GB.350/INS/11(Rev.1)/Decision

Decision concerning the follow-up to the report of the Commission of Inquiry established in accordance with article 26 of the ILO Constitution concerning the non-observance by Myanmar of Conventions Nos 87 and 29, and to the resolutions concerning Myanmar adopted by the International Labour Conference at its 102nd (2013) and 109th (2021) Sessions

Record of decisions | 12 March 2024
In light of the resolution for a return to democracy and respect for fundamental rights in Myanmar adopted by the International Labour Conference at its 109th Session (2021), the recommendations of the Commission of Inquiry in its 2023 report and the urgency of the national situation, the Governing Body:

a) deplored once again the continued absence of progress towards respecting the will of the people, democratic institutions and processes, and the fact that, over three years since the military coup, the democratically elected government had yet to be restored;

b) once again called on the military authorities to end immediately all acts of violence, and the arbitrary arrest, detention and torture of trade unionists, labour activists and others, including the Rohingya, in the exercise of their human rights;

c) deplored the sentencing once again of the General Secretary of the Myanmar Industry, Crafts and Services Trade Union Federation (MICS–TUF) to seven years’ imprisonment in November 2023, and found itself obliged to call once again for his immediate release and that of all other trade unionists and activists who have been detained;

d) repeated its call for Myanmar to ensure that workers’ and employers’ organizations are able to exercise their rights in a climate of freedom and security, free from violence, arbitrary arrest and detention, by means of the full implementation of the recommendations of the Commission of Inquiry, which include the revocation of any military orders, legislative or other measures, decreed since February 2021 and identified as restricting freedom of association and the basic civil liberties of trade unionists;

e) repeated its profound concern over the conclusions of the Commission’s report concerning the exaction of forced labour by the military authorities and called for the immediate implementation of its recommendations, in particular to end, in law and in practice, any forced recruitment into the military contrary to Convention No. 29, including the forced recruitment of children;

f) called on the military authorities, in accordance with the provisions of the Convention on the Privileges and Immunities of the Specialized Agencies of 21 November 1947, to take immediate action to remove all restrictions on the operation of the ILO’s bank account, approve international staff visa extensions and facilitate the ILO’s continued operations to bring benefits to the people of Myanmar despite the expiry of the Memorandum of Understanding on the Decent Work Country Programme in September 2022;

g) requested the Director-General to take action within the framework of the UN system to ensure that the Commission’s recommendations are widely known, acted upon within each body’s respective mandates and to report all developments to the Governing Body;

h) in the event the military authorities do not demonstrate their commitment to the recommendations through their full implementation, requested the Director-General to submit to the Governing Body at its 351st and 352nd Sessions (June and October–November 2024) a document
assessing developments and considering further steps to secure compliance by Myanmar with the recommendations of the Commission of Inquiry, including article 33 of the ILO Constitution, taking account of the views expressed.

(GB.350/INS/11(Rev.1), paragraph 58)