ILO Governing Body, 352nd session

28 October – 7 November 2024

Follow-up to the report of the Commission of Inquiry established in accordance with article 26 of the ILO Constitution concerning the non-observance by Myanmar of Conventions Nos 87 and 29, and to the resolutions concerning Myanmar adopted by the International Labour Conference at its 102nd (2013) and 109th (2021) Sessions

GB.352/INS/11

EU statement

Chair,

I have the honour to speak on behalf of the European Union and its Member States.

The candidate countries North Macedonia*, Montenegro*, Albania*, Ukraine, Republic of Moldova and Georgia, the EFTA countries Iceland and Norway, members of the European Economic Area, as well as Switzerland, align themselves with this statement.

1. We thank the ILO for the latest overview of developments in Myanmar and for its operations focusing on child and forced labour and labour migration.
2. We are alarmed by the gravity and pervasiveness of the human rights and humanitarian crisis created by the military’s actions in Myanmar since the military coup of 2021.
3. We condemn in the strongest terms incidents and violence against trade union leaders and members that were documented by the Commission of Inquiry. These involved killings, arbitrary arrests, sham trials and detentions, abuses, tortures, threats, intimidations, surveillance, house raids, public housing evictions, forced exile, deprivation of basic civil liberties and oppression at the workplace due to their trade union membership and activities. Widespread labour rights abuses and oppression of trade unions continue.
4. We are also gravely concerned by the continuing systematic and widespread forced labour imposed by the military on the people of Myanmar, including children, to perform a range of military-related activities. We ask the military authorities to heed the call of ILO to submit the final version of the conscription rules. We also deplore the exaction of forced labour from members of the Rohingya minority in Rakhine State, and of other ethnic or religious minorities.
5. We would like to recall that the Commission of Inquiry issued a clear set of immediate recommendations to be implemented no later than 1 October 2023. We are now more than a year past this deadline. We concur with the assessment of the ILO Office that the information provided by the military does not demonstrate any action on the specific recommendations and no meaningful understanding of the gravity of the situation and the need for specific and urgent action.
6. The ILO supervisory system has clear rules and when the recommendations of the Commission of Inquiry are not carried out within the time specified, the Governing Body may recommend action under Article 33 of the ILO Constitution. We consider that measures under Article 33 need to be effective and targeted at those responsible for the violations and press for the full respect of labour rights as fast as possible. The EU and its Member States acknowledge the importance of livelihoods and stress the need to avoid measures which could adversely affect the people of Myanmar, especially the most vulnerable.
7. We would like to stress that the draft Article 33 Resolution keep in mind these objectives. We kindly ask the ILO Office to publish the draft Resolution in advance of the March 2025 Governing Body.  We welcome the ongoing efforts by the Office to assess the effectiveness of previous measures in order to devise wise and expedient measures to secure compliance by Myanmar with the recommendations of the Commission of Inquiry.
8. We note that the bank account of the ILO Liaison Office could be replenished and call on the military to ensure no further restriction. We urge that remaining issues pertaining to visas for ILO staff are expediently resolved.
9. We reiterate our call on the military to accept and implement all recommendations of the Commission of Inquiry without further delay.
10. We can support the decision.

Thank you, Chair.

*[North Macedonia, Montenegro and Albania continue to be part of the Stabilisation and Association Process.]