ILO REPORT ON FL IN bURMA: SLICE 13

[darnott@xxxxxxxxxxx]

[ILO COMMISSION OF INQUIRY ON FORCED LABOUR IN BURMA, SLICE
13]
 
(b) Oral testimony
 
365. The evidence obtained by the Commission concerning
military camps refers to camps located in Chin, Kayah, Kayin,
Mon, Rakhine and Shan Sates as well as in Tanintharyi
Division. More than two-thirds of the witnesses met(493)
claimed to have been obliged to construct, renovate or provide
services to military camps or to have seen others performing
these tasks. The Commission questioned persons who had
directly witnessed the performance of this work, workers who
had been forced to take part in these tasks, section or
village heads and former soldiers of the Tatmadaw; all these
testimonies corroborate each other and illustrate the
characteristics and extent of the labour required by the
authorities for this purpose. Moreover, most of the
testimonies cover a recent period from 1993 to early 1998.
 
366. The evidence shows that civilians may be forced to work
on the construction, renovation or servicing of camps for the
various public authorities in Myanmar,(494) for instance the
Tatmadaw, the police, the customs authorities as well as the
NaSaKa and the Democratic Kayin Buddhist Army (DKBA) in areas
where these operate. Requisitions by these various groups are
in no way coordinated and may thus overlap each other, which
means that the burden of labour for camps is in direct
proportion to the number of such camps in the vicinity of a
given village. For example, several witnesses claimed to have
been obliged to service at least three camps.
 
367. The military usually recruit labour by using the services
of village heads to whom they pass on an order specifying the
work to be carried out and the time allowed to find the
required number of workers;(495) the village heads have no
choice but to comply with the prescribed conditions on pain of
fines, if not of physical punishment.(496) In the event that
an order is not carried out to the satisfaction of the
military, they may intervene directly and forcibly seize the
workers that they need.(497)
 
368. As a rule, one person per family is requisitioned to work
on military camps.(498) Men, women and children as young as
seven claimed to have been obliged to go to a camp at one time
or another to carry out the tasks imposed by the
authorities.(499) Children who would otherwise be at school
were sometimes sent by their parents to do this work.(500)
 
369. Villagers would be forced to take part in the
construction, renovation and servicing of military camps. Camp
construction very often involves confiscation of land by the
military.(501) The construction work proper consists of
clearing and levelling the ground and in the erection of
buildings; workers are also obliged to provide, without
compensation, the necessary materials, such as wood, bamboo,
plaster and cement.(502) The workers must also attend to the
fortification of the camps by digging trenches(503) or
installing bamboo spikes,(504) and other defensive traps.(505)
 
370. There are also many types of renovation and servicing
work. The workers may be told to renovate buildings and
rebuild fences.(506)  They may also have to provide their own
carts to transport equipment or rations,(507) supply the camp
with wood, bamboo(508) and water(509) or provide certain
services such as cleaning,(510) cooking,(511) acting as
messengers(512) or weeding.(513)
 
371. The length of time that has to be spent at the camps
depends on the nature of the work. It would appear from the
evidence that assignments concerning camp construction go on
for a longer period, whereas those involving servicing are
shorter but have to be carried out more frequently according
to a rota established among the families of an assigned
village or group.
 
372. As for the general conditions under which these tasks are
performed, the workers are not fed,(514) and sometimes even
have to bring food to the military.(515) The workers are
neither paid(516) nor compensated for the materials that they
have had to provide.(517) Some have been subjected to
ill-treatment resulting in serious injuries(518) and most are
constantly exposed to insults and violence.(519) Abuses of a
sexual nature would also appear to have been perpetrated in
some cases by the military.(520)
 
373. The witnesses indicated that it was possible to be
exempted from such work in as much as if a certain sum of
money was paid to the authorities requiring such work,(521) or
a substitute provided.(522) In one case the entire village
preferred to pay 26,000 kyat to hire four replacements to
carry out the servicing work required by the military in a
nearby camp.(523)
 
 
(3) Other work in support of the military
 
(a) Documentary material
 
374. Nature and conditions of work. In addition to portering
and work on military camps, there are other tasks which are
required to be performed for the benefit of the military or
other authorities. For example, villagers were forced to act
as guides for the military in areas which were unfamiliar to
the soldiers. This was particularly the case in areas which
the military had recently occupied. Since these areas were
conflict areas, villagers taken to act as guides also had to
serve as hostages for the military: if the column was
attacked, the guide would be punished or killed for supposedly 
leading the column into an ambush. In some cases the whole
village could face retaliation in the event of an attack on
the column, supposedly for providing information to opposition
groups about the movements of the column.
 
375. Civilians, including women and children, were also used
as human shields and minesweepers. While this often occurred
in the context of portering, as discussed in paragraphs 300
and 319 above, civilians were also used for this work in
contexts other than portering. In potential conflict areas
civilians, including women and children, were often forced to
sweep roads with tree branches or brooms to detect or detonate
mines. It was suggested by certain sources that this was
because the military hoped that if insurgents knew this, they
would be less likely to plant mines.(524) If villagers did
find mines, the village would often face retaliation.(525)
 
376. Villagers were also forced to act as sentries,
particularly at night and in conflict areas, guarding military
camps, roads, railways and other important places. They were
unarmed, and had to alert soldiers if they saw anyone. If so
alerted, the soldiers would often beat the person for
supposedly making a false alarm, or failing to detain the
suspect; if the site they were guarding was attacked or if
mines were laid, those people who were guarding it, or the
entire village, could face retaliation. If sentries were
caught sleeping during their duty, they were punished, usually
by being beaten.(526) Villagers would often also be required
to build fences along the sides of certain roads to make it
more difficult for opposition groups to lay mines or conduct
ambushes.(527)
 
377. Owners of bullock carts, boats, motor vehicles or other
means of transport were also regularly required to place their
services at the disposal of the military. They were used for
transporting personnel, equipment and supplies for the camp,
transporting forced labourers to work sites, and in relation
to income-generation projects by the military.(528)
 
378. Specific examples. Documentary material provided to the
Commission gave information of other kinds of work for the
military, particularly minesweeping and sentry duty. There is
information in this regard from Chin, Kayah, Kayin, Mon and
Shan States and Bago, Sagaing and Tanintharyi Divisions.
Reference should also be made to the section on portering(529)
for more details of minesweeping and other work required in
the context of portering.
 
379. The use of civilians as minesweepers, particularly to
"sweep" roads for mines using some heavy object, appeared to
be common in potential conflict areas, including Kayin
State,(530) those parts of Bago Division near to the border
with Kayin State,(531) and Mon State.(532) The use of
civilians as guides, human shields or hostages also occurred
in these areas, particularly in parts recently occupied by the
military from opposition groups.(533) The information covered
a period from 1992 to 1997.
 
380. Sentry duty was also common in many parts of Myanmar,
often along newly-constructed roads and railways. There was
information in this regard from the eastern part of the
country in Shan State,(534) Kayah State,(535) Kayin
State,(536) Mon State(537) and Tanintharyi Division,(538) and
from the western part in Sagaing Division(539) and Chin
State.(540) The information covered a period from 1994 to
1997.
 
381. The requisitioning of vehicles for military use was
common in most of the country, and demands for vehicles often
accompanied demands for porters or workers at army camps. The
Commission received specific information in this regard from
Kayin State,(541) Bago Division,(542) and Sagaing
Division.(543) The information covered a period from 1994 to
1996.
 
 
(b) Oral testimony
 
382. Twenty-two witnesses(544) from Chin, Kayah, Kayin, Mon,
Rakhine and Shan States as well as Bago and Tanintharyi
Divisions provided information on the additional tasks which
had to be carried out for the benefit of the military and
other public forces. The relevant evidence covers the period
from 1986 to early 1998, though most of it refers to events
that occurred between 1996 and 1998.
 
383. Persons from all parts of the country have claimed that
they or others had to stand guard along roads(545) or
railways,(546) at the entrance to villages(547) or in the
vicinity of military camps, which they had often previously
had to construct.(548) Others had to stand watch at specific
places so as to be able to inform the military of suspicious
movements from the direction of the sea or the neighbouring
border.(549)
 
384. The military generally use the services of village heads
to transmit the order specifying the nature of the sentry duty
to be performed.(550) As a rule, one person per family is
sent,(551) irrespective of whether they are men, women or
children.(552)
 
385. The persons on sentry duty work in groups(553) during a
period which may range from one to seven days.(554) They must
remain permanently at their look-out posts, spend the night
there and divide up the guard so as to have a sentry on duty
night and day. Falling asleep may be punished by physical
punishment,(555) or even reprisals against the entire
village.(556)
 
386. Sentry duty sometimes involves building fences along the
roadside or sweeping the roads, morning and evening, to check
that no mines have been laid.(557) This mine-detection is
effected by using a stick or a log attached to a cart and may
also be demanded in the vicinity of villages and military
camps.(558) This is dangerous work; witnesses claimed to have
seen people injured or even killed by exploding mines.(559)
 
387. Persons performing guard duty are neither paid(560) nor
fed(561) and are regularly subjected to insults.(562) It is,
however, possible to avoid performing this work by paying the
military who require it(563) or by sending a substitute.(564)
 
388. Finally, other witnesses claimed that they had to keep
carts, tractors, rickshaws, canoes and boats on stand-by to
meet the transport needs of the military.(565)
 
 
(4) Forced recruitment
 
(a) Documentary material
 
389. Information provided to the Commission indicated that
there was regular forced recruitment throughout Myanmar,
including of minors, into the Tatmadaw and various militia
groups. It appeared that this did not occur pursuant to any
compulsory military service laws,(566) but was essentially
arbitrary.(567)
 
390. In cases where a certain number of recruits was demanded,
it was common for the village or ward authorities to hold a
"lottery" to choose those who had to undertake military
service. Those chosen were then forcibly conscripted and
commonly included minors.(568) Less direct methods of coercion
were also used: in many areas, families of soldiers were
exempt from forced labour, arbitrary taxation or forced
relocation.(569)
 
391. Information was received regarding forced conscription
into the Tatmadaw in various parts of the country. In
Tanintharyi Division the Coastal Area Command reportedly
required each battalion to obtain 5 recruits per month in 1996
and 3 recruits per month in 1997, with a fine of 25,000 kyat
for each recruit less than the quota, and a reward of the same
amount for each recruit in excess of the quota. Because of
this, many men and teenage boys in the region were recruited
against their will, and many others fled to avoid
conscription.(570) In a document provided to the Commission, a
22-year-old Karen man from Ayeyarwady Division described how
government soldiers came to his village at least once a year
and demanded 10 recruits for the army. The only way for a
household to ensure that it would not be forced to provide a
recruit was to pay 200 kyat.(571) There was similar
information in regard to other parts of the country, including
Bago Division, Kayah State, Kayin State, Rakhine State,
Sagaing Division and Shan State.(572)
 
392. The Commission also received information relating to
forced conscription into various militia groups. A number of
orders from the authorities requiring villages to provide
recruits for both full-time and reserve service in the
People's Militia in Chin State were received by the 
Commission.(573) These orders were dated 1995 and 1996. One of
the orders threatened that "decisive action" would be taken
against villages failing to provide the required number of
recruits. From the text of one of the orders it appeared that
villages were also required to pay for the cost of food for
the recruits during their military training.(574) In 1996 and
1997, 30 villages in Dawei (Tavoy) and Thayetchaung townships
were also required to provide recruits to the People's
Militia, and were threatened with relocation if they failed to
do so.(575) Villages in Hlaingbwe and Myawady townships in
Kayin State were forced by the DKBA since at least 1995 to
provide DKBA recruits, under threat of fines or death.(576)
 
(b) Oral testimony
 
393. Eight witnesses who deserted the Tatmadaw between the
early 1980s and 1996 gave testimony before the Commission.
(577) None of them gave specific evidence on the way they were
recruited, save for one who specified that when joining the
army he had to sign for at least ten years.(578) If found,
deserters are usually put in jail or, if they deserted with
arms, executed.(579) The Commission is not in possession of
oral evidence which would confirm the documentary material
submitted to it with regard to the conditions of recruitment
into the Tatmadaw and various militia groups.
 
______________________
 
NOTES
 
493. The witnesses questioned by the Commission come from
different ethnic groups: Burman (3); Chin (4); Karen (36),
Karenni (17); Mon (8); Muslim other than Rohingya (6); Rakhine
(8); Rohingya (44); Shan (17); and Tavoyan (1). The
testimonies cover, in particular, in Chin State, Thantlang and
Paletwa townships; in Mon State, Bilin and Thanbyuzayat
townships; in Kayah State, Demawso, Loikaw, Mawchi, Shadaw and
Ywathit townships; in Kayin State, the following townships:
Hlaingbwe (particularly in the Painkyone and Bee T'Ka areas),
Kawkareik (particularly the area around Nabu village-tract),
Kya In Seik Gyi, Hpa-an and Papun; in Shan State, the
following townships: Laikha, Langkho (particularly the area
around Wan Hat village tract), Lashio, Mongpan, Namhsam,
Namtu, Taunggyi; and in Yebyu township in Tanintharyi
Division. 
 
494. The reference to military camps is thus not limited to
those of the Tatmadaw, but embraces all work carried out for
the camps of these different public forces. 
 
495. See statements of Witnesses 29, 30, 31, 38, 46-48, 58,
62, 71, 81, 89, 98, 113, 138, 139, 155, 166, 162, 163, 173,
175, 176, 181-186, 202, 208 and 220. 
 
496. See statements of Witnesses 113 and 155. 
 
497. See statements of Witnesses 89, 160, 175 and 185. Witness
32 stated, for his part, that the military always commandeered
him directly because his home was near their camp. 
 
498. See statements of Witnesses 29, 58, 61, 91, 89, 98, 141,
157, 163, 168, 174, 175, 181 and 202. Witness 155 claimed that
the military might require more than one person per family if
the need arose. 
 
499. See statements of Witnesses 13, 58, 89, 107, 100, 113,
144, 155, 165, 181, 185, 196, 204, 220-225 and 227. 
 
500. See statements of Witnesses 144, 182, 183 and 185. 
 
501. See statements of Witnesses 78, 155 and 165. 
 
502. Several witnesses provided details on this subject: see
statements of Witnesses 7, 9, 50, 51, 61, 71, 76-78, 82, 91,
132, 151, 160, 168, 170, 171, 174, 185, 190-193, 196, 198-202
and 205. 
 
503. See statements of Witnesses 142, 143 and 180. 
 
504. See statements of Witnesses 138, 139, 171 and 181. 
 
505. See statements of Witnesses 168, 175, 180 and 195. 
 
506. See statements of Witnesses 7, 62, 98, 100, 113, 116,
141, 142, 144, 166, 168, 174-176, 180, 181, 190, 195 and 196. 
 
507. See statements of Witnesses 137, 204 and 208. 
 
508. See statements of Witnesses 66, 92, 100, 107, 108, 114,
117, 118, 137, 144, 155, 157, 166, 168, 171, 175, 187, 190,
194 and 180. 
 
509. See statements of Witnesses 7, 44, 56, 66, 99, 126, 142,
143, 155 and 181-183. 
 
510. See statements of Witnesses 20, 51, 56, 92, 125, 126, and
145-148. 
 
511. See statements of Witnesses 81, 124, 155, 165 and 185. 
 
512. See statements of Witnesses 180 and 176. The latter
stated that, in this context, he had to keep the military
informed of the movements of other troops. 
 
513. See statements of Witnesses 144 and 175. 
 
514. See statements of Witnesses 48, 58, 81, 91, 116, 117,
119, 138, 139, 168, 173, 175 and 181. Witness 32 was the only
person encountered who claimed to have received a little rice
or yellow-pea curry from time to time. 
 
515. See statement of Witness 162. 
 
516. See statements of Witnesses 16, 48, 58, 81, 100, 102,
108, 116, 117, 162, 173, 175, 181 and 190. Witness 38 claimed
to have received 10 kyat on a few occasions. 
 
517. See statements of Witnesses 113, 160, 162, 171, 173, 174,
190, 198 and 201. 
 
518. Several witnesses claimed to have been beaten: 13, 29,
37, 32, 48, 73, 85, 107, 108, 126, 127, 157, 165, 175, 181
and 201. 
 
519. See statements of Witnesses 113, 126, 145-148, 181, 208,
220-225 and 227. 
 
520. See statements of Witnesses 32, 56, 185, 200 and 201. 
 
521. The amounts varied considerably: see statements of
Witnesses 30 (1,000 kyat); 91 (25 kyat); 168 (100 kyat per day
and one chicken); 181; 185 (1,000 kyat per month); 196 (200
kyat and one chicken); 212 (500 kyat) and 220 (500 kyat per
project). 
 
522. The cost of hiring substitutes can also vary: see
statements of Witnesses 38 ( 200 kyat); 60 (200 kyat twice or
three times per month); 81; 89 (100 kyat in 1991); 145 (300
kyat); 173 (100 kyat); and 174. 
 
523. See statement of Witness 201. 
 
524. Karen Human Rights Group, 001-1462. 
 
525. Amnesty International, 088-3588; Karen Human Rights
Group, 001-1462. 
 
526. Karen Human Rights Group, 001-0027, 032-2423; Mon
Information Service, M56-7419; Lin, VII/39. 
 
527. See, for example, Karen Human Rights Group, 001-0549 to
0550, 001-0618. 
 
528. Karen Human Rights Group, 032-2423; Heppner, XII/58-59. 
 
529. See paras. 230-333 above. 
 
530. The areas mentioned were Papun district and Dooplaya
district. See Karen Human Rights Group, 001-0189, 001-0319,
001-0449, 154-5196; Images Asia, 125-4038. 
 
531. The areas mentioned were located in Toungoo district. See
Images Asia, 001-0216; Karen Human Rights Group, 001-0399. 
 
532. The incidents referred to occurred in Thaton district.
Karen Human Rights Group, 001-0312. 
 
533. Karen Human Rights Group, 001-0304, 001-0312, 001-0318,
001-0449, 031-2409; Amnesty International, 093-3751; Images
Asia, 125-4038. 
 
534. S.H.A.N/Shan Human Rights Foundation, 001-0170. 
 
535. Use of the population in Mawchi relocation camp was
mentioned. See Karen Human Rights Group, 154-5095. 
 
536. The areas mentioned were Papun and Dooplaya districts and
Hpa-an, Kawkareik and Hlaingbwe townships. See Karen Human
Rights Group, 001-0189, 001-0376, 001-0586, 001-0619,
031-2401, 031-2403; Images Asia, 125-4038. 
 
537. Karen Human Rights Group, 031-2405, referring to events
in Bilin township. 
 
538. The specific area mentioned was Yebyu township. See Karen
Human Rights Group, 018-2167. 
 
539. Villagers in Kalaymyo township were forced to guard a
newly-constructed section of the Gangaw to Kalaymyo railway,
particularly during visits of important officials. See Karen
Human Rights Group, 001-0563. 
 
540. The area mentioned was Thantlang township. Karen Human
Rights Group, 154-5138. 
 
541. Hpa-an township. Karen Human Rights Group, 001-0376. 
 
542. Toungoo district. Karen Human Rights Group, 001-0182,
001-0453, 073-3357. 
 
543. Tamu township. Karen Human Rights Group, 001-0376. 
 
544. The witnesses in question came from the following groups:
Burman (3); Chin (1); Karenni (1); Karen (18); Mon (3); Muslim
other than Rohingya (1); Rakhine (1); Rohingya (9); and Shan
(2). 
 
545. See statements of Witnesses 5, 19, 159, 161, 166, 169,
174, 177 and 236. 
 
546. See statements of Witnesses 136, 220-225, 227 and 229. 
 
547. See statements of Witnesses 182-185 and 198. 
 
548. See statement of Witness 200. 
 
549. See statements of Witnesses 19, 46 and 80. 
 
550. See statements of Witnesses 163, 166, 169 and 173. 
 
551. See statements of Witnesses 161, 163, 168 and 185. 
 
552. See statements of Witnesses 160, 169 and 174. 
 
553. Groups may vary from two to ten persons: see statements
of Witnesses 159, 161, 172 and 177. 
 
554. See statements of Witnesses 160, 161, 166, 169, 171 and
174-176. 
 
555. See statement of Witness 25 who was beaten because he
fell asleep during a roadside watch. 
 
556. Witness 168 said that nine villages comprising 940
households had to pay 500 kyat per household for damage caused
to military vehicles. 
 
557. See statements of Witnesses 153, 160, 161, 163, 168, 169,
174 and 177. 
 
558. See, in particular, the statement of Witness 216. 
 
559. See statements of Witnesses 153 (one worker and two
soldiers injured); 168 (worker had his leg blown off); and 174
(whose aunt was killed in a mine blast). 
 
560. See statements of Witnesses 161, 171 and 175. 
 
561. See statements of Witnesses 161 and 175. 
 
562. See, in particular, the statement of Witness 236. 
 
563. Witness 169 claimed to have paid the military 70 kyat per
day so as to be exempted from guard duties. 
 
564. The costs of substitutes vary: see statements of
Witnesses 169 (30-50 kyat per day); 172 (30 kyat per day) and
185 (100 kyat). 
 
565. See statements of Witnesses 15, 99 and 185. Witness 237
stated that the military had commandeered his boat several
times per month without paying him. Deprived of income from
paying passengers, he was quite simply no longer able to pay
the rent and maintenance costs demanded by the owner. 
 
566. There does, however, appear to be provision made for
compulsory military service in Myanmar legislation (see paras.
255 to 257 above). 
 
567. Karen Human Rights Group, 001-1463 to 1464; M56-7418 to
7419; Liddell, V/14-16; Lin, VII/23, 34-36. 
 
568. Karen Human Right Group, 001-1463, Human Rights
Watch/Asia, H07-5807 to 5808; Images Asia, 127-4174 to
4176; Liddell, V/14-16. 
 
569. Karen Human Rights Group, 001-0190, 001-0603, 001-1463;
Human Rights Watch/Asia, H07-5808. 
 
570. Mon Information Service, M56-7418. 
 
571. FTUB, 164-8080. 
 
572. Karen Human Rights Group, 001-0310; Images Asia, 127-4174
to 4176, M36-7019; Human Rights Watch/Asia, H07-5807; Liddell,
V/15-16; Lin, VII/35. 
 
573. See orders 9 and 10 in Appendix XI. 
 
574. See order 10 in Appendix XI. 
 
575. Mon Information Service, M56-7418 to 7419. 
 
576. Karen Human Rights Group, 001-0908, 031-2416 to 2417. 
 
577. See statements of Witnesses 5, 75, 93-95, 170, 215 and
216. 
 
578. See statement of Witness 93. 
 
579. ibid. 
 
[END OF SLICE 13]