Ministry of Labour issued a press statement that Myanmar strongly objects to the decision of the International Labour Organization (ILO) Governing Body to establish a Commission of Inquiry against Myanmar on the accusation in which Myanmar did not follow the non-observance of the Freedom of Association and Protection of the Right to Organize Convention, and the Forced Labour Convention according to the report of the ILO Director-General on Developments in Myanmar.
Press Statement
The Ministry of Labour observed that the 344th Session of the Governing Body of the International Labour Organization (ILO), which was held from 14 to 26 March 2022 in Geneva, adopted a decision to establish a Commission of Inquiry (COI), accusing Myanmar of non-observance of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) and the Forced Labour Convention, 1930 (No. 29). The decision was reached upon the report of the ILO Director-General on Developments in Myanmar, which includes highly politicized elements, unfounded allegations and matters which fall within the domestic jurisdiction of Myanmar.
In the draft report, it was mentioned that an individual was tortured to death. In fact, the afore-said person was detained for supporting and funding illegal activities. Some individuals were also mentioned as migration advocates though they were arrested for occupying arms and ammunition. Although some points in the draft report were amended later, the decision to establish a Commission of Inquiry based on such incorrect information remains unchanged.
Being a state party to the Freedom of Association and Protection of the Right to Organize Convention (No 87), no one has been arrested or mistreated for exercising their rights peacefully or representing trade unions. There are 2,886 Basic Labour Organizations, 162 Township Labour Organizations, 26 Region or State Labour Organizations, 9 Labour Federations, 1 Labour Confederation, 1 Basic Employer Organization, 1 Township Employer Organization and 1 Employer Confederation, totalling over 3,000 Workers and Employers Organizations, which are registered under the Labour Organization Law 2011.
These organizations are composed of more than 190,000 members of workers who have been enjoying fundamental labour rights not only by law but in practice well. Therefore, it is irrelevant to generalize that Myanmar is not upholding its obligations under Convention 87 only because of taking legal actions against a handful number of individuals for their unlawful acts.
Moreover, in order to eradicate forced labour, the Government of Myanmar has been coordinating with the ILO Liaison Officer following the MoU between Myanmar and ILO in 2002. The Supplementary Understanding with ILO was signed for the establishment of the Complaint Mechanism in 2007 and was extended annually until 31 December 2018. The National Complaint Mechanism (NCM) on Eliminating Forced Labour of Myanmar was established on 3 February 2020 in accordance with the MoU on Decent Work Country Programme (2018-2021), which was signed between Myanmar and ILO on 21 September 2018. Accordingly, the complaints regarding the use of forced labour are being received and addressed by the National Complaint Mechanism. No complaint in connection with non-compliance with Convention No. 29 was filed as per the ILO Constitution.
While the Governing Body of the ILO has reached the decision to establish a Commission of Inquiry, Myanmar’s participation at the Governing Body Sessions and the International Labour Conference has been denied since June 2021. Such a unilateral decision against Myanmar in the absence of the country concerned goes contrary to the ILO Constitution and due process.
In light of the above-mentioned reasons, Myanmar strongly objects to the sweeping and unfounded accusations mentioned in the report of the ILO Director-General on Myanmar and the decision of the ILO Governing Body to establish a Commission of Inquiry against Myanmar.
Ministry of Labour
4 April 2022
- The report of the ILO Director-General on Developments in Myanmar includes highly politicized elements, unfounded allegations and matters which fall within the domestic jurisdiction of Myanmar.
- It is irrelevant to generalize that Myanmar is not upholding its obligations under Convention 87 only because of taking legal actions against a handful number of individuals for their unlawful acts.
- While the Governing Body of the ILO has reached the decision to establish a Commission of Inquiry, Myanmar’s participation at the Governing Body Sessions and the International Labour Conference has been denied since June 2021. Such a unilateral decision against Myanmar in the absence of the country concerned goes contrary to the ILO Constitution and due process.
- Myanmar strongly objects to the sweeping and unfounded accusations mentioned in the report of the ILO Director-General on Myanmar and the decision of the ILO Governing Body to establish a Commission of Inquiry against Myanmar.