Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information supplied by a Government representative to the Conference Committee in 1989, and in the Government's report.

The Committee recalls that for many years it has been raising the question of the trade union monopoly established under section 9 of Act No. 6 of 1964, as amended, and under sections 2 and 6(b) of Regulation No. 5 of 1976. These provisions clearly establish a single union structure, and prevent unions from establishing other organisations outside that structure. This is inconsistent with Articles 2, 5 and 6 of the Convention, which require that all workers should have the right freely to associate for trade union purposes, including the establishment of federations and confederations.

In the information supplied to the Conference Committee in 1989, and repeated in its report, the Government indicated that Myanmar was currently undergoing political, economic and social change. Free and fair elections were held in 1990, and the drafting of a new state Constitution is now a major priority. The Government stated that this new Constitution would make express provision for freedom of association and the right to organise. The Government hoped that the Constitution would be in line with Convention No. 87. The Committee shares the Government's hopes in this regard, and asks the Government to keep it informed of all relevant developments.

In addition, the Government states in its report that workers and employers have the right to establish and join organisations of their own choosing without previous authorisation, and that there are no legal or administrative provisions that hinder them from doing so. The Committee points out that these propositions do not appear to be consistent with the continued existence of the provisions referred to in the previous paragraphs. The Government does not provide any indication that these provisions have been repealed or amended so as to bring them into conformity with the requirements of the Convention. If this has indeed occurred, the Committee asks the Government to supply a copy of the relevant legislation. If there has been no such amendment or repeal, the Committee must yet again urge the Government to introduce the necessary legislation to bring law and practice into full conformity with the requirements of this Convention, which was ratified more than 35 years ago.

[The Government is asked to supply full particulars to the Conference at its 78th Session and to report in detail for the period ending 30 June 1991.]