For over 40 years, the ILO has criticized the lack of freedom of association and collective bargaining in Burma. The United Nations, international trade unions, and other organizations have also continued to note failure on the part of the GOB to grant the people of Burma basic worker's rights. These failures include the continued non-recognition of independent trade unions by the Government (there are no independent trade unions operating openly in Burma), lack of legal status and protection for worker organizations, lack of collective bargaining mechanisms, and harassment and imprisonment of individuals suspected of worker's rights activities by government and military authorities.

I. Summary of Findings from the 1998 Report

The Department's 1998 Report noted that the GOB has been criticized for not bringing its laws into compliance with the ILO's Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), refusing to recognize independent trade unions, harassing workers who attempt to organize, and for the absence of collective bargaining. Several Burmese laws relate to freedom of association and union organizing, but each is inconsistent with international standards and ignored in practice.

The ILO Committee of Experts has criticized the lack of freedom of association in Burma for over 40 years. This criticism increased after the 1962 military coup and intensified further after the GOB's suppression of the pro-democracy movement in 1988. Similarly, the ILO's Conference Committee on the Application of Standards has regularly denounced Burma's violation of Convention No. 87. In 1995, the Conference Committee highlighted the Government's failure to implement this core convention in special paragraphs, and it has continued to do so in each of its reports in subsequent years.

II. Recent Developments Regarding Freedom of Association and the Right to Collective Bargaining

The United Nations, the ILO, international trade unions, and other organizations have continued to report the failure of the GOB to grant the people of Burma freedom of association and the right to collective bargaining. These failures include the continued non-recognition of independent trade unions by the Government (there are no independent trade unions operating openly in Burma), lack of legal status and protection for worker organizations, lack of collective bargaining, and harassment and imprisonment of individuals suspected of worker rights activities by government and military authorities.

A. Recent actions at the International Labour Organization (ILO)

In June 1999, the ILO Credentials Committee for the 87^th International Labor Conference noted the lack of representative worker organizations in Burma and deemed the situation "unacceptable."⁽¹⁾ The Credentials Committee also concluded that the GOB had not complied with its obligation under Article 3 of the ILO Constitution to nominate a workers' delegate to represent the workers of Burma at the International Labor Conference.⁽²⁾

The ILO's Committee on the Application of Standards, for the fourth consecutive year, noted in a special paragraph in its report to the 87^th International Labor Conference that Burma has continually failed to eliminate serious discrepancies in the application of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87).⁽³⁾ The Committee observed that the laws and practices of Burma diverge significantly from the provisions of Convention No. 87 and deplored the lack of progress and cooperation from the GOB in this regard.⁽⁴⁾ It "strongly urged," once again, that the GOB adopt measures that would guarantee the right to freedom of association, both in legislation and in practice, to all workers and employers.⁽⁵⁾ The worker members of the Committee on the Application of Standards observed that both trade unions and collective bargaining were virtually non-existent in Burma.⁽⁶⁾

In addition, the ILO Committee of Experts on the Application of Conventions and Recommendations (COE) reiterated "the urgent need" for the GOB to adopt the necessary measures to ensure fully the right to organize and the right to affiliate with international organizations.⁽⁷⁾

B. Recent developments within other organizations

In an April 23, 1999 resolution, the U.N. Commission on Human Rights deplored the severe restrictions on the freedom of assembly and association in Burma.⁽⁸⁾ The resolution went on to "strongly" urge the GOB to ensure full respect for human rights and fundamental freedoms, including freedom of association and assembly.⁽⁹⁾

The ICFTU has called attention to the "grave" trade union rights situation in Burma,⁽¹⁰⁾ accusing the GOB of denying all fundamental worker's rights.⁽¹¹⁾ Organizations such as the Federation of Trade Unions - Burma (FTUB) are forced to operate underground and are under constant surveillance by the police and military intelligence.⁽¹²⁾ In one case, high school students in Burma held demonstrations in August 1999, in part for the right to form a union; according to the All Burma Students' Democratic Front (ABSDF), these students were detained by military authorities as part of a crackdown to prevent unrest.⁽¹³⁾

The ICFTU helped organize an international trade union conference, "Democracy for Burma," aimed at demonstrating international trade union solidarity with the people and workers of Burma and devising a global strategy to restore democracy and ensure respect for human and trade unions rights. The conference was scheduled to take place in Bangkok, Thailand on May 24 - 26, 1999, but the Government of Thailand decided to ban the conference.⁽¹⁴⁾ The ICFTU rescheduled the conference for July 1999 in India and invited exiled Burmese trade unionists. However, the Government of India also banned the conference, stating that it was "too political."⁽¹⁵⁾

On October 14, 1998, the International Federation of Chemical, Energy, Mine and General Workers' Unions (ICEM) sent a letter to the European Commission Vice-President Sir Leon Brittan stating that the GOB "tramples freedom of association under foot." The letter asked Vice-President Brittan to withdraw a complaint lodged by the European Union (EU) with the WTO asking the organization to rule that the State of Massachusetts rescind its measures prohibiting companies that are doing business with or in Burma from receiving public contracts from the state.⁽¹⁶⁾

On June 6, 1999, the National Coalition Government of the Union of Burma (NCGUB), Burma's democratically-elected government in exile, issued a statement on the 25^th anniversary of the Workers' Movement in Burma. The statement encouraged workers in Burma to take a leading role in the fight for their rights and democracy by progressively confronting the GOB, asserting that workers will never have the freedom of association to form unions under the rule of a military dictatorship.⁽¹⁷⁾

III. Conclusion

The GOB has continued to fail to bring its laws and practices into compliance with the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87). These failures include the continued non-recognition of independent trade unions by the Government (there are no independent trade unions operating openly in Burma), lack of legal status and protection for worker organizations, lack of collective bargaining, and harassment and imprisonment of individuals suspected of worker rights activities. Worker's rights organizations such as the Federation of Trade Unions - Burma (FTUB) are forced to operate underground and are under constant surveillance by the police and military intelligence.

The United Nations, the ILO, international trade unions, and other organizations have continued to report the failure of the GOB to grant the people of Burma freedom of association and the right to collective bargaining. The ILO's Committee on the Application of Standards, for the fourth consecutive year, noted in a special paragraph in its report to the 87^th International Labor Conference that Burma has continually failed to eliminate serious discrepancies in the application of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87). The U.N. Commission on Human Rights also deplored the severe restrictions on the freedom of assembly and association in Burma in an April 23, 1999 resolution.

1. International Labour Organization, Credentials Committee, "Second and Third Reports of the Credentials Committee: Submission and Noting," Provisional Record, No. 27 (Geneva: International Labour Organization, June 1999) 27/37.

2. Article 3, paragraph 1 of the ILO Constitution states, "The meetings of the General Conference of representatives of the Members shall be held from time to time as occasion may require, and at least once in every year. It shall be composed of four representatives of each of the Members, of whom two shall be Government delegates and the two others shall be delegates representing respectively the employers and the workpeople of each of the Members." Article 3, paragraph 5 goes on to state, "The Members undertake to nominate non-Government delegates and advisers chosen in agreement with the industrial organizations, if such organizations exist, which are most representative of employers or workpeople, as the case may be, in their respective countries."

3. ILO, Report of the Committee on the Application of Standards: General Report, paragraph 198.

4. ILO, Report of the Committee on the Application of Standards: General Report, paragraph 196.

5. ILO, Report of the Committee on the Application of Standards: General Report, paragraph 196.

6. ILO, Report of the Committee on the Application of Standards: General Report, paragraph 116.

7. International Labour Organization, Committee of Experts on the Application of Conventions and Recommendations, CEACR: Individual Observation concerning Convention No. 87, Freedom of Association and Protection of the Right to Organise, 1948 Myanmar (ratification: 1955) (Geneva: International Labour Organization, 1999) N. pag.

8. United Nations, High Commissioner for Human Rights, "Situation of human rights in Myanmar: Commission on Human Rights resolution 1999/17," (Geneva: United Nations, 23 April 1999) paragraph 4(g).

9. U.N. High Commissioner for Human Rights, Resolution 1999/17, paragraph 7(b).

10. International Confederation of Free Trade Unions, "ICFTU Briefing Note" for the United Nations Commission on Human Rights - 55^th Session (Brussels: International Confederation of Free Trade Unions, 22 March - 30 April 1999).

11. Luc Demaret, International Confederation of Free Trade Unions, "Asia: repression and crisis," ICFTU OnLine 114/990608/LD (1999): N. pag.

12. Demaret, "Asia: repression and crisis," N. pag.

13. "Myanmar dissidents say 33 students held in south," Reuters Limited (16 August 1999).

14. International Confederation of Free Trade Unions, "Thailand blocks conference on democracy in Burma," ICFTU OnLine 101/990521/JK (21 May 1999).

15. International Confederation of Free Trade Unions, "Indian Government bans Burma democracy conference for political reasons," ICFTU OnLine 134-990702-DD (2 July 1999).

16. International Federation of Chemical, Energy, Mine and General Workers' Unions, "EU Moves Against Burma Sanctions - World's Unions Protest," ICEM Update No. 85/1998 (14 October 1998).

17. National Coalition Government of the Union of Burma, "Statement on Occasion of Silver Jubilee Workers' Movement," (6 June 1999).