ILO: FORCED LABOUR IN BURMA-INTRO

[darnott@xxxxxxxxxxx]

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

                     Unofficial Introduction


This is the introduction to the (unofficial) Text version of
the report, which follows as 49 slices on a number of Internet
conferences. The first 19 slices were posted to the reg.burma 
conference and a few individuals a couple of weeks ago. 

An earlier version of this introduction, plus report Contents 
and press releases, were placed on Burmanet-L on 20 August.
________________________

The report is also 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 free of charge from
ILO Distribution -- contact Mr Dunand, Email prodoc@ilo,org
                    _________________________


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 been issued on Burma.  

But its significance goes far beyond forced labour, as can be
seen from the interview summaries which make up most of the
Appendices. These testimonies, given by people from most parts
of Burma, document killings, torture, including rape, forced
relocation, deliberate starvation and many other abuses.  


The Commission conducted its Inquiry with meticulous judicial
procedure and systematic fact-finding:

* It put out requests for written information and received
more than 10,000 pages produced by the UN and other inter-
governmental and international organisations, governments,
non-governmental organisations, companies mentioned in the
complaint and individuals.  

* It held hearings in Geneva where it was able to listen to
testimony from and cross-question direct victims and witnesses
of forced labour, as well as internationally-respected Burma
experts.  

* It went on mission to the region for more than a month with
a team from the ILO Secretariat, and interviewed 246 direct
victims and witnesses. 

* On the basis of all this evidence it produced an
authoritative legal analysis of forced labour in Burma, and
issued a substantial report containing these analyses,
summaries of the interviews it conducted as well as legal and
factual background materials. 


The report brings together and concentrates the institutional
memory of the ILO, UN and other organisations on the forced-
labour practices of the Burmese military as far back as the
early 60s, citing the reports of the Special Rapporteur on
Myanmar, of the Rapporteurs on Torture and  Executions, to
name but two, as well as the resolutions adopted by the
General Assembly and the Commission on Human Rights. 

It confirms and corroborates the reports on forced labour and
other violations that have been published by NGOs and other
organisations. With this report there can be absolutely no
doubt as to the extent and illegality of forced labour in
Burma, as well as the widespread and persistent nature of
other human rights abuses in that country.

The main restriction on the Commission's activities was the
lack of cooperation from the Burmese junta, which did not
allow the Commission of Inquiry to enter Burma, and did not
attend the hearings.


David Arnott

Burma Peace Foundation, Geneva 

7 September 1998

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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.


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

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 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. 

(http://www.icftu.org/english/turights/burma/etuburma98.html) 
 
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.../

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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 interview with AI?s
Myanmar researcher, please call:
Mark Ogle + 44 171 413 5729
Jennifer King  + 44 171 413 5977

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