Decision of 352nd Session of ILO Governing Body

The 352nd Session of ILO Governing Body was held from 28th October to 7 November 2024. On its agenda No. 11, the follow-up report of the Commission of Inquiry concerning the non-observance by the Myanmar was discussed leading to an official decision. Below is a summary of the decision.

• Deplore once again the continued absence of progress and called once again for immediate end of all violent acts.
• Called for observing Freedom of Association and Forced Labour Conventions as regrads the recommendations of the Commission of Inquiry.
• The Director General was requested to continue close monitoring the situation, ensuring that no progress takes place, and to submit updates to Governing Body at its 353rd Session (March 2025).
• Decided to place on the agenda of the 113th Session (2025) of the International Labour Conference an item concerning measures under article 33 of the Constitution to secure compliance by Myanmar with the recommendations of the Commission of Inquiry.
• Requested the Director-General to submit to the Governing Body at its 353rd Session (March 2025) a draft resolution concerning the measures to be taken under article 33 of the ILO Constitution in light of its discussion.
• Invited the Myanmar military authorities to submit to the Director-General by 15 January 2025 any relevant information for transmission to the Governing Body at its 353rd Session (March 2025).

The original version posted at the link:
https://www.ilo.org/resource/record-decisions/gb/352/decision-concerning-follow-report-commission-inquiry-appointed-consider

GB.352/INS/11(Rev.1)/Decision

Decision concerning the Follow-up to the report of the Commission of Inquiry appointed to consider the complaint concerning non-observance by Myanmar of Conventions Nos 87 and 29

6 November 2024

Recalling the resolution for a return to democracy and respect for fundamental rights in Myanmar adopted by the International Labour Conference at its 109th Session (2021), and noting with utmost concern the absence of any concrete action towards the implementation of the recommendations of the Commission of Inquiry in its 2023 report, which emphasized the urgency of the national situation, the Governing Body:

(a)	as regards the 2021 resolution:
	(1)	deplored once again the continued absence of progress towards respecting the will of the people, democratic institutions and processes, and the fact that, over three years since the military coup, the democratically elected government had yet to be restored;
	(2)	called once again on the military authorities to end immediately all acts of violence, and the arbitrary arrest, detention and torture of trade unionists, labour activists and others, including the Rohingya, in the exercise of their human rights and ensure the immediate release of those detained;
(b)	as regards the recommendations of the Commission of Inquiry:
	(1)	repeated its call for Myanmar to ensure that employers’ and workers’ organizations are able to exercise their rights in a climate of freedom and security, free from violence, arbitrary arrest and detention, by means of the full implementation of the recommendations of the Commission of Inquiry, which include the revocation of any military orders, legislative or other measures, decreed since February 2021 and identified as restricting freedom of association and the basic civil liberties of trade unionists;
	(2)	expressed once again its profound concern over the conclusions set out in the Commission’s report concerning the exaction of forced labour by the military authorities and call for immediate action to be taken to put an end, in law and in practice, to any forced recruitment into the military contrary to the Forced Labour Convention, 1930 (No. 29), including the forced recruitment of children;
	(3)	requested the Director-General to: continue to closely monitor the situation in Myanmar with regard to the exercise of freedom of association and the prohibition of forced or compulsory labour; continue to ensure that no technical cooperation or assistance to Myanmar takes place, except for the purpose of direct assistance to implement immediately the recommendations of the Commission of Inquiry; continue to inform the Governing Body of the ILO’s engagement, within the framework of the UN system, to ensure that the Commission’s recommendations are acted upon within the respective mandate of each body; submit to the Governing Body at its 353rd Session (March 2025) a document providing an update on any developments with regard to compliance by Myanmar with the recommendations of the Commission of Inquiry;
	(4)	decided to place on the agenda of the 113th Session (2025) of the International Labour Conference an item concerning measures under article 33 of the Constitution to secure compliance by Myanmar with the recommendations of the Commission of Inquiry;
	(5)	requested the Director-General to submit to the Governing Body at its 353rd Session (March 2025) a draft resolution concerning the measures to be taken under article 33 of the ILO Constitution in light of its discussion;
	(6)	invited the Myanmar military authorities to submit to the Director-General by 15 January 2025 any relevant information for transmission to the Governing Body at its 353rd Session (March 2025);
	(7)	called once again on the military authorities, in accordance with the provisions of the Convention on the Privileges and Immunities of the Specialized Agencies of 21 November 1947, to continue to ensure that no restrictions are placed on the operation of the ILO’s bank account, approve all international staff visa extensions requested and facilitate the ILO’s continued operations to bring benefit to the people of Myanmar despite the expiry of the Memorandum of Understanding on the Decent Work Country Programme in September 2022.

Download PDFs:
GB.352/INS/11(Rev.1)
GB.352/INS/11(Rev.1)/Decision

Related Post:
Commission of Inquiry Concerning Non-observance by Myanmar of the Convention No. 87 and No. 29