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Exploring Intersections of Trafficking in Persons Vulnerability And Exploring Intersections of Trafficking in Persons Vulnerability and Environmental Degradation in Forestry and Adjacent Sectors Case Studies on Banana Cultivation and Informal Logging in Northern Burma August 2020 This report was made possible through the generous support of the United States Department of State’s Office to Monitor and Combat Trafficking in Persons (J/TIP). The opinions expressed herein are those of the author(s) and do not necessarily reflect the views of the United States Department of State. Verité® provides the knowledge and tools to eliminate the most serious labor and human rights abuses in global supply chains. Copyright © Verité 2020 Verité, Inc. 44 Belchertown Road Amherst, MA 01002 USA verite.org Table of Contents Acknowledgements 5 Acronyms 6 Executive Summary 8 Introduction 17 Methodology 18 Analytic Framework 18 Trafficking in Persons and Forced Labor Definitions 20 Application of ILO’s Forced Labor Indicators 21 Research Process 22 Burma Country Background and National Contextual Factors 25 Economic and Human Development 28 Labor Vulnerability 31 Land Access and Displacement 33 Corruption 34 Forests in Burma 34 Case Study: Labor, Social, and Environmental Risks in Banana Cultivation in Kachin State 40 Methodology 42 Kachin State Contextual Background 46 Findings Regarding Labor Conditions on Banana Plantations in Kachin State 57 How bananas are grown in Kachin State 59 Types of Employment on Plantations 60 Assessment of Working Conditions and Indicators of Trafficking in Persons and Forced Labor Risk on Banana Plantations 64 Wages 66 Hours and Days of Rest 71 Freedom of Movement 74 Health and Safety 75 Child Labor 79 Living Conditions 80 Freedom of Association 81 Grievance Systems 81 Labor Inspection of Agricultural Plantations in Waingmaw Township 81 Impact of Banana Plantations on Surrounding Communities 82 Community Health and Livelihoods 82 Impact of Banana Plantations on Out-Migration 84 Conclusion and Recommendations 85 Case Study: Labor, Social, and Environmental Risks in Small-Scale Informal Logging in Northern Burma 93 Methodology 94 Overview of Informal and Illegal Logging in Burma 98 Findings on Labor Conditions for Workers in Small-Scale Informal Logging in Northern Burma 104 Wages and Payment Structure 108 Hours 111 Health and Safety 111 Living Conditions 113 Child Labor 113 Link between Labor Vulnerability and Environmental Push Factors 115 Conclusion and Recommendations 117 Annexes 119 Annex 1: Labor Law Framework and Enforcement Mechanisms 119 Annex 2: Government and International Initiatives Related to Forests, Environmental Degradation and Climate 123 Annex 3: Forest Frameworks and Community Forestry Instruction 128 Annex 4: Relevant Land Designations in Burma 131 Annex 5: A Summary of Forest Legal Reforms in Burma 132 Annex 6: Requirements of Companies Investing in Agriculture 135 Endnotes 139 Attributions 172 Acknowledgements This report was made possible through the generous support of the United States Department of State’s Office to Monitor and Combat Trafficking in Persons (J/TIP). The opinions expressed herein are those of the author(s) and do not necessarily reflect the views of the United States Department of State. This report was written by Max Travers, who served as Lead Researcher on the report with Joe Falcone. Field research for the two case studies was carried out by Htoi Awng Htingnan and Yamin Shwe Zin. Allison Arbib edited the report. Stephanie Leombruno performed background research and assisted in the write up of findings. Lawrence David, Julie Sobkowicz Brown, and Carrie Schwartz assisted with design and layout of the reports. Erin Klett provided oversight and management of the broader initiative. This research would not have been possible without the hard work and dedication of Verité’s field research team in Burma. The research also benefited from the input of countless NGOs as well as environmental and worker advocates, who shared their time and expertise. Lastly, and most importantly, Verité would like to thank the workers who shared their time, experiences, and perspectives with researchers. Acronyms AAC: Annual Allowable Cut ATIPD: Anti-Trafficking in Persons Division BGF: Border Guard Force CBTIP: Central Body for Suppressing Trafficking in Persons CF: Community Forestry CFI: Community Forestry Instruction CFUG: Community Forest User Group CSO: Civil Society Organizations EAO: Ethnic Armed Organization ECD: Environmental Conservation Department EIA: Environmental Impact Assessment EIAD: Environmental Impact Assessment Division EMP: Environmental Management Plan EUTR: European Union Timber Regulation FAO: Food and Agriculture Organization FD: Forestry Department FDG: Focus Discussion Group FSC: Forest Stewardship Council HHP: Highly Hazardous Pesticide ICLS: International Conference of Labour Statisticians IDP: Internally Displaced Person IEE: Initial Environmental Examinations ILO: International Labour Organization J/TIP: Office to Monitor and Combat Trafficking in Persons (U.S. Department of State) KIA: Kachin Independence Army KIO: Kachin Independence Organization KNU: Karen National Union LSECNG: Land Security and Environmental Conservation Networking Group MCCSAP: Burma Climate Change Strategy and Action Plan MEITI: Myanmar Extractives Industries Transparency Initiative MFCC: Myanmar Forest Certification Committee MIC: Myanmar Investment Commission MIL: Myanmar Investment Law MIR: Myanmar Investment Rules MMK: Currency of Burma MOALI: Ministry of Agriculture, Livestock and Irrigation MOLIP: Ministry of Labor, Immigration and Population MONREC: Ministry of Natural Resources and Environmental Conservation MTE: Myanmar Timber Enterprises MTLAS: Myanmar Timber Legality Assurance System NCA: Nationwide Ceasefire Agreement NGO: Non-Governmental Organization NRC: National egistrationR Card NTFP: Non-timber Forest Product OSH: Occupational Safety and Health PCD: Pollution Control Division PEFC: Programme for the Endorsement of Forest Certification Schemes PFE: Area of Permanent Forest Estate PPD: Plant Protection Division PPE: Personal Protective Equipment TIP: Trafficking in Persons USDOL: U.S. Department of Labor VFV: Vacant, Fallow and Virgin (as designated under VFV Lands Management Law) VPA: Voluntary Partnership Agreement Executive Summary Previous research in the field of human rights and development has examined how the use of exploited labor – including labor as the result of human trafficking – can contribute to deforestation. There is a parallel field of literature that documents the impact that environmental degradation and deforestation can have on human populations. What both of these spheres lack, however, is documentation of the specific patterns of labor exploitation, human trafficking, and child labor experienced by workers directly involved in forestry and/or adjacent sectors, as well as the means by which deforestation can create vulnerabilities to human trafficking. The following executive summary presents findings from two case studies conducted in Burma1 on the intersection of labor, environmental, and social risks in sectors linked to deforestation. To ground an understanding of the intersection of human vulnerability and deforestation within the specificities of the political, social, and economic contexts of Burma, Verité carried out original research in two different sectors: large scale agribusiness in the form of banana plantations in Kachin State and informal logging in northern Burma. This research in Burma is part of a larger Verité exploratory project to examine the intersection between environmental degradation and vulnerability to trafficking in persons and other labor abuses through a set of case studies in different sectors and geographies. In both case studies, Verité conducted interviews with workers and expert informants, triangulating information with thorough literature reviews. A qualitative approach to this research, undertaken by culturally competent researchers, allowed for holistic description of the nature of risk to trafficking in persons and associated forced labor or other labor abuses, and the relationship of those abuses to the local environmental context encountered by communities. It allowed interviewed workers and experts to describe, in their own words, the factors that pushed them to seek their jobs, the factors that compelled them to accept exploitive working conditions, and the links to implications of environmental degradation on their community’s survival. 8 Exploring Intersections of Trafficking in Persons Vulnerability and Environmental Degradation in Forestry and Adjacent Sectors Forests are critically important to the rural population in Burma. They protect farmland, supply food and firewood, and provide direct employment in the forestry sector. At the same time, these forests have been under notable threat, with Burma Forests are critically important having the third highest rate of deforestation to the rural population in Burma. globally.2 The population in Burma is highly They protect farmland, supply food vulnerable, living in the context of a long and firewood, and provide direct history of internal armed conflict, high levels employment in the forestry sector. of poverty and landlessness or displacement, and an emerging democracy still struggling with human rights abuses. While environmental degradation and vulnerability to trafficking in persons in Burma have been well documented, there is less understanding on how the two forces intersect in specific contexts. Labor, Social,
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