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ILO PRESS RELEASE ON COMMISSION OF



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


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