Nov 18 ILO: Burma/Myanmar

Statement by Mr Christer Eriksson, Director, Ministry of Employment, during the ILO Governing Body, 306th session (5 - 20 November 2009) on Developments concerning the question of the observance by the Government of Burma/Myanmar of the Forced Labour Convention, 1930 (No.29) (GB 306/6)

Mr/Mme Chair,

I have the honour to speak on behalf of the European Union.
The Candidate Countries Turkey, Croatia* and the former Yugoslav Republic of Macedonia* , the Countries of the Stabilisation and Association Process and potential candidates Albania, Bosnia and Herzegovina, Montenegro, and the EFTA countries Iceland and Norway, members of the European Economic Area, and Switzerland, as well as Ukraine, Armenia and Georgia align themselves with this declaration.

The European Union thanks the Office for the information provided in document GB. 306/6.

The human rights situation in Burma/Myanmar has repeatedly been characterized as serious and deplorable by the Special Rapporteur Mr Tomás Ojea Quintana. The European Union welcomes the last up-date report presented by Mr Quintana to the General Assembly. In his report he points out that none of the challenges facing Burma/Myanmar today – political, humanitarian, developmental – can be addressed in isolation and failure to address them could undermine the prospects for peace, democracy and development.

In the course of time a number of resolutions on the situation of human rights in Burma/Myanmar have been adopted by the United Nations General Assembly and United Nations Commission on Human Rights, resolutions to which the EU fully subscribes. In addition and more specifically, the issue of non-compliance with labour standards has been raised in the International Labour Organization fora during a considerable number of years. The European Union remains deeply concerned that all the urgent calls of the above bodies as yet have not been met and that significant progress has been absent.

The awareness-raising activities under the auspices of ILO and the Burmese Ministry of Labour and the initiative to translate and circulate the Supplementary Understanding are welcomed. It is true that we have seen small steps in the right direction, mainly thanks to the complaint mechanism on forced labour established by the ILO. We note that the level of activity under the Supplementary Understanding has increased. However, we expect further efforts to spread information about the complaints mechanism to make it available to the public at large. The need to produce a simply worded explanatory brochure available in minority languages outlining the law against forced labour has yet to be produced.

In contrast to these positive, but still insufficient, steps the European Union, notes with regret that there is nothing new to report on the cases of imprisoned activists. The European Union calls for immediate and unconditional release of all the persons concerned. From the report of the Special Rapporteur on the Human rights situation in Burma/Myanmar we have learned that a limited number of political prisoners have been released. The harsh conditions of detention described in the report for the vast majority of the prisoners of conscience are however deplorable, with inadequate or no medical treatment, shackling, forced labour and ill-treatment. Although the EU welcomes the release of some political prisoners, we nevertheless call for further efforts on the part of the regime, since the total number of prisoners of conscience political prisoners still in detention exceeds more than 2.100. At the same time the EU condemns ongoing arrests.

In addition, the EU remains concerned of the harassment of those who lodge complaints under the Supplementary Understanding. We note with disappointment the serious cases of harassment and retaliation against complainants, facilitators and other persons concerned with complaints reported during the period. The EU wishes to reiterate that the right to seek redress from the use of forced labour must be respected and fully implemented. Everybody should be able have access to the complaints mechanism without the fear of retribution. The EU urges full respect of and compliance with the Conventions on Forced Labour (No. 29) and the Association and Protection of the Right to Organise (No. 87). We strongly encourage the Burma/Myanmar authorities to show their good faith and sincerity by fully accepting the obligations to which they have committed themselves.

The European Union once again wants to condemn the practice of recruitment of children under the age of 18 as soldiers. The ILO complaints mechanism has led to the liberation of 28 children, although the officers were never prosecuted. This is just one case where there appears to be a serious disconnect between the Government’s expressed desire to conform with international conventions and the local authorities’ continued use of traditional forced labour practices. The EU would like to reiterate that the imposition of meaningful penalties on perpetrators is necessary.

The most recent example of a serious breach of fundamental rights is the trial of Daw Aung San Suu Kyi. The European Union finds the recent conviction and sentencing of Daw Aung San Suu Kyi to 18 months’ house arrest extremely troubling. In line with the Resolution 12/20 of the Human Rights Council and the Declaration by the Presidency on behalf of the European Union on 11 August 2009 we unreservedly condemn the verdict against Daw Aung San Suu Kyi and the sham trial of which she was a victim and repeat our call for her immediate release and the release of all other political prisoners.

The EU would like to thank the Office and the Liaison Officer for its tireless work to engage and cooperate with the Government of Burma/Myanmar in a dialogue aiming at ensuring the full implementation of the Convention on Forced Labour and other obligations with regard to human rights and fundamental freedom. The EU calls on the Burma/ Myanmar Authorities to expeditiously grant a visa to the new staff member of the Liaison office.
 
Finally, the EU would also like to encourage neighbouring countries to continue with their efforts in leading Burma/Myanmar toward ending forced labour and encouraging national reconciliation.

Thank you, Chair.


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* Croatia and the former Yugoslav Republic of Macedonia continue to be part of the Stabilisation and Association Process.