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DFAT(AUST) REPORT ON FORCED LABOR &
Subject: DFAT(AUST) REPORT ON FORCED LABOR &ROHINGYAS, AUG-1995.
/* posted Mon 1 Jul 12:00am 1996 by drunoo@xxxxxxxxxxxx in igc:reg.burma */
/* --------" DFAT report on forced labour& Rohingyas, Aug 1995 "-------- */
[Following is report by Australian Foreign Affairs, from Human rights
sub-committee report by the australian parliament, vol 6;
published 5 September 1995.--U Ne Oo]
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DEPARTMENT OF FOREIGN AFFAIRS AND TRADE
CANBERRA ACT 2600
8 August 1995
Ms Margaret Swieringa
Secretary
Human Rights Sub-Committee
Joint Standing Committee on Foreign Affairs, Defence and Trade
Parliament House
CANBERRA ACT 2600
Dear Margaret
Please find the following information which you requested on behalf of the
Human Rights Sub-Committee, Joint Standing Committee for Foreign Affairs,
Defence and Trade.
Government and Administrative Structures
Myanmar's Government at all levels is overseen by the State Law and Order
Restoration Council (SLORC), a military junta established in September
1988. AT the same time, a hierachy of lesser Law and Order Restoration
Councils (LORCS) was established at the state/division, township and ward
levels. Their members are appointed by the SLORC or, at lower level, by
regional military commanders.
The SLORC itself is composed of the senior military officers who led the
army's intervention in 1988. They now number 21, and although several have
been virtually incapacitated by illness, only one member has left the
SLORC: General SAw Manug, the first chairman, was removed in April 1992
following a nervous breakdown. The SLORC, which performs legislative and
executive function, meets regularly. A meeting of the SLORC plus the ten
regional commanders and the full cabinet takes places every quarter.
Decision making throughout the country is extremely centralised and the
SLORC operates essentially on a consensus basis, though there is an
informal kitchen cabinet of fewer than ten members which decides on
directions and policy proposals to be put to the full SLORC. There is no
legislature, and the judiciary has shown itself to be at the SLORC's
command. The SLORC, of its committees, make decisions on an extraordinary
range of detailed issues, including sucm matters as agreement to send
government officials (at any level) to meetings overseas, or travel to
unuwsual areas within Myanmar by individual diplomats.
At the national level, there is also a cobinet made up of government
ministers representing a mix of mlitary officers, some of whom are also
SLORC members, and a few civilians. The Commander-in-Chief of the defence
forces, Senior General Than Shwe is also SLORC chairman, Prime Minister and
Minister of Defence on an ex officio basis. In day to day terms, the
ministers run their ministeries but are subject to decision made in the
SLORC,and any important ( and many unimportant ) issues arising in the
ministry have to be passed to the SLORC for decision, even by ministers who
are also SLORC members.
States and divisions are run, often with a considerable degree of authnomy,
by the regional military commander, who is usually also the Chairman of the
state/division Law and Order Restoration Council. The SLORC appoints
military officers to government positions at all levels throughout the
country. The formal relationship between the military and government at
lower levels consists of military oversight of the various LORCS.
State/division, township and ward LORCS often have a civilian membership,
though typically the Chairman is a military officer, with the Secretary
usually civilian.
The SLORC runs the country, in effect, on a martial law basis. Although
martial law was never formally declared, a number of individual martial
laws were introduced, only some of which have been rescinded. There has
been no declaration that martial law has ended and, in the absence of a
costitution, such a declaration could only be made, if at all, as a new
system of government is introduced. In the memorable words of Saw Maung,
who was (presumably) referring the the constitutional basis for SLORC rule
and decisions, "SLORC law means no law at all".
The police force, like all other structres, operates under the SLORC and is
thus subject to the will of the army. As with all other areas of
government, the military has pursued a policy of transferring military
officers into the police force at middle and senior levels to ensure
trustworthy administration by officers used to the military way of doing
things.
Please find attached the latest list of members of the SLORC and the
Cabinet. This has been updated following the military and ministerial
reshuffle announced on 15 June. This reshuffle did not produce a change in
SLORC membership, although several seniro military officials were divested
of their military positions in a move that concentrated power further in
the hands of the top four SLORC leaders - Chairman Than Shwe, Vice-Chairman
Maung Aye and the two secretaries Khin Nyunt and Tin Oo. The reshuffle of
military officers is thought to reflect an attempt to satisfy long pent-up
demand for promotions at senior officer levels.
Political Prisoners
Based on the anecdotal reporting of ex-prisoners, we estimate that there
are between 500-1000 political prisoners in Myanmar. The number may be as
low as 300 but it is impossible to obtain accurate figures. It also depends
how a political prisoner is defined. According to the embassy's list, 28 of
the 485 perlamentarians elected in 1990 are confirmed as still in prison
(this accords with the US embassy's figure). A further two are known to
have been arrested but whether they are still detained without trial, in
prison or released is not clear. Since April 1992, the SLORC has released
2234 prisoners detained for political reasons.
Levy/Fee/Tax on foreign operations
According to Austrade, the only formal levy/fee/tax on foreign enterprises
wishing to invest or establish trading operations in Myanmar is a
registration fee. Teh fee is not a percentage but a flat rate which varies
according to the type of investment as follows:
a. Joint venture (at least 35 per cent foreign registered capital)
Registration fee of kyat 15,000 or equivalent in US dollar at the
official rate.
b. One hundred percent foreign owned operations
Registration fee of kyat 15,000 or equivalent in US dollars at the
official rate.
c. Foreign companies operating through a local representative fees
according to the representative's monthly salary.
For Salaries over US$1000, registration fee of kyat 10,000 in first year
and kyat 5,000 per annum thereafter
For salaries between US$501-US$1,000, registration fee of kyat 5,000 in
the first year and kyat 2,500 per annum thereafter.
For salaries between US$100-US$500, registration fee of kyat 2,500 in
the first year and kyat 1,000 per annum thereafter
Foreign investments in another category - those operating under the foreign
investment (incentive) law - are not required to pay registration fees.
However, benefits under this law are conditional on the foreign partner
commiting a minimum investment capital in the first three years of
operation. The amount is negotiated with each project but, according to
Austrade, the figure never reaches 15 per cent of total planned capital.
Forced labour
We have received reports that the SLORC issued a directive in late July
that the use of forced labour for public works at the local
village/township level (the basic administrative unit equivalent to an
Australian Shire) was to cease and that in future these projects are to be
carried out exclusively with the use of paid labour. The directive notes
public complaints about the conditions under which such projects have been
carried out preciously, particularly concerning summons for voluntary
labour, collection of funds and procurement of crops. Officials are now
advised to completely refrain from organising voluntary labour for public
works such as railroads, roads, embankments and canals. These works are now
to be implemented only by wage labour with the person in charge paying the
daily wage/piece meal labour charges with corectly registered records. The
directive also prohibits undesirable collection of funds in the localities.
Funds that should be collected should be done so systematically in ways
acceptable to the local populace by forming responsible bodies and to be
dispersed systematically with proper accounts. In relation to crop
procurement, in purchasing paddy, cotton, dhal and other crops, it is
necessary to negotiate with farmers and arrive at an agreement, without
using force.
In principle, the Government should already be paying "volunteers" for
their time. Funds appropriated for public works normally include provision
for payment demanded from local communities. In reality, if the money is
paie at all, officials claim it is allocated in accordance with the wishes
of the communities concerned, often for the construction of infrastructure
facilities such as schools/clinic in the local community where the labour
is raised. It remains to be seen how effectively the above directive will
be applied. The UNHCR has said it will monitor closely the application of
the directive in areas covered by the Rohingya refugees repatriation
program where forced labour has been a major contributory factor in the
outflows of Rohingyas in the past.
Repatriation of Rohingya Refugees
The UNHCR briefed the Australian missions in Dhaka and Rangoon in late July
on progress in the repatriation of Rohingya refugees. The UNHCR expressed
confidence that the repatriation of Rohingya refugees would be fully
resumed following the monsoon period (about October). In addition to the
directive on forced labour (outlined above), the UNHCR has received
undertakings from the Myanmar authorities aht the program of establishment
of model-villages, with its associated relocation of targetted religious
groups would be discontinued. The latter had been another causal factor in
the outflow of Rohingya refugees. The UNHCR believes that with these SLORC
undertakings on land and labour issues, the likelihood of Rohingyas again
seeking refuge in Bangladesh would considerably diminished.
The UNHCR estimates the repatriation process will be largely completed by
the end of the year. 192,541 refugees have been repatriated as at 31 July
1995. A balance of 52,551 people remain in the camps, based on a Government
head count conducted in April with appropriate adjustments for subsequent
births and deaths. The UNHCR is expected to conduct its own "unofficial"
census of camp population shortly, which is expected to indicated that
perhaps five to six thousand people have left the camps and assimilated
into nearby communities. The rate of repatriations has declined sharply
since April, due to the onset of the monsoon season as well as a change in
the regional commander in Myanmar and the formation of a new Ministry of
Immigration. New officials have been required to familarise themselves with
the UNHCR and the program causing a delay in progress. In addition the
program is getting down to the more difficult part of the case load. The
slowdown als reflects the difficulties facing the Myanmar authorities in
verifying residency claims of individual refugees. Once clearance is given,
returns proceed promptly. The authorities concerned that the return program
not provide a vehicle for illegal immigration. Given these difficulties,
the UNHCR does not expect the rate of return to exceed more than two to
three thousand per month for the remainder of the program.
The UNHCR believes that at the end of the repatriation process, there are
likely to be a pool of refugees either unwilling to return of unable to
obtain clearance for their return from Myanmar authorities. Of the 50,000
still in camps, some 30,000 are still being verified by the Myanmar side.
Only five to six thousand have actually declined return. These falls into
two categories: those who wish to return but cannot substantiate prior
legal residence and those who do not wish to go back. According to the
UNHCR, the latter are few - most of these claiming some association with
Moslem insurgent groups. The UNHCR indicated that it would seek third
country placements for people that cannot or do not want to return to
Myanmar at the end of the repatriation program.
Despite concerns and bureaucratic delays on the Myanmar side, the UNHCR is
confident that Myanmar Government is committed to completing the
repatriation program.
With regard to criticism of the program by some NGOs, UNHCR officials noted
claims by MSF Holland and France that the returns are not genuinely
voluntary. They concede that some of the 50,000 returns made before the
implementation of the UNHCR program in Myanmar may not have been completely
voluntary. Returnees might not have been forced back but pressure in the
camps had been a significant factor in the decisions by the families to
return. MSF's concerns related to the fact that the UNHCR has moved from
"facilitating" to "promoting" repatriation - UNHCR is encouraging returns
on the basis of changes in the situation in Rakhine State in Myanmar. UNHCR
considers the area safe for return but MSF claimed better screening was
necessary to ensure that families understood fully the conditions to which
they would be returning. In consultation with the NGOs, changes to
procedures have been made, mainly to ensure returnees are fully informed of
conditions inside Myanmar. Both organisations now agree that returns should
proceed. UNHCR had found only three cases in which returnees were forced to
return.
Yours sincerely
Sd. Michael Potts
Assistant Secretary
ASEAN Bilateral Branch.
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* STATE LAW AND ORDER RESTORATION COUNCIL
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