International Labour Conference
5 June 2004
Special sitting of the Committee on the Application of
Standards to examine developments concerning the question of the observance by
the Government of
Conclusions
After taking note of the information provided by the
Government representative, the Committee noted with deep concern the
observation of the Committee of Experts which examined the measures taken by
the Government to give effect to the recommendations of the Commission of
Inquiry. The Committee of Experts had noted in its observation that the three
main recommendations of the Commission of Inquiry were still to be implemented.
In spite of the Government's assurances of its good intentions, the measures
taken had not brought about significant progress in actual practice and forced labour continued to be exacted in many parts of the
country. No person responsible for imposing forced labour
had ever been prosecuted or sentenced under the relevant provision of the Penal
Code. In view of the slowness of progress, the Committee of Experts had
expressed the hope that the process of dialogue and cooperation which had
developed between the ILO and the Government could offer a real chance of
bringing about more rapid and concrete progress, in particular through the
implementation of the Plan of Action.
In this regard the Committee had to note its grave concern
at the fact that three persons had been convicted of high treason, including on
grounds of contacts with the ILO. The Committee was further deeply concerned
that although on appeal the Supreme Court had commuted the death sentences, it
had failed to bring clarity on this crucial point, despite the earlier
assurances of the Government that contacts with the ILO could not be considered
illegal in Myanmar. The Committee also expressed its concern at the freedom of
association issues raised by the Supreme Court's findings. It joined the
Governing Body in endorsing the recommendations put forward by the informal
facilitator as regards the grounds for convicting the three persons and the
need to release them. It agreed that this situation clearly was not one in
which the Plan of Action could be credibly implemented.
The Committee had also taken note of the information
provided by the Liaison Officer ad interim on his activities. It noted with
appreciation the continued cooperation extended to the Liaison Officer by the
Government and the freedom of movement that he enjoyed. It considered the fact
that individuals were lodging complaints concerning forced labour
with the Liaison Officer in increasing numbers, demonstrating the usefulness of
the ILO presence. However, the Committee had to note with concern that the
response to the individual allegations so far raised was inadequate and that to
date not a single one of these allegations had been verified by the authorities
nor had anyone so far been prosecuted for illegally imposing forced labour. This cast serious doubt on the willingness of the
authorities to take the concrete steps necessary to ensure the elimination of
forced labour in practice.
In that respect, reference was made to the fact that certain
forms of forced labour referred to by the Commission
of Inquiry such as work on infrastructure projects, using forced labour, forced recruitment of children and even the use of
persons as minesweepers were still in use. The dissemination of information in
relevant languages also left much to be desired.
The Committee took due note of the assurances provided by
the Government representative that a further review by the Supreme Court would
take place which would, inter alia, clarify the
question of the legality of contacts with the ILO. The Committee was of the
opinion that the Government now had a final opportunity to give practical
effect to these assurances and to the recommendations of the informal facilitator.
It noted that the Governing Body at its next session should be ready to draw
the appropriate conclusions, including reactivation and review of the measures
and action taken including those regarding foreign direct investment, called
for in the resolution of the International Labour Conference of 2000, unless
there was a clear change in the situation in the meantime.
Finally, the Committee recalled that the Government would
have to supply a detailed report for examination by the Committee of Experts at
its next session on all the steps taken to ensure compliance with the
Convention in law and in practice.
The sitting closed at
[Source: scanned extract
from ILO document C.App/PV.2, being the Provisional Verbatim record of the
Special sitting of the Committee on the Application of Standards to examine
developments concerning the question of the observance by the Government of
Myanmar of the Forced Labour Convention, 1930 (No. 29) which took place on the
morning of 5 June 2004]