Effect given to the recommendations of the committee and the Governing Body - Report No 354, June 2009

Effect given to the recommendations of the Committee and the Governing Body

1. 164. The Committee last examined this case at its November 2008 meeting [see 351st Report, paras 144–150], and on that occasion formulated the following recommendations:
   • – to take the necessary measures to amend the national legislation so as to allow trade unions to operate in conformity with Conventions Nos 87 and 98 and to recognize the Federation of Trade Unions – Burma (FTUB) as a legitimate trade union organization;
   • – to carry out an independent investigation without delay into the allegation of ill-treatment of the detained persons and, if it is found to be true, to take appropriate measures, including compensation for damages suffered, giving precise instructions and apply effective sanctions so as to ensure that no detainee is subjected to such treatment in the future;
   • – to release Thurein Aung, Wai Lin, Nyi Nyi Zaw, Kyaw Kyaw, Kyaw Win and Myo Min without delay;
   • – to ensure that no person will be punished for exercising his or her rights to freedom of association, opinion and expression;
   • – 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 organizations which operate in exile, such as the FTUB, since they cannot be recognized in the prevailing legislative context of Myanmar; and to issue instructions to that effect to its civil and military agents.
2. 165. In its communication of 25 February 2009 the Government states that, as regards amendments to bring national legislation and practice into conformity with Conventions Nos 87 and 98, its new draft State Constitution of the Republic of the Union of Myanmar is in line with the Conventions and shows the Government’s political will to conform to the Conventions. The Government adds that the Ministry of Labour has formed a Labour Law Reviewing Committee, headed by the Minister for Labour and comprising the head of the respective departments, which has started drawing up a new Trade Union Law.
3. 166. In respect of the Committee’s previous recommendation on the alleged ill treatment of detainees, the Government indicates that action shall be taken if anyone is found to have breached the relevant provisions of the Myanmar Police Force Maintenance of Discipline Law. Finally, as regards the release of Thurein Aung, Wai Lin, Nyi Nyi Zaw, Kyaw Kyaw, Kyaw Win and Myo Min, the Government reiterates that these individuals have been charged with offences under section 124(A) of the Penal Code for inciting hatred or contempt for the government, section 17(1) of the Unlawful Association Act, 1908 for being a member or contacting an unlawful association and section 13(1) of the Immigration (Emergency) Provisions Act, 1947 for illegally leaving and re-entering the country. The Government adds that the above laws do not impair the obligations laid down in Convention No. 87.
4. 167. The Committee deeply regrets that the Government’s communication essentially repeats previously submitted indications with respect to legislative reform and the six detained trade unionists, while failing to provide any new information or present any evidence that it has taken concrete measures in respect of the serious matters in the present case. In these circumstances, the Committee must once again emphasize that it is a fundamental obligation of a member State to respect human and trade union rights, and stresses, in particular, that when a State decides to become a Member of the Organization, it accepts the fundamental principles embodied in the Constitution and the Declaration of Philadelphia, including the principles of freedom of association [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 15], which it should observe in law and in practice. The Committee expresses its deep concern at the extreme gravity of the issues raised in this case and at the ongoing violation of fundamental human rights and freedom of association principles in law and in practice. The Committee deplores that the Government has failed to implement its recommendations. It therefore refers to its previous examination of this case and once again urges the Government:
   • – to take the necessary measures to amend the national legislation so as to allow trade unions to operate in conformity with Conventions Nos 87 and 98 and to recognize the FTUB as a legitimate trade union organization;
   • – to carry out an independent investigation without delay into the allegation of ill-treatment of the detained persons and, if it is found to be true, to take appropriate measures, including compensation for damages suffered, giving precise instructions and apply effective sanctions so as to ensure that no detainee is subjected to such treatment in the future;
   • – to release Thurein Aung, Wai Lin, Nyi Nyi Zaw, Kyaw Kyaw, Kyaw Win and Myo Min without delay;
   • – to ensure that no person will be punished for exercising his or her rights to freedom of association, opinion and expression; and
   • – 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 organizations which operate in exile, such as the FTUB, since they cannot be recognized in the prevailing legislative context of Myanmar and to issue instructions to that effect to its civil and military agents.
5. 168. The Committee expects that all of the above recommendations will be fully implemented as a matter of urgency and requests the Government to keep it informed in this respect.