Decision concerning the follow-up to the report of the Commission of Inquiry concerning Myanmar

Recalling 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), and noting with utmost concern the continued absence of any concrete action towards the implementation of the recommendations of the Commission of Inquiry in its 2023 report, which emphasized the urgency of the national situation, the Governing Body:

(a) as regards the 2021 resolution:

• (i) deplored once again the continued absence of progress towards respecting the will of the people, democratic institutions and processes, and the fact that, over four years since the military coup, the democratically elected government had yet to be restored;
• (ii) called once again 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 and ensure the immediate release of those detained;

(b) as regards the recommendations of the Commission of Inquiry:

• (i) called on Myanmar to immediately cease all violations identified by the Commission of Inquiry and to ensure that employers' and workers' organizations are able to exercise their rights in a climate of freedom and security, free from violence, arbitrary arrest and detention, and to revoke without delay 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;
• (ii) expressed once again its profound concern over the conclusions set out in the Commission's report concerning the exaction of forced labour by the military authorities and called for immediate action to be taken to put an end, in law and in practice, to any forced recruitment into the military contrary to the Forced Labour Convention, 1930 (No. 29), including the forced recruitment of children;

• (iii) requested the Director-General to:

  • continue to ensure that no technical cooperation or assistance to Myanmar takes place, except for the purpose of direct assistance to implement immediately the recommendations of the Commission of Inquiry or in accordance with the UN Country Team programmatic engagement guidelines;
  • reinforce the ILO's engagement, within the framework of the UN system, to ensure that the Commission's recommendations are acted upon within the respective mandate of each body and continue to inform the Governing Body in that respect;
  • continue to closely monitor the situation in Myanmar with regard to the exercise of freedom of association and the prohibition of forced or compulsory labour and submit to the Governing Body at its 355th Session (November 2025) a document providing an update on relevant developments in the country and progress made by Myanmar regarding compliance with the recommendations of the Commission of Inquiry;
  • consider sending an Office mission to review steps taken by the military authorities to implement the 11 recommendations of the Commission of Inquiry, explore their willingness to engage with the ILO to ensure the further implementation of these recommendations, and report thereon to the Conference for its consideration;
• (iv) recommended to the International Labour Conference to consider, taking into account the findings of a possible Office mission, the measures under article 33 of the Constitution to secure compliance by Myanmar with the recommendations of the Commission of Inquiry outlined in the following draft resolution, in accordance with its decision to place this matter on the agenda of the 113th Session (2025) of the Conference;
• (v) invited the Myanmar military authorities to submit to the Director-General by 26 September 2025 any relevant information for transmission to the Governing Body;

(c) called once again 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 continue to ensure that no restrictions are placed on the operation of the ILO's bank account, to approve all international staff visa extensions requested and to facilitate the ILO's continued operations to bring benefit to the people of Myanmar despite the expiry of the Memorandum of Understanding on the Decent Work Country Programme in September 2022.

Draft resolution

The General Conference of the International Labour Organization meeting in Geneva at its 113th Session, 2025,

Considering the proposals by the Governing Body of the International Labour Office, under the twelfth item of its agenda, with a view to the adoption, under article 33 of the ILO Constitution, of actions to secure compliance with the recommendations of the Commission of Inquiry established in accordance with article 26 of the ILO Constitution to examine 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),

Having taken note of the additional information provided by the military authorities which does not indicate any sign of meaningful acknowledgement of the recommendations formulated by the Commission of Inquiry in its 2023 report Towards Freedom and Dignity in Myanmar, or demonstrate any action taken for their implementation,

Expressing concern over the repeated extension of the state of emergency under military rule, preventing the restoration of a democratically elected government called for in 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),

Recalling the overall operative framework for engagement in Myanmar set out in the United Nations Country Team programmatic engagement guidelines and its focus on delivery of principled, rights and needs-based humanitarian assistance and activities that result in benefits that accrue directly to people or local communities,

Observing with deep concern the continuing egregious violations of the fundamental rights to freedom of association and freedom from forced labour and the basic civil liberties of the people of Myanmar, as well as the manifest efforts to fully transplant the free and independent trade union movement in the country,

1. Decides to hold at its future sessions a special sitting of the Committee on the Application of Standards for the purpose of discussing the application of Conventions Nos 87 and 29 by Myanmar and the implementation of the recommendations of the Commission of Inquiry, so long as this Member has not been shown to have fulfilled its obligations.

2. Invites the Organization’s constituents – governments, employers and workers – to:

• (a) engage, at the national, regional and international level, with a view to coordinating comprehensive and strategic action to contribute to the implementation of the Commission of Inquiry’s recommendations, including all steps that can support the creation of a climate that promotes freedom of association and the elimination of all forms of forced labour in the country;
• (b) enable continuing support for activities that benefit directly the Myanmar people and their communities and, in particular, through independent and confidential monitoring and reporting systems that provide avenues for complaints of violations to be rapidly and effectively addressed to ensure accountability where freedom of association and forced labour violations occur;
• (c) review, in the light of the conclusions of the Commission of Inquiry, the relations they may have with Myanmar military authorities and take appropriate measures to ensure that such relations in no way enable, facilitate or prolong the violations of workers’ rights in respect of freedom of association and forced labour. In particular, any relations that may contribute or enable the perpetuation of ongoing harm or violence or acts of repression and intimidation of workers and employers peacefully exercising their fundamental rights through the support or supply of military equipment or means, including jet fuel, or the free flow of funds to the military authorities, should be comprehensively reviewed with the aim to disable all means that have abetted or empowered the perpetuation of the above-mentioned egregious violations;
• (d) ensure that the principle of non-refoulement is respected in line with international law, given that trade union and human rights defenders fleeing Myanmar are at serious risk of irreparable harm, including persecution, ill-treatment and other grave human rights violations;
• (e) report to the Director-General on any initiatives or steps taken, or other relevant developments, for transmission to the Governing Body.

3. Invites the Director-General to:

• (a) accelerate and intensify with all relevant actors all necessary support to the trade unions and workers of Myanmar as well as employers so that they may be able to exercise fully their fundamental rights addressed in the report of the Commission of Inquiry;
• (b) develop relevant and appropriate monitoring mechanisms for the confidential and credible documentation of ongoing fundamental rights’ violations in the country with a view to transparent reporting, ensuring accountability and delivering expeditious and effective redress to the victims;
• (c) call on the relevant bodies of international organizations referred to in article 12(1) of the ILO Constitution to continue to keep under review, within their terms of reference and in the light of the conclusions of the Commission of Inquiry, any engagement with the Myanmar military authorities and report any activities that may be found in the course of their work to have the effect of directly or indirectly enabling or abetting the practice of forced labour or compulsory labour or violations of freedom of association in the country;
• (d) reinforce engagement and collaboration with the United Nations (UN), including the UN Secretary-General’s Special Envoy on Myanmar, the Special Rapporteur on the situation of human rights in Myanmar and other specific thematic special rapporteurs relevant to the Commission of Inquiry’s recommendations, such as the Special Rapporteur on freedom of opinion and expression and the Special Rapporteur on freedom of peaceful assembly and of association, with a view to ensuring coordinated action on the recommendations of the Commission of Inquiry and the implementation of this resolution;
• (e) explore further within the UN system the support and assistance that may be provided to Myanmar trade union activists and their families who have been displaced or have fled their country;
• (f) explore additional avenues of collaboration between the ILO and the Independent Investigative Mechanism for Myanmar established by the UN Human Rights Council within their respective mandates;
• (g) engage with other relevant regional bodies, in particular the Association of Southeast Asian Nations, special envoys and others with a view to exploring possible frameworks for coordinated action towards the full implementation of the recommendations of the Commission of Inquiry in Myanmar;
• (h) submit to the Governing Body a periodic report on the outcome of the measures set out in subparagraphs (a)–(g) above.

4. Urges the Myanmar military authorities to engage without further delay in good faith implementation of the recommendations of the Commission of Inquiry and subsequent recommendations of the supervisory bodies of the ILO, with a view to securing a climate promoting freedom of association and the elimination of all forms of forced labour.

(GB.353/INS/12(Rev.2), paragraph 59)