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 RANGOON 00000683 001.2 OF 002 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 RANGOON 00000683 002.2 OF 002 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