Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Myanmar (Ratification: 1955)

The Committee notes the written and oral information provided by the Government representative to the Conference Committee in 1998, as well as the discussion which took place therein and the resulting special paragraph in the Conference Committee's report for continued failure to implement the Convention. The Committee also notes the information provided in the Government's latest report.

The Committee notes from the Government's report that the drafting of a new State Constitution is under way, as well as the review and redrafting of old labour laws, including the Trade Unions Law. The Government adds that, only after the enactment of the new Trade Unions Law can there be practical application of the provisions contained therein.

The Committee must recall, however, that the Government has been referring to the drafting of new labour legislation and a new Constitution for over five years now, yet no specific progress or developments have been communicated to the Committee in this regard. Furthermore, the Committee would once again recall that it has been commenting upon the failure to apply this Convention, both in law and in practice, for over 40 years. In its previous comments, the Committee urged the Government, in particular, to adopt the measures necessary to ensure the right of workers to establish, without previous authorization, and to join, subject only to the rules of the organization concerned, first-level unions, federations and confederations of their own choosing for the furtherance and defence of their interests and to ensure the right of first-level unions, of federations and of confederations to affiliate with international organizations (Articles 2, 5 and 6 of the Convention). The Committee can only reiterate the urgent need for the Government to adopt the necessary measures to ensure fully the right to organize, and the right to affiliate with international organizations, without impediment and would request the Government to furnish with its next report a copy of the most recent draft revision of the Trade Unions Law so that it might assess the conformity of this draft with the Convention.

REQUESTS The Government is asked to supply full particulars to the Conference at its 87th Session. #CONFERENCE_SESSION:87