BURMA BEGINS TO ADDRESS FORCED LABOR AGAIN

C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 000345

SIPDIS

SIPDIS

STATE FOR EAP/MLS;
PACOM FOR FPA

E.O. 12958: DECL: 09/21/2016
TAGS: ELAB PGOV PHUM BM
SUBJECT: BURMA BEGINS TO ADDRESS FORCED LABOR AGAIN

REF: RANGOON 183

RANGOON 00000345 001.2 OF 002


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


1. (C) Summary: For the first time since early 2005, the GOB
responded to two ILO case referrals and took action against
officials accused of violating the prohibition against forced
labor, and returned a child to his family. Two village
officials were sentenced in the first investigation conducted
under the new ILO-GOB agreement's forced labor reporting
mechanism. Since the agreement was signed on February 26,
the ILO Liaison Officer has referred two cases to the
government for action and plans to expand the office to
handle more referrals. End summary.


2. (C) On April 5, ILO Liaison Officer Richard Horsey
confirmed press reports that on February 28 a court in
Aunglan Township in central Burma found two village
authorities guilty of forced labor, and sentenced them to six
months in prison. It acquitted one other official. The
officials had forced villagers to repair a road. The
investigation and trial are evidence of the GOB's "quick and
full cooperation" to implement the new ILO-GOB forced labor
agreement, according to Horsey. The official action was
important not only to prosecute the guilty individuals, he
said, but also to send a signal to all officials that they
would be held accountable for forced labor violations. He
noted the unprecedented prominent local press coverage, which
referred to the complainants as "civic-minded citizens" and
urged the public to report allegations against authorities.
However, he also speculated that one reason the GOB took
action in this case was the fact that it was related to
another case in which officials used their authority for
private gain. Horsey referred the case that involved forced
labor, and also submitted to authorities information he had
received about the related case that involved corruption and
misuse of power in the same Township.


3. (C) Horsey also had referred a case of child soldier
recruitment. The child has since been returned to his family
and the case is currently under investigation by the Adjutant
General. He acknowledged that, while the initial actions are
positive, Burma's genuine commitment to end forced labor
would only be proven when it takes effective action against
military offenders. Horsey said the goal should not be to
catch the maximum number of violators, but to get action on
well-documented cases to undermine the sense of impunity of
civilian and military authorities. By far the most serious
cases occur in conflict areas by the military, so action in
this area would ultimately show the success or failure of the
mechanism.


4. (C) Horsey told us that he traveled to Mandalay after the
agreement was signed, and experienced no official
interference. Under the agreement, the government can choose
to send along a representative, but cannot be present during
ILO interviews. However, in this case they chose not to go
on the trip. Horsey noted that, at times, a government
escort would be helpful to smooth the way with local
officials. Horsey would like to diversify his sources of
complaints. He noted that over half of his earlier cases had
been referred to him by the NLD, which the regime tried to
claim was evidence of the ILO's political agenda.


5. (C) Under the ILO-GOB agreement, the "most competent
authority" should investigate allegations referred by the
ILO. A working group in the forced labor inter-ministerial
body decides which government office will conduct
investigations. The inter-ministerial body has
representatives from the Home Affairs, Defense and Labor

RANGOON 00000345 002.2 OF 002


Ministries, the Attorney General, the Supreme Court, police,
and other relevant ministries, and is chaired by the Deputy
Minister of Labor. In the first case referred by Horsey,
the Chairman wrote to the Forestry Minister, telling him to
take the lead since some of the officials worked for the
Forestry Ministry. So far, Horsey said, the group had been
working cooperatively, and he assumed it was because they
know their efforts had the support of the senior leadership.


6. (C) Horsey said the ILO had begun to seek a second
expatriate officer and additional local support staff to work
in the Liaison Office for the remainder of the 12-month
agreement. That will permit one to travel and the other to
receive complaints from citizens who sometimes travel to the
ILO office from distant regions. He remained cautious but
viewed the government's early actions as positive. Horsey
said after such a strong start, the political cost of failure
would be greater. He believed that previous attempts to work
with the GOB on forced labor in 2004-2005 failed because the
amount of cases the ILO referred to the government was so
large that it overwhelmed the government's capacity to handle
them. As opposed to those earlier efforts, this mechanism is
based upon a written legal framework, which gives it more
credibility and structure. In addition, by forwarding fewer,
but better-documented cases, the ILO could help build the
capacity of investigators.


7. (C) Comment: The key to success of this mechanism will be
when reports of forced labor -- porters, mine clearers, etc.
-- in conflict areas begin to decline. Action in a few cases
without evidence that the overall practice has changed should
not suffice to get Burma off the ILO agenda. Given how
ingrained forced labor is in this country, it will take many
years beyond the 12-month period to change official minds
that forced labor is no longer acceptable. So the most we
should hope for initially is that the authorities agree to
extend the mechanism. End comment.
VILLAROSA