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20/3/00:LETTER TO JUAN SOMAVIA, DG



POSTED WED 22 MAR 2000; 6:00AM

Dear Friends:

Enclosed is letter to Mr Juan Somavia, Director-General of ILO regarding
with forced labor in Burma. As we all are aware that the ILO Governing
body will meet on 27 March and it is urgent to write/fax to urge ILO
Director-General and Governing Body to support UN Security Council
action on Burma. Further actions by ILO to seek intervention by the
International Court of Justice regarding Burma are also quite timely.

Provided are two facsimile numbers: one number is through ILO Central
Office (appear to open 24 hours), another one goes directly to
Director-General's Office (usually shut down for after hours). Please
try both numbers if you are sending letter to DG -- one of the number
certainly has to work at any one time.

ENCLOSED WITH THIS POSTING ARE:

1. Letter to Director-General of ILO (20/3/2000)
2. Comment on ILO Resolution on Burma (25/6/99)
3. The text of ILO Resolution on Burma.
-------------------------

LETTER TO THE DIRECTOR-GENERAL OF ILO
*************************************

Dr U Ne Oo 
18 Shannon Place 
Adelaide SA 5000 
Australia 

March 20, 2000. 

[ Juan Somavia ] 
Director-General 
The International Labor Office 
CH-1211 Geneva 22, Switzerland 
Facsimile:(41-22)799-8533 (DG's Office) 
Facsimile:(41-22)798-8685 (ILO Central Office) 

Dear Director-General: 

                    re: Situation of Forced Labor in Burma

I am a Burmese national currently residing in Adelaide, Australia. I
firstly thank the International Labor Organisation for conducting
inquiry on the practice of forced labor in Burma and publishing  that
report on July 1998. I also thank the Governing Body of ILO for
initiating the resolution on Burma that has been endorsed by ILO
Conference last June. 
  
Enclosed are documents concerning with human rights and political
situation in Burma:[1] Transitional Phase and Prospect for Change in
Burma, January 1998 and [2] a communication on 31 January 2000. I have
also enclosed two statements issued by the Committee Representing the
People's Parliament in Burma. We, the Burmese exiles, are very concerned
because, as noted in recent report by US Department of Labor, the
practice of forced labour in Burma continues despite condemnations made
by ILO and international community. 
  
The forced labor has been the most discussed issue at the UN Human
Rights forums over the years. I believe the best way to improve
situation of forced labor is the United Nations to send in-country human
rights monitors to Burma. I therefore ask the ILO Governing body request
the United Nations Security Council to send the human rights monitors to
Burma at this session of Commission on Human Rights meeting. 
  
I also like to draw attention of the Director-General and Governing Body
of ILO regarding with the status of SPDC/SLORC. In July 1998, the ILO
Commission of Inquiry recommended, "[1] Myanmar must bring the Village
Act, 1907, and Towns Act, 1907, in line with forced labor Convention,
namely, Convention No. 29 of 1930. Certain provisions of this law are
also to be put in line with the Convention;". The SPDC/SLORC in response
had put forward a decree on 14 May 1999 to amend the Village and Towns
Acts, of which ILO Governing Body considered that decree to be not a
valid amendment to the Acts. 
  
In fact, the SPDC/SLORC does not have the legitimate authority to
promulgate any laws regarding Burma. This fact has been noted in Special
Rapporteur's report [A/52/484 recom.(e)] as: 

     (e) Constitutionality and the rule of law should be re-established,
and SLORC
     orders and decrees should no longer be the basis of law. All laws
rendering
     violations of human rights legitimate should be repealed
immediately, and all laws
     should be given due publicity. The principle of no-retroactivity of
penal laws
     should be respected in all circumstances;

Therefore, the SPDC/SLORC has no capacity to amend the Village and Towns
Acts as requested by the ILO Commission of Inquiry. 
  
In this connection, I wish you and ILO Governing Body to take note of
two statements issued on 17th and 28th of September 1998 by the
Committee Representing the People's Parliament (CRPP). In its statement
on September 28, 1998, the CRPP has been making measures to review and
revise the Village and Town Acts concerning with the conscription of
forced labor. I believe the CRPP, as the representative committee of
democratically elected parliament, has the legitimate authority to amend
the Village and Towns Acts in Burma. Only the CRPP has the capacity to
fulfil above mentioned recommendation of the ILO Commission of Inquiry.
I therefore urge the ILO Governing Body to seek advisory opinion of
International Court of Justice to ascertain the CRPP does have authority
to amend the Village and Towns Acts in Burma. 

I also urge the Governing Body of ILO to find ways to compensate the
population effected by the forced labor. I believe Government of Burma
must pay monetary compensation to those villagers who have to perform
forced labor since 1988. The International Court of Justice, if
possible, should make the rulings that such laborers in Burma must be
given adequate compensation for their work. 

In closing, I thank you and ILO for your continuing efforts to improve
the situation in Burma. 

Yours respectfully and sincerely 
Sd. U Ne Oo. 

Copy: 
1. Hon. Rajsoomer Lallah, Special Rapporteur for Human Rights in Burma,
Switzerland. 
2. Hon. Alexis Herman, Secretary of Labor, Bureau of Democracy, Human
Rights and Labor, US Department of State, USA. 

***********************************
POSTED TO INTERNET:  6:00AM, 25-JUN-99. 

COMMENT ON THE LATEST ILO RESOLUTION 
The decision by ILO to bar the delegation of SPDC/SLORC from attending
the ILO forums is most welcomed. This decision to expel SPDC/SLORC's
delegation from UN(ILO) forums is also consistent with the United
Nations General Assembly Resolutions, which repeatedly questioned the
legitimate authority of SPDC/SLORC over the people of Burma. 

This kind of decision, i.e. expel the SPDC/SLORC delegation from UN
forum, is also consistent with the non-violent strategy to redress human
rights violations in Burma. Most important point in this ILO decision is
Burma 'as a country' could not be expelled from ILO(United Nations);
however, the representative of illegitimate government(SPDC/SLORC) can
be expelled from United Nations Agencies. It needs to note that,
althouth current ILO decision was made on the ground of Burmese junta's
non-compliance about ILO Commission of Inquiry recommendations, such
decision to expel SPDC/SLORC from ILO has been made easier by the fact
that SPDC/SLORC is not a legitimate government of Burma. 

Such international boycotts, contrary to some comments, are not simply
to be considered as the blunt political instrument to simply demoralise
SPDC/SLORC. These boycotts, in much non-violent ways, are also to be
considered as 'educational tools'. In the case of SPDC/SLORC, which
making the false claim as the legitimate government of Burma and  having
no capacity to redress the situation of forced labour, it should  be
taught a good lesson. Those Burmese Generals, who deluded themselves to
be 'the legitimate government of Burma' should now properly understand
about their true standing at the United Nations. The Burmese population
at large, too, are to be educated about such illegitimate status of the
SPDC/SLORC administration: in this regards, our media friends in
BBC/VOA/RFA & DVB could certainly help on that. 

It has to be said a punishment on SPDC/SLORC is now duly made. However,
to improve the situation of forced labour on the ground, the unhindered
access for human rights and humanitarian organisation to Burma will be
required. We should also focus our energy on this front, too. 

With best regards, U Ne Oo. 
****************************
 International Labour Conference  

 Provisional Record  
 Eighty-seventh Session, Geneva, 1999  

 Resolution on the widespread use of forced labour in Myanmar (Burma)  

 Submitted by Mr. Brett, Workers' delegate, United Kingdom, and Mr.
Thusing, Employers'  delegate, Germany, in accordance with article 17
(2) of the Standing Orders of the  Conference  

  The International Labour Conference,  

         Reaffirming that all member States have an obligation to apply
fully, in law and in  practice, the Convention that they have   
voluntarily  ratified,  

         Recalling that Myanmar (Burma) ratified the Forced Labour
Convention,  1930 (N0.  29), and the Freedom of Association and
Protection of the Right to Organise Convention,  1948 (No. 87), on 4
March 1955,  

         Taking note of the provision of United Nations General Assembly
resolution 53/ 162 of  9 December 1998 and of United Nations Commission
of Human Rights resolution 1999/17  of 23 April 1999, which also address
the use of forced labour in Myanmar (Burma),  

         Recalling the decision of the Governing Body to place on the
agenda of its November  1999 session 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",  

         Gravely concerned by the Government's flagrant and persistent
failure to comply with  the Convention, as concluded by the Commission
of Inquiry established to examine the  observance of the Forced Labour
Convention, 1930 (No. 29),  

         Appalled by the continued widespread use of forced labour,
including for work on  infrastructure projects and as porters for the
army,  

         Noting the report (dated 21 May 1999) of the Director-General
to the members of the  Governing Body on measures taken by the
Government of Myanmar (Burma) following the  recommendations of the
Commission of Inquiry;  

 1. Deeply deplores that:  

         (a) the Government has failed to take the necessary steps to
bring the relevant legislative  texts, in particular the Village Act and
Towns Act, into line with the Forced Labour  Convention, 1930 (No.29),
by 1May 1999, as recommended by the Commission of  Inquiry;  

         (b) at the end of twentieth century, the State Peace and
Development Council (SPDC)  has continued to inflict the practice of
forced labour -- noting but a contemporary from of  slavery  -- on the
people of Myanmar (Burma), despite repeated calls from the ILO and  from
the wider international community for the past 30 years;  

         (c) there is no credible evidence that those exacting forced
labour in Myanmar( Burma)  have been punished under section 374 of the
Penal Code;  

 2. Resolves:  

         (a) that the attitude and behaviour of the Government of
Myanmar (Burma) are grossly  incompatible with the conditions and
principles governing membership of the Organization;  

         (b) that the Government of Myanmar (Burma) should cases to
benefit from any  technical cooperation or assistance from the ILO until
such time as it has implemented the  conclusion of the Commission of
Inquiry;  

         (c) that the Government of Myanmar (Burma) should henceforth
not receive any  invitation to attend meetings, symposia and seminars
organized by the ILO, until such time as  it has implemented the
conclusions of the Commission of Inquiry.  
  
-- 
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