NEW ILO REP CAUTIOUSLY OPTAMISTIC ABOUT LABOR

C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 000683

SIPDIS

SIPDIS

STATE FOR EAP, IO AND DRL
PACOM FOR FPA
US MISSION GENEVA FOR JOHN CHAMBERLIN

E.O. 12958: DECL: 07/25/2017
TAGS: BM ELAB PGOV PREL PHUM
SUBJECT: NEW ILO REP CAUTIOUSLY OPTAMISTIC ABOUT LABOR
COOPERATION

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Classified By: Economic Officer Samantha A. Carl-Yoder for Reasons 1.4
(b,d)


1. (C) Summary: New ILO Liaison Officer Steve Marshall was
cautiously optimistic about the GOB's willingness to address
its commitments under the 2007 ILO-GOB mechanism to address
forced labor. The GOB has begun to set up local committees
to address forced labor cases referred by the ILO and
recently approved the addition of a second ILO expatriate
officer in Rangoon. However, the ILO has received few final
outcome reports from the GOB and the regime has yet to act on
two cases implicating the military. The ILO will carefully
evaluate the government's progress on forced labor before
deciding whether to renew the mechanism in 2008. End Summary.

Progress on ILO-Burma Mechanism
--------------


2. (C) In a July 20 courtesy call with the Charge,
newly-arrived ILO Liaison Officer Steve Marshall opined that
the GOB appears to be taking its role seriously under the
2007 ILO-GOB mechanism to address forced labor (Reftel B).
Marshall told us the government had made progress in
establishing local committees to address forced labor.
Marshall noted, however, that he could count on just one hand
the number of final reports of inquiry he had received from
the GOB regarding ILO referrals. More pressure on the GOB to
follow up on ILO referrals was needed, he emphasized.
Marshall told us that the ILO would evaluate the GOB's
progress before it decided whether to renew the Mechanism,
which expires in February 2008. The ILO plans to begin
negotiations on renewing the Mechanism in October. If the
government continues to uphold its obligations under the
agreement -- working with the ILO and not interfering in the
investigation process -- the ILO expects to renew the
one-year agreement


3. (C) Highlighting a positive development, Marshall
announced that the GOB recently approved the ILO's request to
add another expatriate worker to its staff. The new ILO
officer, a Thai human rights lawyer, arrived in Rangoon on
July 23. He will be based in Rangoon to assist with the
complaint process, and his presence will allow the ILO team
to travel and investigate complaints received from outside
Rangoon. Marshall's goal as ILO Liaison Officer is to
promote serious labor programs within the GOB and sustainable
procedures governing how violation cases are handled. The
ILO in Burma was not looking to become a "market" for
complaints, Marshall emphasized, but wanted to assure that a
reliable network was in place for any victims of forced
labor. Marshall said that although the ILO had observed that
the "fear factor" for reporting forced labor violations had
diminished somewhat, it still remained. Marshall also
reported that the ILO had observed China had also begun to
lean on Burma to curb forced labor.

Labor Complaints Abound
--------------


4. (C) The ILO Rangoon office continues to receive new labor
violation complaints, averaging 3-4 a week. Marshall noted
that while all are valid complaints, the majority do not fall
under the ILO mandate. Most of the complaints received by
the ILO office were for the forced cultivation of physic nuts
(castor beans),Senior General Than Shwe's latest pet
project. Marshall told us that the number of complaints of
whole villages being dragged off for forced physic nut
planting had increased drastically. Marshall assured us the

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ILO was bringing these complaints to the attention of
authorities even if they did not technically fall under their
mandate. Marshall told us his office had referred two labor
complaints implicating the military to the GOB: one involving
forced conscription and another involving forced portering.
So far, the GOB had not responded.


5. (C) Marshall expressed concern that too much
international attention on the success of setting up the
Mechanism would detract from real GOB actions to end forced
labor, or a lack thereof. "Setting up a process is not a
breakthrough," Marshall stressed. He said that the sign of
real progress would be prosecutions, and the GOB putting out
the word to all, including the military, that forced labor
would not be tolerated.

Bio Notes
--------------


5. (SBU) Steve Marshall, originally from New Zealand, is a
former businessman who joined the ILO board upon retirement.
For the past five years, he worked for the ILO in Geneva and
developed a deep knowledge of international labor issues. He
believes that because he is not a career diplomat,
politician, or an IO bureaucrat, the GOB had accepted his
posting without difficulty. Since arriving, Marshall has met
several high ranking GOB officials, including the Deputy
Minister of Labor.

Comment
--------------


6. (C) Steve Marshall appears to be a straight talker and
someone with whom we can continue our excellent local working
relationship with the ILO. He, like us, believes that GOB
progress in eliminating forced labor should be measured by
the Mechanism's results, rather than its mere existence.
Prosecutions of cases implicating the military will be the
key to convincing the international community that the regime
is serious about eliminating forced labor. Burma's top two
generals are the only officials powerful enough to control
their regional commanders, who are reportedly the most
egregious recurring abusers of forced labor. When the
military stops this primitive practice and ends abuse of
civilians, we will know the regime is finally serious about
the issue. Burma's renewed cooperation with the ILO will
mean little if the regime does not also prosecute abusers.
The international community needs to get behind the ILO's
efforts to focus on results, not the process, and the renewal
of the ILO-GOB Mechanism in February 2008 offers an
opportunity to evaluate the sincerity of the regime's
commitments. End comment.

STOLTZ