GOB RELEASES ONE LABOR RIGHTS PRISONER

C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 000745

SIPDIS

SIPDIS

STATE FOR EAP/MLS; PACOM FOR FPA

E.O. 12958: DECL: 12/08/2015
TAGS: ELAB ECON PGOV BM
SUBJECT: GOB RELEASES ONE LABOR RIGHTS PRISONER

REF: A. RANGOON 699


B. RANGOON 94

C. 05 RANGOON 1420

D. 05 RANGOON 1174

RANGOON 00000745 001.2 OF 002


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


1. (C) Summary: The GOB, facing increased scrutiny of its
forced labor practices at the annual International Labor
Conference (ILC) in Geneva, responded on June 6 by releasing
Su Su Nway, who was imprisoned in 2005 in retaliation for
bringing a successful forced labor lawsuit against
authorities. In addition to concessions currently under
discussion in Geneva, the GOB also amended the domestic labor
law slightly to enforce the right to paid leave. End summary.


2. (C) ILO Representative Richard Horsey told us in May (ref
A) that the ILO has repeatedly informed GOB officials that
its actions to address forced labor would lack credibility if
prisoners Su Su Nway and Aye Myint remained in detention. On
May 31, the Supreme Court refused to hear a Special Appeal
brought by Su Su Nway's lawyer. On June 6, almost one week
after the ILC opened, prison authorities told Su Su Nway that
she was released under Criminal Procedure Act 401. Under
this Act, the head of state may suspend all or part of a
sentence. The GOB has used this procedure to release other
NLD members in the past.


3. (U) Upon her release, Su Su Nway went immediately to NLD
headquarters, where the press interviewed her. She said that
she is in good health. Su Su Nway relayed that the
authorities told her she was released unconditionally, then
took her to the prison warden's office for photographs and a
speech. Afterward, authorities hired the taxi that brought
her directly to NLD headquarters. "I belong to the NLD as an
NLD Youth member," she said.


4. (SBU) Su Su Nway told the press she was ready to return to
prison if the authorities arrested her again for activities
that promote democracy. "If I were afraid of being arrested,
I would have never started this in the first place," she
said. She called for the release of all political prisoners,
saying she would not be happy until Aung San Suu Kyi is free.
After a medical checkup in Rangoon, Su Su Nway planned to
return home on June 7.


5. (C) The GOB sentenced Su Su Nway to eighteen months
imprisonment in October 2005, claiming she verbally
threatened authorities after she had successfully brought a
forced labor case that resulted in detention for local
officials. Su Su Nway's fate has been followed both locally
and internationally, with a website devoted to developments
on her case. During his May 20 meeting with Senior General
Than Shwe, U/SYG Gambari asked for the release of Su Su Nway
and Aye Myint, a lawyer imprisoned for pursuing a case of
forced labor. After being released from an earlier death
sentence (for contacting the ILO),Aye Myint was re-arrested
in September 2005 and sentenced to seven years imprisonment
for "spreading false information." NLD contacts confirmed
that, as of June 7, Aye Myint remains in Bago prison .


6. (C) On May 31, the GOB made minor amendments to the Leave
and Holidays Act to confirm workers' rights to ten days of
leave after working for twelve months, and to assign the
Ministry of Labor to ensure that private companies, as well
as public enterprises, adhere to the regulations. Local press
reports linked GOB action on the amendments to the ILC.


7. (C) Comment: Su Su Nway's administrative release is not an
admission that she was imprisoned wrongfully in the first
place. While her release is welcome news, this eleventh hour
concession is unlikely to end ILO and international pressure

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on the regime, since it has yet to show any desire to end
forced labor in Burma. End comment.
STOLTZ