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