Country Rating: 4

  • Systematic violation of rights

  • Workers in countries with the rating of 4 have reported systematic violations. The government and/or companies are engaged in serious efforts to crush the collective voice of workers, putting fundamental rights under continuous threat.

The Myanmar Maritime Trade Unions (MMTU) has not been registered for more than one year by the Labour Department. Other unions in the same sector have been registered suggesting that the government favours certain unions over others. MMTU reports the lack of accessibility to information concerning collective agreements and working contracts for seafarers. Violations of the right to collective representation have led to abusive precarious relationships enforced by recruitment agencies on workers.

The Labour Organization Law was adopted by the Parliament on 16 September 2011 and signed and enacted by the President on 11 October 2011. The new law provides for the repeal of the 1926 Trade Union Act and contains provisions on the establishment of labour organisations, their functions and duties, rights and responsibilities, including the right to strike. However, other legislation hindering the right to freedom of association is still in force. (2) Act No. 15 on the right to peaceful assembly and peaceful procession, which sets out the requirements for requesting a permit to carry out a peaceful procession, was adopted. The Act appears to leave the granting of permission up to the discretionary decision of the authority responsible, does not refer to a right to peaceful demonstration and does not allow appeal to the courts against a denial. In this regard, to the extent to which this Act would cover demonstrations called by workers' or employers' organisations with respect to general economic and social policy of the Government, the restrictions should not be unreasonable nor barred from appeal to an independent judiciary. In addition, certain provisions of the Act restrict in a broad manner the speech or actions of demonstrators, which could give rise to an application in practice that is contrary to the Convention 87.

The Labour Organization Law of 2011 (Art. 44) provides that the employer shall not dismiss a worker for his membership in a labour organisation for the exercise of organisational activities or participating in a strike in accord with this Law. However, it says nothing on transfers, blacklisting, downgrading, harassment etc.

The 1988 Order 6/88, known as the Law on the Formation of Associations and Organisations, states that all "organisations shall apply for permission to exist to the Ministry of Home and Religious Affairs". The definition of "organisation" in the Order is extremely detailed and sweeping. Penalties provided in the Order for punishing violations are particularly harsh and may entail imprisonment of up to five years. The Government stated that currently this law does not apply to workers' organisations.

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