Individual Case (CAS) - Discussion: 2011, Publication: 100th ILC session (2011)

Forced Labour Convention, 1930 (No. 29) - Myanmar (Ratification: 1955)

A. RECORD OF THE DISCUSSION IN THE COMMITTEE ON THE APPLICATION OF STANDARDS

A Government representative of Myanmar recalled that the 310th Session of the Governing Body had welcomed the positive developments in Myanmar as well as the extension of the Supplementary Understanding trial period for a further 12 months. He explained that it had been extended during the visit of the Executive Director’s mission in February 2011. He stressed that it was important to highlight that the ILO mission was the only foreign mission that the authorities had received during the period in which the new Parliament was in session, with a view to extending the Supplementary Understanding and to seeking advice on the draft legislation on workers’ organizations. During this mission, the members had met the Minister of Labour, the Government Working Group for the Elimination of Forced Labour, the Government Working Group for Anti-Human Trafficking and the Government Human Rights Body. These discussions had brought the mutual understanding and cooperation between Myanmar and the ILO to another level. Receiving the mission reflected the political will and commitment of the Government to the cooperation with the ILO.

He referred, as one of the concrete measures to implement Convention No. 29, to the ongoing preparation of a draft legislation to amend the Village Act and the Towns Act of 1907 by a drafting committee headed by the Union Minister of Home Affairs. The draft law explicitly prohibited forced labour and included exceptions in the case of natural disasters. This draft law would be submitted to Pyidaugsu Hluttaw (Parliament). Supplementing orders, directives and procedures would be issued as necessary. He informed that the drafting of a law for the formation of workers’ organizations was also under way in close cooperation with the ILO. He believed the draft law would be promulgated by the Parliament in the very near future. Turning to the Constitution of 2008, he indicated that since it had been approved by 92.48 per cent of the people’s votes, it was impossible, at this juncture, to amend its provisions. However, the draft legislation would provide for provisions effectively outlawing forced labour practices, thereby bringing the legal framework in line with Convention No. 29.

His Government believed that advocacy played a very important role in eliminating forced labour in the country. In this regard, he stated that a total of ten regional workshops had been held to date since 2008. He stressed that they had been held not only in mainland Myanmar, but also in ethnic minority regions like Kachirt, Karen, Shan and Chin States. Civil and military authorities and officials from relevant local government ministries had also taken part in these workshops. Since May 2010, a total of 35 training and awareness-raising activities for various stakeholders had been successfully held.

These activities had generated better awareness on the issue among the public and had resulted in an increase in the number of complaints. The Liaison Officer had indicated in his report that this trend should not be construed as an increase in the use of forced labour. In order to cope with the increased workload, it had been made clear to the Liaison Officer that he had the liberty to employ local staff.

As part of the proactive approach, the budget to cover labour costs in government projects had been allocated to all ministries. The allocated funds were spent for the purpose of minimizing the risk of unpaid labour in government projects.

He referred to the complaints on under-age recruitment had been dealt with, on a priority basis, by the Government Working Group and its respective committees. Acting on the complaints received through the ILO complaints mechanism, a total of 120 recruits had been allowed to resign from military service and 13 had been released from prisons. As regards enforcement measures against under-age recruitment, five military officers and five other ranks had been dismissed and sentenced to prison terms. Disciplinary action had also been taken against 20 officers and 110 other ranks in the military. It was evident that action would be taken against any perpetrator, civilian or military on forced labour and under-age recruitment. He added that some complaints had been filed directly to the military authorities and they had been handled with the same priority and measures taken. The local military authorities had also settled 22 land disputes.

His Government believed that progress had been achieved on the observance of Convention No. 29, which had been made possible in close cooperation with the ILO, in particular the Liaison Officer. He highlighted that Myanmar never lost sight of the goal of eliminating any form of forced labour practice, even at a time of important political transition in the country. He indicated that the Government would strengthen its cooperation with the ILO to achieve this shared goal.

The Employer members noted the political changes since the last time this Committee examined the case. They hoped that the absence of a military-controlled government and the new parliament, which included representatives of ethnic parties and parties not aligned to the previous Government, would lead to an environment in which the Government could finally put an end to the scourge of forced labour. Since last year, small positive steps had been undertaken consisting of the release of Aung San Suu Kyi, the opening up of the censorship rules, the Presidential advisory committees on economic, legal and general policy and the acceptance of the principle of finance and planning for public works. Fundamentally, however, the situation remained unchanged given that the Government still had not implemented the recommendations of the 1998 Commission of Inquiry. It was particularly disappointing that the recent change in government had not resulted in perceptible change that would have suggested that the tactics of stall and delay of the prior Government belonged to the past. The Employer members had expected a longer statement by the Government of Myanmar providing more concrete information, in particular on the legislative amendment.

Unconditional, proactive, political will need to be demonstrated through concrete actions, the timing and urgency of which was as important as the actions themselves. In order to demonstrate that the elimination of forced labour was an attainable reality, the Employer members urged that the Government: (1) approve visas for additional ILO staff; (2) allow the ILO to help it address forced labour in the military; and (3) open a broader discussion and plan of action with the ILO on worker rights. While welcoming the activities of the ILO Liaison Office, the workload had increased and the Office was understaffed due to the rise in the number of complaints. Yet, the Government continued to resist approving visas to enhance the capacity of the Liaison Office. Substantial problems with respect to the elimination of forced labour both in law and practice persisted. There were ongoing concerns relating to the intimidation, harassment and imprisonment of complainants. The military recruitment of minors was presumptively forced labour and had to be included under the Liaison Officer’s mandate and the complaints mechanism. The most recent submissions of the International Trade Union Confederation (ITUC) and the Federation of Trade Unions–Kawthoolei (FTUK) containing 94 Order letters from military and other authorities requisitioning compulsory and uncompensated compulsory labour from January 2009 to June 2010 as well as last year’s submission to the Committee of Experts appeared to constitute conclusive evidence of the continued systematic imposition of forced labour by military and civil authorities throughout the country.

Through its Working Group for the Elimination of Forced Labour, the Government of Myanmar continued to respond in a reasonably timely manner to complaints that had been lodged under the Supplementary Understanding. The Working Group had responded positively to proposals to broaden the scope of training and awareness-raising activities. The Government reported that the Working Group had completed 80 per cent of the amendments to the Village Act and Towns Act in order to bring it into conformity with Convention No. 29. However, the Employer members asked the Government to clarify their statement which seemed to indicate that there was a conflict between these amendments and the new Constitution. He also asked when the legislative amendments would become effective. The Employer members underlined the importance of a joint Working Group meeting with the Government finance and planning ministries to discuss budgeting and financial allocation. Sound macroeconomic policies and budgeting was needed to ensure sufficient funds to pay wages. The Employer members asked the Government as to the date of this meeting and whether the ILO Liaison Officer could provide input on the draft agenda for the meeting.

The Employer members remained concerned with the difficulties to get satisfactory conclusions regarding complaints that alleged forced labour by the military, as well as with the continued alleged harassment of complainants, particularly farmers, facilitators, their legal counsels and relatives. While welcoming the publication of a simply worded brochure to explain the law, the Supplementary Understanding and the procedure to file a complaint in one language, the Employer members asked when this brochure would be available in all languages. There still appeared to be a total absence of prosecutions against military officers in connection with forced labour, which suggested a lack of real commitment to eliminate forced labour. Although 20 persons imprisoned for activities which were related to procedures under the Supplementary Understanding had been released, four persons remained in prison and two lawyers who were active supporters of the Supplementary Understanding procedures lost their legal licenses after being released from prison.

The progress so far was limited. Fundamentally, the Employer members still observed a lack of fundamental civil liberties, in particular: the right to freedom and security of the person, freedom of opinion and expression, freedom of assembly and association, the right to a fair trial by an independent and impartial tribunal, and protection of private property. A climate of fear and intimidation of citizens persisted. These were the root causes of forced labour, but also for trafficking and recruitment of minors in the military, child labour, child soldiers, discrimination and the absence of freedom of association. The Employer members recalled the three areas identified by the Committee of Experts in this year and last year’s observation in which measures should be taken by the Government to implement the recommendations of the Commission of Inquiry. The number of complaints was still low indicating that citizens may not have adequate access nor feel free to file complaints. The Employer members argued that forced labour in Myanmar had to be addressed holistically. Therefore, the Government Working Group should also receive complaints of trafficking in humans for forced labour and not refer those cases to the Ministry of Home Affairs, as had been done so far.

The new Constitution contained specific articles on freedom of association, freedom of expression and the right to organize, but the article banning the use of forced labour contained qualifications which raised questions of its conformity with Convention No. 29. The ILO tripartite constituency unanimously had called on the Government of Myanmar to apply the provisions of Convention No. 29 both in law and in practice and to put an end to the intolerable climate of impunity. The Employer members urged the Government once and for all to provide full and detailed information to the Committee as a clear and unequivocal sign of willingness to cooperate genuinely with the supervisory bodies. Transparency and collaboration with the Liaison Officer and the Committee of Experts was essential to addressing the issues at stake. The Supplementary Understanding in no way relieved the Government of its obligations to abolish forced labour. They urged the Government to make substantial tangible improvements in its national legislation and to provide sufficient funds so that paid labour replace forced labour both in civil and military administration to demonstrate the unambiguous willingness of the Government against forced labour.

The Worker members expressed their regret that, although there had been a number of political changes in the country in November 2010, nothing had altered in Burma/Myanmar as far as the forced labour situation was concerned. In its annual report, the ITUC had stated that there were more instances of forced labour than ever in virtually all the country’s states and divisions. The forced labour was directly linked to the army (portering, construction and compulsory enlistment of children) or, more generally, to agriculture, construction, road maintenance and other infrastructural work. The reports from the Federation of Trade Unions of Burma (FTUB) and the FTUK added that, to avoid possible complaints, some military personnel signed their forced labour orders under a false name or simply refused to sign. The increase in the number of complaints concerning forced labour, which had also been noted by the ILO Liaison Officer, often coincided with the confiscation of agricultural land. Some crops were actually imposed on the growers, and the profit from the higher land rental charges went to the military, other commercial interests or big private enterprises. The number of complainants who were still in prison was unacceptable.

The Worker members stressed that the United Nations Special Rapporteur on the situation of human rights in Myanmar had stated that the political, military and judicial authorities at every level were implicated in the violation of human rights, including the imposition of forced labour. The growing number of displaced persons and migrants in Thailand, Malaysia and other countries was further proof of the extent of forced labour. As to the follow-up to the comments of the Committee of Experts, the Worker members noted that, although the Village Act and the Towns Act were supposedly being revised, there was no change in the most recent Constitution, article 359 of which authorized “labour imposed by the State in the interests of the people, in accordance with the law”. Moreover, although the extent of forced labour by the civil authorities was said to have declined to a certain extent, its use by the military throughout the country was still a matter of concern. Furthermore, although a simple leaflet had been prepared explaining the law as it related to forced labour and the possibility of appealing against it, it had not been translated into all the local languages. Finally, there was still no budget allocation for replacing forced labour, and known instances of its imposition were still not punished but treated instead as mere administrative or disciplinary concerns. To sum up, they deplored the fact that the Government had not yet implemented the recommendations adopted by the Commission of Inquiry 13 years ago, and they therefore felt that it was time to revive the ILO’s initiatives and activities under the resolution that was adopted in 2000.

The Government member of Hungary, speaking on behalf of the Governments of Member States of the European Union (EU) attending the Conference, as well as the Candidate Countries (Turkey, Croatia, The former Yugoslav Republic of Macedonia, Montenegro and Iceland), potential Candidate Countries (Albania, Bosnia and Herzegovina, and Serbia), Ukraine and the Republic of Moldova, expressed deep concern about the critical situation of human rights in Burma/Myanmar and regretted that the elections in 2010 had not been free or fair and that the authorities were yet to demonstrate substantive evidence of positive change. She indicated that the EU was nevertheless willing to respond to progress in Burma/Myanmar. In this connection, she welcomed the prolongation of the Supplementary Understanding in February 2011. She also acknowledged the efforts made by the Government, particularly in the field of awareness raising, cooperation in the functioning of the complaints mechanism and in the release of under-age recruits from the military. She, however, indicated that despite these positive developments, the recommendations of the Commission of Inquiry were not yet fully implemented, and that the use of forced labour remained widespread. She expressed the hope that as the review of the Village Act and the Towns Act was in progress, these acts would be amended or repealed as soon as possible in order to bring the legislation into full conformity with the Convention. She also urged the Government to amend section 359 of Chapter VIII of the Constitution, which exempted from the prohibition of forced labour “duties assigned by the Union in accordance with the law in the interest of the public”.

As regards forced and compulsory labour which continued to be exacted from local villagers by military and civil authorities throughout the country, she urged the Government to continue and expand its awareness-raising activities to ensure the prohibition of forced labour is widely known and applied in practice, and to ensure the strict enforcement of penalties for the exaction of forced labour under the Penal Code against civil and military authorities. In relation to the commitment expressed by the Government to establish a democratic government, she urged the Government to release unconditionally all those detained for their political convictions, to demonstrate respect for human rights and fundamental freedoms, and to establish an inclusive dialogue with all opposition and ethnic groups, including Aung San Suu Kyi and the National League for Democracy.

Turning to the UN mechanisms, she urged the Government to comply, as a matter of priority, with Resolution 16/24 of the UN Human Rights Council to establish an independent investigation into reported serious human rights violations, including the use of forced labour. Reiterating that involving children in armed conflicts is one of the worst forms of child labour, she encouraged the Government to cooperate with the UN on the protection of children from recruitment and use by armed forces, and on the full rehabilitation and reintegration of children affected by armed conflicts. Particular concern was also raised about the ongoing conflicts in ethnic areas, including Shan and Karen States and, in this connection, she urged the authorities to exercise constraint and look to a political solution and national reconciliation. She regretted that despite the request by Mr Vijay Nambiar, the UN Secretary-General’s Special Adviser to Myanmar, the Special Rapporteur had not been permitted to visit the country and, therefore, called on the Government to provide an opportunity for the Special Rapporteur at the earliest possible date to make a first-hand assessment of the performance of the new administration.

To resolve the serious and long-standing problem of forced labour, she indicated that the EU urged the Government to take all the long overdue steps to achieve compliance with the Convention. She expressed the appreciation for the tireless work of the Liaison Officer in assisting the authorities concerned to implement fully Convention No. 29, and encouraged them to further strengthen their cooperation with the Liaison Officer.

The Worker member of Sweden presented a case of land confiscation and forced labour. She explained that since December 2009, a number of companies with ties to the military regime confiscated the farmland of the local farmers of Sis-sa Yan village of the Kanma township. The farmers sent petitions to the authorities to look into the case but received no reply. On the contrary, they were attacked and detained by officials from the military-owned companies and local authorities. The workers from the companies that confiscated the farmland started to build a motorway through the farmland of Sis-sa Yan village as well as offices for a planned factory. The representatives of the farmers then lodged a complaint to the Kanma criminal court but it was rejected. Several of the farmers who had lodged complaints were illegally detained and prevented from seeing their families or getting access to medical treatment. They were also charged by the authorities for fabricated crimes. The court in fact handed down heavy sentences of ten to 12 years of jail to five of the farmers.

The Government member of New Zealand speaking also on behalf of the Government of Australia, paid tribute to the continued dedication of the ILO Liaison Officer and his team in promoting the observance of Convention No. 29 by the Government of Myanmar. The increased activity under the complaints mechanism was a positive trend and indicated that the proactive awareness-raising approach taken by the Liaison Officer was working and demonstrated the growing confidence of the people of Myanmar in exercising their rights. The speaker noted the recent encouraging statements made by the Government of Myanmar as regards the need for good governance and accountability in national policies and the Government’s commitment to the elimination of forced labour. Practical steps undertaken included the renewal of the Supplementary Understanding earlier this year, as well as the agreement to broaden the scope of awareness-raising activities, including the publication of a brochure on citizens’ rights under the Supplementary Understanding in both the Myanmar and Shan languages. While positive, these encouraging steps highlighted the need for sustained, proactive action by the Government of Myanmar, in partnership with the ILO Liaison Office, to address and to eliminate forced labour. Incremental progress however did not suffice and forced labour by the military remained a persistent problem. It was key to address the weakness of macroeconomic governance and problems caused by the application of the economic selfsufficiency policy by the military which were the root causes of forced labour. She urged the Government to seek the technical assistance of the ILO in improving its policy frameworks and to ensure direct communication on military forced labour issues between the Government Working Group, the ILO and relevant authorities. In order for the Liaison Office to fulfil its mandate, appropriate resourcing was imperative and the Government was called on to facilitate the visa required for a new staff member to start working immediately. True and meaningful progress on the issue of forced labour could only be made if the very grave issue of incarceration and reprisal for association with the complaints mechanism was addressed. She welcomed the unconditional release of Aung San Suu Kyi in November 2010, but called on the Government to immediately release all political prisoners, including those incarcerated for their association with the ILO complaints mechanism.

The Worker member of the Philippines stated that various forms of human rights violations, including forced labour and extortion, had been widely practiced since early January 2011 by the military troops and the Border Guard Force in Karen State with a view to forcing the villagers to transport rations and military supplies necessary to set up more military positions and to launch military offensives in the hill region to control the whole area. Currently, the people of Toungoo district and Kler Lwee Htu were victims of forced labour because the area was close to the Nay Pyi Daw capital. He cited examples of cases of forced labour exacted by the military and the Border Guard Force in villages such as Shwe O, Mae Pary Kee, Shan Zee Bo, Tan Ta Bin, Tha Pyi Nyut and Klor Mee Der in January 2011. He stated that forced labour continued in most states of the country and that only the recognition of freedom of association, the liberation of labour activists and other prisoners of conscience and the change of Constitution could lead to effective democracy and to the eradication of forced labour in the country. He called on the Government to adopt immediate measures to stop forced labour and other human rights crimes, and also on other governments, employers and international institutions to adopt strict policies for ensuring the promotion of democracy, rule of law and social justice in the country. He finally called on the ILO to strengthen its activities in collaboration with other organizations in this endeavour.

The Government member of the United States commended the unwavering commitment and excellent work of the ILO, in particular the Liaison Officer and his team, who often faced difficult circumstances in carrying out their critical mandate. They had proven time and again the value of the ILO’s presence in Burma, and she hoped that the Liaison Office would soon be sufficiently strengthened to respond to its ever increasing workload. She noted several changes in Burma since last year, and in particular the fact that the Supplementary Understanding had been extended for an additional year; the number of complaints lodged under this Supplementary Understanding had continued to increase; significant awareness-raising and training activities had been undertaken, including progress in translating the information brochure on forced labour into local languages; and draft legislation was apparently being prepared. While her Government welcomed these developments, it encouraged the Government to continue and increase its efforts in these areas. Notwithstanding these positive steps, she also insisted on the fact that forced labour was still prevalent in Burma and that the Government had not yet implemented the recommendations of the Commission of Inquiry. Recalling the clear and unequivocal recommendations of the Commission of Inquiry, she noted that much remained to be done on an urgent basis. The Government had an obligation to eliminate completely and permanently the use of forced labour by developing and enforcing strong laws and regulations and by effectively promoting awareness of fundamental worker rights among the entire population. The Government should therefore avail itself of the ILO’s technical assistance to achieve the necessary results. She noted that the ILO could provide important advice to the Government with regard to budgeting adequate means for the replacement of forced or unpaid labour. Finally, she reiterated the long-standing commitment of her Government to stand steadfastly with the Burmese people who aspire for a peaceful, prosperous and democratic nation that respects human rights and the rule of law. She hoped that recent developments would result in a genuine, open and inclusive dialogue leading to a lasting solution to the problem of forced labour.

An observer representing the Federation of Trade Unions of Burma (FTUB) explained that while providing training in Burma on basic trade union rights and democratic principles, he had met numerous people who had been forced to work as military porters, carrying ammunition and food. On 30 May 2011, ten people were conscripted as military porters by the Light Infantry Battalion No. 563 in Three Pagodas Pass near the Thai–Burma border. The FTUK reported that in May 2011, over 4,000 people were forced into labour for the Border Guard Force, the junta’s Karen proxy army. These were not one-time instances, but formed part of a persistent pattern of violations. According to the ILO, 630 cases of child soldiers were reported in 2010 and 157 victims of under-age recruitment were returned home. Despite ILO efforts, child soldier conscription still continued and political will at the highest level was needed to change the practice on the ground. The release of children had encouraged the families of conscripted children to reach out to the ILO, although fear of retaliation remained. Increased land confiscation by the military, either for new garrisons or business ventures, made people lose their income and caused confrontations. Regardless of the declarations of a successful representative election and changes in the political landscape, the actual situation on the ground remained the same. The speaker had personally witnessed that no elections had been held in 155 villages of Karen state and the people were denied the right to vote. Many areas in Mon state, Shan state (ten townships), Kachin state (63 village tracts) and Kayah state were denied the right to vote. The junta itself had declared that the recent elections did not cover the whole country. Although some might welcome the referendum, the elections, the Constitution and the new Government, the denial of citizens, prisoners, monks and Aung San Suu Kyi of their right to vote and to be elected should be considered by the world as a violation of international electoral standards. Forced labour continued to take place in the areas where no elections were held and more efforts from the ILO Liaison Office were needed in these areas. The ILO should discuss with other UN agencies that participated in the 19 training sessions to help the ILO, thus widening the scope of its activities. The recommendations made by the Commission of Inquiry had not been implemented, in particular the following measures: issuing specific and concrete instructions to the civilian and military authorities; ensuring that the prohibition of forced labour is given wide publicity; providing for the budgeting of adequate means for the replacement of forced or unpaid labour; and ensuring the enforcement of the prohibition of forced labour. Although positive, the Supplementary Understanding was not sufficient to meet the recommendations of the Commission of Inquiry. The junta should not be allowed to hide behind this Understanding, but should implement the recommendations of the Commission of Inquiry or face the consequences at the Governing Body meeting in November 2011.

The Government member of Japan expressed his Government’s appreciation for the ILO’s work to improve the situation of forced labour through its active engagement on the ground, as a result of which some positive developments had been seen. His Government welcomed the resolve of the Government of Myanmar to further advance the elimination of forced labour in cooperation with the ILO under the Supplementary Understanding, as well as its commitment to amend the provisions of the Village Act and the Towns Act of 1907 to achieve compliance with Convention No. 29, the draft of which was expected to be submitted to Parliament before the end of the year. The Government was urged to accept ILO technical assistance on this matter. His Government welcomed that the distribution of simply worded brochures explaining the complaints mechanism had been effective, and that the Government had recently agreed that the brochures should be translated into other local languages. He noted the view of the Commission of Inquiry that a significant cause of the use of forced labour lay in the weakness of macroeconomic governance and policy application, particularly with respect to budgeting and corresponding financial allocations. He expressed the hope in this regard that the Government and the ILO would hold close consultations, including joint discussions with appropriate finance and planning ministries as suggested. While progress could be observed with regard to under-age recruitment into the armed forces, his Government was concerned about the continued use of forced labour by the military and persons who continued to be detained due to their association with the complaints mechanism. He urged the Government to take serious measures to ensure that persons were in no way disadvantaged based on this association. Finally, he indicated that as awareness of the complaints mechanism grew, an increasing number of complaints were being received. In this regard, he urged the Government to respond swiftly and positively to the requests of the ILO to meet the increasing workload of the Liaison Office, such as the issuance of visas for additional international staff.

The Worker member of Italy called on the Office to work on the recommendation of the Commission of Inquiry that the Government of Burma should make the necessary budget allocations so that workers are freely contracted and adequately remunerated. This crucial recommendation could be fulfilled if the Burmese government had the political will to avoid misuse of foreign direct investment; to resolve the problem of tax extortion, lack of accountability, corruption and illicit capital export as denounced by the United Nations Development Programme; and to shift public resources from the defence sector to public works. In this regard, she denounced several initiatives to build military-related installations and import military equipment and recalled that, in November 2010, the United Nations Security Council had denounced shipments of nuclear technology and military equipment from North Korea to Burma.

She called for the recently confirmed European Union restrictive measures towards Burma to be accompanied by adequate monitoring procedures. Denouncing several recent business-related initiatives by European companies and pension funds, she called on the European Union and the relevant governments as well as companies to implement the new United Nations Guiding Principles on Business and Human Rights. She also called on companies investing in Burma to comply with the Guidelines for Multinational Enterprises and with the Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas adopted by the Organization of Economic Cooperation and Development (OECD). There should be no relaxation of economic sanctions until there is a genuine improvement in human rights and progress towards democratic change. The speaker called on the ILO Director-General for renewed action for a consistent implementation of the 2000 ILC resolution. She added that, in view of the persistence of the use of forced labour in the country, there was still the need for the ILO to implement the decision to prepare a request for an advisory opinion of the International Court of Justice on the violation of Convention No. 29.

The Government member of Singapore welcomed the renewal of the Supplementary Understanding between the Government of Myanmar and the ILO for another year, as well as the concrete steps taken by the Government towards raising awareness of the complaints mechanism on forced labour, introducing the Labour Organizations Act, and drafting a law to bring the Village Act and the Towns Act in line with the Convention as recommended by the Commission of Inquiry. The draft legislation was understood to be near completion and to be subsequently sent to Parliament for consideration. With reference to the recent report of the ILO Liaison Officer in Myanmar, the speaker further highlighted the efforts made by the Government as regards training and awareness-raising activities under the 2002 Understanding, for instance workshops held throughout the country including in several ethnic areas, the publication and wide distribution of the ILO’s brochure to explain the law, the Supplementary Understanding and the complaints mechanism, and the Government’s intention to translate the brochure into Shan language. He also welcomed the efforts made in the area of under-age recruitment of soldiers, such as the continued education of military personnel on the relevant law by the Ministry of Defence with ILO and UNICEF technical assistance, the discharge and release to their families of 174 persons recruited under age and the prison sentences imposed against military personnel (two officers and five of other ranks) for forced labour practices. Despite visible progress in respect of the use of forced labour by civilian authorities, there still appeared to be room for improvement on the use of forced labour by the military, in particular as regards the difficulty of reaching satisfactory conclusions on the relevant complaints. The speaker hoped that the Government would make stronger and sustained efforts to address the issue and encouraged the Government and the international community to continue in their constructive engagement for improving the lives of the people of Myanmar.

The Worker member of the Republic of Korea commented on the impact of energy development projects on forced labour. She indicated that there had been a noteworthy increase in foreign investment in the country’s energy sector. Korean trade unions, as well as human rights groups, had been following the situation as regards the Shwe Gas Project, a gas pipeline construction project in which foreign companies were involved as members of a consortium. She expressed disappointment at the fact that a complaint lodged in 2009 by trade unions and non-governmental organizations on the basis of violation – on several counts – of the OECD’s Guidelines for Multinational Enterprises by Korean enterprises had been dropped by Korean authorities without any serious investigation. Despite allegations of serious human rights and environment abuses, the request for suspension of the project was ignored and the project was now in its construction stage with continuation of forced labour and other forms of human rights abuses. She expressed concern at the fact that forced labour was directly connected even to corporate social responsibility projects conducted by companies involved in the energy development projects. She noted that the Burmese Army continued to rely on forced labour in connection with the Shwe Gas project, which demonstrated that the 2000 ILC resolution had not been fully implemented. She called on ILO member States and all constituents to fulfil their obligations under the resolution.

The Government member of Norway expressed deep concern about the human rights situation in Myanmar and, while noting the release of 47 political prisoners on 17 May 2011, requested the Government to release the remaining political prisoners. He welcomed the prolongation of the Supplementary Understanding, the cooperation between the ILO and the Government as regards the functioning of the complaints mechanism and the release of under-age recruits from the military, as well as the recently held training session for senior Government officials in the Chin state and the translation of the ILO forced labour brochure into Shan language. The speaker encouraged the Government to apply existing laws against forced labour and under-age recruitment, to introduce economic management and financial budgeting so as to prevent the use of forced labour and to proactively support the ILO in its efforts to eradicate forced labour. Noting the Government’s willingness to discuss better employment policies for the protection of workers’ rights, the speaker encouraged the ILO to take steps to provide capacity building in selected areas aimed at improving workers’ rights in Myanmar, and, in addition, to intensify work together with the Government on the Freedom of Association Act and to provide assistance so as to ensure that any future Labour Union Act meets the requirements of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

The Worker member of Japan noted that forced labour was a long standing and widespread problem in Burma, with prison inmates used by the army as porters or human minesweepers, victimization of ethnic minority groups and recruitment of child soldiers through trafficking and kidnapping. She recalled that the 2000 ILC resolution recommended to all member States to review their relations with the Government of Burma so as to ensure that the continued use of forced labour would not give it any advantage. However, this resolution had not been implemented properly. According to the report of the Burmese National Planning and Economic Development Ministry, the accumulated pledged amount of foreign direct investment by endNovember 2010 had doubled – from 16 to 32 billion US dollars – in a six-month period. Most of this increase was attributed to investments in the oil and gas sector, with natural gas exports accounting for as much as 40 per cent of the country’s export income. Given that this type of economic activities helped the Burmese Government to maintain forced labour and oppression of the Burmese people, she urged the representatives of governments and employers of countries investing in or trading with Burma to review their relations with this country in order to help eradicate forced labour in accordance with the 2000 ILC resolution. Finally, she indicated that without a democratization process, there would be no real driving force for the elimination of forced labour. In this regard, she considered the formation of a “civilian” government to be no great stride towards democracy but indicated that an essential step would be the immediate release of the numerous political prisoners, including labour activists.

The Government member of the Russian Federation shared the conviction that the eradication of all forms of forced labour throughout the world was an absolute priority and welcomed the cooperation between the ILO and the Government of Myanmar in that field. In that regard, the renewal for another year of the Supplementary Understanding on the occasion of the visit of the ILO High-level Mission was a positive step. The examination by the Committee on the Application of Standards of compliance by Myanmar with Convention No. 29 was taking place only shortly after the holding of elections last October, which had resulted in a new Parliament. In that context, draft reforms of the labour legislation were being prepared. Those initiatives should be welcomed, particularly as changes relating to forced labour were envisaged. His Government hoped that the Government of Myanmar would continue the progress towards democracy.

Emphasis should also be placed on the efforts made and the enormous amount of work undertaken by the ILO Liaison Officer, particularly for the forwarding of complaints of forced labour to the competent authorities in Myanmar (especially the Ministry of Defence), which were reported to have resulted in those responsible being penalized. The initiatives to raise awareness of the complaints procedure among the population and to disseminate information brochures on forced labour were also useful and encouraging. It was to be hoped that the difficulties relating to the strengthening of the personnel in the ILO Liaison Office in Myanmar would be resolved rapidly. Finally, the Government expressed the conviction that the Government of Myanmar would continue to take the necessary measures to achieve the elimination of situations of forced labour. In that respect, the reinforcement of cooperation between the Government of Myanmar and the ILO was undoubtedly the most appropriate means of achieving that objective.

The Worker member of Indonesia drew the Committee’s attention to the continued practices of forced labour and violations of human rights in Myanmar and highlighted the growing number of undocumented migrant workers fleeing Myanmar for safety reasons and working in Thailand, Malaysia, India and others for low wages and in bad working conditions. This phenomenon had triggered social conflict, xenophobic practices, increasing exploitation and deepening poverty in the receiving countries and in the Asian region. The speaker urged the Government to supply information about the concrete efforts undertaken to meet the recommendation of the Commission of Inquiry to punish the perpetrators of forced labour.

Bearing in mind its interest in taking over the presidency of the Association of Southeast Asian Nations (ASEAN), the Government of Myanmar had not yet sufficiently proven that it was serious about the elimination of forced labour and transition to democracy. The ASEAN Member States should openly discuss Burma’s democracy and human rights problems and stop considering those matters as a Burmese domestic affair but rather regard them as a regional commitment. Rewarding Burma with the ASEAN presidency despite sham elections, numerous political prisoners, continuing forced labour practices, and lack of democracy and freedom of association, would be an embarrassment for the region. The speaker encouraged the ILO to work closely with the ASEAN Human Rights Committee using its mechanisms to speed up elimination of forced labour and monitor practices of multinational corporations originating from ASEAN and violating ILO Conventions.

The Government member of Thailand indicated that forced labour was a challenge of global concern and that it was therefore imperative for the international community to support Myanmar’s cooperative efforts in achieving the elimination of forced labour, particularly in view of the recent significant political developments. He felt encouraged by the ongoing cooperation between the Government of Myanmar and the ILO, hoping that the extension of the trial period of the Supplementary Understanding and the recent visit of an ILO High-level Mission to Myanmar would provide the impetus for further progress. The speaker urged the Myanmar authorities to continue pursuing the positive steps and to redouble their efforts towards achieving the recommendations of the Commission of Inquiry. There had been positive developments since the Governing Body in March 2011, such as the revision of the Village Act and the Towns Act adopted in 1907, which was now complete up to 80 per cent and should be submitted to Parliament by the end of 2011, and the drafting of legislation on workers’ organizations. He emphasized that ILO technical assistance in this process would be crucial and hoped to see additional resources allocated to the ILO Liaison Office in Myanmar.

The increased number of complaints received through the mechanism established by the Supplementary Understanding – which received a positive response from the Adjutant General’s Office in respect of under-age recruitment into the military – reflected the effectiveness of the awareness-raising workshops. The speaker also welcomed the decision of the Government Working Group to publish in local languages a brochure explaining the law, the Supplementary Understanding and the complaint procedure and to distribute it widely across the country. He expressed the hope that the continuous progress would lend credibility and add momentum to the process of democratization and national reconciliation. The political landscape in Myanmar and the cooperative international environment augured well for the elimination of forced labour. He pledged the support of Thailand in addressing this serious issue.

The Government member of Cuba reaffirmed her support for the principles set out in Convention No. 29 and welcomed the report which reflected the recent activities carried out by the Office and the Government of Myanmar and the progress made in the elimination of forced labour. The intervention by the Government representative of Myanmar reflected the most recent efforts made by his Government for the application of the Convention, with particular emphasis on the current process to bring national legislation into conformity with Convention No. 29. Recognizing that the results achieved were the product of international cooperation, she encouraged the continuation of technical cooperation, open and unconditional dialogue and analysis of the national situation and conditions, as the only way of contributing to the achievement of the objectives set out in the Convention.

The Worker member of the United States reiterated the concerns expressed in previous sittings and strongly condemned that according to credible reports the brutal and dehumanizing practice of forced labour, including of children, continued unabated in Burma. The Government had once again failed to bring relevant legislation in line with the Convention and to impose strictly available criminal penalties for the exaction of forced labour, which evidenced a clear absence of will. While noting the publication and dissemination by the Government of the ILO brochure on forced labour and its intention to translate it, this measure was inadequate to address the requirement by the Governing Body for an authoritative statement by the senior leadership against the continued use of forced labour. Moreover, although the number of submitted complaints had recently increased and in some cases child soldiers had been freed as a result of the complaints process, complainants continued to be harassed or jailed for utilizing this mechanism to denounce acts of forced labour, and lawyers representing victims were disbarred. Given that work towards the receipt and resolution of complaints would never be fully effective if there was the real possibility of retaliation, he called on the Government once again to immediately release all trade unionists jailed because of their involvement in the complaints process as well as to reinstate the relevant professional licenses.

In view of the increasing workload and low staffing levels of the ILO Liaison Office in Yangon, the Government’s intransigence severely limited the Office’s effectiveness. The speaker urged the Government to issue the necessary visas to expand the personnel, which was needed for specific areas with widespread practices of forced labour, including monitoring the impact of oil and gas pipeline and dam construction work on forced labour and verifying that no forced labour was used in mines and international projects. Furthermore, ILO member States should direct their embassies to closely coordinate activities with and fully support the work of the ILO Liaison Office. Continued deepened coordination with other UN agencies in Burma was also necessary to ensure that their work is complementary. Recalling the profound responsibility of ILO member States, in particular governments, under the ILO Constitution and recommendations of various supervisory bodies, to work towards the elimination of the scourge of forced labour, the speaker urged the Committee to redouble its efforts henceforth.

The Government member of Canada, given the small signs of progress and the repeated calls on the Government of Myanmar to take serious action, urged the authorities to live up to their commitment to end forced labour, both in the civilian and the military spheres, and to fully implement the recommendations of the Commission of Inquiry. She called for the release of former child soldiers jailed for desertion or serving sentences arising from their participation in the complaints mechanism established by the Supplementary Understanding. In view of the fact that the ILO Liaison Officer was still being refused an entry visa for an additional international civil servant, she stressed that ensuring that the Liaison Office was equipped to carry out its critical functions was a rudimentary indication of the Government’s commitment to the eradication of forced labour. While agreement in principle had finally been reached to translate the brochure into Shan language, reluctance remained to produce the brochure in other languages although this would again be a simple but important indication of the Government’s commitment. The positive and efficient approach taken by the Government in responding to complaints concerning under-age recruitment should be extended to all types of forced labour. The Government should also enforce the law and ensure that all perpetrators were prosecuted under the Criminal Code. Finally, she expressed the hope that the long awaited revision of the Village Act and the Towns Act of 1907 would be completed in the near future and strongly encouraged a positive response to the proposal for a joint Working Group/ILO meeting with the Finance and Planning Ministries and a joint Working Group/ILO meeting with the Ministry of Defence and senior military personnel.

The Government member of India expressed satisfaction at the progress made by the Government of Myanmar towards the observance of the Convention, as well as at the ongoing cooperation between the ILO and the Government in this regard, as illustrated by the constructive dialogue between the ILO High-level Mission to Myanmar and the Government in February 2011. The speaker further welcomed the extension of the Supplementary Understanding for another year as of 26 February 2011, the joint awareness workshops conducted by the ILO Liaison Office and the Labour Department, the publication of a brochure on the relevant law and the Supplementary Understanding, the continued functioning of the complaints mechanism and the steps taken to bring the 1907 Village Act and Towns Act in line with the Convention. While recalling that his Government had been and continued to be opposed to the practice of forced labour, he encouraged the ongoing dialogue and cooperation between the ILO and the Government of Myanmar and commended the ILO Director-General and his team for their efforts to assist Myanmar in tackling the problem of forced labour.

The Worker member of South Africa, recalling the history of apartheid and racial discrimination in his own country, emphasized that world solidarity, international trade sanctions and isolation were powerful tools in the fight for the respect for human rights. The recommendations put forward by the Commission of Inquiry had neither been met by the Burmese junta nor by the new civil authoritarian regime. One of the Commission’s recommendations was the budgeting of public works. Highlighting the contradiction between the Government’s argument that Burma is a poor country and the statement of the opposition party about the amount of revenues from exportation of gas, he deplored the fact that these revenues were not used to eliminate forced labour, child conscription or land confiscation. The non-implementation of the ILO recommendations was due to the lack of political will, and the reality of the situation had not changed after the elections. The Burmese people were still subjected to forced labour, land confiscation and arbitrary taxation which impacted on their basic human rights. He reiterated the importance to concentrate the work of the ILO on these issues, asking for wider cooperation of other international institutions present in Burma in order to build a country without forced labour where democracy and the rule of law would be the pillars for social development.

The Government member of China noted that many speakers had recognized that cooperation between the ILO and the Government of Myanmar was effective. Further progress had been achieved. The Supplementary Understanding had been extended for a year and draft laws were being prepared to bring the legislation into conformity with Convention No. 29. Numerous awareness-raising activities had also been carried out and an information brochure on the complaints procedure had been disseminated throughout the country. He recalled his Government’s constant position that forced labour was a violation of fundamental rights and needed to be eliminated. Appropriate technical assistance should be provided and cooperation between the ILO and the Government of Myanmar should be continued.

The Government member of Switzerland endorsed the statement made on behalf of the Member States of the European Union.

The Government representative thanked the Committee for the discussion and interest in the various measures taken or envisaged by the new Government of Myanmar. Some speakers had been referring to the country by the incorrect name of Burma, whereas the proper official name was the Republic of the Union of Myanmar, or in short Myanmar. He requested that in future deliberations of the Committee, all delegates address the country correctly as Myanmar, since this name had been recognized throughout the UN system. The speaker further rejected statements affirming that persons associated to the Supplementary Understanding mechanism had become political prisoners and that labour activists were detained. Those arrests were solely based on the violation of existing laws and not on freedom of association or the Supplementary Understanding mechanism. Moreover, on 16 May 2011, the President had granted an amnesty covering approximately 14,000 prisoners. As regards the interventions alleging a situation of impunity in Myanmar, he stated that any perpetrators of forced labour, whether civilian or military, would be dealt with, as nobody is above the law. In terms of the mentioned incidents in border areas, while conceding that there might have been some minor quarrels and scuffles, the speaker refuted those interventions as politically motivated and based on false information. Finally, although the Government of Myanmar moved towards democracy, this could not be achieved instantly and transition might take a certain time. He therefore called upon the international community to be patient and pledged that his Government would do its best.

The Employer members indicated that they were very disappointed by the closing remarks of the Government. They were expecting a positive attitude, one that would give a blueprint on how the Government planned to move forward. Because of the history of the country, they expressed their scepticism about the Government’s statement that people were incarcerated for violating the law and not for other reasons. As regards the issue of impunity, they recalled that it appeared that the military was above the law. They saw a fundamental legal challenge in the Government’s indication that the Village Act and the Towns Act were revised at 80 per cent but that nothing could be done about the Constitution and wondered if the amendments to these acts would have any effect in either law or practice. The situation was the same as in previous years and the Employer members recommended that the starting point for the conclusions of the Committee this year be the conclusions reached at last year’s session as there was no indication of significant and meaningful change on the ground in Myanmar.

The Worker members said that it was both urgent and timely to relaunch ILO action on the basis of the 2000 ILC resolution. The Government needed to implement in full and without delay the three recommendations made by the Commission of Inquiry and, in the first place, to take the necessary measures to revise the Constitution so as to bring it into conformity with the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and Convention No. 29. It also immediately needed to take the practical measures called for by the Commission of Inquiry and, firstly, to stop bringing to court, penalizing and imprisoning complainants, facilitators and others following the lodging of complaints and to allocate the gas and oil revenues to remunerating work performed freely, instead of having recourse to forced labour. Finally, trade unionists and political detainees needed to be released immediately.

The Worker members indicated that they expected that employers would refrain from having recourse to forced labour and from investing in the country for as long as it remained a military or semi-military dictatorship. Employers also needed to comply with the OECD Guidelines for Multinational Enterprises and with human rights, as defined by the United Nations. Moreover, governments must not let up on the application of sanctions and needed to offer their support for a United Nations commission of inquiry into crimes against humanity. It was also necessary for the diplomatic community in the country to provide its support and expertise to the ILO Liaison Officer and for all United Nations institutions to cooperate more closely to extend their activities throughout the country.

The Worker members added that they expected the Office to focus not only on the Supplementary Understanding and the complaints mechanism, but also to take the necessary action for the elimination of forced labour: the strengthening of the human and financial resources of the Liaison Office so that it could cover all the regions of the country; the follow-up of the issue of freedom of association by a Liaison Officer; and the monitoring of forced labour in current major projects (mining, major dams, etc.). If there was insufficient progress, the Governing Body should be able to seek an opinion from the International Court of Justice on the violation of Convention No. 29. Finally, the Worker members also expected the Office to once again request information from governments and employers on the initiatives that they had taken within the framework of the 2000 ILC resolution.

Conclusions

The Committee noted the observations of the Committee of Experts on the application of Convention No. 29 by the Government of Myanmar, as well as the report of the ILO Liaison Officer in Yangon that included the latest developments in the implementation of the complaints mechanism on forced labour established on 26 February 2007 with its trial period extended, in February 2011, for a further 12 months to 25 February 2012.

The Committee also noted the discussions and decisions of the Governing Body of November 2010 and March 2011. It further took due note of the statement of the Government representative and the discussion that followed. In particular, the Government referred to the ongoing revision of the Village Act and the Towns Act and indicated that the draft law explicitly prohibits forced labour and includes reservations in the case of natural disasters. He also referred to ongoing awareness-raising activities, including in ethnic minority regions, and to the allocation of funds for the purpose of alleviating the chances of unpaid labour on the part of the Government. As regards complaints of under-age recruitment, he stated that children had been released, disciplinary action taken against military personnel and some officers dismissed and sentenced to prison terms. He stated that it was evident that action would be taken against any perpetrator, civilian or military, on forced labour and under-age recruitment.

The Committee welcomed the release from house arrest of Daw Aung San Suu Kyi that it had been calling for over many years. It again called for the immediate release of other political prisoners and labour activists.

The Committee referred to the political restructuring that had taken place since the last meeting and noted the initial policy priority statements of the newly elected President on good government and good governance. The Committee firmly expects that these objectives will be transposed into substantive positive actions and proactive and preventive measures for the eradication of all forms of forced labour and the advancement of workers’ rights.

Despite the above, the Committee regretted to note that there had been no substantive progress achieved towards complying with the 1998 recommendations of the Commission of Inquiry, namely to:

(1) bring the legislative texts in line with the Forced Labour Convention, 1930 (No. 29);

(2) ensure that in actual practice forced labour is no longer imposed by the authorities; and

(3) strictly enforce criminal penalties for the exaction of forced labour.

The Committee recalled the continued relevance of the decisions concerning compliance by Myanmar with Convention No. 29, adopted by the Conference in 2000 and 2006, and all the elements contained therein. (Endnote_1) It expressed the firm expectation that the Government move with urgency to ensure that the actions requested are carried out at all levels and by all civil and military authorities. The Committee strongly urged the Government to fully implement, without delay, the recommendations of the Commission of Inquiry and the comments and observations of the Committee of Experts.

The Government in particular should:

(1) submit the draft proposals for amendment of the Village and Towns Acts to the ILO for comment and advice aimed at ensuring their full conformity with Convention No. 29, and ensure their early adoption into law and application in practice;

(2) take steps to ensure that the constitutional and legislative framework effectively prohibit the exaction of forced labour in all its forms;

(3) take all necessary measures to prevent, suppress and punish the full range of forced labour practices, including the recruitment of children into armed forces, forced conscription into fire brigade and militia reservist units, portering, construction, maintenance and servicing of military camps, agricultural work, human trafficking for forced labour, that are still persistent and widespread;

(4) strictly ensure that perpetrators of forced labour, whether civil or military, are prosecuted under the Penal Code and that sufficiently dissuasive sanctions are applied;

(5) carry out, without delay, proposed consultations between the ILO and the finance and planning ministries towards ensuring that necessary budget allocations are made so that workers are freely contracted and adequately remunerated;

(6) provide for meaningful consultations between the ILO and the Ministry of Defence and senior army representatives to address both the policy and behavioural practices driving the use of forced labour by the military;

(7) immediately cease all harassment, retaliation and imprisonment of individuals who use, are associated with or facilitate the use of the complaints mechanism;

(8) release immediately complainants and other persons associated with the use of the complaints mechanism who are currently detained and reinstate any consequentially revoked professional licences;

(9) intensify awareness-raising activities throughout the country including in association with major infrastructure projects and in training of police and military personnel;

(10) facilitate, without delay, the production and wide distribution of the brochure in the remaining local languages; and

(11) actively pursue agreement of a meaningful joint action plan with the United Nations Country Task Force on Monitoring and Reporting in respect of children in circumstances of armed conflict, of which the ILO is a member, addressing amongst other things under-age recruitment.

As called for in the 2000 ILC resolution of the International Labour Conference, the Committee counted on the collaboration of all agencies in the United Nations system in the efforts for the effective elimination of forced labour in Myanmar. It similarly called on all investors in Myanmar to ensure that their activity in the country is not used to perpetuate or extend the use of forced labour but rather makes a positive contribution to its complete eradication.

The Committee called for the strengthening of the capacity available to the ILO Liaison Officer to assist the Government in addressing all of the recommendations of the Commission of Inquiry, and to ensure the effectiveness of the operation of the complaints mechanism, as well as any other additional action necessary for the complete elimination of forced labour. In particular, the Committee firmly expected that the Government would give full assurances without delay for the granting of entry visas for additional international professional staff.

The Committee called on the Government to review with the ILO Liaison Officer the references to forced labour orders made during its discussion, as well as the orders and similar documents which have been submitted to the Committee of Experts and requested that the progress made in this regard be reported to the Governing Body at its November session. It encouraged the Government to make use of the ILO Office to put in place a mechanism for the immediate review and investigation of these allegations.

The Committee urged the Government to provide detailed information on the steps taken on all the abovementioned matters to the Committee of Experts for its examination this year and expects to be in a position to take note of significant developments at the next session of the Conference.

Not reproduced:

Document D.5

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

C. Report of the Liaison Officer to the special sitting on Myanmar (Convention No. 29) of the Committee on the Application of Standards

D. Conclusions adopted by the Committee on the Application of Standards in its Special sitting to examine developments concerning the question of the observance by the Government of Myanmar of the Forced Labour Convention, 1930 (No. 29) (International Labour Conference, 99th Session, June 2010)

E. Documents before the Governing Body at its 309th Session (November 2010) and Governing Body conclusions

F. Documents before the Governing Body at its 310th Session (March 2011) and Governing Body conclusions

Endnote 1

http://www.ilo.org/public/english/standards/relm/ilc/ilc88/resolutions.htm#I, http://www.ilo.org/public/english/standards/relm/ilc/ilc95/pdf/pr-3-2.pdf.