Burma - 2012
Capital: Naypyidaw (Pyinmana)

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike . The government initiated a political dialogue with Daw Aung San Suu Kyi (ASSK), which is ongoing. The government released some political prisoners, though the many trade union activists and leaders of the “88-Generation” remained behind bars. However, the constitution remains deeply flawed and the parliament continues to be dominated by current and former military personnel. Despite the establishment of an ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights Commission of Inquiry in 1998, forced labour (including the conscription and use of child soldiers) remains widespread. The government has utterly failed to rein in the army, which is responsible for most of the forced labour, or ensure that those responsible are prosecuted and face appropriate criminal penalties if convicted.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948)
reported violations - 2012
Background
The year in Burma was one of hope for democratic reform and national reconciliation tempered with the realities of the government’s continued offensives against ethnic nationality groups, and systematic and pervasive human rights abuses. On 31 January, Burma’s bicameral parliament convened for the first time in 22 years. However the parliament is dominated by former military officials who resigned and ran as members of the Union Solidarity and Development Party. In addition, military appointees comprise 25% of all seats in parliament. Between the seats reserved for the military and former military elected as USDP members, the military controls 80% of all parliamentary seats.
During the year, the government released some political prisoners; however, a large number of political prisoners remained in jail. The laws and judicial system that imprisoned them in the first place have not been changed. Moreover, the military has continued brutal attacks on ethnic communities in Kachin and Shan states and the underlying causes of the long-running armed conflicts have not been addressed. Serious human rights abuses continue throughout the country, with little accountability for those committing these crimes. Reform of the judicial system to ensure independence from military or political interference has not been addressed.
On 17 November, ASEAN leaders named Burma the rotating ASEAN Chair for 2014. On 18 November, the National League for Democracy unanimously voted to re-register as a political party and will field candidates for seats in parliament. End November, US Secretary of State Hillary Clinton visited Burma and provided the government with limited incentives to encourage further reforms. However, Clinton was unequivocal in her statements that the government had to initiate further reforms if the US was to consider the lifting of sanctions. Key to the lifting of sanctions was an end to ethnic conflict, the release of all political prisoners, an end to ties with North Korea, and the creation of strong democratic institutions.
On 23 May, UN Special Rapporteur on human rights in Burma Tomás Ojea Quintana said that government armed forces continued to commit “widespread” human rights abuses, including land confiscation, forced labour, internal displacement, extrajudicial killings, and sexual violence. As the year ended, government forces continued offensives and human rights abuses in Kachin State and Northern Shan State. On 12 October, the government released over 200 political prisoners. Among those released were seven trade unionists and one labour activist. In addition, the government lifted restrictions on press censorship and enacted laws to allow for peaceful protests.
On 22 August, the US dollar exchange rate price fell to a record low of 680 kyat further hurting Burma’s export industry. The strong kyat has left Burmese garment factories in crisis causing some factories to be shut down and others to lay off workers and reduce operations. Officials of the Union of Myanmar Federation of Chambers of Commerce and Industry (UMFCCI) and the owners of factories in Rangoon industrial zones threatened to request the government to taken action under “The State Emergency Act” against competing factory owners who offered higher wages to attract employees and thereby causing unrest among the workers at the lower-paying factories. Thousands of construction workers in Burma’s capital, Naypyidaw, lost their jobs due to the regime’s suspension of numerous projects. Suspension of the projects has come with allegations that many workers have been unpaid for more than three months.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948)
Capital: Naypyidaw (Pyinmana)

reported violations- 2012
Trade union rights in law
A new Labour Organisations Law was adopted by the government on 2011, which 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
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. However, the new Law is not fully in line with ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
standards and it is still limited by previous military orders and decrees.. While now a union can be formed with 30 workers of the relevant trade or activity, it is still conditioned on not being “contrary to the laws enacted for Union security, prevalence of law and order, community peace and tranquillity, or public order and morality”. Also, legislation requiring all organisations to obtain permission to exist from the Ministry of Home and Religious Affairs is still in force, and the single trade union system in place. In addition, Order 2/88, which bans any activity of five persons or more, such as gathering or marching in procession, and further stipulates that blocking roads, demonstrating en masse, and interfering with people carrying out security duties are prohibited, was not repealed.
The right to collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
is not recognised, and industrial disputes continue to be covered by the Trade Disputes Act, which includes a number of provisions that are not in conformity with international ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
standards. The penalties for disregarding these laws are extensive and may entail imprisonment of up to five years.
The right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
has been recognised. However, trade unions can exercise strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action only following the approval from “the relevant labour federation”. Furthermore, strikes in the water, electricity, fire, health and communication services are illegal and other services may as well be added to this list.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution but strictly regulated.
- >The right to freedom of association is recognized by law but strictly regulated.
Article 24 of the Constitution states that "necessary laws to protect the rights of workers" shall be enacted, but is silent on what the content of those laws will be. The right to form associations and organisations, raised in Article 354, is explicitly conditioned on not being "contrary to the laws enacted for Union security, prevalence of law and order, community peace and tranquillity, or public order and morality." Military orders and decrees further limit freedom of association. Order 2/88 on the Organisation for Building Law and Order in the State, issued on 18 September 1988 by the military government, prohibits any activity by five persons or more, such as "gathering, walking or marching in procession … regardless of whether the act is with the intention of creating disturbances or of committing a crime or not." It also bans the opening of "strike centres regardless of whether or not the intent is to create disturbances or to commit crime". It adds that "no one is permitted to block roads or to demonstrate en masse" or "interfere or obstruct people carrying out security duties". Order 2/88 is further strengthened by the 1908 Unlawful Association Act which, under its Section 17.1, provides that "whoever is a member of an unlawful association, or takes part in meetings of or receives or solicits contributions for an association … shall be punished with imprisonment of not less than two years and not more than three years."
Restrictions
Legal barriers to the establishment of organizations:
- >Prior authorisation or approval by authorities required for the establishment of a union
- 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, and includes "an association, society, union, party, committee, federation, group of associations, front, club and similar organisation that is formed with a group of people for an objective or a programme either with or without a particular name." Penalties provided in the Order for punishing violations are particularly harsh and may entail imprisonment of up to five years.
- >Excessive representativity or minimum number of members required for the establishment of a union
- The 1926 Trade Union Act requires that 50% of workers must belong to a trade union for it to be legally recognised.
Restrictions on workers' right to form and join organizations of their own choosing:
- >Single trade union system imposed by law and/or a system banning or limiting organising at a certain level (enterprise, industry and/or sector, regional and/or territorial, national)
- The 1964 Law Defining the Fundamental Rights and Responsibilities of the People’s Workers establishes a compulsory system for the organisation and representation of workers. Although the Law was amended in 1976, it still imposes a single trade union system on Burmese workers.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is not protected in law.
Right to strike
Principles
Right to strike:
- >The right to strike is recognised by law but strictly regulated.
The 1929 Trade Disputes Act, amended in 1966, appears to define the means of resolving industrial disputes, and includes a number of provisions which are not in conformity with the ILO principles. These concern, for instance, the power of the President of the Union of Burma to refer trade disputes to Courts of Inquiry or to Industrial Courts, the definition of public utilities, the definition of a trade dispute and that of a strike, as well as the circumstances under which strikes can be held and the criminal sanctions facing workers who violate these provisions.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948)
Capital: Naypyidaw (Pyinmana)

reported violations - 2012
In practice
In 2011, the ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
Committee of Experts reported that it had received “extensive and detailed documentation referring to the persistence of widespread forced labour practices by civil and military authorities in almost all of the country’s states and divisions.” Subsequent reports from credible sources show that the widespread and systematic use of forced labour (including forced recruitment of child soldiers) continues apace in Burma. The military in particular continues to force villagers to perform portering, road construction, road-repair and military camp construction, fence building and road clearing. In some cases, villagers are also forced to cultivate rice and other crops on plantations for military use. In some areas, such as the Arakan state, the use of forced labour was reported to have actually increased in 2011.
Moreover, in many regions, people willing to present complaints are either threatened or discouraged from doing so.
In 2011, Human Rights Watch and the Karen Human Rights Group issued a lengthy report, Dead Men Walking: Convict Porters on the Front Lines in Eastern Burma, on the use of hundreds of convicts for forced porting by the military in, inter alia, northern Karen State. In interviews, prisoners reported being subjected to horrifying conditions. The military executed porters, inflicted physical abuse, failed to protect them from danger arising from military operations, and refused to care for the wounded or sick. Porters were denied food and water and forced to carry extremely heavy loads over hazardous terrain with minimal rest.
There are also continuing reports of forced child recruitment by the armed forces. Few have been punished, and those that have received administrative sanctions such as discipline or discharge from the army.
In 1998, the ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
Commission of Inquiry directed the government of Burma to take the necessary steps to ensure: 1) that the relevant legislative texts, in particular the Villages Act and the Towns Act, be brought into line with the Convention; 2) that in actual practice, no more forced or compulsory labour be imposed by the authorities, in particular the military, and 3) that the penalties which may be imposed under section 374 of the Penal Code for the exaction of forced or compulsory labour be strictly enforced, which required thorough investigation, prosecution and adequate punishment of those found guilty.
The ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
Report to the November 2011 Governing Body, “Developments concerning the question of the observance by the Government of Myanmar of the Forced Labour Convention, 1930 (No. 29)” demonstrates that while there have been some steps forward, Burma has yet to fulfill these requirements over a decade after the establishment of the Commission. Few military, public officials or civilians have faced meaningful sanctions, including criminal sentences, for committing forced labour.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948)
Capital: Naypyidaw (Pyinmana)

reported violations - 2012
Violations
On 16 February, about 200 workers from the South Korean-owned Lion City garment factory in Rangoon’s Insein Township went on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
calling for a salary increase and better working conditions. In response, police deployed about 15 riot police trucks to the area around the factory.
On 17 February, the workers called off their strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
after Lion City management agreed to a 5,000 kyat (USD5) monthly pay hike and more favourable working conditions.
In 2011, thousands of workers have undertaken numerous strikes out of utter desperation over extremely low wages and abysmal working conditions in apparel and footwear factories, most located in and around Rangoon. Reported strikes include those at CGI garment factories in South Dagon Township Industrial Zone No. 2, Taiyi shoe factory in Hlaing Tharyar Township Industrial Zone, Mya Fashion garment factory in Hlaing Tharyar Township Industrial Zone 3, New Way shoe factory in Hlaing Tharyar Township Industrial Zone 4 and PTK Company in Three Pagodas Pass.
Most workers are also hired as day labourers with no employment stability whatsoever. In many cases, riot police, police custody vans and fire trucks appear on the scene as soon as a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
starts in an effort to control and intimidate the workers. In some cases, workers have been told to disperse immediately or face a harsh crackdown from the central and/or township government.
In early February, about 700 workers at United World and Oscar garment factories in Shwepyithar Industrial Zone in Rangoon went on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
and successfully negotiated regular bonuses, an on-site medical clinic, sufficient water supplies and toilets, and better working conditions.
At the same time, about 70 Burmese labourers working for the Italian Thai Development Public Company Ltd. (ITD) on the construction of the Tavoy (Dawei) deep-sea port project went on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
to protest low wages and long working hours with no overtime or holiday pay. The workers also claimed that Burmese workers receive less pay and benefits than their Thai counterparts. On 3 March, about 1,500 workers from Grand Royal beverage factory, Super Garment and Kaunggyi Minglar textile factories in Rangoon’s Shwepithar Township went on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
to demand better wages, public holidays and overtime pay. The workers returned to their factories on 4 March after they reached a compromise with factory owners. On 8 March, about 1,700 workers at the Taiyi shoe factory in Hlaing Tharyar Industrial Zone in Rangoon went on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
to demand increased pay and better working conditions. Workers only earned USD 0.70 for a 12-hour day. Around 500 workers at the New Way shoe factory in Rangoon’s Hlaing Tharyar Township went on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
on 22 March after factory management rejected their demands for an increase in pay.
Sixty-five workers at the Korean owned Cap 1 Hat Factory in Hinthakon War in Pegu Division went on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
on 6 June and were able to successfully negotiate a settlement the following day. The workers’ main complaints involved restrictive bathroom breaks and abusive supervisors.
In September, more than 300 workers at the Esquire Shoe Factory in Hlaing Tharyar Industrial Zone No. 3 in Rangoon went on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
on 6 September for higher wages.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948)
Capital: Naypyidaw (Pyinmana)
