ILO may still punish Myanmar despite ban on forced labor

Asian Economic News, Nov 13, 2000

GENEVA, Nov. 6 Kyodo

Myanmar's bid to dodge International Labor Organization (ILO) sanctions by banning its practice of forcing citizens to toil on public works may not pass muster with the body, diplomatic sources said Sunday.

They said an ordinance containing the ban, announced Thursday by the Yangon junta, lacks ''the specifics'' needed to avoid punishing measures that could include the suspension and downsizing of assistance from U.N. agencies and international organizations.

The ILO Governing Body is to deliberate this month on whether to impose sanctions on Myanmar under the ILO Constitution's Article 33, which the global labor body has never invoked.

Countries such as the United States and Britain, critical of Myanmar's human rights record, may argue for penalties by citing the lack of specifics as an another attempt by the junta to thwart the will of the international community, according to the sources.

A week after a five-member ILO mission to Myanmar completed six days of talks with junta officials over the issue, Deputy Foreign Minister Khin Maung Win said various government ministries had also issued orders banning forced labor, but two laws -- the City Act and the Village Act -- allowing forced labor have not been repealed.

Following the declaration of the ordinance by the Ministry of Home Affairs under the guidance of the ruling State Peace and Development Council (SPDC), Myanmar no longer has ''the legal basis which existed in the previous two acts,'' the sources said. The ordinance also says government authorities cannot ''request forced labor.''

But diplomats see problems in the implementation of the ban.

For instance, the SPDC must send specific instructions to local military commanders if the prohibition is to be effective and put into practice.

''So far, we have not seen any such thing,'' one diplomat said.

The mission may submit its report to the Governing Body as early as Tuesday. The document will serve as the basis for discussions on the matter at the body.

The sources said Myanmar's omission of details on terminating forced labor would be mentioned in the report, which will likely draw criticism of Yangon by the U.S. and other states. An ILO spokesman declined to discuss the contents of the report, saying it is still in the ''editing process.''

In addition, Myanmar has rejected repealing the two acts, saying the SPDC is only a ''transitional authority'' with no mandate to scrap laws passed by a legitimate legislature. In November 1997, the SPDC replaced the State Law and Order Restoration Council (SLORC), which was formed following a military coup in September 1988.

In 1998, the ILO adopted a resolution requesting Myanmar to end ''all forms of forced labor.'' It calls for the repeal of the Town Act and Village Act, as well as the punishment of officials involved in forced labor.

Article 33 states that the Governing Body can recommend the ILO General Conference take ''such action as it may deem wise and expedient to secure compliance'' with a recommendation by an ILO commission of inquiry or a decision by the International Court of Justice.

In June, the International Labor Conference, the ILO's highest decision-making body, adopted a resolution saying Article 33 will be invoked unless Myanmar makes concrete progress that is satisfactory to the ILO by the end of November.

The time-buying resolution was adopted following a fierce debate in which Japan and other Asian states pressed for more dialogue with and encouragement of the junta to bring about an end to its use of forced labor. The U.S. and European countries, meanwhile, urged immediate invocation.

Some diplomats are concerned that resorting to the measure may open a Pandora's box of labor-practices cases, leading to sanctions against countries such as Iraq and Cuba.