[Date Prev][Date Next][Thread Prev][Thread Next][Date Index ][Thread Index ]

ILC BURMA UPDATE



ILC BURMA UPDATE, 31 MAY 2000

On the first day of its 88th session in Geneva,  the
International  Labour Conference (ILC) decided to refer
to its Selection Committee the "procedure for the
consideration of the  action recommended by the
Governing Body under  article 33 of the Constitution ­
Implementation of  recommendations contained in the report of the
Commission of Inquiry on Forced Labour in Myanmar (Burma)".

This Committee will discuss the issue on Thursday 8 June
and recommend action to be taken by the Conference.

The Committee will have before it the report of the ILO
technical mission which visited Rangoon last week, along with
a background document (see below).

I imagine that the discussion will centre round whether the meetings
the mission had with the Burmese officials indicated a serious
intention on the part of the SPDC to get rid of forced labour, and if so,
what the ILO's response should be. The Committee could, for instance,
recommend the immediate adoption of one or more of the measures a-e
proposed by the Governing Body in March (see below). Or it could
recommend that the Conference give the SPDC more time.

In my view, the critical question would be whether the SPDC can
demonstrate a credible willingness to bring an immediate end
to the requisitioning of forced labour by the military
(the Commission of Inquiry's 2nd recommendation)

The report of the technical mission will probably be issued this Friday.


I am posting just the Contents and the first section of the background
document (without footnotes). The full document is in PDF format on:

http://www.ilo.org/public/english/standards/relm/ilc/ilc88/pdf/pr-4.pdf


David Arnott, Geneva 31 May.

*********************
BACKGROUND DOCUMENT (EXTRACTS)

4/1
4
International Labour Conference
Provisional Record

Eighty-eighth Session, Geneva, 2000
Eighth item on the agenda

Measures recommended by the Governing Body under article 33 of the 
Constitution ­
Implementation of recommendations contained in the report of the Commission 
of Inquiry
entitled Forced Labour in Myanmar (Burma)


CONTENTS

I. Historical background . . .. . . . . . . . . . . . . . 1
II. Recommended action . . . . . . . . . . . . . . . . 1
III. Relevant information . . . . . . . . . . . . . . . . . 2
A. Extracts from the report of the Commission
of Inquiry on ?Forced Labour
in Myanmar (Burma)? ............ . . . . . . . . . . . . 2
1. Conclusions on the substance of
the case . . . . . . . . . . . . . . .......... . . . . . . . . 2
2. Recommendations of the Commission
of Inquiry . . . . . . . . . . . . . . . . .. . . . . . . . . .   3
B. Communication of the Government of
Myanmar dated 23 September 1998 . . . . . . . . 4
C. Consideration by the Governing Body
of measures, including action under
article 33 of the Constitution of the
International Labour Organization, to
secure compliance by the Government
of Myanmar with the recommendations
of the Commission of Inquiry established
to examine the observance of
the Forced Labour Convention, 1930
(No. 29) . . . . . . . . . . . . . . . ... . . . . . . . . . . 4
1. Extracts from the report submitted
to the Governing Body . . . . . .. . . . . . .  . . . . 4
2. Communication from the Government
of Myanmar dated 21 January 2000 . . .  . . . . 6
3. Summary of discussions at the
277th Session of the Governing Body . . . . . . . 7

Annexes
Annex I
Resolution on the widespread use of forced
labour in Myanmar adopted by the International
Labour Conference at its 87th Session
(June 1999) .. . . . . . . . . . . . . . . . . . . . . . . . . 13
Annex II
Exchange of correspondence between the
Government of Myanmar and the International
Labour Office . . . . . .. . . . . . . . . . . . . . . . . . . 14
Annex III
Resolutions adopted by United Nations
bodies (Extracts) . . . . . . . . . . . . . . . . . . . . . . 16



I. Historical background

In 1996, a complaint was presented under article 26
of the ILO Constitution against the Government of
Myanmar for non-observance of the Forced Labour
Convention, 1930. The complaint recalled that
?Myanmar?s gross violations of the Convention
[No. 29] have been criticized by the ILO?s supervisory
bodies for 30 years?.

In accordance with the aforementioned article, the
Governing Body appointed a Commission of Inquiry.
The Government of Myanmar did not authorize the
Commission of Inquiry to visit the country, indicating
that ?such a visit would not contribute much towards
resolving the case? and ?would interfere in the internal
affairs of the country?.

In accordance with article 28 of the Constitution,
the Commission of Inquiry established the relevant
facts and concluded that the alleged violations had
occurred, and formulated recommendations regarding
measures to be taken with a view to eliminating
those violations.

The Director-General, in accordance with the provisions
of article 29, paragraph 1, of the Constitution,
communicated the report of the Commission of Inquiry
to the Government of Myanmar. The Government,
within the period of three months allowed
under article 29, paragraph 2, of the Constitution,
informed the Director-General that ?the authorities,
therefore, will do their utmost to complete the process
within the time frame referred to in the report [of the
Commission of Inquiry]?.

No significant follow-up was noted by the Governing
Body  or by the International Labour Conference.
The Committee on the Application of Standards
in particular drew the attention of the
Conference, at its 87th Session (Geneva 1999), to the
fact that ?the explanations provided by the Government
did not respond to the detailed and well-substantiated
findings and recommendations of the
Commission of Inquiry and the Committee of Experts?.
At the same session, the Conference adopted
a resolution on the widespread use of forced labour
in Myanmar.

At its 277th Session (March 2000), the Governing
Body decided to include the following item on the
agenda of the 88th Session of the Conference: Action
recommended by the Governing Body under article 33
of the Constitution ? Implementation of the recommendations
contained in the report of the Commission
of Inquiry entitled Forced Labour in Myanmar
(Burma). That is now the eighth item on the
Conference agenda.


II. Recommended action

According to article 33 of the Constitution of the
International Labour Organization:
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.

Some indication regarding the scope of article 33 of
the Constitution and the type of action that may be
taken in application of that article is given in the extracts
from the report submitted to the 277th Session
of the Governing Body which are reproduced in the
present report.

In accordance with this article of the Constitution,
the Governing Body adopted the following resolution:
The Governing Body of the ILO,


Recalling the discussions held at the 273rd, 274th and
276th Sessions of the Governing Body on the implementation
of the recommendations of the Commission of Inquiry
established under article 26 of the Constitution of
the ILO to examine the observance by Myanmar of the
Forced Labour Convention, 1930 (No. 29),

Noting that the Government of Myanmar has so far
not complied with the recommendations of the Commission
of Inquiry, despite the disapproval that the gravity of
the Government?s failure to act must inspire in everyone?s
conscience and the imperative need to put an end
to this situation by every appropriate means as soon as
possible,

Noting the provisions of article 33 of the Constitution
of the ILO;

Recommends to the International Labour Conference,
meeting at its 88th Session (May-June 2000), that it
adopt measures including some or all of the following:
(a) to decide that the question of the implementation of
the Commission of Inquiry?s recommendations and
of the application of Convention No. 29 by Myanmar
should be discussed at future sessions of the International
Labour Conference, at a sitting of the
Committee on the Application of Standards specially
set aside for the purpose, so long as this Member
has not been shown to have fulfilled its obligations;
(b) to recommend to the Organization?s constituents as
a whole ­ governments, employers and workers ­
that they: (i) review, in the light of the conclusions
of the Commission of Inquiry, the relations that
they may have with the member State concerned
and take appropriate measures to ensure that the
said Member cannot take advantage of such relations
to perpetuate or extend the system of forced
or compulsory labour referred to by the Commission
of Inquiry, and to contribute as far as possible
to the implementation of its recommendations; and
(ii) report back in due course and at appropriate
intervals to the Governing Body;
(c) as regards international organizations, to invite the
Director-General: (i) to inform the international
organizations referred to in article 12, paragraph 1,
of the Constitution of the Member?s failure to comply;
(ii) to call on the relevant bodies of these organizations
to reconsider, within their terms of reference
and in the light of the conclusions of the
Commission of Inquiry, any cooperation they may
be engaged in with the Member concerned and, if
appropriate, to cease as soon as possible any activity
that could have the effect of directly or indirectly
abetting the practice of forced or compulsory
labour;
(d) regarding the United Nations specifically, to invite
the Director-General to request the Economic and
Social Council (ECOSOC) to place an item on the
agenda of its July 2000 session concerning the failure
of Myanmar to implement the recommendations
contained in the report of the Commission of
Inquiry and seeking the adoption of recommendations
directed by ECOSOC or by the General Assembly,
or by both, to governments and to other
specialized agencies and including requests similar
to those proposed in paragraphs (b) and (c) above;
(e) to invite the Director-General to submit to the Governing
Body, in the appropriate manner and at suitable
intervals, a periodic report on the outcome of
the measures set out in paragraphs (c) and (d)
above, and to inform the international organizaions
concerned of any developments in the implementation
by Myanmar of the recommendations of
the Commission of Inquiry.

The Conference is requested to examine, with a
view to their adoption in the form of a resolution, one
or more of the measures indicated in subparagraphs
(a)-(e) of the resolution submitted to it by the Governing
Body.