International Labour Conference 28 Provisional Record PART THREE Ninetieth Session, Geneva, 2002 THIRD PART Special sitting to examine developments concerning the question of the observance by the Government of Myanmar of the Forced Labour Convention, 1930 (No. 29) CONTENTS Page A. Record of the discussion in the Committee on the Application of Standards . 2 B. Observation of the Committee of Experts on the Application of Conventions and Recommendations on the observance of the Forced Labour Convention, 1930 (No. 29) by Myanmar . 11 C. Other developments concerning the question of the observance by the Government of Myanmar of the Forced Labour Convention, 1930 (No. 29) . 26 D. Report of the High-Level Team (Governing Body documents GB.282/4 and GB./282/4/Appendices) 36 E. Minutes of the discussion in the Governing Body (at its 282nd Session) on developments concerning the question of the observance by the Government of Myanmar of the Forced Labour Convention, 1930 (No. 29) (Governing Body document GB.282/PV) . 97 F. Report of the ILO technical cooperation mission to Myanmar (19-25 February 2002) (Governing Body document GB.283/5/2) . 111 G. Further developments following the return of the ILO technical cooperation mission (Governing Body document GB.283/5/3) . 141 28 Part 3/1 A. RECORD OF THE DISCUSSION IN THE COMMITTEE ON THE APPLICATION OF STANDARDS The Chairperson recalled that this special sitting was being held Myanmar and the ILO in this respect have been fully reported by to determine whether Myanmar was complying with its obligation Mr. Leon de Riedmatten in document No. C. App./D.6 (Corr.). The to give effect to the provisions of the Forced Labour Convention, speaker considered that, on the whole, Mr. Leon de Riedmatten’s 1930 (No. 29). This item had been placed on the Committee’s agen- report was positive, factual and fairly balanced. The significant de- da pursuant to paragraph 1(a) of the resolution adopted by the velopments and positive measures taken by the Government of Conference at its 88th Session, under article 33 of the ILO Constitu- Myanmar outlined in this report clearly demonstrated the consis- tion, with a view to the adoption of measures to ensure compliance tent political will and the firm commitment of the Myanmar autho- with the recommendations of the Commission of Inquiry esta- rities to continue their efforts for the elimination of forced labour in blished for that purpose. The resolution of the Conference stated the country. To this end, the Myanmar Government was doing its that: “The question of the implementation of the Commission of utmost by taking effective measures systematically and step by step. Inquiry’s recommendations and of the application of Convention The speaker stressed that there are certain things to be accom- No. 29 by Myanmar should be discussed at future sessions of the plished by Myanmar and also certain things which need to be ac- International Labour Conference at a sitting of the Committee on complished by the international community. The second aspect has the Application of Standards specially set aside for the purpose, so been rightly highlighted by the High-Level Team in section 6 of its long as this Member has not been shown to have fulfilled its obliga- report. The High-Level Team underscored the importance of eco- tions”. nomic modernization, consistent political will of the authorities and For the examination of this case, the Committee had before it the engagement of the international community. It also stressed the following documents: (1) the observation of the Committee of that the international community should be of assistance in the pro- Experts on the Observance of Convention No. 29 by Myanmar (re- cess. As the earnest endeavours of the Government of Myanmar produced below under B); and (2) document C. App./D.6(Corr.), had made further progress, the international community should on “Other developments concerning the question of observance by respond positively to these significant steps. The speaker hoped the Government of Myanmar of the Forced Labour Convention, that these steps will pave the way for a review of the question of 1930 (No. 29)” which contains the report of the interim Liaison Of- removing all the measures taken against Myanmar under article 33 ficer (reproduced below under C); and document C.App./D.7, con- of the ILO Constitution. The Government of Myanmar attached taining Governing Body documents GB.282/4 (Report of the High- great importance to the process of dialogue and cooperation with Level Team), GB.282/PV (Minutes of the discussion in the the ILO. This process was working well, and has produced tangible Governing Body at its 282nd Session)), GB.283/5/2 (Report of the results. The speaker hoped to sustain and carry it forward in order ILO technical cooperation mission to Myanmar) and GB.283/5/3 to resolve the issue and achieve the aforementioned objective. (Further developments following the return of the ILO technical The Worker members took note of the statement of the Govern- cooperation mission) (all reproduced below under D to G). ment representative according to which the situation had improved. A Government representative of Myanmar stated that Myan- They urged the Government to understand that the initiatives and mar was going through a process of political, economic and social changes which had been mentioned should be appraised by the ILO changes, with very encouraging political developments recently and that the Organization should be in a position to evaluate the which have been welcomed by the international community. The application of Convention No. 29, especially to assess in an objecti- speaker stated that the Government had several measures to re- ve and impartial way the implementation of the adopted measures port, which had been taken between the 89th Session of the Inter- and their real impact on forced labour in Myanmar. The elements national Labour Conference last year and the present ILC in June available for the time being did not lead to the conclusion that the 2002, and which had been significant and sustained. situation was improving. Forced labour ravaged the country for The speaker stated that one important development after the many years and the search for a solution was very difficult in the 89th Session of the ILC was the visit of the ILO High-Level Team to ILO as in other international organizations. This special session was Myanmar from 17 September to 6 October 2001. The High-Level part of the global approach adopted by the ILO in the face of the Team acknowledged in its report a certain decrease in the incidents situation. of forced labour. It also reported that in contrast to the situation The Worker members recalled that independently of docu- reported in 1998 by the Commission of Inquiry, the High-Level ments D.6(Corr.) and D.7, the Conference Committee on the Ap- Team found no indications of the current use of forced labour on plication of Standards relied in the first place on the report of civil infrastructure projects. The High-Level Team also made some the Committee of Experts, without necessarily excluding all the recommendations on ways to resolve the issue. new information. Another significant development mentioned by the speaker was The Worker members wished that this case would continue to be the appointment of the interim ILO Liaison Officer in Myanmar, examined as long as the situation of forced labour in Myanmar did pursuant to a Memorandum of Understanding signed between the not improve. The seriousness, persistence and systematic character Government of Myanmar and the ILO in March 2002. The speaker of the violations of Convention No. 29 in Myanmar were no longer stated that the Government of Myanmar had done its part to imple- contested, but the problem was complex, due to its nature, its diver- ment this Understanding. As the Director-General was still looking se forms and its extent. It weighed on the whole population and its for a suitable candidate for the post of an ILO Liaison Officer he consequences were dreadful. It was harmful to employment, since proposed to appoint an interim ILO Liaison Officer, to which the the massive requisitions of labour by the authorities prevented Government agreed. Consequently, Mr. Leon de Riedmatten, Di- “normal” work, and this was detrimental to the economy of the rector of the Centre for Humanitarian Dialogue, was appointed as country as a whole. the interim Liaison Officer with effect from 6 May 2002. Since then, Based on the observation that the violations of Convention Mr. Leon de Riedmatten had been able to hold a series of meetings No. 29 were widespread, systematic and existed in law as well as in with the authorities and a broad range of people. He had held a practice, the Worker members called on the Government to finally total of 24 meetings, including meetings with the Lt.-Gen. Khin implement the recommendations of the Commission of Inquiry and Nyunt, Secretary of the State Peace and Development Council; the the Governing Body, namely: (1) that the legislation be brought Minister of Labour; the Minister of Home Affairs; a representative into conformity with Convention No. 29 and, hence, that all legisla- of the Prime Minister’s Office; the Deputy Minister for Foreign Af- tion rendering forced labour possible be abrogated; (2) that in ac- fairs; as well as high officials from various other ministries and de- tual practice, recourse to forced labour be put to an end in the who- partments, politicians and representatives of national races, the di- le country and especially the remote areas; (3) that the penalties plomatic community, the United Nations agencies and NGOs in foreseen against persons found guilty of having exacted forced la- Myanmar.