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Report of ILO mission to Burma (ful
- Subject: Report of ILO mission to Burma (ful
- From: darnott@xxxxxxxxxxx
- Date: Fri, 01 Jun 2001 14:24:00
Report of ILO mission to Burma (17-19 May 2001)
The Mission report is now on the ILO website in pdf at
http://www.ilo.org/public/english/standards/relm/ilc/ilc89/reports.htm
Scroll down to
C. App./D.7: Arrangements for an objective assessment of the
situation of
forced labour following measures taken by the Myanmar Government (PDF
version)
and click on the blue line.
******************************
Below is a Text version of the Report
(pdf version authoritative)
*******************
89th Session, Geneva, June 2001
Committee on the Application of Standards
Developments since the 280th Session of the
Governing Body (March 2001): Arrangements
for an objective assessment of the situation of
forced labour following measures taken by the
Myanmar Government
(Mission to Yangon, 17-19 May 2001)
Introduction
While considering that the conditions had not been met for the
provisions
contained in the Conference resolution of June 2000 to be rendered
inappropriate, the Governing Body noted during its 279th Session in
November
2000 that the Director-General should continue to extend cooperation
to the
Government of Myanmar in order to promote full implementation of the
recommendations of the Commission of Inquiry.
During its 280th Session in March 2001, the Director-General informed the
Governing Body, in opening the discussion on the report concerning the
implementation of the measures decided by the Conference (GB.280/6),
of the
efforts which he had undertaken with the Myanmar authorities in order to
fulfil the second aspect of his responsibilities. In his letter of 1
March
2001 to the Minister for Labour (Appendix 1), he had expressed the
view that
the Myanmar authorities could not expect to receive any recognition
for the
framework of measures and subsequent action which they said they had
taken, in the absence of an objective assessment by the ILO of their
practical
implementation and actual impact on the forced labour situation.
Following
that letter, he had received a visit from the Deputy Minister for
Foreign
Affairs, Mr. Khin Maung Win, on 22 March 2001. During a very frank
discussion,
the Deputy Minister had indicated that the authorities were disposed
to enter
quickly into discussions on the modalities of an objective assessment.
That information was received with interest, and the Governing Body
decided
that any further developments should be reflected in the report to be
submitted
to the Conference Committee on the Application of Standards at its
meeting in
2001, in accordance with paragraph 1(a) of the resolution adopted in
June 2000.
The present report follows up that decision. Its purpose is to set
out the
developments that have taken place since the Governing Body's last
session,
and in particular to give an account of the origin and results of the
mission
which visited Yangon between 17 and 19 May 2001 in order to decide on
the
modalities for an objective assessment of the implementation and
impact of
the framework of measures put in place from October 2000 onwards.
Origin of the mission
During a meeting with the Director-General on 22 March 2001, Mr. Khin
Maung
Win had said that the Permanent Representative of Myanmar in Geneva,
Ambassador
U Mya Than, would be appointed to undertake discussions with the Office
regarding the modalities of the objective assessment. During those
preliminary
discussions, it soon became clear that it was not realistic to expect
the two
successive stages of the implementation process (agreement on
modalities and,
in the case of such agreement being reached, the carrying out of the
assessment
itself) could be undertaken before the Conference, given the logistical
constraints and the deadlines associated with the second stage. The
parties
therefore set a target of reaching a clear and firm commitment from the
authorities regarding the modalities of such an assessment before the
International Labour Conference, on the understanding that such a
commitment
would be followed up as soon as possible by the assessment itself, so
that the
Governing Body could be informed of the results during its November 2001
session. The letter of the Minister for Labour dated 26 April 2001
(Appendix 2)
and the Director-General's reply of 10 May 2001 (Appendix 3) are the two
principal reference points in the development of discussions on that
subject.
It followed from the Director-General's letter of 10 May that, in
order to
finalize the modalities in question and obtain before the Conference
a specific
and definitive commitment based on parameters previously discussed
with the
Ambassador (concerning issues such as who would carry out the
assessment, when
it would begin and how long it would last, and what practical and legal
guarantees would be provided for it), discussions would have to be
held in
Yangon with all the ministries concerned.
It was for this reason that a new mission visited Yangon between 17
and 19 May
2001. Its members were as follows:
- Mr. Francis Maupain, representative of the Director-General;
- Mr. Dominick Devlin, Legal Adviser;
- Mr. Rueben Dudley, Deputy Director, ILO Regional Office for Asia
and the
Pacific;
- Mr. Richard Horsey, Secretary.
Progress and findings of the mission
The mission, like the previous ones, attracted a degree of interest
among the
diplomatic community in Yangon and among the United Nations agencies.
In order
to respond to that interest, and despite the limited time available, the
mission was anxious to organize a number of information sessions,
with the
assistance of the United Nations Resident Coordinator. The mission's
detailed
programme is given in Appendix 4. During the first working session
following
the mission's arrival in Yangon, the representatives of the various
ministries
concerned informed the mission that they had taken a number of
measures since
the adoption of the new framework of legislative, executive and
administrative
measures. To illustrate those efforts, the Secretary of the
"Implementation
Committee for Convention No. 29", U Soe Nyunt, drew attention to
action which
had been taken to publicize those measures as well as to the visits
that had
been organized to different parts of the country in order to examine the
realities of the situation in the light of previous allegations.
The mission emphasized that the purpose of its present visit was quite
different from that of the previous missions. The purpose was not to
re-examine the substantive issues dealt with in the report of the
Commission
of Inquiry. Neither was it the purpose of the visit to set up a new
Commission
of Inquiry, although the Government was free to request such a step
under
article 34 of the ILO Constitution. As the Director-General had made
clear in
his letter of 1 March and in his presentation to the Governing Body
in March,
the purpose of the objective assessment now being considered was more
specific:
it was to assess the practical implementation of the legislative,
executive and
administrative framework that had been put in place and its actual
impact on
the forced labour situation in the country.
The mission drew attention to the fact that the Committee of Experts
on the
Application of Conventions and Recommendations had discussed the
framework of
measures at its previous meeting in December 2000, and its
observation in its
report to the Conference provided some valuable indications as to the
points to
be considered when the objective assessment was undertaken. The
Committee of
Experts, while expressing regret that the views of the October 2000
Technical
Cooperation Mission had not been fully taken into account,
nevertheless noted
that the legislative measures adopted "could provide a statutory
basis for
ensuring compliance with the Convention in practice, if given effect
bona fide
not only by the local authorities empowered to requisition labour
under the
Village and Towns Acts, but also by civilian and military officers
entitled to
call on the assistance of local authorities under the Acts". With
that in mind,
the Committee had given a number of indications regarding further
measures that
could be undertaken (Report of the Committee of Experts on the
Application of
Conventions and Recommendations, Report III (Part 1A), 2001, page 149).
The object and scope of the assessment being thus delineated, the
mission
emphasized that the modalities were of necessity dictated by the
nature of
the task: they had to provide every possible guarantee that the
assessment
would be objective and credible. The members of the High-Level Team
(HLT)
responsible for the assessment would therefore have to be appointed
by the
Director-General solely on the basis of their recognized impartiality,
experience and technical competence including knowledge of the
region; the
duration of the HLT's visit should be sufficient to allow it to form
an opinion,
while recognizing the possible constraints as regards the
availability of the
HLT's members; and finally, the HLT needed to be allowed complete
discretion
with regard to the organization of its programme of activities and
meetings.
The mission expressed the hope that those parameters could be
translated into
a specific text during the course of the visit.
Those basic considerations led to discussions during which the
mission drew up
an initial draft "Understanding". That in turn gave rise to numerous
proposed
amendments and counter amendments until quite late in the afternoon
of Saturday,
19 May. Two main difficulties had to be faced. The first concerned the
appointment by the Director-General of the members of the HLT, which the
authorities wished to be subject to their prior approval. That demand
was not
accepted. It was, however, made clear that the expression "recognized
qualifications" used in point I of the text implied that the
qualifications
required of members of the HLT would have to be recognized by all,
including
the Myanmar authorities; that interpretation was subsequently
confirmed in
writing, at the latter's request. The second difficulty related to the
discretion of the HLT to determine the programme which it regarded as
necessary
for conducting the assessment. The solution that was adopted
acknowledged that
that discretion could be limited by considerations of security -
including the
security of members of the HLT itself - but stipulated that those
considerations must be "valid"; it also provided for a mechanism to
overcome
any difficulties that might arise in that regard, namely, the possible
assistance of an independent "facilitator" recognized as
knowledgeable and fair
by all parties concerned. On that basis, the full text of an
"Understanding"
was finally agreed.
Before leaving Yangon, the mission was received by the Deputy
Minister for
Foreign Affairs, Mr. Khin Maung Win, who had been kept regularly
informed of
the progress of the discussions and who welcomed the news that they
had finally
led to an "Understanding". He expressed the willingness of the
Government to
make the assessment process a success and asked the mission to
communicate to
the Director-General his Government's wish to assist the HLT as much as
possible in achieving its objectives. If difficulties arose, they
could be
discussed openly. The Government was firmly committed to resolving
the issue.
The final text, as initialled by both parties at the airport after final
amendments, is reproduced in Appendix 5. Before leaving, the
representative of
the Director-General expressed the concern that the content of the
Understanding
and its implications should be communicated to the General Secretary
of the
National League for Democracy (NLD). Since it had been unable to do
so directly,
given the various constraints which it had had to face, the mission,
on behalf
of the Director-General, asked Mr. Léon de Riedmatten, former ICRC
delegate
and currently representative of the Centre for Humanitarian Dialogue,
to do so
instead.
The mission could not conclude its report without thanking Mr. Patrice
Coeur-Bizot, the United Nations Resident Coordinator, and his assistant,
Ms. Jeanne Lennkh, for their valuable support in the organization of
meetings
and in ensuring the smooth progress of the mission. It also wishes to
thank
Mr. Léon de Riedmatten for the very useful advice which he imparted
to the
mission on the basis of his particular experience and role. The
mission was
encouraged by the contacts which it had with the international
organizations
represented in Yangon and with the current ICRC delegate, Mr. Michel
Ducraux.
Overall, those organizations expressed a strong interest in
contributing in a
concrete way to the success of the present undertaking and in
particular to
promoting the development and implementation of the programme of the
future
high-level team as far as their knowledge and resources permit.
Geneva, 31 May 2001.
*******************
Appendix 1
Communication dated 1 March 2001 from the Director-General
to the Minister for Labour of the Government of Myanmar
Dear Mr. Minister,
I acknowledge receipt of your letter dated 11 February 2001 in reply
to mine
of 22 December 2000, and would like to offer the following comments.
As regards the second paragraph of your letter, I can assure you that
your
views, as well as the text of the statement which your Ambassador
intended to
make and which reached the Chairman's Office after the closure of the
session,
will be reflected appropriately in the documentation before the next
session
of the Governing Body.
I have taken note of your statement that Myanmar is "resolute in our
endeavours
to implement the framework of legislative, executive and
administrative measures
which we have put in place" with a view to the total elimination of
the practice
of forced labour in Myanmar, and in particular of the information
that some
action has already been taken against the perpetrators of such practices.
However it is clear that Myanmar cannot expect to receive credit for
these
endeavours in the absence of an objective assessment of their practical
implementation and actual impact. The ILO alone is in a position to
provide
such an assessment with the authority necessary to carry legal,
practical and
political consequences at the international level. This is all the
more relevant
in the light of the continuing flow of information from various sources
concerning the issues in question.
For these reasons I would like to reiterate that the Office stands
ready to
engage in discussions about the possible format and modalities such an
objective assessment could take. In my view, it would be highly
desirable that
such discussions take place before the next session of the Governing
Body.
It should be recalled that the International Labour Conference will, in
accordance with paragraph 1(a) of its resolution, review the
situation at its
next session in June, on the basis of all relevant information then
available.
Yours sincerely,
(Signed) Juan Somavia. 6
*************************
Appendix 2
Communication dated 26 April 2001 from the Minister
for Labour of the Government of Myanmar to the
Director-General
Excellency,
I acknowledge receipt of your letter dated 1 March 2001 which
responded to my
letter of 11 February 2001.
I note with satisfaction that, as assured by you in the letter under
reference,
the statement of my Ambassador as well as our views on the issue of
forced
labour in Myanmar had been reflected in the documentation submitted
to the
280th Session of the Governing Body of the ILO held last month. I
wish to
express thanks to you for that.
I fully appreciate your Office's continued readiness to engage in
discussions
about the possible format or modalities for an objective assessment
of the
actual implementation of the legislative, executive and
administrative measures
that we have taken to eliminate forced labour in Myanmar. In this
regard I
would like to reiterate Myanmar's willingness to occasionally accept
an ILO
representative based in the Regional Office in Bangkok or Geneva
and/or a
mutually acceptable person. We are convinced that such a
representative would
be able to assess objectively the implementation of the
abovementioned measures
and their impact. For the assessment to be generally effective, in
our view, it
would require the involvement of an independent and unbiased entity.
I hope that continued discussions between you and our Permanent
Representative
Ambassador U Mya Than, who has been designated as our contact point
in this
matter, will lead to some significant progress before the 89th
Session of the
International Labour Conference (ILC) in our search for the effective
format
or modalities acceptable to both sides.
I can assure you that, regardless of any outcome in this joint
effort, we will
continue to take steps to ensure that forced labour does not exist in
Myanmar
both in law and in practice and to implement the framework we have
put in place.
Yours sincerely,
(Signed) Major-General Tin Ngwe,
Minister for Labour,
Union of Myanmar
************************
Appendix 3
Communication dated 10 May 2001 from the
Director-General to the Minister for Labour of
the Government of Myanmar
Dear Mr. Minister,
Thank you for your letter of 26 April reacting to my letter of 1
March in the
light of subsequent developments, including the discussions at the 280th
Session of the Governing Body.
As envisaged in your letter, discussions have in the meantime
continued with
Ambassador Mya Than with a view to clarifying the process whereby the
objective
assessment mentioned in my letter could actually take place.
It now seems clear on both sides that this process would be in two
stages. The
first stage would be to reach a clear and firm commitment on the
modalities of
such an assessment on the basis of parameters which have been
presented to the
Ambassador. It is very urgent that this commitment be finalized so
that, as
envisaged on both sides, the outcome could be reported to the
Conference in
June. To reach this outcome as expeditiously as possible, my
representatives
- whose names have been communicated to the Ambassador - are ready to
travel to
Yangon as soon as the competent authorities confirm their interest,
but no
later than early next week.
If this first stage is successful, the second stage would be to
undergo the
objective assessment itself, in accordance with the abovementioned
modalities.
This assessment would have to take place not later than the end of
the summer
so that a report could be prepared for the Governing Body in November.
I hope the above clarification may help the authorities to quickly
finalize
their position on the matter.
Yours sincerely,
(Signed) Juan Somavia.
**************************
Appendix 4
List of meetings held
The mission held 16 meetings in Yangon over three days. It met with
the Deputy
Minister for Foreign Affairs, senior officials from three ministries
(Foreign
Affairs, Home Affairs, and Labour), and from the Attorney-General's
Office and
the Office of Strategic Studies, representatives of 26 diplomatic
missions,
seven United Nations agencies, a representative of the Geneva-based
Centre
for Humanitarian Dialogue, and a representative of the ICRC.
Thursday, 17 May 2001
9.40 a.m., Arrival in Yangon
10.30-11.00 a.m., Traders Hotel
Patrice Coeur-Bizot, United Nations Resident Coordinator
Jeanne Lennkh, Assistant to United Nations Resident Coordinator
Léon de Riedmatten, Centre for Humanitarian Dialogue
11.00 a.m.-1.00 p.m., Traders Hotel
Soe Nyunt Director-General, Department of Labour
Win Mya Director-General, International Organizations and Economic
Department, Ministry of Foreign Affairs
Dr. Tun Shin Director-General, Attorney-General's Office
Lt.-Col. Hla Min Deputy Head, Department of International Affairs,
Office of
Strategic Studies
Aung Thein Director-General, Department of General Administration,
Ministry of Home Affairs
Zaw Win Chief of General Staff, Police Force
2.30-4.30 p.m., Traders Hotel
Soe Nyunt Director-General, Department of Labour
Win Mya Director-General, International Organizations and Economic
Department, Ministry of Foreign Affairs
Dr. Tun Shin Director-General, Attorney-General's Office
Lt.-Col. Hla Min Deputy Head, Department of International Affairs,
Office of
Strategic Studies
Aung Thein Director-General, Department of General Administration,
Ministry of Home Affairs
Zaw Win Chief of General Staff, Police Force
5.00-6.00 p.m., Japanese Embassy
Shigeru Tsumori, Japanese Ambassador
Kiyoshi Koinuma, Deputy Chief of Mission, Head of Political Section
Naoki Ito Counsellor
Friday, 18 May 2001
8.00-9.00 a.m., Traders Hotel
Trevor Wilson, Australian Ambassador
John Jenkins, British Ambassador
Bernard Lelarge, French Second Secretary
Hauke Kracht, German Third Secretary
Francesco Fedeli, Italian Chargé d'Affaires a.i.
Karl Wycoff, United States Chargé d'Affaires a.i.
Patrice Coeur-Bizot, United Nations Resident Coordinator
Jeanne Lennkh, Assistant to United Nations Resident Coordinator
10.00-10.30 a.m., Traders Hotel
Soe Nyunt, Director-General, Department of Labour
Win Mya, Director-General, International Organizations and Economic
Department, Ministry of Foreign Affairs
Dr. Tun Shin, Director-General, Attorney-General's Office
Lt.-Col. Hla Min, Deputy Head, Department of International Affairs,
Office of
Strategic Studies
Aung Thein Director-General, Department of General Administration,
Ministry of Home Affairs
Zaw Win Chief of General Staff, Police Force
12.15-1.15 p.m., UNDP Office
Patrice Coeur-Bizot, United Nations Resident Coordinator
Jeanne Lennkh, Assistant to United Nations Resident Coordinator
Members of the United Nations Country Team:
Francis Rinville, FAO Representative
Guillaume Le Hegarat, UNDCP Assistant Representative
Rajiv Kapur, UNHCR Chief of Mission
Dr. Rosella Morelli, UNICEF Officer in Charge
Jos Vandelear, WHO Officer in Charge
Bradley Guerrant, WFP Emergency Coordinator
Renata Dessallien, UNDP Deputy Resident Representative
1.15-2.15 p.m., UNDP Office
Janeh Sukaimi, Brunei First Secretary
In May, Cambodian Counsellor
Nasaruddin Mochtar Koro, Indonesian Ambassador
Ly Bounkham, Lao People's Democratic Republic Ambassador
Dato Mohammad Bin Noh, Malaysian Ambassador
Pablito Mendoza, Philippine Third Secretary
Simon de Cruz, Singapore Ambassador
Buskorn Prugsapongse, Thai Counsellor
Nguyen Van Thanh, Vietnamese Second Secretary
Wang Zongying, Chinese First Secretary
Shyam Saran, Indian Ambassador
Naoki Ito, Japanese Counsellor
Chung Jung-Gum, Republic of Korea Ambassador
Patrice Coeur-Bizot, United Nations Resident Coordinator
2.30-4.00 p.m., Traders Hotel
Soe Nyunt, Director-General, Department of Labour
Win Mya, Director-General, International Organizations and Economic
Department, Ministry of Foreign Affairs
Dr. Tun Shin, Director-General, Attorney-General's Office
Lt.-Col. Hla Min, Deputy Head, Department of International Affairs,
Office of
Strategic Studies
Aung Thein, Director-General, Department of General Administration,
Ministry of Home Affairs
Zaw Win, Chief of General Staff, Police ForceILC89-
*********************
Appendix 5
Understanding on an ILO objective assessment
Recalling previous discussions which were reported to the Governing
Body at its
March 2001 session relating to the possibility of an objective
assessment being
carried out by the ILO with respect to the practical implementation
and actual
impact of the framework of legislative, executive and administrative
measures
reported by the Government, within the overall objective of the complete
elimination of forced labour in law and in practice;
Recognizing now the desirability of such an assessment being carried
out as
soon as practicable;
Noting the importance in this connection of the observation made by
the ILO
Committee of Experts on the Application of Conventions and
Recommendations in
its 2001 report;
Aware of the need to respect the sovereign right of the country as
well as the
independence of the Organization in the discharge of its functions;
The Government of Myanmar agrees to receive a high-level team (HLT)
to carry
out an objective assessment under the following conditions designed
to ensure
its credibility:
1. The team will be composed of high-level persons appointed by the ILO
Director-General on the basis of their recognized qualifications,
impartiality
and knowledge of the region.
2. Taking into consideration seasonal weather conditions, the
assessment shall
be carried out in September 2001. The time needed to carry out the
assessment
in Myanmar could involve up to three weeks.
3. The members of the HLT shall enjoy, for the purpose and duration
of the
mission, the same protection and status accorded to officials of
comparable
ranks in the United Nations.
4. The HLT shall have complete discretion to establish and implement its
program of work, meetings and visits, taking into account the
indications
provided, inter alia, in the aforementioned observation of the
Committee of
Experts on the Application of Conventions and Recommendations, and
subject only
to valid considerations of security. For this purpose, the HLT shall be
accorded full cooperation from the relevant Myanmar authorities.
During the
establishment and implementation of the HLT's programme, the HLT and the
Government may call upon the assistance of a facilitator recognized
by all
parties concerned as being a knowledgeable and fair intermediary.
5. Based on the results of the assessment, the HLT may provide such
advice and
comments as it deems appropriate.
6. The report of the HLT will promptly be made available to the
Director-General
and the Government and transmitted to the Governing Body for
consideration at
its November 2001 session.
19 May 2001. (Initialled) U Soe Nyunt,
Chairman of the Myanmar
Negotiating Team.
Francis Maupain.