FTUB Congress 2009

1Responsibilities & Rights

FTUB 1st Congress 2009





Federation of Trade Unions Burma

1stCongress 2009

(Report)



FTUB 1st congressPublished March 2009



CONTENTS

1. Summary ...........................................................................................................2. FTUB Background .........................................................................................3. History of Trade Union in Burma .....................................................................4.Affiliated Unions .............................................................................................5. ILO and FTUB ...............................................................................................6. FTUBActivities

(a) InternationalAffair .....................................................................................(b) Educating and Training ...............................................................................(c) FM radio ...................................................................................................(d) MigrantAffair ............................................................................................(e) FTUB Pre-Congress ................................................................................(f) Mayday ......................................................................................................

7. Violation of Trade Union Rights in Burma .........................................................

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FTUB was formed in1991 and it has been 18th year since it was formed on the Thai-Burma border. It was formedon the Thai-Burma border because union leaders were arrested and persecuted after the 1988 nationwidedemocracy uprising was crushed brutally.

Freedom of association was denied in Burma sine 1962, when the military forcibly took over power from thedemocratically elected government. Although Burma ratified Freedom ofAssociation Convention 1948(No.87)the military regime in Burma have been blatantly violating the convention for the last 50 years. And itcontinues to do so by arresting FTUB leaders unlawfully.

FTUB have been documenting and reporting the violations of the military regime at the ILC and the regime hasbeen warned severely by the ILO. But it is evident that the regime has not complied with ILO’s demands fromthe fact that the FTUB is conducting the first Congress outside of Burma.

The delegates from several underground unions will be present at the Congress despite the crackdown by theregime. Because of the violation of workers’ rights and freedom of association by the military regime, the firstever Congress of a union in the history of international labor movement is held outside of it’s mother country.

The FTUB have been documenting and reporting the major violation of the regime which is “forced labor” tothe ILO through ICFTU since 1992. And the ILO started investigating against the regime after it becameevident that the violations were committed. But the non-compliance of the regime regarding the violations,ILO began to take action in 2000 with the following;

On 14th May 1999, Order 1/1999 was issued and it stated – “the requisition of forced labour illegal andstipulates that it is an offence under the existing laws of the Union of Myanmar. Responsible persons,including the local authorities, members of the armed forces, members of the police force and other publicservice personnel are also prohibitednot to requisition forced labour and are instructed to supervise so thatthere shall be no forced labour.”

Even though the Order 1/99 was issued by the Minister for Interior Affairs, and supplemented by Secretary 1of the regime on 1st November 2000, the military still continued extracting forced labor, the military intelligencestill arrested and harassed those who tried to report the forced labor violations to the ILO.

Once again, on 26th February 2007, a “Supplementary Agreement “has been reached and according to theregime, a new phase is developing. Yet, as we have stated in the beginning, we are reporting [3,405] cases offorced labor that took place after the 2007 Governing Body meeting. Since 1992, the military regime, had hadthree changes of Prime Ministers, three foreign ministers and 4 changes of Labor Ministers, but Forced Laborin Burma continues.

If forced labor in Burma is ever to be eradicated, and the people of Burma be freed fromthe constant workers rights violations by a military regime, the ILO and it’s members should utilize theirmandate within the United Nations system and work with the International Court of Justice ICJ so thatenforcement mechanisms through the UNSC can come into play.

Likewise, it is the time for ILO to intensify the action on the regime for the violations of ILO Convention 87 onfreedom of association.

In the 18 years short history of FTUB, we have been struggling for workers’rights, human rights and democracy.Further, we have also assisted the migrant workers from Burma. In order for us to be able to perform all theseactivities, we were supported by the ITUC and national trade union centers from different countries and wewould like to express our sincere gratitude at our first ever congress.

After 18 years of struggling, we pledge that we will continue working in solidarity with the international labormovement after the conclusion of the 1st FTUB Congress for workers’ rights and democracy in Burma.

Summary



FTUB Background

Federation of Trade Unions Burma was formed in 1988 with together of the AllBurma Labour Union (ABLU) at the “Htan-Ta-Bin High School, HeldanTownship, and Rangoon in September, 1988.

The Trade Unionists and leaders stood up demonstration and stopped work inaccordance with the call of the student union in 1988 and have ended the era ofthe Burma Socialist Program Party of Gen. Ne Win.

In 1991, the Federation of Trade Unions Burma (FTUB) was reformed by exileddemocratic workers, students and activists who had participated in the popularso-called 8888 uprising and mainstream Burmese democratic politicalmovement.

Since rebirth in 1991, the FTUB has its affiliated unions and reestablished theunionization, promoting freedom, democracy, trade union rights as well as humanrights in domestically. In the international arena, FTUB is marching togetherwith global and international labour movement towards social-justice, workerand trade union rights and democracy.


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History of Trade Union in Burma

Pre- Second World War

31 Jan 1940

All Burma Trade Union Congress (ABTUC) was founded byThakhin Lay Maung and ThakhinBa Tin.

March, 1941

All Burma Trade Union Congress (ABTUC) was re-founded again by Thakhin Ba Hein andThakhin Ba Tin.

During Second War (1941-1945)

1941 to 1945, Burma was occupied by the fascist Japan; as a result, Unionization anddevelopment of trade union in Burma was so weak and banned by Japanese fascist.

After Second World War

24 May 1945

ABTUC was reformed by Thakhin Kyaw Sein and Thakhin Hla Kywe.

4 Jan 1948

Burma gained indepedence from Great Briton after hundrea years of colonialism.

1949

The Trade Unions Congress of Burma (TUCB) was initially formed with assistance of theAnti-Fascist Peoples’ Freedom League (AFPFL) and led by U Ba Swe and U Than Tun.

1950

The Burma Trade Union Congress (BTUC) was formed by Thakhin Hla Kywe and ThakhinThwin.

1958

The Union of Labor Organization (ULO) was formed by U Thwin and U Raschid.

1958-60

Caretaker government, led by army Chief of Staff General Ne Win, formed following a splitin the ruling AFPFL party.



1962-1988

Since 1962 March, 2 , a day of military coup, led by General Ne Win, all civil societyorganizations, including student unions, workers unions and independent journalist wereabolished. Unionization and Trade Unionism was weak during the Gen. Ne Win’ BurmeseSocialist Program Party (BSPP), a totalitarian regime of Burma.

1988

Student initiated people power erupted, civil society was reactive. Knowing that the studentswere saying what their parents were suffering under Gen. Ne Win’mismanagement, the workerscame out in their support. During the 1988 people power uprising, the trade unions wereformed in all the economic sectors, including the military and the police.

The All Burma Labour Union (ABLU) was formed at the Htan Ta Bin High School, HeldanTownship, and Rangoon in September, 1988. The Trade Unions took up demonstration andstopped work in accordance with the call of the student union.

18 Sep 1988

Military junta led by Gen. Saw Maung seized the state power again and all unions were bannedand the leaders forced to either resign or be arrested.

1991 - Present Day

The Federation of Trade Unions Burma (FTUB) was formed in 1991, by exiled workers andstudents who had participated in the 8 August 1988 people’s uprising.




FTUB 1st Congress 2009Affiliated

Unions

Affiliated Unions

(1) HandloomWorkers Union-Burma

(2) Migrant Karen Labour Union (MKLU)

(3) Rakhaing General Workers Union (RGWU)

(4) Stevedores Union

(5) Federation ofWorkers Union of Burmese Citizen in Japan

(6)AgricultureWorkers Unions

(7) Hotel and Restaurant Workers’Union of Burma (Japan)

(8) Food Processing Workers Union

(9) Health, Education and Social Workers Unions- HESU

(10) Mine Workers Union

(11) Rubber Plantation Workers Union

(12) Seafarers’ Union of Burma (SUB)

(13) Transport Workers Union (TWU)

(14) Federation of Trade Unions - Kawthoolei (FTU-K)

(15) Rakhaing General Workers Union (RGWU)

(16) Federation of Trade Union Chin (FTUC)

(17) Karenni Unions

(18) UniversityTeachers Unions Burma (UTUB)

(19) Hotel, and Restaurant Workers’Union of Burma (HRWUB)

(20) Kabaw ValleyWorkers ( Farmers ) Union

(21) Kuki Workers Union

(22) Health Workers Union

(23) Road Vendors Union

(24) BuildingConstructionWorkers Union

(25) CarpentaryWorkers Union

(26) Indo-Burma Migrant Workers



Handloom Workers Union

In 1996, twenty handloom workers who interested political affairs started to cooperate and workforHandloomUnioninAikezaw,Mizoranprovince, India.At thebeginning, theiraimsandobjectivesare –

1) To protect the rights and opportunities of handloom workers2) To challenge and fighting collectively for the the grievances, human rights violations,

and oppression3) To assist the social affairs of their members4) To cooperate with other organizations and resist for labour rights, human rights and

democracy5) To form a strong and wide union of handloom workers in Burma.6) To encourage the higher standard of education , health status and living standard of

handloom workers7) To encourage and maintain the Burmese tradition and culture of handiwork of

handloom.8) To promote the awareness of knowledge and technical education of handloom9) To do relation with international organizations.

Handloom Worker Union representative and members making a discussion, 1998

FTUB’sAffiliated Unions both inside and outside Burma are underground unionsand they all are struggle for labour rights, social justics and democracy for peopleliving in Burma.All the representatives ofAffiliated Unions will come to attend theFTUB’s first congress holding in March 2009.



The Migrant Karen Labour Union was formed bymigrant Karen workers from Burma, on 1st January

1999 at Pattaya, Chon Buri province, Thailand.

Migrant Karen Labour Union

Aims and Objectives of ( MKLU )

(1) To defend the right of the migrant workers from Burma.(2) To help to the workers to improve their work place condition.(3) To protect the workers from the danger of trafficking.(4) To provide legal aid.(4) To provide trade union right education.(5) To provide public health education and (HIV/AIDS) awareness.(6) To provide social assistance in the time of unemployment.(7) To preserve and promote Karen tradition, culture and identity.

One MKLU representativeconducting an interview toan injured migrant workerwho got an accident at hiswork place for claimingcompensation from his

employerSamut Prakan province,

Thailand(June 2007)

MKLUConference2006Bangkok,Thailand



Rakhaing General Workers Union (RGWU)

Email; [email protected]

Brief History:

On January 21, 2001 it is initiated from FTUB and ALP (Arakan Liberal Party), RGWUwas formed at the border area of Banglar – Burma with the following aims and objectives.

Aims and Objectives:

1) To assist for Rakhaing migrant workers from border area2) To prevent labour rights and promotion of their living standards.3) To establish the unity and mutual understanding among our colleague of workers4) To encourage for establishment of small unions at Rakhaing region respectively.5) To support health care for homeless and jobless people along border area of

Rakhaing.

Current Activities:

1) Try to combine and record data and information regarding forced labour violation ofthe junta along border area

2) Try to lobby and to do disclosure of human rights violation of the junta.3) Try to issue and promulgate the existing situation of border area daily4) Try to organize to form small unions inside Burma5) Try to assist health care program for homeless along border area.

Federation of Workers Union of Burmese Citizen-Japan(FWUB)

On April 28th 2002, the first congress of FWUB (Federation of Workers Union of BurmeseCitizen in Japan) was successfully conducted and democratically elected for two Japaneseunion leaders and eight executive members of union. FWUB is a member union of FTUB andalso cooperated with JAM (JapanAssociation of Metal, Machinery and Manufacturing WorkersUnion). Now it stands and reaches with 200 members.

FWUBC was formed with the following aims and objectives –

1) To assist, to promote and to prevent the rights of Burmese migrant workers fromJapan

2) To encourage for learning from movement of Japanese labours3) To share information among Japans community regarding the grievances of Burmese

labour from inside Burma, forced labour violations of Burmese dictators and atrocityof the Burmese military group.

4) To support the movement and leadership of Daw Aung San Su Kyi.



FTUB (Japan) and “Hotel, and Restaurant Workers’Union of Burma”, herein after use as HRUB,

was reformed from GWUB in January 29, 2007 at Burma Office Japan (BOJ) with 9 members

members temporarily.The initial idea was to affiliate with FTUBand accept the leadership of FTUB

policies, to prepare the constitution and infrastructure of the union, and accept members and call a

convention according to that constitution.

Our Vision Statements

The Main Objectives and/or Vision of the HRWUB are as follow:

1. To recruit the professional unionist for the future unions of Burma.

2. To support the Burmese pro-democracy and building of federal democratic state movements

from the labor sectors.

3. To support the activities and movements of FTUB, and to assist and affiliate with FTUB

4. To motivate and promote the knowledge, abilityand skills of union members to develop the

futureunions inBurma.

5. To protect the rights of union members.

6. To coordinate with NCUB and NCGUB (Federal Government)

6. To coordinate with international organizations.

Our Mission Statements

1. To contact and request the support from the International Unions to provide training about

the International labor rules and regulations, to recruit the professional unionist for the future

unions of Burma.

2. To co-ordinate with International Organizations to voice up and point out about the forced

labor affairs and many other labor affairs of Burma. To protect the rights of labors working

inside Burma and represent their difficulties and unfair labor affairs to the International

Organizations by the leadership of FTUB.

3. To support the activities of FTUB and their movement byparticipating their global campaign.

To assist the projects of FTUB byaffiliating with them.

4. Even though there were no chances to organize the unions in Burma, HRWUB should

motivate the members and/or other Burmese people who has desire and interest upon the

labor unions byproviding the chances for them to participate the activities of the union.Also

to promote their knowledge about the labor unions and their ability to develop the future

unions around the Burma.

Restaurant Workers’ Union of Burma (HRWUB)



5. HRWUB should protect the basic rights of members by dealing and contacting with

International Organizations.

6. HRWUB should coordinate with other Unions and International Organizations to promote

the pro-democracy movements of Burma, under the guide- lines of FTUB.

The First Congress of Hotel and Restaurant Workers’Union of Burma15 March 2009, Tokyo Japan



Federation of Trade Union Chin

On 17-22 June 2002, the FTUB leaders gave a basicTrade Union (TU) training to Chin .After the TUtraining, Federation ofTrade Union Chin was initiatllyformed with (5)Executive committee membersof Chin on 10th October 2002.

Those elected (5) Executive committees set future plans for FTUC. In March, 2006, a draft constitu-tion of FTUB was able to draw. On 5-6 May 2007, at a border, a conference of ratifying FTUCconstitution and re-electing FTUC’s EC was held by over (40) members, according to the FTUC’sconstitution.

FTUC’s Objectives

(1) To form a freedom workers Union with a democratic system in Chin land basing on work place,geographical area, tribe

(2) Organize through villages to townships to form workers unions in Chin land(3) To create an atmosphere for workers to have freedom for their labours and to eradicate forced

labours(4) To strive for securing labour rights(5) To promote for all Chin workers for a high living standard(6) To build and have a solidaritywith the international trade unions(7) To strive to get human rights and democracy which give a secure for workers’social life




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ILO and FTUB

Burma became a member of the International Labour Organization (ILO) in 1948, soon after thecountry regained its independence and the then democratic elected government of the country tookinitiative to promote the interest of the workers. Burma ratified Forced Labour Convention 1930(No.29) and Freedom ofAssociation Convention 1948 (No.87) in 1955. Unfortunately, since 1962successive tyrannyGovernments in Burma violated its obligation.

FTUB General Secretary speech at ILO at International ConferenceSession 79 (1992)

Burmese Tyranny Regime and Forced Labour

The RevolutionaryCouncil which stage militarycoup de-tat in 1962 abolished farmers and workersassociations. The council, Burmese Socialist Programme Party regime and successive regime usedlarge section of the population as compulsory or forced labour associated with threat to the life andsecurity, extortion of money, torture, rape, murder, extrajudicial punishment of those unwilling, slowor unable to comply with a demand forced labour: such punishment or reprisal range from moneydemands to physical abuse, beatings, torture, rape and murder. The report of the Commission alsostated that porters including women are often sent ahead in particularly dangerous situation as insuspected mine fields, and manyare killed or injured. Similarly, on road building projects,

State Law and Order Restoration Council (SLORC) and State Peace and Development Council(SPDC) the present regime used massive forced labour in the projects of joint ventures, Yadananatural gas pipe line project, for instance, the project of state enterprises and construction ofinfrastructures such as motor roads and rail roads construction, beautification of the cities in order topromote tourism, irrigation, plantations and construction of armybarracks Civilian are also used asporters to carrymilitarysupplies in militaryoperations. (eg. Ye-Tavoy death Rail Road Construction



and Yadana Gas Pipe Line Project. The FTUB took initiative and helped Burmese villagers tofile a law suit against Oil giant Unocal Corporation and Unocal Oil company of California forusing forced labour in its million dollar Yadana Natural Gas PpipeLline in Southern Burma . )

The FTUB Effort to Combat Forced Labour

The Federation of Trade Unions Burma (FTUB) documented forced laour practice in Burma for thesubmission to the ILO through the International Confederation of Free Trade Unions (ICFTU). In1992General Secretary of the FTUB attended 79th Session of the International Labour Conference,as a representative of the International Union of Food andAllied Workers’Association and reportedwidespread forced labour practice in the country to International Labour Conference (ILC). TheGeneral Secretary and representatives of the FTUB, as a part of ICFTU/ICTU delegation, attendedthe ILC and report the Conference of trade union rights violation in the country. Since thenThe FTUBand its affiliated trade unions consistentlydocumentedWell founded forced labour practice of Burmeseauthorities for submission to the ILO through ICFTU/ITUC. The FTUB with the support of International Trade Union movement urged the ILO to takeaction against the Burmese regime to eradicate forced labour in the country.

Because of wide spread and systematic use of forced labour and appalling situation in Burma,Commission of Inquirywas appointed byGoverning Bodyin March 1997 under article 26 of the ILOconstitution. The Commission received a mandate to examine the observance byBurmaof the ForcedLabour Convention, 1930(N0.29), following complaint by the 25 workers delegates to the 83rd

sessionoftheInternationalLabourConferenceinJune1996. In thecourseof its inquiry, theCommissionreceived over 6,000 pages of documents and heard testimonygiven byof representatives of a numberof non-governmental organizations and bysome 250 eye witnesses with experience of forced labourpractice.

With the assistance of InternationalTrade Union Confederation (the then International Confederationof FreeTrade Unions), FTUB also managed to testify four witnesses, two FTUB members, Saw MinLwin, Secretary of Trade Union Rights and Human Rights Department and Naw Wah Wah Htoo,secretary of Women Affairs Department of the FTUB and two former forced labours, beforeCommission of Inquiry in Geneva in November, 1997. The Government of Burma, which has beeninvited to take part in the proceeding, abstained from attending the hearings and did not authorise avisit by the Commission of Inquiry to Burma. The Burmese authorities stated to in response to initialcompliant and supplementary evidence that they are aware of the criticism made by workers grouprelated to the use of force labour in Burma.

The FTUB continue documented some of the well founded forced labour taken place even after theregime of Burma had issued “Order No. 1/99 of 14 May 1999” and has communicated to the ILOandsubmitted information.

ILO invited successive Burmese regime to bring the country legislation into line with Convention No.29 on Forced Labour and No. 87 on Freedom of Association and the Protection of the Right toOrganize, which Burma ratified in 1955.

The government of Burma failed to complywith the Convention 1930 (No.29) and to take necessarysteps to bring the relevant legislative texts, in particular, 87th Session of the International LabourConference adopted a Resolution on the widespread use of forced labour in Burma and resolved



A) that the government of Burmashouldcease to benefit fromanytechnical cooperationorassistancefrom the ILO, except for the purpose of direct assistance to implement immediately therecommendation of the Commission of Inquiry, until such time as it has implemented the saidrecommendation:

b) that the government of Burma should henceforth not receive any invitation to attend meetings,symposia and seminars organized by the ILO, except such meeting that have the sole purpose ofsecuring immediate and full compliance with thesaid recommendations, until such timeas it hasimplemented the recommendation of the Commissionof Inquiry.

Shortlybefore 87th Session of the ILC, Ministryof HomeAffairs of issued an order Government ofBurma issued an order of instruction not to exercise power under certain provision of the TownsAct, 1907 andVillageAct, 1907. General Secretary (1) of the SPDC issued another supplementaryorder in 2000 in order to argue ILO that the regime has strengthened the order of Ministryof HomeAffairs to forbiddencolonial time law authorisinglabour requisition. But the regimenever attempt topromote awareness of the existence of both orders.

The ILOAction on Burma in 2000

The Committee of Experts on theApplication of Conventions and Recommendations had issued areport, based under article 22 of the Constitution, assessing the observance of Convention No. 29,andtheimplementationof theCommissionofInquiry’s recommendations.TheCommitteeconsidered,at the end of an extensive report, that none of the conditions had been fulfilled.As the Governmentof Burma failed to take any step to improve the practice of Forced or Compulsory labour in thecountry, the International Labour Conference in June 2000 adopted an unprecedented resolution(257 in favour, 41 against, 31abstention), the ILO calledBurma to take concreteaction to implementthe recommendations of a 1998 Commission of Inquiry which found that resort to forced labourwas widespread and systematic or ILO would spearhead a campaign directed to the rest of UNsystem an governments to further exclude Burma from the international community.

This is the first time in the ILO’s 81 year history that the Conference has had recourse to measuresunder article 33, a procedure that is designed to be invoke only in the event of a country failing tocarryout the recommendation of an ILO Commission of Inquiry,which is itself aprocedure reservedfor grave and persistent violations of international labour standards.

Under the terms of the resolution adopted, a series of measures took effect on 30th November of2000. The measures adopted include:

Placing the questingof the implementation of the Commission of Inquiry’srecommendations on the agenda of future sessions of the Conference and to setaside a special sitting of the ILO’s committee on the application of Standard toexamine the matters so long as Burma has not been show to have fulfill its obligations:

Recommendation to the Organizations constituents as whole-governments,employers and workers-that they review their relationship with Burma and takeappropriate measures to ensure that such relations do not perpetuate or extend thesystem of forced or compulsory labour in the country and to report back to the ILOGoverningBody.



Inviting Director General of the ILO, Mr. Juan Somavia, to inform internationalorganizations working with the ILO to reconsider any cooperation theymay beengaged in with Burma and , appropriate, to cease as soon as possible any activity thatcould have the effect of direct or indirect abetting the practice of forced labour orcompulsory labour.

Inviting the Director General to request the United Nation’ Economic and SocialCoucil(ECOSOC) to place on the agenda of its July 2001 session an item concerningthe failure of Burma to implement the recommendations contained in the report of theCommission of Inquiryand seeking the adoption of recommendations directed by(ECOSOC) or by the GeneralAssembly or by both, to government and otherspeicialised agencies to ensure that byhteir involvment theyare not directlyor indirectlyabetting the practice of forced labour.

Requesting the Director General to submit to the Governing Body a periodic report onthe out comes of measure directed to international organization and United Nations andto inform those entities of anydevelopments in the implementation byBurma of therecommendation of the Commission of Inquiry.

Ahigh level team from ILO visited to Burma in February 2002. During the visit High Level Teamdiscussed with Burmese authority to open a Liaison office and appoint an officer.Appointing of aliaison officer of the ILO was agreed and an officer was appointed on May 6, 2002 to cooperate withGovernment of Burma but the Burmese regime still rejects to allow a liaison office of ILO in thecountry.At that time high-level ILO delegation Burma was unable to meet the top leadership of theSPDC in order to obtain clear commitments to end forced labour. For this reason, it cut its visit short.The USDA and other junta-controlled mass organizations verballyattacked the ILO on a dailybasis,and called for Burma to withdraw from the organization.

During the months ofAugust and September 2006, the ILO Liaison Officer in Rangoon received 21written death threats at the end of the year. The SPDC was activelyconsidering the option of quittingthe ILO.As the SPDC’s relations with the ILO have soured, citizens and advocates are being targetedwhen theybring information to the ILO concerning the authorities’use of forced labourand seizures ofland and property.

Supplementary Understanding

In the frameworkof theConclusions adoptedbythe95th sessionof the InternationalLabour Conferencein June 2006 in order to give full credibility to their commitment to effective eradicate forced labour,the Government of Burma agreed to and ILO agreed to adopt the present Understanding relating tothe role of the Liaison officer with respect to forced labour complaints channeled through him/her,which supplements the “Understanding between the Government of Burma and International LabourOffice concerning of an ILO Liaison Officer in Burma. The Understanding, singed on Feb 26, 2007andrenewannually,guaranteed thecomplaintsshallnotbeagroundforanyformofjudicialor retaliatoryaction against compliant(s), their representative(s0 or anyother relevant(s) involved in a complaint atany time either during the implementation of the arrangements in the present Understanding or afterexpiration, whether or not the complaint is upheld.



Under the terms of article 33 of the constitution of the ILO, International Labour Conference adopteda resolution approving the measure recommended by the Governing body at its 277th Session (March2000) tosecurecompliancewith recommendationsof theCommissionof Inquiryestablished to examinethe observance by Burma (Myanmar) of its obligations in respect of Forced Labour Convention.,1930 (No. 29) and decided that those measures would take effect on 30 November 2000.

Collaboration of the ILO and FTUB

While the ILO suspended its assistance to the Burmese regime, the ILO extends technical and financialassistance to the FTUB to build capacity of activists of the FTUB in the area of organizing & socialprotection measures for migrants, anti-trafficking initiatives and international labour standards with aparticular focus on Freedom ofAssociation and Forced Labour and to understand instrument andmechanism of the ILO, and how to file forced labour complaint to the ILO. Since 2003, InternationalTraining Center of the ILO/Actav inTuring conducted 6 trade union training workshops for the FTUBand its affiliated organization. FTUB also works closely with ILO Sub regional office in Thailand topromote decent work for Burmese workers inside and outside Burma.With assistance of the ILO theFTUB promote awareness of the anti human trafficking and labour law of Thailand in the Burmesemigrantcommunity

Reference: FTUB & ILO: ILO-G.B















FT

UB

Activities


FTUB 1st Congress 2009International Affair

FTUB General Secretary speech at the COSATU, NACTU & FEDUSAConference in 2000



FTUB General Secretary Maung Maung greets Nepal Congress Party Vice PresidentMr. Sushil Koirala.

Nepal Congress Party Vice President Sushil Koirala lights the lamp to open theBurma conference



ICFTU-APRO Genreal Secretary Noriyuki Suzuki reads the Message of Nepal PrimeMinister G.P. Koirala



John Sweeney, president ofAFL-CIO, presents the award to U Maung Maung, FTUB GeneralSecretary at theAFL-CIO general assembly in Las Vegas



Maung Maung Day in San Francisco, USA(10AUG 2004)

International Affair



FTUB General secretary with Bill Jordan (General Secretary-ICFTU) and trade unions leaders.

FTUB General Secretary speech at International ICFTU/ICFTU-APRO/ITS Conference(Japan, 2001)




(Left to Right) FTUB General Secretary, Bill Jordan, Dr. Min Nyo, Mr. Tin Win (FWUBC)

FTUB GS, FTUBAsst. GS, Secretary of TUR/HR Dept. and leader of ICFTU-APRO/ITSat ICFTU-APRO/ITS Conference (2001)





FTUB Asst. GSwith NepalPrime MinisterG.P. Koirala(Nepal 2002)



Solidarity withAPHEDA inAustralia

Solidarity with ITF



Anti-forced labour campaign, in USA

FTUB General Secretary, campaining for anti-forced labour in USA




On the 7th of October, 2007FTUB was awarded the PadrePino Puglisi award in Palemo,Sicily, Italy

Padre Pino PuglisiAward to FTUB



FTUB 1st Congress 2009Educating & Training

Educating and Training

The FTUB believes that the meaning and representation of education, knowledge, wisdom andintuition are verydeep and complex. That is an issue of school of thought. FTUBrecognizes that thisis the age of knowledge-based societies and knowledge-based economies (KBE).

The Global Labour Market is also shifting rapidly with modern technology development,Multinational andTransnational Cooperation’foreign direct investments and international financialmovement.Therefore, FTUBbelieves, we must invest in our future generation’s education sector inorder to compete, be creative and be able to participate in the global labour market.

As a union, to achieve social-capital growth and social profit maximization, FTUB, can onlyinvest in non-formal education sector. We, the FTUB are constrained by both human and financialresources. The following are FTUB’ Education Programs:

1. Basic andAdvance Trade Unions Trainings

FTUB has been providing basic and advance trade union trainings to working people along theBurma’s borders. FTUB has published some basic and advance trade union rights’book-lets andleaflets. It has translated some TUR-HR related booklets and training manuals in ethnic languagessuch as Karen, Karenni, Shan, Lahu and Mon.More over, FTUBhas sent some leaders and members to be trained byInternational Confederationof Trade Unions Congress- Asia-Pacific Regional Organization (ICFTU-APRO)’ “AdvanceLeadership Course” in Singapore.

2. The ILO’ITC Trainings for FTUB

Since 2003, InternationalTraining Center of ILO/ACTRAV has been givingTrade UnionTrainingon International Labour Standard (ILS) and Freedom ofAssociation (FOA) for leaders and seniormembers of FTUB and its affiliates in Thailand and India. Some senior members and leaders ofFTUB are also trained byILO’International Training Center, ITC in Turin in Italy.

3. The Basic Democracy/ Human Right Trainings

FTUB’ TUR-HR Dept. has been giving basic human rights, women rights, children rights, role oftrade unions in globalization and Burma, basic principles of democracy, Form of State andgovernments, and union-capacity-building entire the Burma’ borders.

4. Basic Education for Children of Migrant Workers

As a social-capital accumulation, FTUB has established “Paramee School” for children of migrantsworkers, it has been providing some human-needs & equipments, creative, collaborative andinnovative education in Karen, Burmese, English and basic Thai language for vulnerable migrantsworker’children in around Mae Sot, a gate way of Thai-Burma border.



Introducing Trade Unionism and International LaborStandards in Burma – as way of eradicating Forced Laborin Burma.

1992 - 2008 Reporting to the International Labour Conference ILC1998 – Providing Forced Labour Witnesses and Testimony to the Commission of Inquiry

ILS trainings

1. ITC-ILO/ACTRAV Course A3-50317Trade Unions Training on ILS/FOAfor Leaders of FTUB andAffiliatesDecember 20032. ITC-ILO/ACTRAV Course A3- 50566Trade Unions Training on ILS/FOA/CB for Leaders of FTUB andAffiliatesJuly 20043. ITC-ILO/ACTRAV Course A3-50964Trade Unions Training on ILS/FLfor Leaders of FTUB andAffiliatesSeptember 20054. ITC-ILO/ACTRAV Course A3-Trade UnionsTraining on ILS/Migrant Worker Rights for Leaders of FTUB andAffiliatesDecember 20065. ITC-ILO/ACTRAV Course A3-Trade Unions Training on ILS/FOA/CB for Leaders of FTUB andAffiliates December 20076. ITC-ILO/ACTRAV Course A3-Trade Unions Training on ILS/Migrant Worker Rights for Leaders of FTUB andAffiliates January2009

ICFTU-APRO –Advance Leadership Course Trainings

1. ICFTU-APRO / OTC INSTITUE / JILAF8thAdvanced Leadership Course 19992. ICFTU-APRO / OTC INSTITUE / JILAF9thAdvanced Leadership Course 20003. ICFTU-APRO / OTC INSTITUE / JILAF10thAdvanced Leadership Course 20014. ICFTU-APRO / OTC INSTITUE / JILAF11thAdvanced Leadership Course 20025. ICFTU-APRO / OTC INSTITUE / JILAF12thAdvanced Leadership Course 20036. ICFTU-APRO / OTC INSTITUE / JILAF13thAdvanced Leadership Course 20047. ICFTU-APRO / OTC INSTITUE / JILAF14thAdvanced Leadership Course 2005

Educating & Training



Trade Union and Democracy Training, Bangkok (1993)



1st TU Training -Delhi

TU Training for Naga



Economic Training Program

Our organization (FTUB) is concentrating on “introduction of basic economicsconcept and training on discussing the concept of research and pilot survey (poverty -socio-economic indicators- selected group in Thai-Burma border Karen area).

We arranged five training in the Thai-Burma border area (Mon, Karen and Karenni)during the summer breaks in 2001.

The first training was held in Mae Sot (according to the security we arranged thisprogram at Mae La village- during the 23.4.01 to 25.4.01) as follows.According to the joint program between NDF and FTUB, our economic team had traveledto the Karen area (Thai-Burma border) to provide the training of basic economics conceptand poverty - socio-economic survey for Burmese ethnic minorities-students, democracyactivists and trade unionists, living in exile along the Thai-Burma border area. This programintend to support the following objectives:

(1) To support the democracy movement in Burma; especially, discussing the basiceconomics concepts.

(2) To understand the research methodology and the concept of research questionnaires.(3) To collect the socio-economic data for the poverty survey.(4) To understand the concept of economic planning and the plan experience of Burma.(5) To understand the current economic situation in Burma and world economy.(6) To explain the relationship between the political and economy.(7) To explain the effect of ILO’s economic sanctions on the military regime in Burma.

Aims & objectives:To encourage the understanding of the basic economics concepts, economicplanning & plan experience in Burma, research methodology, briefing thepoverty-socio-economic survey questionnaires and discussing the economicsanctions report of FTUB.

FTUB’sEconomic trainingprogram for migrantworker conducting in2000,Sangkhlaburi,Thailand



Economics Trainings Conducting by FTUB in Thai-Burma border areas, 2001

Computer reparing training for FTUK members in Mae SotConducting by FTUB (1999)



HIV/AIDS Programme

AIDS Initiative for Mobile and Border Populations (AIMBP)1 May 1999 - 29 February 2000 & 1 April 2000 - 31 July 2001

A Project supported byUnited States Agency for International Development (USAid)

The joint program of Federation of Trade Unions Burma and Solidarity Center/Thailand’sAIDSInitiative for Mobile Border Populations (AIMBP) team implemented project activities from 1May 1999 - 29 February 2000 and 1April 2000 - 31 July 2001. During the course of the project,AIMBP implementedplanned activities to educate the targeted population on HIV/Aids awarenessand education. AIMBPimplemented different programs deemed appropriate for different projectsafter consultation with local ethnic organizations, who were local partners of theAIMBPand therecipientcommunities.

The main programs included a cross bordermedicsprogram,BasicHealthResourceUnit(BHRU) program, Peer Educator Programand Sub-grant programs and werecomplimented bycapacitybuilding training,production of Information, Education andCommunications (IEC) materials andcondom promotion and distributions.AIMBP had six different projects; the LahuProject, Shan Project, Karenni MedicsProject, Karen Medics Project, Mon MedicsProject and Migrant Project. DifferentMeeting at Shan BHRU in Lak Taeng, Chiang Mai Province

projects implemented different programs that were appropriate to the geographical and securitysituations of the target areas.

Project sites were situated either along the Thai-Burma border or different States inside Burma. Thetargetpopulationof theoverallprojectwasethnicpopulations livingalongtheborder,migrantworkersfrom Burmaworking in Thailand, InternallyDisplaced Persons (IDPs) and ethnic populations insideBurma where theyare at riskof HIV/Aids due to their geographical location and economic situation.

Sub-grant programs were awarded to five different local organizations to carry out HIV/Aidsawareness and education activities. Three organizations implemented education activities in Karenand Karenni States of Burma, one organization carried out education activities in different Karennirefugee camps in Mae Hong Son province.

Altogether 187 medics from Karen, Karenni and Mon health organizations were trained on HIV/Aids and Universal precautions with the provision of medical supplies. Along with the Sub-grantprogram, theAIMBPproject trained 836 Peer educators along the border as well as inside Burmato convey HIV/Aids messages to the communities. More than 86,000 people were educated onHIV/Aids and medical services were provided for more than 35,000 people in the target areas.



AIMBP alsodeveloped andproduced different typesof Information, Educationand Communicationsmaterials in Burmese, Karen (2 different languages), Karenni, Mon, Lahu, Shan languages anddistributed these materials in the target areas as well as in Japan and Korea to the Burmese migrantpopulation working in these countries.

The project as whole also promoted condom usage and distributed condoms though not on a largescale. The Ministry of Public Health Thailand provided condoms to be distributed to the targetpopulation. Fromthebeginningto theendof theproject,more than400,000condoms weredistributedto the target population in Thailand and Burma.

AIMBP also built the trust of the communities and organizations along the border as well as differentparts of Burma during the project that will be of great value for the future education activities.

Trainees practicing how to use condom for preventing HIV/AIDS




Organizing Training Conducting by FTUB

FTUB Chong Hna Kwa team Organizer Training 10th Nov 05 – 17th Nov 05

Sangkhlaburi,Thailand

Workshop on The Ruleof Civil Society



ILO Training

ITC-ILO/ACTRAV Course A3-51645, Thailand (2007)

Training on ILS/FOA/CB India (2004)

Trade Union Training & Decent Work for Migrant Workers, Thailand (2009)



Women Educating Training


TUR/HR and Women Rights Training in Bangkok

TUR/HR and WomenRights Training inMaesot



Women Training by CISL and ILO


FTUB 1st Congress 2009FM Radio

FTUB FM Radio

In 2005, FTUB-BIDD and FNV agreed FTUB would operate an FM Radio BroadcastingProject (TH003011) with FNV support. The broadcasting project would operate three FMstations: Station A in southern Burma, Station B in middle Burma and Station C in northernBurma. Station C would broadcast using a 150 watt transmitter targeting especially Karenni,Kayah State. Station B would broadcast using a 300 watt transmitter targeting Mon area,Rangoon and irrawaddy delta area. Station A would broadcast using a 150 watt transmittertargeting Dupalaryar district, Karen State and Mon State.

Each station would re-broadcast Burmese language news from the BBC, VOA, RFA andDVB as well as original programming from FTUB on human and workers’ rights. Thenews and public information programs, interspersed with Burmese music and culturalprograms, would be broadcast in two hour segments, twice per day, at fixed times andfrequencies, every Saturday, Sunday and Monday. The broadcasting frequency are 88 MHZand 99 MHZ.

Station - C

Location of Station C in Nothern Burma

MeetingwithFNV and production studio staffs

Production Studio D


FTUB 1st Congress 2009Migrant Affair

Practical help — School for children of Migrant workers

Many children of migrants are born on Thaisoil. All face the same fate of growing up in ahostile land where they are denied legalexistence, which consequently robs them ofothers, basic rights such as education, healthand employment.1

Migrant children have no access to formalschooling because they are not included in thebasic education provide by host country

situation. Therefore, fewer than sixteen-year-old children are working in processing factories.As children of migrant workers, they cannot go to school in Thailand when they become oldenough. Although Thai law says that all children in the country must receive birth certificatesand education, the authorities view children of migrant workers as exceptions to the rule.Children whose parents are illegal workers will have no nationality. Dramatically increasingmigrant children are stateless while their parents are working abroad.

As of 2002, almost 50,000 migrant babies had been delivered in Thailand hospitals, whilemany more have been home-birthed. Moreover, migrant children have no right to educationor access to public schools, and laws that child fail to protect migrants2.

Thailand lifted its reservation on Article 29 of the UN Child Convention in 1997, whichguarantees the rights of all children to access education in all states which ratified theConvention.

FTUB has established “Hsarthulay” and “Parame”, two schools to provide education forchildren of migrant workers at Mae Sot since 1999. FTUB allows the children to attend theschool free of charge.

FTUB supports these two schools for houses rent, assistance for teachers, daily meals forchildren and school ferry. Lack of finance limits the ability of the schools to operate effectively.The teachers are very dedicated, with only a small salary and their duties extend beyond theclassroom to include social work and child welfare.

1 Bangkok Post : August 7, 2003

2 Bangkok Post: August 7, 2003



Tsunami Assistance

The devastating tsunami of December 26, 2004 in the Indian Ocean region caused the loss ofmany lives and great amount of destruction, which in turn resulted in loss of jobs in the areasof southern Thailand. Burmese migrant workers were affected more than their Thai brothersand sisters.

Loss of income for several months immediately after the tsunami affected migrants’ financialability to renew their work permits to work in Thailand legally. With the assistance of ILOand the IOM, FTUB was able to provide support grants worth 1,900 baht/worker, for the one-year health care insurance component of the registration which is one of the requirements forthe renewal of a work permit. The support grants were provided to 527 workers and theirfamily members in Phuket and Ranong provinces.

On average, across different sectors where the workers were employed, they earned 3,682.14baht/month prior to tsunami with lowest level being a mere 1,500 baht/month and highestlevel being in excess of 7,000 baht/month. Nonetheless, the average salry earned by migrantworkers prior to tsunami was still less than the minimum wage level set by the Thai Ministryof Labor, although it should be noted that the standard minimum wage differs from provinceto province.

There has been no improvement in the wages of the migrant workers after the tsunami due toshortage of work. However, the 527 grantees would be able to live and work legally inThailand at least until end of June 2006.

Some of the grantees receiving the fundstogether with the Manager

(Phuket Province)

Workers gathered to receivesupport grants.

The program provided supportgrants to 409 workers in Phuket.



Ranong Province

Distribution of support grants coveredvillages number 2,3,4,5 and 7 ofKamphuan sub-district, Suksamrandistrict, Ranong province. A total of118 workers received support grantsin the area.

It was learnt during the rapidassessment that one of the mostessential needs of the migrant workerswas the recovery of the legalidentification/documentation and the

Secretary of the FTUB’s Migrant Department (right)providing grants

costs involved in the annual renewal (startinginJune2005)of theThaiGovernmentmigrantworker documents providing legal status towork. The migrant workers had alreadyanticipated at the time of the rapid assessmentthat they would not have enough money forthe work permit registration cost (3,800 baht).

With the budget made avilable by IOM forthe partial registration fee of 1,900 baht formedical insurance, the ILO provided therequired administrative expenses to supportFTUB as it located, and provided supportgrants for 527 migrant workers.

FTUB President Hla Oo handing over the check toEmployer Sulaiman Saoo

The assistance of ICFTU-APRO, the FTUB was able to provide grants worth 3,800.00 baht/worker,for the work permit renewal tovulnerable Burmese migrant workers in the three provinces of Ranong,Phang Nga and Phuket.



FTUB Pre-Congress Meeting(January 2009)

Opening speech by Mr Arum Khumer (ILO)



Mayday activity inside Burma





Vio

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Violations of Trade Union Rights in Burma

Workers and farmers of Burma enjoyed trade union rights brieflybetween 1948 and 1962.Although Burma is a members state of the International Labour Organization(ILO) and ratifiedFreedom ofAssociation Convention No.87 in 1955 Freedom ofAssociation and Trade Unionswere banned in Burma since democratic of elected government was over thrown and militarycameinto power in 1962, and established tyrannydictatorship in thecountry. Under the rulingof BurmeseSocialist Programme Party (BSPP), Workers and Farmers associations, in theory, were allowed tosetup but these organizations were totally controlled by the Government. Successor of the BSPPregime continued the total suppression of trade unions and its members in Burma, where tradeunions are banned and independent trade unionists must work underground. The State Law andOrder Restoration Council (SLORC), previous name of State Peace and Development Council(SPDC) and SPDC regime continues to do arbitrary ruling for everything and everywhere.Independent trade union leaders are punished with heavy prison sentences.

TRADE UNION RIGHTS IN LAW

Obscure legislation

It is difficult to have a clear idea of the legal system in force. Burma’s legislation is a combination ofold British common law that dates back to English colonial rule, as well as other laws remainingfrom the period before the present military regime took over power, and more recent legislation inthe formofmilitarydecrees andorders issuedbythemilitaryjunta.Anylegal institutionsstill existingin Burma can be overruled bymilitary decrees or bythe action of anypowerful official.

Burma’s one-party Constitution, which dates back to 1974 but was suspended in 1988, providesfor freedom of association, in theory. In a communication to the ILO dated 23 September 2004,the SPDC claims that since the Constitution was suspended, it is not possible to legallyestablish atrade union in Burma that conforms to the requirements of ILO Convention no. 87. However, theSPDC hasno difficulties in enforcingcolonial andmore recent legislation, as well asmilitarydecreesandorders (whichtakeprecedenceoveranyother legalprovision) that imposesevere legal limitationson this right.

In particular, much of the British-era legislation has so far not been repealed, amended or officiallyabrogated. This is the case with the 1926 Trade UnionAct which has been the subject of commentbythe ILO for manyyears. Oneof the problems in the law is the excessivelyhigh threshold requiredto establish a trade union (50 % of workers must belong for the union to be legally recognized). In1964, the Law Defining the Fundamental Rights and Responsibilities of the People’s Workers wasadopted. The 1926Trade UnionAct remained in force in so far as it was compatible with the 1964Law.Formanyyears, theILOhassought,without success, toobtainclarificationfromthegovernmenton the extent to which the 1964 Law had repealed the Trade UnionAct.

Single trade union system

Moreover, the 1964 Law establishes a compulsory system for the organization and representationof workers, which is contrary to ILO standards. The 1964 Law was amended in 1976. In its 1977comments, the ILO noted, however, that the Law as amended still “… imposes a single trade union

Violation of TUR in Burma



system contrary toArticle 2 of the Convention [No. 87], under which workers have the right to formorganizations of their own choosing”. That situation remains unchanged.

Other restrictions are imposed under the 1929 Trade Disputes Act. This Act, amended in 1966,appears to define the means of resolving industrial disputes. However, a number of provisions appearnot to be in conformity with freedom of association. These concern, for instance, the power of thePresident of the Union of Burma (former name of the country, changed by the SPDC to “Myanmar”)to refer trade disputes to Courts of Inquiryor to Industrial Courts, the definition of public utilities, thedefinition of a trade dispute and that of a strike, as well as the circumstances under which strikes canbe held, and the criminal sanctions facing workers who violate these provisions. On the other hand, itis difficult to assess whether thisAct is still in force, and the ILO has so far proven unable to obtainfirm explanations from the government on this subject.

Restriction for freedom of association

One such example is Order 2/88 on the Organization for Building Law and Order in the State, issuedon 18 September 1988 by the State Law and Order Restoration Council (SLORC – the then currentregime SPDC). It prohibits any activity by five persons or more, such as “gathering, walking ormarching in procession … regardless of whether the act is with the intention of creating disturbancesor of committinga crime or not.” It furthers bans the opening of “strike centres regardless of whetheror not the intent is to create disturbances or to commit crime”. It adds that, “No one is permitted toblock roads or to demonstrate en masse” or “interfere or obstruct people carrying out securityduties”.Order 2/88 is further strengthened by the 1908 UnlawfulAssociationAct which, under its Section17.1, provides that “whoever is a member of an unlawful association, or takes part in meetings of orreceives orsolicits contributions for an association … shall bepunished with imprisonment of not lessthan two years and not more than three years.”Furthermore, on 30 September 1988, the military regime issued Order 6/88 known as the Law onthe Formation ofAssociations and Organizations.This Order states that all “organizations shall applyforpermissiontoformtotheMinistryofHomeandReligiousAffairs”. Italsoprovidesthat“organizationsthat are not permitted shall not form or continue to exist and pursue activities.” The definition of“organization” in the Order, is extremelydetailed and sweeping, and includes “an association, society,union, party, committee, federation, group of associations, front, club and similar organization that isformed with a group of people for an objective or a programme either with or without a particularname.” There is no doubt that Order 6/88 applies to workers’ and employers’ organizations, andmeans that theyhave to requestprevious authorization from the military to be establishedor to pursuetheir activities. This is a blatant violation of ILO Convention 87. Penalties provided in the Order forpunishing violations are particularlyharsh and mayentail imprisonment of up to five years.

In recent recommendations to the SPDC, the ILO Committee on Freedom ofAssociation summedup the situation by noting that “…currently there is no legislation that affords a legal basis to therespect for, and realization of, freedom of association in Myanmar…” and calling on the SPDC todevelop such legislation, while also immediatelyabolishing Orders 2/88 and 6/88.

TRADE UNION RIGHTS IN PRACTICE

Whatever the written law, in practice, workerswho fight to redress oftenatrocious working conditionsin turn face threats, violence andmurder bythe authoritieswho equate trade unionism with treasonousbehavior.




No trade unions allowed

All trade unions that existed before the present military regime came to power have been disbanded.There is a complete lack of legally registered workers’ organizations in Burma. Any workers’organization in Burma has to function undergroundand its members face constant threat of repressionand reprisal, including detention, torture and criminal prosecution.

FTUB – forced to work underground (include education and humanitarian)

The independent Federation ofTrade Unions Burma (FTUB) has been forced to operate clandestinelysince its inception in 1991. It maintains structures both inside and outside the country. It is the effectivevoice of over 1.5 million Burmese migrants working in Thailand. But the FTUB also maintainsunderground unions inkeyindustrial sectors, such as textile and garmentAgriculture in Burma proper,and operates in all the major cities of the country. It started to do education assistance to monasteryeducation and other higher education since 1995.

FTUB accused of terrorism.

The General Secretaryof the FTUB, Maung Maung, had to leave the countryat the time of the 1988militarycrackdown, owing to his involvement in the democratic trade union movement. He is underconstant attackfromtheSPDCregime,whichcontinuallyaccuseshimof leadinga terroristorganization,and being involved in bombings, planned assassinations, and other violent activities. During the year,he was prominentlymentioned in virtuallyeverySPDC public relations attack on Burma democracycampaigners in exile. He was also accused byrepresentatives of the Ministryof Labour of deceivingthe ILO to take action against Burma, and was prominentlyvilified at rallies organized throughout thecountrybygovernment controlled civic organizations, like the USDA, theMyanmarWomen’sAffairsFederation, and the War Veterans’Organization.

Seafarers repressed, even overseas.

Violations

Independent trade union leaders are punished with heavyprison sentences. FTUB Central ExecutiveCommittee members, U MyoAungThant and U Khin Kyaw, were arrested together with their wivesrespectively in June 1997 in Burma’s capital, Rangoon. MyoAung Thant was a member of theAllBurma Petro-Chemical Corporation Union, formed in 1988. He was charged with high treason formaintaining contacts with the FTUB and tried at a secret trial where he was denied the right to legalcounsel. Government newspapers reported that he was sentenced to life imprisonment.

However, as shown in a communication to the ILO Committee on Freedom ofAssociation on 28January 2005, the SPDC now states MyoAung Thant was jailed for ten years for high treason under




section 122(1) of the penal code, plus seven years for violations of the EmergencyProvisionsAct,plus three years for violating the UnlawfulAssociationsAct.

MyoAungThant is detained in a remote part of the countryat Myitkyina Prison in Kachin State, and,according to his family, was in the course of 2005 held in solitaryconfinement in a small, windowlesscell.

Khin Kyaw is a member of the Seafarers’ Union of Burma. He was also arrested in 1997 along withhis wife. He had earlier been detained for trade union activities in 1993 and had been tortured indetention. The authoritiesnever stated the chargesmade against him. TheFTUBreceived informationin the past that he was sentenced to 17 years in prison and was held in Thayarwaddy Prison in Pegudivision.

On August 4, 2002 Saw Mya Than, a member of the FTUB shot dead by soldiers of ruling andmilitarycontrolled SPDC.

In November 2003, nine democracy and labour right activists were sentenced to death on trumpedcharges fabricated bymilitary intelligence. Charges were brought against three of them, Shwe Mhan,Nai Min Kyi and Aye Myint on the ground of making contact with the ILO and in possession ofpublication of the ILO.

The FTUB facilities and its members were attacked by the militaryon MayDay2002 in Karen State.

Thet Naing,another underground FTUBleader,was arrested in 1998 for his role in leading a workers’protest at the Yan Ze Kyang garment factory He was released from Myitkyina prison in November2004 after serving a seven year sentence. He was tortured heavilybymilitary intelligence and policeduring his interrogation at Pegu MI 3 camp.He continues to be affected bynerve damage suffered from that torture, and subsequent mistreatmentwhile in jail.

Aye Myint, a lawyer who is a FTUB member was charged with High Treason and released fromprison in 2005 brought to the attention of the ILO the complaints of residents in Phanungdawthivillage tractwho claimed their landhad beenseized bythe military.Authoritiesalleged thatheprovidedincorrect andfalse information in the complaint and arrested himon 27August, 2006. He was chargedwithviolatingsection5(e)ofthecatch-allEmergencyProvisionsAct.Thetrialdidnotmeet internationalstandards, and the verdict was predetermined. On 31 October, the Daik-U Township Court in Pegudivision found him guilty, and sentenced him to seven years in prison.

In 2006, the SPDC arrested seven members of he family of the FTUB member and activist TheinWin at their houses un Pegu city.While in detention and in the process of interrogation several malemembers of the family were tortured. Theywere each sentenced to 18 years imprisonment.

In May2007, six union activists were arrested for organizing and implemented MayDayevent at theAmerican Center byauthorities.All of six were subjected to intensive andheavyhanded interrogation.Theyweresentenced for a totalof 20 year imprisonmente.Three of them wereconvictedof associationwith theFTUBundersection 17(1)of the UnlawfulAssociationAct forwhich theyreceived additional5 years sentences.




In November, 2007 UTin Hla, an electrician with theBurma RailwayCorporation active in the BurmaRailwayUnion, arrested along with his entire family, while his familywas later released,Tin Hla wascharged under section 19(a) of the penal code for possession of explosive which were in fact electricwires and tools in tool box.After a brief trial, he was sentenced to 7 years in prison. In reality, Tin Hlacrime was his active efforts toorganize workers from the Railways in other sectors to support uprisingin September 2007.

On November 13, 2008, Su Su Nway, a labour activist was sentenced to 12 years and 6 months oncharges encouragingassemblyof persons disturbingState tranquility, obstruction thework of officials,and issuing communication that interfere with Burmese relations with other nations.Appeals for herimmediate release by the ILO Governing Bodywere unsuccessful. Su Su Nwaywas the activist whobroughtaforcedlaborcomplaint totheILOwhichsubsequentlyresulted in the firstsuccessfulconvictionof four local Burmese officials for procuring of forced labour.

The Seafarers’ Union of Burma (SUB), originally organized by the FTUB, and now affiliated to theFTUB and to the ITF, is also illegal in Burma. The SUB seeks to protect Burmese seafarers sailing onforeign ships, mostly under flags of convenience (FOCs). Burmese seafarers typically have to paythree months’ wages in advance to state-controlled or private shipping agents in Rangoon before theyare allowed to take up their assignments on foreign ships. Their contracts are also subject to approvalby the regime-controlled Seaman’s Employment Control Division (SECD). As a condition ofemployment, seafarersarerequired tosit throughlectureswhereSECDofficials - includingtheDirector,Thaung Kyai - verbally warn them to stay away from the SUB and the ITF, and refer to the SUB asan underground organization undertaking illegal political activities. Once aboard, theyare prohibitedfrom complaining about their working and livingconditions, which are notoriouslybad aboard FOCships. The SPDC and SECD have retaliated against seafarers who sought or accepted assistancefrom the SUBor the ITF. Retaliation includes a range of punishments, including imprisonment, seizureof repatriated wages, suspension of licenses, and blacklisting so that the seafarer is unable to obtainanother overseas seafarer position. The SPDC and SECD also use the MOSA to deter seafarersfrom becoming involved with the SUB or ITF.


Reference: - ICFTU/ITUC : Violation of Trade Unions in Burma


FTUB 1st Congress 2009Violation of TUR in Burma





CISL’s International “GUILIO PASTORE”AWARD for FTUB’s Leader MYOAUNG THANT



Address:P.O Box 1270GPO10501BangkokThailandWebsite: http://www.ftub.org

Documents

FTUB Congress 2009