LITTLE PROGRESS ON FORCED LABOR IN BURMA

C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 001376

SIPDIS

SIPDIS

STATE FOR EAP/MLS; PACOM FOR FPA, TREASURY FOR OASIA:AJEWELL

E.O. 12958: DECL: 09/19/2016
TAGS: ELAB PHUM PGOV BM
SUBJECT: LITTLE PROGRESS ON FORCED LABOR IN BURMA

REF: A. RANGOON 963


B. RANGOON 904

C. GENEVA 1560

D. RANGOON 849

E. RANGOON 806

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Classified By: Econoff TLManlowe for Reason 1.4 (b,d)


1. (C) Summary: ILO Burma Liaison Officer Richard Horsey said
the GOB is making slow progress on the two outstanding issues
raised at the June International Labor Conference (ILC): a
moratorium on prosecutions of forced labor complainants, and
agreement on a mechanism to handle forced labor complaints.
The regime released political prisoners Su Su Nway and Aye
Myint in response to ILC concerns, but has delayed hearings
in the case involving villagers who reported the death of a
forced labor victim. The ILO insists that the villagers'
case be resolved before it can begin formal discussions on an
acceptable mechanism to handle forced labor complaints.
Horsey doubts outstanding issues will be resolved before the
October 31 deadline set at the ILC. End summary.

Condition 1: Moratorium on Persecutions of Complainants
-------------- --------------

2. (C) ILO Liaison Officer in Burma Richard Horsey recently
provided emboff with an update on the regime's response to
the June ILC's conditions that the GOB release labor
activists Su Su Nway (ref D),lawyer Aye Myint, and three
villagers from Aunglan Township; set a moratorium on further
prosecution of labor complainants, and establish a mechanism
with ILO to address future forced labor complaints. Horsey
maintains contact with Su Su Nway and Aye Myint since their
release from prison. Horsey noted that authorities released
Su Su Nway without conditions, but Aye Myint was stripped of
his license to practice law (ref A). Aye Myint has appealed
his conviction and seeks reinstatement of his license. The
ILO watches Aye Myint's appeal closely and will raise his
case again if he is treated unfairly.


3. (C) The third case raised at the June ILC involved three
villagers from the town of Aunglan who helped a forced labor
victim's family report his death to the ILO and authorities.
The original case was tried at the Township level, but on
August 21, a District Court judge presided over a new
hearing. The judge only allowed procedural issues to be
discussed and then postponed the case until September 5. On
that day, the District Court sent it back to the Township
Court, which set the next hearing for September 20. Horsey
worries that the delay will affect the ILO's formal
discussions on the third ILC condition: a legal mechanism to
address forced labor allegations. The ILO will not begin the
discussions until the Aunglan case is resolved.

Condition 2: Mechanism To Address Complaints
--------------

4. (C) Nevertheless, Horsey has begun informal negotiations
with the GOB on an acceptable mechanism to respond to forced
labor complaints. Horsey said that the ILO will pursue the
informal track in Burma and Geneva to help reduce the amount
of time needed to gain agreement once formal discussions
begin. Progress has been minimal. Horsey said that the
government is engaged, but shows very little flexibility in
its position. On August 17, Horsey relayed a message to
Labor Minister U Thaung, warning that a delay would not be in
the GOB's interest. He feels that the ILO Governing Board
will not accept another excuse at its November meeting and
will be unsympathetic to another appeal for more time. In
the meantime, Horsey said, the ILO will develop specific
proposals for the Governing Board to consider in November
should further action be needed, including the creation of a
multi-stakeholder conference, an appeal to the International

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Court of Justice for an advisory opinion, and the preparation
of a list of concrete steps that ILO member states can take
with regard to their relations with Burma.


5. (C) Horsey said he continues to receive regular, credible
reports of ongoing forced labor from sources around the
country, as well as from exiles. Although the military
increasingly uses prisoners as porters, he has received
credible reports that the ARMY has forced villagers living in
and near Karen State to act as porters and build camps in
areas the military occupies.


6. (C) Comment: The regime hopes that its minimal actions,
including the release of activists Su Su Nway and Aye Myint,
replacing local civilians with prison laborers in some
regions, and reducing forced labor's visibility in major
urban centers, will buy extra time and delay further action
by the ILO. However, the June ILC's fixed deadlines and
firmness in requiring the regime to stop prosecuting those
reporting forced labor before negotiations in other areas
commence forces the regime to make hard choices.
Regime-condoned and military-directed forced labor continues
throughout Burma. With the regime running out of time to
meet ILC deadlines before the November Governing Board
meeting, they should be judged on their actions (or lack
thereof). End comment.
VILLAROSA