ILO REPORT ON FL IN BURMA: SLICE 18

[darnott@xxxxxxxxxxx]

[ILO COMMISSION OF INQUIRY ON FORCED LABOUR IN BURMA, SLICE
18]
 
(b) Military camp work and other work in support of the
    military
 
487. The work exacted from civilians for the construction,
maintenance, repair and cleaning of military camps, for
cooking, collecting water or firewood, washing clothes and
acting as messengers for the camps is described in paragraphs
351 to 373 above. Other tasks that civilians are forced to
perform, such as acting as guides for the military, as human
shields, as minesweepers and as sentries are set out in
paragraphs 374 to 388. None of this work is "exacted in virtue
of compulsory military service laws" and none is "part of the
normal civic obligations of the citizens of a fully
self-governing country". Thus, the exceptions in Article
2(2)(a) and (b) are not applicable; nor is Article 2(2)(e),
dealing with "minor communal services".
 
488. What has been stated above(857) to explain why forced
portering does not come under Article 2(2)(d) of the
Convention, which concerns work or service exacted in cases of
emergency, applies all the more to work exacted from civilians
for the construction and servicing of military camps -- work
that is unrelated to any emergency in the sense of a sudden,
unforeseen happening that endangers the existence or
well-being of the population and calls for instant
countermeasures. Similarly, most of the services exacted in
the way of acting as guides, human shields, minesweepers and
sentries are routinely imposed on residents and not related to
any sudden, unforeseen happening that calls for instant
countermeasures. Moreover, where civilians are forced to act
as guides, human shields, minesweepers or sentries for the
military, there may be a real danger to the existence or
well-being of part of the population, but that is the kind of
danger for which the exigencies of the situation would call on
the military to protect the civilian population, while the
forced labour exacted in Myanmar in such cases shifts the
dangerous tasks from the military to the civilian population.
This is contrary to the concept of "emergency" expressed in
the Convention. In Myanmar, the civilian population is forced
to protect the military. Thus, the work imposed on residents
for military camps and in support of the military does not
come under any of the exceptions in Article 2(2) of the
Convention.
 
 
(c) Forced conscription
 
489. Findings of the Commission set out in Chapter 12(858)
indicated that there was regular forced recruitment throughout
Myanmar, including that of minors, into the Tatmadaw and
various militia groups, and that this did not occur pursuant
to any compulsory military service laws, but arbitrarily.
 
490. As indicated above,(859) the provisions of the People's
Militia Act, as adopted in 1959, which provide for compulsory
military service,(860) appear covered by the exception in
Article 2(2)(a) of the Convention, but the Commission is
neither aware of any subsequent modifications of the Act and
does not know whether the Act has been brought into force.
 
491. In view of its insufficient knowledge of the state of the
relevant legislation, and in the absence of meaningful
evidence gathered directly by the Commission to confirm the
factual information submitted concerning forced recruitment,
the Commission has not reached a finding on the compatibility
or not of any military conscription with the Convention.
 
 
(d) Work on agriculture, logging and other production projects
 
492. According to the findings reached in Chapter 12,
villagers, and to a lesser extent urban residents, are forced
to work on a variety of projects undertaken by the
authorities, in particular the military throughout the
country. These projects include cultivation of rice, other
food crops, cash crops such as rubber, fish and shrimp farms,
kilns for producing bricks, logging and manufacturing
activities, which are likely to enable the military either to
meet their material needs or produce profit. The military
mobilize the Myanmar population, forcing the people to carry
out these activities for the military in difficult conditions
without any share in the results.(861) This forced labour does
not correspond to any of the five exceptions from the scope of
the Convention listed in Article 2, paragraph 2.(862) In
particular, it does not come under "minor communal services",
inter alia, because it is not "performed by the members of the
community in the direct interest of the said community";(863)
nor is such labour related to any emergency, i.e. "any
circumstance that would endanger the existence or the
well-being of the whole or part of the population".(864)
 
 
(e) Construction and maintenance of roads, railways and
    bridges
 
493. As the Commission details in Chapter 12, there is large
scale use of forced labour across the whole population on the
construction of roads and railways.(865) With regard to the
cases in which prisoners or members of the armed forces were
required to work on such projects,(866) the Commission refers
to the explanations given above concerning the compatibility
or not of such assignments with the Convention.(867) As
regards the ordinary civilian population which supplies the
vast majority of the labour called up for the construction and
maintenance of roads, railways and bridges, and leaving aside
the cases in which freely employed workers were employed on
such work,(868) their call-up for such work comes under the
definition of forced or compulsory labour in the
Convention(869) and needs to be examined in the light of the
exceptions provided for in Article 2, paragraph 2, of the
Convention.(870)
 
494. The requisition of the population for the construction
and maintenance of roads, railways and bridges does not come
under the exceptions concerning compulsory military service
(Article 2(2)(a) of the Convention), normal civic obligations
of the citizens of a fully self-governing country (Article
2(2)(b)), prison labour (Article 2(2)(c)) or emergency work
required by an event endangering the existence or the
well-being of the whole or part of the population (Article
2(2)(d)). Neither does the construction or maintenance of
railway lines come under "minor communal services" (Article
2(2)(e) of the Convention).(871) This follows from the sheer
size of the projects,(872) which turn upon national or
regional needs, rather than communal interests, from the
numbers of workers and workdays involved,(873) the distance
between the worksite and the workers' villages(874) as well as
from the absence of consultation.(875) 
 
495. Similarly, with regard to the construction and
maintenance of roads and bridges, the Commission has reached
the following conclusions on the evidence before it, in the
light of the criteria in Article 2(2)(e) of the Convention
which determine the limits of the exception for "minor
communal services".(876) The Commission, as set out in Chapter
12, found that forced labour was used on the construction or
improvement of major roads linking towns in many parts of the
country as well as the construction of extensive networks of
roads between towns and villages, particularly in areas
recently occupied by the military after offensives against
opposition groups, or roads linking army camps to these
networks or to one another, and the building of roads to sites
of (forced) relocation.(877) Call-up of labour for these works
places a heavy burden on the population, all the more since
roads often have to be repaired or completely rebuilt after
every rainy season.(878)
 
496. Thus, the findings of fact set out in Chapter 12
regarding the construction and maintenance of roads and
related infrastructure show that the work is neither "minor"
nor turns upon the interests of a local community, but that it
is imposed either in the wider interests of national or
regional development, or for the specific needs of the
military. Moreover, roads built or renovated are reserved for
the exclusive use of the authorities,(879) and in the view of
those forced to work on such projects, they would not benefit
from them, in part because local forms of transport (such as
bullock carts) are not permitted to use these roads, built for
motor vehicles, which the vast majority of villagers do not
own.(880) Finally, the work is imposed by the military,
without consultation of the local communities in regard to the
need for such services,(881) as required in Article 2(2)(e) of
the Convention. The Commission concludes that by all criteria
that are applicable under the Convention, the exaction of
labour throughout Myanmar for the construction and maintenance
of roads and bridges, as well as railway lines, does not come
under any of the exceptions in Article 2, paragraph 2, of the
Convention. 
 
(f) Other infrastructure work
 
497. In section 7 of Chapter 12 of the present report, the
Commission has set out its findings(882)  concerning a range
of infrastructure projects (beyond the construction of roads,
railways and bridges) for which people across Myanmar were
forced to contribute their labour. What has been stated above
for roads, railways and associated infrastructure(883) also
applies to these projects. There is no basis for linking them
to the exceptions in the Convention concerning military
service, normal civic obligations, prison labour or
emergencies (Article 2(2)(e) to (d)). The applicability or not
of the exception concerning minor communal services in Article
2(2)(e)(884) will be considered in the following paragraphs
for the various types of work involved.
 
498. As regards the use of great numbers of forced labourers
on major projects for the building and repair of dams,(885)
hydroelectric power stations,(886) the digging of a canal
linking two townships,(887) irrigation projects,(888) the
construction of airports,(889) or work on electricity lines
linking one major village to a town,(890) the size of these
works or the large number of people or the geographical spread
of the call-up or a combination of all these means that all
these projects go far beyond the scope of "minor communal
services", as defined in Article 2(2)(e) of the Convention.
 
499. Also, the call-up of large numbers of workers (including
non-Buddhists) over four years to build a Buddha museum in the
capital city of Rakhine State(891) and the use of forced
labour for the excavation and restoration of a palace, a site
of significant historical importance, or the cleaning of
another major palace of national importance and the dredging
of its moat,(892) or for the building of a 30-mile fence in
Kachin State,(893) or the building of a stadium and
construction of local roads for a national Student Sport
Festival held each year in a different town,(894) all exceed
the purview of minor communal services and turn upon the needs
or interests of a community that is different from, and wider
than, that to which the persons called up belong.
 
500. Similarly, the forced transport of logs for telephone
line poles to and from a river by people from different
villages,(895) the construction of helipads(896) and
hotels,(897) the call-up of Rohingya residents to build new
villages for Buddhist Rakhines,(898) the call-up of labour,
including that of non-Buddhists, for the construction and
renovation of pagodas and the construction of a
monastery,(899) are all performed in the direct interests of
persons, entities or wider communities that cannot be
identified with the communities to which those doing the work
belong.
 
501. Finally, the building of a new primary school or clinic
in a village,(900) the digging of drainage trenches in a
town,(901) or the building of a public toilet in a
village,(902) appear to be performed by members of the
community in the direct interest of the community. But the
call-up of persons once a week or three times a month, for one
or two days, for digging drainage trenches(903) by far exceeds
the scope of "minor" communal services, which must relate
primarily to maintenance work and only in exceptional cases to
the building of new facilities(904) and should not normally
exceed a few days per year. Also, these criteria are not met
where persons required to build a new school are
simultaneously called upon to perform other forced
labour.(905) As for the building of a public toilet in a 
village, which would appear to come undisputably under "minor
communal services", the authoritarian manner in which the
villagers were ordered to do the work(906) follows the routine
of the military authorities that does not include any
consultation of the members of the community or their direct
representatives in regard to the need for the services in
question and thus violates the prerequisites of Article
2(2)(e) of the Convention.
 
 
(g) General work
 
502. Where urban residents are called up to carry out regular
tasks such as cleaning and beautifying public areas, roads,
the school and hospital compound, the area around a lake or at
an army camp,(907) the criteria set out in section (f) above
also apply: while cleaning an army camp would not be performed
in the direct interest of those called up to do the work, most
of these other tasks might by their nature and purpose come
within the purview of "minor communal services". But the
call-up of one person per household for one day per weekend
for such work(908) exceeds by far the boundaries of "minor
communal services", which should not normally involve more
than a few days' work per year,(909) and the apparent absence
of any consultation of those concerned or their direct
representatives also falls short of the standards of Article
2(2)(e) of the Convention.
 
 
(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
 
503. In its observations on the complaint, the Government has
not invoked Article 1(2) of the Convention, which allowed for
recourse to forced or compulsory labour during a transitional
period, subject to the conditions and guarantees provided in
the Convention.(910) As indicated above,(911) use of a form of
forced or compulsory labour falling within the scope of the
Convention as defined in Article 2 may no longer be justified
by invoking observance of the provisions of Article 1,
paragraph 2, and Articles 4 to 24, although the absolute
prohibitions contained in these provisions remain binding upon
the States having ratified the Convention. In this regard, the
Commission noted that the wide powers to requisition labour
and services laid down in the Village Act and Towns Act are
incompatible not only with the obligation to suppress the use
of forced or compulsory labour under Article 1, paragraph 1,
read together with Article 2 of the Convention, but even with
the provisions of Articles 9 to 14 and 17 to 19 of the
Convention.(912) The information provided to, and evidence
gathered by, the Commission shows that national practice as
set out in Chapter 12 likewise violates both the obligation to
suppress the use of forced and compulsory labour(913) and
specific prohibitions contained in Article 4 et seq. of the
Convention.
 
 
(b) Violation of specific prohibitions
 
     (i) Imposition of forced or compulsory 
         labour for private benefit
 
504. To the extent that the produce of, or income generated
through, forced labour on projects undertaken by the military
for the cultivation of rice, other food crops, or cash crops
such as rubber, on shrimp farms, brick kilns and logging
activities goes to individuals within or outside the military
unit concerned,(914) or that forced labour is used by private
contractors(915) or on the construction of hotels owned by
private interests,(916) the imposition of forced labour not
only violates the obligation to suppress the use of forced or
compulsory labour(917) but also the specific prohibition to
impose or permit the imposition of forced or compulsory labour
for the benefit of private individuals, companies or
associations, contained in Article 4, paragraph 1, of the
Convention.
 
505. In their supplementary evidence submitted by a letter
dated 31 October 1996, the complainants have alleged "that
people living in the vicinity of the (Yadana) gas pipeline
route are regularly forced to work (on the) construction of
the pipeline route itself, and on related infrastructure",
explaining that "Work on the pipeline route has mainly
consisted of clearing the jungle by hand. Related
infrastructure work has included construction of barracks in
the area to house SLORC battalions moved into the region to
provide security for the pipeline."(918)
 
506. As regards the allegations regarding the ground clearance
work mentioned in paragraph 505, the Commission refers to its
findings concerning the facts set out in paragraph 452 above,
where it indicated that, since the Commission was denied
access to Myanmar to supplement its evidence, no finding on
this matter could be made. 
 
507. As regards the construction of barracks for military
battalions in the region of the pipeline, the Commission
considers that even if the battalions are in the region to
guard the pipeline, in the absence of further information
concerning the security arrangements made between the
Government and the private company or companies involved in
the pipeline project, forced labour used for the construction
of military barracks cannot prima facie be held to be imposed
for private benefit in the strict sense of Article 4 of the
present Convention.
 
508. Construction of the Ye-Dawei (Tavoy) railway was also
mentioned by the complainants in connection with the
installation of the Yadana gas pipeline(919) while such a
connection was denied by TOTAL.(920) The Commission considers
that the use of forced labour for the construction of the
Ye-Dawei (Tavoy) railway(921) does not come under Article 4 of
the Convention, it being understood that this railway is a
state undertaking, whether or not the private companies
involved in the Yadana project are among its eventual
customers.(922)
 
509. Finally, as indicated in the Commission's findings
concerning the facts, the Commission, having been denied
access to Myanmar, was unable to make a finding as to whether
TOTAL, companies working for TOTAL or the Yadana gas pipeline
project were the beneficiaries of those helipads built in the
region of the Yadana gas pipeline for which there is
information that they were constructed with forced
labour.(923)
 
510. Whether or not the forced labour used on different
worksites considered in paragraphs 505 to 509 above was
imposed for private benefit in the sense of Article 4 of the
Convention, the use of forced labour constitutes a breach of
the obligation of the Government to suppress the use of forced
or compulsory labour in all its forms.(924)
 
 
     (ii) Exaction of forced or compulsory labour from  
          women, children, elderly people and disabled         
          persons
 
511. In violation of the absolute prohibition in Article 11,
paragraph 1, of the Convention, forced or compulsory labour is
widely imposed on women,(925) including pregnant women and
nursing mothers,(926) children below the age of 18(927) who
may be as young as 12(928) or 10 years(929) of age and who
would otherwise be at school(930) and persons above the age of
45(931) as well as persons otherwise unfit for work,(932) for
portering,(933) messenger service,(934) camp building,(935)
sweeping roads to detect mines,(936) sentry duty,(937) 
building roads and railways(938) and other infrastructure
works.(939)
 
 
     (iii) Denial of remuneration and compensation
 
512. While Article 14, paragraph 1 of the Convention provided
for "remuneration in cash at rates not less than those
prevailing for similar kinds of work", forced labourers in
Myanmar are paid only in exceptional circumstances(940) and
then below market rates.(941) Persons serving as porters are
in fact never paid,(942) except when hired as substitutes by
those actually called up,(943) and, rather than being paid,
some pay to be exempted from serving.(944) Those doing forced
labour for the building or maintenance of military camps not
only are not paid, neither for their work nor for any land
confiscated from them,(945) but even have to bring the
necessary materials such as wood, plaster or cement,(946) and
again, some of those called up to pay in order to be exempted,
or hire replacements.(947) Persons called up to perform guard
duty(948) and villagers forced to work on agriculture, logging
and other production projects(949) are not remunerated in any
way, people forced to work on roads and railways are not
normally paid, only in exceptional circumstances and then
below market rates,(950) and workers called up for other
infrastructure projects are not paid either.(951) Likewise,
compensation for death or injury, required by Article 15 of
the Convention, appears to be minimal in the case of porters
(whose families are not normally notified)(952) and not to be
given in most cases where workers are injured on road or
railway building projects.(953)
 
 
     (iv) Compulsory cultivation
 
513. Article 19(1) of the Convention prohibits the recourse to
compulsory cultivation otherwise than "as a method of
precaution against famine or a deficiency of food supplies,
and always under the condition that the food shall remain the
property of the individuals or the community producing it". In
Myanmar, villagers are not only forced by the military to grow
rice and other food crops in the absence of a risk of famine,
but they are also compelled to grow and harvest cash crops,
and in either case the produce is used or sold by the military
and never remains the property of the individuals or the
community producing it.(954)
 
 
(4) Punishment of the illegal exaction 
    of forced or compulsory labour
 
514. Under Article 25 of the Convention, "The illegal exaction
of forced or compulsory labour shall be punishable as a penal
offence, and it shall be an obligation on any Member ratifying
this Convention to ensure that the penalties imposed by law
are really adequate and are strictly enforced". As indicated
above, it appears that section 374 of the Penal Code, which
provides for the punishment of those unlawfully compelling any
person to labour against the will of that person,(955) is not
being applied in practice, and persons exacting forced labour
in Myanmar are not being punished.(956) In so far as some of
the forced or compulsory labour exacted in violation of the
Convention may be imposed in conformity with the provisions of
the Village Act or the Towns Act that are themselves contrary
to the Convention,(957) the necessary amendments to those
provisions of the Village Act or Towns Act may have to be
brought into force before the corresponding exaction of forced
or compulsory labour becomes "unlawful" in national law and
punishable under article 374 of the Penal Code.(958) However,
the provisions of the Village Act and the Towns Act
authorizing recourse to compulsory labour had at some stage
been declared obsolete(959) and are in practice never invoked
when imposing forced or compulsory labour.(960) Moreover,
there are a number of instances of exaction of forced labour,
in particular where people are directly rounded up by the
military for compulsory service without a requisition of the
village head or ward authorities,(961) which even under the
very wide provisions of the Village Act and the Towns Act
appear unlawful in national law and should have given rise
already to prosecution under article 374 of the Penal Code.
The lack of enforcement in practice of article 374 of the
Penal Code violates the obligations of Myanmar under Article
25 of the Convention.
 
_______________________
 
NOTES
 
857. Para. 486. 
 
858. Paras. 278 and 389 to 393. 
 
859. Para. 477. 
 
860. See paras. 255 to 257 above. 
 
861. See paras. 394 to 407 above. 
 
862. See paras. 207 to 213 above. 
 
863. Art. 2(2)(e) of the Convention. 
 
864. Art. 2(2)(d) of the Convention. 
 
865. See paras. 408 to 443 above. 
 
866. See paras. 412 and 438 above. 
 
867. See paras. 477 (concerning soldiers) and 483 (concerning
prison labour) above. 
 
868. Besides the cases in which the work was performed by
substitutes hired by those households or individuals which had
been called up to contribute labour (see paras. 480 and 482
above), the evidence submitted to the Commission includes the
testimonies of two labour contractors who worked with their
groups of 216 and about 100 contract (wage) labourers,
respectively, on the Ye-Dawei (Tavoy) railway construction
alongside many other workers performing forced labour
(Witnesses 203 and 229), and of two contract labourers who
paid for getting a job at the Ye-Dawei (Tavoy) railway
construction site and left after six months of work without
being paid (Witnesses 234 and 235). Moreover, one foreign
company operating in Myanmar (TOTAL) testified it had
improvements made to the road network in its area of activity
with the use of modern equipment and without recourse to
forced labour -- para. 75 above and the last footnote (668) to
para. 421 above. 
 
869. See paras. 206 and 480 to 482 above. 
 
870. See paras. 207 to 213 above. 
 
871. See the criteria in para. 213 above. 
 
872. See paras. 408, 424 to 426 and 436 above. 
 
873. See paras. 408 and 411 above. 
 
874. See para. 413 above. 
 
875. See para. 437 (and 429) above. 
 
876. See para. 213 above. 
 
877. See paras. 420 to 422 and 427 above. 
 
878. See paras. 410, 411 and 436 above. 
 
879. See para. 429 above. 
 
880. See para. 409 above. 
 
881. See para. 429 above. 
 
882. See paras. 444 to 457 above. 
 
883. See para. 494 above. 
 
884. See para. 213 above and the findings on roads and
railways in paras. 494 to 496 above. 
 
885. See para. 447 above. 
 
886. See paras. 447 and 454 above. 
 
887. See para. 447 above. 
 
888. See paras. 447 and 454. 
 
889. See paras. 448 and 454. 
 
890. See para. 454 and statement of Witness 129. 
 
891. See para. 449 and footnote 755 above. 
 
892. See para. 449 and footnotes 753 and 754 above. 
 
893. See para. 451 and footnote 760 above. 
 
894. See para. 451 and footnote 757 above. 
 
895. See statement of Witness 177, referred to in para. 454,
footnote 773. 
 
896. See para. 448 above. 
 
897. See para. 451, footnote 758. 
 
898. See statement of Witness 74, referred to in para. 454. 
 
899. See para. 449, footnotes 749 to 752. 
 
900. See statements by Witnesses 190 and 192, referred to in
para. 454, as well as information quoted in para. 450. 
 
901. See statements by Witnesses 234 and 235, referred to in
para. 454. 
 
902. See para. 451, footnote 759. 
 
903. See statements by Witnesses 234 and 235, referred to in
para. 454 above. 
 
904. See para. 213 above. 
 
905. See statements by Witnesses 190 and 192. 
 
906. See the order referred to in footnote 759 to para. 451. 
 
907. See paras. 458 and 461 above. 
 
908. See paras. 459 and 461 above. 
 
909. A call-up for one day per week, i.e. 52 days per year,
comes close to the upper limit that had been set in Art. 12(1)
of the Convention for what was tolerated during a transitional
period (see paras. 214 to 218 above) while being defined as
forced and compulsory labour in the full sense of the
Convention, and not coming under the exception in Art.
2(2)(e). 
 
910. See para. 472 above. 
 
911. See paras. 218 and 472 above. 
 
912. See para. 472 above. 
 
913. See paras. 479 to 502 above. 
 
914. See paras. 394 and 396 above. 
 
915. See para. 449, footnote 750 above. 
 
916. See para. 451, footnote 758 above. 
 
917. Art. 1, para. 1, of the Convention. 
 
918. See Appendix I, part III.B.1, 2nd para. and its footnote
92. 
 
919. See Appendix I, part III.B.1, 3rd para. and its footnote
96. 
 
920. See para. 54 above. 
 
921. See paras. 423 and 436 et seq. above. 
 
922. See the allegations in Appendix I, part III.B.1, 3rd
para. and their rejection in para. 54 above. 
 
923. See para. 448 above. 
 
924. Art. 1, para. 1, of the Convention. 
 
925. See paras. 291, 302, 308, 314, 317, 323, 334, 342, 343,
353, 368, 375, 384, 416, 437 and 456. 
 
926. See para. 308. 
 
927. See paras. 291, 302, 314, 323, 343, 368, 375, 384, 416,
430, 437 and 456. 
 
928. See para. 430. 
 
929. See paras. 342 and 456. 
 
930. See para. 368. 
 
931. See paras. 291, 302, 323, 416 and 430 (up to 72 years of
age). 
 
932. See paras. 302 and 323. 
 
933. See paras. 302, 308, 314, 317, 323, 334 and 343. 
 
934. See para. 353. 
 
935. See para. 368 above. 
 
936. See para. 375 above. 
 
937. See para. 384 above. 
 
938. See paras. 416, 430 and 437 above. 
 
939. See para. 456 above. 
 
940. See paras. 312, 314 and 433 above. 
 
941. See para. 314 above. 
 
942. See paras. 312, 338 and 348 above. 
 
943. See para. 312 above. 
 
944. See paras. 302 and 312 above. 
 
945. See para. 351 above. 
 
946. See para. 369 above. 
 
947. See para. 373 above. 
 
948. See para. 387. 
 
949. See paras. 395 and 406 above. 
 
950. See paras. 415, 433 and 440 above. 
 
951. See para. 457 above. 
 
952. See para. 319 above. 
 
953. See para. 414 above. 
 
954. See paras. 394 to 407 above. 
 
955. See para. 258 above. 
 
956. See para. 284 above. 
 
957. See para. 470 et seq. above. 
 
958. With regard to criminal responsibility in international
law, see however paras. 204 and 478 above. 
 
959. See paras. 122 et seq. above; see however the reversal in
paras. 145 and 237 above. 
 
960. See para. 481 above. 
 
961. See paras. 480 and 481 above. 
 
 
[END OF SLICE 18]