C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 001631

SIPDIS

STATE FOR EAP, IO, PRM AND DRL
LABOR FOR ILAB
USCINCPAC FOR FPA

E.O. 12958: DECL: 12/18/02
TAGS: PREF ELAB BG BM UNDP UNHCR
SUBJECT: UNHCR CONTINUES TO PRESS BURMA ON FORCED LABOR IN
NORTHERN RAKHINE STATE

REF: A. (A) DHAKA 3468


B. (B) RANGOON 1059

Classified By: DCM Ron McMullen. Reason: 1.5 (d).


1. (C) Summary: UNHCR says that forced labor continues in
northern Rakhine State, but maintains that there has been no
significant new outflow of refugees from Burma. According to
UNHCR's Resident Representative, he has pressed the
government hard regarding forced labor, but may need
additional support to bring the practice to an end. End
Summary.

No New Refugees


2. (C) UNHCR's Resident Representative Rajiv Kapur told
Poloff that there had no significant recent outflow of
refugees from northern Rakhine State. UNHCR monitors the
populations in Rohingya Muslim villages in the area and had
found no change. He has also talked to the UNHCR office in
Bangladesh. According to Kapur, both offices agreed that the
recent crowds of Rohingya Muslims that had gathered in
Teknaf, Bangladesh were mostly illegal Burmese migrants who
had fled the Bangladesh army's recent campaigns against
crime. Apparently, the migrants felt safer presenting
themselves as recent refugees than as long-term illegal
migrants.

Forced Labor


3. (C) Kapur said that he continued to press the government
hard regarding forced labor in northern Rakhine State. In
general, the situation had improved. Forced labor was down
to very low levels in three of the four townships in which
UNHCR operates. The army, military intelligence, and the
township peace and development committees have sworn off the
use of forced labor, Kapur stated. However, the NASAKA
(Burmese border police) commander in Maungdaw North continued
to make demands for forced labor. Altogether, there were
twenty incidents of forced labor in Maungdaw North in October
affecting 68 percent of that township's 32 villages. Kapur
said that he had raised the NASAKA Commander's behavior with
the government (reftel B) to no effect, and, in early
December, warned Deputy Foreign Minister Khin Maung Win that
the GOB was inviting an adverse reaction from the
international community by its failure to act. According to
Kapur, the meeting was tense, but KMW promised to "try" to
have the problem addressed "to the extent he could."
However, he cautioned Kapur that the GOB's cooperation with
UNHCR could be affected, "if there was a mixing of mandates
among UN agencies."

UNDP's Resident Representative


4. (C) Kapur recommended that the USG pay special attention
to the selection of the new UNDP Resident Coordinator for
Burma. The right person, he said, could ensure that all UN
agencies played a role in monitoring human rights abuses,
something most were reluctant to do now. He had found that
you could get a reaction from the government, if you were
consistent, objective, and firm. With UN agencies now
establishing an almost nationwide presence, they could play a
significant role, given the right leadership. According to
Kapur, the Resident Coordinator's position had already been
advertised and the selection would likely be made before
February.

Comment and Action Recommendations


5. (C) The UN agencies now are in a position to do far more
on human rights than they have to date. Many are
establishing programs in border regions inhabited by ethnic
minorities and can play a role in bringing human rights
abuses to the attention of the SPDC leadership. Such reports
may not get immediate action, but they will at least ensure
that the SPDC can no longer pretend to be ignorant of the
problems or dismiss them as the fabrications of opposition
groups. Motivating the UN agencies to play a role in
protecting human rights, however, will require the right
person as UNDP's resident coordinator. We recommend that the
Department give this some attention and, if we have a
candidate that can really do the job here, put him or her
forward.


6. (C) As for Kapur's points on forced labor, he will need
support. We have weighed in with Khin Nyunt, and will raise
the issue again. Other funders of UNHCR's program, however,
should speak up as well.
Martinez