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NLD LABOUR AFFAIRS REPORT
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** REPORT FROM THE NATIONAL LEAGUE FOR DEMOCRACY**
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NLD: WORKERS AND FARMERS SITUATION
May 27, 1997
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
Group 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
to 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
Burma were not real representatives of the workers, because even though
Burma has ratified ILO Convention No. 87, it has not been implemented and
workers have been prevented from forming trade unions.
(c) The NLD Draft Policy for the 1990 General Election included the
following points on labour affairs-
(1) Trade unions are not to be omitted from a democratic system. Trade
unions 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, township
level NLD members who sought advice regarding labour issues were assisted
by the Central Labour Affairs Working Group. Occasional lectures were also
given to members at the township level so as to improve their knowledge of
labour matters. However, due to the Central Labour Affairs Working 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
increasingly systematic in its activities. There was also greater concentration
on class issues as demanded by the circumstances. The Central Farmers'
Team, The Central Women's Affairs Working Group and other social
assistance teams started to implement their activities.
6. On 21 August, 4 and 18 September 1996, U Tin Oo, a Central
Executive Member and Vice President of the NLD, attended the Central
Labour Affairs Working Group's meeting. He assigned the following persons
the responsibility of ascertaining and reporting upon the current situation of
workers in Burma and furthermore to outline the NLD's future program of
action in 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
recent years, agriculture products are still the primary produce of the
country.
Burma's population of 44.74 million (1996) includes 26.34 million people who
are between 15 to 59 years of age and being as such have productive capacity.
This figure includes 11.72 million farmers, out of a total productive
population
of 17.59 million. Therefore, the labour force amounts to 39.3% of the
country's
total population and 66.8% of the population 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
success 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 current
circumstances. The labour laws used for many years are far from perfect.
Moreover, given current levels of inflation and excessive policy emphasis
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 the
ways to change these.
Under the market economic system imposed during the period of SLORC
governance, workers in foreign investment and joint venture projects and
factories have had to suffer the following;-
(a) According to job appointment rules, the employer has the right to
dismiss any worker from employment without giving one months advance
notice, as outlined in existing labour laws. This grants excessive
opportunities 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 aired,
no mechanisms for demanding labour rights, no trade unions permitted at
workplaces and departments, no clear mechanisms for resolution of cases
where a worker was forced to resign (or rather, workers are afraid to
complain)
and no step by step appeal programmes (for negotiations, interventions 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
same 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
workers'
salaries in nationalised factories, and in circumstances of inequality 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, which
have appeared as a result of the developing market economy, have to work
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 appropriate
recompense, the employees being paid a small amount of money or being
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
Compensation Act excludes by definition workers earning over 400 Kyats
per month, so employers can claim that their workers are not covered by the
Compensation Act.
8. Concerning current conditions for workers in Burma, we state that-
(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 succeed and also can be
threatened with his or her job. Medical assistance, social assistance and job
security programs are not systematically organised.
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). However,
having ratified this Convention, the government has failed to implement 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 "In particular,
forcing children to work is not only a violation of basic human rights but also
ignores human dignity and is the practice of criminals. Violating the rights
of children and their rights to education, which are outlined in the
International
Bill of Human Rights amounts to destroying the children's future. Burma has
not followed and implemented Convention No. 29, forced labour on construction
of roads and bridges, forced labour to clear forests in frontline areas and
forced
portering should be stopped." as urged by the workers' and employers'
delegates
of the member 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 enacted
the law within the country. But instead, rights to organise and form trade
unions are prohibited in Burma. In that regard, the ILO Assembly of 1996
discussed and reaffirmed that Burma should promote and implement
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 Burma
upon arrival in Bangkok.
That postponement amounts to a lost opportunity for some good advice
regarding Burma's labour affairs and the manner by which enacted labour
rights have not been practised. Problems such as a lack of job security,
decent working conditions and insufficient income leading to poverty cause
concerns among the workers, and as such there has been a decline in the
general character of the workforce.
The Central Labour Affairs Working Group considers trade unions essential
for the reclamation of lost labour rights, establishment of systematic
mechanisms for the protection of these rights, and implementation of the
rights 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
condemned Burma's labour conditions and the failure to implement the
resolutions and conventions of the ILO. Some statements and discussions
by ILO delegates in 1996 are outlined below.
"Since 1981, Burma has been called upon to implement Convention No. 87
nine times, and out of 15 reports by the ILO Committee of Experts, 12
reports have specifically referred to that Convention and urged it's
implementation in Burma. However, Burma has not responded. As yet
there is no freedom of association in Burma, no labour organisations and
no trade unions, and even contact with other trade unions and political parties
is denied. For example Burmese sailors are granted permission to accept jobs
in international companies only after signing a bond claiming that they will
never contact and participate in any seafarer unions world wide."- Swedish
labour representative.
"The Assembly has on several occasions urged Burma to cease human rights
violations, but the Burmese government has not taken any action. The
media 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
no labour organisations and unions. The loss of political and social rights 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,
several times, there has been no implementation. We as a group of five
countries express our concern regarding Burma's human rights abuses. We
request 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
be ignored. Just saying 'our government approaches these matters with
goodwill' 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 April
1996, a team led by a senior officer of the Norms and Standards Inspection
Department was sent to Burma. When that team arrived in Bangkok, Thailand,
on transit to Rangoon, the Burmese government informed them by telegram
that the trip was postponed because of unexpected matters. Thus, this
representative also requested the ILO Assembly to strongly condemn Burma
in it's report. Moreover, even though Burma ratified ILO Convention No. 29
(1930) in 1955, it remains unimplemented. In preparing Burma's Visit
Myanmar Year for the promotion of tourism, not only men, but even under-aged
children and women were required to work without payment on constructions of
tourist facilities and attractions. For instance, thousands of people were
required
to work in shifts 24 hours a day in order to prepare Mandalay moat, violating
ILO Convention No 29.
Therefore, the ILO assembly adopted a condemnatory resolution using strongly
critical words regarding Burma's breaches of ILO Conventions No. 87 and 29,
and warning the Burmese government regarding it's failure to implement these
Conventions.
Moreover, the Burmese government was instructed to follow the resolutions 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
freedom 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 speech,
publicity and the right to association; torture; forced labour; forced
portering
and other enormous violations during military operations, and 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
the ILO has the right to form a special commission of investigation.
Therefore 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
strongly condemned Burma for the practice of forced labour (ILO Con. 29)
and 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
protect these labour rights, notably the rights to organise and associate
freely, to demand legitimate labour rights, and the right to form trade
unions 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 labour
laws are complimentary.
(b) "The Public Workers' Basic Rights and the Duties Act", revised in 1964
from the "Trade Conflict Act (1929)" was designed in part as a mechanism
for resolution of industrial conflicts, but is now in a state of collapse
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
resolutions.
(c) To collect and outline labour rights grievances, to find ways to attain
rights
not yet enjoyed by all workers, and to prepare minimum wage and salary policies
for workers who are struggling with insufficient income. 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, division
and township level members regarding labour laws and other labour issues.
(f) If necessary, the Central Labour Affairs Working Group will have to
increase it's membership size.
12. Conclusion
These are the activities of the Central Labour Affairs Working Group,
accountable to the Central Executive of the NLD Party. Under the guidance
of the NLD, we will do our utmost for the benefit of all workers throughout
Burma.
The Central Labour Affairs Working Group
27 May 1997