BURMA (continued)

Right No.

CONFIDENTIAL

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(v)

(vi)

(vii)

Independence of the judiciary exists in the Constitution but not in fact. Courts are not free from political influence. Under a revised judicial system intro- duced in 1972 members of the ruling Party have been appointed to be judges with legal advice available from former judiciary officers (seldom heeded).

At Independence in 1948, Burma became a member of the ILO but has not ratified many ILO conven- tions, particularly those advo- cating trade unions free of Government influence. Trade unions are prohibited and there is only the ruling party's Central People's Workers Council with limited authority to advance worker's rights. It exists pri- marily to regiment workers to follow the State socialist ideo- logy.

Since 1962 emigration has been virtually banned. Emigration con- trol has recently slightly relaxed to enable Burmese to work abroad. Burmese passports are very diffi- cult to obtain and must be returned to the Government immediately the holder returns to Burma. A Burmese who leaves Burma on a foreign pass- port forfeits his Burmese national- ity and is not permitted to return.

CONFIDENTIAL

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