Caso individual (CAS) - Discusión: 2008, Publicación: 97ª reunión CIT (2008)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Myanmar (Ratificación : 1955)

A. Record of the discussion in the Committee on the Application of Standards

A Government representative of Myanmar said that Myanmar was now passing through a most important phase in its modern history. The national referendum to adopt the new State Constitution had been held successfully on 10 May 2008 in 278 out of 325 townships in Myanmar, and in the remaining townships of Yangon Division and Irrawaddy Division, which had been hit by the severe cyclone Nargis, on 24 May 2008. According to the result, over 26.8 million eligible voters had voted in favour of the Constitution, accounting for 92.48 per cent in the referendum. Therefore, the new State Constitution had already been approved by the overwhelming majority of the people of Myanmar. The State Peace and Development Council (SPDC) issued Announcement No. 7/2008 on 29 May 2008 announcing that the State Constitution had been ratified and promulgated by the national referendum. Myanmar had therefore successfully completed the fourth step of the Seven-Step Road Map. The multi-party democracy general elections, which was the Fifth Step, would be held in 2010. This was indeed significant progress in Myanmar's political transition towards a democratic society.

He added that the joint field visit of the Ministry of La bour and the ILO Liaison Officer on 20 to 21 May 2008 to Nyaung Lay Bin Township, Bago Division, for awareness raising had proved the freedom of movement of the ILO Liaison Officer to carry out his responsibilities. Another area in which significant progress had been made was public awareness and educational activities. A special press conference organized by the Ministry of Labour had been held on 26 March 2007 in Nay Pyi Taw. The Director-General of the Department of Labour had explained in detail about the Supplementary Understanding and had replied to the questions raised by reporters and journalists. The Ministry of Labour had also published news about the prohibition of forced labour in the country in the local newspaper, the New Light of Myanmar, on 31 March 2007.

He informed the Committee that in response to the request of the Governing Body, the translation of the Supplementary Understanding into the Myanmar language had been completed and uploaded onto the web site of the Ministry of Labour. The translated version of the Supplementary Understanding had also been sent to the ILO Liaison Officer.

He noted that since the 301st Session of the Governing Body, the Liaison Officer had received 78 complaints, of which 45 had been transmitted to the Working Group for necessary action after the preliminary investigation had been made by the Liaison Officer. Of the 45 cases, 29 had already been closed after necessary investigation by the Ministry of Labour. The remaining 16 cases were under investigation and would be finalized in the near future. At the end of February 2008, the ILO Liaison Officer had transmitted 19 cases relating to the military to the Chairperson of the Working Group, the Deputy Minister of Labour. The Ministry of Labour had submitted those cases to the Adjutant General's Office of the Ministry of Defence for the necessary action. The details of these cases had already been provided to the Committee of Experts on the Application of Conventions and Recommendations on 28 February 2008. The Ministry of Labour subsequently received another six new cases from the ILO Liaison Officer, which had also been forwarded to the Adjutant General's Office for necessary action. The total number of cases related to the military was therefore 25, of which 16 had already been closed and only nine remained. Of the nine remaining cases, replies had already been provided to the ILO Liaison Officer on four cases, and five cases were still under investigation.

He emphasized that his country attached great importance to the question of the protection and promotion of the rights of the child. Myanmar was a party to the United Nations Convention on the Rights of the Child and had enacted the Child Law, as well as the Military Service Recruitment Laws and Regulations, under which the recruitment of minors under the age of 18 was illegal. He added that the United Nations Country Team in Myanmar had been cooperative and supportive of the Government's endeavours to prevent the recruitment of under age children. Cooperation would be continued with the United Nations Country Team and also with the Special Representative of the Secretary-General for Children and Armed Conflict.

With regard to Su Su Nway, he indicated that she had been charged in two cases. The first was under sections 124 (a), 130(b) and 505(b) of the Penal Code. The second was under sections 143 and 147 of the Penal Code. The trial at the West Yangon District Court was still proceeding. In both cases, the sections of the Penal Code under which she had been charged did not relate to either the Supplementary Understanding or workers' affairs. With regard to the case of Min Aung, he had been charged under Penal Code section 143 providing for the punishment of a member of an unlawful assembly, and section 295 respecting a malicious act intended to outrage religious feelings of any group by insulting its religion or religious beliefs, as well as under section 505(b) respecting statements leading to public mischief. He had been found guilty under the above sections and sentenced accordingly by the Thandwe District Criminal Court. Upon appeal to the Rakhine State Criminal Court, the sentences had all been reduced. All of the above sections of the Penal Code were beyond the scope of the Supplementary Understanding and workers' affairs, and the Supreme Court confirmed the decision of the Rakhine State Criminal Court. In another case, Min Aung had been charged in the Thandwe District Criminal Court under section 6 of the Formation of Associations Law and had been found guilty and sentenced. Following an appeal to the Rakhine State Criminal Court, the sentence had been reduced.

He reconfirmed that the case of Thet Wai was not in any way associated with activities against forced labour. He had been charged under section 353 of the Penal Code respecting assault or criminal force to deter a public ser vant from discharging his duty, and section 189 respect ing the threat of injury to a public servant. The trial was still proceeding.

He indicated that, among the basic principles enshrined in the new State Constitution, a provision relating to forced labour was specifically included in Chapter VIII, paragraph 359. This clearly demonstrated that the Government had put in place a comprehensive framework of legislative measures to eliminate the practice of forced labour in the country.

He took the opportunity to provide information on the situation in Myanmar after the powerful tropical cyclone which had severely affected the country. Earlier in the month, Myanmar had faced the most severe natural disaster in its history. Cyclone Nargis had hit Ayeyawady and Yangon Divisions on 2 and 3 May. The effect had been devastating. About two days before the natural disaster, national television and radio had continuously warned the people in the regions about the storm. However, the magnitude of the storm had been very severe with very high winds and a very high tide, preventing the local people from moving from the areas. As a result, 77,738 people had been confirmed dead, 55,917 people were still missing and 19,359 had been injured.

The Government, in cooperation with the international community, was taking emergency relief and rescue measures including the establishment of emergency relief camps and the distribution of emergency relief provisions to the cyclone victims. The Government of Myanmar was also working closely with the Association of South-East Asian Nations (ASEAN), neighbouring countries and the international community. On 19 May, ASEAN had established an ASEAN-led coordinating mechanism to facilitate the effective distribution and utilization of assistance from the international community. A task force headed by the ASEAN Secretary-General had been formed to operate the mechanism. As of 25 May 2008, 3273.20 tonnes of humanitarian supplies delivered by 221 cargo flights from various countries and organizations had been received. In addition, emergency relief provisions were being received by sea and land everyday. These supplies had been distributed to the victims immediately.

The Government had announced a three-day national mourning period for the cyclone victims from 20 to 22 May 2008. The Chairperson of the State Peace and Development Council had toured the cyclone-hit areas on 19, 20 and 21 May 2008 and had encouraged the victims in the affected areas. The Government had arranged a visit to the relief camps in Yangon and Ayeyawady Divisions for diplomats, United Nations agencies, representatives of donor countries and international organizations on 17, 21 and 22 May 2008. The United Nations Secretary- General Ban Ki-moon visited relief camps in the hardest-hit delta areas on 22 May; the local authorities explained to the Secretary-General the measures being taken for rehabilitation, health-care services and to meet the needs of the victims. He had been received by the Head of State and the Prime Minister.

On 25 May 2008, an ASEAN-United Nations International Pledging Conference had been held in Yangon. A total of 51 countries and 24 international organizations had participated in the Conference, which had been attended by Ban Ki-moon. The Conference had focused on cooperation in providing assistance to the victims of the cyclone.

In conclusion, he extended his deep appreciation to governments, the United Nations, including the International Labour Organization, international organizations, non-governmental organizations, private individuals and friends far and near for the sympathy and condolences expressed and the kind generosity in donating emergency relief provisions as well as financial support for relief and resettlement of the victims in the cyclone-hit areas. He also expressed gratitude to Mr Marshall and the staff of the ILO Liaison Office which, as part of the United Nations Country Team, was cooperating actively with the Government in the relief efforts.

The Worker members emphasized that for many years the Conference Committee on the Application of Standards had been holding a Special Sitting on the serious and continuing situation with regard to forced or compulsory labour in Myanmar. This year, however, and unlike in previous years, when the Conference Committee had had to be content with small steps forward or backward, the situation had been deeply affected by dramatic political and humanitarian events.

It should be recalled that the 1997 Commission of Inquiry had concluded that widespread and systematic violations of Convention No. 29 existed in both national law and practice. In July 2008, it would be ten years since the Commission of Inquiry had formulated the following three recommendations: (1) that the relevant legislative texts should be brought into line with Convention No. 29; (2) that in actual practice, no more forced or compulsory labour should be imposed by the authorities, in particular the military; and (3) that the penalties which could be imposed for the exaction of forced or compulsory labour should be strictly enforced.

In addition, to ensure the implementation of these three recommendations, the Committee of Experts had identified four areas in which concrete measures should be taken. However, the continued failure by the Government to implement the recommendations of the Commission of Inquiry had led the Governing Body to have recourse to article 33 of the ILO Constitution in March 2000, an unprecedented decision. Despite this decision, however, year after year the Committee of Experts and the Conference Committee had only been able to highlight the flagrant continuing violations of Convention No. 29 and the systematic refusal to give effect to the recommendations of the Commission of Inquiry. Ten years later, none of the recommendations had been implemented. During this time, a large number of multinational enterprises, however, had no hesitation in remaining in the country.

What is the situation today? According to the latest observation of the Committee of Experts, as well as the report of the Liaison Officer and the new facts reported in documents D.5 and D.6 to the Conference Committee, the Government, although it had drafted a new Constitution, had not included the principle of freedom of association or a clear prohibition of forced labour. Freedom of association was therefore still entirely subject to laws on state security. The Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) would be respected no more in the future than it had been in the past. Moreover, the provision in the draft new Constitution prohibiting the use of forced labour contained such restrictions that it contradicted Convention No. 29.

Furthermore, no high-level statement on forced labour had been made by the Burmese authorities, despite the fact that the Governing Body had requested such a statement on several occasions. With regard to adequate budgetary means to replace forced or unpaid labour, the Government had indicated that a share of the budget was allocated to every ministry to cover labour costs. Nevertheless, as the Committee of Experts had mentioned in its observation, it was difficult to understand why recourse to unpaid forced labour remained widespread, particularly by the military and local civil administrations.

With regard to the dissemination of information and enforcing the prohibition of forced labour, the Supplementary Understanding of February 2007 represented an interesting development, in that it contained a new mechanism for the submission of complaints through the Liaison Officer. This mechanism was a step forward. However, it was only a very small step forward as the Liaison Officer could only receive complaints and assist complainants, but could not report violations himself. In addition, the mechanism was still little known, for at least two reasons. First, even after 15 months, no understandable version of the Supplementary Understanding was available because the Junta had not yet approved a translation. Second, those who did not live close to Yangon encountered significant practical difficulties in presenting complaints, in view of the lack of a communication network covering the whole country. Finally, a number of people who had made complaints or who had been engaged in activities to implement the Supplementary Understanding had been harassed or detained.

In that context, the number of complaints received could not be considered to reflect the extent of forced labour in the country. Moreover, the means - that is to say the complaints mechanism - should not be confused with the end, namely the abolition of forced labour. However, the mission of the Liaison Officer should not be restricted to implementing the Supplementary Understanding. Priority must always be given to working toward the implementation of the three recommendations made by the Commission of Inquiry.

The new mechanism was nonetheless revealing in two respects, namely the continued existence of forced labour and the glaring lack of democracy and freedom of expression. With regard to the continued existence of forced labour, the International Trade Union Confederation (ITUC) had provided the Committee of Experts with extensive documentation. In relation to the extent of democracy, certain facts and events should be recalled, such as the following:

- the severe repression by the Government of the peaceful demonstrations of September 2007 and the higher death toll than initially reported;

- the detention and imprisonment of individuals who had exercised their fundamental right of expression, including Min Aung, Su Su Nway and the six trade union activists sentenced in September 2007, and the charges made against one of the facilitators of the new complaints mechanism, U Thet Wai, simply for being in contact with the ILO;

- the arrest this week of 18 people protesting peacefully against the extension of the house arrest of Aung San Suu Kyi, despite the draft new Constitution guaranteeing freedom of expression;

- the referendum on the draft new Constitution, which had been prepared and drawn up in an authoritarian manner, without any dialogue with the opposition and excluding any participation by nuns, monks and Hindu and Christian leaders, as well as Aung San Suu Kyi and others;

- the three-year prison sentence for disseminating leaflets, posters, speeches and other means of criticizing the referendum; and finally

- the reservation for the military of 25 per cent of parliamentary seats and of the right of veto.

The restriction of democracy had been dramatically demonstrated after cyclone Nargis had struck. The areas affected had been closed to all humanitarian aid from outside. The population had been unable to express either its suffering or its urgent needs, with the result that, according to estimates, at least one third of those affected still lacked vital aid. The Worker members expressed their full sympathy and complete solidarity with the Burmese people.

The humanitarian disaster should not divert attention from forced labour in Burma. Indeed, the Junta might well try to take advantage of the disaster to increase the use of forced and child labour in the long process of reconstructing the country. It was therefore incumbent upon all international organizations and governments to ensure that their aid was in compliance with the fundamental rights of the workers of Burma. Similarly, the International Labour Organization should ensure that reconstruction of the country was carried out in accordance with the rights of workers and the principle of decent work.

The Worker members added that the Committee had been holding a Special Sitting on the case for almost a decade and the case had been before the Conference Committee for over 26 years. The cause of Burmese workers and their struggle against the slave labour regime in the country were also those of the worldwide labour movement, notwithstanding the unacceptable libel by the regime that the Federation of Trade Unions of Burma (FTUB), was a terrorist organization. It was impossible to review the case in a vacuum. It was therefore necessary to recall the brutal crackdown in September 2007 against the largest democratic mobilization since 1988, in which at least 110 people had been killed and thousands wounded; the imposition of 20 to 28 year prison sentences on six trade union activists last year, namely Thurein Aung, Kyaw Kyaw, Shwe Joe, Wai Lin, Aung Naing Tun and Nyi Nyi Zaw, merely for meeting to discuss labour rights; and the odious interference by the regime with the entry of international relief workers and the confiscation of vital food and medicine in the midst of the tragic national disaster of cyclone Nargis. Moreover, as recently as the previous week, the regime had even violated its own laws and Constitution by extending the detention of Aung San Suu Kyi for five more years, as well as arresting the peaceful demonstrators who had protested against this measure. These events merely added to the incontrovertible evidence of the chronic bad faith of the regime in relation to internationally recognized human rights and the ILO's fundamental Conventions, as well as its total disdain for nearly the whole of its people.

The Worker members also recalled their comments the previous year on the relative merits, but also the limitations of the Supplementary Understanding, including the real fear of reprisals by its State Peace and Development Council (SPDC), restrictions on freedom of travel for complainants in outlying regions, and the thousands of Burmese victims living in Bangladesh, Malaysia, Thailand and other countries unable to have access to the system. The very basis of the Supplementary Understanding was that there should be no more reprisals against complainants or potential complainants. Yet, notwithstanding the protestations of the Government representative, only a few months ago U Thet Wai of the National League of Democracy had been arrested for possessing reports on forced labour which were to be delivered to the ILO Liaison Officer. The media had also reported that over 30 activists investigating labour issues had been arrested and were still being detained.

Contempt and impunity, both in law and in practice, had been the primary response of the military regime in relation to the recommendations of the Commission of Inquiry, approved by the Governing Body over ten years ago. Firstly, with regard to the recommendation to issue specific and concrete instructions to the civilian and military authorities, as noted by the Committee of Experts, the Government had still not provided even minimal details of the content of such instructions. Indeed, in view of the extensive documentation gathered together by the ITUC on the continued existence of forced labour in virtually every region, it was clear that such instructions had not been given. Secondly, with regard to the call to give wide publicity to the prohibition of forced labour, and despite the claim that publicity had been given to the Supplementary Understanding, there had still been no unambiguous public statement at the highest level that all forms of forced labour were prohibited throughout the country and would be duly punished. Thirdly, the demand for the Government to provide for the budgeting of adequate means to replace forced and unpaid labour remained unheeded. Fourth, in relation to ensuring the enforcement of the prohibition of forced labour, the Committee of Experts concluded that the regime had still not repealed the authorization of forced labour in the respective legislation despite promising to do so for over 40 years. The regime had also failed to adopt positive legislation prohibiting forced and bonded labour by children, including in the armed forces. The Committee of Experts further noted that the authorities had failed to bring any administrative or criminal action against military personnel for the imposition of forced labour conditions on the population. Of the 24 complaints that had been forwarded by the Liaison Officer to the Government, only two civilian officials had been subject to any serious and effective prosecution. The Worker members therefore reiterated their profound concern at the lack of criminal liability.

Finally, the Worker members recalled that the Governing Body had decided in March 2007 to defer the question of an advisory opinion by the International Court of Justice until the necessary time. The latest report of the Committee of Experts made it abundantly clear that the cooperation and actual progress achieved in complying with the recommendations of the Commission of Inquiry did not even come close to meeting the relevant threshold, which had been identified as one of the basic issues for review by the International Court of Justice.

The Employer members thanked the Government representative for appearing once again before the Conference Committee in its examination of the ongoing failure of his country to implement Convention No. 29. They affirmed that the hearts of the global community went out to the country because of the devastation of cyclone Nargis. However, they believed that the country's handling of the tragedy, and particularly its slowness in accepting aid from the international community and the lack of transparency, illustrated some of the root causes of forced labour, which was still prevalent. The causes of the forced labour situation included the lack of fundamental civil liberties, and particularly 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.

They emphasized that two events had had a significant impact on the context within which the ILO was working in the country, namely the civil unrest and its repression in the autumn of 2007 and the devastation caused by cyclone Nargis. When discussing the case, the ILO's supervisory bodies had focused attention on the recommendations of the Commission of Inquiry, in respect of which the Committee of Experts had identified four areas in which measures needed to be taken: issuing specific and concrete instructions to the civilian and military authorities; ensuring that the prohibition of forced labour was 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.

The Employer members welcomed the extension of the trial period of the Supplementary Understanding and recognized that the number of complaints had increased. However, fundamental practical problems seemed to persist in the physical ability of victims or their families to file a complaint and for the Liaison Officer and his team to carry out their duties. They expressed serious concern that a number of persons associated with the application of the complaints mechanism remained in detention, and were of the view that the low level of complaints was an indication that the citizens might not have adequate access to the mechanism nor feel that they had the freedom to file complaints. Moreover, commenting on the statement by the Government representative that criminal law was outside the scope of the Supplementary Understanding with the ILO, the Employer members emphasized that the important point was to ensure that criminal law did not override human rights, violate the right of freedom of association, or facilitate or condone forced labour.

The Employer members welcomed the approval by the Government of a translation of the Supplementary Understanding and understood that the draft text of a proposed brochure was currently under consideration by the Government. They emphasized that continued publicity of the mechanism was vital to ensure wide knowledge of the prohibition of forced labour and its effective application in practice, so as to send a message to potential perpetrators that they were not free to act with impunity. They hoped that the ILO text for the brochure would be approved and distributed throughout the country without delay. Targeted training and joint missions to follow-up specific complaints would also be helpful. But they emphasized that a high-level public statement on the Government's policy on the prohibition on forced labour remained vital to demonstrate a clear commitment to the eradication of forced labour.

Although it was too early to assess the effects of cyclone Nargis, they emphasized that forced labour and other human rights abuses should not occur in the reconstruction process. In this respect, they expressed appreciation of the work carried out by the Liaison Officer and other United Nations agencies under difficult circumstances, and urged the Government to facilitate their task.

The Employer members noted that the recently adopted Constitution contained specific articles on the right to freedom of association, freedom of expression and the right to organize. However, they observed that the article banning the use of forced labour contained qualifications which raised questions concerning its conformity with the Convention. Time would tell whether and how the rights contained in the two fundamental Conventions ratified by Myanmar would be applied in practice following the adoption of the Constitution. Words were not enough. Full and complete implementation in practice was required in accordance with the obligations of Convention No. 29.

The ILO had been calling on the Government to apply the Convention in both law and practice and to bring an end to the intolerable climate of impunity. The Government remained far from applying the measures recommended by the Commission of Inquiry, or from giving effect to the four areas of action identified by the Committee of Experts. It was a matter of concern that the Government had not replied in detail to the information requested by the Committee of Experts in its previous observation or to the ITUC's latest communication. The Employer members urged the Government once and for all to provide full and detailed information to the Committee of Experts as an unequivocal sign of its willingness to engage in genuine cooperation with the ILO's supervisory bodies. They also reminded the Government that the Supplementary Understanding and the establishment of a complaints mechanism in no way relieved the Government of its obligation to suppress forced labour under the Convention.

In conclusion, the Employer members urged the Government to make tangible improvements in national legislation and to provide sufficient funds to ensure that paid labour replaced forced labour under both civil and military administration as a demonstration of its unambiguous will to combat forced labour and the longstanding and unacceptable climate of impunity. The situation had gone on for too long. It was time for the Government to adopt a sense of humanity, bring an end to forced labour and rebuild the country without resorting to forced labour, as demanded by its own citizens and by the world.

The Government member of Slovenia, speaking on behalf of the Governments of Member States of the European Union (EU), the candidate countries of Croatia, The former Yugoslav Republic of Macedonia and Turkey, as well as Armenia, Georgia, Iceland, Republic of Moldova, Montenegro, Norway, Switzerland and Ukraine, reaffirmed their solidarity with the people of Burma/Myanmar affected by cyclone Nargis and welcomed the international conference held in Yangon on 25 May 2008, co-sponsored by the United Nations and ASEAN, to address the pressing needs of those affected by the terrible natural disaster. He expressed strong support for the efforts of the United Nations, international and local agencies, non-governmental organizations, the International Red Cross and Red Crescent Movement, donors and all others to bring vital aid to the people of the country. Free and unfettered access for such actors was urgent to prevent an even greater tragedy. He therefore called on the authorities to ensure expeditious delivery of visas and travel permits to all international humanitarian workers and took note of the gradual openings made so far. The European Union expected the authorities not to use forced or child labour in the reconstruction of the country, as had been the case after the tsunami of December 2004.

This case was one of the most serious and long-standing cases that the ILO had ever had to address. He therefore reiterated full support and appreciation for the work of the ILO and the Liaison Officer in assisting the Government to abolish the practice of forced labour. In that regard, he recalled the Conclusions of the Commission of Inquiry, the resolution of the 89th Session of the International Labour Conference, the conclusions of past sessions of the Governing Body and the four measures identified by the Committee of Experts to comply with the recommendations of the Commission of Inquiry, namely the following: issuing specific and concrete instructions to the civilian and military authorities; ensuring that the prohibition of forced labour was 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. He called upon the authorities to ensure that children were not recruited for military service and that all perpetrators of the illegal extraction of forced labour were adequately penalized, with the penalties being strictly enforced.

Welcoming the Supplementary Understanding of 26 February 2007 between the ILO and the national authorities, the aim of which was to eradicate forced labour and establish an effective complaints mechanism for victims of forced labour to seek redress without fear of harassment or reprisal, he noted with interest that the trial period of the Supplementary Understanding had been extended for a further year. Nevertheless, he reasserted the deep concern that the population outside Yangon was, by and large, unaware of the complaints mechanism set up by the Supplementary Understanding, owing to lack of translation, distribution and awareness-raising activities. He again urged the authorities to implement fully the Supplementary Understanding and arrange for further translation into local languages and for wide and easily understandable dissemination of the Supplementary Understanding and other awareness-raising materials.

The report of the Committee of Experts concluded that the complaints mechanism, while valuable, did not by itself address the root causes of the forced labour problem that had been identified by the Commission of Inquiry and the High-level Team. In particular, it did not address the basic governance relationships prevailing in the country, the role of the army and its self-reliance policy, and the absence of freedom of association and, more generally, freedom of assembly.

Clearly, the implementation of the Supplementary Understanding was not and could not be sufficient. In order to achieve substantial and lasting progress in eliminating forced labour, the national authorities needed to undertake a number of more-than-overdue measures beyond implementing the Supplementary Understanding, which was only one step towards achieving compliance with Convention No. 29. It was of paramount importance that the authorities reaffirmed, in a public and unambiguous statement at the highest level, the prohibition and illegality of all forms of forced labour, including the recruitment of child soldiers, and replaced contradictory legal provisions with the appropriate legislative and regulatory framework to give effect to the recommendations of the Commission of Inquiry. He shared the concern of the Liaison Officer that the article in the new Constitution banning the use of forced labour contained qualifications that could raise the question of its conformity with Convention No. 29. Finally, he encouraged neighbouring countries to continue with their efforts to lead Myanmar towards the ending of forced labour and the encouragement of national reconciliation.

The Government member of New Zealand expressed her Government's sincere appreciation for the continued dedication of the ILO Liaison Office in Yangon in promoting observance of Convention No. 29 by the Government, particularly in the face of the added challenges of the September 2007 protests, the constitutional referendum held in May 2008 and the major natural disaster of cyclone Nargis. The Liaison Office had been unstinting in its work, even managing to expand its range of activities, which had included a training of trainers course for military recruitment.

Her Government welcomed the extension of the Supplementary Understanding for a further 12 months, hoping that it would continue to produce results and that understanding of the issue would grow. Nevertheless, more was needed. To that end, the Government was urged to implement the recommendations of the Commission of Inquiry and to make a clear commitment to bringing an end to the practice of forced labour. The recent approval of a translation of the Supplementary Understanding was a step in the right direction. Her Government looked forward to its effective use, along with other informational material under consideration, including an explanatory brochure, in raising awareness of what forced labour was, explaining citizens' rights under the law and describing how complaints could be made using the ILO mechanism.

The people of Myanmar had the heartfelt sympathies of her country following the devastation wreaked by cyclone Nargis. Expressing concern that the risk of trafficking and forced labour might increase in the wake of the cyclone, the Government was urged to work with the ILO and others involved in relief efforts to ensure that reconstruction did not involve the use of forced labour. The absolute commitment of the Government to the process remained paramount. Her Government looked forward to deeper cooperation between the authorities and the ILO in the months and years ahead, with the goal of eradicating forced labour wherever and in whatever guise it appeared.

The Worker member of Japan referred to statistical data from various organizations concerning living conditions in Burma. According to the United Nations Children's Fund (UNICEF), the infant mortality rate remained high, with one death in ten births. Malnutrition was widespread among children with about one third of children severely or moderately stunted and underweight. More than 25 per cent of the population lacked access to safe drinking water and arsenic contamination was a major concern.

She also referred to the warning issued by the Director of the World Food Programme (WFP) in October 2007 that at least 5 million people were short of food and that humanitarian assistance was not enough to meet their needs. The WFP had also indicated in a project proposal submitted to its Executive Board that one third of the children were malnourished and one fifth were born underweight. The maternal mortality rate was 230 per 10,000 live births.

The United Nations Development Programme (UNDP) had recently conducted a household survey with the permission of the Government. The survey found that 95 per cent of the population lived on less than US$1 a day and 90 per cent on less than 65 cents a day. The average household spent almost 75 per cent of its income on food.

She stated that everybody should feel uncomfortable with the current situation in which, while the Government allocated only 0.5 per cent of its budget to health, 40 per cent of the budget went to the armed forces. Moreover, the Government had reportedly spent over US$300 million for the construction of its new capital, Naypyidaw. The people of the country were in need of access to in- ternational aid. In reality, however, due to the Government's deplorable human rights record, including workers' rights and forced labour, the amount of official development assistance provided by foreign governments had been sluggish, amounting to US$147 million in 2006, a slight increase by US$2 million from the previous year. Japan was the largest donor, with a contribution of US$25.49 million or 33 per cent of the total assistance received by the country. Such data did not provide a complete picture. Based on statistics of the Organization for Economic Development and Co-operation (OECD), the contributions of emerging economic powers sharing the national boarder remained uncertain. The role of the Asian Development Bank (ADB) could not be overlooked. In its annual report for 2007, it had stated that it continued to monitor economic development and would formulate an operational strategy when appropriate, and that no loan or technical assistance project had been approved since 1987. This was in contradiction with the fact that in developing the Greater Mekong Subregion Energy Strategy, a regional cooperation programme with the participation of six countries, including Burma, the ADB had been the driving force since the programme's inception in 1992. In many development projects under this scheme, numerous problems had been reported in relation to environmental assessments, the livelihoods of the people affected and damage to the biological and cultural diversity. She indicated her concern with respect to forced relocations and the use of forced labour in Burma.

Concerning the emergency assistance following the cyclone Nargis, there could be no question of opposing the humanitarian aid provided or pledged by many foreign governments to meet the urgent needs of the victims. She called on the Government and donors to ensure that assistance reached the people who were badly in need of it, as well as the country's democratic organizations, and that as the focus shifted from disaster relief to reconstruction no forced labour was used in the process.

She urged the Government to reallocate its budget to make greater provision for health, food, water and education. She also requested other governments to respect and apply the resolution adopted by the 88th Session of the ILC in 2000, to review their relations with the country and to report back to the Governing Body.

The Government member of Canada extended his Government's sympathies to the many thousands in Burma who had lost loved ones and whose lives had been severely affected by cyclone Nargis. The leadership of the United Nations, including its Secretary-General, in coordinating relief efforts with ASEAN and the national authorities was recognized, and the ILO Liaison Officer and his team were thanked for their work under difficult conditions. Although a small, but increasing number of international aid workers were gaining access to affected areas, he expressed concern at the ongoing challenges reported by humanitarian actors.

May 2008 had not been an encouraging month for the Burmese people. A reluctant regime continued to be slow to provide full and unhindered access for humanitarian actors to the affected populations, and his Government called for it to afford such access without delay. A new Constitution had been adopted with no credible consultation of citizens, and the house arrest of Aung San Suu Kyi, who had been in detention for more than 12 of the last 18 years, had been extended once more. His Government had condemned that decision. Such deeply disappointing but entirely predictable developments provided a critical and instructive context for the particular work on forced labour that the ILO had to do in the county.

At its 301st Session (March 2008), the Governing Body had formulated conclusions calling, inter alia, for steps to be taken by the authorities to communicate to their own people the action agreed with the international community, represented by the ILO. The simplest step was the reproduction and dissemination of the Supplementary Understanding in local languages. More demanding, perhaps, was the call for the authorities to make an unambiguous public statement at the highest level reaffirming the prohibition of any form of forced labour and their ongoing commitment to enforcing that policy. The Supplementary Understanding had now been translated into Burmese and discussions were under way concerning its effective promulgation. This development, although modest, was welcome and his Government hoped to see the Supplementary Understanding disseminated soon throughout the country. The unambiguous high-level statement, however, remained unspoken and, as a next step, the authorities were called to make such a statement and implement the recommendations of the Commission of Inquiry in order to bring an end to forced labour.

The reference to forced labour in the new Constitution was not only insufficient; it appeared to be problematic, raising questions about its conformity with the provisions of Convention No. 29. The work of the Committee of Experts was commended and attention drawn to the last line of its report: "The Committee remains hopeful that, having agreed the Supplementary Understanding, the Government will finally take the required steps to achieve compliance with the Convention in law and in practice and resolve one of the most serious and long-standing cases that this Committee has ever had to address."

The Government member of China took note of the statement by the Government representative. Her Government was delighted that the Government of Myanmar had been working closely with the ILO since the conclusion of the Supplementary Understanding. Since the Governing Body had reviewed the situation in March this year, the Government had taken concrete steps.

A referendum had been conducted in May 2008 on the new Constitution which clearly prohibited all forms of forced labour, thereby resolving the remaining legal issue. The ILO's Liaison Office was working closely with local focal points to prevent the use of forced labour. The complaints mechanism was functioning smoothly. The Supplementary Understanding had been translated and was being disseminated by the Ministry of Labour. In collaboration with UNICEF and other agencies, training had been undertaken for trainers. All these efforts indicated the Government's sincere political will to eradicate forced labour.

As seen in the cooperation between the Government and the ILO, there was effective collaboration based on mutual trust for the sustainable well-being of the people. Her Government hoped that the ILO and the international community would remain committed to continuing the constructive dialogue and would provide encouragement and assistance, especially in terms of infrastructure. These would help to eradicate forced labour and guarantee fun damental rights and equality of access to development and its benefits.

The Worker member of Malaysia expressed concern that among ASEAN member States, different standards of practice existed with regard to human rights. The ASEAN Charter stated that its member States adhered to the principle of democracy, the rule of law and good governance, and respect for and protection of human rights and fundamental freedoms. Fundamental human rights needed to be respected, upheld and practised, which he hoped would contribute to establishing the conditions necessary for the realization of decent work for all human beings so as to improve equity and human dignity in the ASEAN area.

Since 1991, the UN General Assembly had adopted 16 resolutions on Burma which directly addressed a range of issues, including denial of human rights, lack of progress towards democracy and the ongoing detention of political prisoners. Strongly worded statements had been issued year after year, highlighting the military nature of the Burmese regime and the failure of the State Peace and Development Council (SPDC) to address the concerns of the United Nations in a meaningful way. Since 1992, the United Nations Human Rights Committee and the Human Rights Council had adopted 15 resolutions on the SPDC's refusal to respect the fundamental human rights of Burma's people. Resolutions had time and again called on the SPDC to end systematic human rights violations, including forced labour and forced relocation, and to respect fundamental freedoms, including freedom of assembly, association, expression and movement.

These United Nations human rights bodies recognized that respect for human rights, the rule of law, democracy and good governance were essential to achieving sustainable development and economic growth, and had affirmed that the establishment of genuine democratic government was fundamental to the realization of human rights and fundamental freedoms. Forced labour could only truly be eliminated by ensuring respect for human decency and human rights. Impunity must also be combated, and there was a need to investigate, prosecute and punish human rights violations, including forced labour, by members of the military and other officials in all circumstances.

Despite attempts by the international community to accelerate the process of finding a political solution and to assist in engaging the SPDC in substantive political dialogue with the National League for Democracy (NLD) and ethnic nationalities, the SPDC had established, as a precondition to dialogue with NLD leader Aung San Suu Kyi, that the NLD abandon its long-standing call for economic sanctions. Although the Special Rapporteur on the situation of human rights in Myanmar, appointed by the United Nations Human Rights Council had been allowed to visit the country to carry out his mandate for the first time in four years, in his final report in March 2008 he stated that the SPDC's initial willingness to address issues under his mandate had disappeared and, regrettably, many recommendations formulated had therefore not been implemented.

This high level of engagement by major international institutions demonstrated the international community's strong commitment to support a process of the restoration of democracy and national reconciliation and the establishment of respect for human rights. However, despite its support for the related initiatives, the permanent members of the UN Security Council had not reached agreement on a binding resolution on Burma.

In December 2007, the UN Secretary-General had established a "Group of Friends" comprising closely interested countries. Following the devastating cyclone Nargis in May 2008, the UN and ASEAN Secretaries-General had intervened to negotiate access for the delivery of humanitarian relief and access for international aid specialists. He expressed satisfaction that the UN-ASEAN-led team had finally been able to assist people in gaining better access to urgently needed humanitarian relief supplies.

The international community had faced great frustration over the years in pushing for political reform and respect for human rights. Measures such as an arms embargo, trade and investment bans, targeted sanctions, visa bans and the freezing of assets had been taken by various governments and should be strengthened. Recalling the conclusions of the 300th and 301st Sessions of the Governing Body and the Special Sitting on Myanmar of the Conference Committee in 2007, he emphasized that the country had made no progress in fulfilling its obligations under Convention No. 29 to eliminate the widespread practice of forced labour. All options available in international law to ensure full implementation of the Convention should be explored, including the possibility of referral to the International Court of Justice. The dignity and rights of the people of Burma demanded nothing less.

The Government member of Japan expressed his Gov- ernment's profound sympathy for the tragedy caused by the cyclone which had claimed so many lives earlier this month.

Since the successful conclusion of the Supplementary Understanding last year, progress had been made in its operation, including the approval of its translation, which was essential to raise the awareness of citizens and workers of their rights under the Understanding. His Government also welcomed the educational activity jointly undertaken by the Ministry of Labour and the ILO Liaison Office which had also served to enhance awareness. The Government's commitment in principle to holding the second round of training soon should also be commended.

His Government hoped that efforts to further enhance awareness would lead to the effective application of the Supplementary Understanding.

His Government appreciated the detailed explanations of the Government representative on the implementation of the laws and regulations against forced labour. With regard to the application of the Supplementary Understanding, he noted with concern the report of the Liaison Officer that a number of complaints on forced labour had been received and submitted to the Government. He expressed the hope that the Government would sincerely examine these cases and take proper and swift action to improve the situation.

A referendum had recently been held on the new Constitution. While recognizing the inclusion of an article banning the use of forced labour, he noted with apprehension the indication by the Liaison Officer that the article contained qualifications, giving rise to questions as to its conformity with the Convention. He expressed the hope that this apprehension would be dispelled as soon as possible.

With regard to the recent cyclone, while earnestly hoping that the country would recover from the disaster as soon as possible, and his Government was ready to maintain its assistance, his Government urged the Government of Myanmar to ensure that there was no risk of the increased use of forced labour, child labour, human trafficking and migrant labour in the recovery and reconstruction processes.

In conclusion, with the reinforcement of the presence and activities of the ILO in Myanmar, he expressed the hope that the Government and the ILO, particularly through its Liaison Officer, would continue their close collaboration and cooperation to address these issues and improve the situation.

The Government member of the United States thanked the Office for the detailed and candid report and commended the admirable work of the Liaison Officer under very difficult circumstances. The ILO had exhibited exceptional judgement in seeking to maintain dialogue with the military regime while simultaneously holding it to the high standards of labour and human rights upheld by the Organization.

She recalled that it was now a decade since the Commission of Inquiry had formulated very specific and clear recommendations to the Burmese authorities to bring the legislation into line with Convention No. 29; end the imposition of forced or compulsory labour by the authorities, in particular the military; and ensure that penalties for forced labour were strictly enforced. The Committee of Experts had also identified four equally clear areas in which measures still needed to be taken by the authorities in order to give effect to the recommendations of the Commission of Inquiry: issuing specific and concrete instructions to the civilian and military authorities; ensuring that the prohibition of forced labour was 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.

In the light of these recommendations, she noted the modest steps taken in recent months relating to the translation, distribution and publicity of the Supplementary Understanding. However, her Government regretted the lack of more meaningful progress. Although a number of complaints had been registered and processed under the complaints mechanism, there was no doubt that forced labour remained a widespread and serious problem and that the filing or facilitating the filing of a complaint about the exaction of forced labour was still a high-risk activity. Furthermore, based on the Office's report, it would appear that the penalties imposed on military perpetrators of forced labour were not credible and that the article in the new Constitution banning forced labour contained qualifications that might not be in conformity with Convention No. 29. She also noted with concern that labour activists remained in prison, children continued to be coerced into military service and the authorities had still not issued a high-level statement on forced labour.

Although the Supplementary Understanding was undeniably significant, there were evident constraints and limits on the contribution that it and its complaints mechanism could make to the eradication of forced labour in the country. In particular, it did not address the root causes of the problem. Her Government therefore once again called on the regime to implement in full and without delay the recommendations of the Commission of Inquiry and the Committee of Experts.

The present Special Sitting of the Committee was being held in the wake of the devastating national tragedy of cyclone Nargis. She expressed her Government's deepest sympathy to the victims and noted that the President of her country had promised every effort to help the people of Burma recover from the disaster. However, in view of the regime's record, it would be critical to ensure that the reconstruction process did not involve or accommodate the use of forced labour in any of its forms. Anything less was unacceptable.

She added that the elimination of forced labour was inextricably linked to progress in guaranteeing freedom of association and restoring democracy in the country. She expressed deep concern at the general lack of regard for fundamental worker and human rights and noted that her Government had as a consequence imposed broad sanctions against the regime under several legislative and policy vehicles. These measures would be kept under review and additional measures would be considered as long as the authorities failed to end the brutal repression of their own people. Her Government called for the release of all political prisoners and for genuine dialogue with Aung San Suu Kyi, the National League for Democracy and other democratic and ethnic groups on a transition to democracy. Such a dialogue could only have a positive effect on eliminating the scourge of forced labour in the country.

The Worker member of the Republic of Korea called on all ILO constituents to take action in line with the 2000 resolution. It was regrettable that more than 400 multinational companies continued to support directly or indirectly the military regime's repression of the Burmese people, the use of forced labour, the denial of freedom of association and other human rights abuses, by maintaining business ties with Burma. For the past 20 years, foreign investment had been flowing to Burma, 98 per cent of which went to the oil, gas and power sectors last year. Gas exports accounted for half of the country's exports in 2006 and the sales to its main buyer, Thailand, brought in US$2.16 billion. The funds strengthened the military's capacity for repression because most business was carried out through joint ventures with the military or directed through military-owned and -operated companies. A "production-sharing contract" between foreign companies, many of which were partially or wholly governmentowned, and the Myanmar Oil and Gas Enterprise (MOGE), specified how much the company had to pay the Burmese regime in fees and taxes.

For example the Yadana pipeline, a Chevron-led project carrying natural gas to Thailand, was the military regime's financial lifeline. Yadana gas production in 2007 amounted to approximately 758 million cubic feet per day, 650 million of which was exported. The Burmese military's estimated budget, which supported a massive armed force of 428,000 troops, could be completely funded by the revenues from the Yadana Project (about US$972 million a year). Moreover, many human rights abuses occurred in the gas pipeline region, including murder and rape by pipeline security soldiers, forced con- scription of porters for security patrols, land confiscation, forced plantation programmes, and widespread theft of goods. Another example was the Shwe gas project, which brought in between US$600 and $850 million to the military regime. The Shwe gas consortium was composed of the South Korean company Daewoo International, stateowned companies from India and the Republic of Korea, and MOGE.

Many of the problems in the Burmese economy stemmed from the fact that investment in the oil and gas sector, and other extractive industries, did not generate significant employment nor ensured substantial transfer of skills or technology to local people. This implied that, while the benefits to the regime were great, benefits to Burma's people were very limited.

Whereas more and more governments, especially in the wake of the brutal crackdown on Burmese protesters in September 2007, did impose sanctions on Burma, the country's neighbours and other economic powers in the region seemed ever more eager to do business with the regime. The Republic of Korea, the Russian Federation and Singapore were some of the largest investors in the oil and gas sector last year, and China was the main foreign investor in the power sector (US$281 billion). With respect to trade, investment, economic cooperation and political influence taken together, Burma's three immediate neighbours stood out as the main backers of the regime, and hence as the holders of the keys to the freedom of the Burmese people.

It was therefore crucial that all governments, international institutions, workers' and employers' organizations fully implemented the 2000 resolution, that targeted economic sanctions, in particular relating to import and export of goods, were imposed to stop the financing of the military regime, and that a total arms embargo was implemented as suggested by the European Union. The conclusions of the Committee should call for the adoption of an enhanced reporting mechanism and for a multistakeholder conference to be convened by the ILO to ensure full implementation of the 2000 resolution.

The Government member of India expressed his Government's satisfaction at the tangible progress that had been made and the further strengthening of cooperation between the Government of Myanmar and the ILO. The translation of the Supplementary Understanding and its publication on the web site of the Ministry of Labour was welcomed, as was the progress in the ILO Liaison Officer's work which was being facilitated by the Government of Myanmar. It was a matter of satisfaction that cases concerning forced labour were being resolved through the mutually agreed mechanism between the Government of Myanmar and the ILO. The institutional mechanism to address the issue of recruitment of underaged soldiers was functioning effectively. India had always encouraged dialogue and cooperation between the ILO and the member States to resolve all outstanding issues. The ILO Director-General was commended for his efforts in assisting Myanmar to eradicate the practice of forced labour. His Government continued to remain strongly opposed to the practice of forced labour, which was expressly prohibited under the Constitution of India. The Government of India therefore welcomed recent de- velopments and progress on the issue of the eradication of forced labour in Myanmar.

The Worker member of Italy expressed her concern about the ongoing implementation of the Supplementary Understanding and the impact of the recent humanitarian crisis on the use of forced labour. Persons associated with the complaints mechanism had expressed concerns over reports of harassment and detention; despite that, at its November 2007 session the Governing Body noted some progress in the operation of the Supplementary Understanding. At the March 2008 session, the Workers' group welcomed the extension of the trial period of the Supplementary Understanding, thereby recalling that rapid progress should have been seen by the present session of the Conference, in line with the decisions already taken by the Governing Body. Unfortunately, the decisions had not yet been implemented. Only on 2 May 2008, did the Government approve the translation of the Supplementary Understanding and its publication on the ministerial web site.

The Committee of Experts' conclusions underlined that there were obvious constraints and limits on the contribution that the complaints mechanism could make to the eradication of forced labour because of its structural limitations and that whilst valuable, it does not address the root cause of the problem of forced labour. This same preoccupation is shared by the Worker members. The Liaison Officer's report indicated that his activities are mainly concentrated on the implementation of the Supplementary Understanding, while his work should be focused primarily on the implementation of the recommendations of the Commission of Inquiry. In order to overcome such constraints, the need of putting more human and financial resources at his disposal was underlined.

To date, and despite the increase of forced labour, only 89 complaints had been received, many of which had been rejected by the authorities as minor community work or because they were considered to be beyond the mechanism's mandate. According to the workers, the rejection of some complaints might be in contradiction with the Committee of Experts' jurisprudence, for example, on land confiscation, which the Committee of Experts regularly considered to be a form of forced labour. In addition, while the junta accepted complaints of forced recruitment of children for labour, very few and irrelevant sanctions had been imposed on the military.

In such a situation, the lack of political commitment, the absence of information and of consequent awareness- raising initiatives, the physical inability of victims to complain, and the fear of reprisal constituted major obstacles for reporting. Furthermore, it was unacceptable that the Liaison Officer was not authorized to present complaints himself. Therefore, it was reiterated that the Committee's conclusions should reaffirm the following previous decisions: that a formal statement be published at the highest level and in all local languages stating that all forms of forced labour are prohibited and will be duly punished; that a wide network of complainant facilitators is urgently put in place including in the combat zones; that the Government urgently provide the reproduction of the Supplementary Understanding in all local languages and ensure wide dissemination and publication of awareness-raising materials; that the mechanism under the Supplementary Understanding remain fully functional with no further detention or harassment of complainant facilitators or others, that adequate penalties are enforced toward perpetrators, and that forced labour victims are able to access easily the complaints mechanism; and that the Liaison Officer is able to move freely throughout the country and is able to raise complaints himself.

The Burmese people were now living in a new intolerable situation which was not only a direct result of the cyclone, but also a result of the junta's inhuman actions, its imposition of a referendum with predefined results, its refusal to act, and its obstruction of the international community's help, causing an even greater humanitarian crisis.

Reports had already been received of forced labour being exacted by military and local authorities in the Irrawaddy Delta area. One example was the case of the Maubin displacement camp, where 1,500 men and women were forced to work in quarries. In the village of Ngabyama in the Southern Bogale township, authorities had forced survivors to cut trees and reconstruct roads. In Bogalay, soldiers had used local people for forced labour. All these examples confirmed the validity of the alarm raised by the Liaison Officer's report underlining the increased risk of incidence of forced labour, child labour, human trafficking and migrant labour in the Irrawaddy Delta region. The Liaison Officer was thanked for his huge work, particularly in view of the situation and during the early recovery cluster work set up by the UN agencies present in Burma.

In this regard, the Committee's conclusions should emphasize the need for the promotion of Convention No. 29 and fair labour practices in the relief and reconstruction activities, through procedures involving the ILO to ensure respect for the Convention, and to include democratic organizations in the reconstruction process. More human and financial resources should be allocated to the ILO for such activities. It was unacceptable that under the pretext of the humanitarian crisis, fundamental human rights were being denied to the victims of the dictatorship and of the humanitarian crisis.

The striking tragedy in which the Burmese people found themselves struggling for their lives, their freedom, and their human rights needed a consistent and clear answer from the Committee and from the International Labour Conference as a whole. As the Commission of Inquiry had stated, the forced labour occurring in Burma was a crime against humanity. There was a need to act consistently using all means available through international criminal law and from previous Governing Body decisions. The Office should prepare a request for an advisory opinion from the International Court of Justice on the violation of Convention No. 29 because the Burmese people deserved it.

The Government member of Australia expressed the sympathy of his Government and the people of Australia to the people of Myanmar for the loss of life, suffering and devastation caused by cyclone Nargis. His Government stood ready to help the people of Myanmar in their time of desperate need and was pleased to have been able to make a contribution to the relief effort. The damage caused by the cyclone was extensive and reconstruction in the affected areas, particularly the Irrawaddy Delta, would be a huge task. It would be critical that forced and child labour were not used in the reconstruction effort. The international community had already made a generous contribution to the relief efforts in the affected areas. If the Government of Myanmar would engage constructively with the international community and allowed relief agencies full access to the affected areas, a much greater level of international assistance would be possible.

He expressed his Government's continuing appreciation of the ILO's ongoing efforts to encourage the Government of Myanmar to respect its international obligations under the Convention. In this regard, his Government paid tribute to the efforts of Executive Director, Mr Kari Tapiola, to the Special Adviser, Mr Francis Maupin, and to the Liaison Officer, Mr Steve Marshall. They had all continued to seek out progress on this vital issue for the benefit of the people of Myanmar and his Government would like to extend its full support and encouragement to them.

The mechanism established by the Supplementary Understanding had played a role in providing an avenue for a limited number of people in Myanmar to allege violation of their right not to be forced into labour. Through the dedication and attention of the Liaison Officer, several people had benefited from the operation of the mechanism. However, the results achieved by the mechanism to date had been modest at best.

The Government of Australia remained concerned that the limited number of cases reflected a lack of awareness in Myanmar of the operation of the mechanism and of the people's right to complain, the logistical difficulty people faced in registering a grievance and their fear of reprisals. Further, he expressed the Government's grave concern about the situation of six labour activists who had been imprisoned in 2007 for sedition, and for U Thet Wai, who was arrested on 24 February 2008, for being in possession of information on forced labour issues. It was further concerned that the outcome of many of the cases brought to the ILO's attention appeared far from satisfactory. Only one case had resulted in prosecutions being pursued by the Government. The ILO's assessment that, "There con- tinues to be differences of opinion as to the appropriate remedy for complaints and punishments for perpetrators", was worrying and indicated a continuing lack of commitment by the Government and authorities of Myanmar to see justice done.

The Australian Government shared the ILO's assessment that the mechanism could play an important role in helping the ordinary people of Myanmar and address the scourge of forced labour. However, a far greater commitment from the Government of Myanmar would be required to achieve this end.

As an immediate sign of this commitment, his Government strongly urged the Government of Myanmar to make readily available to all of its citizens an unambiguous public statement that all forms of forced labour were prohibited. It also urged the Government of Myanmar to ensure that adequate publicity was given to the Supplementary Understanding in appropriate languages. In this regard, it was very important that the Government made available a suitable translation of the Understanding in the Myanmar language as soon as possible. Any further delay implementing these basic steps could only be interpreted in a most negative way.

Finally, he noted that the mechanism could only ever be part of a broader solution, and the recommendations of the Commission of Inquiry showed the direction that any genuine attempt by the Government would take to meet its international obligations. To reiterate, the Commission recommended that the Government of Myanmar, without delay:

- bring its legislation into conformity with the Forced Labour Convention;

- cease its exaction of forced labour, particularly by the military;

- ensure the public is informed of the illegality of forced labour; and

- strictly enforce the criminal penalties in its legislation pertaining to the exaction of forced labour.

The Worker member of Bangladesh expressed solidarity with the Burmese people who were fighting for their legitimate rights and democracy. More recently, the population had been severely affected by cyclone Nargis. Unfor- tunately, the Government of Myanmar had been preventing international aid efforts, while violations of Convention No. 29 continued. Bangladesh, as a neighbouring country, was receiving large numbers of Burmese refugees. This placed a heavy burden on Bangladesh which itself was a least developed country. All trade unions, employers' organizations, governments, as well as the ILO Director-General, were called upon to take the steps necessary to end forced labour in Myanmar.

The Government member of the Russian Federation expressed his Government's sympathy to the people of Myanmar for the loss of life and suffering caused by the natural disaster and wished a prompt reconstruction of the affected regions. His Government noted with satisfaction that the Supplementary Understanding had been extended for a further 12 months. It welcomed the following developments which confirmed that constructive dialogue between the Government of Myanmar and the ILO was taking place: the creation of a working group within the Ministry of Labour to examine complaints of forced labour, and involvement of the Ministry of Defence in examination of such complaints; two ILO officials were working in Myanmar, thus enhancing the effectiveness of the ILO's actions; the recently adopted Constitution explicitly provided for the prohibition of forced labour; and the pub- lication of the text of the Supplementary Understanding on the official web site of the Ministry of Labour. The ILO and the Government of Myanmar should therefore continue constructive cooperation with a view to ensuring implementation of Convention No. 29.

The Government member of Cuba welcomed the results so far achieved to comply with the objectives fixed by Convention No. 29. He further underlined that such results were exclusively accomplished thanks to the cooperation between the ILO and the Myanmar authorities. The coercive measures, public condemnations, blockades and other punitive actions, far from contributing to the improvement of the conditions required to fulfil the objectives set forth in the ILO's Conventions, had a counterproductive effect. All conclusions to be adopted by the Committee should be based on the continuity of technical cooperation, as well as on the open and unconditioned dialogue with the Myanmar authorities.

The Worker member of Indonesia stated that forced labour remained among the most pervasive human rights violations in Burma, involving harassment, threats and physical abuses. Forced labour undermined the livelihoods of whole communities and led to the complete collapse of village economies, large-scale displacement and refugee flows. Both the army and local authorities continued to force thousands of people to work in brick baking, construction of roads and military facilities and agriculture, including plantation for biofuel production. Portering services for military purposes also continued. Many forced labourers who had escaped from the army reported that hundreds of people had been used as porters after having served prison sentences.

In October 2007, in the Tangoo District, the Military Operation Command No. 9 obliged the villagers of Play Has Loh to carry out work for the army, including cutting of bamboo poles and carrying of soil. The Military Operation Command No. 5 forced hundreds of villagers to carry military supplies, and to clear an army camp and roads. On 14 November 2007, the Light Infantry Battalion 599 forced hundreds of villagers to build army offices and camps in the Kler Law Htoo District. Other examples of forced labour exacted by the army occurred in December 2007 in Hakha and Mantaw townships in Chin State, and in January 2008 in Mong Hsat in Shan State. Forced labour was essential for the survival of the army and serious political commitment was needed to stop this vicious circle.

In November 2007, the army decided to establish a new model village in Nurullah, Arkan State. Following confiscation of lands, villagers were forced to prepare the land for construction and carry building materials. In January 2008, the villagers were ordered to complete the construction of 120 houses within a month. By the end of April 2008, 200 houses had been built. None of the 200 to 270 labourers from nine villages that were used in this project had been paid.

The approaching monsoon season would create a dramatic situation in the delta region. The authorities were bringing cyclone victims back to their destroyed villages with no aid supplies and there were reports of new cases of forced labour imposed by the army and local authorities in the devastated areas.

The ILO and its member States were urged to take the most effective measures for the immediate and full compliance with Convention No. 29 and the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The world could not sit by while the Burmese people were suffering. The Government must implement fully the recommendations of the Commission of Inquiry. As a matter of urgency, the military, particularly the regional commanders, and the local authorities must change the existing laws, behaviour and practices. It was crucial that the authorities made an unambiguous public statement in all local languages concerning the prohibition of forced labour and that a consistent budget for public works was defined. Further, respect for freedom of association must be ensured for all workers to allow them to organize and denounce forced labour. The Government and the international institutions were called upon to assist in the relief and reconstruction programmes. All trade union activists and political prisoners, including Aung San Suu Kyi, should be released.

The Government representative of Myanmar noted that a number of speakers had acknowledged the efforts made by its authorities and the progress achieved so far. Those who had expressed different views had their own agendas, attempting to undermine the Government's efforts. The Government representative also expressed the hope that the Committee members would henceforth refer to his country by its official name as included in the new Constitution which had been approved by referendum.

The Worker members wished to focus on the conclusions, which should, in their view, include the following points: a request to liberate Aung San Suu Kyi as well as trade union activists and political prisoners who had exercised their right to freedom of expression and freedom of association; the recognition of the Federation of Trade Unions of Burma (FTUB), which should no longer be considered as a terrorist organization by the authorities; the immediate cessation of harassment and the liberation of persons submitting complaints of forced labour. Finally, the conclusions should also deplore the fact that persons having recourse to forced labour did not incur penal sanctions.

Whereas recalling the need to implement urgently the recommendations formulated by the Commission of Inquiry ten years ago, the Worker members underlined that the Government also needed to implement fully all decisions taken in the past by various ILO bodies, including the 2006 conclusions of the Selection Committee and subsequently reaffirmed by the Governing Body. Some of the following issues needed to be subject to serious consideration: the Office should call on governments, employers, international organizations, financial institutions and international or regional banks, to modify or suspend, according to their mandates, their direct or indirect relations and programmes with the enterprises of the Government, of the military or of the Burmese private sector; a reporting mechanism should be established, on the basis of a user-friendly questionnaire, concerning the measures to be implemented in accordance with the recommendations contained in the 2000 resolution; conferences including the various actors should be organized in order to discuss the best way to enforce the resolution of 2000; measures available under international criminal law should be applied to punish those guilty of imposing forced labour; the ILO and governments should inform the public through a special page on the ILO's web site; the Government should put in place a network of facilitators in order to examine complaints, at the same time ensuring the increased implementation at the national level, including in the conflict areas, of the Supplementary Understanding, through its translation in all local languages, as well as through public awareness campaigns; the ILO Liaison Officer should be able to submit complaints and to effectively make the necessary investigations.

The Worker members requested that governments not recognize the new Constitution. Furthermore, they reserved the possibility of submitting to the International Court of Justice a request for an advisory opinion regarding the consequences in international law of the violation by Burma of Convention No. 29. Concerning the tragic humanitarian situation, the Worker members, by way of conclusion, requested the Office to ensure - through promotional measures and information on cases of good practice - the implementation of Convention No. 29 in the context of the country's reconstruction activities. In this regard, the Office should enjoy increased human and financial resources, as well as the cooperation of other international agencies in order to monitor compliance with Convention No. 29. The Government should allow all democratic organizations to participate freely in the reconstruction activities, as well as inform the ILO's Governing Body, at its next session in November 2008, of any measures taken to implement the Committee's conclusions.

The Employer members stated that the Government's response had been lacking any serious commitment to end forced labour. The Government had failed to take the steps necessary to this end. Widespread forced labour continued to exist and the right to freedom of association was being violated with impunity, contrary to Myanmar's international obligations. The Government did not appear to understand the consequences of its human rights abuses. Violations of human rights were not only harmful for the country's citizens, but also caused the Government to lose its moral authority to govern the country and its credibility within the community of nations. In addition, disrespect of human rights impeded economic development, as broad-based and continuous investment would not take place where democracy and civil liberties were inexistent and where human development remained at a low level. The Employer members expressed their profound concern that forced labour in Myanmar continued as widespread as before. Concrete and verifiable evidence that the practice of forced labour was being eradicated was needed on an urgent and comprehensive basis.

The Worker members stated, in their acceptance of the conclusions, that they also understood that the reference in the conclusions to the discussion and decisions of the Governing Body in March 2007, November 2007 and March 2008, and to the decisions adopted by the Conference in 2000 and 2006 concerning compliance by Burma with Convention No. 29, effectively incorporated the Worker members' suggestions for this year's conclusions, including an International Court of Justice advisory opinion at the necessary time. The Worker members also reiterated the need for the ILO Liaison Officer to be able to submit complaints and make the necessary investigations.

Not reproduced:

Document D.5

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

Document D.6

C. Special sitting to examine developments concerning the question of the observance by the Government of Myanmar of the Forced Labour Convention, 1930 (No. 29)

1. 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

2. Conclusions of 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, 96th Session, June 2007)

3. Documents before the Governing Body at its 300th Session (November 2007)

4. Documents before the Governing Body at its 301st Session (March 2008)

Conclusions

The Committee extended its sympathies and condolences to the people of Myanmar in the wake of cyclone Nargis. It expressed its sincere hope that the continuing humanitarian needs would be met and that the required rehabilitation and reconstruction work would be undertaken, without any use of forced labour and in a spirit of cooperation and constructive dialogue, in full respect of civil rights and international labour standards.

The Committee noted the observations of the Committee of Experts and 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 on 26 February 2008 for a further 12 months. The Committee also noted the discussions and decisions of the Governing Body of March 2007, November 2007 and March 2008. It also took due note of the statement of the Government representative and the discussion that followed.

The Committee noted that certain steps had been taken in the application of the Supplementary Understanding, and that some awareness-raising activities had taken place since the last session of the Conference in June 2007. However, it expressed its concern that these steps were very small and considered that much more needed to be done with commitment and urgency. In particular, the Government should, as requested by the Governing Body, make, without delay, an unambiguous statement at the highest level that the exaction of forced labour was prohibited and that violators would be prosecuted and convicted. It also expressed concern at the restrictive provisions in the newly adopted Constitution which could raise issues of compliance with Conventions Nos 29 and 87 ratified by Myanmar.

The Committee expressed its profound concern that forced labour in Myanmar, including the recruitment of children into the armed forces, remained as widespread as before, as reflected in the observation of the Committee of Experts. None of the recommendations of the Commission of Inquiry had yet been implemented, and the exaction of forced labour continued to be widespread, particularly by the army. Any instructions to cease the practice of utilizing forced labour appeared to have been disregarded regularly and with impunity. Similarly, although it was now some 15 months since the coming into effect of the Supplementary Understanding, a translation of it had only recently been approved for distribution. The Committee continued to be concerned that awareness of the existence of both the legal provisions against forced labour (Order 1/99) and the complaints mechanism under the Supplementary Understanding, remained very low. The Committee urged the Government to give early approval to the translation, in all local languages, of an easily understandable brochure, for wide public distribution, explaining the law and the procedure for lodging a complaint under the Supplementary Understanding.

The Committee took note that the complaints mechanism on forced labour continued to operate and that the authorities were investigating cases referred to them by the Liaison Officer. However, the Committee expressed its continued concern that penalties imposed on perpetrators of forced labour had, in general, not been imposed under the Penal Code. As a result, no criminal convictions of members of the armed forces had taken place.

The Committee noted that an international professional staff member has been appointed to assist the Liaison Officer. The Committee emphasized that it was critical that the Liaison Officer had sufficient resources available to undertake his responsibilities. The Committee underlined that there was an urgent need that the Government accepts a strengthened network of facilitators to deal with complaints from all over the country. The Committee noted with concern the reported cases of retaliation and harassment against complainants and volunteer facilitators who cooperated with the Liaison Officer. Such action was a fundamental breach of the Supplementary Understanding. The Committee called on the Government to ensure that all retaliation and harassment - based on any legal or other pretext - ceased with immediate effect and that the perpetrators were punished with the full force of the law.

The Committee recorded with extreme concern that many people remain in prison for exercising their rights to freedom of expression and association. The Committee called for the immediate release of these persons and, in particular, for the release of Daw Su Su Nway, U Min Aung and U Thurein Aung and his associates: U Kyaw Kyaw, U Shwe Joe, U Wai Lin, U Aung Naing Tun and U Nyi Nyi Zaw. These persons all had links with the ILO and were labour activists legitimately seeking to achieve acceptance of international labour standards and, in particular, those ratified by the Government of Myanmar. The Committee re-emphasized the expectation of the Governing Body that U Thet Wai remain free from further persecution and detention.

The Committee also stressed the need to allow all citizens of Myanmar to fully exercise their civil rights, and called on the Government to immediately end the detention of Daw Aung San Suu Kyi. It also recalled the recommendations of the Committee on Freedom of Association, in March 2008, with respect to trade union rights and the recognition of trade union organizations, including the Federation of Trade Unions of Burma (FTUB).

The Committee also recalled the continued relevance of the decisions adopted by the Conference in 2000 and 2006 concerning compliance by Myanmar with Convention No. 29.

The Committee strongly urged the Government to take all the necessary measures to give full effect to all of the recommendations of the Commission of Inquiry, without any further delay. It urged the Government of Myanmar to provide full information to the Committee of Experts in time for its next session later this year, including concrete and verifiable evidence of action taken with a view to the full implementation of the recommendations of the Commission of Inquiry.

The Worker members stated, in their acceptance of the conclusions, that they also understood that the reference in the conclusions to the discussion and decisions of the Governing Body in March 2007, November 2007 and March 2008, and to the decisions adopted by the Conference in 2000 and 2006 concerning compliance by Burma with Convention No. 29, effectively incorporated the Worker members' suggestions for this year's conclusions, including an International Court of Justice advisory opinion at the necessary time. The Worker members also reiterated the need for the ILO Liaison Officer to be able to submit complaints and make the necessary investigations.

Not reproduced:

Document D.5

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

Document D.6

C. Special sitting to examine developments concerning the question of the observance by the Government of Myanmar of the Forced Labour Convention, 1930 (No. 29)

1. 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

2. Conclusions of 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, 96th Session, June 2007)

3. Documents before the Governing Body at its 300th Session (November 2007)

4. Documents before the Governing Body at its 301st Session (March 2008)