Informe provisional - Informe núm. 395, Junio 2021

1. 284. The complaint is contained in communications from the International Trade Union Confederation (ITUC) and from Education International (EI) dated 5 March and 30 May, and 23 March 2021, respectively.
2. 285. The Ministry of Labour, Immigration and Population (MOLIP) reply was forwarded in communications dated 23 April and 7 May 2021.
3. 286. Myanmar has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) but has not ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants’ allegations

1. 287. In its communication dated 5 March 2021, the ITUC submits an urgent complaint alleging violations by the military of Myanmar of the right to freedom of association, right to opinion and expression and right to peaceful assembly and protest in view of the fast-deteriorating human and labour rights situation of the workers and trade union leaders in Myanmar. The ITUC recalls the national elections held in the country on 8 November 2020 and the resulting election of the National League for Democracy (NLD) which were followed on 1 February 2021 by a coup d’état staged by the military, setting aside the Constitution of Myanmar and arresting political leaders including elected members of Parliament and government officials. It further recalls that the people of Myanmar, including workers, have engaged in peaceful protests calling for the reinstatement of the Myanmar Constitution and civilian Government of Myanmar and to respect the outcome of the elections of 8 November 2020 and that it is in this context that the Confederation of Trade Unions of Myanmar (CTUM) has called on workers to peacefully protest.
2. 288. The ITUC raises its serious concern that, at the time of drafting the complaint, the military had sanctioned attacks on protestors, perpetrated by the military and other security forces including the police, and about 38 people had been shot dead on the streets with many beaten and injured. In some cases, protestors and other onlookers were beaten and/or directly shot at. According to the ITUC, these deadly attacks will continue to deteriorate further and a system of impunity will be further entrenched to the detriment of the workers and people of Myanmar without urgent and immediate intervention, holding the military in Myanmar accountable for the international human and trade union rights obligations of the country.
3. 289. The ITUC recalls that the Committee has considered that a system of democracy is fundamental for the free exercise of trade union rights. The ITUC is of the view that the system of democracy in Myanmar is under considerable threat of being derailed without intervention and emphasizes that allegations of election malpractice can only be settled by judicial or civil means not through a military coup.
4. 290. The ITUC raises special concern about reports of the police and military conducting door-to-door searches for trade unionists at their dormitories and hostels in the Hlaingtharyar industrial township, Yangon, while industrial sector personnel were persecuted at the township police station, including the railway unions in Insein township. It further alleges that the military regime has charged the CTUM Central Committee members and Trade Union leaders under the Penal Code 505 (Kha) where there is no possibility of bail and a liability of two years in jail.
5. 291. On 1 March 2021, the CTUM issued a statement of condemnation against the regime for denying freedom of association, freedom of speech and right to peaceful assembly to the workers. The ITUC adds that, beyond the incidents contained in the present complaint, nearly 100 civil servants and workers have brought complaints to the ILO office in Yangon concerning retaliation due to their participation in the civil disobedience movement in defence of their rights to freedom of association and freedom of expression. The ITUC requests the Committee to give instructions for these complaints to be addressed, ensuring that all workers in the public and private sector can exercise their freedom of association free from threat, intimidation or harassment.
6. 292. The ITUC also refers to the actions of the healthcare workers in 70 public hospitals who put down their tools on the same day to oppose the coup. The CTUM and Myanmar Industry Craft and Service-Trade Unions Federation (MICS) suspended their participation in the tripartite bodies and labour dispute mediation platforms at all levels to oppose the coup. The CTUM urged trade union members to join the strike and the nationwide Civil Disobedience Movement (CDM) to demand the restoration of the 8 November election result, the release of the NLD leaders and the detainees arrested by the military under the CDM. A general strike was called by trade unions and labour organizations including the CTUM and MICS with workers across the country and across sectors participating. Finally, the ITUC alleges that on 20 February 2021, striking workers at the Mandalay shipyard were attacked by security forces and two were killed with 20 reported injured.

Legislative amendments withdrawing protections of basic civil liberties

1. 293. Besides the repression and attacks on trade unionists and workers, the ITUC also refers to a number of legislative amendments made after the coup in violation of the Government’s obligations under Convention No. 87. In this regard, the ITUC alleges that amendments made by the coup leaders on 13 and 14 February to the Law Protecting the Privacy and Security of the Citizens, the Ward or Village-tract Administration Law, the Cyber Law and the Penal Code are aimed at extending the powers of the military to further restrict the fundamental rights and civil liberties of the people in Myanmar and deny space for trade unions and workers to exercise their basic right to freedom of association, expression and peaceful assembly.
2. 294. In the Law Protecting the Privacy and Security of the Citizens, the provisions regarding protection of individuals from arbitrary arrests, searches, unwarranted detention, interception and intrusions have been removed, empowering security forces to arrest and detain workers, unionists and citizens taking part in the CDM. This coupled with the issuance of threats against civil and public servants intending to exercise their right to peaceful assembly and protest has seriously restricted freedom of association and assembly.
3. 295. The Ward or Village-tract Administration Law (Fourth Amendment) reinstates the mandatory overnight stay registration of non-locals, guests and visitors that had been repealed by the civilian Government, obliging the Ward and Village-tract Administrators to list the names of persons who arrive or visit the village and to scrutinize the list. The military has also expanded section 17 to oblige the residents and villagers to inform the administrators of the arrival, overnight staying and departure of non-listed family members, as well as the guests that are residing in other wards or villages. Moreover, the township administrator is authorized under the newly added section 16(d) to replace the Ward or Village-tract Administrators who have failed the stated responsibilities with the permission of the regional or state administration or Naypyitaw council. The penalties for violating the rules incur imprisonment of maximum seven days under section 27. The CTUM has reported that night hunts of union officers by military and police officers have been stepped up. Military officers are looking for trade union leaders in wards and villages based on a list of workers that includes the names of the factories in which they work creating a coercive and fearful environment for workers and trade unionists.
4. 296. The Cyber Law has been adopted to allow Government to ban information and news threatening national security, social stability including fake news. According to the ITUC, this law will put all communications in Myanmar under the control of the military, with devastating consequences for democracy and human rights. It is meant to control human rights defenders, trade unions and workers’ groups and leaders and procure a chilling effect on freedom of speech, opinion and peaceful assembly with a disastrous effect on Myanmar’s civil society and human rights environment. The new law prevents questioning of existing law and any action of the military junta online, which will lead to imprisonment and heavy fines. All employers including foreign companies operating in Myanmar will be subject to strict surveillance and be forced to comply with the dictates and decrees of the military regardless of their due diligence, human rights and international labour standards obligations exposing employers and employees to serious jeopardy. For example, the law includes under its cybercrime framework “written and verbal statement against any existing law”, a flagrant violation of the internationally recognized rights to freedom of association and assembly and other international human rights standards. That provision would also stop unions and employers’ organizations commenting on relevant laws at the International Labour Organization, in contravention of ILO procedures. The law also includes “offences committed locally and internationally”, meaning that persons outside Myanmar who criticize the junta face the prospect of action by the Myanmar military including trade unionists and other human rights defenders will be liable.
5. 297. Finally, the ITUC expresses its deep concern that treason under section 505 of the Penal Code has been amended to include attempts “to hinder, disturb, damage the motivation, discipline, health and conduct of the military personnel and government employees and cause hatred, disobedience, or disloyalty toward the military and the government”. Acts that are considered to cause fear, spread false news, or agitate against a government employee will be criminalized under the new subsection 505A in order to stop civil servants from continuing to join the protests. This is a threat against all those who legitimately criticize the military action and call for the restoration of the Civilian Constitution of Myanmar and constitutional control of the military of Myanmar as the most conducive environment for exercising freedom of association and civil liberties.

Military intimidation, coercion and striker replacements

1. 298. The military is systematically intimidating and coercing civil and public servants who are freely and peacefully participating in public protests against the military coup to return to work. Civil and public employees are threatened with dismissals, prosecutions and withdrawal of benefits to forbid them from joining the strikes and protests contrary to their right to peaceful assembly and protest. On 9 February, MOLIP issued an internal directive to demand enforcement of the Myanmar Constitution article 26(a) and the Civil Service Personal Rules section 10(g) on the political neutrality of civil and public servants and to ban the participation of civil and public servants in public protests. Section 38 of the Civil Service Personal Rules on civil and public servants’ work duties will be strictly enforced to prohibit them from taking unapproved leave. Employees are asked to report to duty and account for their absence from work or they will face disciplinary procedures and legal liability (letter from the MOLIP attached to the complaint). Similar directives have been issued by all government ministries, public institutions and enterprises.
2. 299. The ITUC further alleges that, on 13 February, the military-backed Union Solidarity and Development Party (USDP) which alleged fraud during the November 2020 election, submitted to the Office of the Military Appointments General under the Office of the Commander-in-Chief of Defence Services to use replacement workers to break up the workplace protests. An instruction letter calling for replacement workers from the military auxiliary forces was attached to the complaint.
3. 300. The ITUC further alleges that employees at the MOLIP in Naypyitaw were told by the Union Minister of Labour in an open speech on 16 February that the list of the staff who had staged protests or joined the CDM would be handed to the military for arrest, and that no one could hide or run away. Uniformed police officers and Langkho township administrative staff in Shan state were present at Langkho department of health on 10 February to take pictures of the staff and coerce a worker to produce a list of staff who had joined the CDM. The staff was threatened to be replaced by military personnel if they did not comply.
4. 301. According to the ITUC, physical force was used by military personnel to coerce the air traffic controllers working in Yangon International Airport in Mingalardon to return to work. On 11 February, air traffic controllers were seen being taken away by force by military personnel from the staff dormitory where they were staying near the international airport. The air traffic controllers and their families are alleged to have been threatened with arrest for incitement under section 505(b) of the Penal Code if they join the CDM. They are not allowed to take leave and are put under military surveillance at the workplace and the staff quarters.
5. 302. The ITUC strongly condemns these acts as contrary to the principle of freedom of association and deplores that peacefully protesting workers have been physically forced, intimidated and threatened, including by recourse to replacement workers, to break their will to peacefully protest against a military takeover which will undermine their rights at work.
6. 303. The ITUC also alleges further acts taken by the military to obstruct workers exercise of freedom of association. The ITUC refers in particular to written letters from the management sent to 51 staff of MOLIP in Naypyitaw who had protested in front of the office against the coup calling on them to account for their absence from work and to return to work by 11 and 15 February under threat of disciplinary procedure and withdrawal of their housing benefits. On 15 February, the MOLIP in Naypyitaw proceeded to suspend 29 staff from the Factories and General Labour Laws Inspection Department (FGLLID) section, including high-level staff. In the same period, 11 staff under the Department of Labour of MOLIP in other states had been suspended from work for leaving the workplace and joining the CDM. Similarly, the General Administration Department under the Ministry of the Office of the Union Government dismissed six staff in Layshi township of Sagaing on 12 February and another in Danubyu township in Ayeyarwady on 17 February.
7. 304. The ITUC provides a list of examples of other workers threatened with termination, legal liability, as well as withdrawal of their housing benefits and professional certificate if they fail to account for their absence from the workplace, while lists attached to the complaint with names of those intimidated, harassed and penalized have been requested to be kept confidential to protect them from grave retaliation:
   • (a) six staff of the General Administrative Department under the Ministry of the Office of the Union Administration in Layshi Township, Sagaing on 10 February;
   • (b) 23 staff from the General Administrative Department of the Ministry of the Office of the Union Government in Kanma township on 17 February;
   • (c) nine staff from Dawei township Department of Food and Drug Administration of the Ministry of Health and Sports in Tanintharyi on 16 February;
   • (d) 22 Staff from Directorate of Industrial Supervision and Inspection under the Ministry of Planning, Finance and Industry in various regions on 16 February;
     • (e) 61 staff from the Directorate of Investment and Company Administration of the Ministry of Investment and Foreign Economic Relations in various regions on 16 February.
8. 305. On 16 February, the Ministry of Health and Sports in Naypyitaw announced it would confiscate the professional licence of the staff in the medical department if they were found to have joined the protests. Public institutions such as the Nay Pyi Taw Development Bank, public schools and universities under the Ministry of Education, logistics workers in Yangon and state-owned enterprises such as Myanmar Gem Enterprise have issued the same warning and disciplinary procedures to stop workers from leaving the workplace without permission. The ITUC alleges that workers in the private sector are suffering from similar intimidation by employers, such as those in the banking sector in Rakhine state. The Industrial Workers’ Federation, Myanmar (IWFM) reported that the management of a garment factory in Hlaingtharyar township of Yangon had dismissed 135 union members out of the 490-strong workforce for being absent from work from 21 to 24 February and joining the CDM.
9. 306. The ITUC expresses its deep concern that trade union leaders and identified workers are forced into hiding. IWFM members in Hlaingtharyar industrial zone have alleged that some garment employers are actively asking workers for the contacts and locations of the union presidents and vice-presidents. The federation is worried that anti-union employers are taking advantage of the situation to bust the union. It is further alleged that plain-clothed military officers are surveilling and following workers returning from the protests to their rented place to extract information and to track down the union leaders.

Arrests and prosecutions of trade unionists

1. 307. The ITUC indicates that it has documented 28 instances of arrests and prosecutions involving more than 50 trade unionists for an alleged offence of incitement with false information under Penal Code (article 505) and violating Covid-19 social distancing under the Natural Disaster Management Law (article 25). In many cases, a formal charge to justify the arrest was not issued, thus denying due process. An Engineer of the Maubin (South) Oil and Natural Gas Field GOCS-1 in Ayeyarwaddy owned by Myanmar Oil and Gas Enterprise was abducted by plain-clothed police and transferred to Pathein on 12 February. The township police claimed that he was accused of joining the CDM although he had not left the workplace since 1 February. The IWFM was informed by members on 18 February that plain-clothed military officers were inquiring with garment factory owners in Hlaingtharyar industrial zone for the names of the union leaders. On 24 February, the CTUM learned that the military had put 20 union leaders in Hlaingtharyar industrial zone, including six CTUM central committee members, and seven members of the Myanmar Transport Federation in Insein township on the list and proceeded for prosecution against them.

Deregistration of labour organizations

1. 308. On 26 February, the military government declared 16 labour organizations illegal, namely, the All Burma Federation of Trade Unions (ABFTU), Let’s Help Each Other (LHEO), Future Light Center (FLC), Action Labour Right (ALR), All Myanmar Trade Unions Network (AMTUN), Agriculture Freedom of Myanmar (AFM), Association for Labour and Development (ALD), Federation of Garment Workers Myanmar (FGWM), Labour Action Group (LAG), Labour Power Group (LPG), We Generation Network, Young Chi Oo Workers’ Association (YCOWA), Solidarity Trade Unions Myanmar (STUM), Coordination Committee of Trade Unions (CCTU), Myanmar Petroleum Worker labour federation (MPWLF), Industrial Women Workers Organization (IWWO). The ITUC denounce these deregistrations as contrary to the principles of freedom of association under international labour standards and human rights obligations and is clearly aimed at removing any protections the workers and members can exercise by virtue of their trade union membership.
2. 309. In conclusion, the ITUC underlines that in light of the rapidly deteriorating human and trade union situation, irreparable damage will be caused to workers and trade union leaders without the urgent intervention of the ILO supervisory bodies and in this case the Committee.
3. 310. In its communication dated 23 March 2021, EI strongly condemns that on 1 February 2021, the military declared a state of emergency in Myanmar for one year. Since the coup, hundreds of thousands of people have demonstrated peacefully throughout the country protesting the military takeover and calling for the restoration of democracy. The use of force and threats against peaceful demonstrators has been widespread, including the use of live ammunition, tear gas, water cannons and stun grenades. It has been reported that more than 50 demonstrators have been killed. There have also been reports of police and military firing weapons at houses and apartment buildings in Yangon, properties being set on fire, as well as house-to-house and school buildings searches by the police and military.
4. 311. EI emphasizes that it is within this context that unlawful killings and detention of union leaders and workers defending the rule of law, democracy, and freedoms in civil disobedience movements are taking place in serious violation of ILO Conventions. Specific directives have been adopted by the new military rulers to ban the participation of civil and public servants, including teachers, in public protests.
5. 312. EI also deplores the continued detention of Australian academic Sean Turnell, Director of the Myanmar Development Institute, and an economic adviser to State Counsellor Aung San Suu Kyi. He was arrested during the coup on 1 February 2021 and has been detained since. Turnell is a member of the National Tertiary Education Union.
6. 313. EI stands with its affiliate, the Myanmar Teachers’ Federation (MTF), who assisted in compiling lists of detained education workers and students (lists attached to the complaint have been requested to be kept confidential to protect those concerned from grave retaliation). The MTF urged its members to join the strike and the nationwide CDM to demand the restoration of the 8 November election result, the release of the NLD leaders and the detainees arrested by the military under the CDM.
7. 314. EI deplores the killing and torture of Zaw Myat Lynn, a prominent community organizer and teacher. He was an activist with the National League for Democracy (NLD). Zaw Myat Lynn had been at the forefront of local anti-coup protests. He shared videos of soldiers beating and shooting peaceful demonstrators.
8. 315. EI condemns the intimidation and coercion used to make civil and public servants, who are freely and peacefully participating in public protests against the military coup, return to work. Civil and public employees are threatened with dismissals, prosecutions, and withdrawal of benefits to forbid them from joining the strikes and protests. EI refers to the internal directive issued by the MOLIP on 9 February and adds that section 38 of the Civil Service Personal Rules on civil and public servants’ work duties has been strictly enforced to prohibit public servants from taking unapproved leave. Similar directives have been issued by all government ministries, public institutions and enterprises. Public institutions such as public schools and universities under the Ministry of Education issued the same warning and implemented disciplinary procedures to stop education workers from leaving the workplace without permission.
9. 316. EI also refers to the directive to use replacement workers to break up the workplace protests submitted by the military-backed Union Solidarity and Development Party on 13 February.
10. 317. Finally, EI alleges that the new rulers in Myanmar sued teachers who served in polling stations for electoral fraud during the November 2020 election, although they performed these responsibilities given to them by the State despite the global COVID-19 pandemic and resulted in the suffering of some polling station staff including teachers and their family members from COVID-infection with two teachers and some other family members losing their lives.
11. 318. In a communication dated 30 May 2021, the ITUC provided supplementary information and new allegations in relation to its complaint, including serious allegations of killings of workers and union leaders.

B. The Government’s reply

1. 319. The replies of the MOLIP were transmitted in communications of 23 April and 7 May 2021 as follows. Myanmar adopted the Labour Organizations Law in 2011 and it entered into force on 9 March 2012 in accordance with Convention No. 87. If workers want to organize labour organizations for carrying out labour affairs, they need to register in accordance with its provisions. All registered organizations can organize freely in accordance with the provisions of the Labour Organization Law. There are 2,878 grassroots-level (basic level) workers’ organizations, 161 township-level labour organizations, 24 regions and states-level workers’ organizations, 9 leagues of labour organizations, and 1 national organization for labour affairs and 1 league of employers’ organization in Myanmar. Therefore, a total of 3,073 labour organizations and a total of 29 employers’ organizations have already been organized in Myanmar. If workers want to make a protest concerning labour affairs, they need to do so in accordance with the provisions of the 2012 Labour Dispute Law and if they make a protest beyond the provisions of that law, there might be actions taken by the departments concerned in accordance with the existing laws.
2. 320. As regards charges to arrest and imprison, if some trade unionists, some workers and some leaders of labour organizations violate civil laws by committing acts which can be regarded as violent, such as burning factories, threatening and beating workers who do not engage in the CDM and blocking roads impeding the fire brigade and ambulance to carry out their work in an emergency situation and blocking factories, there might be the possibility of taking actions and filing a suit by some local police stations. Workers’ leaders shall be prosecuted under relevant existing laws like the Penal Code and the Communication Law. The MOLIP did not file a suit or arrest and did not put the said trade unionists in prison. However, some workers might have action taken against them by the relevant police stations due to having engaged in the above-mentioned actions.
3. 321. Some trade unionists instigated workers in the factories and workshops to take part in the CDM. Some workers who took part in the CDM waited at the entrance of the factories and prevented the workers who came to the factories to work from working. MOLIP invited and discussed with employer and worker representatives as there was increasing unemployment due to some employers who could not pay wages, some factories whose production had stopped or productivity decreased, and some workers being incited to leave factories and to join CDM by workers’ leaders. Workers’ organizations and employers’ organizations were advised and encouraged to continue to cooperate not only in tripartite mechanisms but also as required.
4. 322. As regards the CTUM call for a national strike, the MOLIP indicates that, although the CTUM and another labour organization which is believed to be the MICS-TUsF, issued a statement on 3 February that they would suspend their participation in all tripartite bodies for one year, it was seen that they did not engage extensively in all dispute settlement mechanisms in the whole country. Despite this, the MOLIP did not dissolve or shut down these organizations and has been cooperating with them in labour affairs in accordance with the existing laws, by-laws and practices.
5. 323. As for the legislative amendments, these were aimed at maintaining the stability and peace of the State and the social security of the citizen during the period while the military (Tatmadaw) is temporarily holding/retaining the power of the State. The legislative amendments do not include any restrictions to limit the right to peaceful·assembly and association but to maintain national security, public safety and public order. Some amendments were made to protect the rights and freedom of others since some persons who get involved in the so-called CDM movement prevent others from entering the workplace threatening and beating in some cases. Myanmar citizens including workers can exercise their rights to peaceful procession, assembly and association in accordance with the provisions of relevant laws. Recent protests turned into unrest and therefore, necessary actions were taken against those who committed violent acts. Since Myanmar is a State party to Convention No. 87, it remains committed to the domestic laws, by-laws and procedures which are developed in line with the Convention.
6. 324. Regarding allegations of intimidation and coercion of civil and public servants, the MOLIP refers to the following articles of the Civil Service Law: article 10(e) – “a service personnel is responsible for carrying out the assigned duties and responsibilities efficiently”; article 10(f) – “following the by-laws, principles and orders, directives as well as following workplace rules and regulations, orders and directives made by this law and specific work place conditions, orders and directives particularly stipulated by the respective services personnel organization”; and article 10(g) – “non-involvement in any party politics”. As regards leave-related limitations, reference is made to article 15: “a service personnel may enjoy leave in accordance with the by-laws, principles and regulations with the permission of the persons whom the ministry and organizations bestowed the authority”. In addition, rule 162(a) of the by-law of the Civil Service Law imposes departmental actions or disciplinary measures on the cases that “do not fulfil duty properly and irresponsibility or conducting duties carelessly” and article 162(d) imposes departmental actions or disciplinary measures on the cases that “fail to comply the orders and directives issued in line with the law”.
7. 325. As regards allegations of temporary suspension from duties, reference is made to rule 173(b) “with regard to departmental action, if a service personnel is found to be guilty, one of such heavy punishments as reducing the salary within the pay-scale, or demotion or removal from the current position or dismissal from being a civil servant can most likely to be put on him or her”. In this respect, the department issued a departmental order on 16 February 2021 to temporarily suspend 29 staff. Staff who were suspended from their duties were those who had been absent from the workplace without the permission from any superiors or supervisors with authority to give permission and had left the workplace on their own volition. Such actions, in compliance with the Civil Service Law and by-law would be taken at any time for similar absence from work. With regard to working hours, rule 161(d) of the by-law of the Civil Service Law provides that departmental or administrative actions can be taken for those who are “absent from work without leave by violating the regulations of leave”. If a civil servant breaks leave regulations and is absent from work without any reason, such actions as temporary suspension, or if they are found guilty after being examined by the Board of Departmental Examination (DE), such punishments as removal from being a civil servant or dismissal will be imposed in line with the Civil Service law and by law.
8. 326. As regards the regulations and principles on behaviour and conduct at work for civil servants, disciplinary measures can be taken by the concerned department under: (i) rule 163(d) of the by-law of Civil Service Law as regards acts “instigating, initiating or abetting to disrupt peace and to cause misunderstandings/divisions among staff”; (ii) rule 163(s) as regards acts “disobeying any instructions or orders given by superiors or supervisors in accordance with his or her responsibility or duty in line with law by the staff himself or herself or instigating, threatening or persuading other staff to disobey”; (iii) rule 163(t) as regards “failure to protect classified official documents or providing confidential information directly or indirectly to irrelevant persons”; and (iv) rule 163(v) as regards “participating or instigating or abetting in any activity which has an adverse effect on national security and rule of law”.
9. 327. After departmental actions have been taken in line with staff principles and if they are found guilty, they would receive from the lightest punishment of warning by letter to the heaviest punishment such as removal from the current post and dismissal from being a civil servant in accordance with the provision 53 of the civil servant law. If a heavy punishment is imposed, the civil servant will have to leave the apartment housing or room hostel in accordance with the rules and regulations. Arranging housing and apartments built by the Government is undertaken by the Government by spending great expense for the convenience of those civil servants who serve the country dutifully as a civil servant. Therefore, the MOLIP notifies or informs civil servants not to involve in any political instigation and go back to office out of the fear that the staff will lose the right to stay in the Government’s housing for civil servants once they are no longer civil servants. At present the MOLIP department concerned has not directed or instructed any staff to leave the apartment or hostel room.
10. 328. Moreover, the Ministry has not expressed or notified by letter that the professional certificates issued by the National Skills Standards Authority – NSSA of the MOLIP, including national level professional recognition certificates issued to the assessors and inspectors, would be terminated or withdrawn, nor has it issued any notifications or orders or threatened to cancel professional skills certificate of doctors appointed in the social security organization and doctors and medical and health experts seconded by the Ministry of Health and Sports.
11. 329. The Ministry also did not send any notification letters to staff of the Social Security Organization involved in the CDM, nor did it threaten or notify them to leave their apartments. It rather urged and raised awareness for the civil servants who were absent from work to go back to office and attend office regularly.
12. 330. As regards allegations of replacement of workers including civil servants engaged in peaceful protests and military coercion to return to work, the MOLIP indicates that it did not express that they would hand the names of people who had participated in the protest and CDM to Tatmadaw (the military) for arrest nor have they done so.
13. 331. As regards the allegations of deregistration of 16 labour organizations, the MOLIP recalls that if workers want to form labour organizations to conduct labour affairs, they need to register their organizations in line with the provisions of the Labour Organization Law. These 16 organizations have not been registered in line with law, however they had been acting in labour affairs. Therefore they were announced as “illegal organizations as they were not registered under the existing Law”.
14. 332. As regards the general allegations of a climate facilitating union-busting, although there was no official report to the Ministry, there were some workers who were against the workers’ organizations and some misunderstandings or divisions among the grassroots-level workers since some labour organizations made press releases or announcements without consulting and discussing with the grassroots-level, township-level and regions-level labour organizations.
15. 333. In conclusion, it is maintained that all actions were taken in line with the laws as there were actions like burning factories and industries which have been invested by foreign and local and are crucially important for the country’s productivity. Consequently, through the strikes under the democracy system, some misused their rights and riots and violence have resulted that obliged the Government to take actions according to the law. Myanmar is targeting and considering to reopen closed factories and industries to restore employment opportunities of citizens, re-operate transportation for trading and be able to hand over the state power to the elected party in accordance with the democratic norms by holding free and fair multi-party general election under the 2008 Constitution after overcoming the emergency situation.

The Committee’s recommendations

1. 358. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee regrets the serious deterioration of freedom of association and other relevant human rights occurring in the country and in particular expresses its deep concern at the allegations of attacks on striking workers at Mandalay shipyard resulting in two deaths and the killing and torture of Zaw Myat Lynn. The Committee calls for a full and independent investigation into the circumstances of these deaths and requests to be kept informed of the outcome.
   • (b) The Committee urges the responsible military authorities to cease immediately the use of violence against peaceful protesters and restore the protections that had been assured by the Law Protecting the Privacy and Security of the Citizens, withdraw the surveillance powers that have been restored to the wards and villages, repeal section 505A of the Penal Code and amend section 38(c) of the ETA with a view to ensuring full respect for the basic civil liberties necessary for the exercise of freedom of association, including freedom of opinion and expression, freedom of assembly, freedom from arbitrary arrest and detention and the right to a fair trial by an independent and impartial tribunal so that workers’ and employers’ organizations can carry out their activities and functions without threat of intimidation or harm and in a climate of complete security.
   • (c) The Committee calls on the responsible authorities to reinstate any civil servants, healthcare workers or teachers dismissed or suspended for their participation in the CDM and to restore any benefits that may have been withdrawn as a consequence so that their trade union rights are restored. The Committee further expects that appropriate steps will be taken to ensure that trade unionists and workers in the private sector are not penalized for having engaged in the CDM for the restoration of their trade union rights and that steps will be taken to ensure the restoration of their employment and corresponding benefits where this may have been the case.
   • (d) The Committee urges all necessary measures to be taken to ensure that no person is detained in connection with participation in a peaceful protest action for the restoration of his or her trade union rights. The Committee further urges the immediate release of all persons who would have been arrested and/or detained for their participation in a peaceful protest for the restoration of their trade union rights and to be informed of all steps taken to this end.
   • (e) The Committee urges the immediate withdrawal of the declaration by the military authorities of 26 February which declared 16 trade unions as not being legal.
   • (f) The Committee further requests detailed information to be provided in response to the supplementary information and new allegations submitted by the ITUC in its communication dated 30 May 2021.
   • (g) The Committee draws the Governing Body’s attention to the serious and urgent nature of this case.