INTERNATIONAL LABOUR CONFERENCE

I. Brief summary of developments
since June 2002

1. In the conclusions it adopted last year at the close of the special sitting concerning the application by Myanmar of the Forced Labour Convention, 1930 (No. 29), the Committee on the Application of Standards inter alia welcomed the establishment of a presence of the ILO in Myanmar, in the form of a Liaison Officer, but emphasized the need for real, rapid and verifiable progress, not only at the procedural level, but also and in particular at the level of the persistent reality of forced labour and the widespread impunity of those responsible, particularly the military. The following brief overview of the main developments since its last session should be of interest to the Committee. In a communication dated 22 July 2002 to the Minister for Labour of Myanmar the Director‑General, noting the general impatience “to see concrete evidence of progress in the eradication of forced labour”, suggested that the two sides should work out “a coherent plan of work and action capable of making a concrete and verifiable impact towards the complete elimination of forced labour”.

2. In September 2002 the Director-General appointed Ms. Hông-Trang Perret-Nguyen as ILO Liaison Officer in Yangon. Ms. Perret-Nguyen took up her assignment in October, taking over from the interim Liaison Officer, Mr. Léon de Riedmatten.

3. At its 285th Session (November 2002), the Governing Body had before it a report [1] from the interim Liaison Officer and the Liaison Officer on developments since June 2002. The interim Liaison Officer and the Liaison Officer had inter alia held discussions with the authorities on the need for a comprehensive plan of action for the effective eradication of forced labour, but it had not proved possible to begin developing such a plan with the authorities. The Governing Body noted the Government of Myanmar’s stated commitment to eradicate forced labour, but requested that this commitment be converted urgently into concrete action through the development of such a plan of action, something that had been requested by the Director-General in a letter dated 21 June 2002 to the Myanmar Minister for Labour.

4. The 286th (March 2003) Session of the Governing Body had before it a report [2] from the Liaison Officer on her activities, including the text of a plan of action presented by the Government of Myanmar, which she was not able to endorse. The report also detailed a number of field visits conducted by the Liaison Officer and gave her impressions of the current situation on the ground as regards forced labour. The report further gave details of discussions between the Liaison Officer and the Convention 29 Implementation Committee concerning allegations of forced labour which had come to the attention of the Liaison Officer.

5. The Governing Body found that the Government plan of action fell far short of its expectations and did not meet the minimum requirements to be meaningful and credible. The Governing Body therefore gave a firm deadline of the end of May – before the start of the International Labour Conference – for agreement on a meaningful plan of action, which should include two missing elements: a pilot region including a systematic search for concrete alternatives to forced labour in that region, and a mediator/Facilitator mechanism to help victims of forced labour to seek redress.

II. Developments since the 286th Session
of the Governing Body (March 2003)

6. Discussions have continued since March, both in Geneva and in Yangon, to agree on the missing elements of the Joint Plan of Action. A formal understanding on the Facilitator was agreed in Geneva on 8 May 2003; the rest of the Joint Plan of Action was agreed in Yangon on 27 May 2003. [3] The final full text of the Joint Plan of Action is reproduced in the appendix.

7. The Joint Plan of Action thus consists of the plan of action put forward by the Government of Myanmar which was before the Governing Body at its March session, supplemented by two abovementioned understandings (together with a cover page and introductory note). The Joint Plan of Action will be implemented over an 18-month period.

8. It has further been agreed between the two parties that the Facilitator will be Mr. Léon de Riedmatten. The Facilitator’s services will be available to all the persons concerned across the country and will be tested in the pilot region. It is understood that this does not in any way affect the mandate of the Liaison Officer who will continue to work with the Implementation Committee as before, including with regard to those allegations of forced labour which are not in the form of specific complaints and which are not dealt with by the Facilitator.

9. The pilot region is a region where “the prohibition on forced labour would be strictly enforced” and where a number of activities will be carried out with the technical assistance and support of the ILO. The designated region is Myeik district in the south of the country.[4] The activities to be implemented in this region will include the development and testing of alternatives to the use of forced labour (one of which will be an ILO-implemented local road construction project using labour-based technologies), and an intensive public information campaign.

10. In order to identify the section(s) of road to be constructed, a team visited Myeik district from 19-22 May. [5] Prior to the visit, the authorities had made a preliminary identification of six project sites. The team visited these sites, and others, in order to have discussions with local people and assess the feasibility and appropriateness of the various options. A final selection of three sites was made, in consultation with the local authorities. [6] This selection of sites will enable the ILO to work with both of the local authorities usually responsible for the construction and maintenance of local roads. [7]

11. The Liaison Officer had meetings with the diplomatic community in Yangon in order to brief them on the content of the Joint Plan of Action, and discuss possibilities for donor funding. The Liaison Officer also briefed the Central Committee of the National League for Democracy [8] as well as representatives of ethnic nationalities’ political parties on developments.

12. On 29 May the Liaison Officer, together with the designated Facilitator, Mr. Léon de Riedmatten, had the opportunity to pay a call on General Khin Nyunt, Secretary-1 of the Sate Peace and Development Council. The Liaison Officer expressed her satisfaction at reaching agreement on a Joint Plan of Action, and her hope that this development would help to resolve the serious problem of forced labour in Myanmar. She hoped that progress on allegations could be made thorough the Facilitator’s work, and in her continued discussions with the Implementation Committee. She thanked General Khin Nyunt for his help in enabling agreement to be reached, and hoped that she could count on his continued support in the implementation of the Joint Plan of Action. General Khin Nyunt noted that there had been a great deal of progress on the forced labour issue. He stressed that the Myanmar authorities wished to have positive and constructive cooperation with the ILO, and were carefully considering the ILO’s advice on how to change their practices. The Government would work closely together with the ILO in the future. Mr. de Riedmatten noted that he had been asked by the Government and the ILO to carry out a very difficult task and he could be counted on to help in any way that he could. General Khin Nyunt stated that he himself stood ready to support the work of the Facilitator.

Geneva, 30 May 2003.

Appendix

Joint Government of the Union of Myanmar-ILO
Plan of Action for the Elimination of Forced Labour
Practices in Myanmar

27 May 2003

Yangon

This Joint Plan of Action, inclusive of Annexes A, B, C and D, has been agreed upon by the Government of the Union of Myanmar and the International Labour Organization as requested by the ILO Governing Body.

U Soe Nyunt

Director-General

Ministry of Labour

Ms. Hông-Trang Perret-Nguyen

ILO Liaison Officer

Yangon, Myanmar

Annex A

Introductory note

Following the agreement on the appointment of an ILO Liaison Officer in Yangon, the ILO Director-General proposed the development of a plan of action capable of making a concrete and verifiable impact towards the complete elimination of forced labour in Myanmar.

At its March 2003 session, the ILO Governing Body took note of the Plan of Action proposed by the Government of Myanmar, and requested that the Plan be supplemented on two points: the establishment of a Facilitator and the pilot region. In the light of this request, the following Joint Plan of Action has been agreed by both sides. Together with this introductory note, it consists of the Plan proposed by the Government, supplemented by two detailed understandings.

The ILO undertakes to provide technical assistance and support for the projects identified in the Joint Plan of Action (the Facilitator; the pilot region, including the local-road construction project and the public information campaign). Detailed proposals will be drawn up for these projects, setting out in concrete terms how they will be implemented and providing cost estimates, on the basis of which funding can be sought.

Appropriate publicity shall be given to the Joint Plan of Action within the framework of the public information campaign envisaged in the Government’s Plan.

The Joint Plan of Action will be implemented over an 18-month period, starting from 1 July 2003.

Annex B

Plan of Action for the Elimination of
Forced Labour Practices in Myanmar
(Proposed by the Government of Myanmar)[9]

Introduction

1. The Government of Myanmar is politically committed to eliminate forced labour. It has taken legislative, executive and administrative measures in order to eliminate this practice from the country. Myanmar has agreed to the appointment of an ILO Liaison Officer with a view to enhancing its cooperation with the ILO in eliminating forced labour. This Plan of Action sets out elements for the effective elimination of forced labour.

Objective

2. The objective is to eliminate forced labour as contained in the provisions of ILO Convention No. 29 in cooperation with the ILO.

3. A number of work programmes are involved in the Plan of Action which aim at the elimination of forced labour in an effective manner.

Work programmes

4. The Plan of Action focuses on the following work programmes dealing with various issues on the elimination of forced labour situations throughout the country.

A. Dissemination of information

(1) Further intensification of public information campaigns

The public information campaigns will be further intensified to raise more awareness of the problem among all segments of the population.

(2) Translation of the Orders into ethnic languages

(a) The Orders issued by the Ministry of Home Affairs prohibiting the use of forced labour published in Myanmar language have already been widely distributed throughout the country.

(b) To reach out more extensively to the ethnic groups, these Orders which have now been translated into Mon, Kayin and Shan languages will be distributed in the aforementioned States. They will also be translated into Chin, Kayah and Kachin ethnic languages for distribution. It is envisaged that the distribution of the Orders in six different ethnic languages will be completed during the first quarter of 2003.

(3) Publication of pamphlets and labour bulletins

Pamphlets containing factual information on Convention No. 29 and other relevant information on the activities relating to the elimination of forced labour will be distributed to the public. The monthly labour bulletin containing news about the functional activities of the Ministry of Labour will be published for distribution to all public libraries throughout the country and to all government and non-governmental organizations. The first issue is expected to be published during the first quarter of 2003.

B. Awareness-raising programmes

With a view to raising awareness of public officials and military personnel on the issue of forced labour, training workshops will be conducted on a phase-by-phase basis. The first phase of this programme will focus on public officials. Military personnel will participate in later phases. This will be a continuing programme to be carried out in 2003 and 2004.

C. Pilot project for local road construction

This is a pilot project for construction of a local road which is of a compatible length of 20 to 30 kilometres. Although this local road construction pilot project will employ labour-based technology, light machinery and equipment should be put into use to avoid workers from doing strenuous work. Further details of this pilot project, including designation of a suitable project area, time frame, etc., will be discussed later.

D. Expansion of animal transportation

In recent years, Myanmar Tatmadaw (armed forces) has introduced animal transportation as an alternative to using porters. However, there have been some constraints and limitations in its efforts to expand this system from the company level to the battalion level. There is a need for sufficient supply of mules, a rare animal species which is essential for use in difficult terrain, for transportation of military supplies and equipment. This shortage could be overcome if a small stock of asses could be supplied which can be used for breeding to augment the supply of this stock.

E. Enhancing public awareness of the mechanism
to make complaints

(1) The Government of Myanmar has established relevant mechanisms to enable the people to make complaints concerning their grievances or damages. The two existing mechanisms are mentioned below:

(a) Provision under Section 374 of the Penal Code. If people are forced to do any work or service without their consent they can make their complaints to the nearest township police station or to the nearest township judicial court of law. Under this provision, action can be taken against those who unlawfully exact forced labour.

(b) Other measures to make complaints by the citizens. According to the Protection of Citizen’s Rights Law, 1975, and Attorney-General Law, 2001, citizens have the right to make complaints for their grievances and damages caused to them. There are provisions to take legal action against those persons or organizations responsible for causing the loss of citizens’ rights or benefits by abuse of power entrusted to them. To invoke these provisions, a citizen can file a complaint at the law offices established at different administrative levels. A separate branch has also been established at the Office of the Attorney-General to receive such complaints.

(2) It is evident that there are legal provisions as well as mechanisms for complaints and legal action for those who have been subjected to forced labour or those whose rights have been violated.

(3) Public awareness campaigns will therefore be intensified to enable the public to make effective use of the existing mechanisms which are in force.

F. Specific functions of Field Observation Teams

The Field Observation Teams have been visiting various parts of the country for inspection and investigation of forced labour practices, as well as to make the public aware of the Orders issued by the Government for elimination of forced labour.

(1) The Chairman of the Implementation Committee, the Deputy Minister for Home Affairs and the Secretary of the Committee, the Director-General of the General Administration Department, have frequently made official tours to various parts of the country. On these occasions, they explained the Orders concerning prevention of forced labour and the consequences in case of failure to abide by them. Moreover, the Deputy Minister for Labour is the Vice-Chairman and the Director-General of the Department of Labour is the Joint Secretary of the above Committee.

(2) The Ministry of Labour on its part has formed seven Field Observation Teams with the Directors-General and the Deputy Directors-General as leaders of respective teams which have been carrying out their function for two years (see attached list). To be effective in identifying instances of forced labour and in prosecuting those responsible, the functions of Field Observation Teams are specified as follows:

(a) The leaders of these teams shall coordinate and collaborate first with the following State/Division authorities:

(1) Secretary of State/Division Peace and Development Councils

(2) State/Division Administrative Officers of the General Administrative Department, Ministry of Home Affairs

(3) State/Divisional Judges, State/Division Courts

(4) State/Division Law Officers, State/Division Law Offices

(5) Commander of State/Division Police Force, Police Colonel

(6) Military personnel concerned

(b) The abovementioned teams will observe the situations mentioned hereunder:

(1) Effectiveness of the existing legislative, administrative and executive measures

(2) Prevalence of forced labour practices in national development and infrastructure building projects; in regional development works; in rural development works and in some plantation areas

(3) Use of forced labour as porters

(1) Method of recruiting workers

(2) Mode of payment for workers

(3) Wage level of workers

(4) Facilities and privileges provided for workers

(d) (1) There are regions and areas from where the allegations on the use of forced labour have mostly emanated. In the light of this, the following regions and areas are being prioritized for field observations during this open season:

(aa) Tanintharyi Division

(bb) Rakhine State

(cc) Mon State

(dd) Kayin State

(ee) Shan State

(2) Myeik District in Tanitharyi division is designated as a “special focus region” for cooperation between the Government of the Union of Myanmar and the ILO. The following shall be implemented in the region:

(aa) A pilot project for construction of a local road of 20-30 kilometres. Although this pilot project for local road construction will employ the labour-based technology, light machinery and equipment shall be put into use to avoid workers from doing strenuous work. Further details on this pilot project, including designation of a suitable project area, in Myeik District, time frame, etc., shall be carried out in consultation with the Liaison Officer.

(bb) Implement on a trial basis a project concerning the use of mules to replace civilian porters.

(cc) Implement an intensive public information campaign and intensify efforts for public awareness of complaint mechanisms set forth in the Plan of Action.

(3) In some remote areas where communication and travel are difficult, there might be unavoidable situations which may entail the use of forced labour despite the existing Orders and instructions. Such situations can be corrected by the visits of the Field Observation Teams to these areas.

(4) As regards the allegations on the use of forced labour, proper investigation will be made by these teams depending on its source, credibility and concrete evidence. The allegations concerning the armed forces will be channelled to the Ministry of Defence through its representative who is a member of the Implementation Committee for the necessary action in accordance with the established procedure under the existing Defence Services Act.

G. Role of the Facilitator

In resolving problems relating to instances of forced labour in the country, it is vital to employ the services of a person who is already familiar with local situations. With this view in mind and in order to have continuity, Mr. de Riedmatten shall continue to act as Facilitator in reviewing instances involving the use of forced labour.

Implementation in cooperation with the ILO

5. Most of the work programmes shall be implemented with the technical cooperation and assistance of the ILO and its Liaison Officer.

Conclusion

6. Although elimination of forced labour is a noble task, it cannot be accomplished overnight. To be realistic and objective, relevant measures in the Plan of Action shall be implemented step by step leading to concrete progress. The Government of Myanmar on its part shall make unremitting efforts for the final elimination of forced labour from the country.

List of Field Observation Teams formed by
the Ministry of Labour

Team No.	Assigned area	Team leader
1.	Bago and Yangon Divisions	Director-General, Department of Labour
2.	Rakhine State	Chairman, Social Security Board
3.	Mon and Kayin States	Director-General, Office of the Central Inland Freight Handling Committee
4.	Shan State (East), Shan State (South) and Kayah State	Director-General, Factories and General Labour Laws Inspection Department
5.	Tanintharyi Division	Director-General, Office of the Central Trade Disputes Committee
6.	Shan State (North)	Deputy Director-General, Department of Labour
7.	Chin State	General Manager, Social Security Board

Annex C

Formal Understanding on the Facilitator

I. In the light of the report of the High-Level Team (HLT) unanimously endorsed by the Governing Body, the commitment repeatedly expressed by the authorities of Myanmar, and the many requests made by the Governing Body for the implementation of the HLT’s recommendations with a view to effectively eradicating forced labour in the country,

The International Labour Organization and the Union of Myanmar have agreed, as part of the comprehensive Plan of Action to assist the authorities of Myanmar in their efforts to implement the abovementioned recommendations, on the establishment of a Facilitator as follows:

II. Objective

On the basis of the report of the HLT and subsequent discussions in the Governing Body, the objective of the Facilitator is to assist possible victims in Myanmar to seek remedies available under the relevant legislation and as provided under the Forced Labour Convention, 1930 (No. 29).

III. Functions

(a) The Facilitator shall receive complaints from persons bona fide residing within the territory of Myanmar alleging to be or to have been subjected to forced labour, or acting on their behalf, with a view to identifying those which represent a prima facie case, later setting aside those which appear to be unsubstantiated.

(b) He/she shall perform his/her functions in strict confidentiality but shall communicate with the ILO and the ILO Liaison Officer, as well as with the authorities of Myanmar.

(c) In the event that the Facilitator considers a complaint to represent a prima facie case of subjection to forced labour and, depending on the seriousness of the case, he/she may alternatively or successively: (i) subject to the consultation with the person(s) referred to in III(a) above, seek an informal practical solution with the authority concerned; (ii) transmit the complaint on behalf of the said person(s) to the competent authorities to initiate legal proceedings, as appropriate, and take necessary action.

(d) No measures of any kind shall be taken by the authorities against the abovementioned person(s) and witnesses. The Facilitator shall have free access to the said person(s) and witnesses at any stage of the procedure. The Facilitator shall be informed of the decision(s) reached thereon.

(e) Without prejudice to the strict confidentiality attached to individual cases, the Facilitator shall submit a yearly report on his/her activities and their results to the authorities of Myanmar and the ILO Governing Body.

IV. Facilities, support and status

(a) The Facilitator will select an assistant and the support necessary to assist in the discharge of his/her functions in accordance with the above objective. The Facilitator and his/her assistant and support shall be extended all the facilities, assistance, protection and status necessary to carry out his/her functions effectively and in full independence and impartiality.

(b) The resources necessary to cover the expenses of the Facilitator and his/her support shall be made available by the ILO to safeguard his/her independence and impartiality.

V. Trial period

(a) The effectiveness of the application of the present Formal Understanding shall be tested in connection with the implementation of the Plan of Action for the pilot region of Myeik District.

(b) A full assessment of the implementation and impact on forced labour of the present Formal Understanding, taking into account the report from the Facilitator referred to in III(e) above, as well as any relevant information, shall be made on completion of the pilot project. Necessary conclusions will then be drawn with a view to making it fully effective in the other regions of the country or its discontinuation as the case may be.

Annex D

Formal Understanding on the pilot region

Myeik District in Tanintharyi Division has been designated as a “special focus region”. This will be a pilot region where the prohibition on forced labour will be strictly enforced and where the following activities will be implemented with technical assistance and support from the International Labour Organization:

– an ILO-implemented local road construction project, using labour-based technologies, to provide a demonstration of the feasibility and cost-effectiveness of this technology in the construction of local infrastructure and to ensure that the local population is voluntarily involved in the development of that area. Networks of local roads in three areas (around the village tracts of Tonebyaw; Salun/Minthan; and Sindin/Tagu), constituting approximately 65 kilometres, have been identified by the Government and the ILO as being suitable, and more detailed technical and engineering surveys will be promptly carried out;

– an intensive public information campaign;

– other alternatives which would promote the use of voluntary labour practices will be developed and tested in the region, including the use of mules to replace porters;

– the services of Mr. de Riedmatten as the Facilitator referred to in the relevant formal understanding will be available.

[1] Governing Body documents GB.285/4, GB.285/4(Add.) and GB.285/4(Add.2).

[2] Governing Body documents GB.286/6, GB.286/6/1, GB.286/6/1(Add.) and GB.286/6/1(Add.2).

[3] Discussions which took place in Geneva between the Office and Ambassador U Mya Than, the Permanent Representative of Myanmar in Geneva, led to agreement on the formal understanding on the Facilitator. The formal understanding on the pilot region, and the Joint Plan of Action as a whole, were finalized in Yangon following discussions between the ILO Liaison Officer and the Myanmar authorities. In particular, the Liaison Officer had several meetings with the Minister for Labour, U Tin Winn, as well as discussions with a Deputy Attorney-General and Directors-General from the Department of Labour and the Ministry of Foreign Affairs.

[4] Myeik district is located in Tanintharyi division and consists of four townships with a total population of approximately 630,000.

[5] The team consisted of the ILO Liaison Officer (Ms. Hông-Trang Perret-Nguyen), together with her Deputy (Mr. Richard Horsey) and two ILO experts in labour-based technologies from the ASIST-AP program based at the ILO’s regional office in Bangkok (Mr. Geoff Edmonds and Mr. Bjorn Johannessen). The team was accompanied by U Khin Maung Yee, a Director-General from the Ministry of Labour.

[6] The sites are located around Tonebyaw village tract and Salun/Minthan village tracts in Myeik township, and around Sindin/Tagu village tract in Tanintharyi township. The road networks will serve a population of some 30,000 people.

[7] That is, the District Development Affairs Department (under the Ministry of Progress of Border Areas and National Races and Development Affairs) and the General Administration Department (under the Ministry of Home Affairs).

[8] The General Secretary of the NLD, Daw Aung San Suu Kyi, was unable to be present at this meeting as she was travelling in the country.

INTERNATIONAL LABOUR CONFERENCE	C. App./D.5
91st Session, Geneva, June 2003
Committee on the Application of Standards

Special sitting to examine developments concerning the question of the observance by the Government of Myanmar of the Forced Labour Convention, 1930 (No. 29)

Special sitting to examine developments
concerning the question of the observance
by the Government of Myanmar of the
Forced Labour Convention, 1930 (No. 29)