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

1. Referring also to its observation under the Convention, the Committee recalls that it noted the Government's indications that section 9 of the Towns Act and section 11(d) of the Village Act, which empowered headmen or rural policemen to impose compulsory porterage on the labouring class, and paragraph 1044 of the rules made under the Prison Act which allowed the use of convict labour by private employers were obsolete and no longer applied and were to be reviewed by a newly instituted Law Commission so as to bring legislation into conformity with the Convention. In its last comments the Committee had noted the Government's indication that there were no new legislative or other measures affecting the application of the Convention and it expressed the hope that the necessary measures would be taken.

The Committee noted the information provided by the Government in its report for the period ending 30 June 1989, according to which the Labour Laws Review Committee has been reconstituted in July 1989 and every salient point raised by the Committee of Experts shall be taken into serious consideration in the process of reviewing the existing labour laws. The Committee trusts that the Government will be able in the near future to report that the necessary action has been taken.

2. Referring to its previous comments noting excerpts of the People's Council Act (Pyithu Hluttaw Act No. 8, 1974) the Committee again requests the Government to provide a copy of the whole text of the People's Council Act, whether in translation or in the original language.

3. In its 1979 General Survey on the Abolition of Forced Labour, the Committee noted that in a number of countries the status of certain persons in the service of the State, including career members of the armed forces, was governed by statutory provisions under which the right to leave the service was subject to authorisation. In some cases a link was made between the length of training received and that of service normally required before resignation was accepted. Since such restrictions on the freedom of workers to terminate their employment might have a bearing on the application of the Convention, the Committee previously requested the Government to supply information on national legislation and practice concerning the situation of the various categories of career members of the armed forces and of other persons in the service of the State, with regard, in particular, to the freedom to leave the service on their own initiative within a reasonable period, either at specified intervals or by giving notice. Since this information has been requested already for a number of years, the Committee trusts that the Government will not fail to supply details in its next report.