Burma (Myanmar) is arguably one of the most oppressive and egregious abuses of labor rights in the late 20th century. Despite the fact that it has ratified ILO Convention 87 (Freedom of Association) and ILO Convention 29 (Forced Labor), it systematically violates these conventions on a daily basis. In 1989, the U.S. Government suspended Burma from eligibility for trade concessions under the Generalized System of Preferences Program (GSP) because of its violation of labor rights.

The U.S. State Department annual human rights report for 1998 found that freedom of association was severely limited. It noted that:

"The Government restricts freedom of association. Aside from officially sanctioned organizations like the USDA, the right of association existed only for organizations, including trade associations and professional bodies, permitted by law and duly registered with the Government, such as the Myanmar Women's Entrepreneur Association….Free trade unions do not exist, and even former government-controlled ones were dormant. Because of its longstanding violation of ILO Convention 87 on Freedom of Association, Burma was cited for continued failure to implement the convention by the June 1998 ILO Conference. The Conference criticized the lack of progress and the absence of cooperation on the part of the Government."

SLORC Order 2/88, issued in 1988 and still in effect, states clearly that:

"(b) Gathering, walking, marching in processions, chanting slogans, delivering speeches, agitating, and creating disturbances on the streets by a group of five or more people is banned regardless of whether the act is with the intention of creating disturbances or of committing a crime or not."

Order 2/88 is often supplemented by use of the Unlawful Associations Act which provides for detention up to three years for any person who is found to be a member of an unlawful organization. (1)Among the ways an organization can be found to be unlawful is if it is one which "has been declared to be unlawful by the President or the Union under the powers hereby conferred", giving the SPDC the widest possible latitude to declare unlawful any organization it finds to be inconvenient. The natural result, as the US State Department found in its report, is

" Workers do not have the right to organize and bargain collectively to set wages and benefits ."

The SLORC/SPDC's horrendous record on forced labor is well known to many labor activists around the world. The SPDC military junta is, quite simply, worst abuser of forced labor on the planet at this time, and the ILO has taken clear cognizance of that fact. In March 1997, the European Union suspended Burma indefinitely from its GSP program because of its continued and systematic use of forced labor in virtually all aspects of the economy.

The US State Department human rights report found that:

"Forced or compulsory labor remains a serious problem. At widespread locations throughout the country, international observers have confirmed that the Government routinely coerces forced labor by citizens for local projects...From 1992 to 1996, the Government supplemented declining gross investment with a significant increase in uncompensated citizen "contributions," chiefly of forced labor, to build or maintain irrigation, transportation, and tourism infrastructure projects…the use of forced labor remains widespread."

After years of condemnation of Burma's forced labor record, the ILO finally agreed in July 1997 to set up an official ILO Commission of Inquiry under article 26 of the ILO Constitution. After months of intensive study, fact finding and interviews, the ILO Commission of Inquiry made a strong set of conclusions which stated:

"There is abundant evidence before the Commission showing the pervasive use of forced labor imposed on the civilian population throughout Myanmar by the authorities…In actual practice, the manifold exactions of forced labor often give rise to the extortion of money in exchange for temporary alleviation of the burden, but also to threats to the life and security and extrajudicial punishment of those unwilling, slow or unable to comply with a demand for forced labor; such punishment or reprisals range from the money demands to physical abuse, beatings, torture, rape, and murder…Forced labor is widely performed by women, children, and elderly persons as well as persons otherwise unfit for work…All the information and evidence before the Commission shows utter disregard by the authorities for the safety and health as well as the basic needs of the people performing forced or compulsory labor…Porters, including women, are often sent ahead in particularly dangerous situations as in suspected minefields, and many are killed or injured in this way…Forced laborers, including those sick and injured, are frequently beaten or otherwise physically abused by soldiers, resulting in serious injuries; some are killed; and women performing compulsory labor are raped or otherwise sexually abuses by soldiers." (2)

The Commission made a number of recommendations for the SPDC to bring their laws and practice into compliance with ILO Convention no. 29. Unfortunately, the SPDC failed to implement those recommendations. As a result, during its annual conference in June 1999, the ILO passed a resolution that found the attitude and behavior of the government of Burma (Myanmar) "are grossly incompatible with the conditions and principles governing membership in the organization." The resolution continued that "the Government of Myanmar (Burma) should henceforth cease to benefit from any technical cooperation or assistance from the ILO" and "should henceforth not receive any invitation to attend meetings, symposia, and seminars organized by the ILO, until such time as it has implemented the conclusions of the Commission of Inquiry."

source: AFL-CIO Solidarity Center, Thailand, January 2001

Notes
(1) Article 17.1 of the Unlawful Associations Act states "Whoever is a member of an unlawful association or takes part in meetings or any such association or contributes or receives or solicits contributions for any such association, or in any way assists the operations of any such association, shall be punished with imprisonment for a term of not less than two years or more than three years."

(2) In the U.S., where apparel imports from Burma have risen by 272% since 1995, the Free Burma Coalition and other national groups have launched a legislative and grassroots campaign to ban apparel imports from Burma. For more information see www.freeburmacoalition.org