Forced Labour in Burma: Origins of the case Ratification of C. 29 Comments of the supervisory bodies for 30 years 1993 – ICFTU representation –CEX concluded that there are violations of C. 29 and recommended to repeal 2 laws 1996 – complaint by 25 workers’ delegates to the ILC 1997 – GB appointed Commission of Inquiry

Summary of the complaint Gross violation of C. 29 Use of forced labour for public purposes –Portering, combat, minesweeping, sexual services to the troops –Work on development projects Use of forced labour for private benefits –Joint venture development projects –Private investors in development, public works and tourism projects –Private commercial interests of military members Law provides for forced labour –Towns act (1907) and Village Act (1908) –Government directives –Authorized FL falls outside the scope of the criminal law

Commission of Inquiry Terms of Reference: objective assessment of the situation raised in the complaint Composition: 3 prominent legal professionals – members of the CEACR

Conclusions of the COI Abundant evidence of the pervasive use of forced labour for –Portering –The construction, maintenance and servicing of military camps –Production projects to support military, sometime for the profit of private individuals –The construction and maintenance of infrastructure Art. 8, 11 and 12 of the Village Act and Art. 9 of the Towns Act are not compatible with the Convention, allowing requisition of labour through village head by order of military or government officer Non-compliance with these laws carries a sanction, and also gives rise to extortion of money for temporary alleviation of the burden Forced labour widely performed by women, children and elderly as well as disabled Forced labour not only unpaid, but goes hand in hand with exaction of money, food and other supplies from civilian population Creates conditions for fleeing the country Particularly great for non-Burmese ethnic group Appalling working conditions, abuse, Although unlawful exaction of forced labour is punishable under the Section 374 of the Penal Code, it is applied in practice and not enforced A State carries the responsibility of violating international law

Recommendations of the COI The Village Act and the Towns Act is to be brought into line with C. 29 at the latest by 1 st of May, 1999 Concrete action to be taken to amend forced labour practices identified by the Commission Strict enforcement of the Section 374 of the Penal Code. Investigation, prosecution and adequate punishment of perpetrators Action by the Government without delay and supply of information in the Art. 22 reports on the effect given to the recommendations of the Commission

Further developments In 1999 International Labour Conference adopted a Resolution on the widespread use of forced labour in Myanmar –Denying technical cooperation, except for purposes to assist the implementation of the recommendations of the Commission of Inquiry

2000 ILC Resolution In 2000 ILC adopted another Resolution concerning the measures recommended by the Governing Body under the Article 33 of the ILO Constitution on the subject of Myanmar Article 33 In the event of any Member failing to carry out within the time specified the recommendations, if any, contained in the report of the Commission of Inquiry, or in the decision of the International Court of Justice, as the case may be, the Governing Body may recommend to the Conference such action as it may deem wise and expedient to secure compliance therewith.

2000 ILC Resolution Placing the issue on the agenda of the ILC Asking ILO constituents, international organizations and UN to review their relations with Myanmar, in particular with respect to activities that might promote forced labour practices To inform international organizations to reconsider any cooperation To invite the DG to request the ECOSOC to place the issue on its agenda

Further developments In 2001 a High-Level Team visited Myanmar to objectively assess practical implementation and actual impact of the legal, executive and administrative changes by the Government and found limited impact of these measures In 2002 the Understanding was reached to appoint the Liaison Officer to cover all the activities relevant to the objective of prompt and effective elimination of forced labour Some steps towards technical assistance considered

Recent developments Plan of Action adopted to implement programmes to disseminate information and expand alternative means of transport to portering, operate Field Observation Teams and Formal Understanding on Facilitator in a pilot region In November 2003 the GB reached an understanding with the Government of Myanmar to undertake full review of the situation to activate the plan Most recent event of handing death sentences to victims contacted the ILO upset the progress