VL.png The World-Wide Web Virtual Library
[WWW VL database || WWW VL search]
donations.gif asia-wwwvl.gif

Online Burma/Myanmar Library

Full-Text Search | Database Search | What's New | Alphabetical List of Subjects | Main Library | Reading Room | Burma Press Summary

Home > Main Library > International Labour Organisation (ILO) > Committee of Experts on the Application of Conventions and Recommendations (CEACR) > CEACR: Observations concerning Convention No. 87, Freedom of Association and Protection of the Right to Organise, 1948 Myanmar (ratification: 1955). > CEACR: Observations concerning Convention No. 87, Freedom of Association and Protection of the Right to Organise, 1948 - Myanmar (English)

Order links by: Reverse Date Title

CEACR: Observations concerning Convention No. 87, Freedom of Association and Protection of the Right to Organise, 1948 - Myanmar (English)

Websites/Multiple Documents

Title: CEACR: Individual Observations concerning ILO Convention No. 87, Freedom of Association and Protection of the Right to Organise, 1948 - Myanmar (ratification: 1955)
Description/subject: From 1989...This page presents the Comments from 1989.
Language: English
Source/publisher: International Labour Office
Alternate URLs: http://webfusion.ilo.org/public/db/standards/normes/appl/appl-displayAllComments.cfm?hdroff=1&c...
http://www.ilo.org/ilolex/cgi-lex/pqconv.pl?host=status01&textbase=iloeng&chspec=30&hit...
Date of entry/update: 03 June 2003


Individual Documents

Title: Observation (CEACR) - adopted 2012, published 102nd ILC session (2013) Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - C087 - Freedom of Association and Protection of the Right to Organise Convention, 1948
Date of publication: March 2013
Description/subject: "The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 31 August 2012 which, while raising certain concerns about specific provisions in the recently adopted legislation, observes that there have been a number of welcome and positive developments in the freedom of association situation in Myanmar. The Committee notes the comments made by the International Organisation of Employers (IOE) on the right to strike, in a communication dated 29 August 2012, which are dealt with in the General Report of the Committee. The Committee observes that, at its 316th Session, the ILO Governing Body decided to take no further action on the complaint under article 26 of the Constitution, which had been pending in relation to the application of this Convention..."...In separate paragragraphs the Committee comments on the Legislative framework and Civil liberties...
Language: English
Source/publisher: International Labour Office
Format/size: html (21K)
Date of entry/update: 03 April 2013


Title: Observation (CEACR) - adopted 2011, published the 101st ILC session (2012) Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Myanmar (Ratification: 1955)
Date of publication: March 2012
Description/subject: "...The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 31 August 2011. The Committee further notes the conclusions of the Conference Committee on the Application of Standards of June 2011. The Committee notes, in particular, that the Conference Committee noted with great concern the continued failure by the Government, over several years, to eliminate serious discrepancies in the application of the Convention. The Committee further observes that an Article 26 of the Convention complaint in relation to the application of this Convention is pending for decision before the Governing Body..."
Language: English
Source/publisher: International Labour Office
Format/size: html
Date of entry/update: 06 March 2012


Title: CEACR 2010 (81st Session): Individual Observation concerning Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) Myanmar (ratification: 1955) Publication 2011
Date of publication: March 2011
Description/subject: "...The Committee therefore once again most deeply deplores the serious allegations of murder, arrest, detention, torture and sentencing to many years of imprisonment of trade unionists for the exercise of ordinary trade union activities. The Committee once again strongly urges the Government to provide information on the measures adopted and instructions issued so as to ensure respect for the fundamental civil liberties of trade union members and officers and to take all necessary measures to secure the immediate release of Thurein Aung, Wai Lin, Nyi Nyi Zaw, Kyaw Kyaw, Kyaw Win, Myo Min, and all those who have been imprisoned for the exercise of trade union activities and to ensure that no worker is sanctioned for the exercise of such activities, in particular for having contacts with workers’ organizations of his/her own choosing. Furthermore, recalling that the right of workers and employers to freely establish and join organizations of their own choosing cannot exist unless such freedom is established and recognized both in law and in practice, the Committee once again urges the Government to indicate all measures taken, including instructions issued, to ensure 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..."
Language: English
Source/publisher: International Labour Office
Format/size: pdf (135K)
Alternate URLs: http://www.burmalibrary.org/docs11/CEACR-C87-2010.pdf
Date of entry/update: 18 March 2011


Title: CEACR 2009 (80th Session): Individual Observation concerning Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) Myanmar (ratification: 1955), published 2010
Date of publication: March 2010
Description/subject: "...recalling that there is currently no legal basis to the respect for, and realization of, freedom of association in Myanmar, the Committee once again recalls that while trade unions are expected under Article 8 of the Convention to respect the law of the land, “[t]he law of the land shall not be such as to impair, nor shall it be so applied as to impair, the guarantees provided for in this Convention”. The authorities should not interfere with legitimate trade union activities through arbitrary arrest or detention and allegations of criminal conduct should not be used to harass trade unionists by reason of their union membership or activities. The Committee therefore once again most strongly deplores the serious alleged acts of murder, arrest, detention, torture and sentencing to many years of imprisonment of trade unionists for the exercise of ordinary trade union activities, including the mere sending of information to the FTUB and participation in May Day activities. The Committee once again urges, the Government to provide information on measures adopted and instructions issued without delay so as to ensure respect for the fundamental civil liberties of trade union members and officers and to take all necessary measures to secure the immediate release of Thurein Aung, Wai Lin, Nyi Nyi Zaw, Kyaw Kyaw, Kyaw Win, Myo Min, and all those who have been imprisoned for the exercise of trade union activities immediately and to ensure that no worker is sanctioned for the exercise of such activities, in particular for having contacts with workers’ organizations of their own choosing. Furthermore, recalling that the right of workers and employers to freely establish and join organizations of their own choosing cannot exist unless such freedom is established and recognized both in law and in practice, the Committee once again urges the Government to indicate all measures taken, including instructions issued, to ensure 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..."
Language: English
Source/publisher: International Labour Office
Format/size: pdf (127K)
Alternate URLs: http://webfusion.ilo.org/public/db/standards/normes/appl/appl-displayAllComments.cfm?hdroff=1&c...
http://www.burmalibrary.org/docs08/CEACR-C87-80th_session(en).pdf
Date of entry/update: 09 March 2010


Title: CEACR 2008 (79th Session): Individual Observation concerning Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) Myanmar (ratification: 1955)
Date of publication: February 2009
Description/subject: "...The Committee therefore once again most strongly deplores the serious alleged acts of murder, arrest, detention, torture and sentencing to many years of imprisonment of trade unionists for the exercise of ordinary trade union activities, including the mere sending of information to the FTUB and participation in May Day activities. The Committee urges, once again, the Government to provide information on measures adopted and instructions issued without delay so as to ensure respect for the fundamental civil liberties of trade union members and officers and to take all necessary measures to release all those who have been imprisoned for the exercise of trade union activities immediately and to ensure that no worker is sanctioned for the exercise of such activities, in particular for having contacts with workers’ organizations of their own choosing. Furthermore, recalling that the right of workers and employers to freely establish and join organizations of their own choosing cannot exist unless such freedom is established and recognized both in law and in practice, the Committee urges the Government to indicate all measures taken, including instructions issued, to ensure 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..."
Language: English
Source/publisher: International Labour Office
Format/size: pdf (141K), html
Alternate URLs: http://webfusion.ilo.org/public/db/standards/normes/appl/appl-displayAllComments.cfm?hdroff=1&c...
http://www.burmalibrary.org/docs6/CEACR-C87-2008.pdf
Date of entry/update: 08 March 2009


Title: CEACR 2007 (78th Session): Individual Observation concerning Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) Myanmar (ratification: 1955)
Date of publication: February 2008
Description/subject: "...The Committee regrets the paucity of the information provided by the Government in reply to the large number of extremely grave allegations most of which have remained without reply. The Committee urges the Government to provide detailed observations on all the above allegations, in its next report...The Committee once again urges the Government to furnish without delay a detailed report on the concrete measures taken to enact legislation guaranteeing to all workers and employers the right to establish and join organizations of their own choosing, as well as the rights of these organizations to exercise their activities and formulate their programmes and to affiliate with federations, confederations and international organizations of their own choosing without interference from the public authorities. It further urges the Government in the strongest terms to immediately repeal Orders Nos 2/88 and 6/88, as well as the Unlawful Association Act, so that they cannot be applied in a manner that would infringe upon the rights of workers’ and employers’ organizations. It requests the Government to communicate any steps taken towards the adoption of the Constitution and provide the text of the fundamental principles for the drawing up of the Constitution as well as any further relevant draft laws, orders or instructions made to guarantee freedom of association so that it may examine their conformity with the provisions of the Convention. Finally, the Committee requests the Government to indicate the manner in which the elements of civil society were involved in the adoption of the fundamental principles..."
Language: English
Source/publisher: International Labour Office
Format/size: html
Date of entry/update: 08 March 2009


Title: CEACR 2006 (77th Session): Individual Observation concerning Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) Myanmar (ratification: 1955)
Date of publication: February 2007
Description/subject: "...The Committee most strongly deplores these most recent and serious allegations which detail a long list of trade unionists who have been arrested, detained, tortured and sentenced to many years of imprisonment for the exercise of their trade union activities, including the mere sending of information to the FTUB. The Committee recalls once again that respect for civil liberties is essential for the exercise of freedom of association and that workers and employers should be able to exercise their freedom of association rights in a climate of complete freedom and security, free from violence and threats and that a climate of violence, in which murders and disappearances of trade union leaders go unpunished, constitutes an extremely serious obstacle to the exercise of trade union rights and that such acts require severe measures to be taken by the authorities. The authorities should not seize on legitimate trade union activities as a pretext for arbitrary arrest or detention. Furthermore, as regards, more specifically, torture, cruelty and ill-treatment, the Committee points out that trade unionists, like all other individuals, should enjoy the safeguards provided by the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights and governments should give the necessary instructions to ensure that no detainee suffers such treatment (see 1994 General Survey on freedom of association and collective bargaining, paragraphs 29 and 30). The Committee therefore urges, once again, the Government to provide information on measures adopted and instructions issued without delay so as to ensure respect for the fundamental civil liberties of trade union members and officers and to take all necessary measures to release all those who have been imprisoned for the exercise of trade union activities immediately and to ensure that no worker is sanctioned for the exercise of such activities, in particular for having contacts with workers’ organizations of their own choosing. The Committee firmly hopes that the Government will soon be in a position to indicate progress in this respect..."
Language: English
Source/publisher: International Labour Office
Format/size: html
Date of entry/update: 08 March 2009


Title: CEACR 2005 (76th Session): Individual Observation concerning Convention No. 87, Freedom of Association and Protection of the Right to Organise, 1948 Myanmar (ratification: 1955)
Date of publication: March 2006
Description/subject: "...The Committee notes with deep regret that the information provided by the Government continues to demonstrate a total lack of progress towards establishing a legislative framework under which free and independent workers' organizations can be established and a total absence of any meaningful dialogue in this respect. Noting that measures are needed urgently to amend the legislation and the Constitution with the full and genuine participation of all sectors of society regardless of their political views, the Committee, like the Conference Committee, once again urges the Government to communicate all relevant draft laws and to furnish a detailed report on the concrete measures taken to enact legislation guaranteeing to all workers and employers the right to establish and join organizations of their own choosing, as well as the rights of these organizations to exercise their activities and formulate their programmes and to affiliate with federations, confederations and international organizations of their own choosing without interference from the public authorities. It further urges the Government in the strongest terms to repeal Orders Nos. 2/88 and 6/88 as well as the Unlawful Association Act, so that they cannot be applied in a manner that would infringe upon the rights of workers' and employers' organizations."
Language: English
Source/publisher: International Labour Office
Format/size: html
Date of entry/update: 29 April 2006


Title: CEACR 2004 (75th Session): Individual Observation concerning Convention No. 87, Freedom of Association and Protection of the Right to Organise, 1948 Myanmar (ratification: 1955)
Date of publication: March 2005
Description/subject: "... The Committee must, once again, point out that it has been commenting upon the Government's failure to apply this Convention, both in law and practice, essentially since its ratification 50 years ago. It notes that the Government's report does not contain any of the information requested by the Conference Committee at its last session, in particular as concerns the communication of all relevant draft laws as well as a detailed report on the concrete measures adopted to ensure improved conformity with the Convention, including a response to the comments presented by the ICFTU. The Committee must note with deep regret that the information provided continues to demonstrate a total lack of progress towards establishing a legislative framework under which free and independent workers' organizations can be established..."
Language: English
Source/publisher: International Labour Office
Format/size: html
Date of entry/update: 11 May 2005


Title: CEACR 2003 (74th Session): Individual Observation concerning Convention No. 87, Freedom of Association and Protection of the Right to Organise, 1948 Myanmar (ratification: 1955)
Date of publication: March 2004
Description/subject: "...the Committee must note with deep regret the total lack of progress in providing a legislative framework in which free and independent workers' organizations can be established. The Committee takes due note of the renewed references in the Government's latest report to workers' welfare associations as the forerunners of trade unions safeguarding and promoting the interests of workers as best as they can at present, as well as of the regret expressed by the Government that the Committee holds a different opinion in respect of the role that may be played by the welfare associations. The Committee must reiterate in this respect that it has always considered that these associations have none of the attributes characteristic of free and independent workers' organizations that are the objective of the Convention. Indeed, the Committee fears that the Government's continued insistence on the role of the welfare associations in respect of the application of the Convention, without any other real progress in this application, is simply an indication of the lack of seriousness given to the fundamental matters raised by the Committee over these many years..."
Language: English
Source/publisher: International Labour Organisation
Format/size: html
Date of entry/update: 11 May 2005


Title: CEACR 2002: Individual Observation concerning Convention No. 87, Freedom of Association and Protection of the Right to Organise, 1948 Myanmar (ratification: 1955) Published: 2003
Date of publication: March 2003
Language: English
Source/publisher: International Labour Office
Format/size: html
Date of entry/update: 03 June 2003


Title: CEACR 2001: Individual Observation concerning Convention No. 87, Freedom of Association and Protection of the Right to Organise, 1948 Myanmar (ratification: 1955) Published 2002
Date of publication: March 2002
Language: English
Source/publisher: International Labour Office
Format/size: html
Alternate URLs: http://webfusion.ilo.org/public/db/standards/normes/appl/appl-displaycomment.cfm?hdroff=1&ctry=1670...
Date of entry/update: 03 June 2003


Title: CEACR 2000: Individual Observation concerning Convention No. 87, Freedom of Association and Protection of the Right to Organise, 1948 - Myanmar (ratification: 1955) Published: 2001
Date of publication: March 2001
Language: English
Source/publisher: International Labour Office
Format/size: html
Date of entry/update: 03 June 2003


Title: CEACR 1999: Individual Observation concerning Convention No. 87, Freedom of Association and Protection of the Right to Organise, 1948 - Myanmar (ratification: 1955) Published: 2000
Date of publication: March 2000
Language: English
Source/publisher: International Labour Office
Format/size: html
Date of entry/update: 03 June 2003


Title: CEACR 1998: Individual Observation concerning Convention No. 87, Freedom of Association and Protection of the Right to Organise, 1948 - Myanmar (ratification: 1955) Published: 1999
Date of publication: March 1999
Language: English
Source/publisher: International Labour Office
Format/size: html
Date of entry/update: 03 June 2003


Title: CEACR 1997: Individual Observation concerning Convention No. 87, Freedom of Association and Protection of the Right to Organise, 1948 - Myanmar (ratification: 1955) Published: 1998
Date of publication: March 1998
Language: English
Source/publisher: International Labour Office
Format/size: html
Date of entry/update: 03 June 2003


Title: CEACR 1996: Individual Observation concerning Convention No. 87, Freedom of Association and Protection of the Right to Organise, 1948 - Myanmar (ratification: 1955) Published: 1997
Date of publication: March 1997
Language: English
Source/publisher: International Labour Office
Format/size: html
Date of entry/update: 03 June 2003


Title: CEACR 1995: Individual Observation concerning Convention No. 87, Freedom of Association and Protection of the Right to Organise, 1948 - Myanmar (ratification: 1955) Published: 1996
Date of publication: March 1996
Language: English
Source/publisher: International Labour Office
Format/size: html
Date of entry/update: 03 June 2003


Title: CEACR 1994: Individual Observation concerning Convention No. 87, Freedom of Association and Protection of the Right to Organise, 1948 - Myanmar (ratification: 1955) Published: 1995
Date of publication: February 1995
Language: English
Source/publisher: International Labour Office
Format/size: html
Date of entry/update: 03 June 2003


Title: CEACR 1993: Individual Observation concerning Convention No. 87, Freedom of Association and Protection of the Right to Organise, 1948 - Myanmar (ratification: 1955) Published: 1994
Date of publication: March 1994
Language: English
Source/publisher: International Labour Office
Format/size: html
Date of entry/update: 03 June 2003


Title: CEACR 1992: Individual Observation concerning Convention No. 87, Freedom of Association and Protection of the Right to Organise, 1948 - Myanmar (ratification: 1955) Published: 1993
Date of publication: March 1993
Language: English
Source/publisher: International Labour Office
Format/size: html
Date of entry/update: 03 June 2003


Title: CEACR 1991: Individual Observation concerning Convention No. 87, Freedom of Association and Protection of the Right to Organise, 1948 - Myanmar (ratification: 1955) Published: 1992
Date of publication: March 1992
Language: English
Source/publisher: International Labour Office
Format/size: html
Date of entry/update: 03 June 2003


Title: CEACR 1990: Individual Observation concerning Convention No. 87, Freedom of Association and Protection of the Right to Organise, 1948 - Myanmar (ratification: 1955) Published: 1991
Date of publication: March 1991
Language: English
Source/publisher: International Labour Office
Format/size: html
Date of entry/update: 03 June 2003


Title: CEACR 1988 (?): Individual Observation concerning Convention No. 87, Freedom of Association and Protection of the Right to Organise, 1948 - Myanmar (ratification: 1955) Published: 1989
Date of publication: 1989
Language: English
Source/publisher: International Labour Office
Format/size: html
Date of entry/update: 03 June 2003