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GB.274/5
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FIFTH ITEM ON THE AGENDA
Measures taken by the Government of Myanmar
to implement the recommendations of the Commission
of Inquiry established to examine the complaint concerning
its observance of the Forced Labour Convention, 1930 (No. 29)
1. At its 273rd Session (November 1998) the Governing Body noted the report of the Commission of Inquiry concerning the observance by Myanmar of the Forced Labour Convention, 1930 (No. 29), established under article 26 of the Constitution of the ILO. At the conclusion of its discussion it requested the Director-General to submit a progress report to the present session of the Governing Body on the measures taken by the Government of Myanmar to implement the recommendations contained in the report of the Commission of Inquiry.
2. The Director-General accordingly wrote to the Government on 25 November 1998 (Appendix I), asking it to communicate detailed information on any measures it might have taken giving effect to the recommendations of the Commission of Inquiry, so as to allow him to submit an interim report in this respect to the Governing Body at its present session. He indicated that it would be imperative that this information be received by 19 February 1999 so that it could be submitted in time. In addition, he indicated that the Office stands ready to provide any assistance the Government might find necessary to allow it to respond to the recommendations made by the Commission of Inquiry in paragraphs 539 and 540 of its report.
3. A letter was received from the Government on 4 February 1999 indicating that consideration of the Village Act and the Towns Act was under way. A copy of this letter is appended (Appendix II).
4. The Director-General replied to the Government's letter on 11 February 1999 (Appendix III), acknowledging receipt, but noting that it appeared from that letter that efforts had so far been confined to a review of the above-mentioned legislation. He informed the Government that this limited information would make it difficult to submit a detailed report to the Governing Body, and asked that he be informed by 19 February 1999 of all measures the Government might have taken or was envisaging to give effect to all the recommendations of the Commission of Inquiry. He also asked for more detailed information on the amendments being proposed to the legislation.
5. The Government replied with a second letter dated 18 February 1999 (Appendix IV) repeating and slightly expanding on the information provided in the first letter, and again dealing exclusively with the legislative review under way without any details of the amendments proposed to the above legislation.
6. No further information had been received from the Government at the time the present document was completed that would indicate any measures taken with a view to giving effect to the Commission's recommendations. The two replies confirm that the Government is for the moment working exclusively on the legislative amendments recommended by the Commission of Inquiry. However, the recommendations of the Commission of Inquiry included the following sentence (paragraph 539(b)):
Thus, besides amending the legislation, concrete action needs to be taken immediately for each and every of the many fields of forced labour examined in Chapters 12 and 13 above to stop the present practice.
It should be noted that no information had been received concerning a halt to the actual widespread imposition of forced labour in the various forms in which it is practised in the country, and the enforcement of penalties for its imposition.
7. The Governing Body will recall that the Commission of Inquiry laid down a precise deadline of 1 May 1999 "at the very latest" for the amendment of the legislation referred to here. As regards its other recommendations, it stated in paragraph 540 of its report that "The recommendations made by the Commission require action to be taken by the Government of Myanmar without delay", and asked the Government to continue to report to the Committee of Experts on the Application of Conventions and Recommendations on the action taken in this respect. The Governing Body will also note that the report of the Committee of Experts on its November-December 1998 session includes an observation on the application of Convention No. 29 in Myanmar, reproducing at length the conclusions and recommendations of the Commission of Inquiry; this observation includes a footnote asking the Government to provide detailed information to the International Labour Conference at its June 1999 session, and to report to the Committee of Experts at its November-December 1999 session. This would in turn allow the Conference Committee on the Application of Conventions and Recommendations to discuss the matter during the Conference, if it should decide to do so.
8. In the light of the above, the Governing Body may wish --
(a) to request the Director-General again to contact the Government to urge it to implement the recommendations made by the Commission of Inquiry in paragraphs 539 and 540 of its report, and to offer the Office's assistance in doing so;
(b) to decide to include a further discussion of this question on the agenda of the 275th Session of the Governing Body (June 1999), at which time information will be available from any discussion that might be carried out in the Conference Committee on the Application of Standards.
Geneva, 22 February 1999.
Appendix I
Letter sent by the Director-General to the
Government of Myanmar on 25 November 1998
Dear Sir,
As you are aware, the Governing Body of the International Labour Office examined at its 273rd Session (November 1998), the report of the Commission of Inquiry set up to examine a complaint under article 26 of the ILO Constitution alleging violation by Myanmar of the Forced Labour Convention, 1930 (No. 29). In doing so, it took note of the report itself, as well as of your Government's reply, dated 23 September 1998. Your Government was represented in the discussion.
At the conclusion of its discussion the Governing Body asked me to take certain steps with regard to your country. I would therefore appreciate your communicating to me detailed information on any measures you might have taken giving effect to the recommendations of the Commission of Inquiry, so as to allow me to submit an interim report in this respect to the Governing Body at its 274th Session (March 1999). It is imperative that this information be received by the Office no later than 19 February 1999 so that it can be submitted in good time.
The International Labour Office stands ready to provide any assistance your Government may find necessary to allow it to respond to the recommendations made by the Commission of Inquiry in paragraphs 539 and 540 of its report. Please do not hesitate to contact me in this regard.
Yours faithfully,
Michel Hansenne.
Mr. U. Tun Shwe,
Director-General,
Department of Labour,
Government of the Union of Myanmar,
Bldg. No. 53, First Floor,
Strand Road,
YANGON.
Appendix II
Letter received from the Government of Myanmar
dated 4 February 1999
The Director-General,
The International Labour Office,
CH-1211, Geneva 22, Switzerland.
Fax: (22) 798 8685
Subject: Report of the Commission of Inquiry
Dear Mr. Director-General,
I wish to acknowledge receipt of your letter dated 25 November 1998 in which you informed me that the 273rd Session of the Governing Body had taken note of the report of the Commission of Inquiry as well as our letter to you dated 23 September 1998.
In that letter, I have apprised you that the Myanmar authorities had reviewed the Village Act and the Towns Act several times on our own initiative so as to bring them in line with present-day conditions in the country as well as to fulfil Myanmar's obligations to the relevant Convention.
I would further like to provide you with the following information on the concrete measures taken by the Government in this regard.
Since September, in order to expedite the process, the Government has set up a Ministerial Committee comprising of the Minister for Labour, the Minister for Foreign Affairs, the Minister for Home Affairs, the Minister at the Prime Minister's Office, the Attorney-General and the Chief Justice. To assist the Committee, a Working Group comprising of the Directors-General of the above-mentioned ministries and offices had also been set up.
The Working Group met several times during September and October and had a thorough review of the Village Act and the Towns Act and submitted their recommendations to the Ministerial Committee on 2 November 1998.
Since then, the Working Group has met a total of four times and the Ministerial Committee met twice, in December 1998 and on 28 January 1999.
Presently, the Ministerial Committee is making the necessary arrangements to submit its recommendations to the Cabinet and then to the Legislative Authority.
I wish to inform you that there has now been considerable progress as intimated to you in the letter under reference.
Yours sincerely,
(Signed) Sein Myint,
Director-General,
Department of Labour.
cc: Myanmar Permanent Mission, Geneva.
Appendix III
Letter sent by the Director-General to the
Government of Myanmar on 11 February 1999
Dear Sir,
You will recall that, following the discussion in the Governing Body of the International Labour Office at its 273rd Session (November 1998), I wrote to you on 25 November 1998 to ask your Government to communicate detailed information on any measures you might have taken to give effect to the recommendation of the Commission of Inquiry set up to examine a complaint under article 26 of the ILO Constitution alleging violation by Myanmar of the Forced Labour Convention, 1930 (No. 29).
I acknowledge receipt of your letter of 4 February 1999, received here by facsimile.
In your letter, you have informed me that a Ministerial Committee and a Working Group have been set up. It would appear from your letter that these two bodies so far have confined their efforts to a review of the Village Act and the Towns Act.
The limited information you have provided will make it difficult for me to submit a detailed report to the Governing Body. Therefore, I would be grateful if you would inform me, as quickly as possible, and in any case before 19 February, of all measures you might have taken or are envisaging to give effect to all the recommendations made by the Commission of Inquiry, and not only to those relating to the two Acts referred to in your letter. With regard to those two Acts, I would appreciate receiving more detailed information on the amendments being proposed.
Yours faithfully,
Michel Hansenne.
Mr. Sein Myint,
Director-General,
Department of Labour,
Government of the Union of Myanmar,
Bldg. No. 53, First Floor,
Strand Road,
YANGON.
Appendix IV
Letter received from the Government of Myanmar
dated 18 February 1999
The Director-General,
The International Labour Office,
CH-1211, Geneva 22, Switzerland.
Fax: (22) 798 8685
Subject: Report of the ILO Commission of Inquiry
Reference:
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(1) |
The letter dated 4 February 1999 of the Director-General of the Department of Labour. |
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(2) |
The letter dated 15 February 1999 of the Director-General of the ILO. |
Dear Mr. Director-General,
I wish to acknowledge the receipt of your letter of 15 February 1999.
Regarding the recommendations made by the ILO Commission of Inquiry, the Union of Myanmar has responded in the letter by the Director-General of the Department of Labour dated 4 February 1999.
In this letter, information was provided that as per ILO recommendations to bring the relevant articles of the existing Village Act and the Towns Act in line with ILO Convention No. 29 and for the Village Act and the Towns Act to be in accord with the present conditions prevailing in the country, a Working Group at the senior official level and a Ministerial Committee are now actively engaged in a review process.
It is a long-standing practice in Myanmar that any law that is enacted in the country is widely published for the information of the general public. Once this process has been completed and when the law is promulgated, it will accordingly be widely published to make it known to the public at large.
Myanmar is a country which always maintains the rule of law and order. Therefore, actions are taken under the relevant provisions on any infringement of the provisions of the laws that have been enacted. I wish to assure you that, should there be any infringement, action will be taken in accordance with the provisions of the law.
I am fully confident that once the measures that are being undertaken are completed, the recommendations made by the Commission of Inquiry would be met.
Yours sincerely,
(Signed) Sein Myint,
Director-General,
Department of Labour.