ILO step-ups action against Myanmar government

The International Labor Organization (ILO) is to begin action against the Myanmar military government amid concerns that has failed to adhere to any of its previous recommendations aimed at reducing the risks faced by the country’s workers, including the key garment manufacturing sector.

The ILO’s Commission of Inquiry called last year for the country’s military to cease violence, release detained unionists, restore civil rights, and end forced labour practices after it found that government had severely restricted civil liberties and trade union rights. Article 33 could pave the way for economic sanctions, international legal proceedings, financial disconnections, and country-specific sanctions, according to labour rights advocates.

The decision to take action under Article 33 of the ILO Constitution was reached during a session of the ILO Governing Body in Geneva from Oct. 28 to Nov. 7. Article 33 can lead to significant consequences including economic sanctions and international legal proceedings for member states that fail to comply with recommendations from the ILO’s Commission of Inquiry.

The ILO said on Nov. 6 that the Myanmar junta failed to adhere to a resolution adopted in June 2021 and recommendations made by the Commission of Inquiry for Myanmar in 2023.

The recommendations urged military authorities “to immediately cease all forms of violence, torture, and other inhumane treatment against trade union leaders and members; to release and withdraw all criminal charges against trade unionists detained in relation to the exercise of their civil liberties and legitimate trade union activities; and to fully restore the protection of basic civil liberties suspended since the coup d’état.” They also urged an end to “all forms of forced or compulsory labour by the army and its associated forces, as well as forced recruitment into the army.”

The decision was welcomed by labour advocates, who have called for international action since soon after the military overthrew an elected government in the February 2021 coup.

“This is critical, because now Article 33 will surely be passed,” said Maung Maung, president of the Confederation for Trade Unions Myanmar, which has some 65,000 members.

What is most important is to see the extent to which the action against Myanmar will be addressed. The ILO Governing Body will discuss a draft resolution about measures to be taken at its next session in March 2025, and the final decision will be made at the ILO Conference in June.

Labour rights activists have long campaigned to invoke Article 33 against the junta, which has killed over 5,900 people and arrested more than 27,000 including trade union leaders, student activists, peaceful protesters and labour rights activists since the coup in 2021.

The Confederation of Trade Unions of Myanmar (CTUM) said possible measures under Article 33 include halting support from UN agencies, suspending humanitarian aid, ceasing diplomatic recognition, designating the military as a terrorist group, and subjecting military leaders involved in labour rights violations to international judicial prosecution and potential economic sanctions.

The ILO imposed sanctions against Myanmar’s military regime in 2000 under Article 33 and labeled it a terrorist entity after concluding in 1998 that the use of forced labour was widespread in the country. At that time, the ILO enacted various measures, including a request to ILO member states to review their relations with Myanmar to ensure that their actions could not be used to perpetuate the use of forced labour. The restrictions were lifted in 2012, at the beginning of a decade of tentative reforms that was brought to an end with the coup and reimposition of strict military rule.

Arthur Svensson's International Prize for Trade Union Rights" 2024 was awarded to the trade union leader Khaing Zar Aung from Myanmar. With this award, the prize committee wanted to shine a spotlight on the resistance struggle against the military regime in Myanmar and the struggle for real democracy, including basic labour rights. In this struggle, the trade union movement, trade union representatives and members are absolutely central.

352nd Session of the ILO Governing Body

Sources: ILO, Irrawaddy, Radio Free Asia