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NLD on Workers & Farmers situation
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Dear Editor
Could you pl post the attached on the net.
I tried to send it previously but didi not see it posted so am trying
again.
Rgds MM
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Tranlated by SAW WA DEH group [FTUB TUR/HR Unit] =
National League for Democracy
Central Labour Affairs Working Group
Labour Affairs Report
Introduction
1. The National League for Democracy was established on 27 September 1988=
, and since then the party has aimed to serve all social classes. Theref=
ore the Farmers' Affairs Working Group, the Professionals and Intellectua=
ls Group, the Trading and Business Group and the Labour Affairs Working G=
roup were formed at the beginning of 1989.
2. The Central Labour Affairs Working Group was formed with the following=
members on 26 March 1989.
U Sein Win President
U Than Tun =
U Thaung Kyi
U Khin Maung Kyi
U Maung Ko
U Tint Lwin
Daw San San Secretary
3. The working group carried out some highly prominent activities prior t=
o the General Election of May 1990, as follows-
(a) On May Day 1989, released the "May Day Statement" at the Workers' Day=
events held by the NLD.
(b) Wrote a protest letter to the ILO Congress of June 1989, stating that=
the Burmese delegates claiming to be representatives of all workers in B=
urma were not real representatives of the workers, because even though Bu=
rma has ratified ILO Convention No. 87, it has not been implemented and w=
orkers have been prevented from forming trade unions.
(c) The NLD Draft Policy for the 1990 General Election included the follo=
wing points on labour affairs-
(1) Trade unions are not to be omitted from a democratic system. Trade u=
nions have to be independent from political parties.
(2) Trade unions have the right to demand justice within the law.
(3) Solving collective bargaining problems must be fair and in accordance=
with the law.
4. Prior to the multi-party General Election campaign of May 1990, townsh=
ip level NLD members who sought advice regarding labour issues were assis=
ted by the Central Labour Affairs Working Group. Occasional lectures wer=
e also given to members at the township level so as to improve their know=
ledge of labour matters. However, due to the Central Labour Affairs Work=
ing Group's strident efforts during the election campaign, it's movements=
were subsequently halted, for various reasons.
5. After the NLD General Secretary was released from detention on 19 July=
1995, the NLD was optimistic that the party would become unified and inc=
reasingly systematic in it's activities. There was also greater concentr=
ation on class issues as demanded by the circumstances. The Central Farm=
ers Team, The Central Women's Affairs Working Group and other social assi=
stance teams started to implement their activities.
6. On 21 August, 4 and 18 September 1996, U Tin Oo, a Central Executive M=
ember and Vice President of the NLD, attended the Central Labour Affairs =
Working Group's meeting. He assigned the following persons the responsib=
ility of ascertaining and reporting upon the current situation of workers=
in Burma and furthermore to outline the NLD's future program of action i=
n this regard-
U Tin Oo =
U Lun Maung =
U Maung Maung Gyi
U Than Tun
U Khin Maung Kyi
U Sein Win and =
Daw San San.
7. The Current Situation of Workers in Burma
Even though Burma has been opening up to a market economic system in rece=
nt years, agriculture products are still the primary produce of the count=
ry. Burma's population of 44.74 million (1996) includes 26.34 million pe=
ople who are between 15 to 59 years of age and being as such have product=
ive capacity. This figure includes 11.72 million farmers, out of a total=
productive population of 17.59 million. Therefore, the labour force amo=
unts to 39.3% of the country's total population and 66.8% of the populati=
on that have productive capacity.
The grassroot workers and farmers, that is, the human resources, are the =
main force for the country's potential economic, political and social suc=
cess under Burma's developing market economy.
Matters of industrial peace, decent living standards, social justice and =
employment regulations are the main problems facing workers in the curren=
t circumstances. The labour laws used for many years are far from perfec=
t. Moreover, given current levels of inflation and excessive policy emph=
asis on the market economic system, some laws are no longer conceptually =
or practically acceptable, causing workers to have lost their rights.
The NLD's policy allows people to enjoy full democratic rights and basic =
human rights. In this regard, it is necessary to study the weakness and =
requirements of the 21 labour laws currently enacted in Burma and find th=
e ways to change these. =
Under the market economic system imposed during the period of SLORC gove=
rnance, workers in foreign investment and joint venture projects and fa=
ctories have had to suffer the following;-
(a) According to job appointment rules, the employer has the right to dis=
miss any worker from employment without giving one months advance notice,=
as outlined in existing labour laws. This grants excessive opportuniti=
es to the employer to prevent a stable workforce forming at work sites.
(b) There is no process or system by which workers grievances can be aire=
d, no mechanisms for demanding labour rights, no trade unions permitted a=
t workplaces and departments, no clear mechanisms for resolution of cases=
where a worker was forced to resign (or rather, workers are afraid to co=
mplain) and no step by step appeal programmes (for negotiations, interven=
tions and plenary discussion) therefore, workers suffer considerably.
(c) Foreign employers and investors establish factories in Burma as well =
as Thailand, Malaysia and Indonesia. Although the products are of the sa=
me quality, Burmese workers receive much less money than other countries =
minimum wages, because of the non-application of the minimum wage law. =
Some employers who are willing to raise salaries have to first consider w=
orkers' salaries in nationalised factories, and in circumstances of inequ=
ality there can be conflict between private and government enterprises. =
Thus, they cannot raise wages even if they wish to and so the workers are=
unable to attain a fair income.
(d) According to Burma's "Leave and Holiday Act", shift workers must work=
a maximum 48 hour week, and for offices and service industries 42 hours=
per week. However staff and workers in supermarkets and factories, whic=
h have appeared as a result of the developing market economy, have to wor=
k about 10 hours a day in defiance of labour protection laws. Working on=
Saturday and over time duties are also required, but there is no appropr=
iate recompense, the employees being paid a small amount of money or bein=
g issued some food. Social welfare laws are also ignored. Although the =
wage rates set are not equivalent to the current pace of inflation, there=
have been no changes and improvements. For example, the Labour Compensa=
tion Act excludes by definition workers earning over 400 Kyats per month,=
so employers can claim that their workers are not covered by the Compens=
ation Act. =
8. Concerning current conditions for workers in Burma, we state tha=
t-
(1) Existing labour affairs laws are not suited to the present situation =
and system. There are weak points that need to be revised. =
Legal mechanisms to protect workers have dwindled away, so a worker who =
independently demands his or her rights will not succee=
d and also can be threatened with his or her job. Medical assistance, so=
cial assistance and job security programs are not systematically organise=
d.
Burma is an independent country and a member of the United Nat=
ions. It is also a member of the International Labour Organisation (ILO)=
which is part of the United Nations. The ILO holds an annual meeting in=
Geneva, Switzerland, each June.
(2) Labour, employer and government representatives combine in a triparti=
te system of discussion at the ILO annual meeting. Burma sends represent=
atives of all three categories. If the member countries of the ILO have =
accepted the ILO conventions, having taken into consideration their own p=
olitical, economic and social systems, then they have to follow and imple=
ment the conventions as prepared and approved by the representatives of t=
he ILO assembly.
(3) Convention No. 29 Since Burma became a member of the =
ILO, it accepted the ILO Convention on Forced Labour No. 29 (1930). Howe=
ver, having ratified this Convention, the government has failed to implem=
ent it, even though it was approved over 40 years ago (in 1955). During=
the ILO Assembly of 12 June 1996, the resolution on Burma stated that "I=
n particular, forcing children to work is not only a violation of basic h=
uman rights but also ignores human dignity and is the practice of crimina=
ls. Violating the rights of children and their rights to education, whic=
h are outlined in the International Bill of Human Rights amounts to destr=
oying the children's future. Burma has not followed and implemented Con=
vention No. 29, forced labour on construction of roads and bridges, force=
d labour to clear forests in frontline areas and forced portering should =
be stopped." as urged by the workers' and employers' delegates of the me=
mber states. =
(4) Convention No. 87 Convention No. 87 states that workers have rights=
to organise and freely associate. Burma ratified it in 1955 and even en=
acted the law within the country. But instead, rights to organise and fo=
rm trade unions are prohibited in Burma. In that regard, the ILO Assembl=
y of 1996 discussed and reaffirmed that Burma should promote and implemen=
t Convention No. 87.
=
Furthermore, a high level ILO investigation team for technical assistance=
, having been formed at the request of the SLORC, was denied access to Bu=
rma upon arrival in Bangkok.
That postponement amounts to a lost opportunity for some good advice rega=
rding Burma's labour affairs and the manner by which enacted labour right=
s have not been practised. Problems such as a lack of job security, dece=
nt working conditions and insufficient income leading to poverty cause co=
ncerns among the workers, and as such there has been a decline in the gen=
eral character of the workforce.
The Central Labour Affairs Working Group considers trade unions essential=
for the reclamation of lost labour rights, establishment of systematic m=
echanisms for the protection of these rights, and implementation of the r=
ights to organise and to freedom of expression. =
9. The ILO and Burmese labour affairs
At the 83rd Session of the ILO Assembly held in Geneva, Switzerland, June=
1996, delegates and representatives from around the world strongly conde=
mned Burma's labour conditions and the failure to implement the resolutio=
ns and conventions of the ILO. Some statements and discussions by ILO de=
legates in 1996 are outlined below.
=
"Since 1981, Burma has been called upon to implement Convention No. 87 ni=
ne times, and out of 15 reports by the ILO Committee of Experts, 12 repor=
ts have specifically referred to that Convention and urged it's implement=
ation in Burma. However, Burma has not responded. As yet there is no fr=
eedom of association in Burma, no labour organisations and no trade unio=
ns, and even contact with other trade unions and political parties is den=
ied. For example
Burmese sailors are granted permission to accept jobs in international co=
mpanies only after signing a bond claiming that they will never contact a=
nd participate in any seafarer unions world wide."- Swedish labour repres=
entative.
"The Assembly has on several occasions urged Burma to cease human rights =
violations, but the Burmese government has not taken any action. The med=
ia and freedom of speech are strictly controlled and nowadays people are =
subject to mass arrests." - Japanese labour representative.
" Burma has been under military control for several years and there are n=
o labour organisations and unions. The loss of political and social righ=
ts is shameful for Burma. The counter arguments presented by the Burmese=
delegate are absolute lies." - India labour representative.
"Although Burma has annually promised to follow ILO Convention No. 87, se=
veral times, there has been no implementation. We as a group of five cou=
ntries express our concern regarding Burma's human rights abuses. We re=
quest the right of workers to form trade unions and associate freely." -=
Norwegian delegate (on behalf of Scandinavia).
"For the Burmese government, the world's opinions and comments cannot b=
e ignored. Just saying 'our government approaches these matters with goo=
dwill' is not enough, Burma needs to change practically and in accordance=
with law." -Netherlands delegate.
The representative for the United Nations Secretary General stated that =
in accordance with the Burmese government's letter of request dated 4 Apr=
il 1996, a team led by a senior officer of the Norms and Standards Inspec=
tion Department was sent to Burma. When that team arrived in Bangkok, Tha=
iland, on transit to Rangoon, the Burmese government informed them by te=
legram that the trip was postponed because of unexpected matters. Thus, =
this representative also requested the ILO Assembly to strongly condemn B=
urma in it's report. Moreover, even though Burma ratified ILO Convention =
No. 29 (1930) in 1955, it remains unimplemented. In preparing Burma's Vi=
sit Myanmar Year for the promotion of tourism, not only men, but even und=
er-aged children and women were required to work without payment on const=
ructions of tourist facilities and attractions. For instance, thousands =
of people were required to work in shifts 24 hours a day in order to prep=
are Mandalay moat, violating ILO Convention No 29.
Therefore, the ILO assembly adopted a condemnatory resolution using stron=
gly critical words regarding Burma's breaches of ILO Conventions No. 87 a=
nd 29, and warning the Burmese government regarding it's failure to imple=
ment these Conventions. =
Moreover, the Burmese government was instructed to follow the resolution=
s laid down by the Third Committee during the 50th session of the United =
Nations General Assembly, issued on 11 December 1995. =
We are very disappointed that the Burmese government continues to violate=
human rights.
With reference to the Universal Declaration of Human Rights, we urge the =
Burmese government to create opportunities for all people to be involved =
in politics and to develop a democratic system, especially to transfer po=
wer to those persons elected through due democratic process. =
We strongly urge the government of Burma: =
- to respect and permit human rights, including rights to organise and fr=
eedom of speech,
- to protect indigenous peoples and ethnic minorities,
- to respect the right to life and cease violations of human dignity
- to cease torturing, rape, forced labouring, forced relocation, summary =
execution and disappearances.
We are extremely concerned by continued violations of human rights in Bur=
ma as observed by the United Nations special rapporteur, noted to include=
- execution; arbitrary arrest; detention; restrictions on freedom of spe=
ech, publicity and the right to association; torture; forced labour; forc=
ed portering and other enormous violations during military operations, an=
d forced relocation for reasons of economic development.
Article 26 of the ILO Constitution states that if a country fails to meet=
the world's labour norms and standards and violates human rights, then t=
he ILO has the right to form a special commission of investigation. Ther=
efore the Burmese government needs to deal with its failure to follow the=
Conventions and its violations of human rights, lest action be taken in=
accordance with Article 26 of the ILO Constitution.
Furthermore, on December 12, 1996, the United Nations General Assembly st=
rongly condemned Burma for the practice of forced labour (ILO Con. 29) an=
d for denying the rights to organise and freedom of association (ILO Con.=
87). The Assembly also demanded that Burma follow the ILO Conventions.
10. NLD Aims for labour affairs:
The Central Labour Affairs Working Group of the NLD aims to regain and pr=
otect these labour rights, notably the rights to organise and associate f=
reely, to demand legitimate labour rights, and the right to form trade un=
ions for workers in factories, industries and departments.
Therefore, the following projects are planned to achieve these aims.
11. Projects
The following projects of the NLD's Central Labour Affairs Working Group =
are designed to achieve these aims;-
(a) To study whether or not the current market economy and existing labou=
r laws are complimentary.
(b) "The Public Workers' Basic Rights and the Duties Act", revised in 196=
4 from the "Trade Conflict Act (1929)" was designed in part as a mechani=
sm for resolution of industrial conflicts, but is now in a state of colla=
pse and is implemented only at township levels.
As such, we must examine current industrial conflicts of both recent and =
extended nature such that we might establish a systematic process for res=
olutions.
(c) To collect and outline labour rights grievances, to find ways to atta=
in rights not yet enjoyed by all workers, and to prepare minimum wage and=
salary policies for workers who are struggling with insufficient income=
=2E
To collect information by which to revise labour laws.
(d) To study the constitutions of trade unions from democratic countries.=
(e) To hold seminars and training programs among the NLD's state, divisi=
on and township level members regarding labour laws and other labour issu=
es.
(f) If necessary, the Central Labour Affairs Working Group will have to i=
ncrease it's membership size.
12. Conclusion
These are the activities of the Central Labour Affairs Working Group, acc=
ountable to the Central Executive of the NLD Party. Under the guidance o=
f the NLD, we will do our utmost for the benefit of all workers throughou=
t Burma.
The Central Labour=
Affairs Working Group
27 May 1997
=
=
=
7
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