"full of mirth and laughter and in

[darnott@xxxxxxxxxxx]

      (Extracts from a memorandum concerning the situation of human rights 
in Burma
      annexed to a Note verbale dated 9 March 2001 from the Permanent 
Mission of
      Myanmar to the United Nations Office at Geneva addressed to the 
secretariat of
      the Commission on Human Rights. This was issued as Commission document
      E/CN.4/2001/140 dated 21 March 2001)


      "The practice of forced labour is non-existent in the country, and 
has been
      effectively prohibited by culture, by practice and by law."
      (from the Introduction)

      "The populace, who are contributing labour,  look fresh and happy with
      full of mirth and laughter and in festive mood. They do  not at all look
      unhappy; nor do they show signs of being forced to work against their 
will.
      This is one of the strong and clear proofs of the difference between 
the East
      and the West." (from the section quoted below)


      Positive developments regarding the recommendations of the ILC

      "The Union of Myanmar with her recorded history of over three 
thousand years,
      is rich in culture and tradition. Among the traditional customs 
endeavoured in
      Myanmar since time immemorial and which is still in practice is the 
contribution
      of labour. Myanmar nationals believe that the contribution of labour 
is both
      meritorious and conducive to mental and physical well-being. 
Accordingly, the
      local populace contribute labour in village community works. 
Construction and
      maintenance of religious edifices like pagodas, monasteries and temples,
      constructions of roads, bridges, hospitals as well as digging and 
cleaning
      lakes, ponds, wells and irrigation systems. The populace, who are 
contributing
      labour, look fresh and happy with full of mirth and laughter and in 
festive
      mood. They do not at all look unhappy; nor do they show signs of 
being forced to
      work against their will. This is one of the strong and clear proofs 
of the
      difference between the East and the West.

      "As the areas which were once held by the armed groups are now 
peaceful, owing
      to the Government's national reconsolidation process, a large number 
of armed
      forces personnel are now assuming the full responsibility for the 
construction
      of new motor roads and railroads in the country. In the past, when 
insurgency
      problem was rampant in the country, the Armed Forces members have 
sometimes had
      to employ civilian labourers to transport equipment and supplies over 
difficult
      terrain in the remote areas during military operations. Wages and 
other basic
      needs were adequately provided to the labourers in accordance with 
the rules
      and relations of the country. Even such use of civilian labourers by 
the Armed
      Forces is not in practice now as almost all the armed groups have 
returned to
      the legal fold. The Government does not practise or condone the 
practice of
      forced labour.

      "But in recent years, there had been numerous allegations of the 
practice of
      forced labour in Myanmar and also that the relevant sections of the 
existing
      Village Act and the Towns Act of 1907, a legacy from the British 
colonial rule,
      were not compatible with the Forced Labour Convention 1930 (No.29).

      "Under the instruction of the Government of the Union of Myanmar, the 
Ministry
      of Home Affairs embarked on a review process in coordination with other
      Ministries either to amend or to supplement or to repeal the 
aforementioned
      two Acts to bring them in line with the changing situations and 
condition of
      the country.

      As a result of this review process, the Home Ministry issued Order 
No.1/99 on
      14 May 1999, which instructs the Village Tract and Ward Peace and 
Development
      Councils and other local authorities concerned not to exercise the 
powers under
      those provisions of the two Acts relating to requisition for personal 
services.
      As the Order 1/99 was issued under the Directive of the State Peace and
      Development Council, which is the law-making body of the nation, it 
has the
      full force of law. It is indeed law.

      "Various means were utilized to give the widest possible publicity to 
the Order
      by explaining about it to the local and international media, in 
addition to
      circulating it to the State bodies and local authorities concerned. 
Moreover,
      the Order was published in the official National Gazette on 25 June 
1999 - an
      official record where all laws, notifications, rules, regulations, 
directives
      and orders are officially published. This Order clearly stipulates 
that any
      person who fails to abide by the order shall have actions taken 
against him or
      her.

      "Furthermore, the Ministry of Home Affairs directed all local 
authorities
      concerned and all the police stations in the whole country to notify the
      Ministry of any complaint lodged for the breach of the Order.

      "In view of the above, it is quite clear that the positive and effective
      measures have always been taken in accordance with the recommendation 
of the
      Commission of Inquiry of the ILO Convention (29) of 1930. It is 
important to
      note here that the Commission of Inquiry recommended only to bring 
the Village
      Act and the Towns Act of 1907 in line with the ILO Convention (29). The
      recommendations do not specify the legal modalities of accomplishing 
this
      objective. As a matter of fact this objective has already been 
accomplished by
      the Myanmar authorities by the promulgation of Public Order 1/99 of 
14 May 1999.

      "As a long-standing member of the ILO, Myanmar has maintained the 
tradition of
      closely cooperating with the organization. To keep in line with this 
tradition,
      the Government of the Union of Myanmar has on 14 October 1999 invited a
      technical team of ILO to visit the country in order that the two 
sides could
      discuss issues of mutual interest.

      "Similarly, the Government also invited Dr. Payaman J. Simanjuntak of 
Indonesia
      to visit Myanmar in order that he may see first-hand the real 
situation on the
      spot and study the labour issues in the country."