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Report of ILO mission to Burma (ful



      Report of ILO mission to Burma (17-19 May 2001)

      The Mission report is now on the ILO website in pdf at
      http://www.ilo.org/public/english/standards/relm/ilc/ilc89/reports.htm

      Scroll down to
      C. App./D.7: Arrangements for an objective assessment of the 
situation of
      forced labour following measures taken by the Myanmar Government (PDF 
version)

      and click on the blue line.

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

      Below is a Text version of the Report
      (pdf version authoritative)

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

      89th Session, Geneva, June 2001

      Committee on the Application of Standards

      Developments since the 280th Session of the
      Governing Body (March 2001): Arrangements
      for an objective assessment of the situation of
      forced labour following measures taken by the
      Myanmar Government

      (Mission to Yangon, 17-19 May 2001)

      Introduction

      While considering that the conditions had not been met for the 
provisions
      contained in the Conference resolution of June 2000 to be rendered
      inappropriate, the Governing Body noted during its 279th Session in 
November
      2000 that the Director-General should continue to extend cooperation 
to the
      Government of Myanmar in order to promote full implementation of the
      recommendations of the Commission of Inquiry.

      During its 280th Session in March 2001, the Director-General informed the
      Governing Body, in opening the discussion on the report concerning the
      implementation of the measures decided by the Conference (GB.280/6), 
of the
      efforts which he had undertaken with the Myanmar authorities in order to
      fulfil the second aspect of his responsibilities. In his letter of 1 
March
      2001 to the Minister for Labour (Appendix 1), he had expressed the 
view that
      the Myanmar authorities could not expect to receive any recognition 
for the
      framework of measures and subsequent action which they said they had
      taken, in the absence of an objective assessment by the ILO of their 
practical
      implementation and actual impact on the forced labour situation. 
Following
      that letter, he had received a visit from the Deputy Minister for 
Foreign
      Affairs, Mr. Khin Maung Win, on 22 March 2001. During a very frank 
discussion,
      the Deputy Minister had indicated that the authorities were disposed 
to enter
      quickly into discussions on the modalities of an objective assessment.

      That information was received with interest, and the Governing Body 
decided
      that any further developments should be reflected in the report to be 
submitted
      to the Conference Committee on the Application of Standards at its 
meeting in
      2001, in accordance with paragraph 1(a) of the resolution adopted in 
June 2000.
      The present report follows up that decision. Its purpose is to set 
out the
      developments that have taken place since the Governing Body's last 
session,
      and in particular to give an account of the origin and results of the 
mission
      which visited Yangon between 17 and 19 May 2001 in order to decide on 
the
      modalities for an objective assessment of the implementation and 
impact of
      the framework of measures put in place from October 2000 onwards.


      Origin of the mission

      During a meeting with the Director-General on 22 March 2001, Mr. Khin 
Maung
      Win had said that the Permanent Representative of Myanmar in Geneva, 
Ambassador
      U Mya Than, would be appointed to undertake discussions with the Office
      regarding the modalities of the objective assessment. During those 
preliminary
      discussions, it soon became clear that it was not realistic to expect 
the two
      successive stages of the implementation process (agreement on 
modalities and,
      in the case of such agreement being reached, the carrying out of the 
assessment
      itself) could be undertaken before the Conference, given the logistical
      constraints and the deadlines associated with the second stage. The 
parties
      therefore set a target of reaching a clear and firm commitment from the
      authorities regarding the modalities of such an assessment before the
      International Labour Conference, on the understanding that such a 
commitment
      would be followed up as soon as possible by the assessment itself, so 
that the
      Governing Body could be informed of the results during its November 2001
      session. The letter of the Minister for Labour dated 26 April 2001 
(Appendix 2)
      and the Director-General's reply of 10 May 2001 (Appendix 3) are the two
      principal reference points in the development of discussions on that 
subject.

      It followed from the Director-General's letter of 10 May that, in 
order to
      finalize the modalities in question and obtain before the Conference 
a specific
      and definitive commitment based on parameters previously discussed 
with the
      Ambassador (concerning issues such as who would carry out the 
assessment, when
      it would begin and how long it would last, and what practical and legal
      guarantees would be provided for it), discussions would have to be 
held in
      Yangon with all the ministries concerned.

      It was for this reason that a new mission visited Yangon between 17 
and 19 May
      2001. Its members were as follows:
      - Mr. Francis Maupain, representative of the Director-General;
      - Mr. Dominick Devlin, Legal Adviser;
      - Mr. Rueben Dudley, Deputy Director, ILO Regional Office for Asia 
and the
        Pacific;
      - Mr. Richard Horsey, Secretary.


      Progress and findings of the mission

      The mission, like the previous ones, attracted a degree of interest 
among the
      diplomatic community in Yangon and among the United Nations agencies. 
In order
      to respond to that interest, and despite the limited time available, the
      mission was anxious to organize a number of information sessions, 
with the
      assistance of the United Nations Resident Coordinator. The mission's 
detailed
      programme is given in Appendix 4. During the first working session 
following
      the mission's arrival in Yangon, the representatives of the various 
ministries
      concerned informed the mission that they had taken a number of 
measures since
      the adoption of the new framework of legislative, executive and 
administrative
      measures. To illustrate those efforts, the Secretary of the 
"Implementation
      Committee for Convention No. 29", U Soe Nyunt, drew attention to 
action which
      had been taken to publicize those measures as well as to the visits 
that had
      been organized to different parts of the country in order to examine the
      realities of the situation in the light of previous allegations.

      The mission emphasized that the purpose of its present visit was quite
      different from that of the previous missions. The purpose was not to
      re-examine the substantive issues dealt with in the report of the 
Commission
      of Inquiry. Neither was it the purpose of the visit to set up a new 
Commission
      of Inquiry, although the Government was free to request such a step 
under
      article 34 of the ILO Constitution. As the Director-General had made 
clear in
      his letter of 1 March and in his presentation to the Governing Body 
in March,
      the purpose of the objective assessment now being considered was more 
specific:
      it was to assess the practical implementation of the legislative, 
executive and
      administrative framework that had been put in place and its actual 
impact on
      the forced labour situation in the country.

      The mission drew attention to the fact that the Committee of Experts 
on the
      Application of Conventions and Recommendations had discussed the 
framework of
      measures at its previous meeting in December 2000, and its 
observation in its
      report to the Conference provided some valuable indications as to the 
points to
      be considered when the objective assessment was undertaken. The 
Committee of
      Experts, while expressing regret that the views of the October 2000 
Technical
      Cooperation Mission had not been fully taken into account, 
nevertheless noted
      that the legislative measures adopted "could provide a statutory 
basis for
      ensuring compliance with the Convention in practice, if given effect 
bona fide
      not only by the local authorities empowered to requisition labour 
under the
      Village and Towns Acts, but also by civilian and military officers 
entitled to
      call on the assistance of local authorities under the Acts". With 
that in mind,
      the Committee had given a number of indications regarding further 
measures that
      could be undertaken (Report of the Committee of Experts on the 
Application of
      Conventions and Recommendations, Report III (Part 1A), 2001, page 149).

      The object and scope of the assessment being thus delineated, the 
mission
      emphasized that the modalities were of necessity dictated by the 
nature of
      the task: they had to provide every possible guarantee that the 
assessment
      would be objective and credible. The members of the High-Level Team 
(HLT)
      responsible for the assessment would therefore have to be appointed 
by the
      Director-General solely on the basis of their recognized impartiality,
      experience and technical competence including knowledge of the 
region; the
      duration of the HLT's visit should be sufficient to allow it to form 
an opinion,
      while recognizing the possible constraints as regards the 
availability of the
      HLT's members; and finally, the HLT needed to be allowed complete 
discretion
      with regard to the organization of its programme of activities and 
meetings.
      The mission expressed the hope that those parameters could be 
translated into
      a specific text during the course of the visit.

      Those basic considerations led to discussions during which the 
mission drew up
      an initial draft "Understanding". That in turn gave rise to numerous 
proposed
      amendments and counter amendments until quite late in the afternoon 
of Saturday,
      19 May. Two main difficulties had to be faced. The first concerned the
      appointment by the Director-General of the members of the HLT, which the
      authorities wished to be subject to their prior approval. That demand 
was not
      accepted. It was, however, made clear that the expression "recognized
      qualifications" used in point I of the text implied that the 
qualifications
      required of members of the HLT would have to be recognized by all, 
including
      the Myanmar authorities; that interpretation was subsequently 
confirmed in
      writing, at the latter's request. The second difficulty related to the
      discretion of the HLT to determine the programme which it regarded as 
necessary
      for conducting the assessment. The solution that was adopted 
acknowledged that
      that discretion could be limited by considerations of security - 
including the
      security of members of the HLT itself - but stipulated that those
      considerations must be "valid"; it also provided for a mechanism to 
overcome
      any difficulties that might arise in that regard, namely, the possible
      assistance of an independent "facilitator" recognized as 
knowledgeable and fair
      by all parties concerned. On that basis, the full text of an 
"Understanding"
      was finally agreed.

      Before leaving Yangon, the mission was received by the Deputy 
Minister for
      Foreign Affairs, Mr. Khin Maung Win, who had been kept regularly 
informed of
      the progress of the discussions and who welcomed the news that they 
had finally
      led to an "Understanding". He expressed the willingness of the 
Government to
      make the assessment process a success and asked the mission to 
communicate to
      the Director-General his Government's wish to assist the HLT as much as
      possible in achieving its objectives. If difficulties arose, they 
could be
      discussed openly. The Government was firmly committed to resolving 
the issue.

      The final text, as initialled by both parties at the airport after final
      amendments, is reproduced in Appendix 5. Before leaving, the 
representative of
      the Director-General expressed the concern that the content of the 
Understanding
      and its implications should be communicated to the General Secretary 
of the
      National League for Democracy (NLD). Since it had been unable to do 
so directly,
      given the various constraints which it had had to face, the mission, 
on behalf
      of the Director-General, asked Mr. Léon de Riedmatten, former ICRC 
delegate
      and currently representative of the Centre for Humanitarian Dialogue, 
to do so
      instead.

      The mission could not conclude its report without thanking Mr. Patrice
      Coeur-Bizot, the United Nations Resident Coordinator, and his assistant,
      Ms. Jeanne Lennkh, for their valuable support in the organization of 
meetings
      and in ensuring the smooth progress of the mission. It also wishes to 
thank
      Mr. Léon de Riedmatten for the very useful advice which he imparted 
to the
      mission on the basis of his particular experience and role. The 
mission was
      encouraged by the contacts which it had with the international 
organizations
      represented in Yangon and with the current ICRC delegate, Mr. Michel 
Ducraux.
      Overall, those organizations expressed a strong interest in 
contributing in a
      concrete way to the success of the present undertaking and in 
particular to
      promoting the development and implementation of the programme of the 
future
      high-level team as far as their knowledge and resources permit.

      Geneva, 31 May 2001.

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


      Appendix 1

      Communication dated 1 March 2001 from the Director-General
      to the Minister for Labour of the Government of Myanmar

      Dear Mr. Minister,

      I acknowledge receipt of your letter dated 11 February 2001 in reply 
to mine
      of 22 December 2000, and would like to offer the following comments.

      As regards the second paragraph of your letter, I can assure you that 
your
      views, as well as the text of the statement which your Ambassador 
intended to
      make and which reached the Chairman's Office after the closure of the 
session,
      will be reflected appropriately in the documentation before the next 
session
      of the Governing Body.

      I have taken note of your statement that Myanmar is "resolute in our 
endeavours
      to implement the framework of legislative, executive and 
administrative measures
      which we have put in place" with a view to the total elimination of 
the practice
      of forced labour in Myanmar, and in particular of the information 
that some
      action has already been taken against the perpetrators of such practices.

      However it is clear that Myanmar cannot expect to receive credit for 
these
      endeavours in the absence of an objective assessment of their practical
      implementation and actual impact. The ILO alone is in a position to 
provide
      such an assessment with the authority necessary to carry legal, 
practical and
      political consequences at the international level. This is all the 
more relevant
      in the light of the continuing flow of information from various sources
      concerning the issues in question.

      For these reasons I would like to reiterate that the Office stands 
ready to
      engage in discussions about the possible format and modalities such an
      objective assessment could take. In my view, it would be highly 
desirable that
      such discussions take place before the next session of the Governing 
Body.
      It should be recalled that the International Labour Conference will, in
      accordance with paragraph 1(a) of its resolution, review the 
situation at its
      next session in June, on the basis of all relevant information then 
available.

      Yours sincerely,

      (Signed) Juan Somavia. 6

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

      Appendix 2

      Communication dated 26 April 2001 from the Minister
      for Labour of the Government of Myanmar to the
      Director-General


      Excellency,

      I acknowledge receipt of your letter dated 1 March 2001 which 
responded to my
      letter of 11 February 2001.

      I note with satisfaction that, as assured by you in the letter under 
reference,
      the statement of my Ambassador as well as our views on the issue of 
forced
      labour in Myanmar had been reflected in the documentation submitted 
to the
      280th Session of the Governing Body of the ILO held last month. I 
wish to
      express thanks to you for that.

      I fully appreciate your Office's continued readiness to engage in 
discussions
      about the possible format or modalities for an objective assessment 
of the
      actual implementation of the legislative, executive and 
administrative measures
      that we have taken to eliminate forced labour in Myanmar. In this 
regard I
      would like to reiterate Myanmar's willingness to occasionally accept 
an ILO
      representative based in the Regional Office in Bangkok or Geneva 
and/or a
      mutually acceptable person. We are convinced that such a 
representative would
      be able to assess objectively the implementation of the 
abovementioned measures
      and their impact. For the assessment to be generally effective, in 
our view, it
      would require the involvement of an independent and unbiased entity.

      I hope that continued discussions between you and our Permanent 
Representative
      Ambassador U Mya Than, who has been designated as our contact point 
in this
      matter, will lead to some significant progress before the 89th 
Session of the
      International Labour Conference (ILC) in our search for the effective 
format
      or modalities acceptable to both sides.

      I can assure you that, regardless of any outcome in this joint 
effort, we will
      continue to take steps to ensure that forced labour does not exist in 
Myanmar
      both in law and in practice and to implement the framework we have 
put in place.

      Yours sincerely,

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

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

      Appendix 3

      Communication dated 10 May 2001 from the
      Director-General to the Minister for Labour of
      the Government of Myanmar


      Dear Mr. Minister,

      Thank you for your letter of 26 April reacting to my letter of 1 
March in the
      light of subsequent developments, including the discussions at the 280th
      Session of the Governing Body.

      As envisaged in your letter, discussions have in the meantime 
continued with
      Ambassador Mya Than with a view to clarifying the process whereby the 
objective
      assessment mentioned in my letter could actually take place.

      It now seems clear on both sides that this process would be in two 
stages. The
      first stage would be to reach a clear and firm commitment on the 
modalities of
      such an assessment on the basis of parameters which have been 
presented to the
      Ambassador. It is very urgent that this commitment be finalized so 
that, as
      envisaged on both sides, the outcome could be reported to the 
Conference in
      June. To reach this outcome as expeditiously as possible, my 
representatives
      - whose names have been communicated to the Ambassador - are ready to 
travel to
      Yangon as soon as the competent authorities confirm their interest, 
but no
      later than early next week.

      If this first stage is successful, the second stage would be to 
undergo the
      objective assessment itself, in accordance with the abovementioned 
modalities.
      This assessment would have to take place not later than the end of 
the summer
      so that a report could be prepared for the Governing Body in November.

      I hope the above clarification may help the authorities to quickly 
finalize
      their position on the matter.

      Yours sincerely,

      (Signed) Juan Somavia.

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

      Appendix 4

      List of meetings held

      The mission held 16 meetings in Yangon over three days. It met with 
the Deputy
      Minister for Foreign Affairs, senior officials from three ministries 
(Foreign
      Affairs, Home Affairs, and Labour), and from the Attorney-General's 
Office and
      the Office of Strategic Studies, representatives of 26 diplomatic 
missions,
      seven United Nations agencies, a representative of the Geneva-based 
Centre
      for Humanitarian Dialogue, and a representative of the ICRC.


      Thursday, 17 May 2001

      9.40 a.m., Arrival in Yangon

      10.30-11.00 a.m., Traders Hotel

      Patrice Coeur-Bizot, United Nations Resident Coordinator

      Jeanne Lennkh, Assistant to United Nations Resident Coordinator

      Léon de Riedmatten, Centre for Humanitarian Dialogue


      11.00 a.m.-1.00 p.m., Traders Hotel

      Soe Nyunt Director-General, Department of Labour

      Win Mya Director-General, International Organizations and Economic
      Department, Ministry of Foreign Affairs

      Dr. Tun Shin Director-General, Attorney-General's Office

      Lt.-Col. Hla Min Deputy Head, Department of International Affairs, 
Office of
      Strategic Studies

      Aung Thein Director-General, Department of General Administration,
      Ministry of Home Affairs

      Zaw Win Chief of General Staff, Police Force


      2.30-4.30 p.m., Traders Hotel

      Soe Nyunt Director-General, Department of Labour

      Win Mya Director-General, International Organizations and Economic
      Department, Ministry of Foreign Affairs

      Dr. Tun Shin Director-General, Attorney-General's Office

      Lt.-Col. Hla Min Deputy Head, Department of International Affairs, 
Office of
      Strategic Studies

      Aung Thein Director-General, Department of General Administration,
      Ministry of Home Affairs

      Zaw Win Chief of General Staff, Police Force


      5.00-6.00 p.m., Japanese Embassy

      Shigeru Tsumori, Japanese Ambassador

      Kiyoshi Koinuma, Deputy Chief of Mission, Head of Political Section

      Naoki Ito Counsellor


      Friday, 18 May 2001

      8.00-9.00 a.m., Traders Hotel

      Trevor Wilson, Australian Ambassador

      John Jenkins, British Ambassador

      Bernard Lelarge, French Second Secretary

      Hauke Kracht, German Third Secretary

      Francesco Fedeli, Italian Chargé d'Affaires a.i.

      Karl Wycoff, United States Chargé d'Affaires a.i.

      Patrice Coeur-Bizot, United Nations Resident Coordinator

      Jeanne Lennkh, Assistant to United Nations Resident Coordinator


      10.00-10.30 a.m., Traders Hotel

      Soe Nyunt, Director-General, Department of Labour

      Win Mya, Director-General, International Organizations and Economic
      Department, Ministry of Foreign Affairs

      Dr. Tun Shin, Director-General, Attorney-General's Office

      Lt.-Col. Hla Min, Deputy Head, Department of International Affairs, 
Office of
      Strategic Studies

      Aung Thein Director-General, Department of General Administration,
      Ministry of Home Affairs

      Zaw Win Chief of General Staff, Police Force


      12.15-1.15 p.m., UNDP Office

      Patrice Coeur-Bizot, United Nations Resident Coordinator

      Jeanne Lennkh, Assistant to United Nations Resident Coordinator

      Members of the United Nations Country Team:
      Francis Rinville, FAO Representative
      Guillaume Le Hegarat, UNDCP Assistant Representative
      Rajiv Kapur, UNHCR Chief of Mission
      Dr. Rosella Morelli, UNICEF Officer in Charge
      Jos Vandelear, WHO Officer in Charge
      Bradley Guerrant, WFP Emergency Coordinator
      Renata Dessallien, UNDP Deputy Resident Representative


      1.15-2.15 p.m., UNDP Office

      Janeh Sukaimi, Brunei First Secretary

      In May, Cambodian Counsellor

      Nasaruddin Mochtar Koro, Indonesian Ambassador

      Ly Bounkham, Lao People's Democratic Republic Ambassador

      Dato Mohammad Bin Noh, Malaysian Ambassador

      Pablito Mendoza, Philippine Third Secretary

      Simon de Cruz, Singapore Ambassador

      Buskorn Prugsapongse, Thai Counsellor

      Nguyen Van Thanh, Vietnamese Second Secretary

      Wang Zongying, Chinese First Secretary

      Shyam Saran, Indian Ambassador

      Naoki Ito, Japanese Counsellor

      Chung Jung-Gum, Republic of Korea Ambassador

      Patrice Coeur-Bizot, United Nations Resident Coordinator


      2.30-4.00 p.m., Traders Hotel

      Soe Nyunt, Director-General, Department of Labour

      Win Mya, Director-General, International Organizations and Economic
      Department, Ministry of Foreign Affairs

      Dr. Tun Shin, Director-General, Attorney-General's Office

      Lt.-Col. Hla Min, Deputy Head, Department of International Affairs, 
Office of
      Strategic Studies

      Aung Thein, Director-General, Department of General Administration,
      Ministry of Home Affairs

      Zaw Win, Chief of General Staff, Police ForceILC89-

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

      Appendix 5

      Understanding on an ILO objective assessment

      Recalling previous discussions which were reported to the Governing 
Body at its
      March 2001 session relating to the possibility of an objective 
assessment being
      carried out by the ILO with respect to the practical implementation 
and actual
      impact of the framework of legislative, executive and administrative 
measures
      reported by the Government, within the overall objective of the complete
      elimination of forced labour in law and in practice;

      Recognizing now the desirability of such an assessment being carried 
out as
      soon as practicable;

      Noting the importance in this connection of the observation made by 
the ILO
      Committee of Experts on the Application of Conventions and 
Recommendations in
      its 2001 report;

      Aware of the need to respect the sovereign right of the country as 
well as the
      independence of the Organization in the discharge of its functions;

      The Government of Myanmar agrees to receive a high-level team (HLT) 
to carry
      out an objective assessment under the following conditions designed 
to ensure
      its credibility:

      1. The team will be composed of high-level persons appointed by the ILO
      Director-General on the basis of their recognized qualifications, 
impartiality
      and knowledge of the region.

      2. Taking into consideration seasonal weather conditions, the 
assessment shall
      be carried out in September 2001. The time needed to carry out the 
assessment
      in Myanmar could involve up to three weeks.

      3. The members of the HLT shall enjoy, for the purpose and duration 
of the
      mission, the same protection and status accorded to officials of 
comparable
      ranks in the United Nations.

      4. The HLT shall have complete discretion to establish and implement its
      program of work, meetings and visits, taking into account the 
indications
      provided, inter alia, in the aforementioned observation of the 
Committee of
      Experts on the Application of Conventions and Recommendations, and 
subject only
      to valid considerations of security. For this purpose, the HLT shall be
      accorded full cooperation from the relevant Myanmar authorities. 
During the
      establishment and implementation of the HLT's programme, the HLT and the
      Government may call upon the assistance of a facilitator recognized 
by all
      parties concerned as being a knowledgeable and fair intermediary.

      5. Based on the results of the assessment, the HLT may provide such 
advice and
      comments as it deems appropriate.

      6. The report of the HLT will promptly be made available to the 
Director-General
      and the Government and transmitted to the Governing Body for 
consideration at
      its November 2001 session.

      19 May 2001. (Initialled) U Soe Nyunt,

      Chairman of the Myanmar
      Negotiating Team.

      Francis Maupain.