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ECOSOC achieves consensus on its Burma resolution

Geneva, 25 July 2001

At 5 o'clock this afternoon (a las cinco de la tarde), in a ground-breaking 
decision, the United Nations Economic and Social Council (ECOSOC) adopted 
by consensus a resolution entitled "Developments concerning the question of 
the observance by the Government of Myanmar of the International Labour 
Organization Forced Labour Convention 1930 (No. 29)".

This resolution was in response to a request made by the Director-General 
of the International Labour Organization (ILO D-G) that ECOSOC "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 
[ILO] 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". The ILO D-G asked that these 
recommendations include requests, similar to those made by the 
International Labour Conference (ILC)  in 2000, that  governments and 
international organisations contribute to ending forced labour in Myanmar, 
review their relations with the country and take appropriate measures to 
ensure that these relations could not be used to abet, perpetuate or extend 
forced labour.

The resolution adopted today does not carry out the ILO D-G's request in 
full. It notes the 2000 ILC resolution and the ILO D-G's request to ECOSOC; 
the conclusions of the 2001 ILC,  including the special session on Burma; 
the proposed ILO high-level objective assessment  mission, whose report 
will be examined by the November meeting of the ILO Governing Body, and it 
requests the UN Secretary-General to keep ECOSOC informed of further 
developments in the matter.

The significance of the resolution is that it places the matter on the 
ECOSOC agenda for the forseeable future. We can therefore expect the issue 
to be taken up at next year's session, and if there has been no substantial 
move towards bringing forced labour to an end in Burma, then the request of 
the ILO D-G may be implemented in full, thus reinforcing the ILO "measures" 
which have been interpreted as authorising sanctions against Burma.

The reason ECOSOC did not take stronger action this year was nothing to do 
with Burma. It was rather that a number of governments feared that 
complying with the ILO D-G's request would set the "bad" precedent of 
introducing ILO standards into ECOSOC and thereby weaken the position of 
governments (the ILO is made up of governments, workers and employers, 
while decisions at ECOSOC and other UN bodies are made solely by 
governments) and expose them to greater criticism, particularly on 
violations of labour rights

Consensus on the draft resolution was only achieved by changing the 
original operative paragraph 4 from "Invites the Director-General of the 
ILO to keep ECOSOC informed of further developments in this matter" to 
"Requests the Secretary-General to keep the Council  informed of further 
developments in this matter". This change was presumably  seen as diluting 
the feared  influence of  ILO over ECOSOC. Be that as it may, and due in no 
small part to the skilled diplomacy of the Belgian EU Presidency, the 
result was consensus. In other words, every member of ECOSOC went along 
with the resolution, including the Asian members -- China, Indonesia, Iran, 
Japan, Nepal, Pakistan, Republic of Korea and Syria. If, as might have 
happened,  consensus had not been achieved,  there would no doubt have been 
a vote, though on a stronger text. That would, however, have polarised the 
members of ECOSOC over a question that was not, after all, really to do 
with Burma.


David Arnott (Burma Peace Foundation, Geneva)






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<font size=3D3>ECOSOC achieves consensus on its Burma resolution<br><br>
Geneva, 25 July 2001<br><br>
At 5 o'clock this afternoon (a las cinco de la tarde), in a
ground-breaking decision, the United Nations Economic and Social Council
(ECOSOC) adopted by consensus a resolution entitled &quot;Developments
concerning the question of the observance by the Government of Myanmar of
the International Labour Organization Forced Labour Convention 1930 (No.
29)&quot;. <br><br>
This resolution was in response to a request made by the Director-General
of the International Labour Organization (ILO D-G) that ECOSOC
&quot;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 [ILO] 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&quot;. The ILO D-G
asked that these recommendations include requests, similar to those made
by the International Labour Conference (ILC)&nbsp; in 2000, that&nbsp;
governments and international organisations contribute to ending forced
labour in Myanmar, review their relations with the country and take
appropriate measures to ensure that these relations could not be used to
abet, perpetuate or extend forced labour.&nbsp; <br><br>
The resolution adopted today does not carry out the ILO D-G's request in
full. It notes the 2000 ILC resolution and the ILO D-G's request to
ECOSOC; the conclusions of the 2001 ILC,&nbsp; including the special
session on Burma; the proposed ILO high-level objective assessment&nbsp;
mission, whose report will be examined by the November meeting of the ILO
Governing Body, and it requests the UN Secretary-General to keep ECOSOC
informed of further developments in the matter. <br><br>
The significance of the resolution is that it places the matter on the
ECOSOC agenda for the forseeable future. We can therefore expect the
issue to be taken up at next year's session, and if there has been no
substantial move towards bringing forced labour to an end in Burma, then
the request of the ILO D-G may be implemented in full, thus reinforcing
the ILO &quot;measures&quot; which have been interpreted as authorising
sanctions against Burma.<br><br>
The reason ECOSOC did not take stronger action this year was nothing to
do with Burma. It was rather that a number of governments feared that
complying with the ILO D-G's request would set the &quot;bad&quot;
precedent of introducing ILO standards into ECOSOC and thereby weaken the
position of governments (the ILO is made up of governments, workers and
employers, while decisions at ECOSOC and other UN bodies are made solely
by governments) and expose them to greater criticism, particularly on
violations of labour rights&nbsp; <br><br>
Consensus on the draft resolution was only achieved by changing the
original operative paragraph 4 from &quot;Invites the Director-General of
the ILO to keep ECOSOC informed of further developments in this
matter&quot; to &quot;Requests the Secretary-General to keep the
Council&nbsp; informed of further developments in this matter&quot;. This
change was presumably&nbsp; seen as diluting the feared&nbsp; influence
of&nbsp; ILO over ECOSOC. Be that as it may, and due in no small part to
the skilled diplomacy of the Belgian EU Presidency, the result was
consensus. In other words, every member of ECOSOC went along with the
resolution, including the Asian members -- China, Indonesia, Iran, Japan,
Nepal, Pakistan, Republic of Korea and Syria. If, as might have
happened,&nbsp; consensus had not been achieved,&nbsp; there would no
doubt have been a vote, though on a stronger text. That would, however,
have polarised the members of ECOSOC over a question that was not, after
all, really to do with Burma.<br><br>
<br>
David Arnott (Burma Peace Foundation, Geneva) <br><br>
<br><br>
<br><br>
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