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BURMA AT THE ILC, JUNE 2001
BURMA/MYANMAR AT THE INTERNATIONAL LABOUR CONFERENCE, JUNE 2001
On 22 June I posted in Text format the ILO Provisional Record of the
Special Sitting on Burma (Myanmar)-- forced labour (Convention 29) and the
record of the Burma debate on Convention 87 (Freedom of Association). Here
is some background material, links to documents on the ILO website, a bit
of analysis, some extracts from the debate in plenary of 21 June, the
Special Paragraph on Myanmar's non-compliance with her obligations under
the Convention on Freedom of Association, and other stuff.
David Arnott (Burma Peace Foundation, Geneva)
26 June 2001
BACKGROUND
In June 2000, the International Labour Conference (ILC) adopted a
resolution on Burma which requested the ILO constituents (workers,
employers and governments) and international organisations to review their
relations with Burma and to take appropriate measures to make sure these
did not contribute to forced labour, and requested them to help end forced
labour in Burma.(For text of resolution, see Document 4, below)
These requests have been interpreted as authorising sanctions against Burma.
The ILC decided, by the same resolution, 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;"
THE SPECIAL SITTING, 11 JUNE 2001
The main point at issue was the conditions under which the measures
requested by the ILC might be lifted.
The SPDC and ASEAN spokespeople said that in the light of the cooperation
extended to the ILO by Myanmar in agreeing to a visit by an ILO High-Level
Team (HLT), the Governing Body, at its November 2001 session, should
"review the question of Myanmar on the basis of the report of the HLT with
a view to removing the measures...."
These statements reflected the Memorandum submitted by the Government of
Myanmar and distributed as Document C.App./D.9, in which a request was made
to member States and delegates to support Myanmar:
"... by making brief intervention at the meeting of the Committee on the
Application of Standards in the 89th ILC in support of Myanmar and calling
upon the 282nd Session of the Governing Body, to be held in November 2001,
to review the question of Myanmar on the basis of the report of the HLT
with a view to removing the measures taken by the Organization under
article 33 of the ILO Constitution;..."
Most of the speakers in the debate, however, said that the measures should
not be lifted until the three main recommendations of the ILO Commission of
Inquiry (satisfactory amendment of legislation permitting forced labour;
cessation of the practice, especially by the military; and punishment of
people found guilty of recruiting forced labour) were fulfilled.
The latter view prevailed, and the Committee did not ask the Governing Body
to consider the question of lifing the measures. This means in practice
that the measures will stay in place for at least two years.
Other important points contained in the Committee's Conclusion:
* The call to ECOSOC to take action was repeated
* Witnesses in contact with the HLT should have full protection and
immunity from reprisal
* The mission of the HLT should just be seen as the first step in a process
* The HLT should be large enough to cover all the areas it wants to see
* It should have full access
For the text of the Conclusion, see Document 2, below, and for the debate,
my previous postings to this list (22 June) or Provisional Record 19, Pt.
3: http://www.ilo.org/public/english/standards/relm/ilc/ilc89/pdf/pr-19-3.pdf
FREEDOM OF ASSOCIATION
As on many occasions in the past, Burma was also condemned for her failure
to comply with her obligations under Convention 87, on Freedom of
Association. For the text of the Special Paragraph on Myanmar adopted by
the Committee on the Application of Standards, see Document 3, below, and
for the debate, see my previous postings to this list (22 June) or go to
Provisional Record 19, Pt. 2 and search for Myanmar:
http://www.ilo.org/public/english/standards/relm/ilc/ilc89/pdf/pr-19-2.pdf
DISCUSSION IN PLENARY, 21 JUNE
The Conference Plenary of 21 June discussed and adopted the report of the
Committee on the Application of Standards. See extracts in Document 1,
below, and for the full record, see:
http://www.ilo.org/public/english/standards/relm/ilc/ilc89/com-appd.htm
******************************* *******************************
DOCUMENTS
DOCUMENT 1
EXTRACTS ON BURMA (MYANMAR) FROM THE DISCUSSION IN PLENARY OF THE REPORT OF
THE COMMITTEE ON THE APPLICATION OF STANDARDS, GENEVA 21 JUNE 2001.
***********
MS WILKUND (REPORTER OF THE COMMITTEE)
*********
You will note that this year our report is in three parts: Part one is the
general report of the Committee, Part two is a record of 24 individual
cases examined by the Committee, and Part three, exceptionally this year,
is the report of the special sitting concerning Myanmar.
********
Following last year's exceptional resolution adopted by the Conference
under article 33 of the Constitution, the Committee held a special sitting
to consider the application by the Government of Myanmar of the Forced
Labour Convention, 1930 (No. 29). The Committee welcomed the resumption of
cooperation by the Government and found that the understanding reached last
month, that an objective assessment of the situation be carried out by
representatives of the Director-General, was a positive sign. Yet the
Committee also noted that the steps so far taken by the Government had been
insufficient, and that information available to the Governing Body in March
this year and to the Committee itself indicated that forced labour was
still being imposed.
************
The Committee was obliged to call the attention of the Conference to six
cases in special paragraphs of its report: Belarus, Colombia, Ethiopia,
Myanmar and Venezuela on the Freedom of Association and Protection of the
Right to Organise Convention, 1948 (No. 87), and Sudan on the Forced Labour
Convention, 1930 (No. 29). You will find these reflected in paragraphs 231
to 236 of the report. The Committee decided that two of these countries had
to be cited for continued failure to eliminate discrepancies in the
application of ratified Conventions: Myanmar for Convention No. 87 and
Sudan for Convention No. 29.
**********
MR WISSKIRCHEN (EMPLOYERS)
The main objective of our Committee is the study of individual cases, and
we had 26 States this year on our list, of which we considered 24. In
addition, at the request of last year's session of the Conference and on
the basis of decisions taken by the Governing Body, we had a special
meeting where we dealt with the resolution against Myanmar in connection
with the Forced Labour Convention, 1930 (No. 29). This is a particularly
serious instance of forced labour, which has been monitored for a long
time, with the involvement of military and civil authorities. All the
supervisory machinery of ILO, including a special mission of enquiry, are
therefore demanding a radical change in the corresponding legislation,
particularly the practical implementation of the prohibition of forced
labour. As to whether the regulations adopted by Myanmar in the last two
years are going to be sufficient, and whether in fact they are going to be
put into effect, a high-level, independent team will be giving the matter
consideration in autumn this year. The Committee has drawn up a detailed
list of conditions to be met in order for the high-level mission to be able
to make an objective study, unhindered, throughout the country. The
exhaustive discussion in our Committee, referred to in the general and
third parts of our report, is recorded very precisely.
I will now draw your attention to other individual cases. There are
positive and negative developments, for instance in the case of Colombia,
which our Committee has referred to in a special paragraph in the general
part of the report. There are special sections with critical remarks
concerning Belarus, Myanmar, Ethiopia and Venezuela, with regard to the
Freedom of Association and Protection of the Right to Organise Convention,
1948 (No. 87) .
Myanmar appears in the list of countries with a long-term history of
violations, which is also true of Sudan, with regard to the Forced Labour
Convention, 1930 (No. 29). We recommend the entire report of the Committee
for adoption, and we hope it will be given the attention it deserves.
***********
MR CORTEBEEK (WORKERS)
**********
The third part of our work concerned an examination of individual cases.
This year we dealt with 25 cases, 24 of which involved the usual
procedures, and one, the case of Burma (Myanmar), concerning the Forced
Labour Convention, 1930 (No. 29), which was dealt with in a special sitting.
***********
My next point concerns the cases we discussed, that were considered so
serious that the Committee decided to take them up in a special paragraph
or even in a special report.
Special reports are something of a novelty in our Committee. The
discussions on Burma (Myanmar) resulted in one. Unfortunately, there is a
lengthy history to this subject in our Organization. This case has been
taken up several times in a special paragraph; it has run the gamut of
other bodies of the ILO. Missions were sent to the country, recourse was
had to procedures under article 33 of the Constitution for the first time,
and the case came back before the Conference Committee on the Application
of Standards following a decision of the Conference at its previous session.
Practices of forced labour persist in various forms in all regions
throughout the country. A large part of the Burmese population suffers from
this situation. The consequences for social and economic life are
disastrous. Debates on this case were extremely interesting and the results
are relatively satisfactory: The Committee defined several additional
conditions for the high-level mission which will be going to Burma
(Myanmar) in the autumn. The Government stated its readiness and goodwill
and the time has now come for this to be reflected in specific measures.
The cases taken up in a special paragraph are contained in paragraphs
230-237 of the report.
This year, six cases are dealt with in special paragraphs: five cases
concerning Convention No. 87 and freedom of association, Belarus, Colombia,
Ethiopia, Burma (Myanmar) and Venezuela, and one case concerning Convention
No. 29 and forced labour, Sudan.
************
Innocent trade unionists in various parts of the world are being victimized
and even murdered, as can be seen in the case of Colombia. Similarly, the
incidence of forced labour in the form of bonded labour, child labour,
prison labour and migrant workers, and illegal trafficking of women and
children, is also prevalent in many parts of the world. That is why the
Government of Burma (Myanmar) has been specially asked to appear in the
special sitting. Forced labour is a continuing evil, and we abhor these
violations of the fundamental rights of workers.
***********
Mr. THAN (GOVERNMENT DELEGATE, MYANMAR)
Allow me to begin by expressing my deep appreciation for the skilful and
effective manner in which the President conducted the proceedings of this
Conference. I am confident that under her able leadership, the 89th Session
of the International Labour Conference will come to a successful conclusion.
The report of the Committee on the Application of Standards contained in
document Provisional Record No. 19, Part three, is before the plenary of
the Conference. The report of the Committee on the Application of Standards
reflects the discussions held by the Committee on 11 June 2001.
On the whole, the discussions in the Committee on the question of Myanmar
were positive. We would like to express the profound gratitude of the
Myanmar delegation to the member States of Asia and the Pacific region for
their important joint statements, respectively, which welcomed and
supported the steps taken by the Myanmar Government and the agreement
between the Myanmar Government and the ILO on the modalities of an ILO
objective assessment.
We are also highly appreciative of the supportive comments made by
individual delegations and delegates.
The agreement between the Myanmar Government and the ILO on the modalities
of an ILO objective assessment is a breakthrough. We believe that it will
constitute an important major step towards resolving the issue.
The Myanmar Government, for its part, is willing to cooperate with a
high-level team and facilitate its work when it comes to Myanmar on an
objective assessment mission in September this year.
We believe that all parties concerned wish to ensure the success of the
objective assessment mission of the high-level team, within the parameters
of the agreed modalities. In this context, I would like to emphasize the
importance of the conclusions of the ILO Committee of Experts.
The Committee of Experts, in paragraph 7 of its report, concludes, and I
quote, "Order No. 1/99 as supplemented by the Order of 27 October 2000
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."
This conclusion of the Committee of Experts is recognized by all of the
ILO's constituents as the most credible and authoritative objective
assessment. I therefore commend the interpretative declaration of the
Chairperson, following his summing up, as reflected in the report of the
Committee on the Application of Standards, which is contained in document
Provisional Record No. 19, Part three.
We believe that if the bodies concerned implement the objective assessment
in good faith, in all sincerity, without any politicization, within the
parameters of the agreed modalities, we will have a successful mission.
In this spirit, let us do our utmost to ensure that this process will
advance surely and speedily and soon lead to the resolution of the issue.
ADOPTION OF THE REPORT
The PRESIDENT - We shall now move on to the adoption of the report of the
Committee on the Application of Standards. If there are no objections, may
I take it that the report is adopted as a whole?
(The report is adopted as a whole.)
****************************************************
DOCUMENT 2
CONCLUSION OF THE COMMITTEE ON THE APPLICATION OF STANDARDS AT ITS SPECIAL
SITTING ON MYANMAR
The Committee held a special sitting on the application by Myanmar of the
Forced Labour Convention, 1930 (No. 29), further to the resolution adopted
by the International Labour Conference at its 88th Session, concerning the
application of article 33 of the Constitution. It noted the oral and
written information submitted by the Government, and the discussion which
followed. It recalled that this case had been discussed repeatedly in the
Committee before the appointment of a Commission of Inquiry under article
26 of the Constitution, and deplored the lack of progress towards the
elimination of forced and compulsory labour. The Committee noted the
results of the Director-General's appeals to the ILO constituents,
including employers' and workers' organizations as well as governments, and
other international organizations, to review their relations with the
Government of Myanmar in order to ensure that the Government of Myanmar
could not take advantage of relations with them to perpetuate or extend the
system of forced or compulsory labour referred to by the Commission of
Inquiry. It also noted that, according to information submitted to the
Governing Body in March 2001 and to the Committee, forced and compulsory
labour was still being imposed on the citizens of the country. The
Committee recalled that the Commission of Inquiry had called upon the
Government to halt all use of forced or compulsory labour, to amend its
legislation to render the practice illegal, and to punish all those who
imposed forced labour. The Committee noted that Order No. 1/ 99 as
supplemented by the Order of 27 October 2000 was a relevant but
insufficient basis for improving legislation. The conditions spelled out by
the Committee of Experts should be applied in good faith, and further
measures would be needed to ensure that this was in fact done. The
Committee welcomed the Government's decision to resume cooperation with the
ILO. In this regard, it noted with interest that a recent mission by
representatives of the Director-General (1719 May 2001) had concluded an
understanding for an objective assessment of the situation of forced labour
following measures announced by the Government of Myanmar, and that the
results of this objective assessment were to be brought before the
Governing Body at its November 2001 session. It was pointed out that this
was only a beginning, and the Committee called upon the Government once
again to take all possible measures with the greatest urgency to eliminate
forced and compulsory labour in all its forms, in following the
recommendations of the Commission of Inquiry; to punish those responsible
for imposing forced labour; and to give full cooperation to the High-Level
Team which was to carry out the objective assessment referred to above. The
Committee emphasized that, taking into account the discussion in the
Committee, the High-Level Team should: (1) have sufficient authority to
programme its activities; (2) have an appropriate composition which will
allow the work to be distributed among its members; (3) be selected within
the sole discretion of the Director-General; (4) be able to carry out its
investigation in all the places in the country which it considered
necessary to visit; and (5) have unrestricted access to all necessary
sources of information. Those people who provided information to the Team
must enjoy full protection. It was also noted that the United Nations
Economic and Social Council had been asked to discuss the situation at its
July 2001 session. The Committee requested the Governing Body to assess the
report of the High-Level Team at its November 2001 session in order to
consider what further steps were necessary to be taken at that time by the
Government or by the ILO, and recalled that the Government should provide a
detailed report to the Committee of Experts at its next session on all
measures taken to ensure observance of the Convention in law and in practice.
****************************
DOCUMENT 3
CONCLUSION (SPECIAL PARAGRAPH) OF THE COMMITTEE REGARDING BURMA'S
NON-COMPLIANCE WITH ILO CONVENTION 87, ON FREEDOM OF EXPRESSION
The Committee noted the statement made by the Government representative and
the detailed discussion which took place thereafter. It recalled that this
case had been discussed by the Committee on many occasions during the last
decade. The Committee shared the concern expressed by the Committee of
Experts that the Government failed to send a report and found itself
obliged once again to deeply deplore the total absence of cooperation on
the part of the Government in this regard. In these circumstances, the
Committee could not but once again continue to deplore the fact that no
progress had been made towards the application of this fundamental
Convention, despite the fact that very serious violations had already been
noted over 40 years ago. The Committee was also once again obliged to
express its profound regret for the persistence of serious discrepancies
between the national legislation and practice and the provisions of the
Convention. These discrepancies concerned the basic principles of the
Convention. Extremely concerned over the total absence of progress in the
application of this Convention, the Committee once again strongly insisted
that the Government adopt, as a matter of urgency, the measures and
mechanisms necessary to guarantee, in legislation and in practice, to all
workers and employers, the right to join organizations of their own
choosing, without previous authorization, and the right of these
organizations to affiliate with federations, confederations and
international organizations, without interference from the public
authorities. It also urged the Government to supply to the Committee of
Experts for examination this year any relevant draft legislation, as well
as a detailed report on the concrete measures taken to ensure fuller
conformity with the Convention. The Committee decided to include its
conclusions in a special paragraph of its report. It also decided to
mention this case as a case of continued failure to implement the Convention.
********************************
DOCUMENT 4
RESOLUTION ADOPTED BY THE INTERNATIONAL LABOUR CONFERENCE AT ITS 88TH
SESSION (JUNE 2000)
The International Labour Conference,
Meeting at its 88th Session in Geneva from 30 May to 15 June 2000,
Considering the proposals by the Governing Body which are before it, under
the eighth item of its agenda (Provisional Record No. 4), with a view to
the adoption, under article 33 of the ILO Constitution, of action to secure
compliance with the recommendations of the Commission of Inquiry
established to examine the observance by Myanmar of its obligations in
respect of the Forced Labour Convention, 1930 (No. 29),
Having taken note of the additional information contained in the report of
the ILO technical cooperation mission sent to Yangon from 23 to 27 May 2000
(Provisional Record No. 8) and, in particular, of the letter dated 27 May
2000 from the Minister of Labour to the Director-General, which resulted
from the mission,
Considering that, while this letter contains aspects which seem to reflect
a welcome intention on the part of the Myanmar authorities to take measures
to give effect to the recommendations of the Commission of Inquiry, the
factual situation on which the recommendations of the Governing Body were
based has nevertheless remained unchanged to date, Believing that the
Conference cannot, without failing in its responsibilities to the workers
subjected to various forms of forced or compulsory labour, abstain from the
immediate application of the measures recommended by the Governing Body
unless the Myanmar authorities promptly take concrete action to adopt the
necessary framework for implementing the Commission of Inquiry's
recommendations, thereby ensuring that the situation of the said workers
will be remedied more expeditiously and under more satisfactory conditions
for all concerned;
1. Approves in principle, subject to the conditions stated in paragraph 2
below, the actions recommended by the Governing Body, namely: (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 2001 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 organizations concerned of any developments in the
implementation by Myanmar of the recommendations of the Commission of Inquiry;
2. Decides that those measures will take effect on 30 November 2000 unless,
before that date, the Governing Body is satisfied that the intentions
expressed by the Minister of Labour of Myanmar in his letter dated 27 May
have been translated into a framework of legislative, executive and
administrative measures that are sufficiently concrete and detailed to
demonstrate that the recommendations of the Commission of Inquiry have been
fulfilled and therefore render the implementation of one or more of these
measures inappropriate;
3. Authorizes the Director-General to respond positively to all requests by
Myanmar that are made with the sole purpose of establishing, before the
above deadline, the framework mentioned in the conclusions of the ILO
technical cooperation mission (points (i), (ii) and (iii), page 8/11 of
Provisional Record No. 8), supported by a sustained ILO presence on the
spot if the Governing Body confirms that the conditions are met for such
presence to be truly useful and effective.