International Labour Conference 2005 (93rd session)
Special sitting of the Committee on the Application of Standards
on forced labour in Myanmar
4 June 2005
Draft conclusions
After taking note of the information from the Government
representative, the Committee noted with grave concern the Observation of the
Committee of Experts which examined the measures taken by the Government to
give effect to the recommendations of the Commission of Inquiry. The Committee
of Experts had once again pointed out in its Observation that the
recommendations of the Commission of Inquiry had still not been implemented.
The Committee of Experts and a vast majority of the speakers in the Committee
had expressed their strongest condemnation and urged the Government to demonstrate
its stated determination to eliminate forced labour and to take the necessary
measures to ensure compliance with the Convention. The extent and forms of
forced labour had not significantly changed in most areas including ethnic
areas, and its worst forms -- including portering for
the army and forced recruitment of child soldiers -- continued.
In this regard, the Committee had taken note of the latest
developments reported by the Director General as well as by the interim Liaison
Officer. The Committee welcomed the release of the third person in the high
treason case, but regretted that he was not exonerated on all charges. The
Committee could only deplore the fact that the Government had failed to
demonstrate sufficient commitment to the elimination of forced labour, as
reflected both by its treatment of the very High-Level Team (vHLT), and by its
response to the concrete steps recommended by the vHLT and by the Governing
Body. The Committee was alarmed in particular by the Government's stated intention
to prosecute people it accuses of lodging false complaints of forced labour,
and by the apparent intimidation of complainants.
In the view of the Committee, recent developments had further confirmed
the conclusion of the Governing Body at its March 2005 session that the
"wait-and-see" attitude that prevailed among most members since 2001
had lost its raison d'etre and could not continue.
The Committee's general view was that Governments, Employers and Workers, as
well as other international organizations, should now activate and intensify
the review of their relations with Myanmar that they were called upon to make
under the 2000 resolution, and to urgently take the appropriate actions, including
as regards foreign direct investment in all its various forms, including
relations with State- or military-owned enterprises in Myanmar. In accordance
with the Conclusions of the Governing Body in March, the present Conclusions
should be transmitted to all those to whom the 2000 resolution was addressed.
The results of such reviews should be fully reported to the Director-General so
that the Governing Body could have a complete picture in November. As regards ECOSOC, it should be requested to
reactivate its consideration of the item placed on its agenda in 2001 in this
regard, and Members in ECOSOC should be ready to support such a move.
The Committee noted that a number of serious issues, some of which
were already identified by the vHLT, needed to be urgently resolved:
1. The Government should give clear
assurances that no action would be taken against persons lodging complaints of
forced labour, or their representatives, in order that the Liaison Officer
could fully continue to accept and channel such complaints to the competent
authorities, and urgent discussions should be undertaken with a view to making
available the safeguards and protection built in to the Facilitator mechanism.
2. A number of serious allegations of
forced labour that were still outstanding, including those concerning the army,
should be resolved in a credible manner.
3. The ILO presence in Myanmar should
be strengthened to enhance its capacity to carry out all its various functions,
and the Government should issue the necessary visas without delay.
4. The freedom of movement of the
Liaison Officer recognised in the original understanding as necessary to the discharge of his functions
should be fully respected.
The Committee was of the view that the test of the real commitment
of the authorities was and still remained their willingness to urgently discuss
the outstanding issues at the highest level and to commit to a substantive
policy dialogue that can address the forced labour problem in a credible manner.
This commitment should, moreover, be reflected in changes in the law as well as
in any future constitution. Depending on
developments in this regard, the Governing Body at its next session should not
limit itself to reviewing the steps taken under the 2000 resolution, but should
also be ready to consider further steps.