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ILO REPORT ON FL IN BURMA: SLICE 8



[ILO COMMISSION OF INQUIRY ON FORCED LABOUR IN BURMA, SLICE 8]
 
B.  REQUIREMENTS OF THE FORCED LABOUR 
    CONVENTION, 1930 (No. 29)
 
 
(1) Measures called for under Articles 1(1) 
    and 25 of the Convention 
 
205. The basic obligation undertaken by a State which ratifies
the Forced Labour Convention, 1930, is "to suppress the use of
forced or compulsory labour in all its forms within the
shortest possible period".(216) This obligation to suppress
the use of forced or compulsory labour, as defined in the
Convention,(217) includes for the State both an obligation to
abstain and an obligation to act. In the first place, the
State must neither exact forced or compulsory labour nor
tolerate its exaction, and it must repeal any laws and
statutory or administrative instruments that provide or allow
for the exaction of forced or compulsory labour, so that any
such exaction, be it by private persons or public servants, is
found illegal in national law. Secondly, the State must ensure
that "the illegal exaction of forced or compulsory labour
shall be punishable as a penal offence" and "that the
penalties imposed by law are really adequate and are strictly
enforced".(218)
 
(2) Definition of forced or compulsory labour and scope of
exceptions 
 
206. The Convention defines "forced or compulsory labour" as
"all work or service which is exacted from any person under
the menace of any penalty and for which the said person has
not offered himself voluntarily".(219) As noted by the
Committee of Experts on the Application of Conventions and
Recommendations,(220) it was made clear during the
consideration of the draft instrument by the Conference that
the penalty here in question need not be in the form of penal
sanctions, but might take the form also of a loss of rights or
privileges.(221) Concerning the criteria for "offering oneself
voluntarily", the Committee of Experts pointed out that with
regard to child labour, the question arises whether, and if
so, under what circumstances a minor can be considered to have
offered himself or herself "voluntarily" for work or service
and whether the consent of the parents is needed in this
regard and whether it is sufficient, and what the sanctiions
for refusal are. In this connection, the Committee also
recalled that, in regulating recourse to compulsory labour
during a transitional period following the entry into force of
the Convention (1 May 1932), the Conference specifically
excluded in Article 11 the call-up of any persons below the
age of 18.(222)
 
207. The Convention provides specifically for the exemption of
certain forms of compulsory service(223) which otherwise would
have fallen within the general definition of forced or
compulsory labour but are thus excluded from the scope of the
obligations imposed on ratifying States, subject to the
observance of certain conditions that will be considered
below.
 
 
(a) Compulsory military service
 
208. The Convention exempts from its scope "any work or
service exacted in virtue of compulsory military service laws
for work of a purely military character".(224) As the
Committee of Experts on the Application of Conventions and
Recommendations noted in its 1979 General Survey on the
abolition of forced labour,(225) the discussions which took
place when the draft Convention was under consideration by the
Conference help to explain both the purpose and scope of this
exception. There was general agreement that compulsory
military service as such should remain beyond the purview of
the Convention. Considerable discussion however took place
with regard to systems existing at the time in various
territories, whereby persons liable to military service but
not in fact incorporated in the armed forces might be called
up for public works. It was pointed out that to sanction this
form of labour implicitly by excluding it from the scope of
the Convention would be to sanction a system which ran counter
to the avowed purpose of the Convention -- namely the
abolition of forced or compulsory labour in all its forms, for
public purposes as well as for private employers. It was also
stressed that the reason and justification for compulsory
military service was the necessity for national defence, but
that no such reason or justification existed for imposing
compulsory service obligations for the execution of public
works. The Conference accordingly decided that compulsory
military service should be excluded from the Convention only
if used for work of a purely military character.(226)
 
209. The Committee of Experts also recalled that the
provisions of the 1930 Convention relating to compulsory
military service do not apply to career servicemen.
Consequently, on the one hand, the Convention is not opposed
to the performance of non-military work by persons who are
serving in the armed forces on a voluntary basis and, on the
other hand, the fact that compulsory military service is not
covered by the Convention cannot be invoked to justify denying
career servicemen the right to leave the service either at
certain reasonable intervals or by means of notice of
reasonable length.(227) Although, in such cases, employment is
originally the result of a freely concluded agreement, the
worker's right to free choice of employment remains
inalienable.(228) The Committee has accordingly considered
that the effect of statutory provisions preventing termination
of employment of indefinite duration by means of notice of
reasonable length is to turn a contractual relationship
based on the will of the parties into service by compulsion of
law, and is thus incompatible with the Conventions relating to
forced labour. This is also the case when a worker is required
to serve beyond the expiry of a contract of fixed
duration.(229)
 
(b) Normal civic obligations
 
210. The Forced Labour Convention exempts from its provisions
"any work or service which forms part of the normal civic
obligations of the citizens of a fully self-governing
country".(230) As noted by the Committee of Experts on the
Application of Conventions and Recommendations, three
exceptions specifically provided for in the Convention refer
to certain forms of work or service which constitute normal
civic obligations: compulsory military service,(231) work or
service required in cases of emergency,(232) and minor
communal services.(233) Other examples of normal civic
obligations mentioned by the Committee of Experts are
compulsory jury service and the duty to assist a person in
danger or to assist in the enforcement of law and order.
The Committee pointed out that these exceptions must be read
in the light of other provisions of the Convention and cannot
be invoked to justify recourse to forms of compulsory service
which are contrary to such other provisions.(234)
 
 
(c) Prison labour
 
211. The Convention exempts from its provisions "any work or
service exacted from any person as a consequence of a
conviction in a court of law, provided that the said work or
service is carried out under the supervision and control of a
public authority and that the said person is not hired to or
placed at the disposal of private individuals, companies or
associations".(235) Unlike the other exceptions provided for
in the Convention which are concerned with cases of calling up
persons for the purpose of performing particular work or
services, this case relates to the consequences of punishment
imposed as a result of the conduct of the individuals
concerned. However, as pointed out by the Committee of
Experts, two of the conditions laid down in regard to the
exaction of prison labour, namely that prison labour may be
imposed only as a consequence of a conviction in a court of
law and that the persons concerned should not be placed at the
disposal of private individuals, companies or associations are
important guarantees against the administration of the penal
system being diverted from its true course by coming to be
considered as a means of meeting labour requirements.(236)
 
 
(d) Emergencies
 
212. The Convention exempts from its scope "any work or
service exacted in cases of emergency, that is to say, in the
event of war or of a calamity or threatened calamity, such as
fire, flood, famine, earthquake, violent epidemic or epizootic
diseases, invasion by animal, insect or vegetable pests, and
in general any circumstance that would endanger the existence
or the well-being of the whole or part of the
population".(237) The Committee of Experts has pointed out
that the concept of emergency -- as indicated by the
enumeration of examples in the Convention -- involves a
sudden, unforeseen happening calling for instant counter-
measures.(238) To respect the limits of the exception provided
for in the Convention, the power to call up labour should be
confined to genuine cases of emergency. Moreover, the duration
and extent of compulsory service, as well as the purpose for
which it is used, should be limited to what is strictly
required by the exigencies of the situation.(239)
 
 
(e) Minor communal service
 
213. The Convention also exempts from its provisions "minor
communal services of a kind which, being performed by the
members of the community in the direct interest of the said
community, can therefore be considered as normal civic
obligations incumbent upon the members of the community,
provided that the members of the community or their direct
representatives shall have the right to be consulted in regard
to the need for such services".(240) The Committee of Experts
has drawn attention to the criteria which determine the limits
of this exception and serve to distinguish it from other forms
of compulsory services which, under the terms of the
Convention, must be abolished (such as forced labour for
general or local public works). These criteria are as follows: 
 
-     the services must be "minor services", i.e. relate
primarily to maintenance work and, in exceptional cases, to
the erection of certain buildings intended to improve the
social conditions of the population of the community itself (a
small school, a medical consultation and treatment room,
etc.); 
 
-     the services must be "communal services" performed "in
the direct interest of the community", and not relate to the
execution of works intended to benefit a wider group; 
 
-     the "members of the community" (i.e. the community which
has to perform the services) or their "direct" representatives
(e.g. the village council) must "have the right to be
consulted in regard to the need for such services".(241) 
 
 
(3) Present status of Article 1, paragraph 2, 
    and Articles 4 et seq. of the Convention
 
214. While States ratifying the Convention are obliged "to
suppress the use of forced or compulsory labour in all its
forms(242) within the shortest possible period+-",(243) the
Convention, as adopted in 1930, provides that: "With a view to
this complete suppression, recourse to forced or compulsory
labour may be had during the transitional period, for public
purposes only and as an exceptional measure, subject to the
conditions and guarantees hereinafter provided" (Article 1,
paragraph 2). There is no definition of what is meant by the
transitional period, nor how long it should last, although
under Article 1, paragraph 3, "the possibility of the
suppression of forced or compulsory labour in all its forms
without a further transitional period and the desirability of
placing this question on the agenda of the Conference" was to
be considered by the Governing Body "at the expiration of a
period of five years after the coming into force of this
Convention".(244) The essential purpose of the transitional
period was to allow, in particular a colonizing member State,
a window within which to attain complete suppression of all
forced or compulsory labour.
 
215. Article 1, paragraph 2, qualified the obligation
contained in Article 1, paragraph 1, to a limited extent so
that forced or compulsory labour could be used during the
transitional period, only as an exceptional measure for public
purposes and subject to the conditions and guarantees laid
down in the Convention.(245) These conditions and guarantees
aim at limiting the power to exact the work or service in
question to specified authorities,(246) to ensure that labour
is exacted only in cases of present or imminent necessity for
work of important direct interest to the community called upon
to perform it,(247) to safeguard the social and physical
conditions of the population,(248) and to ensure the
observance of certain minimum standards as regards hours of
work, weekly rest, remuneration, workmen's compensation,
health and welfare.(249) Special conditions are laid down with
regard to compulsory porterage and compulsory
cultivation.(250)
 
216. In the light of these conditions and guarantees, a number
of forms of forced or compulsory labour were to be suppressed
immediately, regardless of any period of transition. These
included forced or compulsory labour for the benefit of
private individuals, companies or associations,(251) forced or
compulsory labour exacted from women, from men under 18 years
or over 45 years, or from disabled persons,(252) compulsory
cultivation otherwise than as a precaution against famine or
deficiency of food supplies,(253) forced or compulsory labour
for work underground in mines,(254) and forced or compulsory
labour exacted by persons or authorities to whom under the
terms of the Convention such power should not be granted.(255)
 
217. As pointed out by the Committee of Experts on the
Application of Conventions and Recommendations in 1962, 1964
and 1968, the undertaking by ratifying States "to suppress the
use of forced or compulsory labour in all its forms within the
shortest possible period" precludes them from introducing new
forms of forced or compulsory labour within the scope of the
Convention and also from having recourse to any forms of such
labour which, while existing at the time of entry into force
of the Convention for the country concerned, had in the
meantime been abolished.(256) In 1968 the Committee also noted
that, having regard to this effect of the undertaking arising
out of ratification and also to the nature of the forms of
compulsion to be found in some existing laws, relatively few
of the countries bound by the Convention were still in a
position to avail themselves of the transitional arrangements
permitted by this instrument.
 
218. In 1997, the Committee of Experts observed that:
 
     Since the Convention, adopted in 1930, calls for the
suppression of forced labour within the shortest possible
period, to invoke at the current time (67 years after its
adoption) that certain forms of forced or compulsory labour
comply with one of the requirements of this set of provisions,
is to disregard the transitional function of these provisions
and contradict the spirit of the Convention.
 
     In the view of the Committee, use of a form of forced or
compulsory labour falling within the scope of the Convention
as defined in Article 2 may no longer be justified by invoking
observance of the provisions of Article 1, paragraph 2, and
Articles 4 to 24, although the absolute prohibitions contained
in these provisions remain binding upon the States having
ratified the Convention.(257)
 
The Commission of Inquiry shares this view, having regard also
to the status of the abolition of forced or compulsory labour
in general international law as a peremptory norm from which
no derogation is permitted.(258)
 
               
                  ******************************
 
 
                 10. BRIEF DESCRIPTION OF MYANMAR
 
 
(1)  GENERAL PRESENTATION
 
219. Myanmar is situated in South-East Asia, bordering China
to the north and north-east, Laos and Thailand to the east,
the Andaman Sea and the Bay of Bengal to the south and
Bangladesh and India to the west; it is bounded to the north,
east and west by mountain ranges which enclose the fertile
plains of the Ayeyarwady (Irrawaddy), Chindwin and Sittaung
(Sittang) river systems. The country is divided into 14
first-order administrative regions: seven States with a
majority non-Burman population, and seven Divisions with a
majority Burman population.(259) These States and Divisions
are then divided further into districts, each comprised of
several townships (administrative regions centred around a
town). Townships are subdivided into village-tracts (in rural
areas) and wards(260) (in towns). Each village-tract normally
comprises several villages, and is named after the main
village in the group.
 
220. According to a 1996-97 government estimate, the country
had a population of 45.6 million,(261) of which only 26 per
cent is classified as urban, and a total labour force of 18.8
million (4.2 million urban, 14.6 million rural). Agriculture
accounts for 63 per cent of total employment.
 
221. The Government officially recognizes 135 different
national groups. The Burmans make up about two-thirds of the
population; other major groups include the Karen, Shan, Mon,
Rakhine, Rohingya, Chin, Kachin and Karenni.(262) Accurate
population figures for these groups are not available, since
no detailed census has been attempted since 1931 and current
estimates vary considerably.(263)
 
222. The dominant religion in Myanmar is Buddhism, practised
by around 89 per cent of the population. As well as being
observed by most Burmans, Buddhism is also dominant among
several other groups (notably the Mon, Rakhine, Shan and
many Karen). Other religions include Christianity and Animism,
practised chiefly by the non-Burman groups; there is also a
sizeable population of Muslims, including the Rohingyas and
other people mostly originating from the Indian subcontinent.
 
223. The currency of Myanmar is the kyat. The official
exchange rate averaged 6.2 to the US dollar in 1997; the more
widely used free-market rate averaged 250 to the dollar in the
same period.(264)
 
 
(2)  HISTORICAL BACKGROUND
 
224. In three Anglo-Burmese wars between 1824 and 1885, the
British took control of the territory of Burma. From then
until 1948 the country was administered as part of British
India, except for a brief occupation by the Japanese during
the Second World War. In July 1947 the leader of the Burmese
independence struggle and presumptive first Prime Minister of
independent Burma, Aung San, was assassinated. The first
Constitution of Burma was adopted in September 1947. A few
months later, on 4 January 1948, Burma gained its
independence, with U Nu as its first Prime Minister.
 
225. There followed a brief period of civilian rule, but this
was plagued by communist and ethnic insurgency and
disagreements within the Government. In March 1962 the
military under General Ne Win took power in a coup. A
Revolutionary Council under the chairmanship of Ne Win was
formed, and this Council invested Ne Win with full
legislative, judicial and executive power. The Burma Socialist
Programme Party (BSPP) became the official party of the new
Government. In January 1974 a new Constitution was formally
adopted, to replace the rule-by-decree of the Revolutionary
Council.
 
226. In 1988, general discontent resulting from economic
stagnation and suppression of political freedom developed into
a nationwide mass movement. Aung San Suu Kyi, daughter of
independence leader Aung San, emerged as the leader of this
movement. In July 1988, Ne Win resigned as the chairman of the
BSPP, but the protests gathered strength. On 8 August 1988
a general strike was called across the country and in response
troops were ordered to open fire on the crowds of
demonstrators; thousands of these demonstrators were killed or
injured. The demonstrations continued, however, and on 18
September 1988 the military announced a coup, abolished all
state organs, and established the State Law and Order
Restoration Council (SLORC) to take their place.(265) The 1974
Constitution was also suspended. The demonstrations were
violently suppressed; nevertheless, the SLORC promised that
elections would be held, and political parties were allowed to
register.
 
227. Elections were held in May 1990. While more than 200
parties registered, the main contenders were the National
League for Democracy (NLD), whose General-Secretary was Aung
San Suu Kyi, and the National Unity Party (NUP) of the
military. The election was held under very restrictive
conditions. Several party leaders were detained, including
Aung San Suu Kyi, who was placed under house arrest in July
1989. Nevertheless, the NLD won an overwhelming victory, with
60 per cent of the votes cast leading to over 80 per cent of
the 485 seats in the legislature. The NUP won only ten seats.
 
228. The SLORC did not accept this result or convene the new
legislature; instead it claimed that the election had been
solely to elect representatives to a National Convention,
whose task it was to draw up a new Constitution. This National
Convention first met in January 1993. Only 15 per cent of its
members were elected representatives, however, and following a
boycott by the NLD and the party's subsequent expulsion only 3
per cent of the Convention's members had been elected in the
1990 election. The Convention has not met since March 1996,
and Myanmar still operates without a Constitution.
 
229. On 15 November 1997, the SLORC dissolved itself and
appointed a new 19-member State Peace and Development Council
(SPDC) in its place.(266) The four most senior members of the
SLORC, Senior General Than Shwe, General Maung Aye, Lieutenant
General Khin Nyunt and Lieutenant General Tin Oo, retained
their positions, and other younger military commanders,
including the heads of the military's 12 Regional Commands
(see para. 232 below), filled the remaining posts. Former
SLORC members were moved aside into an advisory body which was
subsequently dissolved.(267)
 
 
(3)  ADMINISTRATIVE STRUCTURE
 
230. When it came to power in 1988, the SLORC established
regional Law and Order Restoration Councils (LORCs) at the
state/divisional, district, township and ward/village-tract
levels. When the SLORC was replaced by the SPDC, these
regional LORCs were renamed Peace and Development Councils
(PDCs).(268) 
 
231. Since 1988, the Government of Myanmar has undertaken an
expansion and modernization of the Tatmadaw (armed forces),
which has grown in size from 186,000 in mid-1988(269) to
429,000 by mid-1997.(270) The army accounts for the majority
of these personnel, with a reported strength of some
400,000.(271)
 
232. The Myanmar army is divided into 12 Regional Commands,
which together control 145 infantry battalions (the KaLaYa,
or IBs);(272) and ten mobile Light Infantry Divisions, which
together control another 100 infantry battalions (the KaMaYa,
or LIBs).(273) There is also a small number of specialized
battalions, and a number of Military Intelligence (MI)
units.(274) 
 
233. In addition to the Tatmadaw, other government military
groups include the People's Militia and the NaSaKa, a border
security force created in 1992 and made up of the Immigration
and Manpower Department, police, Lone Htein (riot police),
Military Intelligence and customs officials; it only exists in
Buthidaung and Maungdaw townships (though the agencies of
which it is comprised are found throughout Myanmar); it is
under the army's Western Command based in Sittway
(Akyab).(275)
 
234. One armed ethnic organization, the Democratic Kayin
Buddhist Army (DKBA), allied itself with the Government
shortly after it was formed in December 1994, and operates as
government militia in its areas of influence in Kayin State.
 
235. A note on names. In June 1989 the Government changed the
name of the country from "Union of Burma" to "Union of
Myanmar". The English spellings of several other place names
were also subsequently changed.(276) The Commission uses
these revised spellings in the report, but also gives
alternative names following the official name, where this is 
necessary to avoid confusion as to the place which is being
referred to. With regard to the names used for various ethnic
groups in the country, the Commission decided to follow the
usage of the persons concerned whom it met.
 
 
(4) OPPOSITION FORCES
 
236. Since independence there have been many armed groups in
opposition to the Government, some of which have at various
times established territorial control over large areas. Since
1989, cease-fires have been concluded between the Government
and several of the remaining groups. Those which agreed to
cease-fires included the United Wa State Army (UWSA) and the
Shan State Army (SSA) in 1989, the Kachin Independence
Organization (KIO) in 1994, the New Mon State Party (NMSP)
in 1995 and the Mong Tai Army of drug warlord Khun Sa in 1996.
Groups which remain active and have yet to agree to
cease-fires include the Karen National Union (KNU), which has
been active since the 1940s, the All Burma Students'
Democratic Front (ABSDF), the Chin National Front (CNF), and
the Rohingya Solidarity Organization (RSO), which became
active more recently. In addition it was announced in January
1998 in Shan State, following an agreement reached in
September 1997, that the Shan United Revolutionary Army (SURA)
had joined forces with two groups which had concluded cease-
fires with the Government, the SSA and the Shan State National
Army (SSNA), to form a "new" Shan State Army (still known by
the acronym SSA); this new group is currently in  armed
opposition to the Government.(277)
 
                **********************************
 
________________
 
NOTES
 
216. Art. 1, para. 1, of the Convention. The full text of the
Convention is given in Appendix XIII. 
 
217. For the definition of forced or compulsory labour given
in the Convention and the exceptions from its scope see paras.
198 et seq. below. 
 
218. Art. 25 of the Convention. 
 
219. Art. 2, para. 1, of the Convention. 
 
220. ILC, 65th Session, 1979, Report III (Part 4B), General
Survey of the reports relating to the Forced Labour
Convention, 1930 (No. 29), and the Abolition of Forced Labour
Convention 1957 (No. 105), (hereafter 1979 General Survey on
the abolition of forced labour), para. 21. 
 
221. ILC, 14th Session, Geneva, 1930, "Record of Proceedings",
p. 691. 
 
222. ILC, 83rd Session, Geneva, 1996, Report III (Part 4A),
Report of the Committee of Experts on the Application of
Conventions and Recommendations (hereafter R.C.E., 1996), p.
90. 
 
223. Art. 2, para. 2, of the Convention. 
 
224. Art. 2, para. 2(a). 
 
225. 1979 General Survey on the abolition of forced labour,
para. 24. 
 
226. ILC, 14th Session, Geneva, 1930, Report I, "Forced
labour", pp. 137-140; ILC, 14th Session, Geneva, 1930,  Record
of Proceedings", Vol. I, p. 301. It may also be noted that the
Abolition of Forced Labour Convention, 1957 (No. 105),
ratified by 130 States although not by Myanmar, provides in
Art. 1(b) for the suppression and non-use of any form of
forced or compulsory labour as a means of mobilizing and using
labour for purposes of economic development. 
 
227. 1979 General Survey on the abolition of forced labour,
para. 33. 
 
228. As an illustration of this principle, the Committee of
Experts recalled that Art. 1(a) of the Supplementary
Convention of 1956 on the Abolition of Slavery, the Slave
Trade, and Institutions and Practices Similar to Slavery
refers, inter alia, to the status or condition arising from a
pledge by a debtor of his personal services if the length and
nature of those services are not respectively limited and
defined. 
 
229. 1979 General Survey on the abolition of forced labour,
para. 68.  
 
230. Art. 2, para. 2(b). 
 
231. See para. 208 above. 
 
232. See para. 212 below. 
 
233. See para. 213 below. 
 
234. 1979 General Survey on the abolition of forced labour,
para. 34. 
 
235. Art. 2, para. 2(c). 
 
236. 1979 General Survey on the abolition of forced labour,
para. 35. 
 
237. Art. 2, para. 2(e). 
 
238. 1979 General Survey on the abolition of forced labour,
para. 36. 
 
239. Ibid. The Committee noted that a similar approach has
been adopted in the International Covenant on Civil and
Political Rights, Art. 4 of which permits derogations from its
provisions in time of public emergency which threatens the
life of the nation, to the extent strictly required by the
exigencies of the situation. 
 
240. Art. 2, para. 2(e). 
 
241. 1979 General Survey on the abolition of forced labour,
para. 37. 
 
242. Other than those specifically excluded from the scope of
the Convention (see above, paras. 207 to 213). 
 
243. Art. 1, para. 1 (see above para. 205). 
 
244. The Convention came into force on 1 May 1932, but such
action was taken neither in 1937 nor subsequently. 
 
245. ILC, 52nd Session, 1968, Report III (Part IV), Report of
the Committee of Experts on the Application of Conventions and
Recommendations, Part Three: "Forced labour", General Survey
on the Reports concerning the Forced Labour Convention, 1930
(No. 29), and the Abolition of Forced Labour Convention, 1957
(No. 105); also published as an offprint: "Forced labour",
extract from the report of the 38th (1968) Session of the
Committee of Experts on the Application of Conventions and
Recommendations (hereafter 1968 General Survey on forced
labour), para. 19(b) 
and (c). 
 
246. Arts. 7 and 8. 
 
247. Arts. 9 and 10. 
 
248. Arts. 9 to 12. 
 
249. Arts. 13 to 17. 
 
250. Arts. 18 and 19. 
 
251. Arts. 4 and 6. 
 
252. Art. 11. 
 
253. Art. 19. 
 
254. Art. 21. 
 
255. Arts. 7 and 8. 
 
256. ILC, 46th Session, Geneva, 1962, Report III (Part IV),
Report of the Committee of Experts on the Application of
Conventions and Recommendations, Part Three: "Forced labour"
(hereafter: 1962 General Survey on forced labour), para. 69;
R.C.E. 1964, pp. 72, 74 and 79; 1968 General Survey on forced
labour, para. 22. 
 
257. R.C.E. 1998, p. 100. 
 
258. See paras. 198 to 204 above. 
 
259. The States are Chin, Kachin, Kayah, Kayin, Mon, Rakhine
and Shan; the Divisions are Ayeyarwady, Bago, Magway,
Mandalay, Sagaing, Tanintharyi and Yangon. Maps of Myanmar
showing these States and Divisions as well as places mentioned
in the report can be found in Appendix IX. 
 
260. Sometimes also referred to as "quarters". 
 
261. Government estimate cited in the EIU "Country Profile"
1997-98, p. 20 ff.; the most recent census was conducted in
1983, at which time the population was 35.7 million. 
 
262. The Government officially recognizes 135 different
"national races". 
 
263. For some of these estimates, see Anti-Slavery
International, doc. 153 at p. 4746. 
 
264. EIU "Country Report", 1st quarter 1998, p. 10. 
 
265. The SLORC consisted of the following members: Senior
General Than Shwe (Chairman), General Maung Aye
(Vice-Chairman), Lieutenant General Khin Nyunt (Secretary 1),
Lieutenant General Tin Oo (Secretary 2), Vice Admiral Maung
Maung Khin, Lieutenant General (Air) Tin Tun, Lieutenant
General Aung Ye Kyaw, Lieutenant General Phone Myint,
Lieutenant General Sein Aung, Lieutenant General Chit Swe,
Lieutenant General Kyaw Ba, Lieutenant General Maung Thint,
Lieutenant General Myint Aung, Lieutenant General Mya Thin,
Lieutenant General Tun Kyi, Lieutenant General Aye Thaung,
Lieutenant General Myo Nyunt, Lieutenant General Maung Hla,
Lieutenant General Kyaw Min, Major General Soe Myint and
Major General Myan Lin (composition as at 20 Dec. 1995). 
 
266. SPDC Notification No. 1/97 (15 Nov. 1997), which formed
the SPDC, gave its composition as follows: Senior General
Than Shwe (Chairman), General Maung Aye (Vice-Chairman),
Lieutenant General Khin Nyunt (Secretary 1), Lieutenant
General Tin Oo (Secretary 2), Lieutenant General Win Myint
(Secretary 3), Rear Admiral Nyunt Thein (Commander-in-Chief,
Navy), Brigadier General Kyaw Than (Commander-in-Chief, Air),
Major General Aung Htwe (Commander, Western Command), Major
General Ye Myint (Commander, Central Command), Major General
Khin Maung Than (Commander, Yangon Command), Major General
Kyaw Win (Commander, Northern Command), Major General Thein
Sein (Commander, Triangle Area Command), Major General Thura
Thiha Thura Sitt Maung (Commander, Coastal Area Command),
Brigadier General Thura Shwe Mann (Commander, Southwest
Command), Brigadier General Myint Aung (Commander, Southeast
Command), Brigadier General Maung Bo (Commander, Eastern
Command), Brigadier General Thiha Thura Tin Aung Myint
Oo (Commander, Northeast Command), Brigadier General Soe Win
(Commander, Northwest Command), Brigadier General Tin Aye
(Commander, Southern Command).  
 
267. See State Law and Order Restoration Council Notification
No. 1/97, 15 Nov. 1997, as well as State Peace and Development
Council Notification Nos. 1/97 and 3/97. These appear in the
official record at H01-5652 and H01-5655. See also EIU Country
Report, op. cit., note 264, p. 11. 
 
268. The Adaption of Expressions Law (No. 1/97), which came
into force on 15 Nov. 1997, effected a replacement of the
expression "Law and Order Restoration Council" with the
expression "Peace and Development Council" in all statutory
instruments, "as expedient". 
 
269.  "The Military Balance 1988/89", International Institute
of Strategic Studies, pp. 159-60. 
 
270.  "The Military Balance 1997/98", International Institute
of Strategic Studies, p. 158. 
 
271. ibid. 
 
272. These battalions are grouped into a number of regiments;
however, it is the battalion which is the primary combat unit,
while the regiment is a more traditional/symbolic grouping. 
 
273. Each Regional Command and Light Infantry Division has
about three Tactical Operations Commands (TOCs), each
controlling three to four infantry battalions. 
 
274.  "The Military Balance 1997/98", International Institute
of Strategic Studies, p. 158. See also Andrew Selth,
"Transforming the Tatmadaw", Australian National University
Strategic and Defence Studies Centre, 1996. 
 
275. See Human Rights Watch/Refugees International, doc. 154
at p. 5404. 
 
276. A list of the various spellings for names appearing in
this report can be found in Appendix X. While the Commission
has endeavoured to be accurate and comprehensive, it was not
in the possession of official government information in this
regard, despite a request to the Permanent Mission of Myanmar
to provide such information. Also in Appendix X can be found
information on terms, abbreviations and acronyms used in this
report. 
 
277. See EIU "Country Profile", 1997-98, op. cit., note 261,
p. 10. See also EIU "Country Report", op. cit., note 264, pp.
14-15, and Karen Human Rights Group, doc. 174 at p. 8601. 
 
[END OF SLICE 8]