BURMA: SUPPLEMENTARY UNDERSTANDING ON FORCED LABOR

C O N F I D E N T I A L SECTION 01 OF 03 RANGOON 000051 SIPDIS STATE FOR EAP, IO AND DRL PACOM FOR FPA US MISSION GENEVA FOR LABOR ATTACHE E.O. 12958: DECL: 01/02/2019 TAGS: ELAB PGOV PREL PHUM BM SUBJECT: BURMA: SUPPLEMENTARY UNDERSTANDING ON FORCED LABOR EXTENDED REF: A. 2009 RANGOON 45 ¶B. 2009 RANGOON 37 ¶C. 2009 RANGOON 746 ¶D. 2009 RANGOON 875 Classified By: Economic Officer Marc Porter for reasons 1.4 (b and d). Summary -------------- ¶1. (C) The International Labor Organization (ILO) and Government of Burma (GOB) have signed a one year extension to the Supplementary Understanding (SU) on Forced Labor - the basis upon which ILO's representative in Burma is permitted to receive forced labor complaints and advocate for resolutions. While noting some progress, such as newly granted permission to distribute an informational brochure, ILO remains at loggerheads with the GOB over a group of linked forced labor cases in Magwe division, which may jeopardize the ILO's presence in Burma. That conflict contributed to a curtailment of ILO participation in the 7th annual Coordinated Mekong Ministerial Initiative Against Trafficking (COMMIT),and gave ILO officials a vivid picture in Magwe of how far some portions of the GOB will go to attempt to paint a false picture. End summary. Extension of Supplementary Understanding -------------- ¶2. (SBU) ILO Executive Director Kari Tapiola and Steve Marshall, the ILO Liaison Officer in Rangoon, told diplomats at a January 22 briefing that the ILO and GOB signed a one year extension to their SU on forced labor to February 2011. The SU was initially signed in 2007 (REFTEL) and has been renewed annually. The scope of the SU remains unchanged. Labor Minister Aung Kyi, with whom ILO officials have a good relationship, indicated that the extension, which presumably will allow the ILO to continue its activities throughout the coming 2010 election period and into the term of the succeeding government, was a significant concession. The GOB initially had attempted to negotiate an extension only until the election, proposing that the current regime could not bind the succeeding government. Tense Times in ILO-GOB Relationship -------------- ¶3. (C) Tapiola and Marshall did not divulge to the group of diplomats details of their negotiations with the GOB other than a cryptic remark about 'difficult discussions.' However, Marshall met with Pol-Econoff and G/TIP TDYer in 
Bagan January 19 and revealed a strained relationship. The embassy officers were in Bagan to attend the 7th annual COMMIT meeting. Marshall and a Geneva-based ILO team headed by Tapiola had travelled to Bagan to attend the meeting, as previously planned, but upon arrival were informed the GOB had arranged a full day of sightseeing. ILO responded that Tapiola was there to attend the conference. GOB officials succeeded in preventing ILO representatives from attending the meeting, although the ILO team managed to meet with a few delegates and observers at their off-site hotel. Tapiola later told CDA at a Rangoon dinner that it appeared two portions of the GOB (the Labor Ministry and the Home Affairs Ministry) had not coordinated on plans. Home Affairs, which organized the COMMIT meeting, won the day. ¶4. (C) Marshall noted to Emboffs that another explanation for the Bagan fiasco could be ILO's vigorous pursuit of a group of linked forced labor cases in Magwe Division that led to the imprisonment of thirteen farmers, their lawyer, and their facilitator. (REFTELS) The ILO has privately taken a hard line on the Magwe forced labor cases, going so far as telling the GOB that the ILO "will pull out" of the country if the issue is not resolved. Marshall reported the authorities offered to release the "five least dangerous RANGOON 00000051 002 OF 003 farmers." The Tapiola team drove to Magwe Division after Bagan to speak directly with the farmers and local authorities. At the diplomatic briefing in Rangoon, Marshall described the Magwe case as an example of local authorities going their own way, sometimes contravening directions from Nay Pyi Taw, on forced labor cases. ¶5. (C) At the Rangoon dinner, Marshall and Tapiola revealed that when the team reached Magwe Division the minders stopped the convoy at a village, saying it was the place of the controversy. The ILO local reps realized it was not the right place and insisted on proceeding to the right village, a few miles onward. The authorities had bussed in "villagers" to the first place, and those "villagers" then were bussed on to provide a tense background at the right village. None the less, the aggrieved population of the right village spoke freely with the ILO about their case and the suffering they have endured because of making their complaint. The attempted GOB subterfuge, however, left an indelible impression on the visitors. Reports to the ILO on Forced Labor -------------- ¶6. (C) In the private meeting with Emboffs in Bagan, Marshall noted that the ILO has received more complaints from Magwe than any other region, speculating that the populace in Magwe has seemed in the past to be more aware and more willing to lodge protests than in other regions, though he admitted to not know why this was the case. Marshall also noted that most forced labor complaints submitted to the ILO have come from "white areas" where there are minimal security concerns. While the ILO receives information on forced labor from "black" areas (where there are operational military activities against armed insurgent groups and where forced labor problems may well be at their worst),Marshall commented that it is difficult for people in those areas to submit complaints, and the ILO does not have access to these areas due to security reasons. Marshall noted that, since the unfortunate example of criminal convictions in Magwe, the number of complaints flowing into the ILO office in Rangoon has "dried up." New Brochure to Highlight Forced Labor -------------- ¶7. (C) ILO has received permission to produce and distribute a pamphlet in Burmese that will describe forced labor and provide information on seeking redress, ILO officials told the diplomatic briefing. This has been on the ILO's agenda with no past success. It is good news. Marshall separately told Econoff that he has submitted a proposed text for the brochure to the GOB and is awaiting their suggested "improvements." Marshall expected that the final wording of the brochure would be the result of back-and-forth negotiation. Funding for the brochure will likely come from existing ILO resources, but they may also ask Germany for financial assistance. Marshall inquired whether the USG would be interested in helping finance the effort. Marshall hopes to distribute the brochure through NGOs, religious organizations, the UN, and GOB-linked organizations. Comment -------------- ¶8. (C) We are encouraged that the ILO has received GOB permission to continue operations into 2011. The ILO Rangoon office may be the most energetic UN entity here in pushing on important human rights issues in ways that actually achieve results. It will be interesting to observe how much scope for action the regime actually allows the ILO reps in the lead-up to elections. Rumors abound that all international entities and NGOs will have their activities severely restricted during the election season, with the regime not wanting outsiders to influence voters or to observe election RANGOON 00000051 003 OF 003 preparations. The ILO is certainly correct in considering a solution to the Magwe case, at the least freeing those wrongly convicted, as truly important. Absent the ability to complain without retribution, many people will be too fearful to exercise their "rights," leaving the ILO role minimal. ¶9. (C) Marshall's belief that the trouble in Magwe stems from regional, rather than central, GOB actors is interesting. We are aware that regional military commanders do have considerable power to run their own turfs. We doubt regional labor officials have the same abilities, unless they also have regional military backing. With the Magwe case having become a major ILO issue, one would think central GOB actors will become engaged, if they were not already. ¶9. (C) During the ILO dinner, Tapiola noted how much better relations with the Ministry of Labor are since Aung Kyi received the role. That prompted the Charge to ask what relations were like with the previous minister, U Thaung, the regime's designated point of contact for engagement with the USG. Tapiola rolled his eyes and wished us luck. He clearly found U Thaung a very rigid interlocutor. Tapiola said he had been forced to let the GOB know that, if U Thaung remained Labor Minister, the ILO would have to rethink its engagement. Then came Aung Kyi. DINGER