BURMA: ILO TO RAISE FORCED LABOR WITH THE MILITARY

C O N F I D E N T I A L SECTION 01 OF 03 RANGOON 000286

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DEPT PLEASE PASS TO DEPT OF LABOR ILAB OFFICE
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US MISSION TO GENEVA FOR LABOR ATTACHE

E.O. 12958: DECL: 04/24/2018
TAGS: ELAB PHUM PGOV BM
SUBJECT: BURMA: ILO TO RAISE FORCED LABOR WITH THE MILITARY

REF: A. RANGOON 168


B. RANGOON 127

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


1. (C) Summary. Forced labor is a significant problem in
Burma, and the military, who are the worst perpetrators, are
not held accountable. While the ILO Liaison Office primarily
works with the Ministry of Labor, it recently sought to
expand its mandate to include the military. Seeking to
improve the military's understanding of labor rights and
child soldier issues, the ILO will host two training sessions
for military officers in May. Approximately 80 military
officials will attend these sessions in Rangoon, which will
focus on basic human rights and human worth, definitions of
forced labor and child forced labor, and best practices for
military recruitment. Since March, the ILO has received 2
forced labor complaints and more than 10 child soldier cases.
GOB response to these cases has been slow, due in part to
Deputy Labor Minister General Tin Tun's lack of understanding
of basic labor principles. While the ILO had planned to
conduct two labor assessment trips in April, the GOB has
"postponed" them until after the May 10 referendum. End
Summary.

Teaching the Military About Forced Labor
--------------


2. (C) Forced labor continues to be a significant problem in
Burma. ILO Liaison Officer Steve Marshall told us that while
the GOB addressed forced labor issues on the civilian side in
2007, it did little to stop the military's use of forced
labor and child soldiers. Taking the opportunity to expand
its mandate to include working with the military on labor
issues, Marshall, in conjunction with UNICEF and the Burmese
Department of Social Welfare, proposed to hold training for
military officials on forced labor and child soldier issues.
The Adjutant General agreed; the ILO will host two training
classes for military officials in May.


3. (C) Both classes will focus on basic human rights and
human worth, definitions of forced labor and forced child
labor, and child soldier issues. The first class, which
begins April 28, will be a train-the-trainers course for 40
military recruitment officers. During the five-day course,
Marshall, UNICEF officials, and representatives from the
Department of Social Welfare will introduce best practices to
prevent recruitment of children. Marshall noted that because
the local military offices keep poor recruitment records, he
will encourage the military to keep better records, including
proof of age for any new soldiers. The second class, which
targets 40 entry-level and mid-level officers, will focus on
forced recruiting with regard to children. Marshall views
these training sessions as a first step in order to develop
military understanding of basic forced labor.

Child Soldier Cases on the Rise
--------------


4. (C) According to Marshall, the ILO office continues to
receive forced labor complaints, although the majority of
cases deal with child soldiers rather than basic forced
labor. Since March, Marshall has only received 2 complaints
of forced labor and more than 10 complaints of child
recruitment. Marshall attributed the fewer forced labor
complaints to the upcoming referendum, noting that many of
the ILO facilitators were democracy activists who could be
working on the "Vote No" campaign rather than labor issues,
or were keeping a low profile. Child solider cases remain a
problem, but parents remain willing to travel to Rangoon to
file a formal complaint, he stated.

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GOB Putting Up Roadblocks
--------------


5. (C) Since the extension of the ILO-GOB Supplementary
Understanding on Forced Labor in late February (Ref A),the
ILO has submitted 12 cases to the GOB for action and is
waiting to assess 4 additional cases. Marshall had planned
two labor assessment trips in April, both of which were
approved by the Ministry of Labor in February. However, he
recently received a letter from Minister of Labor Aung Kyi,
stating that the ILO should postpone these trips until after
the May 10 referendum. Marshall reluctantly agreed to delay
the trips until the second week of May because he recognized
that if he traveled without permission, the GOB would send
officials to the areas to interrogate anyone he met with.
This happened after his last trip to Magwe in late February,
Marshall noted (Ref B). While the GOB did not threaten or
take action against any of his contacts, they inquired about
the conversation topics. "The GOB is afraid of the unknown;
when I travel without a government liaison officer, they
become much more concerned with whom I talk to and what I
address. Officials are afraid I will encourage people to
form labor unions and become politically active," he
declared.


6. (C) In addition to restricting his travel, the Ministry
of Labor has become more difficult to deal with on forced
labor cases, Marshall noted. They carefully scrutinize each
complaint, using any information discrepancies (including
typos or spelling mistakes) as justification to return the
case to the ILO for clarification. Marshall intimated that
Deputy Minister for Labor General Tin Tun was behind the
policy shift, as he lacked a basic understanding of labor
principles and has been unwilling to work directly with the
ILO in the past (Ref B). Additionally, the Director General
for Labor cancelled two meetings with Marshall this month,
stating that he was too busy getting ready for the referendum
to meet. Marshall plans to raise the issue with Minister of
Labor Aung Kyi in mid-May, and will include this in his
report to the ILO for the upcoming annual ILO Convention in
June.

Update on Imprisoned Labor Activists
--------------


7. (C) Marshall confirmed that the Supreme Court had yet to
decide on the fate of the six labor activists arrested after
attending a labor conference at the American Center last May.
While Ministry of Labor officials told ILO representatives
that the Supreme Court would hear the labor activists' appeal
on March 6 (before the last ILO Governing Body meeting) (Ref
B),the Court postponed the hearing until just last week.
The Supreme Court has now heard the appeal arguments, but has
yet to issue its final decision on the fate of the six
activists. Several lawyers told Marshall that the Court
would deliberate for at least 15 days, but could take several
months to make a decision. Marshall commented that the GOB
would likely try to use this case to argue that Burma has a
viable judicial system, capable of resolving judicial
complaints. He was unsure whether the Supreme Court would
issue its decision before the Annual ILO Conference in June,
but noted that he planned to send a letter to the Ministry of
Labor urging quick resolution.

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


8. (C) The GOB has made some efforts to address forced labor
cases on the civilian side, including conducting joint
investigations with the ILO and prosecuting three forced
labor perpetrators in 2007. However, to address the causes

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of forced labor, one must look toward the military, which is
outside the purview of both the ILO and the Ministry of
Labor. Educating officers about forced labor and forced
child labor is just the first step. Military recruiters
facing demands for more soldiers will continue to look to
children, regardless of whether they violate fair labor
principles. As long as the military has impunity from child
solider and forced labor recruitment, the practice will
continue. It will take civilian governments before we can
expect any change to happen.
VILLAROSA