Research and Planning Division

Supplementary Understanding

The Government of the Union of Myanmar
Ministry of Labour
Nay Pyi Taw

Date: 4th March 2008

To,
Dear Members of the ILO-GB,

I would like to inform you the information of the implementation of the Conclusions of November GB 300 Session,2007 by Myanmar Government:- Concerning the matters of Convention No. (29) & No.(87) included in the Conclusions of 300th GB Session, I would like to inform that it is to be included in Citizenship, Fundamental Rights and Duties of Citizens of Chapter VIII , Para 354 (a), (b), (c) and Para 359 in the New Draft State Constitution of the Republic of the Union of Myanmar, which will be emerged soon. It shows the prominent evidence of the Myanmar Government’s political will for the Application of the Ratified Convention No. (29) and Convention No.(87) in future. According to the request of the 300th GB Session 2007, I would like to clarify concerning the six persons including Thurein Aung. They are neither worker nor worked at any factory or workplace. They were arrested not for holding May Day event. There were many May Day events held nationwide by various organizations but no one was arrested for holding those events. They connected with FTUB and received funds and implement the instructions of FTUB, which was announced by Myanmar Government as the terrorist group, issuing the declaration, for terrorist acts are forbidden by the International Convention for the Suppression of Terrorist Bombing and International Convention for the Suppression of the Financing of terrorism. They were taken action because of breaching the existing laws, such as inciting hatred or contempt for the government, illegally leaving and re-entering the country and these charges do not impair the obligation concerning the Convention No. (87). As the request of the GB, this case is being accepted by the Supreme Court for appealing, and under consideration. The arrest of Su Su Nway is not concerned with SU, but because of the internet announcement of ABSDF, announced by Myanmar Government as the terrorist group, it states that, those who does the activity for intolerance of the government, can be rewarded. Because of this incentive, Su Su Nway intentionally created for inciting hatred or contempt for the government. I would like to clarify that Su Su Nway’s case is neither related with SU and Convention No.(29) nor Convention No. (87). Similarly, U Min Aung was punished because of inciting the loosing respect of Buddhism, and because of breaching the existing laws. After the concerned court reviewed upon his appeal, he is under the more favor of reducing the punishment in order to fulfill the request of GB 300th Session. I would like to reconfirm that the matter of U Min Aungis not related to support for making complaints of forced labour. Concerning Thet Wai (a) Pauk Sa, case No.054, transmitted by ILO Liaison Officer, he is only detained, but not yet examined. While he was detaining, he gave the memory stick to the station for evidence. The real incident was that, while U Ohn Than, who was prosecuted under Criminal Regular Trial No.610/2007, Section 505 (b) of Penal Code was being arraigned to the Kyauktada Township Court on (9-1-2008), the security policeman found that U Ohn Than was secretly giving the paper packed with plastics being kept in his mouth to U Thet Wai. After seizing the paper, U Thet Wai was detained because of the breaching the procedures of prisoners not to possess prohibited articles under the Jail Manual. Actually, this incident was intentionally created and plotted by U Thet Wai, bringing the Memory Stick which saved the ILO related matters in order to give as an evidence because he intended to get the advantage, like the past precedent. Giving the memory stick with the ILO Related Matters is just U Thet Wai’s tricky intention to exaggerate concerning ILO. I would like to confirm that this case is totally unrelated with ILO. While he was detained, U Thet Wai (a) Pauk Sa was trying to cover his fault and opposition activities, by using under the name of the ILO. He was detained not for the memory stick saving the ILO related matters. On the date of 5th February 2008, he was prosecuted at the Pabedan Township Court of Justice, under the Criminal Regular Trial No. 60/2008 of Section 189 and Section 353 of Penal Code. He was also 3 prosecuted under Section 33. I would like to inform that, according to Section 169 of the Criminal Procedure, the case on trial under Section 33 was set aside and reduced the primary punishment. Again, I would like to reconfirm that the case of U Pauk Sa (a ) Thet Wai is totally not related with the ILO and the ILO Working Group will continue to carry out this case to clarify, not related with ILO. In conclusion, I would like to reconfirm that as the previous time, Myanmar will continue to cooperate with ILO for the eradication of forced labour with Political Will in future. With the assurances of the highest consideration,

Chairman of the Working Group

(Deputy Minister for the Ministry of Labour)

Complaints of Forced Labour and Myanmar

The cases of forced labour may be taken legal action under section 374 of the Penal Code and those cases may be filed to the Courts by direct complaint.

According to the Supplementary Understanding, the team headed by the Ministry of Labour including the responsible persons from the Attorney General Office, the Supreme Court, the Ministry of Home Affairs and the related Ministries made investigation concerning the complaints of Forced Labour cases from the ILO Liaison Officer (a.i). If the complaints of forced labour is true the actions are taken against to those persons. But if the complaint is false, action will not be taken but it will be referred to the ILO Liaison Officer (a.i.)

ILO Convention No.29 and Myanmar

On the application of the Forced Labour Convention, 1930 (Convention No.29), Myanmar and ILO reached an agreement and signed the Supplementary Understanding on 26-2-2007. It is included-that a mechanism is to be set up to deal with forced labour complaints in cooperation with ILO. Trail period of the Supplementary Understanding is 12 months. Complainants residing in Myanmar could make a complaint of forced labour to the ILO Liaison Officer in Yangon in accordance with the Supplementary Understanding. According to the existing Laws, orders and regulations in Myanmar complainants could make direct complaints of forced labour to the township court concerned under the section 374 of Penal Code as well as to the various levels of the local authorities.

After gaining her independence, Myanmar became a member of ILO on 18 May 1948. It has180 member countries up to January 2007.

By Department of Labour

ILO Conventions ratified by Myanmar

One of the main activities of the Department of Labour is cooperating in regional, international and ASEAN labour affairs. The department mainly cooperates with the ILO and ASEAN.
By Department of Labour

International Labour Organization(ILO)

After gaining her independence, Myanmar became a member of ILO on 18 May 1948. It has 180 member countries up to January 2007.
By Department of Labour

ILO Conventions ratified by Myanmar

Sr. No. Conventions Ratified Date
1. Hours of Work (Industry) Convention No.1 (1919) 14-7-1921
2. Unemployment Convention No.2 (1919) 14-7-1921
3. Night Work of Young Person (Industry) Convention No.6 (1919) 14-7-1921
4. Right of Association (Agriculture) Convention No.11 (1921) 11-5-1923
5. Weekly Rest (Industry) Convention No.14 (1921) 11-5-1923
6. Minimum age (Trimmers and Stoker) Convention No.15 (1921) 20-11-1922
7. Medical Examination of Young Person (Sea) Convention No.16 (1921) 20-11-1922
8. Work Men’s Compensation (Accidents) Convention No.17 (1925) 16-2-1956
9. Workmen’s Compensation (Occupational Diseases) Convention No.18 (1925) 30-9-1927
10. Equality of Treatment Compensation (Accidents Compensation) Convention No.19(1925) 31-9-1927
11. Inspection of Emigrants Convention No.21 (1926) 14-1-1928
12. Seamen’s Article of Agreement Convention No.22 (1926) 30-11-1932
13. Minimum Wage-Fixing Machinery Convention No.26 (1928) 21-5-1954
14. Marking of Weight (Packages Transported by Vessels) Convention No.27 (1929) 7-9-1931
15. Forced Labour Convention No.29 (1930) 4-3-1955
16. Workmen’s Compensation (Occupational Diseases)Convention (Revised) No.42 (1934) 7-5-1957
17. Holidays with Pay Convention No.52 (1936) 21-5-1954
18. Statistics of Wages and Hours of Work Convention No.63 (1938) 14-11-1961
19. Freedom of Association and Protection of the Right to Organize Convention No.87 (1948) 4-3-1955

Cooperation with the Association of South East Asian Nations (ASEAN)

Myanmar has been a member of ASEAN on 23 July 1997.

The Department of Labour is a focal point for ASEAN Senior Labour Officials and also the Director General of the Department of Labour, a focal person for ASEAN SLOM, attends these meetings. As a member of ASEAN, Myanmar is participating and making initiative cooperation in Skill Competition in labour sector, Industrial Relations and Informal sector development through regional integration and holding National Seminars.

By Department of Labour

Cooperation in Development of Greater Mekong Sub-Region (GMS)