar, and factual allegations

concerning the total absence of recognized workers’ organizations in Myanmar, including

opposition by the authorities to the organized collective representation of seafarers and to

the exiled FTUB; the arrest, imprisonment and death of trade unionists; and threats

against, and dismissals and arrests of, workers who had pursued labour grievances.



Legislative issues


1081. The Committee recalls that the legislative issues raised by the allegations concern,

paradoxically, the absence of any legislative guarantees of freedom of association, as well

as the existence of Order No. 6/88 that subjects the establishment of unions to previous

authorization by the Ministry of Home and Religious Affairs and bans organizations on

broad terms, giving rise to a situation which is clearly in breach of Convention No. 87. The

Committee recalls that its previous recommendations in this regard concerned the need to

both elaborate legislation guaranteeing freedom of association and to ensure that other

legislation would not be applied so as to undermine that guarantee. The Committee regrets

to note that the Government has limited its reply in relation to the legislative issues of this

case to stating that trade unions conforming to the requirements of Convention No. 87

would not be possible until a new Constitution is adopted in the country and, in the

meantime, the “seven-step road map” could not be deviated from. The Committee once

again observes in this respect that the lack of a State constitution since 1974 has not

prevented all legislative activities in Myanmar and, in fact, legislative instruments such as

Order No. 6/88 have been enacted that directly contradict the Convention.


1082. The Committee deplores the fact that, despite considerable concern being expressed about

the lack of conformity of Myanmar legislation with Convention No. 87 for a number of

years by the Committee of Experts and the Conference Committee on the Application of

Standards, and despite this Committee’s previous request to the Government to elaborate

legislation guaranteeing freedom of association for all workers in Myanmar, no concrete

steps have been taken to begin this process.


1083. The Committee deeply regrets moreover that the Government has not given any indication

that suggests that it is considering, in good faith, steps to provide for a legal basis for

freedom of association as requested by the Committee. The Committee must recall that this

persistent failure to take any measures to remedy the lack of legislation in this regard

constitutes a serious and ongoing breach by the Government of its obligations flowing

from its voluntary ratification of Convention No. 87.


1084. Accordingly, the Committee strongly urges the Government to enact legislation whereby

the respect for, and the realization of, freedom of association is guaranteed for all

workers, including seafarers, and employers; to include in that legislation specific

measures whereby other legislation, including Orders Nos. 2/88 and 6/88, will be

abolished so as not to undermine the guarantees relating to freedom of association and

collective bargaining; to explicitly protect workers’ and employers’ organizations from

any interference by public authorities, including the army; and to ensure that any such

legislation so adopted is made public and its contents widely diffused. The Committee

further urges the Government, once again, to take advantage of the technical assistance of

the Office to remedy the legislative situation and to bring it into line with Convention

No. 87 and collective bargaining principles. The Committee requests the Government to

keep it informed of all developments in respect of legislation enacted or envisaged.




Factual issues


1085. The Committee recalls that the factual issues considered in its previous examination of this

case concerned the need: to ensure that the organized collective representation of workers,

including seafarers and organizations in exile, was not prevented pending the adoption of

legislation as requested by the Committee; to establish an impartial and independent panel

of experts to investigate the death of Saw Mya Than; for evidence that the criminal charges

against the General Secretary of the FTUB were unconnected with his trade union

activities; to release Myo Aung Thant and Khin Kyaw from prison; for comprehensive

replies regarding the cases of Thet Naing and Shwe Tun Aung; and for further detailed

information on the disputes resolution mechanisms and the situations at the Motorcar tyre

factory, the Unique Garment Factory, the Myanmar Texcamp Industrial Ltd. and the

Myanmar Yes Garment Factory.



Workers’ welfare associations and Myanmar

Overseas Seafarers’ Association


1086. Concerning the need to ensure that the organized collective representation of workers was

not prevented, the Committee recalls that it had noted that the workers’ welfare

associations to which the Government had referred were not substitutes for free and

independent trade unions and had requested the Government to issue clear instructions to

its agents to refrain from preventing the organized collective representation of workers,

including seafarers and organizations operating in exile. The Committee notes the

information provided by the Government in this regard that it ensures that the workers’

welfare associations are involved in workers’ economic and social interests, that the

Government does not interfere in their affairs, and that representatives are freely chosen.


1087. The Committee notes that the Government provided further information concerning the

representation of seafarers, in response to the letter from the ITF advising that the

Myanmar Overseas Seafarers’ Association (MOSA) was not an affiliated organization as

had been suggested by the Government. The Committee notes that the Government

indicated, in response, that MOSA had sent affiliation information but had not received

any reply from the ITF, and that as MOSA was the inheritor of the Burma Seamen’s

Union, an ITF affiliate and actively represented its members in negotiations and

conciliations, the Government could not understand any obstacle to MOSA’s affiliation.


1088. The Committee recalls in this regard its previous comments that workers’ welfare

associations, of which MOSA is an example, are not substitutes for free and independent

trade unions. This will be so for as long as they fail to present guarantees of independence

in their composition and in their functioning and, at least as far as seafarers are

concerned, for as long as these workers are prevented from establishing or joining the

association of their own choosing. For workers’ welfare associations to truly be

considered, as the Government submitted in its earlier observations, forerunners of trade

unions, they must enjoy, at least, guarantees of independence and represent autonomous

groupings of workers, free from Government interference, in order to constitute real

preliminary steps towards the setting up of free and independent trade unions.


1089. In addition, the Committee recalls that in its previous examination of the case it had noted

that paragraph 5 of Chapter 4 of the rules of MOSA explicitly limits seafarers’ freedom of

choice to establish and join associations, as MOSAis the sole association representing

seafarers [see 333rd Report, para. 741]. In any event, by the Government’s own

submission in its observations to the Committee, no trade unions exist in Myanmar that

conform with the requirements of Convention No. 87.


1090. The Committee is obliged to note, finally, that the Government has neither responded to

the Committee’s request to refrain from any acts preventing the free operation of any form

of freely chosen organized collective representation of workers, nor has it provided any

information suggesting that it has issued instructions to its agents to ensure the unimpaired

collective representation of workers, including seafarers and organizations operating in

exile. The Committee once again requests the Government 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 seafarers’ organizations and organizations which operate in exile as they cannot

be recognized in the prevailing legislative context of Myanmar. The Committee further

requests the Government to issue instructions to that effect to its civil and military agents

as a matter of urgency and to keep it informed of all measures taken in this regard.



Death of Saw Mya Than


1091. In relation to the need to establish an independent and impartial panel of experts to

undertake an investigation into the death of Saw Mya Than, the Committee regrets to note

that the Government has limited its observations to repeating its earlier comments that

Saw Mya Than was not murdered, that a thorough investigation was carried out, and that

compensation had been paid to his family. Emphasizing that serious cases such as the

alleged murder of a trade unionist require the institution of independent judicial inquiries

in order to shed full light, at the earliest date, on the facts and the circumstances in which

such actions occurred and in this way, to the extent possible, determine where

responsibilities lie, punish the guilty parties and prevent the repetition of similar events

[see Digest of decisions and principles of the Freedom of Association Committee, 1996,

para. 51], the Committee once again firmly requests the Government to convene as a

matter of urgency an independent and impartial panel of experts to investigate this death

and to keep it informed in this regard.



Criminal charges against the General Secretary of the FTUB


1092. In relation to the need to ensure that the criminal charges brought against the General

Secretary of the FTUB had no connection with his trade union activities, the Committee

notes that the Government provided the Committee with a copy of a newspaper report

based on a press conference held by various deputy ministers and the Vice-Chief of

Military Intelligence on 26 June 2004 that indicated that the General Secretary had been

involved in planting mines. Recalling that in cases involving the arrest, detention or

sentencing of a trade union official, the Committee, taking the view that individuals have

the right to be presumed innocent until found guilty, has considered that it was incumbent

upon the Government to show that the measures it had taken were in no way occasioned by

the trade union activities of the individual concerned [see Digest, op. cit., para. 65], the

Committee considers that a newspaper report does not provide sufficient, or even

admissible, proof that the criminal charges against the General Secretary of the FTUB

were unconnected with his trade union activities.


1093. The Committee must express its deep concern at the lack of evidence produced by the

Government to prove that the charges brought against the General Secretary of the FTUB

were unrelated to his trade union activities. The paucity and nature of the proof presented

in such an important case leads the Committee to seriously query whether these charges

were indeed unrelated to his trade union activities. It once again requests the Government

to provide copies of the decision which found the General Secretary guilty of high treason

under section 122 of the Penal Code, and any documentation relating to the case the

Government explained had been filed against him under the Public Preservation Law,

1947.



Imprisonment of Myo Aung Thant, Khin Kyaw and Thet Naing


1094. In relation to the imprisonment of Myo Aung Thant and Khin Kyaw, the Committee notes

that the Government has indicated that Myo Aung Thant had been sentenced to a total of

20 years’ imprisonment under the Penal Code, the Emergency Provision Act and the

Unlawful Association Act. The Committee further notes the information provided by the

Government that there is no record of the imprisonment of Khin Kyaw.


1095. The Committee notes that the Government has still not disputed the allegations of trade

union involvement, the arrest of families, secret trials without freely chosen legal

representation and torture in the case of these two trade unionists. In these circumstances,

the Committee deeply deplores that the Government has not taken any steps to ensure the

release of Myo Aung Thant and once again urges the Government to take the necessary

steps to ensure his immediate release from prison.


1096. As regards Khin Kyaw, the Committee further recalls that the Government’s previous reply

had indicated that both Myo Aung Thant and Khin Kyaw, together with other accomplices,

had decided on 4 June 1997 to instigate workers’ unrest in Yangon and to commit crimes;

they were arrested on the same day, explosives and other evidence were seized in

Kawthoung and both Myo Aung Thant and Khin Kyaw were sentenced for their crimes. In

light of the clear contradiction between the Government’s earlier reply and its present

observations in respect of Khin Kyaw, the Committee urges the Government to take the

necessary steps to ensure his immediate release from prison and, in the event he has

already been released, to provide precise information in this respect. The Committee

requests the Government to keep it informed in respect of the cases of both Myo Aung

Thant and Khin Kyaw.


1097. In relation to the case of Thet Naing, the Committee notes that the Government indicated

that Thet Naing was released from prison on 19 November 2004.



Seafarer Shwe Tun Aung


1098. In relation to the case of Shwe Tun Aung, the Committee notes the information provided by

the Government that it recognized Shwe Tun Aung as a Myanmar seafarer as he had a

seafarer’s card, that it had instructed that a certificate of identity be issued for him that he

could use to travel back to Myanmar, and that it had sought his whereabouts as he was

required to attend an upgrading course.


1099. Recalling that this case concerned serious allegations of anti-union discrimination, the

Committee once again requests the Government to submit a detailed reply on the

allegations of anti-union discrimination relating to Shwe Tun Aung’s case and, in

particular, the allegations that before taking his first position as a seafarer, the Seaman

Employment Control Division (SECD) obliged Shwe Tun Aung to sign a document

warning against union membership; that other M/V Great Concert crew members who

returned to Myanmar were forced by the SECD to refund wages increased by the union

action, fined heavily, and forbidden to leave the country for three years; and that,

following his trade union activities, Shwe Tun Aung’s name was on a government

blacklist”. The Committee further requests the Government to provide a copy of any

contract or document that Myanmar seafarers in general are currently obliged to sign

prior to taking up their first work assignment. If these allegations relating to anti-union

harassment are found to be true, the Government is requested to take immediate measures

so that Shwe Tun Aung and all Myanmar seafarers are free to join the trade union of their

own choosing.


1100. The Committee further notes the allegations that the passport eventually issued for Shwe

Tun Aung contained a special instruction from the Ministry of Foreign Affairs and the

Home Ministry, in charge of the special branch police who investigate all cases before

passports are issued, informing authorities to whom the passport would be shown that the

Government sought the return of Shwe Tun Aung to Myanmar. As regards this allegation

relating to the seafarer’s freedom of movement, the Committee wishes to draw the

Government’s attention to the importance which it attaches to the principle set out in the

Universal Declaration of Human Rights that everyone has the right to leave any country,

including his own, and to return to his country.



Disputes resolution mechanisms


1101. The Committee notes that the Government has provided, as requested in the previous

recommendations, certain information concerning the relevant legal instruments

governing disputes resolution in the country. In particular, the Committee notes the

information provided by the Government concerning the composition and functioning of

the Central Trade Disputes Committee (CTDC), the functioning of the Township Workers’

Supervisory Committee (TWSC) and the legal provisions governing the Committee of

Industrial Zones, Township Trade Disputes Committees and the States/Divisional Trade

Disputes Appeal Committee.


1102. As a preliminary point, the Committee must once again note that a disputes resolution

process that exists within a system with a total absence of freedom of association in law

and practice cannot fulfil the requirements of Convention No. 87. Further, the Committee

notes that while it appears that these various committees are all involved in some way in

conciliation and negotiation of disputes between employees and employers in Myanmar,

their exact interaction and relative jurisdictions are unclear. The Committee notes that the

composition of the TWSC, the procedure to be followed should agreement not be reached

by the TWSC, and the nature of the representation of employees and employers before the

committees is equally unclear. Pending the adoption in Myanmar of legislation that

protects and promotes freedom of association, the Committee requests the Government to

take measures to ensure the freely chosen representation of employees and employers in

cases conciliated by the various disputes resolution committees operating in the country

and to keep it informed of the measures taken in this regard.


1103. The Committee recalls that in the following four instances, factory workers had allegedly

been dismissed, arrested or threatened for pursuing their labour grievances.



Motorcar tyre factory


1104. Recalling that, in its previous comments, the Government had refuted the allegations that

19 workers at the Motorcar tyre factory were arrested on 9 and 10 March 2001 and that

arrests at the factory continued on 11 March 2001. The Committee notes that the

Government provided, as requested, a list indicating the number of employees employed by

the factory on 9 and 31 March 2001. The Committee notes that this list shows that the total

number of employees at the factory fell by three and increased by one during that period.

In light of this information, the Committee requests the Government to provide due

explanations of the differences in total workforce on these two dates and, in particular, to

provide details concerning the cases of those three workers whose employment at the

factory ceased during that period of time, as well as an indication as to whether any other

workers left their employment at the factory during this period, but were replaced. If it is

found that the dismissals in question were due to legitimate trade union activities, the

Committee requests the Government to take the appropriate steps with a view to their

reinstatement or, if reinstatement is not possible, that they are paid adequate

compensation so as to constitute sufficiently dissuasive sanctions.




Unique Garment Factory, Myanmar Texcamp Industrial Ltd. and Myanmar Yes Garment Factory


1105. The three other matters concerned garment factories in the Hlaing That Ya industrial zone.

As a preliminary point, the Committee notes that the complainant has failed to provide it

with the additional information in relation to the allegations concerning these three

factories that the Committee had requested in its previous consideration of the case. In the

absence of the clarifications requested, the Committee regrets that it only has before it the

information provided by the Government.


1106. In relation to the Unique Garment Factory, where the allegations concerned the alleged

dismissal of workers involved in a workers’ movement in November 2001 in relation to

overtime, the Committee notes that the Government provided copies of two agreements

signed under the TWSC’s authority concerning employees at the factory, to which it had

referred in its previous observations. The first of these was dated 6 October 2000 and

concerned, inter alia, the reinstatement of 11 workers and overtime; the second was dated

15 December 2001 and concerned various matters, again including overtime. The

Committee notes that both these agreements were apparently signed following conciliation

and on the same date as that upon which the Government stated that the dispute arose.


1107. The Committee recalls that in its previous observations the Government had raised the

case of 77 night shift workers who were dismissed from the Unique Garment Factory

following a dispute on 10 July 2001, during their probationary period and following a

conciliation by the TWSC. The Committee notes that in its latest observations, the

Government has stated in this regard that, due to the economic sanctions, the factory

closed on 31 August 2003 at which point all 272 workers were laid off with due

compensation paid. Noting that the closure of the factory occurred two years after the

77 workers were dismissed, the Committee regrets to note that no further information was

provided in relation to this matter, which was first raised by the Government, and once

again requests further details in relation to these earlier dismissals, including in particular

a copy of the conciliation agreement reached under the authority of the TWSC to which the

Government referred in its previous observations. If it is found that the dismissals in

question were due to legitimate trade union activities, the Committee requests the

Government to take the appropriate steps with a view to their reinstatement or, if

reinstatement is not possible, that they are paid adequate compensation so as to constitute

sufficiently dissuasive sanctions.


1108. In relation to the Myanmar Texcamp Industrial Ltd., the Committee recalls that the

allegations concerned threats and the involvement of the military following the organized

request by workers for higher wages and better working conditions in January 2002, and

notes that the Government provided translations of two agreements. The first was dated

8 January 2002 and the second was dated both 5 July and 1 August 2002; both concern

various matters including pay. The Committee notes that the information provided by the

Government did not include a copy of an agreement to which it had referred in its previous

observations concerning a dispute at the factory that apparently arose on 5 July 2003,

involved 300 workers, and was conciliated by the Department of Labour. The Committee

notes the further information provided by the Government that economic sanctions

resulted in certain parts of Texcamp’s production being stopped and 340, out of a total of

581 workers, being laid off on 1 August 2003 with due compensation paid.


1109. The Committee is concerned that the number of workers laid off for economic reasons at

the Myanmar Texcamp Industrial Ltd. is approximately equal to the number that had been

involved in a labour dispute to which the Government referred as having occurred three

weeks earlier at the factory. For this reason, the Committee requests the Government to

provide a copy of the agreement to which it referred in its previous observations

concerning a dispute between 300 workers and the Myanmar Texcamp Industrial Ltd.

which was conciliated by the Department of Labour, as well as information indicating the

criteria upon which the 340 workers who were laid off for economic reasons were chosen

from the total workforce of 581 workers. If it is found that the dismissals in question were

due to legitimate trade union activities, the Committee requests the Government to take the

appropriate steps with a view to their reinstatement or, if reinstatement is not possible,

that they are paid adequate compensation so as to constitute sufficiently dissuasive

sanctions.


1110. In relation to the Myanmar Yes Garment factory, the Committee recalls that the

allegations concerned the involvement of the military and the arrest of workers following a

protest in relation to wages on 5 October 2000. The Committee notes that the Government

provided an agreement dated 24 May 2002, to which it had referred in its previous reply,

concluded under the authority of the TWSC concerning a dispute at the factory. The

Committee further notes the information provided by the Government concerning a dispute

on 16 September 2002, also referred to previously, and which apparently resulted in an

agreement concluded by the TWSC; this agreement was not, however, provided to the

Committee. The Committee notes the Government’s reference in relation to this case that it

commenced with the dismissal of Mg Zin Min Thu for disciplinary reasons on

16 September 2002, and that, apparently on the same day, he “organized” five other

workers to submit a complaint about which an agreement was reached with which all

workers were satisfied; according to the Government, Mg Zin Min Thu did not attend those

negotiations nor has he since been to the factory to receive his dismissal compensation.

The Committee requests the Government to establish an impartial investigation into this

matter and to keep it informed in this regard. It further requests the Government to provide

a copy of the agreement dated 16 September 2002 and any further information that the

Government may have in relation to the dismissal of Mg Zin Min Thu from the Myanmar

Yes Garment Factory.


1111. As a final and overall point, the Committee is deeply concerned to observe that while the

Government has submitted further information in relation to many of the Committee’s

recommendations, much of that information fails to truly reply to the requests made by the

Committee and the substance of its recommendations. Indeed, the Committee deeply

regrets that very little can be gleaned from the Government’s reply to indicate that it

intends to take any steps to implement the Committee’s recommendations in this very

serious and urgent case. The Committee further deplores that the Government has felt

compelled to justify the dismissals and the closing of two enterprises by the fact of the

imposition of economic sanctions aimed at combating forced labour. The Committee urges

the Government in the strongest terms to undertake real steps towards ensuring the respect

for freedom of association in law and in practice in Myanmar in the very near future and

once again reminds the Government of the availability of the Office to assist in this

respect.



The Committee’s recommendations


1112. In light of its foregoing interim conclusions, the Committee invites the

Governing Body to approve the following recommendations:


(a) The Committee strongly urges the Government to enact legislation whereby

the respect for, and the realization of, freedom of association is guaranteed

for all workers, including seafarers, and employers; to include in that

legislation specific measures whereby other legislation, including Orders

Nos. 2/88 and 6/88, will be abolished so as not to undermine the guarantees

relating to freedom of association and collective bargaining; to explicitly

protect workers’ and employers’ organizations from any interference by

public authorities, including the army; and to ensure that any such

legislation so adopted is made public and its contents widely diffused. The

Committee further urges the Government, once again, to take advantage of

the technical assistance of the Office to remedy the legislative situation and

to bring it into line with Convention No. 87 and collective bargaining

principles. The Committee requests the Government to keep it informed of

all developments in respect of legislation enacted or envisaged.


(b) 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 in both law and practice, the Committee once

again requests the Government 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 seafarers’ organizations and organizations which

operate in exile since they cannot be recognised in the prevailing legislative

context of Myanmar. The Committee further requests the Government to

issue instructions to that effect to its civil and military agents as a matter of

urgency and to keep it informed.


(c) The Committee once again firmly requests the Government to convene as a

matter of urgency an independent and impartial panel of experts to

investigate the death of Saw Mya Than and to keep it informed in this

regard.


(d) Expressing its deep concern at the paucity and nature of the evidence

provided by the Government aimed at proving that the criminal charges

brought against the General Secretary of the FTUB were unrelated with his

trade union activities, the Committee once again requests the Government to

provide copies of the decision by which the General Secretary had been

found guilty under section 122 of the Penal Code, and any documentation

relating to the case the Government explained had been filed against him

under the Public Preservation Law, 1947.


(e) Deploring the Government’s failure to take any steps to ensure the

immediate release of Myo Aung Thant and Khin Kyaw, the Committee urges

the Government to do so as a matter of urgency and to keep it informed in

this regard.


(f) The Committee once again requests the Government to submit a detailed

reply on the allegations of anti-union discrimination relating to Shwe Tun

Aung’s case and, in particular, the allegations that before taking his first

position as a seafarer, the SECD obliged Shwe Tun Aung to sign a

document warning against union membership; that other M/V Great

Concert crew members who returned to Myanmar were forced by the SECD

to refund wages increased by the union action, fined heavily and forbidden

to leave the country for three years; and that, following his trade union

activities, Shwe Tun Aung’s name was on a Government “blacklist”. The

Committee further requests the Government to provide a copy of any

contract or document that Myanmar seafarers in general are currently

obliged to sign prior to taking up their first work assignment. If these

allegations relating to anti-union harassment are found to be true, the

Government is requested to take immediate measures so that Shwe Tun

Aung and all Myanmar seafarers are free to join the trade union of their

own choosing.


(g) Pending the adoption of legislation that protects and promotes freedom of

association, the Committee requests the Government to take measures to

ensure the freely chosen representation of employees and employers in cases

conciliated by the various disputes resolution committees operating in

Myanmar and to keep it informed of the measures taken in this regard.

(h) Taking account of the figures contained in the table provided by the

Government for the Motorcar tyre factory, the Committee requests the

Government to provide due explanations of the differences in the total

workforce on 9 and 31 March 2001 and, in particular, to provide details

concerning the cases of those three workers whose employment at the

factory ceased during that period of time as well as an indication as to

whether any other workers left their employment at the factory during this

period, but were replaced. If it is found that the dismissals in question were

due to legitimate trade union activities, the Committee requests the

Government to take the appropriate steps with a view to their reinstatement

or, if reinstatement is not possible, that they are paid adequate compensation

so as to constitute sufficiently dissuasive sanctions.


(i) The Committee once again requests further details in relation to the case of

77 night shift workers who were dismissed from the Unique Garment

Factory following a dispute on 10 July 2001 during their probationary

period and following a conciliation by the TWSC including, in particular, a

copy of the conciliation agreement reached under the authority of the TWSC

to which the Government referred to in its previous observations. If it is

found that the dismissals in question were due to legitimate trade union

activities, the Committee requests the Government to take the appropriate

steps with a view to their reinstatement or, if reinstatement is not possible,

that they are paid adequate compensation so as to constitute sufficiently

dissuasive sanctions.


(j) The Committee requests the Government to provide a copy of the agreement

to which it referred to in its previous observations concerning a dispute

between 300 workers and the Myanmar Texcamp Industrial Ltd. that arose

on 5 July 2003 and that was conciliated by the Department of Labour, as

well as information indicating the criteria upon which the 340 workers who

were laid off for economic reasons on 1 August 2003 were chosen from the

total workforce of 581 workers. If it is found that the dismissals in question

were due to legitimate trade union activities, the Committee requests the

Government to take the appropriate steps with a view to their reinstatement

or, if reinstatement is not possible, that they are paid adequate compensation

so as to constitute sufficiently dissuasive sanctions.


(k) The Committee requests the Government to establish an impartial

investigation into this matter and to keep it informed in this regard. It

further requests the Government to provide a copy of the agreement at the

Myanmar Yes Garment Factory dated 16 September 2002 and any further

information that the Government may have in relation to the dismissal of

Mg Zin Min Thu