ILO DISMISSES FOUR FORCED LABOR CASES

C O N F I D E N T I A L SECTION 01 OF 03 RANGOON 000840

SIPDIS

SIPDIS

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

E.O. 12958: DECL: 09/07/2017
TAGS: ELAB PGOV PREL PHUM BM
SUBJECT: ILO DISMISSES FOUR FORCED LABOR CASES

REF: A) RANGOON 722 B) RANGOON 683

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


1. (C) Summary. For the first time since the ILO has been in
Burma, the ILO and Burmese Government conducted joint
investigations into four forced labor cases. ILO Liaison
officer Steve Marshall, accompanied by Ministry of Labor
officials, traveled to Southern Rakhine State August 27-30 to
follow up on investigations previously conducted by local
labor officials. Marshall freely and separately interviewed
the complainants, met with local villagers involved in the
cases, and held discussions with village and township
chairmen to ascertain the facts. He concluded that no forced
labor had occurred and subsequently closed the cases. The
GOB continues to complain to Marshall that the NLD is using
the ILO-GOB mechanism on forced labor to advance their
political objectives. The ILO would like to depoliticize the
mechanism and will begin negotiations with the GOB in October
to renew and strengthen the forced labor agreement. End
Summary.

Four Forced Labor Cases in Rakhine State Unfounded
-------------- --------------


2. (C) In July, the GOB concluded its investigation into
four forced labor cases in Rakhine State, and informed the
ILO that these cases did not constitute forced labor
violations (Ref A). ILO Liaison Officer Steve Marshall,
suspecting that the local labor officials fabricated its
investigation, requested that the ILO and GOB conduct a joint
investigation of the four cases. Marshall, accompanied by
Ministry of Labor officials, traveled to Southern Rakhine
State August 27-30 and met with the complainants, local
villagers included in the complaint, and local officials.
One complainant withdrew his case shortly after Marshall
arrived, noting that after discussions with the monk that
headed the project, he decided it was not forced labor but
rather a "community volunteer project."


3. (C) The remaining cases alleged that members of eight
villages were forced to work on three projects: building and
maintaining a road between the villages, expanding a pond for
water collection, and constructing a health clinic.
Marshall, accompanied only by an ILO translator, met with the
complainants, the villagers involved in the complaint, as
well as village and township chairmen. In all three cases,
six of the village chairman presented the villagers with the
projects and requested their assistance. In these villages,
the chairmen accommodated the villagers by establishing a
work schedule according to their availability. In the other
two villages, villagers complained to Marshall that their
chairmen did not consult with them and instead just provided
them project assignments. When asked directly if the village
chairmen forced them to work, the villagers acknowledged that
these projects are community projects and they are expected
to participate for community development. They could decide
agai
nst contributing. What they wanted, they claimed, was for
the village chairs to ask for their assistance rather than
take it for granted.


4. (C) After defining for the villagers what constitutes
forced labor, Marshall met with the village and township
chairmen, explained the villagers' concerns, and also
provided them with information about forced labor. He
conducted a training session with the chairmen, local police,
and labor officials on the proper procedure for employment in
community projects. He emphasized that although the projects
benefit the community, officials could not force the
villagers to work. If the situation arises again, he
informed them, the government would hold the chairmen
responsible for improper procedures.


5. (C) During the investigation, Marshall uncovered an

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active campaign to discredit the complainants, who are all
NLD members. One was sentenced to 24 days in jail for
alleged violent acts; one, a teacher, found that he no longer
had any students; and the last, a lawyer, lost his clients.
The GOB denied any role in the "indirect punishments,"
claiming that it was a community decision. Regarding the
imprisonment of one NLD member, local police told Marshall
that he was punished for assaulting another villager with a
knife. Marshall noted the coincidence between the labor
complaint and the arrest, and requested the transcripts of
the case. The GOB promised to provide them, although
Marshall is skeptical they will deliver.


6. (C) Marshall sent a letter to the Ministry of Labor on
August 31, stating that given the lack of evidence, the ILO
closed the four cases. He emphasized, however, that the
GOB's earlier investigation into the cases yielded very
different information, and he alleged that the GOB
interviewed other people with the same names rather than the
actual complainants. Future investigations, he asserted,
must be conducted in a more professional manner.

Advancing Political Objectives
--------------


7. (C) Marshall informed Econoff that the GOB continues to
complain that the NLD is using the ILO-GOB forced labor
mechanism agreement to advance their political agendas. Su
Su Nwe, who handles forced labor issues for the NLD,
acknowledged to Marshall in early August that the NLD
actively goes into communities and inquires about any forced
labor practices. NLD officers provide would-be complainants
with the proper forms, help fill them out, and deliver them
to the ILO if the complainant is unable to travel. Su Su Nwe
argued that people were not aware that forced labor was
illegal, and the NLD sought to prevent the government's
exploitation of the people.


8. (C) Marshall told us that while he agrees that there is
some political influence in the reporting procedure, the
government is to blame. The GOB does little to stop the
actual source of forced labor violations, and instead
maintains repressive policies. The ILO must accept
complaints because labor violations do occur, Marshall
emphasized. He acknowledged that 90 percent of complaints he
received have been facilitated by the NLD, including the four
recently dismissed cases. The ILO attempts to depoliticize
the process by vetting each case thoroughly before forwarding
it to the government for action. While the government tends
to drag its feet on NLD facilitated cases, for non-NLD cases,
it has both responded to the complaints and punished people
accordingly. Marshall commented that he has to walk a fine
line -- not an agent for the NLD nor a puppet of the
government. He expressed concern that continued NLD-driven
complaints will disrupt the relationship between the ILO and
the GOB.

Strengthening the Mechanism
--------------


9. (C) The ILO in October will begin negotiations with the
GOB to extend the forced labor mechanism agreement. Marshall
indicated his interest in strengthening the agreement. To
prevent further politicization of the complaint process, the
ILO will request the GOB permit the ILO to hire additional
staff. These officials, Marshall said, would be able to go
out into the field to collect complaints from victims rather
than relying on facilitators. They would also be able to
ascertain immediately the legitimacy of a case. Marshall
also stated his intention to establish an independent network
to manage the investigations, which would further
depoliticize the process. We suggested that the ILO try to
expand its operations into the conflict zones, where the
military allegedly engages in forced labor activities.
Marshall agreed, although he doubted the GOB would grant
travel permission.

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


10. (C) Marshall has begun to realize that while the
mechanism is a step in the right direction, it does little to
address the root cause of forced labor violations: government
ordered projects with no provision of resources. The GOB has
cooperated with the ILO to a certain degree, and punished
village chairmen who have violated labor rights. These
low-ranking officials are expendable, and the next chairman
will likely end up committing forced labor violations as they
try to fulfill mandates from above. The NLD has an important
role to play in educating villagers about their rights to be
protected against forced labor. Historically villagers have
contributed their labor willingly to community projects. The
military has distorted this tradition to make labor
compulsory on demand; they are not interested in protecting
rights so they offer no information about these rights. If
the NLD does not, who will?
VILLAROSA