Identifier
Created
Classification
Origin
07RANGOON904
2007-09-19 08:07:00
CONFIDENTIAL
Embassy Rangoon
Cable title:  

ILO DISCUSSES GOB ACTION ON FORCED LABOR

Tags:  ELAB PGOV PREL PHUM BM 
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C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 000904 

SIPDIS

SIPDIS

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

E.O. 12958: DECL: 09/19/2017
TAGS: ELAB PGOV PREL PHUM BM
SUBJECT: ILO DISCUSSES GOB ACTION ON FORCED LABOR

REF: A. RANGOON 897


B. RANGOON 840

C. RANGOON 761

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

C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 000904

SIPDIS

SIPDIS

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

E.O. 12958: DECL: 09/19/2017
TAGS: ELAB PGOV PREL PHUM BM
SUBJECT: ILO DISCUSSES GOB ACTION ON FORCED LABOR

REF: A. RANGOON 897


B. RANGOON 840

C. RANGOON 761

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


1. (C) Summary. Since the February signing of the GOB-ILO
Forced Labor Mechanism Agreement, the Burmese Government has
investigated 10 cases of forced labor involving the military,
resolving five of them. According to the ILO, the GOB
resolved the cases involving children first, but has yet to
clarify cases involving forced conscription of adults and
military portering. The ILO will conduct another joint
investigation into a community labor case on September 19 in
lower Rangoon Division, and ILO Liaison Officer Steve
Marshall plans to educate locals and township officials on
what constitutes forced labor. In an effort to show
cooperation with the ILO, the GOB recently approved the visa
extension for the ILO's second expatriate staff member, which
Marshall believes the GOB will highlight in the November ILO
Governing Body meeting. End Summary.

Taking Some Action Against the Military
--------------


2. (C) In a meeting on September 17, ILO Liaison Officer
Steve Marshall told us that there have been some positive
outcomes since the February 2007 signing of the forced labor
mechanism agreement. While most of the complaints received
by the ILO involve community demands for labor, the ILO has
received ten complaints of forced labor involving the
military in the past seven months. Most of these cases
involve the military using local Burmese as porters for
military operations (Ref C),forced conscription, and child
labor. Following ILO procedure, Marshall and his staff
thoroughly investigated these complaints before they brought
them to the GOB for action. In all ten instances, Marshall
found compelling evidence of military involvement.


3. (C) The government has begun investigations into all ten
cases, Marshall informed us, and has resolved five of them.

The cases involving children were settled first, he noted.
The government located the children and returned them to
their families within a week of hearing of a case , which
Marshall has confirmed with the families. Several military
officials have been punished for their use of children,
government officials have reported to Marshall, and one
solider is facing court martial. Marshall told us that the
government has been less responsive on complaints involving
adults, including forced conscription and portering cases.
He continues to inquire about the status of these cases, and
has offered to conduct joint investigations with the GOB.
While the government allows him to investigate cases of
forced community labor, Marshall has not received the same
level of cooperation on cases that involve the military.


4. (C) Marshall informed us of his plans to request access
to the conflict areas during the October renegotiations of
the ILO-GOB forced labor agreement. The ILO does not receive
many complaints of labor violations from these areas because
it is too difficult for people to leave, and ILO officials
cannot conduct investigations there because of GOB travel
restrictions. Forced labor occurs in these areas, conducted
primarily by the military, Marshall asserted. Allowing the
ILO into these areas would show that the GOB is truly serious
about combating forced labor practices, he opined.

Another Investigation Trip
--------------


5. (C) Noting the success of his last joint investigation
trip with Ministry of Labor officials, Marshall informed us
he will travel to Tawngwa Township in lower Rangoon Division
(three hours southeast of Rangoon) on September 19 for
another investigation into a community labor case. Based on

RANGOON 00000904 002 OF 002


the information available, he expected the case to be similar
the ones the ILO dismissed earlier this month (Ref B),where
local officials demanded that community members work on a
project instead of requesting their assistance. After
talking with complainants, others involved in the incident,
and local officials, Marshall plans to hold training sessions
for residents, township officials, and police to define
forced labor and to explain that participation in community
projects is voluntary. Unless additional information was
uncovered, he informed us, the ILO would likely rule that
this complaint did not constitute forced labor.

Extension of ILO Staff's Visa
--------------


6. (C) In an effort to show how the GOB is cooperating with
the ILO, Ministry of Foreign Affairs officials on September
17 approved the visa extension for the ILO's additional
expatriate staff member. Per the original contract, the Thai
human rights lawyer, who arrived in July, was to depart Burma
by the end of September. Marshall told us that the MOFA
extended her visa through the end of 2007, and is considering
renewing the position for 2008. Marshall is working with the
government to make the position permanent, and hopes that he
will have approval before the November ILO Governing Body
meeting. "That way the government has a deliverable at the
ILO meeting. Officials can say they approved the doubling of
the ILO's international staff," Marshall stated.

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


7. (C) Although there are some positive developments in
ILO-GOB cooperation, the GOB narrowly defines the parameters
of ILO operations in Burma. For instance, they rejected
Marshall's criticism of lengthy prison terms given to labor
activists (Ref A). We support Marshall's efforts to
strengthen the ILO-GOB forced labor mechanism and gain access
to conflict zones, but no one should consider that one
additional ILO staff member suffices to offset the continuing
allegations of forced labor by the military or the
restrictions on core labor principles, like freedom of
association.
VILLAROSA