Identifier
Created
Classification
Origin
08RANGOON424
2008-05-28 09:01:00
CONFIDENTIAL
Embassy Rangoon
Cable title:  

BURMA: PREPARING FOR THE ANNUAL ILO CONFERENCE

Tags:  ELAB PGOV PREL PHUM BM 
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FM AMEMBASSY RANGOON
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7678
INFO RUCNASE/ASEAN MEMBER COLLECTIVE
RUEHGG/UN SECURITY COUNCIL COLLECTIVE
RUEHBY/AMEMBASSY CANBERRA 1234
RUEHNE/AMEMBASSY NEW DELHI 4778
RUEHUL/AMEMBASSY SEOUL 8322
RUEHKO/AMEMBASSY TOKYO 5884
RUEHGV/USMISSION GENEVA 3768
RHHMUNA/CDR USPACOM HONOLULU HI
RHEHNSC/NSC WASHDC
RUEKJCS/SECDEF WASHDC
RUEHBS/USEU BRUSSELS
RUCNDT/USMISSION USUN NEW YORK 1683
RUEKJCS/JOINT STAFF WASHDC
C O N F I D E N T I A L SECTION 01 OF 04 RANGOON 000424 

SIPDIS

STATE FOR EAP, IO AND DRL
DEPT PLEASE PASS TO DEPT OF LABOR ILAB OFFICE
PACOM FOR FPA
US MISSION TO GENEVA FOR LABOR ATTACHE

E.O. 12958: DECL: 05/28/2018
TAGS: ELAB PGOV PREL PHUM BM
SUBJECT: BURMA: PREPARING FOR THE ANNUAL ILO CONFERENCE

REF: A. RANGOON 286

B. RANGOON 168

C. RANGOON 127

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 04 RANGOON 000424

SIPDIS

STATE FOR EAP, IO AND DRL
DEPT PLEASE PASS TO DEPT OF LABOR ILAB OFFICE
PACOM FOR FPA
US MISSION TO GENEVA FOR LABOR ATTACHE

E.O. 12958: DECL: 05/28/2018
TAGS: ELAB PGOV PREL PHUM BM
SUBJECT: BURMA: PREPARING FOR THE ANNUAL ILO CONFERENCE

REF: A. RANGOON 286

B. RANGOON 168

C. RANGOON 127

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


1. (C) Summary. Although the Burmese Government has taken
steps to address forced labor and child soldier issues,
forced labor continues to be a significant problem in Burma,
ILO Liaison Officer Steve Marshall told us. During the
annual ILO Conference, ILO members should question the GOB's
commitment to the application of the Supplementary
Understanding on Forced Labor, why the government has yet to
publicly confirm its commitment to eliminate forced labor and
the use of child soldiers, and whether the Burmese people
understand their labor rights. According to Marshall, the
number of forced labor complaints has decreased recently, but
the number of child solider cases has increased. He expects
that as the GOB continues with its post-Cyclone Nargis
reconstruction, the number of forced labor complaints will
also increase. The GOB in recent months has allowed the ILO
to educate military officers and judges about forced labor
and human rights, has agreed to a Burmese-language
translation of the Supplementary Understanding on Forced
Labor, and has permitted the ILO officers to travel without
government liaison officers. Marshall emphasized that ILO
members should encourage the GOB to strengthen its commitment
to the Forced Labor Mechanism, including conducting education
awareness and imposing harsher punishments for perpetrators
of forced labor, particularly military officers. End
Summary.

Addressing Forced Labor
--------------


2. (C) During the past 14 months, the Burmese Government has
taken steps to address forced labor, acknowledged ILO Liaison
Officer Steve Marshall. However, he cautioned that forced
labor continues to be a significant problem in Burma. While
the GOB is addressing forced labor issues on the civilian
side, it does little to stop the military's use of forced

labor and child soldiers. Marshall noted that during the
annual ILO conference, which begins on May 29, ILO members
will review several issues regarding Burma, including the
GOB's application of the Supplementary Understanding on
Forced Labor (Ref B),whether the Burmese Government has
followed the ILO's recommendation to confirm publicly its
commitment to eliminate forced labor and the use of child
soldiers, and whether the Burmese people understand their
labor rights.


3. (C) According to Marshall, the Burmese Government
publicly supports the Supplementary Understanding and the
mechanism by which people can complain about forced labor
practices, although some parts of the government,
particularly the military, resist the application of the
agreement. Although the agreement forbids the GOB to harass
or punish anyone who files a forced labor complaint with the
ILO, many complainants have been punished in some way, either
harassed by local authorities or detained for a period of
time. Marshall qualified that local authorities may not be
aware of the Supplementary Understanding, noting that the ILO
and GOB must do more to improve the awareness of labor rights
at the local level. He also stated that the government must
adequately punish those who break the law. Marshal advocated
that, during the conference, ILO members should push the GOB
to improve the application of the Forced Labor Mechanism and
properly punish forced labor perpetrators, especially
military officers.


4. (C) The GOB is reluctant to confirm publicly its
commitment to eliminate forced labor and the use of child
soldiers, Marshall declared. The GOB claims that there is no
need for a high-level public statement, since the draft

RANGOON 00000424 002 OF 004


constitution included two articles regarding labor - one
specifically outlaws forced labor and the other allows for
the formation of labor unions. Although the government
announced that the majority of Burmese approved the
constitution during the recent referendum, there were
wide-spread irregularities in the voting process and the
referendum cannot be declared free and fair by any yardstick.
In addition, the enumerated rights are also conditioned.
Many Burmese do not understand the content or meaning of the
regime's constitution and are unaware of the labor laws
included in it. Marshall recommended that the GOB issue a
public statement to inform the Burmese people of their rights
under the law. A public statement would pave the way for an
educational outreach campaign, where the GOB and the ILO
could explain to the people their labor rights.


5. (SBU) Since the first Supplementary Understanding was
signed in February 27, 2007, the ILO has received a total of
89 forced labor complaints. After thoroughly investigating
the complaints, the ILO submitted 46 cases to the Burmese
Government for action; the ILO dismissed the other 43 cases
due to lack of evidence or lack of a complainant, Marshall
explained. Of the 46 cases, the GOB resolved 28 of them,
although the ILO remains unsatisfied with the GOB's
inadequate punishment of the military perpetrators of forced
labor in two of the cases (Ref B). According to Marshall,
civilian authorities perpetrated forced labor in 17 of the 46
cases; military officials were involved in five cases; 21
cases were child soldier cases; and three cases dealt with
the harassment or detention of complainants. Marshall told
us that the ILO is still investigating an additional seven
cases of forced labor. Most of the cases received come from
Rakhine and Mon States and Bago, Rangoon, and Irrawaddy
Divisions. Marshall predicted that the number of forced
labor cases will increase as the GOB continues with its
post-Cyclone Nargis reconstruction plans (to be reported
septel).

Child Soldiers Still An Issue
--------------


6. (C) The ILO continues to receive forced labor complaints,
the majority of which are child soldier cases. With recent
child soldier complaints, the GOB has worked with the ILO to
identify the children and return them to their families.
However, the GOB continues to place the burden of proof on
the children and the ILO rather than on the recruiters. When
detailed, specific information is available, it takes
approximately two weeks to resolve the cases, Marshall noted.
To date, the GOB has resolved all of the child soldier cases
vetted by the ILO.


7. (C) Although the GOB acts quickly on child soldier cases,
Marshall indicated that the Burmese regime questions the
ILO's decision to include on its register any cases where a
child was recruited into the military before the
Supplementary Understanding went into effect. Marshall
informed the Minister of Labor that the date when a child was
recruited into the military did not matter - the point as
that they were underage when they joined the military. If
the child was still under 18, even though he was recruited
before February 2007, the ILO would forward the case to the
GOB for action. If the child is now over the age of 18, the
ILO office highlights that he entered the military as a child
solider and should be able to leave the military if he
chooses. Ministry of Labor officials and Marshall continue
to discuss this issue.

Highlighting Recent GOB-ILO Cooperation
--------------


8. (C) For the past six months, the ILO office has pressed
the Ministry of Labor to approve a Burmese-language
translation of the Supplementary Understanding, which the ILO
planned to use in its education outreach program. On May 19,

RANGOON 00000424 003 OF 004


the Burmese Government approved the ILO's translation.
Marshall noted that his office was currently producing copies
of the document for distribution and would begin outreach in
July. The ILO has also drafted a brochure that explains
people's labor rights and how to file a complaint; the GOB
has yet to approve this document but Marshall expects
approval within the next few months.


9. (C) In recent months, the GOB has responded positively to
ILO requests to conduct training of military and civilian
officials, Marshall noted. In February, Marshall hosted a
two-day training session for 67 township-level judges, where
he briefed them on the legal aspects and application of ILO
Convention 29 on Forced Labor and on the Burmese Law on Child
Soldiers and Forced Labor (Ref C). In May, the ILO held a
five-day train-the-trainers course for 37 military
recruitment officers, where Marshall introduced best
practices to prevent recruitment of children and encouraged
officers to keep better recruitment records, including proof
of age for any new soldiers (Ref A). According to the Deputy
Minister of Labor, these officers are now holding follow-on
courses within various military regiments. Marshall will
train an additional 37 military recruitment officers during
the last week of June.


10. (C) Marshall also noted that the Ministry of Labor has
granted his recent requests to travel around Burma to
investigate forced labor complaints; he has traveled freely
without a GOB liaison officer. Marshall and his ILO
translator traveled to Bago Division May 19-20 where they met
with several Burmese who complained that the military was
forcing villagers into sentry duty. According to the
complainants, each household from villages living along the
railway line had to provide one male to stand a 12-hour guard
shift at the railroad. None of the villagers received a wage
for sentry duty. While this practice has occurred for years,
locals only complained to the ILO after one villager died
while on sentry duty. Marshall said that he forwarded this
case to the GOB for action after his trip; the Bago Division
Regional Commander on May 22 reprimanded several military
officers and ordered that civilians should not stand guard
duty. Despite the quick GOB response, the ILO considers the
case still open, Marshall told us.

Raising Freedom of Association
--------------


11. (C) Marshall told us that during the annual conference,
the ILO Workers Group may raise the issue of Freedom of
Association and the right to form labor unions in Burma. He
was unsure whether the group would request a special sitting
on the lack of Freedom of Association in Burma, would submit
a special resolution on the topic to the ILO members, or
would request to start a Commission inquiry into Burma's
actions under the Article 24 process. There is some
foundation for the Workers Group's concerns, Marshall stated,
noting that the ILO continued to monitor the status of the
detentions, court cases, and appeals involving Burmese who
worked on labor issues - including Su Su Nwe, Htet Wei, and
the six individuals arrested in conjunction with a May 1,
2007 labor seminar at the American Center (Ref B).
According to Marshall, the GOB claims that these people were
not arrested for their involvement in labor issues, but
because they were acting to undermine the political stability
of the government. These individuals remain in detention and
the courts have not yet issued decisions on the appeals of Su
Su Nwe, Htet Wei, and the six May Day activists.

Politicizing the Complaint Process
--------------


12. (C) Ministry of Labor officials continue to complain
that the NLD and other pro-democracy organizations are using
the Forced Labor Mechanism to politicize the complaint
process. Before each investigation trip, Labor officials

RANGOON 00000424 004 OF 004


request that Marshall not meet with anyone from the NLD nor
accept forced labor complaints from the NLD, arguing that the
NLD uses the agreement to undermine the regime's credibility
and promote political instability. Marshall told us he has
informed GOB officials that his office conducts a thorough
investigation of each complaint, looking at the substance of
case rather than who made the complaint. The ILO receives
many politically-driven complaints, he acknowledged, but the
office does not submit these to the GOB for action. The ILO
remains cognizant of the GOB's concerns, but reserves the
right to accept complaints from anyone, regardless of
political affiliation, Marshall declared. Marshall also
noted that he had received two forced labor complaints from
the regime's mass member organization, USDA.

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


13. (C) Burma remains one of the worst perpetrators of
forced labor in the world, and the ILO's case record does not
reflect the reality of the situation. The ILO is unable to
investigate all reports of forced labor because the
Supplementary Understanding states that the ILO can only
investigate cases when it has an actual complaint from a
forced labor victim or facilitator. Many people fear
retaliation if they file a complaint. As a result, the ILO
receives information on only a fraction of forced labor and
child soldier cases. As long as the military rules Burma, it
will protect its own and the main perpetrators of forced
labor will go unpunished. Forced labor will continue to be a
major problem until the government addresses the root causes
of forced labor, takes concrete steps to reduce child soldier
recruitment, and punishes military perpetrators of forced
labor and child solider recruitment. We should take the
opportunity at the ILO Conference to push for significant
action by the GOB to address forced labor in Burma. We also
welcome the ILO's increased attention to the major violations
of freedom of association in Burma, where any gatherings of
more than five individuals require government approval.

VILLAROSA