BURMA GOVERNMENT INFORMALLY REQUESTS ILO

C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 000437 SIPDIS STATE FOR EAP, IO, G/TIP, AND DRL DEPT FOR LABOR FOR ILAB PACOM FOR FPA US MISSION TO GENEVA FOR LABOR ATTACHE E.O. 12958: DECL: 07/14/2019 TAGS: ELAB PGOV PREL PHUM PINR BM SUBJECT: BURMA GOVERNMENT INFORMALLY REQUESTS ILO ASSISTANCE WITH LABOR LEGISLATION REF: A. 08 RANGOON 519 ¶B. RANGOON 133 Classified By: Economic Officer Samantha A. Carl-Yoder for reasons 1.4 (b and d). Summary -------------- ¶1. (C) On the heels of the June ILO Conference where the Committee of Experts lambasted the Burmese Government's constitution for including an exemption on forced labor, GOB officials reiterated their request for ILO assistance in drafting labor laws. ILO Liaison Officer Steve Marshall indicated the ILO could provide assistance should the Burmese Government submit a formal request to ILO Headquarters. The Government's Working Group on Labor continues to update the prison manual to address forced-labor concerns. Marshall observed that officials within the Ministry of Labor appear committed to addressing forced labor. End Summary. Asking for Assistance -------------- ¶2. (C) In 2008, members of the GOB Working Group on Forced Labor approached ILO Liaison Officer Steve Marshall with a request for ILO assistance in drafting and implementing new labor laws as called for in the new constitution. At the time, Marshall indicated the ILO would be willing to assist; however, the GOB would need to submit a formal request through ILO headquarters (Ref A). According to Marshall, the GOB has yet to file such a formal request. ¶3. (C) During the ILO Annual Conference in June, the Committee of Experts criticized the Burmese Government for including a provision in its constitution that allows for the use of forced labor during times of national emergency. According to internal ILO documents, the Committee concluded the constitution "may be interpreted in such a way as to allow a generalized exaction of forced labor from the population." Marshall told us the GOB delegation, headed by Minister of Labor U Aung Gyi and Attorney General U Aye Maung, had visceral reactions to the Committee's conclusions, publicly upholding the validity of the constitution and arguing it would be difficult to amend. ¶4. (C) Privately, however, U Aung Gyi and U Aye Maung approached Marshall in late June to reiterate the GOB Working Group's request for assistance in drafting laws to ensure �A;they reflect the GOB's obligations under international law, particularly with regard to the formation of labor unions. Marshall responded that in addition to drafting new laws, the GOB must review existing related laws, such as the Town and Villages Act (which dates back to the British colonial times and allows for the use of labor for village maintenance projects) and the law that prevents gatherings of five or more individuals, to ensure they do not contradict new laws. U Aung Gyi emphasized to Marshall that the constitutional provision regarding the use of labor refers only to times of national crises, such as Cyclone Nargis. He underscored that Burma was not the only country in the world to have such a provision. ¶5. (C) U Aye Maung told Marshall that higher authorities tasked his office with reviewing all existing laws (not just labor laws) to ensure compliance with the constitution. The Attorney General's office is reportedly to have recommendations ready when the new Parliament determines its legislative agenda, Marshall related. U Aye Maung emphasized that the new Parliament, not the existing regime, would determine law-making priorities. Amending the Prison Manual -------------- RANGOON 00000437 002 OF 002 ¶6. (C) The Burmese Government continues to review and amend the manual on prison-labor use, which currently allows for the use of forced labor in work camps, to ensure it meets international standards, U Aung Kyi told Marshall. Marshall confirmed that the Ministry of Home Affairs, which oversees prison administration, has requested information on international practices for work-camp labor. Marshall told us that work-camp labor itself is not illegal, as long as it is under the authority of the prison administration. In reality, the Burmese military often uses prison labor for military operations (such as portering or sentry duty) or for work in privately-owned operations (such as rock quarries). Marshall told U Aung Gyi that these practices violate international standards. Although U Aung Gyi understood the message, the ILO to date has not seen a draft of the new prison manual. Marshall's Views -------------- ¶7. (C) Marshall told us he believes the members of the GOB Working Group on Labor are committed to addressing labor issues, including forced-labor use, freedom of association, and creation of labor unions. Additionally, his read of the constitution is that it does allow for the creation of independent labor unions, a positive step forward. He opined that the Committee of Experts' criticism of the Burmese constitution's provision allowing forced-labor use during times of national emergency is motivated by Burma's history of abusing such provisions, as well as by the text. Marshall observed that many countries' laws condone the use of forced labor during crises, including natural disasters. Comment -------------- ¶8. (C) We tend to agree that the Minister of Labor and other Working Group members are committed to addressing forced-labor practices; however, we do not share Marshall's optimism for the future. Many of the forced-labor practices in Burma occur under the military's purview, and the military has yet to properly punish forced-labor perpetrators. Burma's provision on the use of labor in times of crises may well mirror other countries' constitutions; however, given the regime's prior track record, we share the Committee of Experts' concerns about how the regime, or a new "democratically elected" government, might implement this provision. DINGER