ILO AND GOB RENEW SUPPLEMENTARY UNDERSTANDING ON

C O N F I D E N T I A L SECTION 01 OF 03 RANGOON 000133 SIPDIS STATE FOR EAP, IO AND DRL PACOM FOR FPA US MISSION GENEVA FOR LABOR ATTACHE E.O. 12958: DECL: 03/03/2019 TAGS: ELAB PGOV PREL PHUM BM SUBJECT: ILO AND GOB RENEW SUPPLEMENTARY UNDERSTANDING ON FORCED LABOR REF: RANGOON 45 Classified By: Economic Officer Samantha A. Carl-Yoder for reasons 1.4 (b and d). Summary -------------- ¶1. (C) The ILO and the Ministry of Labor on February 26 signed an agreement extending for an additional year the ILO-GOB Supplementary Understanding (SU) on Forced Labor. Although the ILO had planned to extend the SU indefinitely, the GOB claimed it did not want to "tie the hands" of a future government to be elected in 2010. The GOB agreed to allow the ILO to conduct awareness trainings in sensitive locations during 2009, pledged to review policies on the use of prison labor, and issued a press statement about the illegality of forced labor. Visiting ILO Executive Director Kari Tapiola reported that his meetings with the GOB yielded a more interactive and substantive dialogue, which he said indicates greater GOB willingness to address forced labor. Although the SU has been extended, we recommend that the U.S. delegation to the March ILO Governing Body meeting continue to urge the GOB to put its commitments to eradicate forced labor into practice, including allowing people to complain without fear of retribution, encouraging awareness raising for the general population, and punishing military perpetrators of forced labor and child solider recruitment. End Summary. Another Year, Another Extension -------------- ¶2. (C) During his February 23-28 visit to Burma, ILO Executive Director Kari Tapiola met with government officials, including Minister of Labor Aung Kyi, Deputy Labor Minister General Tin Tun, and members of the Burmese Working Group on Labor; the Central Executive Committee of the National League for Democracy (NLD); key diplomats; and ILO facilitators. Despite repeated requests, Tapiola was not allowed to visit Insein Prison to meet with imprisoned labor activists (including Su Su Nwe, Win Aung, and six people arrested after a May Day seminar in 2007 on labor issues at the American Center). ¶3. (C) After months of negotiations, the ILO and GOB agreed on February 26 to extend for an additional year the Supplementary Understanding (SU) on Forced Labor, which created a mechanism for Burmese to file official complaints with the ILO. Since the creation of the SU in 2007, the ILO has received more than 135 formal complaints, the majority of which have been successfully resolved, according to Tapiola. Although the ILO had originally planned to extend the SU indefinitely with a termination clause (Reftel),ILO Liaison Officer Steve Marshall told us the Burmese Government preferred only a one-year extension because it claimed it did not want to "tie the hands" of a future government given that elections will be held in 2010. Privately, Marshall indicated he also preferred a one-year extension, as the renewal process keeps pressure on the GOB to meet its commitments on eradicating forced labor. ¶4. (C) Although the SU extension agreement did not include benchmarks to measure GOB commitment on forced labor eradication, Tapiola and Minister of Labor Aung Kyi negotiated several benchmark-like indicators, including on awareness raising, GOB resolution of forced labor cases, use of prison labor, and prosecution of perpetrators of forced labor. Tapiola told us that these discussions were the most substantive and informative the ILO has had with the GOB in past years, leading him to believe that elements of the GOB are committed to eradicating forced labor. ¶5. (C) Tapiola highlighted several specific positive developments during his trip. The Ministry of Labor not only RANGOON 00000133 002 OF 003 agreed to allow Marshall to conduct awareness training in 2009 for both civilian and military officials, but also approved requests for Marshall to travel to "sensitive locations." During the next three months, Marshall will conduct three seminars in Lashio, Shan State; Sittwe, Northern Rakhine State; and Hpa-an, Karen State -- all areas where the ILO has yet to visit. Additionally, the Ministry of Labor immediately agreed to the Burmese-language translation of the SU extension (approval for prior translations took almost one year),enabling the ILO to disseminate it quickly. The GOB also issued a statement in several local journals on February 27, announcing that the use of forced labor is prohibited under Burmese law. While Tapiola admitted that the press release was not the high-level statement on forced labor that the ILO requested, it was a step in the right direction. ¶6. (C) Tapiola and Marshall also pressed the issue of the use of prisoners as forced labor. Minister Aung Kyi reportedly replied that Prison Department Officials will review the manual on prison labor use and will consult with the ILO to ensure their practices meet international standards. (Note: Prison administration falls under the Ministry of Home Affairs. End note.) Tapiola also broached the topic of Burma's agricultural policy and how forced farming constitutes forced labor. According to Marshall, GOB officials refused to discuss agricultural policy, stating that perhaps the next government would consider reviewing it with the ILO. Marshall noted that the ILO remains concerned that the application of the GOB's agricultural policy creates a system of forced farming. Marshall pledged to raise the issue again with Aung Kyi, emphasizing that the ILO's intent is not necessarily to change GOB policy but rather ensure that its application does not create a system of forced labor. Areas for Improvement -------------- ¶7. (C) While Tapiola lauded the visit as a success, he did acknowledge that the GOB must take action on a number of issues to show that it is committed to preventing forced labor. For example, the Ministry of Labor told the ILO it would be "difficult" to approve a Burmese-language brochure on how to file a forced labor complaint because GOB officials believe the document could be misinterpreted or used by groups to advance their political agenda. The ILO will continue to push for a brochure as part of its awareness training, Marshall stated. Tapiola stressed that the Ministries of Labor and Defense must punish forced labor perpetrators, particularly military officials, under the Penal Code rather than just through administrative actions. The ILO also warned the Ministry of Labor that the ILO Governing Body will continue to review the GOB's arrest and punishment of labor complainants and facilitators, as well as its prohibition on freedom of association. Submitting Forced Labor Complaints -------------- ¶8. (C) Marshall confirmed that the SU only allows Burmese citizens resident in Burma to file forced labor complaints with the ILO. He noted, however, that anyone, regardless of nationality or organizational affiliation, who observes forced labor practices should submit the information to the ILO. While the ILO office cannot conduct an investigation without a formal complaint, Marshall stated that he can conduct an assessment of regional labor practices to ensure they meet international standards. Comment -------------- ¶9. (C) Relations between the ILO and the GOB continue to improve under Marshall's tenure and Aung Kyi's leadership at RANGOON 00000133 003 OF 003 the Ministry of Labor. The ILO is confident that the Ministry of Labor will do what it can to promote best labor practices and prevent forced labor, but acknowledges that the Ministry has little power vis-a-vis the military when it comes to punishments of military perpetrators. Aung Kyi has acknowledged this limitation, and has recommended the ILO meet directly with the Ministry of Defense on the issue. The ILO will continue to work on establishing a relationship with the Ministry of Defense, although Marshall privately believes it to be a lost cause. The extension of the SU provides a framework by which the ILO can continue to work with the GOB, although we find the lack of official benchmarks to be a continuing shortfall. We recommend that the U.S. delegation to the March ILO Governing Body meeting continue to urge the GOB to put its commitments to eradicate forced labor into practice, including allowing people to complain without fear of retribution, encouraging awareness raising for the general population, and punishing military perpetrators of forced labor and child solider recruitment. VAJDA