EMBASSY KYIV COMMENTS ON DOL DRAFT LIST OF GOODS

UNCLAS KYIV 000119 SIPDIS DEPT OF LABOR FOR DOL/ILAB - RACHEL RIGBY STATE FOR DRL/ILCSR (MMITTELHAUSER),G/TIP (SSTEINER),AND EUR/UMB (RBMARCUS) E.O. 12958: N/A TAGS: ELAB ETRD EIND PHUM SOCI KTIP UP SUBJECT: EMBASSY KYIV COMMENTS ON DOL DRAFT LIST OF GOODS PRODUCED BY CHILD, FORCED LABOR REFS: A) STATE 3075 B) KYIV 95 C) 2008 KYIV 953 D) 2008 STATE 41381 ¶1. As requested by ref A, Post would like to comment on the draft list of foreign-produced goods that the Department of Labor has reason to believe are produced by forced labor or child labor. Ref B contained Post's latest information on child labor in Ukraine, and ref C specifically addressed the potential for Ukrainian goods to be produced by forced or child labor. ¶2. Post does not/not believe that coal from Ukraine should be listed as a good derived from forced or child labor. As refs B-C point out, neither child nor forced labor is suspected of being used at any of Ukraine's official coal mines, either state-owned or privatized. Child labor in this sector is limited to small, unsanctioned, illegal coal mines, and actual cases are believed to be few. In addition, the amount of coal produced by such illegal mines is insignificant compared to the sector as a whole, and it is very unlikely that coal produced by such mines could ever be exported. Another factor worth considering is that the GOU has made progress in recent years in eliminating child labor at these mines; recent surveys conducted by the ILO indicate that enhanced GOU enforcement efforts have at least eliminated child labor underground at unsanctioned coal mines. ¶3. Jerry Triplett, President of Partnership for Energy and Environmental Reform (PEER),which implements the Department of Labor's Coal Mine Safety Program and has worked directly with Ukrainian coal mines for many years, confirmed to Econoff on January 14 that PEER has never encountered child labor at any Ukrainian mines. Triplett said he believed any incidents of child labor were isolated, likely only occurring at family-run "dog holes" - - i.e. very small, unlicensed, bootlegging operations. ¶4. In Ukraine, placing Ukrainian coal on the Department of Labor's list would undoubtedly generate surprise and demands for evidence of significant child labor at mines. Post has no such evidence and would request details on sources used should the Department of Labor keep Ukrainian coal on the list. If concrete, convincing evidence cannot be produced, then we expect the GOU, politicians of all colors, and the local media to quickly accuse the USG of ulterior motives, aimed at perhaps creating an unfair competitive advantage for U.S. mines by slandering Ukraine. ¶5. Post has no objection to keeping pornography on the list. TAYLOR