Jun 07, 2003

ILO and forced labor in Burma


The International Labour Organization has released its report on developments of forced labour inside Burma
The International Labour Organization has released its report on developments of forced labour inside Burma. Several recommendations and an Action Plan were drawn up by the ILO for the Burmese government to implement.

The ILO session was a follow up to developments from July 2002 to March 2003 during which time a new Liaison Officer was appointed, Ms. Hông-Trang Perret-Nguyen to work with the Director General and Minister of Labour, Mr. U Soe Nyunt, the Liaison Officer took up her post in October 2002 in Yangon. Ms. Hông-Trang Perret-Nguyen was unable to endorse an Action Plan put forth by the Myanmar government in March 2003; the Governing Body of the ILO found that the Myanmar government’s Action Plan did not meet the minimum requirements to be meaningful and credible in eradicating forced labour in any realistic way.

Background history. The ILO appealed to the Burmese junta to take action to end force labour, especially portering in August 1998. In 1998, the ILO found that forced labour was "generalised and systematic" in Burma. On December 17 1998, it imposed sanctions against Burma under Article 33 of the ILO constitution. The International Confederation of Free Trade Unions immediately called for tour operators to cancel trips to Burma on the grounds that forced labour is used to develop the tourist infrastructure. Sanctions may be working; EU exports in 2000 to Burma totaled €111 million (down almost 90 % to US 1,105 million in 1999); imports from Burma totaled €404 million (down from US2, 260 million in 1999).

Initially an ILO High-Level Team left the country in October 2001, however, forced labour continued and even was reported to have intensified. The ILO Commission of Inquiry following a conference in June 2002 after making initial contacts with government personnel in May 2002 released a report on its observations in Burma taken in September, October, and November 2002 stating that forced labour continues despite the sanctions imposed. Several groups reported cases of forced labour and human rights violations in Burma, including the All Burma’s Students Democratic Front, Narinjara News, ICFTU, Earth Rights International, Human Rights Foundation of Monland and Amnesty International.

The ILO noted that eradicating forced labour involves several barriers in which the government must confront, including the fact that very few villagers were unaware of Order No. 1/99 that forbids compulsory labour; military personnel forcing villagers to give false testimony; villagers being made to pay for information meetings and for the Green Book, information on the law; the self reliant attitude of the military; contempt for villagers by the military; and institutional and financial obstacles. The ILO stressed the need to have Order No. 1/99 made a public act to educate all levels of the military personnel, government ministries and the population. The ILO also stressed the need to have written reports and investigations regarding allegations of forced labour.

Given the lack of success in eradicating forced labour, the ILO has introduced a new Action Plan that involves the dissemination of information; awareness-raising programmes; pilot project for local road construction; expansion of animal transportation; enhancing public awareness of the mechanism to make complaints; specific functions of Field Observation Teams; and the role of the facilitator to deal with allegations of forced labour.

The Action Plan is to be implemented over an 18-month period beginning 2003 July 1, the pilot project will take place in the Myeik region, southern Burma, which includes a systematic search for concrete alternatives to forced labour in that region. The military had introduced the beast of burden, mules and asses to take the place of human labour, but more animals are needed to ensure a steady supply. The mediator/Facilitator mechanism is to help victims of forced labour to seek redress. Part of the public relations campaign is to reach out to the ethnic communities to distribute Orders of the law prohibiting the use of forced labour, written up in pamphlets translated into Mon, Kayin, Chin, Kayah, Kachin and Shan languages.

News bulletins will be distributed once a month to local libraries, government and NGOs. Another part of the Action Plan is to educate military officials and personnel in monthly workshops. The Ministry of Labour will be in charge of seven Field Observation Teams in areas where forced labour is practiced headed by the Field Observation leader, including in Rakhine State, Chairman, Social Security Board; Mon and Kayin State, the Director-General, Office of the Central Inland Freight Handling; Shan State (East), Shan State (South) and Kayah State, Director-General, Factories and General Labour Laws Inspection Department; Tanintharyi Division, Director-General, Office of the Central Trade Disputes Committee; Shan State (North), Deputy Director-General, Department of Labour; and Chin State, General Manager, Social Security Board. The role of the FOT is to identify instances of forced labour and prosecute those responsible.

The Liaison Officer is responsible for working at implementing the Action Plan in the eradication of forced labour and in dealing with forced labour allegations. General Khin Nyunt expressed his government’s support stating that, “the Myanmar authorities wish to have positive and constructive cooperation with the ILO, and we are carefully considering the ILO’s advice on how to change our practices”.

To date the Burmese military is committed politically to eliminating forced labour as stated in its constitution according to ILO convention No. 29 in its legislation, executive and administrative capacities. Burma violated the Forced Labour Convention, 1930 (No. 29), which it ratified in 1955.