ILO REPORT ON FL IN BURMA: SLICE 15

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[ILO COMMISSION OF INQUIRY ON FORCED LABOUR IN BURMA, SLICE
15]
 
422. There was also information regarding road construction
and improvement in Kayah State, particularly roads to
relocation sites;(669) Mon State;(670) Sagaing Division;(671)
Rakhine State;(672) and Ayeyarwady Division.(673) 
 
423. In addition to road construction projects, the Commission
received information regarding the use of forced labour on
railway construction projects in various parts of Myanmar. A
large volume of information covering a period from 1992 to
1997 and including copies of orders from the authorities
requiring labour for the project indicated that thousands of
people(674) were forced to work on the construction of a
railway from Ye in Mon State to Dawei (Tavoy) in Tanintharyi
Division.(675) 
 
424. In Shan State, people were forced to work on a number of
railway construction projects, including a railway from
Shwenyaung to Namhsam since 1993, a section of railway from
Namhsam to Mongnai since 1992, and a section of railway
from Laikha to Mongkaing in 1996.(676)
 
425. Information was received concerning the use of forced
labour for the construction of a railway from Aungban in Shan
State to Loikaw in Kayah State, in 1992 and 1993.(677) People
were taken from, among other places, Loikaw town and
relocation camps, including a relocation camp near Demawso, to
build the railway.
 
426. Information was also received concerning the use of
forced labour on a railway linking Chaung-U and Pakokku to
Kalaymyo, particularly the section from Pakokku to Myine in
Magway Division and the section from Gangaw in Magway Division
to Kalaymyo in Sagaing Division.(678) Many of those forced to
work on the latter section were from Chin State. The
information covered a period from 1993 to 1995.(679)
 
 
(b) Oral testimony
 
427. Roads and related infrastructure. Almost 100 witnesses,
from different ethnic groups,(680) gave evidence that they had
been forced to work or to have observed other persons forced
by the authorities to work on roads or related infrastructure.
These testimonies cover a significant part of the territory of
Myanmar; they refer to roads forming part of a network between
towns and villages, or roads linking army camps to this
network or to one another,(681) and mainly recount events
occurring over recent years, if not months.(682) One witness,
who returned to Myanmar at the beginning of 1998 after an
absence of six years, stated that the work demanded of the
population in respect of road construction and maintenance had
increased substantially.(683)
 
428. As regards work organization and working conditions,
testimonies from persons who had been obliged to work
corroborate those of village heads,(684) heads of village
sections(685) and a deserter from the Tatmadaw who had been
involved with organizing such labour.(686)
 
429. Throughout the territory of Myanmar, the authorities
recruit the necessary labour for the roadworks according to a
similar pattern. The military transmit a written order to the
village head;(687) this order specifies the work to be
accomplished and is sometimes accompanied by threats, which
are expressed by means of a bullet or a piece of charcoal
attached to the order; these symbols signify that reprisals
may be taken by the authorities against the defaulting person
or village.(688) With the exception of the situation
prevailing in the northern part of Rakhine State, to which we
shall return, the military do not generally intervene
directly.(689)
 
430. A specific section of road to be built or repaired is
assigned to each group, section or village. The village head
is responsible for organizing the necessary labour force.(690)
One person per family is generally called up, though the
authorities may demand others as needed.(691) The witnesses
stated that men, women and children between the ages of 12 and
72 performed compulsory labour on roadworks.(692) Even members
of families that might be in a position to have a certain
influence on the authorities are obliged to work on road
construction or repairs.(693) Large numbers of children can be
found working on these sites since, as soon as they are
capable of working, their parents send them to perform the
work demanded; they themselves can therefore continue to
provide for the family needs, by cultivating their land or
engaging in remunerated employment or work.(694)
 
431. Road construction work generally consists of levelling
the ground, cutting trees, breaking stones, transporting earth
for embankments and spreading tar.(695) As for repairs, the
workers must maintain the roads and are even forced to rebuild
them completely, in certain regions, after each rainy season.
Several witnesses stated that the roads built or renovated
were reserved for the exclusive use of the authorities.(696)
 
432. Working conditions are arduous,(697) and the working day
is long, varying from 8 to 12 hours.(698) The work is
sometimes accompanied by ill-treatment, including beating and
kicking.(699) Acts of torture or extreme violence, including
rape, also occur.(700) Some workers have died as a result of
complications due to hunger, malaria, other infectious
diseases and lack of timely medical care.(701)
 
433. Apart from rare and exceptional occasions, the persons
recruited were neither paid nor fed.(702) When questioned on
this subject, the witnesses all stated that they could not
refuse to do the work, because they were afraid of the
physical punishment or fines which could be imposed by the
authorities.(703) Tools are generally not provided(704) and,
if the workers have to live on the site, they must build their
own makeshift shelters in which to sleep at night.(705)
 
434. In several cases, witnesses have stated that it is
possible to be exempted from work in exchange for a sum of
money which varies considerably from case to case.(706) One
witness observed that the result of this practice was that the
least well-off carried the greatest burden of the work, since
they did not have sufficient means to be spared.(707)
 
435. Finally, the situation in the northern part of Rakhine
State appears to be more severe in all respects than that
prevailing in most other parts of the country. Most of the
witnesses questioned on this subject, who were members of the
Rohingya ethnic group, and who had left the country very
recently, claimed to have been subjected to systematic
discrimination by the authorities; the discrimination took the
form, in so far as work on the roads is concerned, of an
overwhelming workload.(708) In fact, the work is not really
organized systematically;(709) the Rohingyas may be required
to work by any authority, be it the army, the NaSaKa or the
local police. The order may come via the village head or
directly from any authority that needs workers for a given
job. Working conditions are excessively arduous; tasks must be
performed in an atmosphere where insults, abuse, ill-treatment
and torture are commonplace.(710)
 
436. Railways. From the evidence of witnesses, the Commission
concludes that the authorities of Myanmar have been using
forced labour for the construction and maintenance of various
railways across the country since at least 1990. Forty-one
witnesses(711) supplied the Commission with relevant
information on railways already constructed, or under
construction, in Kachin,(712) Kayah,(713) Mon(714) and Shan
States and in Bago,(715) Tanintharyi and Yangon Divisions.
 
437. The labour for the railway construction work is recruited
in the same manner as for road construction, the military
using the services of village heads.(716) One person per
family is generally called up.(717) Each family, group or
village is assigned a section of the railroad.(718) Men, women
and children claimed to have worked on these railway
construction sites or to have seen such persons forced to do
so;(719) it is common to meet children sent by their families
to perform the work required.(720)
 
438. Soldiers and prisoners can also be found working on these
sites. The work done by them is no different from that
demanded of civilians, except for the fact that the soldiers
have only to work a fixed number of hours and are not
necessarily obliged to complete the task assigned,(721) and
that the most tedious work is reserved for the prisoners.(722)
 
439. Work on railway construction consists, initially, of
preparing and levelling the ground.(723) Subsequently, the
workers have to crush the necessary stone,(724) lay the
chippings, cut wood to make sleepers(725) and then lay the
sleepers and rails.(726) This is followed by maintenance work
involving removal of weeds and scrub.(727) Work starts early
in the morning and finishes late in the day, sometimes after
dark; in some cases the workers are not even able to take a
short break at midday.(728)
 
440. The workers are not fed,(729) have to sleep at the work
site if it is too far from their homes(730) and usually have
to provide the tools necessary for the performance of the
task.(731) They are not paid,(732) though some claim to have
been promised compensation, which they never actually
received.(733)
 
441. Workers are subjected to ill-treatment when the
supervising military authorities consider that the work is not
progressing satisfactorily.(734)
 
442. It is possible to be exempted from the work by paying a
certain amount of money to the authorities(735) or by finding
a replacement.(736)
 
443. Finally, one witness mentioned that the military demanded
a tax, over and above the work to be carried out, because of
the fact that the railway would henceforth pass near his
village.(737)
 
______________________
 
NOTES
 
 
669.  There was information that forced labour was used in
1996 on roads near the Shadaw relocation site, on a road from
Demawso to the Daw Tama Gyi relocation site (through Tee Po
Klo) in Demawso township, on a road to the Mar Kraw She
relocation site in Pruso township, and on a road to Daw Ku Li
in Loikaw township in 1997. See Amnesty International,
099-3896; Karen Human Rights Group, 154-5083, 154-5091 to
5093. 
 
670.  There is information that people were forced to work on
the widening of a section of the road from Ye to Dawei
(Tavoy) near Ye in 1996; forced labour was also used on the
repair of the Kyaikto to Bilin road, and on local roads in Ye
and Mudon townships. See Karen Human Rights Group, 001-1341;
Mon Information Service, 139-4438 to 4439. 
 
671.  There is information that people were forced to work on
the construction and improvement of a number of roads,
including the following: Layshi to Somra in 1997; Layshi to
Tamanthi, over many years; Layshi to Lahe; Homalin to Tamanthi
in 1997; Kalaymyo to Tamu in 1995; a 14-mile road from Monywa
to Ah Myint in 1995; and road projects in Tamu township
in 1995. See HRDU, 001-0163 to 0164; Images Asia, 167-8338 to
8339. 
 
672.  People were reportedly forced to work on the following
road projects: Maungdaw to Kyein Chaung in 1995; providing
stones for widening the road to the NaSaKa headquarters, in
Maungdaw township; and other road improvement projects in
Maungdaw and Buthidaung townships in 1996. See Human Rights
Watch/Asia, 001-0051; Karen Human Rights Group, 001-0057 to
0058, 001-0565 to 0566; UNHCR, 033-2435, 113-3983; Amnesty
International, 089-3610; Asia Watch, 107-3940 to 3942. 
 
673.  The information indicated that in recent years people
had been forced to work on a road from Shwelaung to Wakema
and that in 1995/1996 people were also forced to construct a
road from Talakwa, near Pathein (Bassein), to Nga Saw beach
(30 km north of Chaungtha). See Karen Human Rights Group,
001-0652, 001-0695. As mentioned in para. 364, labourers
were forced to clear land and build barracks for the troops
supervising the work on this latter road. 
 
674.  The workers were mainly from Ye township in Mon State
and Dawei (Tavoy), Launglon, Thayetchaung and Yebyu townships
in Tanintharyi Division. 
 
675.  Human Rights Watch/Asia, 001-0052, 065-2967 to 2968,
150-4690; Amnesty International, 001-0500 to 0501; Karen Human
Rights Group, 001-0527 to 0531, 001-1032, 001-1051 to 1052,
001-1060 to 1074, 001-1241, 001-1243, 001-1341, 001-1367,
001-1373 to 1374, 001-1843, 001-1940 to 1945, 015-2116,
018-2166, 018-2170 to 2172, 029-2370; Mon Information Service,
001-1223, 001-1228 to 1234, 008-2061, 042-2615 to 2644,
043-2653, 139-4435, 139-4439 to 4440; Images Asia, 001-1822 to
1823, 001-1826, 001-1829, 001-1835 to 1836; John Doe A,
H20-6293, H20-6295; John Doe B, H20-6297; Jane Doe A, H20-6300
to 6301. 
 
676.  Shan Human Rights Foundation/S.H.A.N., 001-0167 to 0170;
Karen Human Rights Group, 001-0669; Amnesty International,
099-3897. 
 
677.  Karen Human Rights Group, 001-0305, 001-0320, 032-2425,
032-2429; Amnesty International, 091-3700. 
 
678.  Human Rights Watch/Asia, 001-0051; Karen Human Rights
Group, 001-0553, 001-0561 to 0564, 001-0575 to 0576; Images
Asia, 167-8327 to 8332. 
 
679.  There were indications that this railway was being
extended from Kalaymyo to Tamu on the border with India. See
Images Asia, 167-8327. 
 
680.  The distribution of witnesses by ethnic group to which
they belonged is as follows: Burman (3); Karen (32); Chin (4);
Rakhine (8); Shan (17); Karenni (5); Mon (10); Tai (1);
Rohingyas (7); Moslems other than Rohingyas (8). 
 
681.  The States and Divisions covered by the testimonies are
as follows: Ayeyarwady, Bago, Chin, Kayah, Kayin, Magway, Mon,
Rakhine, Sagaing, Shan and Yangon. The roads mentioned by
witnesses are, in the Ayeyarwady Division, the major Ma-u-bin
to Twantay and Einme to Pantanaw roads; in Bago Division, a
road in Kyaukkyi township; in Chin State, the roads connecting
Matupi to Paletwa and the Kaladan river, and roads between
Haka and Thantlang and Haka and Gangaw; in Kayah State, the
road network connecting Loikaw, Bawlake, Ywathit and Mawchi;
in Kayin State, the major road network connecting Papun,
Bilin, Hpa-an, Shwegun, Hlaingbwe, Painkyone, Dawlan, Yebu,
Nabu, Kawkareik, Myawady, Kyondo, Kyeikdon and Three Pagodas
Pass; in Mon State, the roads connecting Mawlamyine (Moulmein)
to Yangon, and Thanbyuzayat to Anin and Setse; in Rakhine
State, the road network in the north of the State connecting
Ann, Buthidaung, Kyauktaw, Maungdaw, Minbya, Rathedaung and
Sittway (Akyab); in Sagaing Division, the important road
between Kalaymyo and Thantlang; in Shan State, the road
network connecting Taunggyi, Aungban, Hopong, Yatsauk and
Shwenyaung, and the road network connecting Laikha, Loilem,
Mong Hsu, Mung Kung, Panglong, Lashio, Namtu and Mong
Yai. 
 
682.  Certain testimonies recount facts dating back to the
early 1980s.  
 
683.  See statement of Witness 154. 
 
684.  See, in particular, the statements of Witnesses 162 and
180. 
 
685.  See, in particular, the statement of Witness 173. 
 
686.  See statement of Witness 170. 
 
687.  See statements of Witnesses 220-228. 
 
688.  See statement of Witness 180. 
 
689.  See statement of Witness 133. Isolated cases do,
however, refer to direct action on the part of the military;
on this subject, see statement of Witness 170, a deserter from
the Tatmadaw, who related that, while he was in Lashio (Shan
State), in 1996, he had on three occasions been ordered to
recruit people at random to send them to the Chinese border
where they would work as porters or on road construction. He
had thus forcibly recruited 170, 80 and 90 persons for this
purpose on those three respective occasions. 
 
690.  See statements of Witnesses 11, 12, 110, 119, 126, 174
and 214. 
 
691.  See statements of Witnesses 119, 155, 159, 162, 175,
176, 180, 204 and 214. 
 
692.  See statements of Witnesses 122, 131, 132, 138, 139,
159, 214 and 217. 
 
693.  See statement of Witness 4. This witness, who comes from
a family of magistrates, explained that he, together with
other families of judges in his village, had to build, between
1 and 15 January 1995, a section of the road between Haka and
Thantlang (Chin State). 
 
694.  See statements of Witnesses 181, 186 and 244. 
 
695.  See statements of Witnesses 165, 186 and 130. 
 
696.  See statements of Witnesses 8, 37, 142 and 175. 
 
697.  See statements of Witnesses 4, 12, 214 and 217. 
 
698.  See statements of Witnesses 122 (6 a.m. to 5 p.m.); 130
(8 a.m. to 4 p.m.); 139 (8 a.m. to 5 p.m.); 142 (7 a.m. to 5
p.m.); 153 (8 a.m. to 5 p.m.); 156 (7 a.m. to 5 p.m.); 159 (6
a.m. to 6 p.m.); 184 (6 a.m. to 6 p.m.); 204 (6 a.m. to 6
p.m.); 231 (7 a.m. to 6 p.m.); 247 (6 a.m. to 5 p.m.). 
 
699.  See statements of Witnesses 7, 142, 143, 144 and 186.
Witness 143 specified that the workers were sometimes put in
stocks as a punishment. 
 
700.  See statement of Witness 157. This witness claimed to
have seen, while working on the road between Bilin and Papun
in 1993, two women, two young girls and five men shot dead by
the military because they wanted to take a short break. He
claimed that the women had first been raped. 
 
701. See, in particular, the statement of Witness 217. 
 
702. See statements of Witnesses 98, 106, 119, 122, 127, 131,
132, 137, 138, 139, 141, 142, 144, 162, 175, 176, 180,
183 and 186. 
 
703. See, in particular, statements of Witnesses 110 and 183. 
 
704. See statement of Witness 98. 
 
705. See statements of Witnesses 12, 137, 142 and 186. 
 
706. See, in particular the statements of Witnesses 122 (50
kyat), 131 (200 kyat per day), 132 (2,500 kyat for 10 days),
138, 139 (200 kyat for five days), 142 (100 kyat), 173 (500
kyat), 176, 180 (200 kyat per day), 214 (3,000 kyat for 15
days) and 220-228 (2,500 kyat per project). 
 
707. See statement of Witness 150. 
 
708. See statements of Witnesses 54, 68 and 76. 
 
709. See statement of Witness 76. 
 
710. See statements of Witnesses 8, 30, 34, 38 and 45. Workers
may be chained, put in stocks or exposed to the blazing sun
for hours on end: see statement of Witness 8. 
 
711. The distribution of witnesses in respect of the work
carried out on the railways is as follows: Burman (7); Chin
(1); Karen (1); Karenni (9); Mon (14); Shan (8); and, Tavoyan
(1). 
 
712. This is the railway between Myitkyina (Kachin State) and
Mandalay (Mandalay Division). The Witnesses' statement
refers to the work that they claim was done by unpaid
soldiers. See statement of Witness 5. 
 
713. The railway between Aungban (Shan State) and Loikaw
(Kayah State). See statement of Witnesses 84, 40, 90, 91, 93,
99, 106, 110, 113, 114. 
 
714. The railway between Ye and Dawei (Tavoy) connecting Mon
State and Tanintharyi Division. See statements of Witnesses
198-203, 211, 212, 220-225, 227, 228, 232, 233, 234-236. 
 
715. The railway linking Bago town with Yangon. See statements
of Witnesses 109, 119, 122, 129, 131, 134, 135 and 210. 
 
716. See statements of Witnesses 91, 99, 106, 109, 122, 199,
200, 202 and 210. 
 
717. See statements of Witnesses 91, 200 and 210. Only Witness
199 indicated that all members of his family of working age
were obliged to go to the site. One person only remained
behind to attend to household chores. Finally, Witness 190
declared that even government employees had to take part in
the construction of these tracks, though they received more
favourable treatment since they had to go only once a week and
did not have to finish the task assigned. 
 
718. See statements of Witnesses 112, 135 and 202. Witness 113
stated that all the villages in Kayah State took part in the
construction of the State railways. 
 
719. See statements of Witnesses 89, 91, 109, 122, 131, 201,
210, 211, 212 and 220. Witness 198 stated that she had to go
to her work assignments carrying her infant with her. 
 
720. See statement of Witness 90. 
 
721. See statement of Witness 93. 
 
722. See statement of Witness 99 who even saw prisoners die on
the work site because of the wretched working conditions. 
 
723. See statements of Witnesses 90, 91, 112 and 131. 
 
724. See statements of Witnesses 122, 198 and 200. 
 
725. See statements of Witnesses 106 and 114. 
 
726. See statements of Witnesses 112, 119, 134, 199, 201 and
210. 
 
727. See statement of Witness 232. 
 
728. See statements of Witnesses 90, 91, 198, 201 and 210. 
 
729. See statements of Witnesses, 89-91, 99, 109, 119, 129,
131, 198, 201, 210, 212 and 220. 
 
730. See statements of Witnesses 91, 99, 210 and 211. 
 
731. See statements of Witnesses 89, 90 and 99. 
 
732. See statements of Witnesses 90, 91, 112, 119, 211 and
212. Witness 229, who was responsible for recruiting manpower
for the railway track between Ye and Dawei (Tavoy), stated
that the workers were paid 180 kyat per day. 
 
733. See statements of Witnesses 106, 199, 202, 234 and 235.
In 1996, Witness 203 claimed to have recruited labour for
the Ye-Dawei (Tavoy) railway after having negotiated with the
military for an amount of 1,200 kyat per kyin of embankment.
When the work was completed, the military refused to pay and
finally paid 700 kyat per kyin. 
 
734. See statements of Witnesses 99, 112, 119, 122, 134, 198
and 212. It has been claimed that women are subjected to
sexual exactions: see, in particular, statements of Witnesses
199 and 200. 
 
735. See statements of Witnesses 109 (150 kyat), 112 (1,200
kyat), 131 (2,000 kyat for 20 days), 198 (1,000 kyat), 220
(2,500 kyat for two weeks) and 232 (150-200 kyat). 
 
736. See statements of Witness 131 (2,500 kyat). Only Witness
119 declared that the authorities refused the replacement. 
 
737. See statement of Witness 212 (3,000 kyat). 
 
[END OF SLICE 15]