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ILO COMMISSION OF INQUIRY ON FORCED



REPORT OF THE ILO COMMISSION OF INQUIRY INTO FORCED LABOUR IN MYANMAR (BURMA)


This very readable, 392-page report, in the extent of its documentation and
the authority and depth of its legal analysis, is the most important report
on a specific human rights abuse in Burma that has ever ben issued. 


It is now on the ILO website at:

http://www.ilo.org/public/english/20gb/docs/gb273/myanmar.htm

Webmasters, make links


Paper copies of the report can be obtained from ILO Distribution -- contact
Mr Dunand, Email prodoc@ilo,org.  I will also see if it is available on
floppy disk. In the next day or so I will put the whole report on
burmanet-l and ask the BurmanetNews editor if it can be issued as a number
of Special Postings. If there is anyone who cannot get the text by any of
these means, let me know.

David Arnott

Burma Peace Foundation, Geneva 

**************************************


CONTENTS OF THE REPORT:


Forced labour in Myanmar (Burma)

                               Report of the Commission of Inquiry
                        appointed under article 26 of the Constitution of the
                          International Labour Organization to examine
                                the observance by Myanmar of the
                            Forced Labour Convention, 1930 (No. 29)

                                       Geneva, 2 July 1998


Contents

Part I. Establishment of the Commission

1. Filing of the complaint and appointment of the Commission

     (1) Filing of the complaint

     (2) Provisions of the Constitution of the International Labour
Organization relating to   complaints concerning non-observance of ratified
Conventions

     (3) Summary of the measures taken by the Governing Body of the
International Labour Office following the filing of the complaint and
establishment of the Commission

Part II. Procedure followed by the Commission

2. First Session of the Commission

     (1) Solemn declaration made by the members of the Commission

     (2) Adoption of the procedure to be followed by the Commission

     (3) Communication of additional information

     (4) Measures adopted with a view to the Second Session and the
subsequent work of the Commission

3. Communications received by the Commission following its First Session

     (1) Communications received from the parties

          (a) Communications from the complainants
          (b) Communications from the Government of Myanmar

     (2) Communications received from other sources

          (a) Communications from member States under article 27 of the ILO
Constitution
          (b) Communications from intergovernmental organizations
          (c) Communications from non-governmental organizations
          (d) Communications from companies mentioned in the complaint

4. Second Session of the Commission

     (1) Hearing of witnesses

     (2) Communications received by the Commission following its Second
Session

          (a) Communication from the Government of Myanmar
          (b) Communications from non-governmental organizations
          (c) Communications from a company named in the complaint

5. Visit by the Commission to the region

     (1) Procedure followed by the Commission

     (2) Persons and witnesses interviewed

          (a) India
          (b) Bangladesh
          (c) Thailand

6. Third Session of the Commission

Part III. Allegations by the parties and historical background of the case

7. Summary of the complaint and the Government's observations

     (1) Factual allegations submitted by the complainants

     (2) Legal conclusions submitted by the complainants

     (3) The Government's observations

          (a) Public purposes or public sector

               (i) Portering
               (ii) Construction of development and infrastructure projects
by the Government
               (iii) Hotel industries in Myanmar

          (b) Private benefit or private sector

               (i) Construction of the Yadana natural gas pipeline

          (c) The law

          (d) Conclusion

8. Historical background

     A. Earlier reports and statements by the Government of Burma/Myanmar
on the application of the Forced Labour Convention, 1930 (No. 29), comments
and representation by industrial organizations, and observations, findings
and requests by ILO supervisory bodies

          (1) Reports under article 22 of the ILO Constitution and
statements to the International Labour Conference (ILC) presented by the
Government, 1960 to 1992, and corresponding comments

          (2) 1993 representation under article 24 of the ILO Constitution

               (a) Allegations made by the complainant organization
               (b) The Government's observations as to the facts
               (c) The Government's observations concerning the Convention
               (d) The Committee's conclusions and recommendations,
approved by the Governing Body of the ILO

          (3) Subsequent developments up to the lodging of the complaint
under article of the ILO Constitution (June 1996)

     B. Examination by United Nations bodies of the human rights situation
in Myanmar (particularly with respect to forced labour)

          (1) General Assembly

          (2) Commission on Human Rights and Special Rapporteurs on the
situation of human rights in Myanmar

          (3) Secretary-General

          (4) Other United Nations bodies

Part IV. Examination of the case by the Commission

9. Context of general international law and requirements of the Forced
Labour Convention, 1930 (No. 29)

     A. General international law, including slavery, forced labour and
other slavery-like practices

     B. Requirements of the Forced Labour Convention, 1930 (No. 29)

          (1) Measures called for under Articles 1(1) and 25 of the Convention

          (2) Definition of forced or compulsory labour and scope of
exceptions

               (a) Compulsory military service
               (b) Normal civic obligations
               (c) Prison labour
               (d) Emergencies
               (e) Minor communal service

          (3) Present status of Article 1, paragraph 2, and Articles 4 et
seq. of the Convention

10. Brief description of Myanmar

     (1) General presentation

     (2) Historical background

     (3) Administrative structure

     (4) Opposition forces

11. Legislation of Myanmar relevant to the case

     (1) Requisition of labour under the Village Act and Towns Act and
subsequent orders and directives

     (2) Restrictions on the freedom of movement and citizenship

     (3) Compulsory military service and forced conscription

     (4) Sanctions for illegally imposing forced or compulsory labour

12. Findings of the Commission concerning the facts

     A. Admissibility and probative value of testimonial evidence and
documentary material

     B. General pattern of conduct by Myanmar authorities

     C. Thematic analysis of the forms of labour and services requisitioned
by certain authorities

          (1) Portering

               (a) Documentary material
               (b) Oral testimony

          (2) Military camp work

               (a) Documentary material
               (b) Oral testimony

          (3) Other work in support of the military

               (a) Documentary material
               (b) Oral testimony

          (4) Forced recruitment

               (a) Documentary material
               (b) Oral testimony

          (5) Work on agriculture, logging, and other production projects

               (a) Information provided to the Commission
               (b) Oral testimony

          (6) Construction and maintenance of roads, railways and bridges

               (a) Documentary material
               (b) Oral testimony

          (7) Other infrastructure work

               (a) Documentary material
               (b) Oral testimony

          (8) General work

               (a) Nature and condition of work
               (b) Specific examples from documentary material and oral
testimony

13. Findings as to compliance with the Convention

     A. National laws and statutory or administrative standard-setting
instruments, considered in the light of the Convention 

          (1) Provisions of the Village Act and the Towns Act and
subsequent orders and directives dealing with the requisition of labour

               (a) Applicability of the definition of forced labour
               (b) Non-applicability of exceptions defined in Article 2(2)
of the Convention
               (c) Expiration of the transitional period
               (d) Role of secret directives and payment of wages

          (2) Legislation on citizenship and other instruments bearing on
the freedom of movement

          (3) Legislation on compulsory military service

          (4) Sanctions for illegally imposing forced or compulsory labour

     B. National practice considered in the light of the Convention

          (1) Requisition of labour

          (2) Requisition of labour for various purposes, considered in the
light of the exceptions in Article 2(2)(a), (b), (d) and (e) of the Convention

               (a) Portering
               (b) Military camp work and other work in support of the
military
               (c) Forced conscription
               (d) Work on agriculture, logging and other production projects
               (e) Construction and maintenance of roads, railways and bridges
               (f) Other infrastructure work
               (g) General work

          (3) Requisition of labour, considered in the light of the
prohibitions in Article 4 et seq. of the Convention

               (a) Residual relevance of Article 4 et seq. of the Convention

               (b) Violation of specific prohibitions

                    (i) Imposition of forced or compulsory labour for
private benefit
                    (ii) Exaction of forced or compulsory labour from
women, children, elderly people and disabled persons
                    (iii) Denial of remuneration and compensation
                    (iv) Compulsory cultivation

          (4) Punishment of the illegal exaction of forced or compulsory
labour

Part V. Conclusions and recommendations

14. Conclusions and recommendations

     (1) Preliminary questions

     (2) Terms of reference of the Commission

     (3) Conclusions on the substance of the case

     (4) Recommendations

     (5) Concluding observations

Appendices 

   I.Supplementary evidence submitted by the complainants in October 1996 

   II.Observation of the Myanmar Government on the initial complaint and
supplementary evidence made by 25 Worker delegates to the 83rd Session of
the International Labour Conference under article 26 of the ILO Constitution 

  III.Rules for the hearing of witnesses 

  IV.List of documents received by the Commission following its First Session 

  V.List of documents received by the Commission following its Second Session 

  VI.List of documents received in the course of the hearings 

 VII.Summaries of testimony 

 VIII.List of documents received in the course of the visit to the region 

  IX.Maps of Myanmar 

  X.Names, foreign terms and acronyms 

  XI.Samples of orders received by the Commission 

 XII.Order by the Chairman of the State Law and Order Restoration Council
(SLORC) on the subject of "Prohibiting unpaid labour contributions in
national development projects" dated 2 June 1995 

 XIII.The Forced Labour Convention, 1930 (No. 29) 

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SOME PRESS RELEASES:


1) ILO


Report of ILO Commission of Inquiry reveals widespread and systematic use
of forced labour in Myanmar (Burma)

                                      Thursday 20 August 1998
                                          ( ILO/98/32 ) 

GENEVA (ILO News) - The obligation to suppress the use of forced or
compulsory labour is violated in Myanmar in national law as well as in
actual practice in a widespread and systematic manner, with total disregard
for the human dignity, safety and health and basic needs of the people,
according to a report * issued by a Commission of Inquiry appointed under the
Constitution of the International Labour Organization.

The Commission says that the impunity with which Government officials, in
particular the military, treat the civilian population as an unlimited pool
of unpaid forced labourers and servants at their disposal is part of a
political system built on the use of force and intimidation to deny the
people of Myanmar democracy and the rule of law.

Any person who violates the prohibition of recourse to forced labour in
international law bears an individual criminal responsibility, the
Commission says.

These are among the findings included in the report, published today, of
the Commission of Inquiry appointed in March 1997 under article 26 of the
ILO Constitution. The Commission received a mandate to examine the
observance by Myanmar of the Forced Labour Convention, 1930 (No. 29),
following a complaint lodged by 25 Worker delegates to the 83rd Session of the
International Labour Conference in June 1996. The Commission, appointed by
the Governing Body, was composed of the Right Honourable Sir William
Douglas, PC, KCMG, former Chief Justice of Barbados, Chairperson of the
Commission, Mr. Prafullachandra Natvarlal Bhagwati, former Chief Justice of
India and Ms. Robyn A. Layton, QC (Australia), Barrister-at-law.

In the course of its inquiry, the Commission received over 6,000 pages of
documents and heard testimony given by representatives of a number of
non-governmental organizations and by some 250 eye witnesses with recent
experience of forced labour practices, during hearings in Geneva and in the
course of the Commission's visit to the region. Summaries of the testimony
given by these witnesses, including women and children who had fled from
forced labour, are appended to the
Commission's report.

The Government of Myanmar, which had been invited to take part in the
proceedings, abstained from attending the hearings and did not authorize a
visit by the Commission of Inquiry to Myanmar, arguing that "such a visit
would not contribute much towards resolving the case" and "would interfere
in the internal affairs of [the] country".

The Myanmar authorities stated in response to the initial complaint and
supplementary evidence that they were "aware of the criticisms made by some
Worker delegates" related to use of labour in Myanmar and stated that a
"considerable portion of the criticisms relating to Myanmar are
unfortunately based on biased and specious allegations made by expatriates
living outside
Myanmar... who wish to denigrate the Myanmar authorities for their own ends." 

As was noted by the Commission of Inquiry, its report "reveals a saga of
untold misery and suffering, oppression and exploitation of large sections
of the population inhabiting Myanmar by the Government, military and other
public officers. It is a story of gross denial of human rights to which the
people of Myanmar have been subjected particularly since 1988 and from
which they find no escape except fleeing from the country."

In its conclusions on the substance of the case, the Commission stated
"there is abundant evidence before the Commission showing the pervasive
used of forced labour imposed on the civilian population throughout Myanmar
by the authorities and the military for portering, the construction,
maintenance and servicing of military camps, other work in support of the
military, work on agriculture, logging and other production projects
undertaken by the authorities or the military, sometimes for the profit of
private individuals, the construction and maintenance of roads, railways
and bridges, other infrastructure work and a range of
other tasks."

The Commission also stated that "In actual practice, the manifold exactions
of forced labour often give rise to the extortion of money in exchange for
a temporary alleviation of the burden, but also to threats to the life and
security and extrajudicial punishment of those unwilling, slow or unable to
comply with a demand for forced labour; such punishment or reprisals range
from money demands to physical abuse, beatings, torture, rape and murder."

Forced labour in Myanmar is widely performed by women, children and elderly
persons, the Commission's conclusions stated, as well as persons otherwise
unfit for work, and is "almost never remunerated nor compensated."

"Porters, including women, are often sent ahead in particularly dangerous
situations as in suspected minefields, and many are killed or injured this
way," the Commission stated. "Porters are rarely given medical treatment of
any kind...and some sick or injured are left behind in the jungle."

"Similarly, on road building projects, injuries are in most cases not
treated, and deaths from sickness and work accidents are frequent on some
projects," the Commission stated. "Forced labourers, including those sick
or injured, are frequently beaten or otherwise physically abused by
soldiers, resulting in serious injuries; some are killed, and women
performing compulsory
labour are raped or otherwise sexually abused by soldiers."

In view of the Government's flagrant and persistent failure to comply with
the Forced Labour Convention, the Commission of Inquiry urges the
Government to take the necessary steps to ensure:

     (a) that the legislation be brought into line with the Convention
without further delay, at the very latest by 1 May 1999;

     (b) that in actual practice no more forced or compulsory labour be
imposed by the authorities, in particular the military; and,

     (c) that the penalties which may be imposed for the exaction of forced
labour be strictly enforced, with thorough
     investigation, prosecution and adequate punishment of those found guilty.

Under Article 29 of the ILO Constitution, the Government of Myanmar shall
inform the Director-General of the ILO whether or not it accepts the
recommendations contained in the report of the Commission. At its 273rd
Session (November 1998), the Governing Body of the ILO should have before
it the reply of the Government.

                                            * * * * *

* Forced Labour in Myanmar (Burma). Report of the Commission of Inquiry
appointed under article 26 of the Constitution of the International Labour
Organization to examine the observance by Myanmar of the Forced Labour
Convention, 1930 (No. 29). Geneva, 1998. The text is available on the
Internet: http://www.ilo.org


For further information, please contact Bureau of Public Information
(PRESSE) at:
Tel: +41.22.799.7940 or Fax: +41.22.799.8577. 

**********************************************


2) ICFTU

> Sent: 	19 August 1998 17:21
> To: 	++Online English
> Subject: 	ICFTU OnLine: ILO scolds Burma
> 
> INTERNATIONAL CONFEDERATION OF FREE TRADE UNIONS (ICFTU)
> 
> ICFTU OnLine...
> 176/980820
> 
> Global labour group calls on Burma junta to resign, following UN's
> accusation of systematic use of  forced labour
> 
> 
> Brussels, August 20, 1998 (ICFTU OnLine): The Brussels-based
> International Confederation of Free Trade Unions (ICFTU), the world's
> largest trade union body,  today called on Burma's military junta to
> resign and hand over power to a democratic, civilian-led government,
> while at the same time urging foreign companies to disinvest from the
> country as long as the army remained in power. 
> 
> The ICFTU call follows today's publication by the UN's International
> Labour Organisation (ILO) of a damning report**
> (http://www.ilo.org/public/english/20gb/docs/gb273/myanmar.htm)
> showing widespread and systematic use of forced labour by Burma's
> ruling military junta.
> 
> The ILO 400-page report - released one day before the expiry of Aung
> San Suu Kyi's call for the installation of Burma's
> democratically-elected Parliament - concludes that the facts are of
> such gravity as to constitute crimes under national law and thus
> involve the individual criminal responsibility of all individuals
> resorting to or  tolerating such practices.  The ILO says Burma's
> state authorities stand in flagrant breach of the Convention on Forced
> Labour, 1930 (ILO Convention N°29).
> 
> The ILO findings have been produced by a specially-appointed
> Commission of Inquiry - the ILO's strongest possible legal action
> against any member state - after a two-year international judicial
> procedure. The Commission of Inquiry was established following the
> complaint lodged by trade union delegates from 25 countries at the
> 1996 International Labour Conference, the ILO's annual assembly who
> later mandated the ICFTU to represent them during the Commission's
> proceedings.
> 
> The Brussels-based labour group presented many witnesses during the
> Commission's hearings, in co-operation with the underground Federation
> of Trade Unions - Burma (FTUB). Filmed evidence has been compiled by
> the ICFTU together with Amnesty International in a video produced
> (http://www.icftu.org/english/turights/burma/etuburma98.html) jointly
> to coincide with the launching of the ILO report and which includes an
> exclusive interview with Daw Aung San Suu Kyi, general secretary of
> Burma's National League for Democracy (NLD), winner of the 1990
> elections. The democratically-elected parliament has however been
> prevented from convening by the military who seized power in Rangoon.
> 
> The ICFTU/Amnesty International footage shot clandestinely inside
> Burma by Images Asia, a film production company based in the region,
> shows children and women unloading heavy sacks of cement from a barge,
> building a road under soldiers' supervision in Rangoon, working on an
> irrigation site in Mandalay city, as well as men displaying horrendous
> scars suffered after extended portering for the army in the Burmese
> jungle. The film includes comments on the ILO report by the NLD leader
> Aung San Suu Kyi, who predicts the junta will brand the ILO's report
> as "a bunch of lies". Also in the footage, Amnesty International's
> Secretary General Pierre Sané pledges joint action with trade unions
> in order to put the ILO's recommendations into effect.
> 
>  "One thing that is very obvious is that the way in which forced labor
> is used in Burma is a crime against humanity and it does seem to me
> that it renders the military leaders individually responsible under
> international criminal law.  And the day might come when this report
> is used against them if they are ever brought before an international
> criminal jurisdiction", ICFTU's Bill Jordan stresses.
> 
> "Multinationals trading with Burma's military should now realise they
> are in fact dealing with people who are likely candidates for an
> international criminal prosecution into crimes against humanity" he
> added.
> 
> The ILO's investigation has concluded forced labour is "pervasive
> throughout Myanmar" - as Burma is officially called by the junta and
> the United Nations, of which the ILO is a specialised agency-  - on
> projects ranging from the carrying of equipment and ammunition for the
> military to the building of roads, railways, bridges and other
> infrastructure.
> 
> The ILO Commission's report,  which is the most comprehensive
> international study to-date of Burma's use of forced labour, also
> charged that the practice "often give(s) rise to extortion of money,
> ... threats to the life and security and extrajudicial punishment of
> those unwilling to comply...", which could "range from money demands
> to ...beatings, torture, rape and murder" and said forced labour was
> widely imposed on "women, children, elderly persons as well as persons
> otherwise unfit for work".
> 
> The ICFTU says it would now make full use of the ILO report and call
> on economic and political sanctions against Burma's leaders to be
> stepped up in case the junta refused to abide by the ILO's
> recommendations. 
> 
> "The United States, the EU, Japan, China and other leading world
> economic powers should realise there is little to be gained from
> continuing business as usual with Burma's rulers", said Jordan
> pointing to the ILO report, which unequivocally calls for "the
> establishment of a government freely chosen by the people (as an)
> indispensable prerequisite for the suppression of forced labour" in
> Burma.
> 
> The ICFTU, which represents over 120 million workers in 141 countries
> and territories, said it would now call on members world-wide to step
> up pressure on the SPDC via their national governments, the UN and
> other multilateral agencies and organisations, as well as on companies
> to pull out from Burma. "With the publication of this new ILO report,
> multinationals can no longer claim ignorance of Burma's disastrous
> human rights' record", it said.
> 
> The ILO Commission of inquiry has given the SPDC (State Peace and
> Development Council, the junta's new official designation) until 1 May
> 1999 to put its legislation in conformity with its international
> obligations.
> 
> > 
> Contact: ICFTU-Press at: ++32-2 224.02.12 (Brussels). For more
> information, visit our website at: (http://www.icftu.org).
> 
> 
> 
> Luc Demaret
> Rédacteur en chef/Editor in Chief
> Le Monde Syndical/Trade Union World
> CISL/ICFTU
> Tél:++32 2 224 02 12
> Fax: ++32 2 203 07 56
> Le site internet de la CISL: Http://www.icftu.org
> ICFTU Website: Http://www.icftu.org
> 

**************************************

3) AMNESTY INTERNATIONAL



                                              News Service 160/98
AI INDEX ASA: 16/22/98


EMBARGOED FOR: 00.04HRS GMT 20 AUGUST 1998

MYANMAR: Time to end forced labour

Amnesty International today welcomed this week's hard hitting report by the
International Labour Organization (ILO) into forced labour in Myanmar. The
human rights organization called on the Burmese government to cease the
widespread ill-treatment of forced labourers, and urged governments and
companies investing in Myanmar [Burma] to ensure that their operations do
not lead to human rights violations.

     "Amnesty International and other NGOs have for a long time campaigned
against the
killings, ill-treatment and misery inflicted by the army's use of forced
labour in Myanmar, " the organisation said.  "Now, with the publication of
this report, companies and governments
investing in the country -- many in projects with the army as partners --
can no longer claim
ignorance of the situation on the ground." 

     "The Directors of these companies must seriously examine their
operations in Myanmar
to ensure that their presence is not contributing to human rights
violations. Consumers,
shareholders, investment trusts and members of the NGOs and the public will
hold them to
account for their actions."

     The ILO formally established a Commission of Inquiry into forced
labour in Myanmar 
in March 1997, following a complaint by the International Confederation of
Free Trade Unions (ICFTU). This Commission of Inquiry, which is the
strongest legal action that the ILO can take against a member state, found
the government in breach of ILO Convention 29 which forbids the "exaction
of labour under the menace of a penalty, from residents who (had) not
offered themselves voluntarily..."

     Amnesty International has documented and reported on forced labour by
the tatmadaw
(Burmese army) for more than 10 years, and interviewed hundreds of victims
of the practice.   As a result of the dramatic increase in the size of the
army over the last decade, hundreds of
thousands of civilians have been forced to work under very harsh
conditions.   

     The majority of victims are from ethnic minorities, who make up one
third of the population in Myanmar.  They include the Karen, Mon, Shan,
Rohingya, Karenni, and Chin
people, who have been rounded up as part of  counter-insurgency activities
by the tatmadaw
against  armed opposition groups. 

     During these offensives, soldiers have seized thousands of villagers
to act as porters --
carrying weaponry, munitions and provisions for the army. Hundreds have
been either killed or
left for dead if they try to escape or cannot perform their duties due to
old age or illness such as malaria.  

     As well as portering,  the army forces civilians from all ethnic
groups to work on roads, dams, quarries, and railways throughout the
country, all in the name of "development" for the people.  Villagers of all
ages, including women and girls are forced to work long hours in sometimes
dangerous conditions without pay, adequate food or medical care.

     Those unable to perform their duties to the satisfaction of the army
face beatings and deprival of food. Many have been killed or have died from
neglect and ill-treatment, and those who are forced to labour on a regular
basis cannot tend their farms or otherwise earn their living.

     Amnesty International welcomed the report as being a very significant
tool for governments, the United Nations, non-governmental organizations
(NGOs), trade unionists, and individuals around the world to use to raise
awareness of the dire human rights situation in Myanmar.

     "Amnesty International, along with the International Confederation of
Free Trade Unions, welcomes this report which we see as an extremely
significant statement by the international labour movement on forced labour
in Myanmar. It highlights the importance of International human rights
organisations, national human rights organisations working together with
trade unions in order to combat these practices," the organization said.

ENDS.../

*******************

NOTES FOR EDITORS:

For broadcast use, AI  has available b-roll including exclusive images of
forced labour in Myanmar, interviews with Daw Aung San Suu Kyi, Pierre Sané
(Secretary General of Amnesty International) and Bill Jordan (General
Secretary of the ICFTU). 
To receive a copy, or to arrange an interviewwith AI?s Myanmar researcher,
please call:
Mark Ogle + 44 171 413 5729
Jennifer King  + 44 171 413 5977

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