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

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"The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in June 2018 concerning the application of the Convention. The Committee observes that the Conference Committee regretted the absence of progress with respect to the long-awaited legal framework in which workers and employers may freely exercise their rights under the Convention and urged the Government to: (i) ensure that the Labour Organization Law (LOL) and the Settlement of Labour Disputes Law are brought into full compliance with the Convention by availing itself of ILO technical assistance during the legislative reform process; (ii) ensure that workers are able to carry out their trade union activities without threat of violence or other violations of their civil liberties by police or private security; (iii) ensure that the registration of workers’ and employers’ organizations is not subject to unreasonable requirements to guarantee that the right to join or establish organizations of their own choosing is not hindered in practice; (iv) ensure that applications for union registration are acted upon expeditiously and are not denied unless they fail to meet clear and objective criteria set forth in the law; and (v) bring the labour legislation in Special Economic Zones (SEZs) into conformity with the Convention, with full consultation of the social partners. The Conference Committee further requested the Government to accept a direct contacts mission and to report on progress made on its recommendations to the Committee of Experts for its meeting in November 2018. The Committee notes that the direct contacts mission took place from 1 to 4 October 2018 and welcomes the manner in which the Government and the Myanmar workers’ and employers’ organizations constructively engaged and collaborated with the mission. In particular, the Committee notes with interest from the mission report conclusions that all parties had shown an important degree of commitment to building a climate for full respect of freedom of association in the short time that had elapsed since the entry into force of the freedom of association framework legislation. The Committee encourages the continued development o f a conducive environment fo r the fu ll application o f the Convention. Labour law reform process. The Committee recalls that in its previous comments it had requested the Government to provide information on the progress made in labour law reform. Article 2 o f the Convention. As regards the LOL, the Committee notes the Government’s indication that it has initiated the labour law reform process within the framework of the National Tripartite Dialogue Forum (NTDF) which has met on numerous occasions with the technical assistance of the Office. While the draft amendment law is still being reviewed internally, the Government refers to a number of proposed changes, including the elimination of the additional 10 per cent requirement to form a basic labour organization, as previously requested by the Committee. The Committee further notes the Government’s indication that, since the law’s entry into force, it has registered 2,761 basic labour organizations, 146 township labour organizations, 22 region or state labour organizations, eight labour federations and one labour confederation. The Government also refers to 26 basic employer organizations, one township employer organization and one employer federation formed under the law. The Committee notes that in order to gain a greater understanding of the obstacles encountered by workers wishing to form organizations, officials from the Ministry for Labour, Immigration and Population held nationwide consultations with a number of basic and township level organizations. The Committee recognizes, as the Government itself does, that a great deal of the country’s population is spread out in townships and districts far away from the centralized authority, where the awareness of the national law and ratified international Conventions is likely to be quite limited. The Committee encourages the Government to pursue these consultations throughout its territory so as to ensure that all workers and employers, without distinction whatsoever, are able, not only in law but also in practice, to fully exercise their rights under the Convention, bearing in mind key difficulties faced by parts o f the population, such as those in remote areas. The Committee further recalls its request for information on the outcome of any review of the impact of the pyramidal structure for organizing set out in section 4 of the law. Noting from the direct contacts mission report that this imposed structure poses a problem fo r the formation o f both workers’ and employers’ organizations, the Committee requests the Government to take the necessary measures to ensure that workers and employers may form and join organizations o f their own choosing in law and in practice, including at sectoral level, and to provide a copy o f the proposed amendments once they have been submitted to Parliament. The Committee also notes the allegations in the ITUC observation that unions are often denied registration for arbitrary reasons, including requests that executive committee members submit resumes, that all union members submit photocopies of national identity cards, and that a letter from the factory be produced showing that it has been informed of the attempt to register a union. The Committee notes with interest from the mission report that the Ministry has followed up at township level following nationwide consultations on the obstacles encountered and has published a Directive instructing labour officers to cease requesting such documents that are not required by law, while facilitating identity cards for founding members. The Committee requests the Government to provide information on any denials o f registration, including reasons fo r such decisions and procedures fo r review and appeal o f such denials..."

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Source/publisher: 

International Labour Organisation (ILO)

Date of Publication: 

2019-06-06

Date of entry: 

2019-06-12

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  • Individual Documents

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Countries: 

Myanmar

Language: 

English

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pdf

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122.23 KB

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text

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    • Good