(Part 3 of 3) Appendices to the Rep

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(Part 3 of 3) Appendices to the Report of the ILO High-level team.
Divided into 3 parts for easier downloading. The version on the ILO site is=
=20
authoritative:

Appendices to the Report of the ILO High-level team (PDF 1014K)
http://www.ilo.org/public/english/standards/relm/gb/docs/gb282/pdf/gb-4-ax.p=
df

****************************************
Appendix X

List of documents submitted to the HLT (Some confidential documents=20
provided to the HLT are not listed here)

Document -- Date received -- Received from

"Myanmar: a silent humanitarian crisis in the making" (joint letter from=20
country representatives of UN agencies operating in Myanmar to the heads of=
=20
various UN agencies) -- 17.09.01 -- United Nations Resident Coordinator a.=
 i.

Developments in Myanmar with respect to the implementation of ILO=20
Convention No. 29, Ministry of Labour, Yangon. September 2001. -- 18.09.01=
=20
-- Implementation Committee

"Political Situation of Myanmar and its Role in the Region" (27th edition),=
=20
Office of Strategic Studies, Ministry of Defence, Yangon. May 2001. --=20
18.09.01 -- Ministry of Defence representative

Folder containing two documents entitled "Myanmar: The reality" and=20
"Understanding Myanmar: Issues in Brief" -- 18.09.01 -- Implementation=20
Committee

Three booklets concerning Buddhism and Myanmar culture -- 18.09.01 --=20
Implementation Committee

Booklet in Burmese published by the General Administration Department of=20
the Ministry of Home Affairs and reproducing Order 1/99, the Supplementing=
=20
Order, and other relevant texts. -- 18.09.01 -- Ministry of Home Affairs

Document detailing allegations of forced labour -- 18.09.01 -- NLD

Document in Burmese detailing the dissemination of the Orders and=20
allegations of forced labour in Chin State -- 18.09.01 -- NLD

Four booklets concerning Buddhism 19.09. 01 Ministry of Social Welfare=20
"Feeling Good or Doing Good with Sanctions: Unilateral Economic Sanctions=20
and the US National Interest" by Ernest H. Preeg, Center for Strategic and=
=20
International Studies, Washington, DC. 1999. -- 19.09.01 -- UNDP

Booklet entitled "The Judicial System of The Union of Myanmar" Supreme=20
Court, Yangon. September 2001 -- 19.09.01 -- Supreme Court

Statistics on cases before the Supreme Court -- 19.09.01 -- Supreme Court

Booklet entitled "The role of the Office of the Attorney General" and a=20
copy of "The Attorney General Law, 2001" -- 19.09.01 -- Office of the=20
Attorney General

Document Date received Received from Summary of two complaints made to the=
=20
Myanmar National Committee for Women's Affairs concerning forced labour --=
=20
19.09.01 -- Myanmar National Committee for Women's Affairs

Three brochures providing information about the Myanmar Maternal and Child=
=20
Welfare Association -- 19.09.01 -- Myanmar Maternal and Child Welfare=20
Association

Brochure entitled "The Union of Myanmar" -- 19.09.01 -- Myanmar National=20
Committee for Women's Affairs

Letter dated 20 September 2001 from Ms. Suzanne Pun, Principal of=20
Stamford-City Business Institute, Yangon, to the HLT -- 20.09.01 --=20
International business community

Document entitled "Action taken on cases for not abiding notification 1/99=
=20
and its supplementary order", Ministry of Home Affairs, General=20
Administration Department. -- 21.09.01 -- Implementation Committee

Instruction dated 11 November 2000 issued by the Regional Commander to the=
=20
military units under his command. (In Burmese) -- 23.09.01 -- Maj-Gen Aye=20
Kyway, Coastal Region Commander

Follow-up action by the Regional Command Headquarters concerning violations=
=20
of the Supplementary Order. (In Burmese) -- 23.09.01 -- Maj-Gen Aye Kyway,=
=20
Coastal Region Commander

Action taken with regard to misappropriation of porter charges by members=20
of one VPDC. (In Burmese)-- 23.09.01 -- Maj-Gen Aye Kyway, Coastal Region=20
Commander

Note read by Khin Maung Yee during the meeting with the Regional Commander.=
=20
(In English) -- 23.09.01 -- Maj-Gen Aye Kyway, Coastal Region Commander

A number of documents relating to one case of violation of the Orders. (In=
=20
Burmese) -- 23.09.01 -- Maj-Gen Aye Kyway, Coastal Region Commander

Album containing photographs of meetings held in Dawei district to explain=
=20
the content of the Orders. (Captions in Burmese) -- 23.09.01 -- Maj-Gen Aye=
=20
Kyway, Coastal Region Commander

"Report of the Field Trip Group No. 3, Tanintharyi Division, 24.4.2001 to=20
4.5.2001", Department of Labour. -- 23.09.01 -- Maj-Gen Aye Kyway, Coastal=
=20
Region Commander

Summary of cases of violation of the Orders by the military. (In Burmese)=20
-- 23.09.01 -- Maj-Gen Aye Kyway, Coastal Region Commander

Documents concerning the activities of Bridge Asia Japan (BAJ) in Maungdaw=
=20
-- 25.09.01 -- Bridge Asia Japan, Maungdaw

List of meetings to explain the content of the Orders attended by the Dawei=
=20
District Commissioner. (In Burmese) -- 25.09.01 -- Dawei District=
 Commissioner

Album containing photographs of the military constructing roads using=20
bulldozers and transporting supplies using mules. -- 26. 09.01 -- Brig-Gen=
=20
Myint Swe, Southeast Region Commander

Kayin State PDC file detailing the case of a VPDC Chairman who had been=20
dismissed from service following a number of allegations. (In Burmese) --=20
26.09.01 -- Kayin State Commissioner

Document produced by Kayin State General Administration Department,=20
detailing the present situation regarding implementation of the Orders. (In=
=20
Burmese) -- 26.09.01 -- Kayin State Commissioner

Copies of a number of legislative texts: The Penal Code; The Code of=20
Criminal Procedure; The Evidence Act; The People's Police Force Maintenance=
=20
of Discipline Law; The People's Militia Act; The Defence Services Act,=20
1959; The Defence Services Rules; The Police Act, 1945; "G" Circular No. 15=
=20
(1940). -- 28.09.01 -- Implementation Committee

Document entitled "Complaint of a non-cognizable case" -- 28.09.01 --=20
Implementation Committee

Document detailing military recruitment procedures -- 28.09.01 --=20
Implementation Committee

Copies of the files of cases where administrative measures were taken due=20
to violations of the Orders. -- 28.09.01 -- Implementation Committee

Copy from the Myanmar Gazette of the Supplementing Order  -- 28.09.01 --=20
Implementation Committee

Document entitled "List of retrenched and closed factories during the=20
period 2000 to 2001" -- 28.09.01 -- Implementation Committee

Sample of receipts signed upon payment for labour rendered on public works,=
=20
and details of labour expenditures of several State enterprises. --=20
28.09.01 -- Implementation Committee

Document detailing the dissemination campaign for the Orders in Lashio. (In=
=20
Burmese) -- 30.09.01 -- Brig-Gen Thiha Thura Tin Aung Myint Oo,=20
Northeastern Region Commander

Document with photographs detailing meetings held in Lashio district=20
(northern Shan State) concerning the Orders. (In Burmese) -- 30.09.01 --=20
Brig-Gen Thiha Thura Tin Aung Myint Oo, Northeastern Region Commander

Background information on northern Shan State. (In Burmese) -- 30.09.01 --=
=20
Brig-Gen Thiha Thura Tin Aung Myint Oo, Northeastern Region Commander

Summary of two cases of violations of the Orders by the military in the=20
Northeastern Region. (In Burmese) -- 30.09.01 -- Brig-Gen Thiha Thura Tin=20
Aung Myint Oo, Northeastern Region Commander

Photos showing the dissemination campaign for the Orders in Hsipaw township=
=20
-- 1.10.01 -- Hsipaw Township PDC Chairman

Document entitled "The true facts about Maung Maung, General Secretary of=20
the Free Trade Union of Burma (FTUB)" -- 5.10.01 -- Implementation Committee

Document giving further details of the cases involving violation of the=20
Orders. (Copies in Burmese and English) -- 6.10.01 -- General=20
Administration Department

Document detailing allegations of forced labour -- 6.10.01 -- Daw Aung San=
=20
Suu Kyi Documents providing information on the work of the Burmese Border=20
Consortium -- 7.10.01 -- Burmese Border Consortium

Documents containing recent interviews in Bangladesh with persons from=20
Rakhine State concerning forced labour -- 7.10.01 -- Forum Asia=
 representative

Email from the Shan Human Rights Foundation concerning seven villagers=20
killed following a complaint about forced labour -- 7.10.01 -- Shan Human=20
Rights Foundation

Maps of Myanmar prepared by Karen Human Rights Group -- 8.10.01 -- Karen=20
Human Rights Group

A Brief History of the National Democratic Movement of Ethnic=20
Nationalities, by Khaing Soe Naing Aung. 2000. -- 8.10.01 -- National=20
Democratic Front

Document entitled "Human rights abuses in Karenni State, Jan.-Sept. 2001"=20
-- 8.10.01 -- National Democratic Front

Originals of a large number of signed and stamped orders from military and=
=20
paramilitary units to villages, many requisitioning forced labour --=20
9.10.01 -- Persons interviewed by the HLT

Originals of a large number of signed and stamped orders from military and=
=20
paramilitary units to villages, many requisitioning forced labour --=20
10.10.01 -- persons interviewed by the HLT

Documents containing recent relevant information concerning forced labour=20
-- 12.10.01 -- Shan Human Rights Foundation

Documents containing recent relevant information concerning forced labour,=
=20
as well as other documents containing background information -- 12.10.01 --=
=20
EarthRights International

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

Appendix XI (a) Communication dated 13 October 2001 from the HLT to Senior=
=20
General Than Shwe

Excellency,

On behalf of the High-Level Team, I would like to express again our sincere=
=20
gratitude for the opportunity which you provided just a week ago to have a=
=20
frank and informative exchange of views on subjects relevant to the=20
discharge of our mandate.

As I informed you on that occasion, the HLT, after leaving Yangon, had the=
=20
opportunity to carry out further investigation through meetings and=20
interviews across the Thai Border with people who claimed to have been=20
subjected to various forms of forced labour during the period relevant to=20
our mandate.

Among the many disturbing accounts which we heard about the continued=20
existence of forced labour, there was one which appeared to be of=20
particular significance for our report and which we felt we had a duty to=20
you to bring to your attention, all the more so in light of the invitation=
=20
from Secretary 1 to report on any case of violation the Team might come=20
across.

As you can see from the attached extract, this allegation relates to what=20
happened to villagers in the Shan State who decided to complain about=20
forced labour practices by the military following the visit of Secretary 1=
=20
to the area when he publicly announced that such practices were illegal=20
under the supplementary Orders and instructions. This allegation has been=20
the subject of wide e-mail diffusion internationally through an NGO and=20
indeed reached the HLT on the last day of its programme in Yangon. It was=20
repeated almost in the same terms by a witness whom the HLT happened to=20
interview yesterday. It would of course be very useful for the Team and for=
=20
its report to have your comments on this case as soon as possible. Should=20
they however reach us after the completion of our report they could still=20
be produced separately for the Governing Body.

Subject to your comments, this case seems to provide a vivid illustration,=
=20
among many others, of the urgent need which I referred to during our=20
audience for a form of ILO presence in Myanmar, which among other possible=
=20
forms of assistance could provide a systematic mechanism for assessing on a=
=20
continuous basis and with sufficient credibility vis-=E0-vis the=20
international community, the veracity of similar allegations.

Thanking you again for the assistance and hospitality extended to the HLT=20
during its visit.

Yours sincerely,

(Signed) Sir Ninian Stephen,

Chairman, High-Level Team.

c.c.: Lieutenant General Khin Nyunt, SPDC, Yangon.

-------------------

Seven villagers killed for complaining about forced labour in Murng-nai=20
(SHRF Monthly Report, September 2001)

On 14 July 2001, seven villagers who had lodged a complaint with SPDC=20
military authorities about increasing use of forced labour by SPDC troops=20
were killed by SPDC troops from Kun-Hing-based IB246 and their bodies=20
dumped into Nam Taeng river in Kaeng Tawng area, Murng-Nai township.

On 11 July 2001, the said seven villagers went to the visiting Commander of=
=20
the SPDC Military Eastern Command, Maj. Gen. Maung Bo, from Taunggyi and=20
filed a complaint with him about the continued use of civilian forced=20
labour by SPDC troops in the area.

The villagers said to Maung Bo, "We have been told by Gen. Khin Nyunt on 25=
=20
May 2001 that starting from then the Burmese army would not use forced=20
labour of the people; would not take chicken, pigs and other things from=20
the people for free; and would not torture and kill the people any more.=20
However, after Gen. Khin Nyunt left, the use of forced labour by the local=
=20
military authorities has increased, requiring us to work for the military=20
almost all the time. We have to provide free labour for the military in=20
building military facilities, cultivating crops, sawing wood, repairing and=
=20
building roads etc., leaving virtually no time for us to cultivate our=20
subsistence crops. Many people have to start their rice cultivation late=20
into the season, which will surely result in poor yields."

Maung Bo, however, consoled the villagers that he would return and report=20
it to his superiors and let them hear good news in 7 days and changed the=20
subject to talk about other things.

A few days after Maung Bo left and while the villagers were waiting for the=
=20
expected "good news" from him, they were arrested for interrogation by a=20
patrol of 20-25 SPDC troops from Co. No. 3 of Kun-Hing-based IB246, that=20
was temporarily stationed in Kaeng Tawng under the command of Captainn Mya=
=20
Aung.

About ten days after Maung Bo had left Murng-Nai township for Taunggyi,=20
villagers from Ho Kun village, Kun Long tract, who had gone fishing found=20
the dead bodies of the said seven villagers stranded at "Taad Pha Pha"=20
waterfall, about two miles east of Ho Kun village.

The seven victims were:

1. Zaai Ti-Ya (m), aged 30, of Nam Tum Tai village, Nawng Hee tract,=20
Murng-Nai township;

2. Lung Haeng Wi (m), aged 40, of Nawng Tao village, Kun Long tract,=20
Murng-Nai township;

3. Zaai Aw Lam (m), aged 28, of Pa Saa village, Nawng Hee tract, Murng-Nai=
=20
township;

4. Zaai InTa (m), aged 24, of Nawng Ook village, Ton Hoong tract, Murng-Nai=
=20
township;

5. Zaai Ta Lam (m), aged 21, of Nawng Ook village, Ton Hoong tract,=20
Murng-Nai township;

6. Zaai Khan-Ti (m), aged 36, of Kun Hoong village, Nam-Zarng town,=20
Nam-Zarng township;

7. Zaai Saw-Ya (m), aged 31, of Kun Keng village, Nam-Zarng g town,=20
Nam-Zarng township.

---------------------------

(b) Communication dated 26 October 2001 from Lieutenant-General Khin Nyunt=
=20
to the HLT

Excellency,

I wish to refer to your letter dated 13 October 2001 addressed to our=20
Chairman Senior General Than Shwe, a copy of which was also sent to me. In=
=20
your letter, you mentioned about an incident in Shan State in July of this=
=20
year. I thank you for inviting our comments on the matter. This is the=20
first time that the case has come to my attention and I wish to assure you=
=20
that we shall be making a thorough investigation of the matter. The results=
=20
of the investigation will be informed in due course.

 From the attachment to your letter, it can be seen that the allegation had=
=20
originated from SHRF (Shan Human Rights Foundation). Allow me to take the=20
opportunity to provide you with some information about this organization.=20
Despite its high sounding title, the organization is nothing more than a=20
front for anti-government insurgents that are operating from the US. The=20
head of the SHRF is one Khun Kya Oo, a former insurgent who is now residing=
=20
in the US. It had been making all sorts of allegations against the Armed=20
Forces over the years. To cite an example, the December 2000 Report of SHRF=
=20
contained 15 allegations including 3 murder cases, 2 rape cases, 1 assault=
=20
and battery case, 1 forced labour case, 3 extortion cases and 1 case of=20
frightening a young girl. After thorough investigations, all the=20
allegations were found to be spurious and without foundation since;

(a) the accusations were against non-existent military officers;

(b) the locations mentioned could not be found as there were no such=
 villages;

(c) the incidents themselves were complete fabrications;

(d) no villagers bearing the names provided in the allegations could be=20
found in the area mentioned; and

(e) the actual events had been twisted to give a negative impression.

Therefore, I am confident you will understand that we have to verify very=20
carefully all reports emanating from SHRF. As you are aware, we have fully=
=20
cooperated with the HLT Team during its stay in Myanmar and I would like to=
=20
assure you of our cooperation in the future as well.

Before I conclude, I wish to convey to the warm regards and best wishes of=
=20
our Chairman Senior General Than Shwe to you and the other members of the=20
HLT team.

Yours sincerely,

(Signed) Lieutenant General Khin Nyunt, Secretary-1, State Peace and=20
Development Council, The Union of Myanmar.

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

Appendix XII

Structure of the Myanmar Court System

[THIS IS A CHART WITH THE SUPREME COURT AT THE TOP AND VARIOUS OTHER COURTS=
=20
BRANCHING OUT. I'M NOT EVEN GOING TO TRY. LOOK AT THE PDF VERSION.]

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

Appendix XIII

Relevant legislation and orders


(1) The Village Act, 1908 (extracts)

Section 8(1)

Every headman shall be bound to perform the following public duties, namely:

(g) to collect and furnish, upon receipt of payment for the same at such=20
rates as the Deputy Commissioner may fix, guides, messengers, porters,=20
supplies of food, carriage and means of transport for any troops or police=
=20
posted in or near or marching through the village-tract or for any servant=
=20
of the Government travelling on duty: provided that no headman shall=20
requisition for personal service any resident of such village-tract who is=
=20
not of the labouring class and accustomed to do such work as may be=
 required;

(n) generally to assist all officers of the Government in the execution of=
=20
their public duties; and

(o) generally to adopt such measures and do such acts as the exigency of=20
the village may require.


Section 11

Every person residing in the village-tract shall be bound to perform the=20
following public duties, namely:

(d) on the requisition of the headman or of a rural policeman, to assist=20
him in the execution of his duties prescribed in sections 7 and 8 of the=20
Act and the rules made under the Act.

Explanation =96 A requisition under clause (d) may be either general or=20
addressed to an individual.

Section 12 If any person residing in a village-tract refuses or neglects to=
=20
perform public duties imposed upon him by this Act or by any rule=20
thereunder, he shall, in the absence of reasonable excuse, the burden of=20
proving which shall lie upon him, be liable

(i) by order of the headman, to fine ... or

(ii) by order of the village committee, on the case being referred to it by=
=20
the headman, to fine ..., or to confinement for a term not exceeding 48=20
hours in such place as the Deputy Commissioner may appoint in this behalf,=
=20
or to both, or

(iii) on conviction by a Magistrate, to fine ..., or to imprisonment for a=
=20
term not exceeding one month, or to both.

-----------------------

(2) The Towns Act, 1907 (extracts)

Section 7( 1)

The headman of a ward shall be bound to perform the following public=20
duties, namely:


Provided that no headman shall requisition for personal service any=20
resident of such ward who is not of the labouring class and accustomed to=20
do such work as may be required; and

(m) generally to assist all officers of the Government and municipal=20
officers in the execution of their public duties.

Section 9

Persons residing in a ward shall be bound to perform the following public=20
duties, namely:


(b) on a general or individual requisition of the headman to assist him in=
=20
the execution of his public duties.

Section 9A

If any person residing in a ward refuses/ neglects to perform any of the=20
public duties imposed upon him by this Act or any rule thereunder, he=20
shall, in the absence of reasonable excuse, the burden of proving which=20
shall lie upon him, be liable, on conviction by a magistrate, to a fine =85

---------------------------

(3) Order No. 1/99

Government of the Union of Myanmar,
The Ministry of Home Affairs.
Order No. 1/99
Yangon, the 15th Waning of Kason 1361, M. E.
(14th May 1999)

Order directing not to exercise powers under certain provisions of The=20
Towns Act, 1907 and The Village Act, 1907

1. The Government of The Union of Myanmar, the Ministry of Home Affairs=20
hereby issues this Order under the directive of the Memorandum dated=20
14-5-99, Letter No. 04/ Na Ya Ka (U)/ Ma Nya of the State Peace and=20
Development Council.

2. Under Section 7 of the Towns Act, 1907, powers have been conferred on=20
the Chairmen of the Ward Peace and Development Councils to enable them to=20
execute their public duties. Among such powers, the right to requisition=20
for personal service of the residents of the ward is provided in=20
Sub-section (1)( l) and (m) of Section 7. It is provided in Section 9 that=
=20
residents of the ward shall fulfil the duty assigned under the said power=20
and it is provided in section 9A that on failing to fulfil such duty,=20
action may be taken against them.

3. Similarly, under Section 8 of the Village Act, 1907 also, powers have=20
been conferred on the Chairmen of the Village Tract Peace and Development=20
Councils to enable them to execute their public duties. Among such powers,=
=20
the right to requisition for personal service of the residents of the=20
village tract is provided in Sub-section (1)( g), (n) and (o) of section 8.=
=20
It is provided in section 11(d) that the residents of the village tract=20
shall fulfil the duty assigned under the said power and it is provided in=20
section 12 that on failing to fulfil such duty, action may be taken against=
=20
them.

4. In order to make the Towns Act, 1907 and the Village Act, 1907 conform=20
to the changing situation such as security, administrative, economic and=20
social conditions within the internal domain of the State, the Ministry of=
=20
Home Affairs has been scrutinizing and reviewing as to how the said Acts=20
should be amended, inserted and deleted, in coordination with the relevant=
=20
ministries, Government departments and organizations.

5. As such, this Order is hereby issued directing the Chairmen of the Ward=
=20
and Village Tract Peace and Development Councils and the responsible=20
persons of the Department of General Administration and the Myanmar Police=
=20
Force not to exercise powers under these provisions relating to requisition=
=20
for personal service prescribed in the above-mentioned Towns Act, 1907 and=
=20
the Village Act, 1907, until and unless any further directive is issued,=20
except for the following circumstances:

(a) requisition for personal service in work or service exacted in cases of=
=20
emergency on the occurrence of disasters such as fire, flood, storm,=20
earthquake, epidemic diseases that would endanger the existence or the=20
well-being of the population;

(b) requisition for personal service in work or service which is of=20
important direct interest for the community and general public and is of=20
present or imminent necessity, and for which it has been impossible to=20
obtain voluntary labour by offer of usual rates of wages and which will not=
=20
lay too heavy a burden upon the present population.

6. Any person who fails to abide by this Order shall have action taken=20
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=20
information and for further circulation of the copy of this Order to the=20
State, Divisional, District and Township Administrative Officers=20
Subordinate to him);

(10) Police Major General, Myanmar Police Force (Forwarded for information=
=20
and for further circulation of the copy of this Order to the relevant=20
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=
=20
and for further circulation of the copy of this Order to the Chairmen of=20
the Ward and Village Tract Peace and Development Councils Subordinate to=
 it);

(16) Managing Director, Printing and Publishing Enterprise (with a request=
=20
for publication in the Myanmar Gazette).

--------------------------------

(4) Order Supplementing Order No. 1/99

The Government of the Union of Myanmar,
The Ministry of Home Affairs,
Yangon, 1st Waxing of Tazaungmon 1362, M.E.
(27 October 2000)

Order supplementing Order No. 1/99

The Ministry of Home Affairs of the Government of the Union of Myanmar,=20
under the direction of the State Peace and Development Council, hereby=20
directs that the following amendment shall be made to Order No. 1/99 dated=
=20
14 May 1999 as requisition of forced labour is illegal and is an offence=20
under the existing laws of the Union of Myanmar.

1. Clause 5 of the said Order 1/99 shall be substituted with the following:

(a) Responsible persons including members of the local authorities, members=
=20
of the armed forces, members of the police force, and other public service=
=20
personnel shall not requisition work or service notwithstanding anything=20
contained in sections 7( 1) and 9(b) of the Towns Act, 1907, and sections=20
8(1) and 11(d) of the Village Act, 1907.

(b) The above clause (a) shall not apply to the requisition of work or=20
service when an emergency arises due to fire, flood, storm, earthquake,=20
epidemic disease, war, famine and epizootic disease that poses an imminent=
=20
danger to the general public and the community.

2. When the responsible persons have to requisition work or service for=20
purposes mentioned in clause 1(b) of this Supplementary Order the following=
=20
shall be complied:

(a) The work or service shall not lay too heavy a burden upon the present=20
population of the region.

(b) The work or service shall not entail the removal of workers from their=
=20
place of habitual residence.

(c) The work or service shall be important and of direct interest for the=20
community. It shall not be for the benefit of private individuals,=20
companies or associations.

(d) It shall be in circumstances where it is impossible to obtain labour by=
=20
the offer of usual rates of wages. In such circumstances, the people of the=
=20
area who are participating shall be paid rates of wages not less favourable=
=20
than those prevailing in the area.

(e) Schoolteachers and pupils shall be exempted from requisition of work or=
=20
service. (f) In the case of adult able-bodied men who are the main=20
supporters of the necessities of food, clothing and shelter for the family=
=20
and indispensable for social life, requisition shall not be made except=20
only in unavoidable circumstances.

(g) The work or service shall be carried out during the normal working=20
hours. The hours worked in excess of the normal working hours shall be=20
remunerated at prevailing overtime rates.

(h) In case of accident, sickness or disability arising at the place of=20
work, benefits shall be granted in accordance with the Workmen's=20
Compensation Act.

(i) The work or service shall not be used for work underground in mines. 3.=
=20
When the responsible persons have to requisition work or service for=20
purposes mentioned in clause 1(b) of this Supplementary Order, they shall=20
do so only with the permission of the Deputy Commissioner of the General=20
Administration Department who is also a member of the relevant District=20
Peace and Development Council.

4. The State or Divisional Commissioner of the General Administration=20
Department who is also a member of the relevant State or Divisional Peace=20
and Development Council shall supervise the responsible persons to abide by=
=20
the Order No. 1/99 and this Supplementary Order.

5. The phrase "Any person who fails to abide by this Order shall have=20
action taken against him under the existing law" contained in clause 6 of=20
the said Order No. 1/99 means that any person including local authorities,=
=20
members of the armed forces, members of the police force and other public=20
service personnel shall have action taken against him under section 374 of=
=20
the Penal Code or any other existing law.

(Signed) Col. Tin Hlaing,
Minister,
Ministry of Home Affairs.


Letter No. Pa-Hta-Ya /2-3 (3140)/ Oo3

Dated: 27 October 2000

Circulation:

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

(2) Office of the State Peace and Development Council (forwarded for the=20
issuance of further directives to State, Divisional, District and Township=
=20
Peace and Development Councils for supervision not to requisition forced=20
labour);

(3) Office of the Government;

(4) Supreme Court;

(5) Office of the Attorney-General;

(6) Office of the Auditor-General;

(7) Public Service Selection and Training Board;

(8) Ministry of Defence (forwarded for the issuance of further directives=20
to all units under its command for supervision not to requisition forced=20
labour);

(9) Ministry of Progress of Border Areas and National Races and Development=
=20
Affairs (forwarded for the issuance of further directives to relevant=20
departments and regional work committees stationed at border areas=20
subordinate to it for supervision not to requisition forced labour);

(10) All other Ministries;


(11) Director-General, General Administration Department;

(12) Police Major General, Myanmar Police Force

(13) Director-General, Bureau of Special Investigation;

(14) Director-General, Prisons Department

(forwarded [TO THE ABOVE 4] for the issuance of further directives to=20
departments and organizations subordinate to him for supervision not to=20
requisition forced labour)


(15) All State/ Divisional Peace and Development Councils;

(16) All District Peace and Development Councils;

(forwarded for [TO THE ABOVE 2] the issuance of further directives to=20
organizations subordinate to them for supervision not to requisition forced=
=20
labour)


(17) All Township Peace and Development Councils (forwarded for the=20
issuance of further directives to wards and village-tracts subordinate to=20
them for supervision not to requisition forced labour);

(18) Managing Director, Printing and Publishing Enterprise (for publication=
=20
in the Myanmar Gazette).

-----------------------------

(5) Additional instruction to State and Divisional Peace and Development=20
Councils

The Union of Myanmar,
The State Peace and Development Council.
Letter No. 04/Na Ya Ka (U)/ Ma Nya
Dated: 1 November 2000

To: Chairman,
All State and Divisional Peace and Development Councils

Subject: Prohibiting requisition of forced labour

1. The Ministry of Home Affairs which administers the Towns Act, 1907, and=
=20
the Village Act, 1907, issued, under the directive of the State Peace and=20
Development Council, Order No. 1/99 on 14 May 1999. The Order directs=20
responsible persons not to exercise powers under certain provisions of the=
=20
said Acts relating to requisition of forced labour and stipulates actions=20
that are to be taken against any violation. =85

2. After the issuance of Order No. 1/99, to be in conformity with the=20
changing situations, the Ministry of Home Affairs under the direction of=20
the State Peace and Development Council issued the Order Supplementing=20
Order No. 1/99 on 27 October 2000. The Supplementing Order renders the=20
requisition of forced labour illegal and stipulates that it is an offence=20
under the existing laws of the Union of Myanmar. Responsible persons,=20
including the local authorities, members of the armed forces, members of=20
the police force and other public service personnel are also prohibited not=
=20
to requisition forced labour and are instructed to supervise so that there=
=20
shall be no forced labour. =85

3. Therefore, it is hereby directed that the state and divisional peace and=
=20
development councils shall issue necessary instructions to the relevant=20
district and township peace and development councils to strictly abide by=20
the prohibitions contained in Order No. 1/99 and the Supplementing Order of=
=20
the Ministry of Home Affairs and also to effectively supervise to ensure=20
that there shall be no forced labour within their respective jurisdictions.

4. Responsible persons, including members of the local authorities, members=
=20
of the armed forces, members of the police force and other public service=20
personnel who fail to abide by the said Order No. 1/99 and the=20
Supplementing Order shall be prosecuted under section 374 of the Penal Code=
=20
or any other existing laws.

By order,

(Signed) Khin Nyunt,
Lieutenant-General,
Secretary (1),
The State Peace and Development Council.

Copies to:

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

(2) Office of the Government;

(3) Supreme Court;

(4) Office of the Attorney-General;

(5) Office of the Auditor-General;

(6) Public Services Selection and Training Board; and

(7) All Ministries. 38

******************************************
END OF DOCUMENT

Online Burma Library -- www.burmalibrary.org
Annotated and classified links to thousands of full-text documents on=20
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<html>
(Part 3 of 3) Appendices to the Report of the ILO High-level team.<br>
Divided into 3 parts for easier downloading. The version on the ILO site
is authoritative:<br><br>
Appendices to the Report of the ILO High-level team (PDF 1014K)<br>
<font color=3D"#0000FF"><u><a=
 href=3D"http://www.ilo.org/public/english/standards/relm/gb/docs/gb282/pdf/=
gb-4-ax.pdf"=
 eudora=3D"autourl">http://www.ilo.org/public/english/standards/relm/gb/docs=
/gb282/pdf/gb-4-ax.pdf<br><br>
</a></u></font>****************************************<br>
Appendix X <br><br>
List of documents submitted to the HLT (Some confidential documents
provided to the HLT are not listed here) <br><br>
Document -- Date received -- Received from <br><br>
&quot;Myanmar: a silent humanitarian crisis in the making&quot; (joint
letter from country representatives of UN agencies operating in Myanmar
to the heads of various UN agencies) -- 17.09.01 -- United Nations
Resident Coordinator a. i. <br><br>
Developments in Myanmar with respect to the implementation of ILO
Convention No. 29, Ministry of Labour, Yangon. September 2001. --
18.09.01 -- Implementation Committee <br><br>
&quot;Political Situation of Myanmar and its Role in the Region&quot;
(27th edition), Office of Strategic Studies, Ministry of Defence, Yangon.
May 2001. -- 18.09.01 -- Ministry of Defence representative <br><br>
Folder containing two documents entitled &quot;Myanmar: The reality&quot;
and &quot;Understanding Myanmar: Issues in Brief&quot; -- 18.09.01 --
Implementation Committee <br><br>
Three booklets concerning Buddhism and Myanmar culture -- 18.09.01 --
Implementation Committee <br><br>
Booklet in Burmese published by the General Administration Department of
the Ministry of Home Affairs and reproducing Order 1/99, the
Supplementing Order, and other relevant texts. -- 18.09.01 -- Ministry of
Home Affairs <br><br>
Document detailing allegations of forced labour -- 18.09.01 -- NLD
<br><br>
Document in Burmese detailing the dissemination of the Orders and
allegations of forced labour in Chin State -- 18.09.01 -- NLD <br><br>
Four booklets concerning Buddhism 19.09. 01 Ministry of Social Welfare
&quot;Feeling Good or Doing Good with Sanctions: Unilateral Economic
Sanctions and the US National Interest&quot; by Ernest H. Preeg, Center
for Strategic and International Studies, Washington, DC. 1999. --
19.09.01 -- UNDP <br><br>
Booklet entitled &quot;The Judicial System of The Union of Myanmar&quot;
Supreme Court, Yangon. September 2001 -- 19.09.01 -- Supreme Court
<br><br>
Statistics on cases before the Supreme Court -- 19.09.01 -- Supreme Court
<br><br>
Booklet entitled &quot;The role of the Office of the Attorney
General&quot; and a copy of &quot;The Attorney General Law, 2001&quot; --
19.09.01 -- Office of the Attorney General <br><br>
Document Date received Received from Summary of two complaints made to
the Myanmar National Committee for Women's Affairs concerning forced
labour -- 19.09.01 -- Myanmar National Committee for Women's Affairs
<br><br>
Three brochures providing information about the Myanmar Maternal and
Child Welfare Association -- 19.09.01 -- Myanmar Maternal and Child
Welfare Association <br><br>
Brochure entitled &quot;The Union of Myanmar&quot; -- 19.09.01 -- Myanmar
National Committee for Women's Affairs <br><br>
Letter dated 20 September 2001 from Ms. Suzanne Pun, Principal of
Stamford-City Business Institute, Yangon, to the HLT -- 20.09.01 --
International business community <br><br>
Document entitled &quot;Action taken on cases for not abiding
notification 1/99 and its supplementary order&quot;, Ministry of Home
Affairs, General Administration Department. -- 21.09.01 -- Implementation
Committee <br><br>
Instruction dated 11 November 2000 issued by the Regional Commander to
the military units under his command. (In Burmese) -- 23.09.01 -- Maj-Gen
Aye Kyway, Coastal Region Commander <br><br>
Follow-up action by the Regional Command Headquarters concerning
violations of the Supplementary Order. (In Burmese) -- 23.09.01 --
Maj-Gen Aye Kyway, Coastal Region Commander <br><br>
Action taken with regard to misappropriation of porter charges by members
of one VPDC. (In Burmese)-- 23.09.01 -- Maj-Gen Aye Kyway, Coastal Region
Commander <br><br>
Note read by Khin Maung Yee during the meeting with the Regional
Commander. (In English) -- 23.09.01 -- Maj-Gen Aye Kyway, Coastal Region
Commander <br><br>
A number of documents relating to one case of violation of the Orders.
(In Burmese) -- 23.09.01 -- Maj-Gen Aye Kyway, Coastal Region Commander
<br><br>
Album containing photographs of meetings held in Dawei district to
explain the content of the Orders. (Captions in Burmese) -- 23.09.01 --
Maj-Gen Aye Kyway, Coastal Region Commander <br><br>
&quot;Report of the Field Trip Group No. 3, Tanintharyi Division,
24.4.2001 to 4.5.2001&quot;, Department of Labour. -- 23.09.01 -- Maj-Gen
Aye Kyway, Coastal Region Commander <br><br>
Summary of cases of violation of the Orders by the military. (In Burmese)
-- 23.09.01 -- Maj-Gen Aye Kyway, Coastal Region Commander <br><br>
Documents concerning the activities of Bridge Asia Japan (BAJ) in
Maungdaw -- 25.09.01 -- Bridge Asia Japan, Maungdaw <br><br>
List of meetings to explain the content of the Orders attended by the
Dawei District Commissioner. (In Burmese) -- 25.09.01 -- Dawei District
Commissioner <br><br>
Album containing photographs of the military constructing roads using
bulldozers and transporting supplies using mules. -- 26. 09.01 --
Brig-Gen Myint Swe, Southeast Region Commander <br><br>
Kayin State PDC file detailing the case of a VPDC Chairman who had been
dismissed from service following a number of allegations. (In Burmese) --
26.09.01 -- Kayin State Commissioner <br><br>
Document produced by Kayin State General Administration Department,
detailing the present situation regarding implementation of the Orders.
(In Burmese) -- 26.09.01 -- Kayin State Commissioner <br><br>
Copies of a number of legislative texts: The Penal Code; The Code of
Criminal Procedure; The Evidence Act; The People's Police Force
Maintenance of Discipline Law; The People's Militia Act; The Defence
Services Act, 1959; The Defence Services Rules; The Police Act, 1945;
&quot;G&quot; Circular No. 15 (1940). -- 28.09.01 -- Implementation
Committee <br><br>
Document entitled &quot;Complaint of a non-cognizable case&quot; --
28.09.01 -- Implementation Committee <br><br>
Document detailing military recruitment procedures -- 28.09.01 --
Implementation Committee <br><br>
Copies of the files of cases where administrative measures were taken due
to violations of the Orders. -- 28.09.01 -- Implementation Committee
<br><br>
Copy from the Myanmar Gazette of the Supplementing Order&nbsp; --
28.09.01 -- Implementation Committee <br><br>
Document entitled &quot;List of retrenched and closed factories during
the period 2000 to 2001&quot; -- 28.09.01 -- Implementation Committee
<br><br>
Sample of receipts signed upon payment for labour rendered on public
works, and details of labour expenditures of several State enterprises.
-- 28.09.01 -- Implementation Committee <br><br>
Document detailing the dissemination campaign for the Orders in Lashio.
(In Burmese) -- 30.09.01 -- Brig-Gen Thiha Thura Tin Aung Myint Oo,
Northeastern Region Commander <br><br>
Document with photographs detailing meetings held in Lashio district
(northern Shan State) concerning the Orders. (In Burmese) -- 30.09.01 --
Brig-Gen Thiha Thura Tin Aung Myint Oo, Northeastern Region Commander
<br><br>
Background information on northern Shan State. (In Burmese) -- 30.09.01
-- Brig-Gen Thiha Thura Tin Aung Myint Oo, Northeastern Region Commander
<br><br>
Summary of two cases of violations of the Orders by the military in the
Northeastern Region. (In Burmese) -- 30.09.01 -- Brig-Gen Thiha Thura Tin
Aung Myint Oo, Northeastern Region Commander <br><br>
Photos showing the dissemination campaign for the Orders in Hsipaw
township -- 1.10.01 -- Hsipaw Township PDC Chairman <br><br>
Document entitled &quot;The true facts about Maung Maung, General
Secretary of the Free Trade Union of Burma (FTUB)&quot; -- 5.10.01 --
Implementation Committee <br><br>
Document giving further details of the cases involving violation of the
Orders. (Copies in Burmese and English) -- 6.10.01 -- General
Administration Department <br><br>
Document detailing allegations of forced labour -- 6.10.01 -- Daw Aung
San Suu Kyi Documents providing information on the work of the Burmese
Border Consortium -- 7.10.01 -- Burmese Border Consortium <br><br>
Documents containing recent interviews in Bangladesh with persons from
Rakhine State concerning forced labour -- 7.10.01 -- Forum Asia
representative <br><br>
Email from the Shan Human Rights Foundation concerning seven villagers
killed following a complaint about forced labour -- 7.10.01 -- Shan Human
Rights Foundation <br><br>
Maps of Myanmar prepared by Karen Human Rights Group -- 8.10.01 -- Karen
Human Rights Group <br><br>
A Brief History of the National Democratic Movement of Ethnic
Nationalities, by Khaing Soe Naing Aung. 2000. -- 8.10.01 -- National
Democratic Front <br><br>
Document entitled &quot;Human rights abuses in Karenni State, Jan.-Sept.
2001&quot; -- 8.10.01 -- National Democratic Front <br><br>
Originals of a large number of signed and stamped orders from military
and paramilitary units to villages, many requisitioning forced labour --
9.10.01 -- Persons interviewed by the HLT <br><br>
Originals of a large number of signed and stamped orders from military
and paramilitary units to villages, many requisitioning forced labour --
10.10.01 -- persons interviewed by the HLT <br><br>
Documents containing recent relevant information concerning forced labour
-- 12.10.01 -- Shan Human Rights Foundation <br><br>
Documents containing recent relevant information concerning forced
labour, as well as other documents containing background information --
12.10.01 -- EarthRights International <br><br>
******************************<br><br>
Appendix XI (a) Communication dated 13 October 2001 from the HLT to
Senior General Than Shwe <br><br>
Excellency, <br><br>
On behalf of the High-Level Team, I would like to express again our
sincere gratitude for the opportunity which you provided just a week ago
to have a frank and informative exchange of views on subjects relevant to
the discharge of our mandate. <br><br>
As I informed you on that occasion, the HLT, after leaving Yangon, had
the opportunity to carry out further investigation through meetings and
interviews across the Thai Border with people who claimed to have been
subjected to various forms of forced labour during the period relevant to
our mandate. <br><br>
Among the many disturbing accounts which we heard about the continued
existence of forced labour, there was one which appeared to be of
particular significance for our report and which we felt we had a duty to
you to bring to your attention, all the more so in light of the
invitation from Secretary 1 to report on any case of violation the Team
might come across. <br><br>
As you can see from the attached extract, this allegation relates to what
happened to villagers in the Shan State who decided to complain about
forced labour practices by the military following the visit of Secretary
1 to the area when he publicly announced that such practices were illegal
under the supplementary Orders and instructions. This allegation has been
the subject of wide e-mail diffusion internationally through an NGO and
indeed reached the HLT on the last day of its programme in Yangon. It was
repeated almost in the same terms by a witness whom the HLT happened to
interview yesterday. It would of course be very useful for the Team and
for its report to have your comments on this case as soon as possible.
Should they however reach us after the completion of our report they
could still be produced separately for the Governing Body. <br><br>
Subject to your comments, this case seems to provide a vivid
illustration, among many others, of the urgent need which I referred to
during our audience for a form of ILO presence in Myanmar, which among
other possible forms of assistance could provide a systematic mechanism
for assessing on a continuous basis and with sufficient credibility
vis-=E0-vis the international community, the veracity of similar
allegations. <br><br>
Thanking you again for the assistance and hospitality extended to the HLT
during its visit. <br><br>
Yours sincerely, <br><br>
(Signed) Sir Ninian Stephen, <br><br>
Chairman, High-Level Team. <br><br>
c.c.: Lieutenant General Khin Nyunt, SPDC, Yangon. <br><br>
-------------------<br><br>
Seven villagers killed for complaining about forced labour in Murng-nai
(SHRF Monthly Report, September 2001) <br><br>
On 14 July 2001, seven villagers who had lodged a complaint with SPDC
military authorities about increasing use of forced labour by SPDC troops
were killed by SPDC troops from Kun-Hing-based IB246 and their bodies
dumped into Nam Taeng river in Kaeng Tawng area, Murng-Nai township.
<br><br>
On 11 July 2001, the said seven villagers went to the visiting Commander
of the SPDC Military Eastern Command, Maj. Gen. Maung Bo, from Taunggyi
and filed a complaint with him about the continued use of civilian forced
labour by SPDC troops in the area. <br><br>
The villagers said to Maung Bo, &quot;We have been told by Gen. Khin
Nyunt on 25 May 2001 that starting from then the Burmese army would not
use forced labour of the people; would not take chicken, pigs and other
things from the people for free; and would not torture and kill the
people any more. However, after Gen. Khin Nyunt left, the use of forced
labour by the local military authorities has increased, requiring us to
work for the military almost all the time. We have to provide free labour
for the military in building military facilities, cultivating crops,
sawing wood, repairing and building roads etc., leaving virtually no time
for us to cultivate our subsistence crops. Many people have to start
their rice cultivation late into the season, which will surely result in
poor yields.&quot; <br><br>
Maung Bo, however, consoled the villagers that he would return and report
it to his superiors and let them hear good news in 7 days and changed the
subject to talk about other things. <br><br>
A few days after Maung Bo left and while the villagers were waiting for
the expected &quot;good news&quot; from him, they were arrested for
interrogation by a patrol of 20-25 SPDC troops from Co. No. 3 of
Kun-Hing-based IB246, that was temporarily stationed in Kaeng Tawng under
the command of Captainn Mya Aung. <br><br>
About ten days after Maung Bo had left Murng-Nai township for Taunggyi,
villagers from Ho Kun village, Kun Long tract, who had gone fishing found
the dead bodies of the said seven villagers stranded at &quot;Taad Pha
Pha&quot; waterfall, about two miles east of Ho Kun village. <br><br>
The seven victims were: <br><br>
1. Zaai Ti-Ya (m), aged 30, of Nam Tum Tai village, Nawng Hee tract,
Murng-Nai township; <br><br>
2. Lung Haeng Wi (m), aged 40, of Nawng Tao village, Kun Long tract,
Murng-Nai township; <br><br>
3. Zaai Aw Lam (m), aged 28, of Pa Saa village, Nawng Hee tract,
Murng-Nai township; <br><br>
4. Zaai InTa (m), aged 24, of Nawng Ook village, Ton Hoong tract,
Murng-Nai township; <br><br>
5. Zaai Ta Lam (m), aged 21, of Nawng Ook village, Ton Hoong tract,
Murng-Nai township; <br><br>
6. Zaai Khan-Ti (m), aged 36, of Kun Hoong village, Nam-Zarng town,
Nam-Zarng township; <br><br>
7. Zaai Saw-Ya (m), aged 31, of Kun Keng village, Nam-Zarng g town,
Nam-Zarng township. <br><br>
---------------------------<br><br>
(b) Communication dated 26 October 2001 from Lieutenant-General Khin
Nyunt to the HLT <br><br>
Excellency, <br><br>
I wish to refer to your letter dated 13 October 2001 addressed to our
Chairman Senior General Than Shwe, a copy of which was also sent to me.
In your letter, you mentioned about an incident in Shan State in July of
this year. I thank you for inviting our comments on the matter. This is
the first time that the case has come to my attention and I wish to
assure you that we shall be making a thorough investigation of the
matter. The results of the investigation will be informed in due course.
<br><br>
 From the attachment to your letter, it can be seen that the allegation
had originated from SHRF (Shan Human Rights Foundation). Allow me to take
the opportunity to provide you with some information about this
organization. Despite its high sounding title, the organization is
nothing more than a front for anti-government insurgents that are
operating from the US. The head of the SHRF is one Khun Kya Oo, a former
insurgent who is now residing in the US. It had been making all sorts of
allegations against the Armed Forces over the years. To cite an example,
the December 2000 Report of SHRF contained 15 allegations including 3
murder cases, 2 rape cases, 1 assault and battery case, 1 forced labour
case, 3 extortion cases and 1 case of frightening a young girl. After
thorough investigations, all the allegations were found to be spurious
and without foundation since; <br><br>
(a) the accusations were against non-existent military officers;
<br><br>
(b) the locations mentioned could not be found as there were no such
villages; <br><br>
(c) the incidents themselves were complete fabrications; <br><br>
(d) no villagers bearing the names provided in the allegations could be
found in the area mentioned; and <br><br>
(e) the actual events had been twisted to give a negative impression.
<br><br>
Therefore, I am confident you will understand that we have to verify very
carefully all reports emanating from SHRF. As you are aware, we have
fully cooperated with the HLT Team during its stay in Myanmar and I would
like to assure you of our cooperation in the future as well. <br><br>
Before I conclude, I wish to convey to the warm regards and best wishes
of our Chairman Senior General Than Shwe to you and the other members of
the HLT team. <br><br>
Yours sincerely, <br><br>
(Signed) Lieutenant General Khin Nyunt, Secretary-1, State Peace and
Development Council, The Union of Myanmar. <br><br>
*****************************************<br><br>
Appendix XII <br><br>
Structure of the Myanmar Court System <br><br>
[THIS IS A CHART WITH THE SUPREME COURT AT THE TOP AND VARIOUS OTHER
COURTS BRANCHING OUT. I'M NOT EVEN GOING TO TRY. LOOK AT THE PDF
VERSION.]<br><br>
****************************************<br><br>
Appendix XIII <br><br>
Relevant legislation and orders <br><br>
<br>
(1) The Village Act, 1908 (extracts) <br><br>
Section 8(1) <br><br>
Every headman shall be bound to perform the following public duties,
namely: <br><br>
(g) to collect and furnish, upon receipt of payment for the same at such
rates as the Deputy Commissioner may fix, guides, messengers, porters,
supplies of food, carriage and means of transport for any troops or
police posted in or near or marching through the village-tract or for any
servant of the Government travelling on duty: provided that no headman
shall requisition for personal service any resident of such village-tract
who is not of the labouring class and accustomed to do such work as may
be required; <br><br>
(n) generally to assist all officers of the Government in the execution
of their public duties; and <br><br>
(o) generally to adopt such measures and do such acts as the exigency of
the village may require. <br><br>
<br>
Section 11 <br><br>
Every person residing in the village-tract shall be bound to perform the
following public duties, namely: <br><br>
(d) on the requisition of the headman or of a rural policeman, to assist
him in the execution of his duties prescribed in sections 7 and 8 of the
Act and the rules made under the Act. <br><br>
Explanation =96 A requisition under clause (d) may be either general or
addressed to an individual. <br><br>
Section 12 If any person residing in a village-tract refuses or neglects
to perform public duties imposed upon him by this Act or by any rule
thereunder, he shall, in the absence of reasonable excuse, the burden of
proving which shall lie upon him, be liable <br><br>
(i) by order of the headman, to fine ... or <br><br>
(ii) by order of the village committee, on the case being referred to it
by the headman, to fine ..., or to confinement for a term not exceeding
48 hours in such place as the Deputy Commissioner may appoint in this
behalf, or to both, or <br><br>
(iii) on conviction by a Magistrate, to fine ..., or to imprisonment for
a term not exceeding one month, or to both. <br><br>
-----------------------<br><br>
(2) The Towns Act, 1907 (extracts) <br><br>
Section 7( 1) <br><br>
The headman of a ward shall be bound to perform the following public
duties, namely: <br>
&nbsp;<br><br>
Provided that no headman shall requisition for personal service any
resident of such ward who is not of the labouring class and accustomed to
do such work as may be required; and <br><br>
(m) generally to assist all officers of the Government and municipal
officers in the execution of their public duties. <br><br>
Section 9 <br><br>
Persons residing in a ward shall be bound to perform the following public
duties, namely: <br>
&nbsp;<br><br>
(b) on a general or individual requisition of the headman to assist him
in the execution of his public duties. <br><br>
Section 9A <br><br>
If any person residing in a ward refuses/ neglects to perform any of the
public duties imposed upon him by this Act or any rule thereunder, he
shall, in the absence of reasonable excuse, the burden of proving which
shall lie upon him, be liable, on conviction by a magistrate, to a fine =85
<br><br>
---------------------------<br><br>
(3) Order No. 1/99 <br><br>
Government of the Union of Myanmar, <br>
The Ministry of Home Affairs. <br>
Order No. 1/99 <br>
Yangon, the 15th Waning of Kason 1361, M. E. <br>
(14th May 1999) <br><br>
Order directing not to exercise powers under certain provisions of The
Towns Act, 1907 and The Village Act, 1907 <br><br>
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. <br><br>
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. <br><br>
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. <br><br>
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. <br><br>
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: <br><br>
(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; <br><br>
(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. <br><br>
6. Any person who fails to abide by this Order shall have action taken
against him under the existing law. <br><br>
(Signed) Col. Tin Hlaing; <br>
Minister, <br>
Ministry of Home Affairs. <br><br>
Circulation: <br><br>
(1) Office of the Chairman of the State Peace and Development Council;
<br><br>
(2) Office of the State Peace and Development Council; <br><br>
(3) Office of the Government; <br><br>
(4) Supreme Court; <br><br>
(5) Office of the Attorney General; <br><br>
(6) Office of the Auditor General; <br><br>
(7) Public Services Selection and Training Board; <br><br>
(8) All Ministries; <br><br>
(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); <br><br>
(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); <br><br>
(11) Director General, Department of Special Investigation; <br><br>
(12) Director General, Prisons Department; <br><br>
(13) All State and Divisional Peace and Development Councils; <br><br>
(14) All District Peace and Development Councils; <br><br>
(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); <br><br>
(16) Managing Director, Printing and Publishing Enterprise (with a
request for publication in the Myanmar Gazette). <br><br>
--------------------------------<br><br>
(4) Order Supplementing Order No. 1/99 <br><br>
The Government of the Union of Myanmar, <br>
The Ministry of Home Affairs, <br>
Yangon, 1st Waxing of Tazaungmon 1362, M.E. <br>
(27 October 2000) <br><br>
Order supplementing Order No. 1/99 <br><br>
The Ministry of Home Affairs of the Government of the Union of Myanmar,
under the direction of the State Peace and Development Council, hereby
directs that the following amendment shall be made to Order No. 1/99
dated 14 May 1999 as requisition of forced labour is illegal and is an
offence under the existing laws of the Union of Myanmar. <br><br>
1. Clause 5 of the said Order 1/99 shall be substituted with the
following: <br><br>
(a) Responsible persons including members of the local authorities,
members of the armed forces, members of the police force, and other
public service personnel shall not requisition work or service
notwithstanding anything contained in sections 7( 1) and 9(b) of the
Towns Act, 1907, and sections 8(1) and 11(d) of the Village Act, 1907.
<br><br>
(b) The above clause (a) shall not apply to the requisition of work or
service when an emergency arises due to fire, flood, storm, earthquake,
epidemic disease, war, famine and epizootic disease that poses an
imminent danger to the general public and the community. <br><br>
2. When the responsible persons have to requisition work or service for
purposes mentioned in clause 1(b) of this Supplementary Order the
following shall be complied: <br><br>
(a) The work or service shall not lay too heavy a burden upon the present
population of the region. <br><br>
(b) The work or service shall not entail the removal of workers from
their place of habitual residence. <br><br>
(c) The work or service shall be important and of direct interest for the
community. It shall not be for the benefit of private individuals,
companies or associations. <br><br>
(d) It shall be in circumstances where it is impossible to obtain labour
by the offer of usual rates of wages. In such circumstances, the people
of the area who are participating shall be paid rates of wages not less
favourable than those prevailing in the area. <br><br>
(e) Schoolteachers and pupils shall be exempted from requisition of work
or service. (f) In the case of adult able-bodied men who are the main
supporters of the necessities of food, clothing and shelter for the
family and indispensable for social life, requisition shall not be made
except only in unavoidable circumstances. <br><br>
(g) The work or service shall be carried out during the normal working
hours. The hours worked in excess of the normal working hours shall be
remunerated at prevailing overtime rates. <br><br>
(h) In case of accident, sickness or disability arising at the place of
work, benefits shall be granted in accordance with the Workmen's
Compensation Act. <br><br>
(i) The work or service shall not be used for work underground in mines.
3. When the responsible persons have to requisition work or service for
purposes mentioned in clause 1(b) of this Supplementary Order, they shall
do so only with the permission of the Deputy Commissioner of the General
Administration Department who is also a member of the relevant District
Peace and Development Council. <br><br>
4. The State or Divisional Commissioner of the General Administration
Department who is also a member of the relevant State or Divisional Peace
and Development Council shall supervise the responsible persons to abide
by the Order No. 1/99 and this Supplementary Order. <br><br>
5. The phrase &quot;Any person who fails to abide by this Order shall
have action taken against him under the existing law&quot; contained in
clause 6 of the said Order No. 1/99 means that any person including local
authorities, members of the armed forces, members of the police force and
other public service personnel shall have action taken against him under
section 374 of the Penal Code or any other existing law. <br><br>
(Signed) Col. Tin Hlaing, <br>
Minister, <br>
Ministry of Home Affairs. <br><br>
<br>
Letter No. Pa-Hta-Ya /2-3 (3140)/ Oo3 <br><br>
Dated: 27 October 2000 <br><br>
Circulation: <br><br>
(1) Office of the Chairman of the State Peace and Development Council;
<br><br>
(2) Office of the State Peace and Development Council (forwarded for the
issuance of further directives to State, Divisional, District and
Township Peace and Development Councils for supervision not to
requisition forced labour); <br><br>
(3) Office of the Government; <br><br>
(4) Supreme Court; <br><br>
(5) Office of the Attorney-General; <br><br>
(6) Office of the Auditor-General; <br><br>
(7) Public Service Selection and Training Board; <br><br>
(8) Ministry of Defence (forwarded for the issuance of further directives
to all units under its command for supervision not to requisition forced
labour); <br><br>
(9) Ministry of Progress of Border Areas and National Races and
Development Affairs (forwarded for the issuance of further directives to
relevant departments and regional work committees stationed at border
areas subordinate to it for supervision not to requisition forced
labour); <br><br>
(10) All other Ministries; <br><br>
<br>
(11) Director-General, General Administration Department; <br><br>
(12) Police Major General, Myanmar Police Force <br><br>
(13) Director-General, Bureau of Special Investigation; <br><br>
(14) Director-General, Prisons Department <br><br>
(forwarded [TO THE ABOVE 4] for the issuance of further directives to
departments and organizations subordinate to him for supervision not to
requisition forced labour) <br><br>
<br>
(15) All State/ Divisional Peace and Development Councils; <br><br>
(16) All District Peace and Development Councils; <br><br>
(forwarded for [TO THE ABOVE 2] the issuance of further directives to
organizations subordinate to them for supervision not to requisition
forced labour) <br><br>
<br>
(17) All Township Peace and Development Councils (forwarded for the
issuance of further directives to wards and village-tracts subordinate to
them for supervision not to requisition forced labour); <br><br>
(18) Managing Director, Printing and Publishing Enterprise (for
publication in the Myanmar Gazette). <br><br>
-----------------------------<br><br>
(5) Additional instruction to State and Divisional Peace and Development
Councils <br><br>
The Union of Myanmar, <br>
The State Peace and Development Council. <br>
Letter No. 04/Na Ya Ka (U)/ Ma Nya <br>
Dated: 1 November 2000 <br><br>
To: Chairman, <br>
All State and Divisional Peace and Development Councils <br><br>
Subject: Prohibiting requisition of forced labour <br><br>
1. The Ministry of Home Affairs which administers the Towns Act, 1907,
and the Village Act, 1907, issued, under the directive of the State Peace
and Development Council, Order No. 1/99 on 14 May 1999. The Order directs
responsible persons not to exercise powers under certain provisions of
the said Acts relating to requisition of forced labour and stipulates
actions that are to be taken against any violation. =85 <br><br>
2. After the issuance of Order No. 1/99, to be in conformity with the
changing situations, the Ministry of Home Affairs under the direction of
the State Peace and Development Council issued the Order Supplementing
Order No. 1/99 on 27 October 2000. The Supplementing Order renders the
requisition of forced labour illegal and stipulates that it is an offence
under the existing laws of the Union of Myanmar. Responsible persons,
including the local authorities, members of the armed forces, members of
the police force and other public service personnel are also prohibited
not to requisition forced labour and are instructed to supervise so that
there shall be no forced labour. =85 <br><br>
3. Therefore, it is hereby directed that the state and divisional peace
and development councils shall issue necessary instructions to the
relevant district and township peace and development councils to strictly
abide by the prohibitions contained in Order No. 1/99 and the
Supplementing Order of the Ministry of Home Affairs and also to
effectively supervise to ensure that there shall be no forced labour
within their respective jurisdictions. <br><br>
4. Responsible persons, including members of the local authorities,
members of the armed forces, members of the police force and other public
service personnel who fail to abide by the said Order No. 1/99 and the
Supplementing Order shall be prosecuted under section 374 of the Penal
Code or any other existing laws. <br><br>
By order, <br><br>
(Signed) Khin Nyunt, <br>
Lieutenant-General, <br>
Secretary (1), <br>
The State Peace and Development Council. <br><br>
Copies to: <br><br>
(1) Office of the Chairman of the State Peace and Development Council;
<br><br>
(2) Office of the Government; <br><br>
(3) Supreme Court; <br><br>
(4) Office of the Attorney-General; <br><br>
(5) Office of the Auditor-General; <br><br>
(6) Public Services Selection and Training Board; and <br><br>
(7) All Ministries. 38 <br><br>
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