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PART 2 OF THE REPORT OF THE ILO TEC



TEXT OF THE REPORT OF THE ILO TECHNICAL MISSION TO BURMA
[posted in 2 parts for easier downloading]

The PDF version is on the ILO website at:
http://www.ilo.org/public/english/standards/relm/ilc/ilc88/pdf/pr-8.pdf

PART 2

The mission's conclusions

During its talks the mission stressed on several occasions that its role 
was to explain to the authorities of Myanmar what needed to be done to give 
credible effect to the recommendations of the Commission of Inquiry, and 
subsequently to report to the Conference on the measures that the 
Government intended to take this respect. The letter from the Minister of 
Labour to the Director-General constitutes, in a way, the results of the 
mission. Even if by its nature this report can only afford a somewhat 
kaleidoscopic view of the talks, it should help the Conference to place 
this response into perspective.

That said, it may however be useful to add two concluding remarks in the 
light of this report.

Firstly, the mission believes that the Commission of Inquiry's 
recommendations could be satisfied in a coherent and practical way if a 
comprehensive framework of legislative, executive, and administrative 
measures were adopted:
(i)       rendering all practices constituting forced labour in the sense 
of Convention No. 29 illegal under national law, and ensuring that all 
legislative provisions in force that permit the imposition of forced labour 
are repealed or appropriately amended;
(ii)       giving specific instructions to the state authorities, and 
notably to the responsible military authorities, regarding the consequences 
to be drawn from the above as regards the various forms of work mentioned 
in the Commission's report, and monitoring their application, so that in 
practice no forced or compulsory labour is imposed by any authority;
(iii)      informing the entire population adequately and completely about 
the above measures as well as the penalties applicable pursuant to section 
374 of the Penal Code to all those imposing forced labour; and taking 
concrete action to ensure that these penalties are strictly applied in 
practice.

Secondly, as the Myanmar authorities were told by the mission, the Office 
could certainly help formulate and implement such a framework if the 
Government's commitment to take expeditious action to this effect was made 
sufficiently clear in the eyes of the Conference.

As the report shows, the mission discussed the support that the 
Organization could provide for the effective and sustainable implementation 
of the said framework. It pointed out that the possibility of various forms 
of follow-up action, including an ILO presence on the spot, should be 
considered in the light of the credible plan of action mentioned by the 
Director-General in his letter of 10 May. Obviously, the Government is 
entirely free to request this assistance or not, just as it will be up to 
the competent bodies of the ILO to appraise whether the conditions are met 
for such assistance and presence to be envisaged.

_____

The mission could not end its report without expressing its gratitude to 
the members of the Coordination Committee for the welcome it received, for 
the excellent arrangements they made and for their constant availability 
and efficiency. It would also like to thank the Resident Coordinator of the 
United Nations, Mr. Coeur-Bizot, and his assistant, Ms. Jeanne Lennkh, for 
their logistical and practical support in setting up as many meetings as 
possible in such limited time.


Appendix 1

Recommendations of the Commission of Inquiry

In paragraph 539 of its report, the Commission of Inquiry urged the 
Government to take the necessary steps to ensure:

(a) that the relevant legislative texts, in particular the Village Act and 
the Towns Act, be brought into line with the Forced Labour Convention, 1930 
(No. 29) as already requested by the Committee of Experts on the 
Application of Conventions and Recommendations and promised by the 
Government for over 30 years, and again announced in the Government's 
observations on the complaint. This should be done without further delay 
and completed 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. This is all the more 
important since the powers to impose compulsory labour appear to be taken 
for granted, without any reference to the Village Act or Towns Act. Thus, 
besides amending the legislation, concrete action needs to be taken for 
each and every of the many fields of forced labour examined in Chapters 12 
and 13 [of the Commission's report] to stop the present practice. This must 
not be done by secret  directives, which are against the rule of law and 
have been ineffective, but through public acts of the Executive promulgated 
and made known to all levels of the military and to the whole population. 
Also, action must not be limited to the issue of wage payment; it must 
ensure that nobody is compelled to work against his or her will. 
Nonetheless, the budgeting of adequate means to hire free wage labour for 
the public activities which are today based on forced and unpaid labour is 
also required;

(c) that the penalties which may be imposed under section 374 of the Penal 
Code for the exaction of forced or compulsory labour be strictly enforced, 
in conformity with Article 25 of the Convention. This requires thorough 
investigation, prosecution and adequate punishment of those found guilty. 
As pointed out in 1994 by the Governing Body committee set up to consider 
the representation made by the ICFTU under article 24 of the ILO 
Constitution, alleging non-observance by Myanmar of the Forced Labour 
Convention, 1930 (No. 29), the penal prosecution of those resorting to 
coercion appeared all the more important since the blurring of the 
borderline between compulsory and voluntary labour, recurrent throughout 
the Government's statements to the committee, was all the more likely to 
occur in actual recruitment by local or military officials. The power to 
impose compulsory labour will not cease to be taken for granted unless 
those used to exercising it are actually brought to face criminal 
responsibility.[1]
______

[1] Paragraph 539 of the Report of the Commission of Inquiry appointed 
under article 26 of the Constitution of the International Labour 
Organization to examine the observance  y Myanmar of the Forced Labour 
Convention, 1930 (No. 29). ILO Official Bulletin, Vol. LXXXI, 1998, Series 
B, Special Supplement. The full text of the report is also available on the 
ILO website at the following
address: 
<http://www.ilo.org/public/english/standards/relm/gb/docs/gb273/myanmar.html.>.



Appendix 2

Communication dated 27 May 2000 from the
Government of Myanmar to the Director-General

Excellency,

I wish to express my appreciation to you for responding positively to our 
request to send a technical cooperation mission to Yangon.

I am pleased to inform you that the members of the technical cooperation 
mission and the senior officials from the Ministries of Labour, Home, and 
Foreign Affairs and Attorney-General's Office were able to hold extensive 
discussions on Convention No. 29. I also had useful discussions with the 
members of the technical cooperation mission. Despite their brief stay, 
they also had the opportunity to call on the Minister for Foreign Affairs 
and the Minister for Home Affairs.

Moreover, His Excellency Lt. General Khin Nyunt, Secretary-1 of the State 
Peace and Development Council, took time out of his very busy schedule to 
receive the members of the technical cooperation mission and acquainted 
them in a frank and open manner with the actual situation in the nation. 
These discussions had been very useful and clarified issues where there 
have been differences of perception.

The Government also provided every assistance to facilitate their work and 
allowed them freedom of action. Our only regret is that due to constraints 
of time, they were not able to visit outside Yangon so that they would have 
a better understanding of the situation in the country.

It is our hope that through the discussions and the cooperation the mission 
enjoyed during the sojourn in Myanmar, we have been able to show that 
Myanmar is sincere in its efforts to resolve the issue of the allegations 
of forced labour.

I would also like to take this opportunity to inform you that we have taken 
and are taking the necessary measures to ensure that there are no instances 
of forced labour in Myanmar. Allow me to say that Myanmar would take into 
consideration appropriate measures, including administrative, executive and 
legislative measures, to ensure the prevention of such occurrences in the 
future.

In this regard, the talks held between Myanmar and the ILO technical 
cooperation mission have been most useful in providing a better 
understanding of the issues involved and it is our ardent hope that this 
process of consultation and technical cooperation within the framework of 
the ILO recommendation will continue in working toward the resolution of 
the matter. On my part, I look forward to meeting you during the coming ILC.

Accept, Excellency, the assurances of my highest consideration.

(Signed) Major General Tin Ngwe,
Minister for Labour,
Union of Myanmar.



Appendix 3

List of meetings held

The mission held 27 meetings over five days. In Yangon it met with Lt. 
General  Khin Nyunt, Secretary-1 of the SPDC, three Ministers (Labour, Home 
Affairs, Foreign Affairs) and senior officials of the same ministries and 
of the Office of Strategic Studies, the Directors-General of the 
Attorney-General's Office and of the Supreme Court, NLD Chairman Aung Shwe, 
Aung San Suu Kyi and two other representatives of the NLD, representatives 
of 11 diplomatic missions, six United Nations agencies and the ICRC, and a 
representative of the Buddhist clergy. Before arriving in Yangon the 
mission received an extensive briefing from the ILO Regional Director, Asia 
and Pacific Region, at Bangkok Airport.


Tuesday, 23 May

2.00-4.00 p.m., Bangkok Airport
Mitsuko Horiuchi ILO Regional Director, Asia and Pacific Region

8.30-9.10 p.m., Traders Hotel
Thaung Tun Deputy Director-General, Ministry of Foreign Affairs
Kyaw Tint Swe Director-General, International Organizations and Economic 
Department, Ministry of Foreign Affairs
Tun Shin Director-General, Attorney-General's Office

9.30-11.20 p.m., UNDP Office
Patrice Coeur-Bizot United Nations Resident Coordinator
Jeanne Lennkh Assistant to United Nations Resident Coordinator

Wednesday, 24 May

11.00-11.45 a.m., Traders Hotel
Htay Maung Director-General, Department of General Administration, Ministry 
of Home Affairs
Thaung Tun Deputy Director-General, Ministry of Foreign Affairs
Soe Nyunt Director-General, Department of Labour
Tin Kyaw Hlaing Retired Ambassador, Special Adviser to Department of Labour
Tin Aye Director-General, Supreme Court
Sein Myint Deputy Director-General, Department of Labour
Jeanne Lennkh Assistant to United Nations Resident Coordinator

12.30-12.55 p.m., Traders Hotel
Aung Min Police Lieutenant-General
Htay Maung Director, Department of General Administration, Ministry of Home 
Affairs
Thaung Tun Deputy Director-General, Ministry of Foreign Affairs
Kyaw Tint Swe Director-General, International Organizations and Economic
Department, Ministry of Foreign Affairs
Soe Nyunt Director-General, Department of Labour
Tun Shin Director-General, Attorney-General's Office
Tin Kyaw Hlaing Retired Ambassador, Special Adviser to Department of Labour
Tin Aye Director-General, Supreme Court
Sein Myint Deputy Director-General, Department of Labour
Kyaw Win Director, Department of Labour
Jeanne Lennkh Assistant to United Nations Resident Coordinator

2.20-3.45 p.m., Traders Hotel
Aung Min Police Lieutenant-General
Htay Maung Director, Department of General Administration, Ministry of Home 
Affairs
Thaung Tun Deputy Director-General, Ministry of Foreign Affairs
Soe Nyunt Director-General, Department of Labour
Tun Shin Director-General, Attorney-General's Office
Tin Kyaw Hlaing Retired Ambassador, Special Adviser to Department of Labour
Tin Aye Director-General, Supreme Court
Sein Myint Deputy Director-General, Department of Labour
Kyaw Win Director, Department of Labour
Members of the Attorney-General's Office
Jeanne Lennkh Assistant to United Nations Resident Coordinator

4.00-4.50 p.m., Ministry of Labour
Maj.-Gen. Tin Ngwe Minister of Labour
Thaung Tun Deputy Director-General, Ministry of Foreign Affairs 
[interpreting for Minister]
Kyaw Win Director, Department of Labour
Jeanne Lennkh Assistant to United Nations Resident Coordinator

5.10-5.50 p.m., Ministry of Home Affairs
Col. Tin Hlaing Minister of Home Affairs [with interpreter]
Director-General of Prisons
Director-General of Police
Director-General of the Department of General Administration
Jeanne Lennkh Assistant to United Nations Resident Coordinator

6.10-6.45 p.m., Thai Embassy
Pensak Chalarak Thai Ambassador

Evening, Traders Hotel
Phoebe Gomez Philippine Ambassador (Informal meeting)

Evening
Lt.-Col. Hla Min Deputy Head, Department of International Affairs, Office 
of Strategic Studies (Informal meeting)

Thursday, 25 May

8.30 a.m., Malaysian Embassy
Dato' Mohammad Bin Noh Malaysian Ambassador

9.50 a.m.-12.00 p.m., Traders Hotel
Hla Tun Police Brigadier-General
Aung Thein Director-General, Department of General Administration, Ministry 
of Home Affairs
Thaung Tun Deputy Director-General, Ministry of Foreign Affairs
Soe Nyunt Director-General, Department of Labour
Tun Shin Director-General, Attorney-General's Office
Tin Kyaw Hlaing Retired Ambassador, Special Adviser to Department of Labour
Tin Aye Director-General, Supreme Court
Sein Myint Deputy Director-General, Department of Labour
Kyaw Win Director, Department of Labour

1.00-2.20 p.m., UNDP Office
Members of the United Nations Country Team:
Patrice Coeur-Bizot United Nations Resident Coordinator
John Mendis UNICEF representative
Francis Rinville FAO representative
Canh Nguyen-Tang UNHCR Chief of Mission
Bradley Guerrant WFP representative
Jennifer Ashton UNAIDS representative
Jeanne Lennkh Assistant to United Nations Resident Coordinator

3.00-4.45 p.m. Aung San Suu Kyi's residence
Aung Shwe Chairman, NLD
Aung San Suu Kyi General Secretary, NLD
Than Tun Labour Secretary, NLD
U Lwin Legal Secretary, NLD

6.10 p.m., Ministry of Foreign Affairs
Win Aung Minister of Foreign Affairs
Khin Maung Win Deputy Minister of Foreign Affairs
Directors-General from the Ministry
Patrice Coeur-Bizot United Nations Resident Coordinator

Friday, 26 May

9.00-9.50 a.m., Japanese Embassy
Yoshihiko Kamo Japanese Chargé d'Affaires
Yoshinori Yakabe Japanese First Secretary
Naoki Ito Counsellor

10.00-10.30 a.m., United States Embassy
Priscilla Clapp United States Chargé d'Affaires
Debbie Kingsland United States First Secretary

10.30-11.30 a.m., United States Embassy
Priscilla Clapp United States Chargé d'Affaires
Debbie Kingsland United States First Secretary
John Jenkins British Ambassador
Victoria Billing British Second Secretary

11.45 a.m.-12.35 p.m., French Embassy
Ambassadors of the EU countries:
John Jenkins British Ambassador
Bernard du Chaffaut French Ambassador
Marius Haas German Ambassador
Cesare Capitani Italian Ambassador

1.00-2.00 p.m.
Léon de Riedmatten ICRC Head of Delegation

2.45-3.30 p.m., Traders Hotel
Hla Tun Police Brigadier-General
Aung Thein Director-General, Department of General Administration,
Ministry of Home Affairs
Thaung Tun Deputy Director-General, Ministry of Foreign Affairs
Kyaw Tint Swe Director-General, International Organizations and Economic
Department, Ministry of Foreign Affairs
Soe Nyunt Director-General, Department of Labour
Tun Shin Director-General, Attorney-General's Office
Tin Kyaw Hlaing Retired Ambassador, Special Adviser to Department of Labour
Tin Aye Director-General, Supreme Court
Sein Myint Deputy Director-General, Department of Labour
Kyaw Win Director, Department of Labour

4.30-5.10 p.m., Chinese Embassy
Wang Zong Ying Chief of Political Section and First Secretary, Chinese Embassy

Evening, Australian Club
Douglas Foskett Chargé d'Affaires of Australian Embassy (Informal meeting)


Saturday, 27 May

10.15-10.55 a.m., Traders Hotel
Aung Min Police Lieutenant-General
Thaung Tun Deputy Director-Deparatment of General, Ministry of Foreign Affairs
Kyaw Tint Swe Director-General, International Organizations and Economic
Department, Ministry of Foreign Affairs
Soe Nyunt Director-General, Department of Labour
Tun Shin Director-General, Attorney-General's Office
Tin Kyaw Hlaing Retired Ambassador, Special Adviser to Department of Labour
Tin Aye Director-General, Supreme Court
Sein Myint Deputy Director-General, Department of Labour
Kyaw Win Director, Department of Labour
Representative from the Department of General Administration

2.00-2.50 p.m., Government Guesthouse
Lt.-Gen. Khin Nyunt Secretary-1, State Peace and Development Council
Win Aung Minister of Foreign Affairs
Maj.-Gen. Tin Ngwe Minister of Labour
Thaung Tun Deputy Director-General, Ministry of Foreign Affairs [translator]

3.30-3.50 p.m., Meditation Centre
Venerable Myatha Sayadaw Senior Abbot of Buddhist Meditation Centre


CONTENTS

Origin and progress of the mission...1

Technical discussions with the Government...2

Technical discussions on the implementation of the recommendations
of the Commission of Inquiry...3
A. Amendment of legislation...3
B. Measures to stop the exaction in practice of forced or compulsory labour...4
C. Punishment of those imposing forced labour...5

Assistance with implementation and follow-up...5

Talks with the competent ministers...5
Talks with the Minister of Labour, Major General Tin Ngwe...5
Talks with the Minister of Home Affairs, Colonel Tin Hlaing...6
Talks with the Minister of Foreign Affairs, Mr. Win Aung...7

Talks and meetings with various institutions, embassies and persons...7
Talks with the National League for Democracy (NLD)...7
Meetings with ambassadors resident in Yangon...8
Meeting/discussion with the United Nations Country Team and specialized 
agencies in Yangon...8
Meeting with the ICRC delegate in Yangon...8
Visit to the Venerable Myatha Sayadaw...9

Conclusions of the technical discussions and visits to Secretary-1 of the SPDC,
Lieutenant-General Khin Nyunt...9

The mission's conclusions...11

Appendix 1. Recommendations of the Commission of Inquiry...13

Appendix 2. Communication dated 27 May 2000 from the Government of Myanmar
to the Director-General...14

Appendix 3. List of meetings held...15

_______

NOTES (footnotes in original)

[1] Reproduced in Appendix 1.
[2] The text of Order No. 1/99 is reproduced in GB.276/6, Appendix I, 
[Sub-] Appendix III.
[3] International Labour Conference, 88th Session, 2000, Report III (Part 1A),
Observations concerning ratified Conventions, C.29, Myanmar.
[4] ibid., paras. 8-14.
[5] The list suggested was drawn from paras. 274 et seq. of the report of 
the Commission of Inquiry.
[6] cf. paras. 213 and 484-502 of the report of the Commission of Inquiry.
[7] cf. para. 514 of the report of the Commission of Inquiry.


2 JUNE 2000