ILO 349GB - Report of the Commission of Inquiry concerning the non-observance by Myanmar of the Freedom of Association & Protection of the Right to Organise Convention & the Forced Labour Convention - EU Statement

ILO Governing Body, 349th session

30 October – 9 November 2023

Report of the Commission of Inquiry established in accordance with article 26 of the ILO Constitution concerning the non-observance by Myanmar of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Forced Labour Convention, 1930 (No. 29)

GB.349/INS/14

EU statement

Chair,

I have the honour to speak on behalf of the European Union and its Member States.

The Candidate Countries Albania*, the Republic of North Macedonia*, Moldova, Montenegro*, the potential candidate country Georgia, the EFTA countries Iceland and Norway, members of the European Economic Area, align themselves with this statement.

1. The EU and its Member States are committed to the respect, protection, and fulfilment of human rights, including labour rights. We promote universal ratification and effective implementation of fundamental ILO Conventions and support the ILO in developing and promoting international labour standards and supervising their application.
2. We welcome the report of the Commission of Inquiry, which regrettably documents far-reaching violations of the Freedom of Association and Protection of the Right to Organise Convention (No. 87), and the Forced Labour Convention, 1930 (No. 29), both of which Myanmar ratified in 1955.
3. We deplore that the Myanmar military denied the Commission's members to conduct an onsite visit to Myanmar. This is extremely regrettable considering that it marks the second such occurrence in ILO history, the first one being also linked to Myanmar in 1997.
4. We are deeply alarmed by the legislative promulgations and the action taken in practice by the military since the military coup of February 2021 that have curtailed basic civil liberties which are essential to the enjoyment of freedom of association.  
5. We condemn, in the strongest possible terms, reported incidents and violence against trade union leaders and members that involved killings, arbitrary arrests, sham trials and detentions, abuses, tortures, threats, intimidations, surveillance, house raids, public housing evictions, forced exile, deprivation of basic civil liberties and oppression at the workplace due to their trade union membership and activities. Of utmost concern is the compounded degrading treatment, including sexual violence, inflicted upon women trade unionists by the male-dominated security apparatus.
6. In addition to the curtailing of legitimate trade union activities, we are gravely concerned by the continuing systematic and widespread forced labour imposed on residents, including children, by the military to perform a range of military-related activities. We also deplore the exaction of forced labour from members of the Rohingya minority in Rakhine State, and of other ethnic or religious minorities, which had continued even after the ILO lifted its Art. 33 measures in 2012. 
7. The EU and its Member States condemn in the strongest terms these fundamental labour rights violations and join the Commission of Inquiry urging Myanmar military to immediately cease all forms of violence, torture, intimidation and other inhumane treatment against trade unionists, to end all forms of forced labour, and to immediately start working constructively on implementing of and replying to the Commission of Inquiry report to comply as soon as possible with all recommendations. We stand ready to further assess in detail and closely monitor the situation, including in the next Governing body in March 2024.
8. We note the release in September 2023 of labour rights defenders and workers who had been arbitrarily arrested for requesting an increase in wages. We call for the immediate release of all other trade unionists and labour rights defenders who have been detained for their activities in support of Myanmar workers. This includes Mr. Thet Hnin Aung, the General Secretary of the Myanmar Industry, Crafts, and Services Trade Union Federation.
9. The EU and its Member States commend the resilience of trade unions that persist in their activities despite operating under duress and in an exceedingly dangerous environment. We support the ILO in their call to stop any form of interference in the establishment, administration and functioning of trade unions at all levels.
10. We take note that the Myanmar military established a Steering Committee in response to ILO’s Commission of Inquiry. We however raise serious concern with some of the stated responsibilities of this Steering Committee, such as potentially taking action against certain trade union organisations that are provoking protests and international pressure against Myanmar military in ILO. We urge the Steering Committee to collaborate with the ILO and swiftly implement the Commission’s recommendations, while respecting ratified labour standards.
11. We support the amendment proposed by the Workers’ group.

Thank you, Chair.

[*Albania, the Republic of North Macedonia*, Montenegro* and Serbia* continue to be part of the Stabilisation and Association Process.]