News,
Personal Accounts, Reports & Analysis on Human Rights Situation
In
Electric Publication by
HUMAN RIGHTS FOUNDATION
OF MONLAND
The Mon Forum
ISSUE NO. 11/2002;
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CONTENTS
News:
(1) SPDC troops shot into a Mon village,
villagers got serious injuries,
(2) Land confiscation in the southern part of
Report:
(1) Forced Labour Related to Development
Projects and State Investment in Lower Part of
Some acronyms in this issue:
SPDC: State Peace and Development Council,
SLORC: State Law and Order Restoration Council,
BA: Burmese Army,
IB: Infantry Battalion (of Burmese
Army),
LIB: Light Infantry Battalion (of
Burmese Army),
KNU: Karen National
NMSP: New
NMLA: Mon National Liberation Army
ILO: International Labour Organization
COMMENTARY:
What is SPDC’s political will to eradicate forced labour
Since 1998
until 2002 with gradual steps International Labour Organization (ILO) have
technically involved with the Burmese military regime, SPDC, to eradicate the
practices of forced labour in the country accordingly to ILO’s Forced Labour
Convention, 1930 (No.29).
However the
implementation process by the regime and its armed force,
Burmese Army or tatmadaw have
been too slow. SPDC has not have strong
political will to eradicate forced labour in the country, because it is as a
common practices for both authorities and army, and therefore, they would not
like to abandon it. On the other hand,
forced labour or unpaid labour contribution by civilians make
much profit to them.
The
measurement of SPDC’s political will could be make from its information
dissemination of the eradication of forced labour in countrywide. Just setting up posters and sticking Orders
on the noticeboard are not so effective to illiterate
and ethnic people in the rural area who are mostly suffered from forced labour
for decades. On the other hand, lack of
law enforcement is another evidence that the regime
has no strong desire to implement ILO’s instruction.
If compared
with government authorities, members of Burmese Army still requisition forced
labour in various ways for their operation and troop deployment purposes. Forced labour by the members of Burmese Army
is requisitioned especially in portering for the military/paramilitary groups;
construction or repairs of military camps/ facilities; income-genating projects (farms, industry projects); and national
or local infrastructure project (railway or motor road) and many others.
Therefore, it is a time for the regime to obligate its promise to eradicate all practices of forced labour in Burma, and need to analyze its ‘political will’.
NEWS:
SPDC Troops Shot into a Mon Villages, Villagers Got Serious Injuries
(Southern Part Ye Township,
On
November 16, a joint force of Burmese Army (SPDC’s armed force) shot into a Mon
village, Khaw-za, in the southern part of Ye Township
and three Mon villagers seriously injured.
A
joint force of Burmese Army consisted of LIB No. 273, LIB No. 282 and LIB No.
267, which mostly from Yebyu and
On that day about
(1)
Nai Dot, Male, 43 years;
(2)
Nai Shwe Hman,
Male, 67 years; and
(3)
Mi Kun Prae,
Female, 55 years.
But no one died and no shell hit to any rebel soldiers. All three patients were brought to Ye Town
hospital on the same day to have medical treatment in the hospital.
One Mon splinter group led by Nai Bin and Nai Hlein,
has launched a military activity against Burmese Army in the southern part of
Ye Township area. Initially, the
Burmese Army’s troops from Ye area LIB No. 343 and IB No. 61 launched military
offensives against this rebel armed group, and they were seriously suffered in
an ambush attack in October. Therefore,
Southeast Command that bases in
Khaw-za village was big village with over 500 households, and the Burmese Army always suspected that village as a base of rebel soldiers. As the troops came from Tenasserim Division, they did not have much knowledge about the activity of rebel soldiers and believed their enemies were in the village.
Some
villagers believed there would be a punishment to villagers, because the
Burmese Army thought all villagers were the supporters of rebel group.
Land confiscation
in southern part of Mudon Township
(November 2002)
With
a purpose to build a Artillery Regiment in the
southern part of
Most
lands were grown with some rubber trees and the farmers planted them for
several years. The owners of lands are
Mon villagers from Set-thawe, Do-ma, Kalort-tort and Ah-bit villages, the army did not pay any
compensation cost to those who lost their lands.
Burmese Army also declared to village headmen in the area that as the location was strategic one, therefore, they needed to deploy artillery regiment. Most rubber plantations were near a hill and while the Burmese Army planned to deploy their artillery guns and motors they took the hill. However, to get support for foods and regular income, they also confiscated lands grown with rubber trees by the local farmers.
At
the same time, some authorities from forestry department also lied other
farmers that if they did not want to lose their lands to bribe them. Therefore, some farmers went and bribed. But many farmers did not pay and bribe,
because they believed that even they paid to authorities of forestry
department, the Burmese Army still could confiscate their lands any time.
Since
2000, Burmese Army confiscated many thousands acres of land from Mon farmers in
Ye Township to increase their troop number and deployed bases in there. Later, they planned to confiscate lands in
Mudon and
REPORT:
Forced
Labour Related to Development Projects and State Investment in Lower Part of
I. Continuation of requisition of forced labour
Requisition or conscription of forced labour (compulsory
labour) in
In 1948 although Burma became a member of United Nations and
State party of International Labour Convention, however, the successive
governments have not abolished the laws that against international standard of
labour rights. Although even during BSPP
era, the government and Burmese Army requisitioned many civilians to contribute
their labour, however, it was not known to the international community
well. In 1988, after BSPP ended in
power, the new blood of Burmese Army, State Law and Order Restoration Council
(SLORC) seized power of State from pro-democracy demonstrators.
During
SLORC era until it changed its name to the current one, SPDC (State Peace and
Development Council) in 1997, SLORC authorities and Burmese Army had
conscripted hundreds of thousands of civilians to contribute their labour in
construction of various motor roads, railway roads and long bridges in various
parts of
However the use of
compulsory labour by SLORC authorities was serious and the people in
II. Role of ILO in protection of forced labour
After
ILO’s Commission of Inquiry recommended about the Burma’s regime authorities
and its troops of Burmese Army have violated the provisions of the Forced
Labour Convention, 1930 (No. 29). International Labour Convention in 1998
strongly asked
Then,
the regime accepted ILO’s Technical Cooperation Mission in 1999 to review
judicial status on the constant use of forced labour and encourage to change or abolish some existing laws with objectives to
prohibit in judicial measure first.
Commission of Inquiry also pointed out that because of Provisions of
Village Act (1907) and Town Act (1907), which offered the authorities and army
to have power to requisition labour at the villages and towns. These laws were adopted since the British
colonial era and ILO had requested
ILO’s Committee of Experts on the Application of Conventions
and Recommendation also urged
Therefore, SPDC’s Ministry of Home Affairs again issued an
“Order Supplementary Order No. 1/99” and modified Order No. 1/99. In that order, it clearly put the
responsible persons such as ‘members of the local authorities and members of
the armed force’ to not requisition work or service in any situation except ‘an
emergency arises due to fire, flood, storm, earthquake, epidemic disease, war,
famine, and epizootic disease that poses an imminent danger to the general
public and the community’ (See in the Order Supplementary Order No. 1/99 on
page ).
Following the technical assistance of ILO, the dissemination
of these Orders were done by SPDC’s Ministry of Home Affairs to the regime’s
local administration departments belonged to Township and Village Tract Peace
and Development Councils and to all regiments and commands of armed force. It also encouraged SPDC’s top administrative
and law enforcement officials to sign ‘Prohibiting Requisition of Forced
Labour’ and let them disseminate the Orders through all levels of
administrative offices and police stations.
It also encouraged them to announce to general public through meeting in
late 2000. However the regime has
failed to announce these orders via mass media.
To assess whether SPDC and its all levels of authorities had
practically implemented ‘prohibition of forced labour’ accordingly to the
requirement of Conventions, Governing Body of ILO again sent a group of
High-Level Team in September 2001. In
three weeks assessment throughout Burma, High-Level Team found that in the
prohibition to the requisition of forced labour, it also needs to apply to
prohibit all types of demand for money and materials despite of labour;
dissemination of Orders’ information to non-Burman ethnic people in the
frontier area has been not so effective; and law enforcement to give punishment
to violators of Orders have not been really taken place in various courts in
Burma.
Because of slow progress in elimination of forced labour in
In third week of October 2002, she commended that:
“We
need to make some progress, to show some practical measures, before the next
(ILO’s) Governing Body meeting in March 2003”. (From
III.
Review the Past in Reality
There are some uncovered obstacles for ILO and the regimes
in the implementation of eradication of forced labour. The first one the ‘political will’ of the
regime and another is ‘lack of rule of law’ in
Since 1998, it has been nearly four years until now, the
regime has given only ‘promise and promise’ to fight against forced
labour. In the views of worker unions
and human rights groups over the world, the regime, SPDC, is not sincere to ILO
and they really do not have strong political will in eradication of forced
labour.
Firstly, the regime and its authorities have not actively
involved in the implementation and again, they increased the collection of
money from the civilians after they could not get unpaid labour from the
civilians like before. In many cases,
to say somethings to ILO officials that there was no
forced labour, the authorities forced the civilians to sign in documents or to
have their voices in tape-recording.
After announcement of Order No. 1/99 and Order Supplementary
Order No. 1/99, in 1999 and in late 2000, the authorities and army officers
have avoided to openly requisition of labour from the civilians, but have used
many indirect way of forcing the civilians.
While the authorities or army officers tried to conscript forced labour
from the civilians, they just called a low profile meeting with village and
village tract headmen and ordered through them. They avoided issuing any document or paper
order that described requisition of forced labour.
Again, the regime authorities and army officers even used a
term in Burmese word ‘that we still could use forced labour in a clever way’. That meant the higher authorities or SPDC
top leaders also knew the requisition of forced labour was not really
implemented in township, village tract and village levels, but they normally
blinded their eyes. In the examination
of the report of the High-Level Team in November 2001, ILO’s The Worker
Vice-Chairperson pointed out that:
“What
the report in fact showed was that not much had changed in
The problem is also related to the ‘rule of law’ in the
country. Since the regime, SLORC/SPDC, came into power, because of abuse of power conducted
by State authorities and members of armed force, Burmese Army, judicial system
had been absolutely under the control of high rank army officials in the area
concerned. Whenever
their subordinate army commanders committed against any laws, they always to
protect their men. That has taken
root as a prominent practice among the ruling officials and no one have been punished for their violations.
Even in the area where the absolute control of SPDC, the
members of armed force or the regime authorities could violate any type of laws
and human rights, and considerably, how they participated in violation of
requisition of forced labour in rural areas, in their semi-controlled areas and
conflict area.
Therefore, in late 2002, the regime authorities and members
of Burmese Army have constantly requisitioned forced labour in development
‘national and local infrastructure’ projects, State investments and for the
military operations.
As Part I of Forced Labour report, the following accounts
are how SPDC’s various levels of authorities and members of Burmese Army have
involved in requisition of forced labour related to development projects and
investments.
IV.
Forced labour in local infrastructure projects
A. Digging water canal in Kyamayaw Township,
During the period from July 5 until
The road was about four miles long and above-mentioned villages
are close to the motor road. After the
instruction of village tract PDC order, the village headmen in the village
concerned have to manage to send the requested number of villagers. They sent about 20 villagers from each
village every day to work sites. The
villagers were requisitioned by village PDC authorities on a rotation basis to
contribute their unpaid labour. There
were about 80-120 villagers every day working in digging water canal.
The villagers left to work early morning by foot and started
working of digging canal along the motor road about
These four Mon villages have about 2000 households. When the authorities made a requisition, at
least one family member of every household, including some women went and
worked in work site. As the instruction
came every household needed to work, even the widow or women-headed families
were forced to be in work sites.
Additionally, the village authorities also collected 300
Kyat tax from every household in four villages with a reason for their expenses
in the road construction. Their reason
of collecting that fund was to use travel expenses of their supervisors.
July was the beginning of rainy season and the authorities
worried that the rain water would destroy the embankment of the road, and
therefore, they ordered the villagers to dig water canals to bring rain water
along them.
B. Labour of town beautification
in Ye Town,
On
The Town Ward PDC authorities managed in sending the
civilians to do pieces of works in town.
Again they managed sending the civilians from every household on a
rotation basis.
In addition, the civilians were also forced in clearing
bushes, creating gardens, leveling grounds, and other works in various
compounds of government offices, such as Township’s General Administration
Office, Township Police Station, Township Fire Brigade, Telecommunication
Office and other places even Township Municipal Office.
To have an opportunity saying that they also involved in
contributing unpaid labour in town beautification, a little number, about 20
men of staff from various departments did work together with many hundreds
civilians. The authorities in town that
was not loke-ar-pay (forced labour) and all civilians
including them involved in voluntary labour contribution for town
beautification and outing mosquitoes and other insects to not raise in surrounding area of the town.
However, Town residents did not satisfy to Township PDC
authorities for that requisition of labour and they would not like to accept
that was voluntary labour. Because town
residents paid money or tax to Township Municipal Office every month for the
purpose of beautification of the town, but the municipal authorities not really
hired the labourers to do beautification activities in town.
Normally, in July, the rainy season already started and
small grasses in various places had grown in town and various water canals were
full with garbage, small streams could not flow well because it was full with
dirt or garbage. In reality, as the
civilians already paid money for these activities, they believed Township PDC
authorities should not requisition labour from the civilians.
C. Road repairs in Kyaikmayaw
Township,
SPDC’s
Thus it could be easily ruin in every year rainy season and
they planned to repair them. Therefore,
to prevent further ruin in coming rainy season, the authorities forced the
villagers along the motor road to carry some small stones and filled on the
embankment of that road.
Since July 9, 2002, the authorities have forced the
villagers from Myaing-gone, Chan-gone, Shan-gyi, Shan-lay, Moe-hote, Kaw-kalat, Oo-daing-chone and others to find one type of small red stones
and let them filled on the embankment of the road. The villagers had to find that type of
stones in forests nearby. They dug these
stones and carried them with oxen-carts to reach the road. Then they have to fill these small red
stones onto embankment.
The villagers had to work in these works for over one month
and therefore, the village headmen from above-mentioned villages have to manage
to send the villagers on a rotation basis.
Additionally, they also had to find oxen-carts in the villages and sent
together with villagers. Both villagers
and oxen-carts went into forest and found the stones. Then they carried them to road and again the
villagers had to build the road.
D. New road construction in Yebyu
Township, Tenasserim Division
In mid-July 2002, Yebyu Township authorities from the
construction department led by U Maung Maung planned
to build a new road that connect two villages, from Mu-doo
village to Htein-gyi village, they also requisitioned the villagers from the
area nearby to contribute their labour in the construction. The road was only 5 miles. But the authorities and Burmese Army planned
to have communication between these villages for the security of the whole
area.
After Township PDC gave order, a military commander from LIB
No. 407, Warrant Officer Zat Boe
had to take responsibility in conscription of villagers from various villages
in the area.
On
According to the commander, he ordered to the village
headmen that each household must complete building of 10 feet length motor
road. There were about 500 households
in that village and they ordered they must complete 5000 feet length of the
road. He ordered every household must
involve in the construction of this road.
Similarly to this village, the commander also went to another
villages, Napalae and Mu-doo,
and forced the villagers to do the same piece of work as Htein-gyi
villagers.
Piece of work in the construction was: every house must
complete clearing the route, lay sands at bottom layer, find stones from another places, crash into small pieces and then lay on the
set embankment. The width of embankment
was about 12 feet.
Accordingly to a villager interviewed by HURFOM human rights
reporter, he said the villagers could not get any sand and stone that needed to
lay on the road embankment and they went to other
places. Thus, they hired oxen-carts or
trucks to carry these building materials to the construction. They had to pay for transportation cost at
rate 1200-3000 Kyat for an half ton of sand or
stone. Depending on the distances, the
price for transport of these materials varied.
For every 10 feet of road, each household had to fill about
half ton of sands and two tons of stones.
When the stones reached to the designated places, they also had to crash
into small pieces before they laid them onto embankment. To complete the whole piece of work, one
able-bodied man needed to do at least three days. If the villagers had to carry stones from far
places, they needed about seven days to complete the construction.
On the other hand, each family had to spend 5000-10000 Kyat
money in this road construction and at the same time, they lost chance to go
their farms or to do their own works for daily income. Their daily income for one man in this area
was only 500-800 Kyat if they engaged in hard work. This construction of the road and additional
transportation cost made the villagers to face more difficulties in their
survival.
E. Forced labour in Ye-Tavoy motor road
repairs
Starting from October 8 until 25, a local military battalion
in Yebyu Towship, LIB No. 282 has forced many
hundreds of Mon and Karen people in Ye-Tavoy motor road repairs.
This
motor road is over 100 miles long and connects Ye Town in
LIB
No. 282 commander, Lt. Col. Maung Aung led in the conscription of forced labour
from local villages, which situates along the motor road. The villagers from over 15 villages under
Yapu, Aleskan, Kalein-aung and Pauk-pin-gwin
village tracts of
The
conscripts were forced in works laying stones (to be ready for tarring), digging water canals alongside of the road, clearing
bushes and grasses alongside of the road and repairing some bridges.
Villagers
were instructed to carry their own foods from their homes and walked to work
site every day if they were close. By the
instruction of the army commander, the village headmen asked one villager from
each household to contribute their unpaid labour. Piece of work for the villagers is: 3
villagers must complete all works laying stones; digging canals; and clearing
grasses and bushes in 1 furlong length of the road.
According
to a villager from Aleskan village, they were ordered to work for 7 days in the
work site to complete the duty. If the
work site was far from their villages, the villagers also had to travel by ferry
to reach there. They also had to pay
ferry cost, 700-1400 Kyat depending on distance from their villages to work
sites. As they have to work for many
days they also slept in army barracks at night.
In
some houses, if men were working in farms, the women and children (under 18
years old) had to go instead of their fathers.
If one house could not go, they had to hire a substitute by paying 5000
Kyat for the whole work duty or for 7 days works.
The village headmen managed on a rotation basis in sending
the villager labourers to work site. If
they failed to manage they must be punished by Burmese Army. At least one member of every family had to
work in the work site. The road repairs completed on October 25.
During the repairs of this motor road, the village PDC
authorities, who led the requisition of forced labour never
paid any compensation cost for those who received serious injury.
As an instance,
On
October 20, the village headmen of Kye-ta-lin
village, which locates on the motor road, ordered 4 villagers in his village to
repair a bridge on the motor road, while many other villagers were busy with
many other works along the motor road.
When the headman ordered 4 households and he also included one widow
headed family and so the widow sent her 22 years old son, Mehm Anae to work in bridge building.
Before
they could repair a bridge, first they had to find building wooden materials,
especially wooden poles and lumbers.
And so, they went to forests and cut trees. Because of the young man had no experience
in cutting trees, a branch of falling tree accidentally hit the man and his
rights leg was totally broken. Then he
was treated by a local herbal doctor for over one month and her poor mother had
to pay about 50, 000 Kyat totally for treatment. But no compensation or
medical treatment cost was not provided by the authorities.
V.
Forced labour in State investment (or in Kanbauk-Myaingkalay Gas-Pipeline)
Since 1999-2000, SPDC authorities, Myanmar Oil and Gas
Enterprises (MOGE) and Ministry of Construction, had built a gas-pipeline that
connected Kanbauk gas station and Myaingkalay, a village in Pa-an Township of
Karen State (See in the map). The
purpose of construction of this pipeline was to supply necessary gas energy to
an extent cement factory invested by a Japanese company. SPDC exported a large amount of cement from
this factory to Japan, accordingly to contract.
Due to urgent requirement of gas energy, the authorities
constructed this pipeline within three months during 2000. And, they could bring energy to the factory
in 2001. Because of quick construction
and no reliable construction materials, the gas pipeline often exploded and
crated dangerous situation for the local people.
As Burmese Army could not take total security along pipeline
route, it was also exploded by rebel army in early 2002 and SPDC suspected KNLA
for that explosion. The local SPDC
authorities and Burmese Army in the area concerned have great concern for another
attack and they tried to protect pipeline as much as possible. Since early May 2002, the authorities and
army battalions in various areas had forced the villagers from villages which
located close to pipeline to guard it.
First the authorities and army forced the villagers to build huts in
every 500 meters along
(See in The Mon Forum Issue No. 7/2002,
The following accounts are the conditions of the requisition
of forced labour by authorities and army commanders along Kanbauk-Myaingkalay
gas pipeline during the period from July to November 2002.
Instance (1)
On
July 29, 2002, Burmese Army’s LIB No. 31 commander, Maj. Lu Aye called a
meeting with headmen from 30 villages in the southern part of Mudon Township
and most villages in Thanbyuzayat Township, in their base in Thanbyuzayat
Town. The purpose of the meeting was to
discuss about the security of gas pipeline.
Most village headmen in the meeting came from the villages that closed
and situated along gas pipeline route.
In
the meeting, the commander expressed his concern that about the possible attack
to gas pipeline. He explained that if
the pipeline was attacked and cut in one place, gas could not be possible
brought and the cement factory would face shortage of energy supply. Therefore, the State must lose its huge
amount of income from selling cement products.
So, he said that the civilians have responsibility to help the
authorities and army to guard pipeline as ‘good citizens’.
He
instructed the village headmen to inform paddy cultivated farmers that they had
responsibility to guard pipeline and if they found some strangers or suspected
rebel soldiers in any area or strange things near pipeline, they must need to
inform to village headmen. Then, the
headmen needed to inform the nearest military outpost. He said that if they delayed to inform or if
the gas pipeline was exploded near their farms, those farmers must face
punishment.
Because
of this order, the farmers in the area automatically became the guards of the
pipeline, although the commander did not have to issue any written order.
By looking the above instance, the authorities or army
commander always tried to avoid issuing direct order to villagers in the
requisition of forced labour. They
tried to cover their requisition as much as possible and thus, they called a
meeting secretly with village headmen and instructed through meeting. The most careful thing they did was they
never issued any identical evidence of documents or orders related to the
requisition of forced labour.
But in some places, where the locations were too vulnerable
to be attacked by the rebel soldiers, the commanders conscripted forced labour
for such locations. They directly
ordered village headmen nearby and let them manage to send villagers on a
regular basis.
Instance (2)
About
10 kilometers in the southern part of
Those
walking villagers needed to watch the strangers or rebel soldiers and explosive
substances along the route, and if they found something wrong, they must have
to inform to the nearest military outpost or the militia force. Sometimes, the troops of Burmese Army
arrived to the area, but most of the time, the villagers have to take
responsibility for the security of pipeline.
The
villagers from Sakan, Sot-palaung
and Wae-ka-mi villages were forced since May 2002 to walk along the pipeline
route. Each village had to provide two
villagers and they were provided with some duty to walk in the set place. When the villagers were forced along the
pipeline route, they were also ordered to bring knives. If they found the suspected they also had to
dig with their knives. So it was too
dangerous duty for the villagers.
Sometimes, when the troops of Burmese Army planned to cover
the news for their requisition of forced labour, they also conscripted the
villagers in the evening and night time to do work. While they conscripted the labour from the
villagers or headmen, they suddenly called a meeting with village headmen and
then ordered them to send some villagers urgently. Normally, they conscripted labour in large
number within one day and tried to complete all of the works they set along the
gas pipeline route.
Instance (3)
After
rainy season (in October 2002) some parts gas pipeline embankment
were destroyed because of rain and water flood. Some parts of pipeline exposed although the
pipeline was immersed under earth. Or,
in some places due to grasses and small trees grown last rainy season the
pipeline covered with these bushes and the army ordered the villagers to clear
all grasses and small trees. Because the covered pipeline route could be vulnerable to be
demolished.
In
the third week of October 2002, the Burmese Army’s joint force LIB No. 586 and
IB No. 61, that base in the northeast part of Ye
Township forced the villagers from Kyone-paw and Sin-gyi villages to contribute
their labour, in various works along pipeline route. The soldiers ordered one village from each
house must go and work.
Accordingly
to a woman from Sin-gyi village, who worked in the pipeline
said that the whole villagers were forced to start working from
As most villagers thought the work would be stopped working
at
The
works in the gas pipeline route were: to cover the pipeline route with earth
and to clear small grasses and trees along the route. In a designated part of pipeline route, they
had to find which parts of pipeline’s embankment were tided by flood and then
they had to fill them with earth. Again,
outside of pipeline route, they had to clear grasses and bushes, because the
soldiers believed that the rebels could easily hide in those places and make
attack to gas pipeline.
Accordingly
to a village headman from the area, besides a huge number of villagers were
forced for a few days, little number of villagers were
also forced to guard on a regular basis.
At least two villagers from each of above villages have been constantly
forced to guard the pipeline route.
Since the construction of gas pipeline, first the civilians
along the pipeline lost their lands.
Then they have been constantly suffered from various impacts on their
livelihood because the pipeline passes through into their paddy growing farms. Since the beginning of construction until
now, the civilians have suffered from the constant conscription of forced
labour. In most cases of requisition of
forced labour, various battalions of Burmese Army have involved.
---------------------
Order
Supplementing Order No. 1/99
The Government
of the
The Ministry
of Home Affairs,
(
Order
supplementing Order No. 1/99
The Ministry of Home Affairs of the Government of
the Union of Myanmar, under the direction of the State Peace and Development
Council, hereby directs that the following amendment shall be made to Order No.
1/99 dated 14 May 1999 as requisition of forced labour is illegal and is an
offence under the existing laws of the Union of Myanmar.
1.
Clauss 5 of the said Order 1/99 shall be substituted with
the following;
(a)
Responsible
persons including members of the local authorities, members of the armed
forces, members of the police force, and public service personnel shall not
requisition work or service notwithstanding anything contained in sections 7
(1) and 9 (b) of the Towns Act, 1907, and sections 8(1) and 11(d) of the
Village Act, 1907.
(b)
The
above clause (a) shall not apply to the requisition of work or service when an
emergency arises due to fire, flood, storm, earthquake, epidemic disease, war,
famine and epizootic disease that poses an imminent
danger to the general public and the community.
2.
When
the responsible persons have to requisition work or serivce
for purposes mentioned in clause 1(b) of this Supplementary Order the following
shall be complied;
(a)
The
work or service shall not lay too heavy a burden upon the present population of
the region.
(b)
The
work or service shall not entail the removal of workers from their place of
habitual residence.
(c)
The
work or service shall be important and of direct interest for the community. It
shall not be for the benefit of private individuals, companies or associations.
(d)
It
shall be in circumstances where it is impossible to obtain labou
by the ofter of usual rates of wages. In such
circumstances, the people of the area who are participating shall be paid rates
of wages not less favourable than those prevailing in the area.
(e)
schoolteachers and pupils shall be exempted from
requisition of work or service.
(f)
In
the case of adult able-bodied men who are the main supporters of the necessition food, clothing and shelter for the family and
indispensable for social life, requisition shall not be made except only in unavoidable
circumstances.
(g)
The
work or service shall be carried out during the normal working hours. The hours
worked in excess of the normal working hours shall be remunerated at prevailing
overtime rates.
(h)
In
cass of accident, sickness
or disability arising at the place of work, benefits shall be granted in
accordance with the Workmen’s Compensation Act.
(i)
The
work or service shall not be used for work underground in mines.
3.
When
the responsible persons have to requisition work or service for purposes
mentioned in clause 1(b) of this Supplementary Order, they shall do so only
with the permission of the Deputy Commissioner of the General Administration
Department who is also a member of the relevant District Peace and Development
Council.
4.
The
State or Divisional Commissioner of the General Admenistration
Department who is also a member of the relevant State or Divisional Peace and
Development Council shall supervise the responsible to abide by the Order No.
1/99 and this Supplementary Order.
5.
The
phrase ‘’Any person who fails to abide by this Order shall have action taken
against him under the existing law” contained in clause 6 of the said Order No.
1/99 means that any person including local autorities,
members of the armed forces, members of the police force and other public
service personnel shall have action taken against him under section 374 of the
Penal Code or any other existing law.
(Signed) Col. Tin Hlaing,
Minister, Ministry of Home
Affairs
Information about Human Rights Foundation of
Monland
&
Invitation for feedback from readers
Dear Readers,
Human Rights Foundation of Monland (HURFOM) was
founded in 1995, by a group of young Mon people. The main objectives of HURFOM are:
- To monitor human rights situations in Mon territory
and other areas southern part of
- To protect and promote internationally recognized
human rights in
In order to implement these objectives, HURFOM has
produced “The Mon Forum” newsletters monthly and sometimes it has been delayed
because we wait to confirm some information.
We apologize for the delay.
However, we also invite your feedbacks on the
information we described in each newsletter and if you know anyone who would
like to receive the newsletter, please send name and address to our address or
e-mail as below:
HURFOM,
E-mail: [email protected]
Website: http://www.burmalibrary.org/show.php?cat=1208&lo=d&sl=0
With regards,
Director
Human Rights Foundation of Monland