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Statement by His Excellency U Wunna Maung Lwin, Ambassador/Permanent Representative of the Union of Myanmar on the report of the Committee on the Freedom of Association at the 301st Session of the ILO Governing Body

( Geneva 19 March 2008 )

Mr. Chairman,

I thank you for giving me the floor.

Mr. Chairman,

          My delegation is taking the floor to express our observation on the Report of the Committee on the Freedom of Association which contains,  inter alia, the complaint against the Government of  the Union of  Myanmar.

In Myanmar , workers are always regarded as one of the major driving forces for the development of the nation. 

The Government of Myanmar made two Announcements on 9th February 2008.  Announcement No. 1 / 2008 stipulates the holding of a National Referendum in May 2008 to seek approval of the State Constitution.  Announcement No. 2 / 2008 provides the time  frame for holding of the multi-party democracy general elections in 2010 in accordance with State Constitution.  

          The State Constitution has been drafted based on the fundamental basic principles and detailed basic principles adopted by the National Convention on 3 September 2007.  The right of the citizens to express freely their convictions and opinions, to assemble peacefully and to form associations and unions  and to  prohibit any form of  forced labour are enshrined in the newly drafted State Constitution.  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). 

          The necessary measures are being undertaken by the Government for protection of  the workers' right and for establishing the workers' organization at the respective industrial zones.

Mr. Chairman,

          With regard to the six persons  including Thurein Aung, I would like to inform the house that according to the information received from capital, the Supreme Court of the Union of Myanmar will review their cases.

          According to the Convention No. (87), we understand that the Committee of the Freedom of Association has to deal with the specific issues of the workers and employers.  Since the said six persons are neither workers nor work at any factory or workplace, I wish to state that their cases should not be brought up to the Governing Body.

They were arrested not for holding May Day event but for breaching of the existing laws and for their involvement in unlawful activities and attempted terrorist acts in the country.

There were many May Day events held nationwide by various organizations but no one was arrested for holding those events.

          I would like to state that legal actions were taken against them because they had violated the existing laws of Myanmar . The Supreme Court of the Union of Myanmar has been considering their appeals in accordance with the judiciary procedures.  It is solely under the jurisdiction of the Supreme Court.  The request to immediately release of those persons is the interference of the domestic law and the judicial power of the sovereign State.

They were taking instructions, training and financial assistance from the Federation of Trade Union of Burma (FTUB) which is an exile terrorist group notified as unlawful association by the Government, to incite the general public to create instability in the country.

We have firm evidence for bombings and terrorist acts in the country masterminded and carried out by FTUB.

Mr. Chairman,

          Myanmar Government is combating terrorism in accordance with the International Convention for Suppression of Terrorism we have signed. Myanmar has acceded (11) International Conventions for the Suppression of Terrorism.

In accordance with the International Convention for the Suppression of Terrorist Bombing and International Convention for the Suppression of the Financing of Terrorism, the Ministry of Home Affairs of the Government of the Union of Myanmar issued the Notification No. 3 / 2005 on 28 August 2005 declared the FTUB as an unlawful association.  Based upon concrete evidence of terrorist acts in the country by this group, further Notification No. 1 / 2006 of 12 April 2006 has been issued by the Ministry of Home Affairs announcing FTUB as the terrorist group.

In fact, FTUB does not represent any workers of Myanmar .  The members of this group are fugitives and staying outside the country and violating the laws.  I should, therefore, like to strongly object to recognize the Federation of Trade Union of Burma (FTUB) as a legitimate trade union organization.

I thank you  Mr. Chairman.