BURMA: PREPARING FOR THE ILO GOVERNING BODY

C O N F I D E N T I A L SECTION 01 OF 03 RANGOON 000884 SIPDIS STATE FOR EAP, IO AND DRL PACOM FOR FPA US MISSION GENEVA FOR LABOR ATTACHE E.O. 12958: DECL: 11/13/2018 TAGS: ELAB PGOV PREL PHUM BM SUBJECT: BURMA: PREPARING FOR THE ILO GOVERNING BODY MEETING REF: A. RANGOON 822 ¶B. RANGOON 875 RANGOON 00000884 001.2 OF 003 Classified By: Economic Officer Samantha A. Carl-Yoder for reasons 1.4 (b and d). Summary -------------- ¶1. (C) According to ILO Liaison Officer Steve Marshall, forced labor continues to be a significant problem in Burma, despite limited GOB actions to address forced labor and child soldier issues. He encourages ILO members during the upcoming ILO Governing Body Meeting to question the GOB delegation on the following: its commitment to the application of the Supplementary Understanding (SU) on Forced Labor; why it has yet to publicly confirm its commitment to eliminate forced labor and the use of child soldiers; and what steps it has taken to ensure the Burmese people understand their labor rights. The SU will expire in February 2009; the ILO Governing Body must determine whether ILO Burma should renew the existing agreement or propose to amend it. Embassy Rangoon encourages the U.S. delegation to consider a renewal of the SU with specific benchmarks for GOB action on forced labor. Additionally, we recommend the U.S. delegation press 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) ILO Liaison Officer Steve Marshall reports that since February 27, 2007, when the ILO and GOB signed the SU on Forced Labor, which established a mechanism for the filing and investigation of forced labor complaints, the Burmese Government has made some positive efforts. According to Marshall, the GOB publicly supports the SU and the mechanism by which people can complain about forced labor practices, although some parts of the government, particularly the military, resist application of the agreement. Marshall advocates that, during the November Governing Body meeting in Geneva, ILO members push the GOB to improve the application of the Forced Labor Mechanism and properly punish forced labor perpetrators, especially military officers. ¶3. (C) The ILO has received a total of 122 forced labor complaints since February 2007. After thoroughly investigating the complaints, the ILO submitted 70 cases to the Burmese Government for action; the ILO dismissed the other 52 cases due to lack of evidence or lack of a complainant, Marshall explained. Of the 70 cases, the GOB resolved 50 of them, although the ILO remains unsatisfied with the GOB's inadequate punishment of the military perpetrators. (Note: We do not have exact figures on how many forced labor cases were perpetrated by the military. However, the military was involved in all 36 child solider recruitment cases. End Note.) Marshall told us that the ILO is still investigating an additional six cases. He cautioned that forced labor continues to be a significant problem in Burma, and the modest number of forced labor complaints does not reflect the severity of the problem. ¶4. (C) Marshall told us that the main reason for the relatively low number of complaints is the Burmese people's lack of awareness of both their labor rights and the complaint filing process (Ref A). The GOB, which has allowed the ILO to educate military officials about proper recruitment techniques and labor rights, has yet to approve for ILO dissemination either the Burmese-language translations of the SU or a brochure on how to file a complaint. Additionally, Marshall underscored that people remain afraid of reprisal should they file a forced labor RANGOON 00000884 002.2 OF 003 complaint, particularly if they are affiliated with the National League for Democracy (NLD). The recent case of the GOB arresting three farmers who filed a complaint on behalf of 63 farmers, as well as their NLD advocate (Ref B),only exacerbates the fear, he noted. In the past year, the GOB has harassed several ILO facilitators who were affiliated with the NLD, arguing that they use the SU to politicize the complaint process. Child Soldier Cases Increase -------------- ¶5. (C) The majority of the ILO's forced labor complaints in 2008 deal with child soldier recruitment rather than forced labor per se, Marshall explained. The GOB has resolved all 36 child soldier cases, working 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. Additionally, Marshall underscored that the military often does not adequately punish, by ILO standards, those who recruit children -- an issue the ILO has raised frequently since ¶2007. In the past two weeks, the military has taken some steps to improve punishments: in four cases, military perpetrators either lost a significant portion of their salary (between one month to one year's worth) or lost one year in service. While Marshall acknowledges this progress, he notes that the timing of the decision coincided with the upcoming ILO meeting. The military must apply strict punishments for all cases over a sustained period of time to claim real progress, he noted. ¶6. (C) The GOB is reluctant to confirm publicly its commitment to eliminate forced labor and the use of child soldiers, despite the Governing Body's recommendation to do so, Marshall declared. The GOB claims that there is no need for a high-level public statement, since the draft constitution includes two articles regarding labor. One specifically outlaws forced labor and the other allows for the formation of labor unions. Marshall has 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 expansive educational outreach campaign, through which the GOB and the ILO could explain to the people their labor rights. Thus far, however, the GOB has not issued such a statement. Highlighting Recent GOB-ILO Cooperation -------------- ¶7. (C) Thus far in 2008, the GOB has responded positively to ILO requests to conduct training of military and civilian officials, Marshall noted. In the past 10 months, the ILO has hosted five training sessions for 67 township-level judges, more than 100 military recruitment officers, and an additional 50 civilian officers in five states and divisions. Topics discussed included the legal aspects and application of ILO Convention 29 on Forced Labor, an explanation of the Burmese Law on Child Soldiers and Forced Labor, best practices to prevent recruitment of children, and how officers can keep improved recruitment records, including proof of age for any new soldiers (Ref A). Nevertheless, while the GOB allowed the ILO to educate civilian and military officers, it does not allow the ILO to educate the general public about labor rights. Approval of both documents would prove to the ILO Governing Body that the GOB is committed to increasing awareness about forced labor, Marshall emphasized. ¶8. (C) Marshall noted that the Ministry of Labor has met its access obligations under the SU, granting his requests to travel around Burma to investigate forced labor complaints without a GOB liaison officer. The ILO and GOB have conducted two joint investigations in 2008. RANGOON 00000884 003.2 OF 003 No forced Labor in the Delta -------------- ¶9. (C) Marshall reiterated that while news outlets continue to report cases of forced labor in the Irrawaddy Delta, the ILO has not received any official complaints, despite having four facilitators working directly in the Delta. Although the ILO technically cannot investigate without a formal complaint, the ILO Deputy Liaison Officer will travel to the Delta at the end of November to attempt to validate some of the reported stories. Minister of Labor Aung Kyi quietly approved the ILO's travel to the Delta, since Marshall pledged to correct any misperceptions should the ILO not find any alleged forced labor victims. To Renew or Not to Renew... -------------- ¶10. (C) During the upcoming Governing Body meeting, ILO members will discuss the future of the Supplementary Understanding. Marshall told us that ILO members have three options: to renew the SU for an additional year, to extend the SU indefinitely, or to renew the SU with "conditions" that the GOB must meet to prove its commitment to combating forced labor. Marshall noted his reluctance to renew the existing agreement in its current form, arguing that it should be amended to include indicators to measure whether the GOB is meeting its obligations on preventing and combating forced labor. He plans to meet with key delegations and labor organizations at the sidelines of the Governing Body meeting to advocate for the third option: to renew the SU with "conditions." Comment -------------- ¶11. (C) According to the ILO, Burma remains one of the worst perpetrators of forced labor in the world. The increase in the ILO's case record, while positive, does not indicate a significant improvement in 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 are unaware of their right to bring complaints to the ILO, or fear retaliation if they do so. As a result, the ILO believes it receives information on only a fraction of forced labor and child soldier cases. The United States should take the opportunity at the ILO Conference to push for significant action by the GOB to address forced labor in Burma. Embassy Rangoon also recommends the U.S. delegation consider Marshall's proposal to amend the existing SU to include conditions, which would enable the international community to measure the GOB's commitment and success in combating forced labor. DINGER