Forced Labor Conference Draws High Interest in Fujian

UNCLAS SECTION 01 OF 02 GUANGZHOU 000008 SENSITIVE SIPDIS STATE FOR EAP/CM, DRL E.O. 12958: N/A TAGS: ELAB KTIP PHUM CH SUBJECT: Forced Labor Conference Draws High Interest in Fujian ¶1. (SBU) Summary: For local labor associations eager to learn more about combating forced labor in China, a recent International Labor Office (ILO) sponsored conference should have been just the right venue. However, for them, as for many officials, a lack of relevant legislation and legal precedent creates complications about how best to address an issue with so many seemingly gray areas. ILO officials -- undoubtedly aware that U.S. law prohibits the importation of prison-labor products into the United States and that Chinese regulations ban any export of prison-made products -- urged companies to do their best to steer clear of prison-made goods. While promoting a new handbook to assist employers and business combat forced labor, one ILO official lamented that current economic difficulties make it more difficult to convince employers to take a serious look at forced labor issues. End summary. Awareness Rising, but Answers Elusive -------------- ¶2. (U) More than 100 industry and labor representatives packed into the aisles December 11 to attend the China Enterprise Confederation and International Labor Office (ILO) sponsored workshop on Addressing Forced Labor. The meetings, held in Xiamen, one of our Virtual Presence Posts, were similar to the previous day's activities that had been held in Zhangzhou, also in Fujian Province. ILO Special Action Program to Combat Forced Labor Head Roger Plant said that the Zhangzhou meetings had involved government labor and social security bureaus and employers organizations, while the Xiamen event consisted of employers, trade associations and some labor NGOs. China's Legal System at the Crux of the Problem -------------- -- ¶3. (SBU) Shortcomings in China's legal system can make it difficult to define forced labor conditions, according to ILO International Labor Standards Specialist Tim de Meyer. After several attendees asked what practices constituted forced labor, de Meyer noted that clear-cut incidents of forced labor -- such as the Shanxi brick kiln case -- were easy to distinguish, but that in borderline cases UN/ILO language relies heavily on the host-country's legislation and legal framework to make a determination. The challenge, said de Meyer, is that China's legal system often lacks the necessary legislation or legal precedent to clearly differentiate between conditions of forced labor and other illegal labor practices. ILO: Stay away from Prison Labor -------------- ¶4. (SBU) Plant gave one clear piece of advice to private company executives attending the conference: make every effort to keep supply chains free from prison labor. (Note: U.S. law prohibits goods produced by prison labor into the United States, and a 1991 Chinese declaration bans the export of prison-made goods from China. End note.) The only exception from an ILO perspective, according to Plant, is work performed by prisoners under "normal conditions," which the ILO defines as voluntary work done in "conditions approximating those of free workers," including issues of reasonable remuneration, conditions of work and contributions to social security programs. (Comment: Because China's prison labor system includes individuals who have not been convicted by a court -- people who, by definition, are engaged in forced labor -- it presumably would be difficult for companies to be confident they were not benefiting from forced labor. Because information about China's prisons, including associated labor camps and factories, is viewed as a state secret and is tightly controlled, the ILO distinctions -- though perhaps useful in other countries -- are generally unhelpful in this case. End comment.) New Resource: A Handbook for Employers and Business -------------- -------------- ¶5. (SBU) ILO officials urged employers to consult the ILO's new publication, "Combating Forced Labor: A Handbook for Employers & Business," to aid in compliance with international standards. Described by ILO Research and Projects Officer Philip Hunter as "hot off the press," the handbook includes sections on frequently asked questions, a checklist and guidance for assessing compliance, a guide for taking action and several case studies. Hunter noted that the ILO does not have the ability to accredit companies as compliant in the avoidance of forced labor practices, but said that employers following the guidelines contained in the handbook basically would be compliant with the ILO's guiding principles. The handbook may be accessed online at GUANGZHOU 00000008 002 OF 002 http://www.ilo.org/sapfl/News/lang-- en/WCMS_099621/index.htm. Hunter lamented that convincing employers to take a serious look at forced labor issues was especially difficult under current economic conditions, but said he hoped that multinationals -- especially large U.S. companies operating in China -- would find the handbook useful and lead the way for their suppliers to integrate ILO labor principles. GOLDBERG