Informe provisional - Informe núm. 407, Junio 2024

1. 268. The Committee last examined this case at its March 2022 meeting, when it presented an interim report to the Governing Body [see 397th Report, paras 503–584, approved by the Governing Body at its 344th Session].  The Committee recalls that it suspended its examination of this case after its last examination in light of the Governing Body’s decision to appoint a Commission of Inquiry to examine the non-observance of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No 87), among other Conventions [see 399th Report, para. 15, approved by the Governing Body at its 345th Session]. The Governing Body took note of the report of the Commission of Inquiry at its 349th Session (October–November 2023). The Committee observes that the Commission of Inquiry established in its report that, in the light of the gravity of the issues raised, the situation and the progress achieved on its recommendations should be the subject of active supervision by the ILO supervisory bodies concerned. The Committee also observes that several of the pending recommendations of the Commission of Inquiry concern matters raised in Case No. 3405, the examination of which may now be reactivated. In its 405th Report (March 2024, paragraph 16), considering the gravity and persistence of the matters involved in this case, the Committee requested the Myanmar military authorities to send their observations in relation to its previous recommendations and in light of the relevant recommendations of the Commission of Inquiry so that it may pursue its examination of this case in full knowledge of the facts at its next meeting.
2. 269. The International Trade Union Confederation (ITUC) provided new allegations in a communication dated 12 April 2024.
3. 270. The Ministry of Labour, Immigration and Population (MOLIP) and the Permanent Mission in Geneva provided a reply in communications dated 12 April, 27 and 29 May 2024.
4. 271. 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. Previous examination of the case

1. 272. At its March 2022 meeting, the Committee had made the following recommendations:
   • (a) The Committee firmly urges the responsible military authorities to cease immediately the ongoing use of violence against peaceful protesters and to carry out independent investigations into the deaths of all the above-named workers and trade unionists killed in relation to protest actions and the exercise of their basic civil liberties, including fundamental freedom of association rights, and to provide detailed information on the steps taken in this regard and the outcome of the investigations.
   • (b) The Committee firmly urges the repeal and amendment of section 505A of the Penal Code, section 124 of the Criminal Code, section 38(c) of the Electronic Transaction Act (ETA), the withdrawal of the surveillance powers that were restored to the wards and villages under the amended Ward or Village-tract Administration Law and the withdrawal of the declaration of the trade unions declared as unlawful so as to ensure 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 expects that all the cases of trade unionists and workers arrested or detained for action in relation to the restoration of their trade union rights and democracy in the country will be investigated and that steps will be taken without delay to ensure their immediate release. It requests to be informed of all steps taken to this end.
   • (d) The Committee once again 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.
   • (e) The Committee recalls its previous recommendation that appropriate steps 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 requests to be informed of the specific measures taken in this regard.
   • (f) Observing the magnitude of the task of reviewing all the cases brought before it, the Committee considers that the institution of an investigative authority independent of the military would be a necessary measure to bring justice to those who have peacefully exercised their rights of freedom of assembly, expression and association and requests to be informed of the measures taken in this regard.
   • (g) The Committee urges the military authorities to recognize the critical importance of ensuring these rights and freedoms to the workers and employers of the country as a necessary prerequisite to any legitimate democracy and the sustainable development of the country.
   • (h) The Committee draws the Governing Body’s attention to the extreme seriousness and urgency of this case.

B. The complainant’s new allegations

1. 273. In its communication dated 12 April 2024, the ITUC submits supplemental information regarding numerous attacks by the military authorities against trade unionists, workers and civil servants, including: intimidation and threats against trade unionists, workers and civil servants to ensure their return to work and to renounce their participation in the Civil Disobedience Movement, suspension from posts and use of striker replacements, withdrawal of benefits and professional competency certificates, police lists of workers and trade unionists for arrest, imprisonment and detention and numerous deaths following interventions by the military and police forces in peaceful protests, including the killing of union leaders.
2. 274. The ITUC alleges in particular that on 20 August 2023, the military-led State Administration Council (SAC) issued notification No. 161 (attached to the complaint) to establish a steering committee to respond to the ILO Commission of Inquiry on Myanmar (CoI) which includes specifically to coordinate actions “against organizations such as CTUM (Confederation of Trade Unions Myanmar) that is inciting international to give pressures on Myanmar and to stage demonstrations by using ILO platform”.
3. 275. Basic civil liberties essential to the exercise of freedom of association have not been restored and trade unionists who were arbitrarily arrested and detained remain in prison, while more workers have been arrested under various criminal laws for acts related to their legitimate trade union activity. The ITUC refers in particular to the new sentence handed down by South Dagon Military Tribunal of seven years imprisonment with hard labour to the General Secretary of the Myanmar Industry, Crafts and Services Trade Union Federation (MICS–TUsF), Thet Hnin Aung after his re-arrest from lnsein Prison on 23 June 2023.
4. 276. Trade unionists who were forced into hiding or exile with their passports or citizenship voided remain so today. Nor has the situation changed for trade union organizations at all levels which were dissolved, often replaced with employer-dominated unions or workplace committees that do not genuinely represent the workers’ interests. The ITUC adds that those who have committed serious crimes against trade unionists, including sexual violence, torture or murder, have faced no consequences of any kind.
5. 277. The ITUC emphasizes that workers in Myanmar have no meaningful ability to exercise their right to associate and organize in law or in practice. The legislation and orders promulgated by the military-led SAC remain effective while more townships have been put under the state of emergency. The country’s industrial zones, which produce goods for well-known brands worldwide, remain under martial law. Workers are working under a coercive environment, unable to exercise their freedom of association rights including civil liberties. As an example, the ITUC refers to a factory where 48 workers tried to organize a union to improve the workplace conditions in September 2023. They applied for registration of the basic labour organization but the military transferred their personal information to the employer, which then dismissed 41 of the workers. Five soldiers entered another factory in October 2023, summoned seven workers who had raised complaints about wage theft, and accused them of organizing a protest and inciting riots. The workers were arrested and forced to sign a pledge not to engage in similar actions in the future. The soldiers threatened them with political charges and imprisonment if they refused to sign the pledge. There are several more such cases, which continue to this day.
6. 278. According to the ITUC, arbitrary arrests and extortion by the military are being systematized since the enactment of the conscription laws, while accounts show that more than 4,600 people have been killed by the military since February 2021, including 659 women and 490 children with the real death toll being much higher. More than 20,000 opponents of the military, including 3,909 women, are detained.
7. 279. On 10 February 2024, the military junta under the SAC enacted the People’s Military Service Law (2010) for compulsory conscription of males (17–35 years old) and females (18–27 years old. The enacted law seeks to legitimize practices of forced recruitment of civilians to military trainings and conscription to militias which have been going on since the coup. Fourteen million youths in the country, including 7.7 million women, 6.3 million men accounting 26 per cent of the population will be subjected to conscription which will last from 24 months to up to 36 months if they are considered “experts” to provide military technician service. The service duration is extendable to maximum 5 years under emergency situation (article 3). Evasion of the conscription order is punishable with 5 years’ imprisonment.
8. 280. The Military Service Law (article 21(a)) provides for imposition of compulsory conscription on the population for a prolonged period of time within the framework of the national service programme that includes non-military services and work under vaguely formulated, undefined “states of emergency”. The broad scope of conscription provided in the law goes well beyond the exceptions provided for in Convention No. 29 (article 2(2)(a)). The Confederation of Trade Unions Myanmar (CTUM), the Myanmar Labour Alliance (MLA) and the National Unity Government (NUG) have denounced the conscription, which is aimed at forcing young civilians to defend the military regime that they have been rejecting for the last three years through peaceful means and public protests. According to the mapping of CTUM, within one month of the law’s enactment, reports of forced conscription to military trainings have been reported in 25 townships. In Shan and Kachin state, and in Magway, Mandalay, Sagaing, Bago and Yangon region, soldiers stationed at the checkpoints and on the main roads stopped young passers-by and cars to search for youths and take them away. Between 11 and 14 Feb, 80 people have reportedly been taken away by soldiers from 6 townships in Mandalay. Some have remained incommunicado with their family, others were detained for hours at the ward administration or police station before their relatives paid for their release.
9. 281. Trade unionists, students, activists, as well as civil servants, railway, garment and health workers who have been dismissed, blacklisted or driven out of their dormitories for taking part in the strikes, are fleeing the country. The practice of forced recruitment of young people for military training is on the rise. In Yangon region, workers are being asked by factory management to fill in and return the biometric enrolment form of the Military Council’s Immigration and Labour Department. On 13 February, 17 male factory workers aged 18 were summoned from their dormitories in Industrial Zone 1 in South Dagon Township by a joint team of army, police and township administration officials.
10. 282. In regions where militia conflicts with armed ethnic organizations have grown intense, such as in Naung Tayar Township in Shan state, villagers are threatened by soldiers that they will be portered if they try to leave the village. The ITUC makes detailed allegation on the treatment of Rohingya and indigenous peoples in the implementation of the law. The ITUC adds that large numbers of young people and factory workers from Rakhine State were arrested by the military and police upon their return from Yangon. On 18 February, 76 of them were arrested on arrival at Kyaukphyu airport. A further 26 were arrested at the same airport the following day and the arrest on 20 February of a hundred young people at a checkpoint in Yangon’s Shwe Phyi Thar Township, were mostly workers on their way back to Rakhine State by bus.
11. 283. These developments, violating trade union rights, civil liberties and prohibition of forced labour, undermining further the environment for the meaningful exercise of freedom of freedom of association, are occurring in the context of the published ILO Commission of Inquiry report to which the military authorities replied to the ILO office on 29 February 2024, claiming that it accepted the recommendations and had made progress on enforcement of Conventions Nos 87 and 29. The miliary authorities have shown no evidence of measures being taken to cease violence and reverse the laws and practices specified in the CoI’s recommendations, paras 642–645.
12. 284. In conclusion, the ITUC urges the Committee to disregard any claims made by the Myanmar military authorities of enforcing Myanmar’s obligations under these two Conventions given its absence of recognition by the UN General Assembly and the ILC and rather to urge them to immediately revoke the Military Service Law and cease military recruitment and forced conscription under the law and immediately cease or reverse any measures or actions that violate Myanmar’s obligations under Conventions Nos 87 and 29 specified in the CoI’s recommendations.

C. The reply from Myanmar

1. 285. In a communication dated 12 April 2024, the Permanent Mission in Geneva transmits information from the Ministry of Labour that it has conducted extensive awareness campaigns to ensure the employers and workers are widely aware that they can freely establish labour organizations according to the Labour Organization Law, 2011. Between December 2023 and February 2024, awareness-raising workshops were conducted in 268 workshops and factories and 16,860 workers and employers attended. Moreover, the Ministry is currently conducting the distribution of educational pamphlets on the Labour Organization Law to ensure that workers are aware of it. For the workers who wish to form labour organizations, they have the right to form the organizations in accordance with the law, and the Ministry processes applications promptly without any restrictions. In 2024, as of 1 April 2024, two new basic labour organizations had been registered and certificates were issued to GTIG Guohua Glory Garment and Gysen Garment basic labour organizations in Shwepyithar Township, Yangon.
2. 286. To resolve the collective bargaining and labour disputes that may arise in factories and workshops, employers, workers and relevant departments collaborate to ensure the employers resolve the disputes in compliance with labour laws administered by the Ministry of Labour rather than file the complaint directly with the Myanmar Police Force for resolution. The military authorities state that no legislative amendments or new legislations in connection with the matters related to labour affairs has been introduced. The relevant mechanisms to enforce the labour related laws have been functioning and there is no ground to assume that Myanmar is not complying with ratified ILO Conventions from the legislative point of view. The military authorities add that they have responded to the recommendations of the Commission of Inquiry that some recommendations of legislative nature will be reviewed in accordance with their internal procedures.
3. 287. With regard to the so-called CDM movement, the military authorities reiterate that the movement calls all workers including public servants to stop their services including essential public services like healthcare services to the population for unlimited period of time. The Labour Organization Law stipulates that strikes shall be illegal if they involve essential services and those whose interruption are liable to endanger the life, health and security of the people. It is internationally accepted that the right to strike is not absolute and it may be subject to certain legal conditions or restrictions in essential services. The length of the strike is also taken into account and some countries choose to prohibit a strike in a service when its length has created a situation that is akin to an emergency for the whole part of the population.
4. 288. The military authorities indicate that certain civil servants were suspended or dismissed not for exercising their rights lawfully, but for their involvement in the so-called CDM movement committing offenses such as neglecting their duties, abandoning the workplace, violating the civil servant rules relating working hours and absence without leave. In accordance with the Civil Service Personnel Law and Rules, Departmental Enquiry was undertaken and those found guilty received the appropriate disciplinary measures, while those proven innocent were reinstated in their respective departments. If the civil servants are dissatisfied with the penalty or disciplinary measures, they can lodge appeals in accordance with the Civil Service Personnel Law and Rules.
5. 289. The military authorities add in this respect that according to the Ministry of Education, 119,615civil servants were dismissed for absence without leave, without sufficient reasons under Civil Service Personnel Law. 7,904 civil servants were reinstated in their positions following their appeals. As of November 2023, a total of 6,120 healthcare personnel were reinstated and the Ministry of Health has been also taking care of those who face legal charges in collaboration with relevant heads of department, local administrative departments and prosecution organizations in their proceedings.
6. 290. The military authorities recall that civil servants have the right to submit, defend and appeal in respect of imposed disciplinary penalty for failure to observe code of conduct, breaching disciplines and failure to perform duty in accordance with the Civil Service Personnel Law.
7. 291. Myanmar further provides additional information for the following individuals:
   • (a) On 3 March 2021, Daw Myo Myo Aye was charged with (FIR) 62/2021 at Shwe Pyi Thar Township Police Station under section 505(A) of the Penal Code. She was arrested on 15 April 2021 and her case was sent to the Court. Then, with the order No. (147/2021) of the State Administration Council, the case was closed and she was released on 18 October 2021.
   • (b) On 14 March 2021, a group of approximately 200 rioters attacked the administration office located in Bayin Naung Road, Ward No. 6, Shwe Pyi Thar Township with swords, staves and Molotov cocktails and setting fire as they carried out riotous violence. The security forces took necessary measures. Among the crowd, Zaw Zaw Htwe, 21 years old, SUNTIME JCK Co., Ltd worker was injured and died. A death report (No.15/2021) was filed at Shwe Pyi Thar Police Station and forwarded it to Shwe Pyi Thar Township Court. The Court issued an order on 18 March 2022 stating that the death happened due to riot control measures taken in accordance with section 76 of the Penal Code.
   • (c) Myanmar Industrial Craft and Service Trade Unions Federation (MICS–TUsf) Secretary-General Thet Hnin Aung was arrested at the Joint Checkpoint in Paund Township, Mon State on 15 June 2021. It was revealed that he received the financial assistance from Khin Kyaw, Chief of so-called UNRA armed group and transported 12 trainees to attend the PDF (People’s Defence Force) terrorist training in KNU Brigade 5 area. He was charged under section 17(1) of the Unlawful Associations Act. On 5 December 2022, Thet Hnin Aung was sentenced to two years imprisonment and imposed fine of (20,000) Kyats. Thet Hnin Aung was released on 23 March 2023 after completing his sentence. It was further verified that Thet Hnin Aung sent 4 friends and 11 young people to attend the PDF terrorist training school near War Mee Koe village located in KNU Brigade 5 area. Moreover, it was also found out that Thet Hnin Aung took the lead in the riots in Mandalay with inciting text. For those reasons, he was charged under section 52(a) of the Anti-Terrorism Law and section 505-A of the Penal Code, and on 15 November 2023, Thet Hnin Aung was sentenced to serve 7 years imprisonment for both cases for his involvement in unlawful activities, in accordance with the law.
8. 292. Subsequently, in a communication received on 27 May 2024, the Permanent Mission in Geneva transmitted additional information in reply to the ITUC additional allegations wherein it asserts that the military authorities only facilitate applications to dissolve labour organizations upon request from respective labour organization executive committees and action plans have been set up to ensure to freely organize labour organizations across the country. In addition to previous information provided on the number of labour organizations in the country, two newly formed basic garment labour organizations were issued certificates in 2024.
9. 293. As regards the allegation that the military transferred personal information of workers attempting to form an organization to the employer and that they were later dismissed, the military authorities state that as no meaningful facts such as the name of the factory, and date, were provided, they are not in a position to respond. As regards the allegations related to military enrolment by factory management, it is stated that the these allegations were based on fake news disseminated by media in exile aimed at discrediting them Government and creating unnecessary concerns among the public and workers in industrial zones following the enactment of the People’s Military Service Law and that no such inspection was carried out in the industrial zone on that day.
10. 294. On 24 February 2024, the Spokesperson of the Information Team announced that anyone who has the knowledge of forced recruitment can file a complaint with the Central Body and the 1st batch of training is composed only of volunteers, thus there are no Bengali recruits.
11. 295. Finally, iIt is recalled that the 2011 Labour Organization Law sets out the framework for workers exercise of freedom of association and the Settlement of Labour Disputes Law requires the setting up of Workplace Coordinating Committees (WCCs) for resolving labour disputes. Interest disputes that cannot be resolved by WCCs are submitted to Township Conciliation Bodies, Arbitration Bodies and the tripartite Arbitration Council.
12. 296. In a communication received on 29 May 2024, the military authorities refer to the allegations concerning forced labour and the provisions of the Forced Labour Convention. The military authorities state that the People’s Military Service Law was enacted bearing this Convention in mind. They contest the allegations as inaccurate and primarily based on assertions from anti-government organizations. These claims are aimed at tarnishing the reputation of the Tatmadaw and should be considered as unsubstantiated allegations. If any violations occurred, actions would be taken against perpetrators regardless of their ranks in accordance with the laws.

D. The Committee’s conclusions

1. 297. The Committee recalls that the serious allegations in this case concern continuing attacks by the military authorities against trade unionists, workers and civil servants calling for the return to civilian rule following the coup d’état in Myanmar on 1 February 2021. The grave allegations include killing, torture and other acts of brutality against trade unionists and workers who have participated in the CDM. This case concerns further serious allegations of numerous arrests, imprisonment and detention of workers and trade unionists for their participation in peaceful protests and acts of intimidation and threats by the security forces and military authorities against protesting workers and civil servants to ensure their return to work and to renounce their participation in the CDM, including through dismissals, suspensions, use of striker replacements and withdrawal of benefits.
2. 298. The Committee takes note of the report of the Commission of Inquiry (Towards Freedom and Dignity in Myanmar) appointed by the Governing Body to examine allegations of non-observance by Myanmar of Convention No. 87, among other Conventions, which was adopted on 4 August 2023. The report highlights the crucial link of its recommendations concerning Convention No. 87 with the broader mandate of the ILO stating that "“the Commission considers that freedom of association lies at the heart of democracy and the rule of law and is a prerequisite for social dialogue, collective bargaining and tripartite cooperation”. The Committee notes that many matters in the present case were examined by the Commission of Inquiry, which after a detailed examination confirmed a number of the deep concerns raised by the Committee in the present case. In this respect, the Committee observes with great concern the Commission’s findings and takes due note of the Commission’s recommendations relevant to the matters addressed in the case before it, namely, the call on the military authorities to immediately cease all forms of violence, including gender-based violence, torture and other inhumane treatment against trade union leaders and members and other persons in relation to the exercise of legitimate workers’ or employers’ activities, including in particular, violence perpetrated in the context of the suppression of peaceful public protests and demonstrations, at the time of arrests, during detention, as well as military attacks against civilian infrastructure, which all together create a climate of violence and terror that undermines the effective exercise of freedom of association. As regards legislative matters, the Commission called on the military to revoke all military orders or other measures, decreed since February 2021 and identified as restricting freedom of association and the basic civil liberties of trade unionists and revoke the withdrawal of citizenship and return travel documents to the trade union leaders and members concerned without delay. Finally, the Commission called for an end to all forms of interference in the establishment, administration and functioning of trade unions at all levels, including interference in the election of trade union leadership, labour dispute resolution, conduct of collective action and administrative dissolution or suspension of trade unions.
3. 299. The Committee notes with deep concern the latest information provided by the complainants in its April 2024 communication concerning continuing attacks by the military authorities, including: intimidation and threats against trade unionists, workers and civil servants to ensure their return to work and to renounce their participation in the Civil Disobedience Movement, suspension from posts and use of striker replacements, withdrawal of benefits and professional competency certificates, police lists of workers and trade unionists for arrest, imprisonment and detention and numerous deaths following interventions by the military and police forces in peaceful protests, including the killing of union leaders. The complainants affirm that the basic civil liberties essential to the exercise of freedom of association have not been restored and trade unionists who were arbitrarily arrested and detained remain in prison, while more workers have been arrested under various criminal laws for acts related to their legitimate trade union activity.
4. 300. The ITUC further draws attention to attacks against the main trade union movement through notification No. 161 issued by the military-led State Administration Council (SAC) on 20 August 2023 to establish a steering committee to respond to the ILO Commission of Inquiry on Myanmar which includes specifically to coordinate actions “against organizations such as CTUM (Confederation of Trade Unions Myanmar) that is inciting international to give pressures on Myanmar and to stage demonstrations by using ILO platform”. The Committee must express the deepest concern at any measure aimed at retaliating against the CTUM for its use of the ILO constitutionally based supervisory machinery and recalls that the International Labour Conference has pointed out that the right of assembly, freedom of opinion and expression and, in particular, freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers, constitute civil liberties which are essential for the normal exercise of trade union rights (resolution concerning trade union rights and their relation to civil liberties, adopted at the 54th Session, 1970 [Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, paragraph 77)]. The Committee further recalls the Governing Body decision taking note of the report of the Commission of Inquiry and similarly urges the military authorities to desist from any and all acts of retaliation against any individual or organization which provided information to the Commission of Inquiry or continues to engage in the ILO procedures ensuring follow-up to the Commission’s recommendations.
5. 301. As regards the sentencing and imprisonment of trade union leaders, the ITUC refers in particular to the new sentence handed down by South Dagon Military Tribunal of seven years imprisonment with hard labour to the General Secretary of the Myanmar Industry, Crafts and Services Trade Union Federation (MICS–TUsF), Thet Hnin Aung after his re-arrest from lnsein Prison on 23 June 2023. The Committee notes the information concerning two of the scores of unionists previously alleged to have been arrested provided by the military authorities. According to the military, Daw Myo Myo Aye was released in October 2021. As for Thet Hnin Aung, the military authorities state that he was arrested at the Joint Checkpoint in Paund Township, Mon State on 15 June 2021 where it was revealed that he received the financial assistance from Khin Kyaw, Chief of so-called UNRA armed group and transported 12 trainees to attend the PDF terrorist training. He was charged under section 17(1) of the Unlawful Associations Act and sentenced to two years imprisonment and imposed a fine of 20,000 kyats on 5 December 2022. After his release on 23 March 2023, the military authorities state that it was further verified that he had sent 4 friends and 11 young people to attend another PDF terrorist training school and that he took the lead in the riots in Mandalay with inciting text. He was therefore charged under section 52(a) of the Anti-Terrorism Law and section 505-A of the Penal Code, and on 15 November 2023, sentenced to serve 7 years imprisonment for his involvement in unlawful activities, in accordance with the law.
6. 302. The Committee must recall the deep concern it had expressed in its previous examination of this case in relation to section 505-A of the Penal Code which was amended by the military authorities in a manner containing broad language permitting threat and sanction against anyone who criticizes the military action and therefore called for its repeal. The Committee notes that, in his first trial, Thet Hnin Aung was charged under the Unlawful Associations Act and on the second instance, for actions similarly described by the Government, he was charged under the Anti-Terrorism Law and section 505-A of the Penal Code before a military tribunal in a trial that has been described as devoid of due process. The Committee deeply deplores the circumstances of his trial and the absence of judicial decisions concerning the precise nature of his condemnation. It recalls its previous recommendation that steps be taken without delay to ensure the immediate release of trade unionists and workers arrested or detained for action in relation to the restoration of their trade union rights and democracy in the country, as well as the ILO Governing Body’s call on the military authorities to ensure the release of Thet Hnin Aung, and requests to be informed of all steps taken to this end and a copy of the judgment against Thet Hnin Aung.
7. 303. The Committee notes the complainant’s further allegations that those who have committed serious crimes against trade unionists, including sexual violence, torture or murder, have faced no consequences of any kind, while trade unionists who were forced into hiding or exile with their passports or citizenship voided remain so today. Moreover, the situation has not changed for trade union organizations at all levels which were dissolved, often replaced with employer-dominated unions or workplace committees that do not genuinely represent the workers’ interests.
8. 304. As regards the killing of trade unionists and worker activists, the Committee deeply regrets that the military authorities have not provided detailed information in relation to these serious allegations other than the information in one out of over two dozen killings alleged when it last examined this case (see 397th Report, para 560) and in that case (Zaw Zaw Htwe) merely indicating that she was among a group of rioters and that the Court issued an order on 18 March 2022 stating that the death happened due to riot control measures taken in accordance with section 76 of the Penal Code. The Committee must emphasize in the strongest of terms that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected [see Compilation, para. 84]. The Committee once again urges the responsible military authorities to cease immediately the ongoing use of violence against workers and trade unionists participating in peaceful protesters and to have independent investigations carried out into the allegations of violence against them workers and trade unionists with a view to determining responsibilities and punishing the perpetrators. The Committee requests detailed information on the steps taken in this regard and the outcome of the investigations. The Committee, further noting the issue of revocation of citizenship of trade unionists raised in the conclusions of the Committee on the Application of Standards and the Commission of Inquiry recommendations, calls on the military authorities to reinstate citizenship to the trade unionists and workers concerned and to indicate the steps taken in this regard.
9. 305. The Committee further regrets that the military authorities have not provided any information in relation to its previous recommendations to amend or revoke legislative amendments and decrees issues by them that were identified as in violation of freedom of association. The Committee must therefore once again firmly urge the repeal and amendment of section 505-A of the Penal Code, section 124 of the Criminal Code, section 38(c) of the Electronic Transaction Act (ETA), the withdrawal of the surveillance powers that were restored to the wards and villages under the amended Ward or Village-tract Administration Law and the withdrawal of the declaration of the trade unions declared as unlawful so as to ensure full respect for the basic civil liberties necessary for the exercise of freedom of association 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.
10. 306. The Committee takes due note of the complainant’s general conclusion that workers in Myanmar have no meaningful ability to exercise their right to associate and organize in law or in practice. The legislation and orders promulgated by the military-led SAC remain effective while more townships have been put under the state of emergency. The country’s industrial zones, which produce goods for well-known brands worldwide, remain under martial law and the complainant provides examples of situations where workers in such a coercive environment are unable to exercise their freedom of association rights, including civil liberties. Trade unionists, students, activists, as well as civil servants, railway, garment and health workers who have been dismissed, blacklisted or driven out of their dormitories for taking part in the strikes, are fleeing the country. The ITUC further refers to general and rampant measures of forced recruitment in the military through the People’s Military Service Law.
11. 307. As regards the allegations of retaliation and penalties for civil servants not returning to work, the Committee notes the military authorities’ reiteration that the CDM movement called on all workers including public servants and those in essential public services to stop their services. In accordance with the Civil Service Personnel Law and Rules, Departmental Enquiry was undertaken and those found guilty received the appropriate disciplinary measures, while those proven innocent were reinstated in their respective departments. If the civil servants are dissatisfied with the penalty or disciplinary measures, they can lodge appeals in accordance with the Civil Service Personnel Law and Rules. The military authorities add in this respect that according to the Ministry of Education, out of the 119,615 civil servants dismissed for absence without leave, without sufficient reasons, 7,904 civil servants were reinstated in their positions following their appeals. As of November 2023, a total of 6,120 healthcare personnel were reinstated and the Ministry of Health has been also taking care of those who face legal charges in collaboration with relevant heads of department, local administrative departments and prosecution organizations in their proceedings.
12. 308. As regards the retaliatory measures against civil servants for their engagement in the CDM, the Committee recalls its conclusions from its previous examination that, for the contribution of trade unions and employers’ organizations to be properly useful and credible, they must be able to carry out their activities in a climate of freedom and security. This implies that, insofar as they may consider that they do not have the basic freedom to fulfil their mission directly, trade unions and employers’ organizations would be justified in demanding that these freedoms and the right to exercise them be recognized and that these demands be considered as coming within the scope of legitimate trade union activities [see Compilation, para. 75]. The Committee takes due note of the information provided of the number of civil servants that have been reinstated in their positions and calls on the responsible authorities to continue to take steps to ensure the reinstatement of all remaining civil servants, healthcare workers and teachers dismissed or suspended for their participation in the CDM and to restore any benefits that may have been withdrawn.
13. 309. Taking due note of the latest allegations relating to an overall climate in which it is not possible to exercise freedom of association and noting that the Government military authorities hasve not provided any information in relation to the remaining recommendation to ensure a climate for the full exercise of freedom of association for all workers in the public and private sectors other than to refer to the framework provided by the Labour Organization Law and the Settlement of Labour Disputes Law, the Committee once again calls on Myanmar to take the appropriate steps in this regard and to keep it informed of the specific measures taken.
14. 310. In conclusion, the Committee deplores the continuing steps taken to suppress trade union rights since its last examination of the case and the prolongation and expansion of the state of emergency, which have led to a complete denial of any possible protection of the civil liberties necessary for workers and employers to be able to carry out their trade union activities in a climate of complete freedom and security. The Committee urges the military authorities to fully recognize the critical importance of ensuring these rights and freedoms to the workers and employers of the country as a necessary prerequisite for the restoration of democracy and the exercise of trade union activities and to take all necessary steps to create a climate where freedom of association can be fully and meaningfully restored in Myanmar.