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ILO/PIPELINE (r)
On the interesting statement by "Dawnstar", posted to several Burma
listserves, that
"The JULY 1998 OIT [ILO] Forced Labor in Bura (sic) document targetted
specially the pipeline companies. But nothing on it since":
A) Though the ILO Commission of Inquiry looked at the question of forced
labour
on the pipeline route, and abundant testimony on the subject from the various
parties was cited in the July 1998 report, the Commission was unable to
come to
any conclusion on the matter for the reasons given in the following
paragraphs.
The Conclusions and recommendations do not even mention the pipeline.
"452. There was evidence before the Commission in the form of
secondary statements that forced labour was used until May
1995 for ground clearance work to provide access to survey
teams for the Yadana gas pipeline project in Yebyu township,
Tanintharyi Division.(761) In a communication addressed to the
Commission TOTAL stated that it was wrong to claim that the
preparatory clearing work could have been undertaken by forced
labourers for the purpose of facilitating the access of the
project teams. During the years 1993 and 1994, clearing work
had been carried out under the supervision of TOTAL by the
Compagnie generale de geophysique (CGG).(762) In view of the
contradiction between the facts presented, and since the
Commission was denied access to Myanmar to supplement its
evidence, no finding on this matter could be made."
"505. In their supplementary evidence submitted by a letter
dated 31 October 1996, the complainants have alleged "that
people living in the vicinity of the (Yadana) gas pipeline
route are regularly forced to work (on the) construction of
the pipeline route itself, and on related infrastructure",
explaining that "Work on the pipeline route has mainly
consisted of clearing the jungle by hand. Related
infrastructure work has included construction of barracks in
the area to house SLORC battalions moved into the region to
provide security for the pipeline."(918)
"506. As regards the allegations regarding the ground clearance
work mentioned in paragraph 505, the Commission refers to its
findings concerning the facts set out in paragraph 452 above,
where it indicated that, since the Commission was denied
access to Myanmar to supplement its evidence, no finding on
this matter could be made.
"507. As regards the construction of barracks for military
battalions in the region of the pipeline, the Commission
considers that even if the battalions are in the region to
guard the pipeline, in the absence of further information
concerning the security arrangements made between the
Government and the private company or companies involved in
the pipeline project, forced labour used for the construction
of military barracks cannot prima facie be held to be imposed
for private benefit in the strict sense of Article 4 of the
present Convention."
***************
B) The function of the 21 May 1999 document was to respond to the Governing
Body's request to the ILO Director-General that he report to the members on
the
actions SPDC had taken to comply with the Commission of Inquiry's
recommendations (which do not refer to the gas pipeline):
"1. At its 274th Session (March 1999), the Governing Body decided:
(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 assistance requested or provided;
(b) to request the Director-General, in preparing the abovementioned
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:"
Internet ProLink PC User
--=====================_29970267==_.ALT
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On the interesting statement by "Dawnstar", posted to several Burma
listserves, that
"The JULY 1998 OIT [ILO] Forced Labor in Bura (sic) document targetted
specially the pipeline companies. But nothing on it since":
A) Though the ILO Commission of Inquiry looked at the question of forced
labour
on the pipeline route, and abundant testimony on the subject from the various
parties was cited in the July 1998 report, the Commission was unable to
come to
any conclusion on the matter for the reasons given in the following
paragraphs.
The Conclusions and recommendations do not even mention the pipeline.
"452. There was evidence before the Commission in the form of
secondary statements that forced labour was used until May
1995 for ground clearance work to provide access to survey
teams for the Yadana gas pipeline project in Yebyu township,
Tanintharyi Division.(761) In a communication addressed to the
Commission TOTAL stated that it was wrong to claim that the
preparatory clearing work could have been undertaken by forced
labourers for the purpose of facilitating the access of the
project teams. During the years 1993 and 1994, clearing work
had been carried out under the supervision of TOTAL by the
Compagnie generale de geophysique (CGG).(762) In view of the
contradiction between the facts presented, and since the
Commission was denied access to Myanmar to supplement its
evidence, no finding on this matter could be made."
"505. In their supplementary evidence submitted by a letter
dated 31 October 1996, the complainants have alleged "that
people living in the vicinity of the (Yadana) gas pipeline
route are regularly forced to work (on the) construction of
the pipeline route itself, and on related infrastructure",
explaining that "Work on the pipeline route has mainly
consisted of clearing the jungle by hand. Related
infrastructure work has included construction of barracks in
the area to house SLORC battalions moved into the region to
provide security for the pipeline."(918)
"506. As regards the allegations regarding the ground clearance
work mentioned in paragraph 505, the Commission refers to its
findings concerning the facts set out in paragraph 452 above,
where it indicated that, since the Commission was denied
access to Myanmar to supplement its evidence, no finding on
this matter could be made.
"507. As regards the construction of barracks for military
battalions in the region of the pipeline, the Commission
considers that even if the battalions are in the region to
guard the pipeline, in the absence of further information
concerning the security arrangements made between the
Government and the private company or companies involved in
the pipeline project, forced labour used for the construction
of military barracks cannot prima facie be held to be imposed
for private benefit in the strict sense of Article 4 of the
present Convention."
***************
B) The function of the 21 May 1999 document was to respond to the Governing
Body's request to the ILO Director-General that he report to the members on
the
actions SPDC had taken to comply with the Commission of Inquiry's
recommendations (which do not refer to the gas pipeline):
"1. At its 274th Session (March 1999), the Governing Body decided:
(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 assistance requested or provided;
(b) to request the Director-General, in preparing the abovementioned
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:"
Internet ProLink PC User
--=====================_29970267==_.ALT--