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ILO: FORCED LABOUR IN BURMA-25
- Subject: ILO: FORCED LABOUR IN BURMA-25
- From: darnott@xxxxxxxxxxx
- Date: Mon, 07 Sep 1998 16:26:00
[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]