BUSINESS AS USUAL: THE SPDC SHOWS LITTLE CONCERN

C O N F I D E N T I A L SECTION 01 OF 03 RANGOON 001402

SIPDIS

STATE FOR EAP/BCLTV, DRL, G/TIP, STATE PASS LABOR/ILAB,
COMMERCE FOR ITA JEAN KELLY, TREASURY FOR OASIA, USPACOM
FOR FPA

E.O. 12958: DECL: 10/25/2014
TAGS: ELAB PGOV PHUM BM ASSK
SUBJECT: BUSINESS AS USUAL: THE SPDC SHOWS LITTLE CONCERN
ABOUT UP-COMING ILO REVIEW, RELEASE OF ASSK, OR RETURN OF
UN SPECIAL ENVOY

REF: A. RANGOON 1370 AND PREVIOUS

B. RANGOON 1365

C. STATE 223852

D. STATE 214607

E. RANGOON 1224 AND PREVIOUS

Classified By: COM Carmen Martinez for Reasons 1.4 (b,d)


1. (C) Summary: Minister of Labor U Tin Winn told COM on
October 25 that his government would "reassess the utility of
the ILO" if the ILO's Governing Body decided to implement the
measures outlined in Article 33 of the International Labor
Conference's resolution of 2000. In response to our statement
of concern about the safety and the continued detention of
ASSK, the Minister responded that it "was only temporary."
The Minister was dismissive of the need for the return of the
Special Envoy or the Special Rapporteur, saying the SE has
visited 12 times since he was appointed to his position and
less than one year has passed since the SR was here. End
Summary


2. (SBU) The COM, accompanied by Poloff (notetaker),called
on Minister of Labor U Tin Winn on October 25 to review the
USG's views on actions the International Labor Organization
(ILO) will likely take when Burma comes up for discussion by
the ILO's Governing Body in Geneva on November 18. Other
subjects discussed during the contentious, but nevertheless
cordial, 45-minute meeting were the USG's continuing deep
concern about the SPDC's detention of Aung San Suu Kyi and U
Tin Oo; the failure of the SPDC to allow the National League
for Democracy (NLD) to function throughout the country and to
participate in the National Convention (NC); the failure of
the Government to allow United Nations Envoy Razali and
United Nations Special Rapporteur on Human Rights Sergio
Pinheiro to continue their work here; the ramifications for
the Embassy's physical security of the GOB's publicly
announced decision on October 22 to dissolve its National
Intelligence Board--of which the Minister was a member--and
the multiple official roles the Minister has played on behalf
of the SPDC during the past few weeks in New York, Hanoi, and
Rangoon.

The GOB Will Close Local ILO Office if Labor Organization
Invokes Article 33 Measures


3. (SBU) The COM opened the discussion by saying the
Embassy understands the Burmese Supreme Court's Special
Appellate Branch had clearly stated on October 14 that
contact with the ILO, and other international organizations,
are not against the law. She added that the USG further
understands the Special Appellate Branch has reduced the
sentences of the three individuals who had been sentenced to
jail for, among other things, carrying business cards of the
ILO representative in Burma at the time they were taken into
custody. The COM added that the Government has the authority
to release the individuals on grounds of good behavior, and
urged the GOB to do so.


4. (SBU) Nevertheless, stressed the COM, we do not believe
the ILO Governing Body is prepared to consider--nor would we
support--reactivating the 2003 Plan of Action to combat
forced labor until the Burmese Government releases the three
individuals imprisoned for contact with the ILO; improves
cooperation with the Rangoon ILO representative in
investigating forced labor allegations; and ensures that
Burmese citizens clearly understand their government does not
condone reprisals against those who report incidents of
forced labor.


5. (SBU) In the latter connection, the COM mentioned the
case in Toungup (southern Rakhine State),where there have
been allegations of action being taken by local authorities
against those who have informed the ILO of forced labor
abuses. A credible response from the authorities to this
case is important, said the COM. If the Government does not
respond to such cases, it gives the impression that national
authorities condone--even encourage--such action.

6, (SBU) Minister U Tin Winn responded by saying the
problems in Toungup had been caused by "lower level"
officials. He went on to say the Ministry of Labor has tried
to investigate some cases, but had found it difficult to do
so because of the need for "transparency" in notifying local
officials that they were being investigated and the inability
of the Labor Ministry to conduct undercover operations.
(Note: The ILO has confirmed that the GOB has investigated 18
of the 38 cases brought to its attention, but has yet to find
anyone involved guilty.) The COM responded by saying the GOB
has considerable expertise and capacities in gathering
intelligence that could be applied in cases of forced labor -
she had previously seen successful undercover actions against
such abuses in other countries, and is confident that the GOB
could do the same if it has the political will to do so.


7. (C) The Minister concluded this part of the discussion
by muttering that he would pass the COM's concerns to the
judiciary. He also said--in much stronger tones--that the
GOB would "reassess the utility of the ILO" in the country
in the event of a decision by the ILO's Governing Body to
implement the measures outlined in Article 33 of the
International Labor Conference's resolution of 2000. When
the COM pressed for a clarification of "reassess" he said
that would mean closing ILO operations in country.

Concern about Aung San Suu Kyi and National League for
Democracy


8. (SBU) The continuing detention of Aung San Suu Kyi
(ASSK) and U Tin Oo raises serious doubt about the Burmese
Government's commitment to a free, open society and to its
own "road map to democracy," said the COM. The USG is very
concerned about the safety of ASSK, she stressed, and the
SPDC bears responsibility both for her release and for her
safety. ASSK's continued house arrest when she has neither
committed, nor been charged with any crime, belies the
government's stated commitment to national reconciliation and
destroys its credibility. The Minister responded by saying
that the detention "was only temporary" and avoided
responding to COM's request to define "temporary."


9. (SBU) The Government had invited NLD Chairman U Aung
Shwe and other NLD Members-elect of Parliament to participate
earlier this year (May 17, 2004) in the National Convention,
responded the Minister, but they had refused. There is
nothing more the Government can do in this regard: "If the
NLD wants to live in a cocoon," so be it, said the Minister.
As for the May 2003 incident in Depayin, that was a political
matter, not an issue of forced labor or human rights, he
added. The Minister said he had told UN Secretary-General
Kofi Annan that such things require time to sort out: "the
Burmese Government is trying as hard as possible to resolve
the matter."

National Convention to Resume in December-January


10. (SBU) The National Convention (NC) will resume in
December or January, said the Minister. The determining
factors "will be the weather, not politics." Questions of the
harvest and road conditions must be taken in to account in
order to ensure full participation by all members of the NC.

Khin Nyunt Was "Covered with Rust," Had To Be Replaced


11. (SBU) The Minister responded to COM's question as to
his opinion on the recent changes of senior government
officials by saying that deposed Prime Minister Khin Nyunt
had to be replaced because he was "covered with rust" and
needed to "have it scraped." He should have been replaced
"6-12 months before" (the announcement of his retirement on
October 19, ref A),said the Minister, a former MI officer
himself and a close collaborator with the fallen Prime
Minister while both were serving in MI.

Why Razali and Pinheiro Can't Come Back to Burma


12. (SBU) The COM told the Minister that his government's
refusal to permit visits by the Special Envoy Razali or
Special Rapporteur Pinheiro showed a lack of commitment to UN
efforts to assist in addressing the issues of human rights
and national reconciliation. The Minister was dismissive,
responding that the Special Envoy had been here "12 times in
four years" and less than one year has passed since the
Special Representative last visited the country.

Dissolution of the Burmese National Intelligence Board


13. (SBU) The Minister was a member of the Burmese
Intelligence Board prior to its dissolution by the Government
on October 22 (septel). The COM inquired about the
implications of this move, particularly for the physical
security of the Embassy. The Minister assured her that the
Director of Police and the Minister of Home Affairs would
continue to arrange for the American Embassy to be guarded
diligently. He was confident that the USG remained "very
strong" and "secure" in Burma.

The Minister's Many Hats


14. (SBU) In addition to his portfolio in Labor, the
Minister serves concurrently as Minister in the Prime
Minister's office. In the latter capacity, he headed the
Burmese delegations to the recent opening of the United
Nations General Assembly (UNGA) and to the ASEAN-European
Ministerial Meeting (ASEM) in Hanoi earlier this month. The
Minister said the Chairman of the SPDC, Senior General Than
Shwe, had asked him to join the Burmese delegation to the
opening of a trade exhibit in China in the Minister's
capacity as a member of the Myanmar Economic Cooperation
Committee. (Note: There has not been a public announcement
of the trip, the dates of which are unknown.)


15. (C) Comment: A former Ambassador to the United States
and earlier to Thailand, U Tin Winn is a highly experienced
operator who clearly has the Senior General's confidence. He
has held several ministerial portfolios since his return to
Rangoon from Washington in 2001. While serving earlier in
Military Intelligence, he was the government's chief
negotiator with the Wa and Kokang cease-fire groups. We are
not sure whether the Minister's statement about closing the
ILO's office in Rangoon would hold if the Governing Body
invokes Article 33 measures against it in the November
meeting in Geneva. However, his will be a highly influential
voice in any related discussions. Absolutely nothing the
government has done during the past few months suggests that
it would hesitate to thumb its nose once again at the
international community. End Comment
Martinez