ILO FOLLOWING BURMA LABOR ACTIVISTS' TRIAL

C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 000721

SIPDIS

SIPDIS

STATE FOR EAP, IO AND DRL
PACOM FOR FPA
US MISSION GENEVA FOR LABOR ATTACHE

E.O. 12958: DECL: 08/09/2017
TAGS: ELAB PGOV PREL PHUM BM
SUBJECT: ILO FOLLOWING BURMA LABOR ACTIVISTS' TRIAL

REF: A. A) RANGOON 682


B. B) RANGOON 408

C. C) RANGOON 345

Classified By: Classified by Economic Officer Samantha A. Carl-Yoder fo
r reasons 1.4 (b and d)


1. (C) Summary. Upon hearing of the secret trial of six
labor activists, four of whom were arrested on May 1 outside
of the American Center, new ILO Liaison Officer Steve
Marshall relayed concerns that the GOB is unfairly targeting
these individuals, not because they attempted to form a labor
union, but because of their relationship with the ILO.
Marshall, highlighting that the GOB signed the Freedom of
Association and Protection of the Right to Organize
Convention in 1955, told the Ministry of Labor that these
activists have the right to associate. Emphasizing the ILO's
interest in the case, Marshall sent a letter to the Minister
of Labor requesting copies of the arrest charges and court
proceeding transcripts. He warned the Ministry of Labor that
this case could be discussed at the next ILO Governor's Board
meeting in November. End Summary.

Activists' Trial Gets Noticed
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2. (C) In a meeting on August 9, Steve Marshall told
Econoff that his office is taking a proactive role in the
case of the 6 labor activists' secret trial (Refs A and B),
despite not receiving a formal grievance. Marshall noted
that the six individuals previously submitted forced labor
complaints to the ILO, which he felt were exaggerated to
advance their political agenda. Per the 2007 ILO-GOB
mechanism to address forced labor (Ref C),the GOB cannot
harass people for complaining to the ILO. Nevertheless,
Marshall believes that the GOB is persecuting these
individuals because of their past relationship with the ILO.


3. (C) On August 7, Marshall met with the Burmese Director
General (DG) for Labor Affairs to discuss his concerns about
the trial. Recalling the GOB's obligations under the ILO-GOB
mechanism to address forced labor, he emphasized that the GOB
cannot accuse the defendants of treason because they filed a
forced labor complaint. The DG responded that these six
individuals are on trial because they attempted to organize a
union, which is illegal in Burma. Marshall noted that the
GOB in 1955 signed the Freedom of Association and Protection
of the Right to Organize Convention, which guarantees the
rights of individuals to associate and form unions. The GOB,
he noted, is in violation of this international convention.
Marshall, seeking assurances that the arrests were
legitimate, proceeded to ask the DG for copies of the arrest
charges and transcripts of the court proceedings. The DG did
not refuse Marshall's request but said that he needed to talk
to the Minister of Labor.

Raising the Flag - NLD Seeks Publicity
--------------


4. (C) After the meeting, Marshall was visited by relatives
of several of the defendants, who requested ILO support. He
assured them that GOB was aware of ILO interest in the case
and that he would do what he could to assist. The NLD also
recently requested ILO assistance with this case, and in an
effort to draw publicity and support for the "injustices of
this trial", started on August 8 a letter campaign.
Marshall, who has received more than 25 letters to date, felt
that the NLD will use this case to push its political agenda.
He also opined that the activists' lawyers did not resign
because they were harassed, but rather because resignation
draws more attention to the case. "The Burmese government
harasses all lawyers; harassment by itself is not a reason to
resign," he noted. "These lawyers are working for the NLD.
They are doing what they can to bring this case to the
forefront of their political agenda."


RANGOON 00000721 002 OF 002


Official Request Sent
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5. (C) After corroborating the facts of the case with the
family, Marshall sent a letter to the Minister of Labor on
August 8 via fax and post, making a formal request for
transparency in the case. He reiterated the request for
documentation, and highlighted the GOB's obligations under
both the Convention of Freedom of Association as well as the
2007 ILO-GOB mechanism on forced labor. He emphasized that
the outcome of this case will be scrutinized by the ILO and
could be discussed at next ILO Governor's meeting in
November.


6. (C) Marshall told us that he does not expect a quick
response to the letter, but believes that the GOB will take
actions to keep this case from being discussed at the ILO
board. In 2006, a similar case was brought to the attention
of the ILO Governors Board -- an activist, who was charged
with treason after meeting with the ILO, was sentenced to
death. After the ILO Governor's Board meeting, the activist
was released and acquitted of all charges. The GOB, Marshall
rationalized, does not want more negative press on the same
issue. He is confident that, because of ILO interest, that
they will act in a more transparent manner.

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


7. (C) The GOB may be trying these six individuals in
secret to avoid criticism in an area where it has received

SIPDIS
praise from the international community for recent progress.
The fact that four of the activists were arrested outside the
American Center may also be a reason for the clandestine
trial. The ILO and the international community should
continue to scrutinize the GOB's handling of forced-labor
related cases closely to ensure the regime does not resolve
only the easy and minor cases through the ILO Mechanism,
while continuing to punish other complainants secretly and
brutally. Steve Marshall is right to confront the regime
early and forcefully in his tenure. His actions send a
strong message that the ILO will hold the regime to its prior
commitments and make an honest report to the Governors' Board
before its upcoming meeting. We should push the UN to take
the same approach when Ibrahim Gambari visits Burma next
month.

STOLTZ