The ILO’s Commission of Inquiry report on Myanmar, titled “Towards Freedom and Dignity in Myanmar,” describes a regime despised by the people of Myanmar, clinging to power through terror and fear. It confirms steadily worsening conditions for the population: forced displacement both internally and externally, grinding poverty, hunger, disease, regular bombings, and the murder of civilians. For those who resist, including trade unionists, there are arbitrary detentions, torture, and imprisonment.
The findings of the Commission of Inquiry are reinforced by a tripartite letter, dated 27 September 2024, from the National Unity Government (NUG) to the ILO Director-General. Based on hundreds of interviews and extensive documentation, the letter details severe and worsening violations of workers’ rights, including freedom of association, forced labour, and child labour. Evidence from the NUG shows that victims include men, women, and children forcibly conscripted into the military to wage war against other citizens.
According to the NUG, the actions of this regime have “created a climate of fear, repression, and violence,” and it is time to hold the military accountable for their crimes and strip them of their power to prevent further harm to the people of Myanmar. Brutality has only increased suffering; repression has not ended the conflict, nor has it brought peace – not even the peace of the graveyard.
Organized Opposition
The regime’s crimes have helped build a historic, united opposition. Some of the vital infrastructure for that opposition arose during the period of limited democracy under the previous military regime, which had begun a reform process. Trade unions and a system of industrial relations emerged during that time, aided by the ILO and global trade union solidarity.
Courageous trade union activists led open opposition through strikes and demonstrations. When forced underground, unions participated in the establishment of the National Unity Government (NUG). While armed opposition has made progress against the military regime, neither the ILO nor the UN advocate bringing peace through war.
On 1 February 2025, it will mark four years since the coup. Even at this late stage, a coherent and effective global strategy, coupled with a sense of urgency, could lead to a peace that would heal Myanmar rather than destroy what remains of it.
Conclusion
For the ILO and its constituents, Myanmar should be a priority, not because it is hopeless, but because there is hope. Although democracy was not fully developed, the people have tasted freedom. They have experienced freedom of association and expression. The exercise of these rights fosters respect for other human rights. The seeds of democracy are entrenched in the people of Myanmar and have been hardened by their struggle.
BWI and IUF join the call, outlined in the attached NUG letter, for the ILO to “take decisive action to hold the junta accountable for treating the people of Myanmar as slaves, in blatant violation of labour standards.” It is time for the ILO to act decisively to protect the rights and dignity of workers in Myanmar. The continued violation of workers’ rights and disregard for the Commission of Inquiry’s recommendations require an immediate and forceful response. Failure to act will result in further loss of life, the destruction of an entire generation, and irreversible damage to Myanmar’s future.
The ILO Governing Body should, at the earliest opportunity, invoke Article 33 of the ILO Constitution. It should develop recommendations for the International Labour Conference to support the will of the people of Myanmar, reject the junta’s contempt for global values and standards, and uphold the rule of law.
Annex: Elements of a Global Strategy for Myanmar
The ILO is well-placed to lead international and regional organizations, national governments, and social partners. It has on-the-ground knowledge and a record of past success in the country. This is an opportunity to advance social justice in a nation where, despite enormous challenges, there is hope.
Article 33
The ILO’s decisions under Article 33 in 2000 and 2006 significantly strengthened its engagement and contributed to earlier military governments’ attempts to curb forced labour. Given the current deteriorating situation, a renewed invocation of Article 33, following the second Commission of Inquiry, is more than warranted. The crimes of the military junta demand it.
Although a resolution by the International Labour Conference does not yield automatic results, it is a minimum requirement if we are to persist, develop, and implement a robust strategy. Any strategy must be ambitious and identify concrete follow-up actions.
Pressure on the Military Regime – the State Administration Council
It is clear that the regime is unresponsive to the needs and will of the people of Myanmar, and its communications with the ILO remain untruthful. Therefore, the focus should not be on moral suasion, but on undermining the regime’s access to finances, weapons, and legitimacy.
Finances. Financial flows through official banks, financial institutions, and illicit channels sustain the regime. Efforts to disrupt these flows should include Myanmar banks and regional banking facilities. Criminal enterprises also support the regime, highlighting the role of law enforcement.
Investment is another financing source, often obscured through tax havens or phony corporations. Governments should allocate resources to trace financial, investment, and trade connections to intervene effectively and prevent regime support. Corporations should conduct due diligence to ensure they are not complicit in human rights violations.
Weapons. An arms embargo on Myanmar is essential. Belarus has been a supplier of advanced weaponry, including missile systems. While the EU and several other nations restrict dual-use technology that can aid in weapon production, weapon supply chains remain complex, necessitating further research. Myanmar’s sophisticated surveillance systems also endanger opposition activists.
Legitimacy. The UN and its specialized agencies do not recognize the military regime as legitimate, but nor have they accepted the NUG. National governments should officially recognize and assist the NUG, enabling it to play a more effective political role and organize resistance. A capable political force is critical for holding diverse groups together, now and for a future democratic Myanmar.
Tripartism
While the ILO may face limits in directly cooperating with the NUG, trade unions and employer organizations are free to engage with counterparts inside and outside Myanmar. The ILO should consider a support program for workers’ and employers’ organizations, addressing issues raised by the NUG, including military conscription laws.
The social partners could also help mobilize support regionally and globally, including through ASEAN and the EU. Solidarity efforts with Myanmar organizations are already underway, but could be further strengthened. For instance, unions could liaise with displaced populations, such as Rohingya refugees in Bangladesh.
By engaging social partners, governments may be more inclined to prioritize Myanmar, ensuring that it does not become lost amid global crises and conflict.
