ILO SEEKS TO STRENGTHEN LABOR MECHANISM

C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 001042 SIPDIS SIPDIS STATE FOR EAP, IO AND DRL PACOM FOR FPA US MISSION GENEVA FOR LABOR ATTACHE E.O. 12958: DECL: 10/22/2017 TAGS: ELAB PGOV PREL PHUM BM SUBJECT: ILO SEEKS TO STRENGTHEN LABOR MECHANISM REF: A. RANGOON 904 ¶B. RANGOON 722 ¶C. RANGOON 721 ¶D. RANGOON 897 Classified By: Economic Officer Samantha A. Carl-Yoder for reasons 1.4 (b and d) ¶1. (C) Summary. While the GOB has made some progress this year in addressing forced labor claims, it still drags its feet when investigating cases involving the military, ILO Liaison Officer Steve Marshall emphasized. Since signing the GOB-ILO Forced Labor Mechanism Agreement in February, the GOB has established a system to investigate labor claims, and has worked with the ILO to resolve several cases involving community level labor abuses. However, of the 10 forced labor cases involving the military, the GOB has only resolved five child labor complaints and is still investigating the remaining child labor, portering, and forced sentry cases. The ILO has not yet begun negotiations on the extension of the mechanism agreement. Citing procedural problems with the agreement, Marshall plans to seek guidance from the ILO on how to strengthen the mechanism. The Ministry of Labor recently mediated several labor disputes at local factories, negotiating higher salaries for workers. Although the GOB will highlight this as an example of its efforts to improve labor conditions, the international community at the November ILO meeting should focus instead on how the GOB's limitations on the ILO's ability to investigate forced labor cases while failing to prosecute military officials involved in forced labor. End Summary. Improving the Mechanism -------------- ¶2. (C) In an October 19 meeting, ILO Liaison Officer Steve Marshall confirmed that he has yet to begin negotiations to extend the ILO-GOB Forced Labor Mechanism Agreement, which will expire in February 2008. Although the GOB is willing to extend the current agreement for one year, Marshall plans to seek guidance from the ILO to strengthen the agreement. He cited many problems with the current mechanism: the Burmese people's lack of awareness of how the mechanism works, as well as their inability to report cases to the ILO office in Rangoon. Marshall also acknowledged that the current agreement limits his ability to travel throughout the country, as he can only access restricted areas when investigating a valid complaint. Those living in restricted areas cannot travel to file a complaint, so the ILO is powerless to assist them. The ILO has knowledge of abuses in the border areas, he stated, but the GOB limits its ability to do anything constructive there. ¶3. (C) Marshall again detailed his ideas to strengthen the mechanism, including creating a nation-wide NGO network to receive forced labor complaints on behalf of the ILO (Ref B). He also stated that some of the groups on the Thai-Burma border reported forced labor abuses in restricted areas. Acknowledging that many of these groups have particular agendas, he questioned whether they would be willing to provide the ILO with facts that he could use to access these areas. Dragging Its Feet on Military Cases -------------- ¶4. (C) Marshall also explained that despite cooperation on labor cases involving low-level community work (the majority of forced labor complaints received by the ILO),the GOB has been less responsive on cases involving the military. Since February, the ILO has received ten legitimate complaints of forced labor involving the military, including child labor, portering, and forced sentry cases (Ref A). The GOB has resolved five of the cases, all of which concerned child labor. While the government located the children and returned them to their families within a week of hearing of RANGOON 00001042 002 OF 002 the case, it has done little to resolve the underlying problem: why the children were conscripted in the first place. Marshall opined that the GOB only took minimal action to address forced labor because it did not want the mechanism to work too well. ¶5. (C) The GOB has yet to resolve the three cases involving forced portering and sentry duty by the military, Marshall continued. The ILO has offered to conduct joint investigations on these cases, but the GOB has yet to respond. He emphasized that while the government allows him to investigate cases of forced community labor, he has not received the same level of cooperation on cases that involve the military. Marshall also expressed his disappointment with the GOB for not yet court martialing one of the soldiers who was found guilty of forced labor abuses, despite pledges to do so. Negotiating Higher Labor Wages -------------- ¶6. (C) The GOB increased fuel prices by up to 300 percent on August 15; since then, the Ministry of Labor has been called in more than ten times to mediate labor demands for higher wages. In a meeting with the Ministry of Labor last week, the Director General for Labor Affairs triumphantly told Marshall that the Ministry successfully negotiated higher wages for workers in all cases. The government is responsive to the people's needs, the DG asserted. Marshall anticipated that at the ILO conference, the GOB cite these wage negotiations as evidence of its positive action to resolve all labor issues. Continued Interest in Labor Activists' Case -------------- ¶7. (C) The ILO remains interested in the outcome of the case involving six labor activists (four of whom were arrested outside of the American Center on May 1),Marshall noted (Ref C). On September 7, the court convicted the six individuals of treason based on "strong evidence" linking them to the Burma Free Trade Union (FTUB),a government-designated terrorist group (Ref D). According to Marshall, the activists' lawyer, provided by the NLD, filed an appeal in October, which the GOB has yet to address. Although the Minister of Labor informed the ILO that the case was not one of forced labor, Marshall, following consultations with the International Committee for the Red Cross (ICRC),submitted a request on October 19 to privately meet with the six activists. The conviction violated the Freedom of Association and Protection of the Right to Organize Convention signed by the GOB in 1955, he emphasized. Marshall doubted that the GOB would grant his request and predicted that this case would be discussed in the November ILO meeting. Comment -------------- ¶7. (C) Although the GOB has taken some positive steps to address forced labor, we should not be fooled by the GOB's limited response to a few of the complaints that involve the military - the primary abuser of labor rights. The GOB continues to narrowly define the parameters of ILO operations in Burma, rejecting requests to travel to restricted areas where the majority of military-led violations occur. We should support Marshall's efforts to strengthen the ILO-GOB forced labor mechanism and gain access to conflict zones. We should insist the GOB prosecute military officials involved in forced labor cases. Instead of relying on the GOB's propaganda about labor improvements, we should highlight the improvements needed for real success. VILLAROSA