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BURMA CASE AT THE ILO GOVERNING BOD (r)



Subject: BURMA CASE AT THE ILO GOVERNING BODY

WRITTEN 30 MAY 99, 1:00PM

BURMA CASE AT THE ILO GOVERNING BODY

Recently posted "ILO Complience Report on Burma", in no doubt, reflects
the Burmese military junta's failure to observe the ILO Convention on
Forced Labour. This ILO Director-General's report will go to the ILO
Governing Body, which may decide on how to punish the Burmese military
government. Judging from the tone of the Director's report, the
Governing Body will have no difficulty, at least, to expel Burma from
ILO. 

According to the Article 33 of ILO Constitution:

	"IN THE EVENT OF ANY MEMBER FAILING TO CARRY OUT WITHIN THE TIME
SPECIFIED THE RECOMMENDATIONS, IF ANY, CONTAINED IN THE REPORT OF THE
COMMISSION OF INQUIRY, OR IN THE DECISION OF THE INTERNATIONAL COURT OF
JUSTICE, AS THE CASE MAY BE, THE GOVERNING BODY MAY RECOMMEND TO THE
CONFERENCE SUCH ACTION AS IT MAY DEEM WISE AND EXPEDIENT TO SECURE
COMPLIANCE THEREWITH." 

It is an opportune time to support the ILO Governing Body to take
strongest possible measures.

The circumstances that led to issue SPDC/SLORC Order on 14 May 1999 also
need examining. The ILO Director-General had given a precise deadline of
1 May 1999 to the junta to 'amend the Village and Town Act with other
practical measures' to redress the practice of forced labour in Burma.
Exchange of communication: 

-- ILO Director requested the junta on 25/10/98 to give information
regarding progress on that matter before 19/2/1999;
-- On 4/2/99 the Junta replied they have set up certain 'committees' and
'working groups' on that matter (gave no information about what
'actually' has done);
-- On 11/2/99 the ILO Director again requested specific information on
amending Village and Town Act and other possible measure that have been
taken by the junta;
-- On 18/2/99 the Burmese junta replied their committees have been
engaged in reviewing the Village and Town Act (no other practical
measures to cease forced labour on the ground were mentioned);
-- The ILO Governing Body met on March 1999, and reviewed the
situation.  
-- On 1/4/99 the ILO Director, again, requested the Burmese junta to
provide detail information about the measures taken in relation to

forced labour BEFORE 1/5/99 (3/5/99 including weekend);
-- No reply was given by the junta, until 12 and 18 May 1999. On
12/5/99, junta informed the ILO that the 'higher authorities' are
actively working on the matter. On 18/5/99 letter from junta indicated
an Order has been issued in relation to Village and Town Acts.
-- It would appears that, on 14/5/99, a marathon arrangement was made
(since it becomes evident to junta that the ILO Governing body will take
a proper action) so as to be able to issue an Order during the ASEAN
labour ministers' meeting in Rangoon. 

The Order issued by SPDC/SLORC on 14/5/99 was dismissed by
Director-General of ILO on the ground of technical deficiencies.
However, even if the SPDC/SLORC is able to proposed a legally competent
amendment to the Village and Town Acts to the satsification of ILO, in
my view, which shared by our friends from BPF in Switzerland, such
proposed amendment will not become a proper law. The Burma's Parliament
or, at least, CRPP would have to ratify that amendment to become a law.
Though the SPDC/SLORC Order is now consider invalid by ILO, we would
nevertheless have to draw attention of ILO Director-General about this
fact.

With best regards, U Ne Oo.
*****************************
/* Extracts of ILO Director-General's Report on 21/5/99 */

                                        Final observation

61. Despite the Order issued by the Government of Myanmar on 14 May 1999
there is no indication that the three recommendations of the Commission
of Inquiry have yet been followed: 

(a) the Village Act and the Towns Act have not been amended;

(b) in actual practice forced or compulsory labour continues to be
imposed in a widespread manner;

(c) no action appears to have been taken under section 374 of the Penal
Code to punish those exacting forced labour.
Appendix I
                           GOVERNMENT OF THE UNION OF MYANMAR
                                    DEPARTMENT OF LABOUR
                            BLDG. NO. 53, FIRST FLOOR, STRAND ROAD
                                      YANGON, MYANMAR



                                               REF: 15/DL(R-2)99

                                                                             
DATE: 12th May 1999.

To,

     The Director-General
     The International Labour Office
     CH 1211, Geneva 22, Switzerland
     Fax: (22) 798 86 85

Subject: Report of the ILO Commission of Inquiry

Reference: 

          (1) The letter dated 18 February 1999 of the Director-General
of the   Department of Labour 

  

          (2) The letter dated 1 April 1999 of the Director-General of
the International  Labour Office



Dear Mr. Director-General,

I wish to acknowledge receipt of your letter dated 1 April 1999
requesting me, pursuant to the decision of the Governing Body adopted at
its 274th Session, to inform you of any measures which my government
might have taken on each of the recommendations set out in the report of
Commission of Inquiry.

In this connection, I wish to inform you preliminarily that the
practical measures envisaged to be taken on the recommendations have
been submitted to the Government of the Union of Myanmar for decision

and they are already in the process of being actively considered by the
high authorities.

I will be most delighted to communicate to you as soon as the matter has
been decided upon. 


       
Yours sincerely,

                                                                              
(Signed) (Sein Myint)

      
Director-General
                                                                              
Department of Labour




Appendix II

                           GOVERNMENT OF THE UNION OF MYANMAR
                                    DEPARTMENT OF LABOUR
                            BLDG. No. 53, FIRST FLOOR; STRAND ROAD
                                      YANGON, MYANMAR




   
REF: 15/DL(R-2)99
                                                                             
DATE: 18th May 1999.



To,

     The Director-General
     International Labour Office
     CH 1211, Geneva 22, Switzerland
     Fax: (22) 798 86 85

Subject: Report of the Commission of Inquiry

Dear Mr. Director-General,

May I refer to my letter of 12 May 1999, in which I indicated that
practical measures would be taken regarding the recommendations by the
ILO Commission of Inquiry relating to the observance of the Forced
Labour Convention 1930 (Convention No. 29).

I am happy to inform you that the Ministry of Home Affairs of the
Government of the Union of Myanmar, has issued an Order dated 14 May
1999, in which the relevant authorities were directed not to exercise
the powers conferred on them under the Provisions namely, Section 7
Sub-section (1) (L) and (m), and Section 9 and 9A of the Towns Act, 1907
and also Section 8 Sub-section (1) (g) (n) and (o), Section 11 (d) and
Section 12 of the Village Act, 1907.

I may mention that this Order clearly stipulated that any person who
fails to abide by this order shall have action taken against him under
the existing law.

This Order has already been made public and has been circulated to all
State Bodies, Government Ministries and all local administrative bodies
and it will be published in the Myanmar National Gazette where all Laws,
Procedures, Notifications, Regulations and Directives are published.

You may also be aware that the 13th ASEAN Labour Ministerial Meeting was
held in Yangon, Myanmar, from 14-15 May 1999, at the conclusion of which
Myanmar Government at the Press Conference made known to local and
international media regarding the above action.



       
Yours sincerely,

                                                                              
(Signed) (Soe Nyunt) 

      
Director-General



Appendix III


                                  Government of the Union of Myanmar
                                     The Ministry of Home Affairs


                                          Order No. 1/99
                               Yangon, the 15th, Waning of Kason 1361 ME
                                          (14th May 1999)

  Order Directing Not To Exercise Powers Under Certain Provisions of The
Towns Act, 1907 and the Village Act, 1907

1. The Government of The Union of Myanmar, the Ministry of Home Affairs
hereby issues this Order under the directive of the Memorandum dated
14-5-99, Letter No. 04/Na Ya Ka (U)/Ma Nya of the State Peace and
Development Council.

2. Under Section 7 of the Towns Act, 1907, powers have been conferred on
the Chairmen of the Ward Peace and Development Councils to enable them
to execute their public duties. Among such powers, the right to
requisition for personal service of the residents of the ward is
provided in Sub-section (1)(l) and (m) of Section 7. It is provided in
Section 9 that residents of the ward shall fulfil the duty assigned
under the said power and it is provided in section 9A that on failing to
fulfil such duty, action may be taken against them.

3. Similarly, under Section 8 of the Village Act, 1907 also, powers have
been conferred on the Chairmen of the Village Tract Peace and
Development Councils to enable them to execute their public duties.
Among such powers, the right to requisition for personal service of the
residents of the village tract is provided in Sub-section (1)(g), (n)
and (o) of section 8. It is provided in section 11(d) that the residents
of the village tract shall fulfil the duty assigned under the said power
and it is provided in section 12 that on failing to fulfil such duty,
action may be taken against them.

4. In order to make the Towns Act, 1907 and the Village Act, 1907
conform to the changing situation such as security, administrative,
economic and social conditions within the internal domain of the State,
the Ministry of Home Affairs has been scrutinizing and reviewing as to
how the said Acts should be amended, inserted and deleted, in
coordination with the relevant ministries, Government departments and
organizations.

5. As such, this Order is hereby issued directing the Chairmen of the
Ward and Village Tract Peace and Development Councils and the
responsible persons of the Department of General Administration and the
Myanmar Police Force not to exercise powers under these provisions
relating to requisition for personal service prescribed in the
above-mentioned Towns Act, 1907 and the Village Act, 1907, until and
unless any further directive is issued, except for the following
circumstances:

(a) requisition for personal service in work or service exacted in cases
of emergency on the occurrence of disasters such as fire, flood, storm,
earthquake, epidemic diseases that would endanger the existence or the
well-being of the population; 

(b) requisition for personal service in work or service which is of
important direct interest for the community and general public and is of
present or imminent necessity, and for which it has been impossible to
obtain voluntary labour by offer of usual rates of wages and which will
not lay too heavy a burden upon the present population.


6. Any person who fails to abide by this Order shall have action taken
against him under the existing law. 


                                                                            
(Signed) Col. Tin Hlaing 

             
Minister
                                                                            
Ministry of Home Affairs


Circulation:

(1) Office of the Chairman of the State Peace and Development Council;

(2) Office of the State Peace and Development Council;

(3) Office of the Government;

(4) Supreme Court;

(5) Office of the Attorney General;

(6) Office of the Auditor General;

(7) Public Services Selection and Training Board;

(8) All Ministries;

(9) Director General, Department of General Administration (Forwarded
for information and for further circulation of the copy of this Order to
the State, Divisional, District and Township Administrative Officers
Subordinate to him);

(10) Police Major General, Myanmar Police Force (Forwarded for
information and for further circulation of the copy of this Order to the
relevant departments and organizations subordinate to him);

(11) Director General, Department of Special Investigation;

(12) Director General, Prisons Department;

(13) All State and Divisional Peace and Development Councils;

(14) All District Peace and Development Councils;

(15) All Township Peace and Development Councils (Forwarded for
information and for further circulation of the copy of this Order to the
Chairmen of the Ward and Village Tract Peace and Development Councils
Subordinate to it);

(16) Managing Director, Printing and Publishing Enterprise (with a
request for publication in the Myanmar Gazette).
-- 

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POSTMAIL: Dr U Ne Oo, 18 Shannon Place, Adelaide SA 5000, AUSTRALIA
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