INTERNATIONAL LABOUR ORGANIZATION 1

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INTERNATIONAL LABOUR ORGANIZATION
1998 PRESS RELEASES 

Report of ILO Commission of Inquiry reveals widespread and systematic 
use of forced labour in Myanmar (Burma)

Thursday 20 August 1998
( ILO/98/32 ) 

GENEVA (ILO News) - The obligation to suppress the use of forced or 
compulsory labour is violated in Myanmar in national law as well as in 
actual practice in a widespread and systematic manner, with total 
disregard for the human dignity, safety and health and basic needs of 
the people, according to a report * issued by a Commission of Inquiry 
appointed under the Constitution of the International Labour 
Organization.

The Commission says that the impunity with which Government officials, 
in particular the military, treat the civilian population as an 
unlimited pool of unpaid forced labourers and servants at their disposal 
is part of a political system built on the use of force and intimidation 
to deny the people of Myanmar democracy and the rule of law.

Any person who violates the prohibition of recourse to forced labour in 
international law bears an individual criminal responsibility, the 
Commission says. 

These are among the findings included in the report, published today, of 
the Commission of Inquiry appointed in March 1997 under article 26 of 
the ILO Constitution. The Commission received a mandate to examine the 
observance by Myanmar of the Forced Labour Convention, 1930 (No. 29), 
following a complaint lodged by 25 Worker delegates to the 83rd Session 
of the International Labour Conference in June 1996. The Commission, 
appointed by the Governing Body, was composed of the Right Honourable 
Sir William Douglas, PC, KCMG, former Chief Justice of Barbados, 
Chairperson of the Commission, Mr. Prafullachandra Natvarlal Bhagwati, 
former Chief Justice of India and Ms. Robyn A. Layton, QC (Australia), 
Barrister-at-law.

In the course of its inquiry, the Commission received over 6,000 pages 
of documents and heard testimony given by representatives of a number of 
non-governmental organizations and by some 250 eye witnesses with recent 
experience of forced labour practices, during hearings in Geneva and in 
the course of the Commission's visit to the region. Summaries of the 
testimony given by these witnesses, including women and children who had 
fled from forced labour, are appended to the Commission's report.

The Government of Myanmar, which had been invited to take part in the 
proceedings, abstained from attending the hearings and did not authorize 
a visit by the Commission of Inquiry to Myanmar, arguing that "such a 
visit would not contribute much towards resolving the case" and "would 
interfere in the internal affairs of [the] country".

The Myanmar authorities stated in response to the initial complaint and 
supplementary evidence that they were "aware of the criticisms made by 
some Worker delegates" related to use of labour in Myanmar and stated 
that a "considerable portion of the criticisms relating to Myanmar are 
unfortunately based on biased and specious allegations made by 
expatriates living outside Myanmar... who wish to denigrate the Myanmar 
authorities for their own ends." 

As was noted by the Commission of Inquiry, its report "reveals a saga of 
untold misery and suffering, oppression and exploitation of large 
sections of the population inhabiting Myanmar by the Government, 
military and other public officers. It is a story of gross denial of 
human rights to which the people of Myanmar have been subjected 
particularly since 1988 and from which they find no escape except 
fleeing from the country."

In its conclusions on the substance of the case, the Commission stated 
"there is abundant evidence before the Commission showing the pervasive 
used of forced labour imposed on the civilian population throughout 
Myanmar by the authorities and the military for portering, the 
construction, maintenance and servicing of military camps, other work in 
support of the military, work on agriculture, logging and other 
production projects undertaken by the authorities or the military, 
sometimes for the profit of private individuals, the construction and 
maintenance of roads, railways and bridges, other infrastructure work 
and a range of other tasks."

The Commission also stated that "In actual practice, the manifold 
exactions of forced labour often give rise to the extortion of money in 
exchange for a temporary alleviation of the burden, but also to threats 
to the life and security and extrajudicial punishment of those 
unwilling, slow or unable to comply with a demand for forced labour; 
such punishment or reprisals range from money demands to physical abuse, 
beatings, torture, rape and murder."

Forced labour in Myanmar is widely performed by women, children and 
elderly persons, the Commission's conclusions stated, as well as persons 
otherwise unfit for work, and is "almost never remunerated nor 
compensated."

"Porters, including women, are often sent ahead in particularly 
dangerous situations as in suspected minefields, and many are killed or 
injured this way," the Commission stated. "Porters are rarely given 
medical treatment of any kind...and some sick or injured are left behind 
in the jungle."

"Similarly, on road building projects, injuries are in most cases not 
treated, and deaths from sickness and work accidents are frequent on 
some projects," the Commission stated. "Forced labourers, including 
those sick or injured, are frequently beaten or otherwise physically 
abused by soldiers, resulting in serious injuries; some are killed, and 
women performing compulsory labour are raped or otherwise sexually 
abused by soldiers."

In view of the Government's flagrant and persistent failure to comply 
with the Forced Labour Convention, the Commission of Inquiry urges the 
Government to take the necessary steps to ensure: 
     (a) that the legislation be brought into line with the Convention 
without further delay, at the very latest by 1 May 1999;
     (b) that in actual practice no more forced or compulsory labour be 
imposed by the authorities, in particular the military; and,
     (c) that the penalties which may be imposed for the exaction of 
forced labour be strictly
enforced, with thorough investigation, prosecution and adequate 
punishment of those found guilty.

Under Article 29 of the ILO Constitution, the Government of Myanmar 
shall inform the
Director-General of the ILO whether or not it accepts the 
recommendations contained in the report of the Commission. At its 273rd 
Session (November 1998), the Governing Body of the ILO should have 
before it the reply of the Government.

                                   * * * * *

* Forced Labour in Myanmar (Burma). Report of the Commission of Inquiry 
appointed under article 26 of the Constitution of the International 
Labour Organization to examine the observance by Myanmar of the Forced 
Labour Convention, 1930 (No. 29). Geneva, 1998. 
          


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