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ILO: FORCED LABOUR IN BURMA-25



[ILO COMMISSION OF INQUIRY ON FORCED LABOUR IN BURMA, SLICE
25]


                           APPENDIX II


OBSERVATION OF THE MYANMAR GOVERNMENT ON THE 
INITIAL COMPLAINT AND SUPPLEMENTARY EVIDENCE MADE 
BY 25 WORKER DELEGATES TO THE 83rd SESSION
OF THE INTERNATIONAL LABOUR CONFERENCE UNDER
ARTICLE 26 OF THE ILO CONSTITUTION


PART 1. INTRODUCTION

1. A group of 25 Worker delegates to the 83rd Session of the
International Labour Conference, held in June 1996, filed a
complaint against the Government of the Union of Myanmar under
article 26 of the ILO Constitution for non-observance of the
provisions of the Forced Labour Convention, 1930 (No. 29),
reserving the right to supply additional information and
supplementary evidence in this regard.

2. The Government of the Union of Myanmar accordingly made a
prompt reply in October 1996 to the ILO Director-General on
the concrete measures taken by the Myanmar Government to
abolish recourse to forced labour as a gesture of response to
the above-mentioned complaint.

3. However, the Worker delegates once again submitted the
supplementary evidence on 31 October 1996 to the
Director-General in support of their initial complaint to be
brought to the attention of the forthcoming session of the
Governing Body to be held in March 1997.

4. Consequently, the information was transmitted to the
Myanmar Government by the Director of the International Labour
Standards Department on behalf of the Director-General of the
International Labour Office to enable the Myanmar authorities
to make necessary observations on the allegations of the
complainants.

5. The Myanmar Government, accordingly wishes to provide a
detailed reply and information relevant to the findings and
allegations of the Worker delegates.


The Government's initiatives for the emergence
of a peaceful, modern and developed nation

6. Before responding to the allegations, the Myanmar
authorities wish to point out the sincere endeavours being
made by the Government for the perpetuation of the national
integrity and sovereignty and for safeguarding the long-term
national interests.

7. Myanmar has witnessed in so short a time grisly reverses to
the political, economic and social life of the nation just
before the present government came to shoulder the
responsibility of the State in 1988. It cannot be denied that
the State Law and Order Restoration Council Government saved
the nation which was on the brink of disintegration.

8. Since then, systematic and prudent steps have been taken to
steer the nation to obviate undesirable and harmful
consequences. The Government has successfully achieved its
goal in the restoration of law and order throughout the
country.

9. It may be pointed out that it is the present Government
which opened up the country politically and economically. A
market-oriented economy has been adopted in place of a
centrally planned socialist system. And concrete steps are
being taken to implement a multi-party democracy system.
Thanks to the efforts of the Government, the market-economic
system has now started to flourish in Myanmar and consequently
it has induced increasing foreign investments.

10. Realizing the need for a new enduring state constitution
which will ensure the emergence of a truly democratic
multi-party system, the State Law and Order Restoration
Council formed a National Convention Convening Commission. A
National Convention is being held to lay down basic principles
for the drafting of a new state constitution with the
consensus of the participating delegates representing all
walks of life, different union nationalities and different
ethnic minority groups.

11. With the emergence of the new state constitution, the
political and administrative pattern will take a new shape and
form within the framework of the multi-party democracy system
in the near future. In other words, the present Government is,
in actual sense, laying down firm foundations for a new
democratic government which will govern Myanmar under the new
state constitution.

12. Infelicitously, the sincere steps taken by the Government
for the maintenance of law and order have been portrayed in
some circles as acts of repression. The development endeavours
for all-round development of the nation have also been looked
at cynically. It is to be borne in mind that it is the present
Government that has opened up the country economically and in
a large measure politically. 

13. Moreover, it is an undeniable fact that the relentless
efforts of the Government have resulted in peace and stability
that prevails throughout the length and breadth of the
country. National reconsolidation has been restored as a
result of negotiations, mutual trust and understanding among
the national brethren. These are the significant achievements
in our efforts at establishing peace and national unity which
will lead to the drafting of a new state constitution. 

14. During the tenure of the present Government, the leaders
have been taking every necessary measure to build up Myanmar
as a peaceful, modern and developed nation. To achieve that
goal, clear-cut political, economic and social objectives have
been laid down which are to be observed by all walks of life.

The four political objectives are: 

-     stability of the State, community peace and              
      tranquillity, prevalence of law and order; 

-     national reconsolidation; 

-     emergence of a new enduring state constitution; 

-     building of a new modern developed nation in accord with 
      the new state constitution. 

The four economic objectives are: 

-     development of agriculture as the base and all-round     
      development of other sectors of the economy as well; 
      proper evolution of the market-oriented economic system; 
      
-     development of the economy inviting participation in     
      terms of technical know-how and investments from sources 
      inside the country and abroad; 

-     the initiative to shape the national economy must be     
      kept in the hands of the State and the national peoples. 

The four social objectives are: 

-    uplift of the morale and morality of the entire nation; 

-    uplift of the national prestige and integrity and         
     preservation and safeguarding of cultural heritage and    
     national character; 

-    uplift of dynamism of patriotic spirit; 

-    uplift of health, fitness and education standards of the  
     entire nation. 


Building infrastructures throughout the nation

15. In order to effectively undertake the tasks of ensuring
stability of the State, prevalence of law and order as well as
peace and tranquillity of the State and forging national
reconsolidation, transportation within the country must be
smooth, speedy and secure. This will also facilitate and
expedite trading and public transport. It is indeed one of the
crucial components in the nation building endeavours.

16. To fulfil this need, railroads and motor roads are being
built throughout the country. These development works are
aimed not only at regional development but also for all-round
development of the nation. The economic and social life of the
communities can be improved only when there prevails efficient
transportation services.

17. As of today, it has linked 12 states and divisions by
means of railroads. Altogether 544.79 miles of railroads have
been built during the period of State Law and Order
Restoration Council Government. Thanks to these new railroads,
the economic, education, health and social conditions of
residential people of these areas which have lagged behind in
development for several decades are now enjoying unprecedented
improvements. These transportation and communication
links emerged through the collective efforts of the State, the
people and the members of the Myanmar armed forced
(Tatmadawmen). People living in the states and divisions are
now enjoying the fruits of these collective efforts. There is
enough evidence that these rail lines serve the interest of
the local populace. There are regions like Zeebya in Pakokku
township where travelling other than on foot is impossible
during the five-month period of rainy season which can now be
travelled by train all the year round. Likewise, most of the
sections between Kalemyo and Gangaw which remain isolated
during the rainy season because of flood and soggy mud are now
accessible by train all year round. Besides, the people can
now enjoy the advantage of spending less for travel by train
as the fare is much lower than that of bus fare. 

18. These are the vivid examples that active participation of
people is very important for a nation in the making. From
construction of roads, irrigation facilities, schools,
hospitals, market places, parks and others to building of new
towns and all spheres of construction, the working people and
members of the Myanmar armed forces have toiled with vigour
and enthusiasm not only for the benefit of a community in a
strict sense but for the benefit of the nation as a whole.


A nation has its own significant characteristics

19. Every nation has its own characteristics of special
significance and ethos. Traditions and mores of one country
may be totally different from another country. Each country
has its own historical background and different conditions.
These dissimilarities largely stem from history, geography,
climate and environment, etc. It is natural that these
characteristics play a dominant role in influencing the making
of policies and adoption of national goals to be achieved. It
is therefore necessary to have an understanding and cognition
of the background history, culture and traditions as well as
the objective conditions and the attitude of the people of the
country concerned. The case relating to Myanmar is no
exception. Indeed, the foregoing observations are especially
applicable to Myanmar.



PART II.  REFUTAL TO THE ALLEGATIONS

20. Having set forth the background and facts of the situation
prevailing in Myanmar, the authorities now wish to address the
allegations made by the Worker delegates and in doing so, the
Myanmar authorities wish to place this refutation under three
main headings: Public purposes (or) Public sector; Private
benefit (or) Private sector; and the law.

A. Public purposes (or) Public sector

(a) Portering 

-   Since regaining political independence in 1948, Myanmar    
    has seen the emergence of insurrection comprising          
    different political views ranging from Communists to       
    other different ethnic minority groups. 

-   Since then, successive Myanmar governments have had to     
    deal with these insurgent groups. At one time, there were  
    16 such armed groups waging terror against the civilian    
    population as well as the Central Government.              
    Fortunately, atpresent, 15 of 16 such armed groups have    
    returned to the legal fold and are taking part in the      
    economic and social development of the country as a whole  
    as well as in their respective regions. 
     
-   Therefore, it is true that under certain circumstances     
    the Myanmar armed forces had to employ porters for
    transportation of supplies and equipment over difficult    
    terrain in remote places and mountains near the frontier   
    areas where military campaigns against the armed groups    
    were launched. However, it is not true that the porters    
    employed were treated harshly and inhumanely by the        
    Myanmar armed forces. 
     
-   It should be emphasized here that the recruitment of       
    these porters were based on certain criteria among which   
    were: 

     (a) that they must be unemployed casual labour;
     
     (b) that they must be physically fit to work as porters;
     
     (c) that reasonable amount of wages must be fixed and     
     agreed to before recruiting. 

-    Also, it must be emphasized here that these porters were  
     never required to accompany the troops in actual scene of 
     the battle or neither are they exposed to danger. 

-    In the unfortunate even of loss of limb unconnected with  
     any armed conflict, they or their family are equitably
     compensated in accordance with the prevailing law. 
     
-    The authorities wish to point out that there was no       
     recruitment of women, children and elderly people as      
     porters at any time. 

-    The Myanmar armed forces (Tatmadawmen) emerged on the     
     basis of nationalism and patriotism and it is composed of
     the sons of the union nationals. It is a truly national   
     army governed by the Defence Services Act of 1959 and is
     administered under a strict Military Code of Conduct.     
     Accordingly, these servicemen are highly disciplined and  
     do not resort to onerous or oppressive actions against    
     the people. 

-   Any isolated aberration is met with severe punishment      
    meted out by a Military Court. As mentioned in the         
    foregoing, the use of porters has significantly            
    diminished as a result of less military operations         
    against the armed groups. 

-   With regard to the allegations of the use of porters, the  
    Myanmar authorities have already refuted the allegations   
    made by ICFTU in November 1993 based on article no. 24 of  
    the ILO Constitution. 

-   Although there have been criticisms made by the Worker     
    delegates in connection with military porterage and        
    forced labour practices in Myanmar, there are also some    
    views and remarks made by some personages in these         
    regards. The excerpts from the press conference given by   
    US Presidential Envoys Ambassador Mr. William Brown and    
    Senior Official of the National Security Council of the    
    White House Mr. Stanley Roth on 15 June 1996 at the        
    Foreign Correspondents' Club of Thailand is appended (see  
    Annex I). 


(b) Construction of development and infrastructure projects
    by the Government 

-   Among the development of infrastructure projects           
    undertaken by the SLORC Government are Aungban-Loikaw
    Railroad construction, Ye-Dawei Railroad, Pathein          
    Airstrip Extension, construction of dams and embankments,  
    etc. In all these above projects, there was no forced      
    labour involved. 
     
-   For the construction of the projects and other projects    
    not mentioned above, the use of labour was purely          
    voluntary, and it was remunerated equitably. No coercion   
    whatsoever was involved in recruiting them. Recruitment    
    of this labour was done according to the local             
    recruitment procedures of employment exchanges             
    established by the Department of Labour. There are         
    altogether 78 township level Labour Offices all over the   
    country operating under the Employment and Training Act    
    and Employment Restriction Act. 
     
-   With a view to substantiating the above facts, field       
    surveys were sent to the respective areas to verify that   
    the recruitment of labour was done in accordance with the  
    procedure. Detailed statements and photographs of some     
    local people interviewed are annexed (see Annexes          
    Iia-IIg). 
     
-   The Government of the Union of Myanmar has taken concrete  
    action regarding the use of civilian labour in           
    infrastructure building and development projects. A        
    further and unprecedented step has been taken in using     
    members of the armed forces (Tatmadawmen) in these         
    projects. There will be no more recruitment and            
    deployment of local populace in any development projects.  
    Tatmadawmen are now taking part in these works to serve    
    for the interests and general well-being of the people in  
    addition to the primary responsibility of defending the    
    country. One concrete example is the recent participation  
    of Tatmadawmen in the railroads construction and other     
    public works in the Mandalay, Magway and Tanintharyi       
    divisions. Photographs of Tatmadawmen at the respective    
    worksides are annexed (see Annex III). 

-   It may be pointed out here that some prisoners who were    
    convicted of criminal offences such as murder, rape, etc.
    (common criminals) are sometimes employed in road          
    construction. 


(c) Hotel industries in Myanmar 

-    With a view to promoting the tourist industry the         
     Government has invited foreign investors to build hotels  
     in Myanmar. In response to this invitation investors      
     from Singapore, Thailand, Malaysia, Japan and Hong Kong,  
     etc., have come to Myanmar putting 100 per cent           
     investment in the construction of hotels in Yangon,       
     Mandalay, Bagan, etc. The system adopted is known as BOT  
    (Build, Operate and Transfer). 
     
-    These foreign companies which own 100 per cent investment 
     have their own contractors who in turn appoint local
     subcontractors. It is these local subcontractors who      
     recruit local workers who are skilled, semi-skilled or    
     unskilled labourers. The competition or demand for local  
     workers can be said to be very keen. In other words       
     inducement in the form of high salary or wages is offered 
     by the foreign companies. As such, the question of forced 
     labour does not arise. In addition to that local labour   
     law and procedures see to it that equitable wages and     
     proper conditions of work are observed by the companies.  
     In most cases these subcontractors go through the labour  
     exchanges run by the Department of Labour. 

-    Although it is the Ministry of Hotel and Tourism which is 
     responsible for the promotion of building hotels in       
     Myanmar, the Ministry plays no part in the employment of  
     the construction workers.    

-    With regard to the allegation that forced labour was used 
     in the construction of "barracks", it may be stated that
     accommodations for border policing units in Rakhine State 
     were constructed by private building contractors          
     employing voluntary paid labour (see Annexes IVa-IVb). 


B. Private benefit (or) Private sector

Construction of Yadanar natural gas pipeline 

-   It has been alleged that forced labour is being used for   
    the construction of projects for the development of oil    
    and gas reserves. In particular the Yadanar Gas Pipeline   
    Project has been pointed out as one of these projects.     
    This project is a joint venture between the United States  
    Oil Company (UNOCAL), a French Oil Company (TOTAL) and     
    the Myanmar Oil and Gas Enterprises (MOGE). The            
    allegation that forced labour is being used is totally     
    unfounded. 
     
-   Mr. Roger Beach, Chairman and Chief Executive Officer      
    (CEO) of UNOCAL said in an interview conducted by
    CNN's Patricia Chew that the allegations are "absolutely   
    not true". He went on to say that "We have absolutely no
    forced labour on this project in Myanmar" and that "there  
    have not been any villages moved since the inception of    
    the project in 1992" and that he was very proud to be a    
    part of UNOCAL and UNOCAL a part of this project. 

-   Mr. Beach went on to say that it has provided school       
    buildings, health clinics, renovation of hospitals;        
    implemented agricultural and prawn projects, shrimp farms  
    and others to improve the economic life of the region      
    concerned. He said that the project has established        
    communication committees representing the Kayin, Mon and   
    Bama in the villages and that these committees provide     
    facilities for people who wish to work on the project.     
    The full text of this interview is appended (see Annex     
    V). 
     
-   In addition to the above, Mr. John Imle, President of      
    UNOCAL said in an interview by Casey White of CNN on 15
    January 1997 that among others as far as he knew there     
    was no violation of human rights or abuses with regard to  
    the implementation of the Yadanar Natural Gas Pipeline     
    Project. 
     
-   In response to the interviewer's questions that this       
    project would benefit only the SLORC Government, Mr. Imle  
    replied that government revenue from the project will      
    only become positive in the year 2000, 2001, 2002 or       
    2003. He added that the company has monitored very         
    carefully the conduct of our own contractors and the       
    government in that area. And the allegations of human      
    rights abuses with regard to our project are absolutely    
    unfounded. We monitored that very very carefully. A copy   
    of the manuscript of the interview is appended (see Annex  
    VI). 
     
-   Moreover, the Myanmar authorities conducted field          
    observations to some of those areas described in the       
    supplementary evidence. Statements of some workers at the  
    Ye-Dawei railroad construction sites and some employees    
    of the Yadanar Natural Gas Pipeline Project are also       
    appended (see Annexes VIIa-VIIf). 


C. The law 

-   Myanmar authorities wish to report on the action taken by  
    them relating to the Towns Act of 1907 and Village Act of
    1908. 
     
-   With a view to bringing in line with the current positive  
    changes in the country, the authorities concerned have     
    taken action on the entire national legislation of         
    Myanmar which encompasses a total of more than 900 laws.   
    These laws have been reviewed and redrafted. Among these   
    old laws are the said Towns Act and Village Act which      
    were enacted when Myanmar was under colonial rule. 

-   It goes without saying that these new laws would be in     
    consonance with the new executive, legislative and         
    judicial systems which will be brought about under a new   
    state constitution. 
     
-   The National Convention whose task is to lay down basic    
    principles to be enshrined in the new state constitution   
    has already adopted 104 basic principles. Among these      
    principles is the principle that "The State shall enact    
    necessary laws to protect the rights of the workers". 
 
-   The authorities are keenly aware of the critcisms made by  
    some delegates at the Conference over the powers           
    available under Towns and Village Acts. Therefore, in the  
    redrafted version which is being prepared the clauses      
    which attracted so much of the delegates attention have    
    been deleted. 


PART III.  CONCLUSION

21. The Myanmar authorities wish to reiterate that they are
aware of the critcisms made by some Worker delegates    
relating to the use of labour in Myanmar for national    
development projects. In fairness, they wish to point out that
a considerable portion of the criticisms relating to Myanmar
are unfortunately based on biased and specious allegations
made by expatriates living outside Myanmar. These expatriates
are people who wish to denigrate the Myanmar authorities for
their own ends. The Myanmar authorities had made an effort to
answer, in all sincerity, the questions addresssed to them. A  
sincere, frank and respectful submission has been made in this
observation to be placed before the members of the Governing
Body. The Myanmar authorities sincerely hope that the members
of the Governing Body, including the signatories to the letter
addressed to the Director-General of the ILO will, in their
wisdom, understand and accept the explanations or refutations
made in this observation.

22. The Myanmar authorities earnestly hope that a decision
will be made by the members of the Governing Body that there
is no need to form a commission of inquiry relating to
Myanmar. On their part, the Myanmar authorities give their
pledge to continue and further their cooperation to uphold the
letter and spirit of the ILO Constitution with the invaluable
assistance of the International Labour Office.

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


                           Appendix III


RULES FOR THE HEARING OF WITNESSES

1. The Commission will hear witnesses proposed by the parties,
subject to its right to decline to hear any witness. Where it
adopts this course it will state its reasons for so doing. The
Commission may call such other witnesses as it considers
appropriate.

2. The Commission shall hear all witnesses in closed session.
However, it may decide otherwise at the joint request of the
parties. All information and evidence presented to the
Commission in closed session shall be treated as confidential
by all persons who are permitted by the Commission to be
present during such session.

3. The Government of Myanmar and the complainants will be
requested to designate a representative to act on their behalf
before the Commission. These representatives shall be present
throughout the hearings and shall be responsible for the
presentation of their witnesses. The representatives of the
parties shall notify the Commission 48 hours in advance of the
language in which the evidence will be given, in order that
interpretation may, if needed, be arranged by the Commission.

4. A witness may not be present except when giving evidence.

5. The Commission reserves the right to consult the
representatives in the course of, or upon the completion of,
the hearings in respect of any matter on which it considers
their cooperation to be necessary. 

6. The opportunity for the parties and the witnesses to give
evidence and to make statements is provided to enable the
Commission to obtain factual information on the case before
it. The Commission shall give them all reasonable latitude to
furnish such information, but it will not accept any
information or statements which are not relevant to the issues
referred to it.

7. The Commission, upon application by a witness or his/her
representative, reserves the right to permit a witness to give
evidence or make a statement to the Commission without the
need to disclose name, address or information which could
identify the witness. Such identifying information of a
witness must, however, be provided to the Commission which
will treat such information as confidential.

8. In order to carry out its functions effectively, the
Commission requires and the Government of Myanmar will assure
that it will not obstruct the attendance and giving of
evidence of witnesses, and that no sanction or prejudice to
witnesses or their families will occur as a consequence of
their appearing or giving evidence.

9. The Commission will request each witness to make the
following initial declaration:

"I solemnly declare upon my honour and conscience that I will
speak the truth, the whole truth and nothing but the truth."

10. Subject to Rule 6, each witness will be given an
opportunity to make a statement before being questioned. If a
witness reads a statement, six copies of the text shall be
supplied to the Commission.

11. (a) All questioning of witnesses will be subject to
control by the Commission.

     (b) The Commission or any member of the Commission may
put question to witnesses at any stage.

     (c) Subject to clause (a) above, the representatives
present at the hearings may put to the witnesses questions
which are relevant to the terms of reference of the
Commission. The order in which questions are to be put will be
determined by the Commission.

12. The Commission reserves the right to recall witnesses.

[END OF SLICE 25]