INTERNATIONAL CONFEDERATION FREE TRADE UNIONS
WORLD CONFEDERATION of LABOUR
Speech to the ECOSOC session
– Point 14 b
26 JULY 2006
Mr. Chairperson,
On
behalf of the 180 million workers represented by the ICFTU and WCL
worldwide, I would like to express our sincere gratitude for having
given us the possibility to address the ECOSOC on the severe and grave
violations of human and workers’ rights in Burma/Myanmar. The rich
debate that has taken place at the ECOSOC shows the importance of this
theme and – while thanking all the governments that have intervened – I
would like in particular to thank the distinguished representatives of
Canada, USA, Japan, Indonesia, Bangladesh and Finland on behalf of the
EU and acceding countries. The issue of forced labor has been dealt by
the ILO supervisory mechanisms since 1964, with a renewed focus and
initiative with the adoption of a specific Resolution in the year 2000
under art. 33 of the Constitution and the strengthened measures
subsequently adopted by the Governing Body up to the recent June 2006
Conference.
These
initiatives are all aimed at bringing the military junta to finally
implement the recommendations of the ILO Commission of Inquiry,
therefore discontinuing the use of forced labor in the country, while
ensuring that no action is taken against victims and their
representatives who complain to the courts or to the ILO.
The
authorities' total lack of commitment is clearly expressed by realities
on the ground. In over 2,000 pages of reports that the ICFTU has sent
to the ILO since November 2004, it remains clear that the imposition of
forced labour continues to be a systematic and widespread army
practice. This material contains reports from nearly every State and
Division of the country on several hundreds of cases of forced
portering, repair and maintenance of army camps and villages for
displaced people, cultivation of paddy and other fields, road
construction, clearing of jungle areas, "human minesweeping",
patrolling and sentry duty. It also describes numerous cases of
torture, ill-treatment, sexual violence and child labour, including the
conscription of child soldiers. As a result of these practices,
together with the fact that the SPDC often confiscates land as well as
food supplies, the people of Burma/Myanmar face starvation and forced
migration, both internally and to other countries. We also recall that several international organizations, such as the Global Fund
against HIV AIDS, were obliged since 2005 to terminate grants to Burma,
due to government restrictions which make implementation impossible.
While
the situation is therefore still very worrisome, we are encouraged by a
renewed pressure on the junta coming from international and regional
actors.
Nobel Prize Desmond Tutu and former President Vaclav Havel
issued a Report in September 2005 asking for an urgent and new
diplomatic initiative at the UN Security Council, showing that the
situation in Burma is much more severe than in any other country in
which the Security Council has chosen to act in recent years, in
particular mentioning forced relocations, forced labour and forced
recruitment of child soldiers.
Recent briefings took place at the UN Security Council on Burma, including the situation of forced labor.
The UN Special Rapporteur on Human Rights
Paulo Sergio Pinheiro issued in February 2006 a Report underlining the
widespread and systematic forced labor practices and forced recruitment
by State actors including allegation of child labor. Professor Pinheiro
declared that it is time for the international community to urge the
establishment of an independent enquiry into the rapidly escalating
number of death of political prisoners in Burma that should lead to
establish the accountability of those responsible.
In March 2006 the International Committee of the Red Cross
decided to drastically reduce its activities in Burma due to lack of
willingness of the junta to cooperate in the protection activity.
In June 2006 the International Labor Conference of the ILO, as recalled by many, adopted
conclusions both in the Committee on Application of Standards and in
the Selection Committee, sharing all the very grave concerns on the
situation in the country.
On July 15th 2006, the Members of the Parliament Union of Burma and the government in exile
issued a Declaration (Turin Declaration) asking the UN Security Council
to strengthen the mandate given to the UN Secretary General to find a
peaceful resolution to the stalemate in Burma and asking the ECOSOC to
help bring about an effective solution to the Burma crisis.
On July 22nd 2006 the ASEAN Inter Parliamentary Caucus (AIPMC) Conference on Burma and Democracies in Transition, committed,
inter alia, to work for the inclusion of Burma on the UN Security
Council agenda, to work towards engaging China and India actively on
reforms in Myanmar and to coordinate interventions at international and
regional conferences including the ASEAN Inter-Parliamentary
Organization and various UN bodies.
Yesterday, July 25th, a joint communiqué of the 39th ASEAN Ministerial Meeting
addressed the issue of Burma, expressing concern on the pace of the
national reconciliation process, calling for the early release of those
placed under detentions and for effective dialogue among all the
concerned parties.
All
these initiatives, together with the firm position adopted by the
Workers’ Group of the ILO Governing Body, prompt us to request the
ECOSOC to take urgent action on the following matters:
- to
urge the government of Burma/Myanmar to adopt and implement with no
delay all the measures required to comply with ALL the recommendations
of the ILO Commission of Inquiry;
- to
support the possible request of the ILO to the International Court of
Justice under art. 9 of the UN/ILO agreement for an advisory opinion on
the legal question of the consequences of the constant and persistent
failure of Burma/Myanmar to respect ILO forced labor Convention 29;
- to
support, in cooperation with the Burma/Myanmar authorities and the ILO
Liaison Officer, the establishment of bodies and procedures to ensure
that complaints by victims of forced labour are promptly and adequately
dealt with, that no prosecution or any retaliatory measures are taken
against said victims or their representatives and that all prisoners in
relation to this issue are promptly released;
- to
encourage governments to implement art. XX a, b and e of the GATT
agreement as an acceptable justification for restrictions on trade with
Burma/Myanmar;
- to
urge governments, regional financial organizations and institutions, as
per the ILO Governing Body decision, to revise their economic relations
with Burma/Myanmar, including foreign direct investments, both with
military and State owned enterprises;
- to
request the Secretary General of the United Nations that the situation
of Burma, including forced labour, should be included with no delay in
the Security Council agenda;
- to have a follow up discussion at the ECOSOC July 2007 session.
Thank you.
Anna Biondi Bird
Director ICFTU Geneva
Secretary Workers’ Group ILO
46, avenue Blanc
1202 Geneva
annabiondi@icftu.org