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ILO MEASURES ON BURMA TO BE IMPLEME



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ILO MEASURES ON BURMA TO BE IMPLEMENTED

Geneva, 16 November 2000. This evening at 18.35, Swiss time, the Governing
Body of the International Labour Organisation declared by an overwhelming show
of hands (something like 40 to 5) that they were "not satisfied" that Burma 
had taken
the necessary steps to fulfill the recommendations of the ILO Commission of 
Inquiry.

The measures decided in June by the International Labour Conference will 
therefore
go into effect on 30 November 2000.

The measures in question are the items a, b,c,d and e of the ILC resolution 
(enclosed),
The results of these measures depends very much on how the different 
constituents
-- governments, labour organisations, employers, UN agencies and other 
parts of the
UN system put them into practice.

These measures provide a new set of tools for Burma activists, ethical 
investment groups,
and others who wish to persuade governments, companies and other actors to 
ensure that their
relations with Burma do not contribute, directly or indirectly, to forced 
labour, and  to take
positive action to reduce forced labour in Burma. Such action can now be 
seen, not as bilateral
or individual action, but as steps taken  at the explicit request of the 
international community.


Resolution adopted by the International Labour
Conference at its 88th Session (June 2000)

The International Labour Conference,

Meeting at its 88th Session in Geneva from 30 May to 15 June 2000,

Considering the proposals by the Governing Body which are before it, under 
the eighth item of its agenda (Provisional Record No. 4), with a view to 
the adoption, under article 33 of the ILO Constitution, of action to secure 
compliance with the recommendations of the Commission of Inquiry 
established to examine the observance by Myanmar of its obligations in 
respect of the Forced Labour Convention, 1930 (No. 29),

Having taken note of the additional information contained in the report of 
the ILO technical cooperation mission sent to Yangon from 23 to 27 May 2000 
(Provisional Record No. 8) and, in particular, of the letter dated 27 May 
2000 from the Minister of Labour to the Director-General, which resulted 
from the mission,

Considering that, while this letter contains aspects which seem to reflect 
a welcome intention on the part of the Myanmar authorities to take measures 
to give effect to the recommendations of the Commission of Inquiry, the 
factual situation on which the recommendations of the Governing Body were 
based has nevertheless remained unchanged to date, Believing that the 
Conference cannot, without failing in its responsibilities to the workers 
subjected to various forms of forced or compulsory labour, abstain from the 
immediate application of the measures recommended by the Governing Body 
unless the Myanmar authorities promptly take concrete action to adopt the 
necessary framework for implementing the Commission of Inquiry's 
recommendations, thereby ensuring that the situation of the said workers 
will be remedied more expeditiously and under more satisfactory conditions 
for all concerned;

1. Approves in principle, subject to the conditions stated in paragraph 2 
below, the actions recommended by the Governing Body, namely:

(a) to decide that the question of the implementation of the Commission of 
Inquiry's recommendations and of the application of Convention No. 29 by 
Myanmar should be discussed at future sessions of the International Labour 
Conference, at a sitting of the
Committee on the Application of Standards specially set aside for the 
purpose, so long as this Member has not been shown to have fulfilled its 
obligations;

(b) to recommend to the Organization's constituents as a 
whole  governments, employers and workers  that they: (i) review, in the 
light of the conclusions of the Commission of Inquiry, the relations that 
they may have with the member State concerned and take appropriate measures 
to ensure that the said Member cannot take advantage of such relations to 
perpetuate or extend the system of forced or compulsory labour referred to 
by the Commission of Inquiry, and to contribute as far as possible to the 
implementation of its recommendations; and (ii) report back in due course 
and at appropriate intervals to the Governing Body;

(c) as regards international organizations, to invite the Director-General: 
(i) to inform the international organizations referred to in article 12, 
paragraph 1, of the Constitution of the Member's failure to comply; (ii) to 
call on the relevant bodies of these organizations to reconsider, within 
their terms of reference and in the light of the conclusions of the 
Commission of Inquiry, any cooperation they may be engaged in with the 
Member concerned and, if appropriate, to cease as soon as possible any 
activity that could have the effect of directly or indirectly abetting the 
practice of forced or compulsory labour;

(d) regarding the United Nations specifically, to invite the 
Director-General to request the Economic and Social Council (ECOSOC) to 
place an item on the agenda of its July 2001 session concerning the failure 
of Myanmar to implement the recommendations contained in the report of the 
Commission of Inquiry and seeking the adoption of recommendations directed 
by ECOSOC or by the General Assembly, or by both, to governments and to 
other specialized agencies and including requests similar to those proposed 
in paragraphs (b) and (c) above;

(e) to invite the Director-General to submit to the Governing Body, in the 
appropriate manner and at suitable intervals, a periodic report on the 
outcome of the measures set out in paragraphs (c) and (d) above, and to 
inform the international organizations concerned of any developments in the 
implementation by Myanmar of the recommendations of the Commission of 
Inquiry; 2. Decides that those measures will take effect on 30 November 
2000 unless, before that date, the Governing Body is satisfied that the 
intentions expressed by the Minister of Labour of Myanmar in his letter 
dated 27 May have been translated into a framework of legislative, 
executive and administrative measures that are sufficiently concrete and 
detailed to demonstrate that the recommendations of the Commission of 
Inquiry have been fulfilled and therefore render the implementation of one 
or more of these measures inappropriate;

3. Authorizes the Director-General to respond positively to all requests by 
Myanmar that are made with the sole purpose of establishing, before the 
above deadline, the framework mentioned in the conclusions of the ILO 
technical cooperation mission (points (i), (ii) and (iii), page 8/11 of 
Provisional Record No. 8), supported by a sustained ILO presence on the 
spot if the Governing Body confirms that the conditions are met for such 
presence to be truly useful and effective.


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<html>
ILO MEASURES ON BURMA TO BE IMPLEMENTED<br>
<br>
Geneva, 16 November 2000. This evening at 18.35, Swiss time, the
Governing <br>
Body of the International Labour Organisation declared by an overwhelming
show <br>
of hands (something like 40 to 5) that they were &quot;not
satisfied&quot; that Burma had taken <br>
the necessary steps to fulfill the recommendations of the ILO Commission
of Inquiry.<br>
<br>
The measures decided in June by the International Labour Conference will
therefore<br>
go into effect on 30 November 2000. <br>
<br>
The measures in question are the items a, b,c,d and e of the ILC
resolution (enclosed),<br>
The results of these measures depends very much on how the different
constituents<br>
-- governments, labour organisations, employers, UN agencies and other
parts of the<br>
UN system put them into practice.<br>
<br>
These measures provide a new set of tools for Burma activists, ethical
investment groups, <br>
and others who wish to persuade governments, companies and other actors
to ensure that their <br>
relations with Burma do not contribute, directly or indirectly, to forced
labour, and&nbsp; to take <br>
positive action to reduce forced labour in Burma. Such action can now be
seen, not as bilateral&nbsp; <br>
or individual action, but as steps taken&nbsp; at the explicit request of
the international community.<br>
<br>
<br>
<b>Resolution adopted by the International Labour<br>
Conference at its 88th Session (June 2000)<br>
<br>
</b>The International Labour Conference,<br>
<br>
Meeting at its 88th Session in Geneva from 30 May to 15 June 2000,<br>
<br>
Considering the proposals by the Governing Body which are before it,
under the eighth item of its agenda (Provisional Record No. 4), with a
view to the adoption, under article 33 of the ILO Constitution, of action
to secure compliance with the recommendations of the Commission of
Inquiry established to examine the observance by Myanmar of its
obligations in respect of the Forced Labour Convention, 1930 (No.
29),<br>
<br>
Having taken note of the additional information contained in the report
of the ILO technical cooperation mission sent to Yangon from 23 to 27 May
2000 (Provisional Record No. 8) and, in particular, of the letter dated
27 May 2000 from the Minister of Labour to the Director-General, which
resulted from the mission,<br>
<br>
Considering that, while this letter contains aspects which seem to
reflect a welcome intention on the part of the Myanmar authorities to
take measures to give effect to the recommendations of the Commission of
Inquiry, the factual situation on which the recommendations of the
Governing Body were based has nevertheless remained unchanged to date,
Believing that the Conference cannot, without failing in its
responsibilities to the workers subjected to various forms of forced or
compulsory labour, abstain from the immediate application of the measures
recommended by the Governing Body unless the Myanmar authorities promptly
take concrete action to adopt the necessary framework for implementing
the Commission of Inquiry?s recommendations, thereby ensuring that the
situation of the said workers will be remedied more expeditiously and
under more satisfactory conditions for all concerned;<br>
<br>
1. Approves in principle, subject to the conditions stated in paragraph 2
below, the actions recommended by the Governing Body, namely:<br>
<br>
(a) to decide that the question of the implementation of the Commission
of Inquiry?s recommendations and of the application of Convention No. 29
by Myanmar should be discussed at future sessions of the International
Labour Conference, at a sitting of the<br>
Committee on the Application of Standards specially set aside for the
purpose, so long as this Member has not been shown to have fulfilled its
obligations;<br>
<br>
(b) to recommend to the Organization?s constituents as a whole&nbsp;
governments, employers and workers&nbsp; that they: (i) review, in the
light of the conclusions of the Commission of Inquiry, the relations that
they may have with the member State concerned and take appropriate
measures to ensure that the said Member cannot take advantage of such
relations to perpetuate or extend the system of forced or compulsory
labour referred to by the Commission of Inquiry, and to contribute as far
as possible to the implementation of its recommendations; and (ii) report
back in due course and at appropriate intervals to the Governing
Body;<br>
<br>
(c) as regards international organizations, to invite the
Director-General: (i) to inform the international organizations referred
to in article 12, paragraph 1, of the Constitution of the Member?s
failure to comply; (ii) to call on the relevant bodies of these
organizations to reconsider, within their terms of reference and in the
light of the conclusions of the Commission of Inquiry, any cooperation
they may be engaged in with the Member concerned and, if appropriate, to
cease as soon as possible any activity that could have the effect of
directly or indirectly abetting the practice of forced or compulsory
labour; <br>
<b>&nbsp;<br>
</b>(d) regarding the United Nations specifically, to invite the
Director-General to request the Economic and Social Council (ECOSOC) to
place an item on the agenda of its July 2001 session concerning the
failure of Myanmar to implement the recommendations contained in the
report of the Commission of Inquiry and seeking the adoption of
recommendations directed by ECOSOC or by the General Assembly, or by
both, to governments and to other specialized agencies and including
requests similar to those proposed in paragraphs (b) and (c) above;<br>
<br>
(e) to invite the Director-General to submit to the Governing Body, in
the appropriate manner and at suitable intervals, a periodic report on
the outcome of the measures set out in paragraphs (c) and (d) above, and
to inform the international organizations concerned of any developments
in the implementation by Myanmar of the recommendations of the Commission
of Inquiry; 2. Decides that those measures will take effect on 30
November 2000 unless, before that date, the Governing Body is satisfied
that the intentions expressed by the Minister of Labour of Myanmar in his
letter dated 27 May have been translated into a framework of legislative,
executive and administrative measures that are sufficiently concrete and
detailed to demonstrate that the recommendations of the Commission of
Inquiry have been fulfilled and therefore render the implementation of
one or more of these measures inappropriate;<br>
<br>
3. Authorizes the Director-General to respond positively to all requests
by Myanmar that are made with the sole purpose of establishing, before
the above deadline, the framework mentioned in the conclusions of the ILO
technical cooperation mission (points (i), (ii) and (iii), page 8/11 of
<i>Provisional Record </i>No. 8), supported by a sustained ILO presence
on the spot if the Governing Body confirms that the conditions are met
for such presence to be truly useful and effective.<b>&nbsp; <br>
<br>
</b></html>

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