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BURMA AND THE ILO (CONTINUED)



BURMA AND THE ILO (CONTINUED)

On the 24th and 25th March 1999,  the ILO Governing Body, meeting in
Geneva, returned to the question of the non-compliance of Myanmar with ILO
Convention 29 on Forced Labour, specifically the failure of the Government
to respond adequately to, or carry out, the recommendations of the ILO
Commission of Inquiry into Forced Labour in Myanmar (Burma). 

The Governing Body had before it a progress report from the
Director-General (GB 274/5, enclosed below) which expressed dissatisfaction
that "no information had been received concerning a halt to the actual
widespread imposition of forced labour in the various forms in which it is
practised in the country, and the enforcement of penalties for its
imposition", and which pointed out that though the Commission of Inquiry
laid down a precise deadline of 1 May 1999 "at the very latest" for the
amendment of the Villages and Towns Acts, the Commission of Inquiry's other
recommendations, as stated in paragraph 540 of its report, "require action
to be taken by the Government of Myanmar without delay" .

In view of the unsatisfactory response from the Government of Myanmar, the
Governing Body asked the Director-General to prepare a report before the
21st May on measures the Government has taken to comply with the
recommendations. The report will take into account comments by the
Government of Myanmar, and information from workers' and employers'
organizations and from other reliable sources (i.e. UN bodies and
mechanisms, governments, NGOs,  etc).

The Governing Body will return to the question of Myanmar's compliance at
its 276th session under an agenda item entitled "Measures, including
recommendations under Article 33 of the ILO Constitution, to secure
compliance by the Government of Myanmar with the recommendations of the
Commission of Inquiry". In this context,  the employers' group asked the
ILO legal advisor to examine whether it is legally possible to exclude a
member of the ILO which obstinately refuses to comply with its obligations.

*************************
DOCUMENTS


INTERNATIONAL LABOUR OFFICE

GOVERNING BODY


FIFTH ITEM ON THE AGENDA

Measures taken by the Government of Myanmar to implement the
recommendations of the Commission of Inquiry established to examine the
complaint concerning its observance of the Forced Labour Convention, 1930
(No 29)


POINT FOR DECISION PROPOSED BY THE WORKERS' GROUP
as revised by the Governing Body on 25 March


THE GOVERNING BODY DECIDES --

(a)	to request the Director-General to inform the members of the Governing
Body, by means of a written report, on or before 21 May 1999, regarding
measures which the Government of Myanmar has taken to comply with the
recommendations of the Commission of Inquiry, together with details of any
technical activities (sic) requested or provided;

(b) 	to request the Director-General, in preparing the above-mentioned
report, to take into account any comments by the Government of Myanmar, as
well as information from workers' and employers' organizations and from
other reliable sources;

(c) 	and immediately thereafter:

	(i) to request the Director-General to disseminate the findings and
conclusions of the Commission of Inquiry throughout the UN system and
include in the above-mentioned report any responses received; and

	(ii) to place on the agenda of the 276th session of the Governing Body an
item entitled "Measures including recommendations under Article 33 of the
ILO Constitution, to secure compliance by the Government of Myanmar with
the recommendations of the Commission of Inquiry" 



NOTE:

ILO CONSTITUTION 

                                  Article 33
                                  Article 33

             
In the event of any Member failing to carry out within the time specified
the recommendations, if any, contained in the report of the Commission of
Inquiry, or in the decision of the International Court of Justice, as the
case may be, the Governing Body may recommend to the Conference such action
as it may deem wise and expedient to secure compliance therewith. 

as it may deem wise and expedient to secure compliance therewith. 

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

PROGRESS REPORT FROM THE ILO DIRECTOR-GENERAL  on the Measures taken by the
Government of Myanmar to implement the recommendations of the Commission of
Inquiry established to examine the complaint concerning its observance of
the Forced Labour Convention, 1930 (No. 29)

(ENGLISH)
http://www.ilo.org/public/english/20gb/docs/gb274/gb-5.htm

(FRENCH)
http://www.ilo.org/public/french/20gb/docs/gb274/gb-5.htm

(SPANISH)
http://www.ilo.org/public/spanish/20gb/docs/gb274/gb-5.htm


            INTERNATIONAL LABOUR OFFICE  

Governing Body 

GB.274/5
274th Session
                                                                               
Geneva, March 1999


FIFTH ITEM ON THE AGENDA

Measures taken by the Government of Myanmar
to implement the recommendations of the Commission
of Inquiry established to examine the complaint concerning
its observance of the Forced Labour Convention, 1930 (No. 29)

1. At its 273rd Session (November 1998) the Governing Body noted the report
of the Commission of Inquiry concerning the observance by Myanmar of the
Forced Labour Convention, 1930 (No. 29), established under article 26 of
the Constitution of the ILO. At the conclusion of its discussion it
requested the Director-General to submit a progress report to the present
session of the Governing Body on the measures taken by the Government of
Myanmar to implement the recommendations contained in the report of the
Commission of Inquiry.

2. The Director-General accordingly wrote to the Government on 25 November
1998 (Appendix I), asking it to communicate detailed information on any
measures it might have taken giving effect to the recommendations of the
Commission of Inquiry, so as to allow him to submit an interim report in
this respect to the Governing Body at its present session. He indicated
that it would be imperative that this information be received by 19
February 1999 so that it could be submitted in time. In addition, he
indicated that the Office stands ready to provide any assistance the
Government might find necessary to allow it to respond to the
recommendations made by the Commission of Inquiry in paragraphs 539 and 540
of its report.  

3. A letter was received from the Government on 4 February 1999 indicating
that consideration of the Village Act and the Towns Act was under way. A
copy of this letter is appended (Appendix II).

4. The Director-General replied to the Government's letter on 11 February
1999 (Appendix III), acknowledging receipt, but noting that it appeared
from that letter that efforts had so far been confined to a review of the
above-mentioned legislation. He informed the Government that this limited
information would make it difficult to submit a detailed report to the
Governing Body, and asked that he be informed by 19 February 1999 of all
measures the Government might have taken or was envisaging to give effect
to all the recommendations of the Commission of Inquiry. He also asked for
more detailed information on the amendments being proposed to the legislation.

5. The Government replied with a second letter dated 18 February 1999
(Appendix IV) repeating and slightly expanding on the information provided
in the first letter, and again dealing exclusively with the legislative
review under way without any details of the amendments proposed to the
above legislation.

6. No further information had been received from the Government at the time
the present document was completed that would indicate any measures taken
with a view to giving effect to the Commission's recommendations. The two
replies confirm that the Government is for the moment working exclusively
on the legislative amendments recommended by the Commission of Inquiry.
However, the recommendations of the Commission of Inquiry included the
following sentence (paragraph 539(b)):

Thus, besides amending the legislation, concrete action needs to be taken
immediately for each and every of the many fields of forced labour examined
in Chapters 12 and 13 above to stop the present practice. 

It should be noted that no information had been received concerning a halt
to the actual widespread imposition of forced labour in the various forms
in which it is practised in the country, and the enforcement of penalties
for its imposition.

7. The Governing Body will recall that the Commission of Inquiry laid down
a precise deadline of 1 May 1999 "at the very latest" for the amendment of
the legislation referred to here. As regards its other recommendations, it
stated in paragraph 540 of its report that "The recommendations made by the
Commission require action to be taken by the Government of Myanmar without
delay", and asked the Government to continue to report to the Committee of
Experts on the Application of Conventions and Recommendations on the action
taken in this respect. The Governing Body will also note that the report of
the Committee of Experts on its November-December 1998 session includes an
observation on the application of Convention No. 29 in Myanmar, reproducing
at length the conclusions and recommendations of the Commission of Inquiry;
this observation includes a footnote asking the Government to provide
detailed information to the International Labour Conference at its June
1999 session, and to report to the Committee of Experts at its
November-December 1999 session. This would in turn allow the Conference
Committee on the Application of Conventions and Recommendations to discuss
the matter during the Conference, if it should decide to do so.

8. In the light of the above, the Governing Body may wish --

(a) to request the Director-General again to contact the Government to urge
it to implement the recommendations made by the Commission of Inquiry in
paragraphs 539 and 540 of its report, and to offer the Office's assistance
in doing so;

(b) to decide to include a further discussion of this question on the
agenda of the 275th Session of the Governing Body (June 1999), at which
time information will be available from any discussion that might be
carried out in the Conference Committee on the Application of Standards.

Geneva, 22 February 1999.



Appendix I

                            Letter sent by the Director-General to the
                         Government of Myanmar on 25 November 1998

Dear Sir,

As you are aware, the Governing Body of the International Labour Office
examined at its 273rd Session (November 1998), the report of the Commission
of Inquiry set up to examine a complaint under article 26 of the ILO
Constitution alleging violation by Myanmar of the Forced Labour Convention,
1930 (No. 29). In doing so, it took note of the report itself, as well as
of your
Government's reply, dated 23 September 1998. Your Government was
represented in the discussion.

At the conclusion of its discussion the Governing Body asked me to take
certain steps with regard to your country. I would therefore appreciate
your communicating to me detailed information on any measures you might
have taken giving effect to the recommendations of the Commission of
Inquiry, so as to allow me to submit an interim report in this respect to
the Governing Body at its 274th Session (March 1999). It is imperative that
this information be received by the Office no later than 19  February 1999
so that it can be submitted in good time.

The International Labour Office stands ready to provide any assistance your
Government may find necessary to allow it to respond to the recommendations
made by the Commission of Inquiry in paragraphs 539 and 540 of its report.
Please do not hesitate to contact me in this regard.



        Yours faithfully,

        Yours faithfully,

       Michel Hansenne.

Mr. U. Tun Shwe,
Director-General,
Department of Labour,
Government of the Union of Myanmar,
Bldg. No. 53, First Floor,
Strand Road,
YANGON.

 


Appendix II

                        Letter received from the Government of Myanmar
                                     dated 4 February 1999

The Director-General,
The International Labour Office,
CH-1211, Geneva 22, Switzerland.
Fax: (22) 798 8685

Subject: Report of the Commission of Inquiry

Dear Mr. Director-General,

I wish to acknowledge receipt of your letter dated 25 November 1998 in
which you informed me that the 273rd Session of the Governing Body had
taken note of the report of the Commission of Inquiry as well as our letter
to you dated 23 September 1998.

In that letter, I have apprised you that the Myanmar authorities had
reviewed the Village Act and the Towns Act several times on our own
initiative so as to bring them in line with present-day conditions in the
country as well as to fulfil Myanmar's obligations to the relevant Convention.

I would further like to provide you with the following information on the
concrete measures taken by the Government in this regard.

Since September, in order to expedite the process, the Government has set
up a Ministerial Committee comprising of the Minister for Labour, the
Minister for Foreign Affairs, the Minister for Home Affairs, the Minister
at the Prime Minister's Office, the Attorney-General and the Chief Justice.
To assist the Committee, a Working Group comprising of the
Directors-General of the above-mentioned ministries and offices had also
been set up.

The Working Group met several times during September and October and had a
thorough review of the Village Act and the Towns Act and submitted their
recommendations to the Ministerial Committee on 2 November 1998.  

Since then, the Working Group has met a total of four times and the
Ministerial Committee met twice, in December 1998 and on 28 January 1999.

Presently, the Ministerial Committee is making the necessary arrangements
to submit its recommendations to the Cabinet and then to the Legislative
Authority.

I wish to inform you that there has now been considerable progress as
intimated to you in the letter under reference.



        Yours sincerely,



    (Signed) Sein Myint,

    (Signed) Sein Myint,

       Director-General,

       Director-General,

   Department of Labour.

cc: Myanmar Permanent Mission, Geneva.

 


Appendix III

                            Letter sent by the Director-General to the
                         Government of Myanmar on 11 February 1999

Dear Sir,

You will recall that, following the discussion in the Governing Body of the
International Labour Office at its 273rd Session (November 1998), I wrote
to you on 25 November 1998 to ask your Government to communicate detailed
information on any measures you might have taken to give effect to the
recommendation of the Commission of Inquiry set up to examine a complaint
under article 26 of the ILO Constitution alleging violation by Myanmar of
the Forced Labour Convention, 1930 (No. 29).

I acknowledge receipt of your letter of 4 February 1999, received here by
facsimile.  

In your letter, you have informed me that a Ministerial Committee and a
Working Group have been set up. It would appear from your letter that these
two bodies so far have confined their efforts to a review of the Village
Act and the Towns Act. 

The limited information you have provided will make it difficult for me to
submit a detailed report to the Governing Body. Therefore, I would be
grateful if you would inform me, as quickly as possible, and in any case
before 19 February, of all measures you might have taken or are envisaging
to give effect to all the recommendations made by the Commission of
Inquiry, and not only to those relating to the two Acts referred to in your
letter. With regard to those two Acts, I would appreciate receiving more
detailed information on the amendments being proposed.



        Yours faithfully,

        Yours faithfully,

      Michel Hansenne.

Mr. Sein Myint,
Director-General,
Department of Labour,
Government of the Union of Myanmar,
Bldg. No. 53, First Floor,
Strand Road,
YANGON.

 


Appendix IV

                        Letter received from the Government of Myanmar
                                     dated 18 February 1999

The Director-General,
The International Labour Office,
CH-1211, Geneva 22, Switzerland.
Fax: (22) 798 8685

Subject: Report of the ILO Commission of Inquiry

Reference: 
 (1) 
       The letter dated 4 February 1999 of the Director-General of the
Department of Labour.
 (2)
       The letter dated 15 February 1999 of the Director-General of the ILO.



Dear Mr. Director-General,

I wish to acknowledge the receipt of your letter of 15 February 1999.

Regarding the recommendations made by the ILO Commission of Inquiry, the
Union of Myanmar has responded in the letter by the Director-General of the
Department of Labour dated 4 February 1999.

In this letter, information was provided that as per ILO recommendations to
bring the relevant articles of the existing Village Act and the Towns Act
in line with ILO Convention No. 29 and for the Village Act and the Towns
Act to be in accord with the present conditions prevailing in the country,
a Working Group at the senior official level and a Ministerial Committee
are now actively engaged in a review process.

It is a long-standing practice in Myanmar that any law that is enacted in
the country is widely published for the information of the general public.
Once this process has been completed and when the law is promulgated, it
will accordingly be widely published to make it known to the public at large.

Myanmar is a country which always maintains the rule of law and order.
Therefore, actions are taken under the relevant provisions on any
infringement of the provisions of the laws that have been enacted. I wish
to assure you that, should there be any infringement, action will be taken
in accordance with the provisions of the law.

I am fully confident that once the measures that are being undertaken are
completed, the recommendations made by the Commission of Inquiry would be met.



        Yours sincerely,



    (Signed) Sein Myint,

    (Signed) Sein Myint,

       Director-General,

       Director-General,

   Department of Labour.


For further information, please contact the Official Relations Branch
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