BURMA: ILO LOOKING TO EXPAND ROLE AFTER CYCLONE

C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 000425

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: ILO LOOKING TO EXPAND ROLE AFTER CYCLONE
NARGIS

REF: A. RANGOON 424


B. RANGOON 286 AND PREVIOUS

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


1. (C) Summary. In the wake of Cyclone Nargis, which
devastated Burma on May 2-3, International Labor Organization
officials are looking to expand the organization's mandate in
Burma so it can address cyclone recovery issues, particularly
the use of paid labor instead of forced labor during
reconstruction and economic development. Since the storm,
the ILO has received informal and unverified reports of
forced labor, forced child labor, and trafficking of persons
in the cyclone-affected regions, but is unable to investigate
them because the office has not received a specific complaint
with solid evidence. During the annual ILO Conference, May
29-June 13, ILO Liaison Officer Steve Marshall plans to
propose to ILO members an expansion of his office's mandate
that would allow him to investigate such cases as well, as
work with the GOB to implement best labor practices in the
cyclone-affected regions. The Minister of Labor has heard
his proposal, but suggested he obtain ILO member approval
before the regime makes a decision. We recommend that the
U.S. delegation support Marshall's request. End Summary.

Forced Labor, Trafficking on the Rise
--------------


2. (C) In the aftermath of Cyclone Nargis, which ripped
through Burma's Irrawaddy and Rangoon Divisions May 2-3, the
number of reports of forced labor, forced child labor, and
trafficking in persons has increased dramatically, ILO
Liaison Officer Steve Marshall told us. The ILO receives
more than five unverified reports daily, but due to its
limitations under the Supplementary Understanding, the ILO
office is unable to investigate these cases. Marshall
predicted that the number of forced labor cases and
complaints will increase as the Burmese Government moves into
its post-Cyclone Nargis reconstruction phase (Ref A). Once
his office receives formal complaints backed by solid
evidence, his staff will launch formal investigations.
However, Marshall's office has yet to receive any formal
complaints and thus cannot take any official action.


3. (C) Marshall told us that his office will be working with
local and international NGOs to monitor trafficking in
persons issues during the next few months. Cyclone Nargis
left many children orphaned, who are vulnerable to
trafficking and forced child labor. Additionally, he has
heard unverified reports of parents selling their children to
raise money to survive. Again, the ILO has not received any
formal complaints, but will monitor the situation closely.

ILO Role Post-Nargis
--------------


4. (C) Because of the ILO's limited mandate in Burma, the
organization does not have a substantial role in the
post-cyclone activities, Marshall admitted. Unlike other UN
organizations, the ILO cannot conduct direct humanitarian
assistance. However, many ILO staff have temporarily
transferred to other UN offices, including UNICEF and UNDP,
to assist with their cyclone-related activities. The ILO is
involved in the child protection cluster, working with
international NGOs and other UN agencies to develop a
targeted strategy to protect children from forced child
labor, forced "volunteering", and trafficking, Marshall noted.


5. (C) The ILO is also involved in the early recovery
cluster, which is coordinating efforts to assist Burmese with
regaining their livelihoods. Marshall noted that in other
countries and after other disasters, the ILO took the lead in
early recovery activities, implementing programs for

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community-based recovery activities, monitoring labor
intensive recovery programs for forced labor reasons, and
encouraging economic development through micro-credit
programs. These are traditional ILO roles in a post-crisis
situation, he declared. Marshall believes that the ILO Burma
Office should play this same role in the post-Nargis
environment and hopes to use cyclone recovery as a way to
expand his organization's mandate. "The cyclone presents an
opportunity for the ILO to show the Burmese Government how to
effectively use labor without the need for forced labor," he
stated.


6. (C) Recognizing that he needed GOB approval to expand the
ILO's mandate in Burma, Marshall spoke to the Minister of
Labor immediately after the cyclone about the ILO's
experiences with other disasters and how his office could
implement the same types of programs. The Minister of Labor
was noncommittal, Marshall noted, but did not dismiss his
request. The Minister suggested that Marshall raise the
issue with the ILO members and obtain their support before
the Minister discussed the proposal with the Senior Generals.
Marshall plans to ask the ILO members to support his request
to expand the ILO Liaison Office's mandate during the annual
ILO Conference in Geneva, May 29-June 13. Marshall requested
that the U.S. delegation support his proposal, explaining
that it would enable his office to promote fundamental labor
principles, such as freedom of association, freedom of
expression, and the right to labor unions, within a
development context.


7. (C) If both the ILO members and the GOB agree to allow
the ILO to expand its mandate, the ILO plans to bring in
three or four specialists who will work with local and
international NGO partners on economic development and labor
issues.

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


8. (C) Although the ILO has a long history of working with
governments on economic development and early recovery
efforts after natural disasters, the ILO Liaison Office in
Burma lacks the mandate to step into this role. Unlike in
most countries, the ILO Burma office can only investigate
specific cases of forced labor; its mandate does not cover
the gamut of traditional ILO activities. Food for Work is a
common program to assist in recovery. However, because of
Burma's history of forced labor abuses, it is important that
any such programs incorporate the ILO's advice from the
beginning. In order to press for improved labor practices,
the Burma office must have a broader mandate. Marshall's
proposal would not only enable the organization to play an
immediate role in Burma's post-cyclone economic, social, and
labor development, but it would also permit his office to
expand its portfolio over the long term. The ILO has
valuable resources and experience that would assist with
long-term recovery efforts, particularly with regard to early
protection of children and vulnerable populations and best
labor practices. We encourage the U.S. delegation to support
Marshall's proposal. Improved dialogue and cooperation with
the GOB on a wider variety of labor issues will expand both
the promotion and understanding of labor rights in Burma.

VILLAROSA