A/79/159
international standards. 112 In Ukraine, trade unions have reportedly been banned in
all territories occupied by the Russian Federation, including the Autonomous
Republic of Crimea, and workers have faced an increased risk of exploitation, 113 and
the Government of Myanmar made a declaration of non-recognition of 16 trade
unions and civil society organizations after the coup d’état of 2021. 114 Obstacles with
regard to registration have also been reported in countries such as Algeria, Belarus,
El Salvador and Pakistan. 115
32. Even when workers’ organizations are able to register, many face various
obstacles in practice. In the People’s Republic of China, the Labour Union Act of
2022 grants trade union rights to all workers, including migrants. However, those
employed in the distant water fishing industry encounter disproportionate challenges
in exercising their freedom of association. In this regard, the Indonesian Seafarers’
Gathering Forum, the main union for migrant fishers in the distant water fishing sector
of the People’s Republic of China, reportedly experienced arbitrary interference by a
vessel owner of the People’s Republic of China and a lack of timely Government
response thereafter. 116 In Bahrain, although the General Domestic Workers Trade
Union was established in June 2023, there were long delays in finalizing the
registration. 117 Further, in Senegal and Uzbekistan, authorization or approval must be
obtained from the Government for workers’ organizations to be formed and conduct
their activities, 118 and sanctions are imposed for organizing or joining an organization
that is not officially recognized in accordance with the Trade Union Act in Trinidad
and Tobago. 119
33. A related issue is that workers in some parts of the world can only join bodies
established by the State, which significantly undermines the independence of these
organizations. In Central Asia, although Turkmenistan ratified both ILO Conventions
Nos. 87 and 98, there is reportedly no right to establish independent organizations in
the country, 120 which limits the ability to address State-imposed forced labour. 121 In
Yemen, the Law on Trade Unions specifically refers to the General Federation of
Trade Unions, making it impossible for others to be established. 122 Similarly, the AllChina Federation of Trade Unions is the only authorized workers’ organization in
China, 123 and the Government of Cuba reportedly prohibits the establishment of
independent entities, and workers are obliged to join the country’s official union, the
Workers’ Central Union of Cuba. 124
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Submissions by Maat for Peace, Migrant-Rights.org and Coalition on Labor Justice for Migrants
in the Gulf; and Country briefs of United Arab Emirates, Oman and Saudi Arabia available from
www.ilo.org/publications/country-briefs-regulatory-frameworks-governing-migrant-workersarab-states.
Submission by Association of Reintegration of Crimea.
CEACR Observation on Myanmar (Freedom of Association and Protection of the Right to
Organise Convention, 1948 (No. 87)) adopted 2023, published 112 th ILC session (2024), available
from Normlex Database; and ILO “Towards Freedom and Dignity in Myanmar”(2023), 16.
Submission by Confédération Syndicale des Forces Productives, and Hari Welfare Association;
CEACR Observations on Algeria and El Salvador (Convention No. 87) adopted 2023, published
112th ILC session (2024), available from Normlex Database; and E/C.12/BLR/CO/7, para. 27.
Submission by Global Labour Justice.
Submission by Coalition on Labor Justice for Migrants in the Gulf.
E/C.12/SEN/CO/3, paras. 22 and 23; and E/C.12/UZB/CO/3, para. 34.
Submission by Trinidad and Tobago.
Submission by Cotton Campaign; and CEACR Observation on Turkmenistan (Convention
No. 87) adopted 2022, published 111th ILC session (2023) available from Normlex Database.
CCPR/C/TKM/CO/3, para. 32; CEDAW/C/TKM/CO/6, para. 41; and AL TKM 2/2021.
Arts. 2, 20 and 21; and E/C.12/YEM/CO/3, para. 39.
E/C.12/CHN/CO/3, para. 55.
CEACR Observation on Cuba (Convention No. 87) adopted 2023, published 112 th ILC session
(2024), available from Normlex Database.
24-13043
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