Burma under scrutiny again over forced labour
source : The Nation
Vorapun Srivoranart
When international labour groups meet next month, Asean's position will be crucial to the question of further sanctions
Last week, Asean labour ministers made known to the world their thoughts on the sanctions imposed by the International Labour Organisation (ILO) on Burma over the issue of forced labour. After two-days of meetings, they called on the ILO to be more understanding and appreciative of the action taken and how seriously Burmese authorities are taking the situation. They stated explicitly that Burma was being punished enough and should be spared further punitive measures. Ministers from China, Japan and South Korea noted the group's support.
The Asean ministers' cohesiveness is no surprise. The 89th International Labour Conference is next month and the Burmese question will be hotly debated at a special sitting of the Committee on the Application of Standards.
Malaysia, which hosted last week's meeting, did not hide its intention to see a common Asean stance reached before the conference commences. Human Resource Minister Fong Chan Onn said:"In our subsequent meetings in ILO conferences, we will try our very best to express the fact that Myanmar [Burma] has taken the necessary actions, and therefore, the ILO should reciprocate." During last year's International Labour Conference, Malaysia lobbied hard to have an Asean common position in defence of Burma. It was unsuccessful because Thailand had refused to join in.
The ILO Governing Body in November endorsed a resolution adopted by the 88th International Labour Conference urging its constituents to review their ties with Rangoon to avoid abetting practices of forced labour. The majority of the constituents claimed Rangoon's last minute effort to comply with the recommendations of the Commission of Inquiry was too little too late.
But things are changing fast, with most now in favour of the ruling military government. The threat of sanctions by the ILO, which has been lauded for tightening the screws on the junta and compelled it to enter into a dialogue with opposition leader Aung San Suu Kyi, is losing steam. In this light, Asean's statement on the ILO is yet another indication of a worrying trend slowly emerging. The shroud of secrecy and lack of measurable timeframe of the dialogue has caused confusion in the minds of policy-makers and induced each player to jostle for a piece of cake in case the dialogue eventually bears fruit. A further split will become evident when the International Labour Conference begins reviewing the Burma situation and in the July session of the UN Economic and Social Council (Ecosoc).
Given the present flux of international opinion, it is unlikely that the punitive action will be dropped or that it will be stepped up in a comprehensive manner. The most probable scenario is that the status quo will be maintained with softer language and greater assistance, largely because other countries are carefully watching the dialogue and do not want to jeopardise it by further tightening the knot. This reluctance is dangerous and the international community is treading a fine line between sustaining the pressure and nurturing inconclusive talks. The worst option would be a sudden relaxation in pressure and a rush to be a part of a dubious "Burmese success".
Meanwhile, Burma must match its words with deeds. It has repeatedly pledged to do all it can to end forced labour. The junta says it has twice invited an ILO team to visit to get a better understanding of the situation and help it meet the requirements of ILO Convention 29 on Forced Labour. They have also set up a National Level Implementation Committee to eliminate the practice. But for these efforts to be recognised, the ILO must be allowed to verify a credible and definitive end to forced labour in Burma. Speculation is rife that an ILO mission will be invited in just as the International Labour Conference is about to begin - a usual last-minute tactic. Rangoon had already stated in a December letter from its mission in Geneva that it was willing to accept and provide full cooperation to ILO representatives, who can make frequent visits as the needs arise.
Despite all this, there are still concerns that forced labour is still very much alive in Burma especially in the minority states, albeit in different forms. Last March, the International Confederation of Free Trade Unions (ICFTU), a staunch critic of the Burmese regime, presented 21 documents providing 300 pages of detailed information on recent forced labour to the ILO. At least 80,000 people, including women, children and the elderly, from four districts of Karen State were forced into work between November and January. It alleged the practice had become more subtle through the issuing of undated, unsigned and unstamped orders; demanding written orders be returned to the issuing army personnel; and using civilian authorities to requisition labour on behalf of the military.
Punitive measures, therefore, should also cover the armed forces who order local authorities to supply labour, as well as a concrete provision for budgeting for free wage labour for public works which now involve forced and unpaid labour. In addition, there is a need for a distinct line between compulsory and voluntary labour.
For Thailand, joining the Asean common position to defend Burma is a great leap backward. It confirms popular sentiment that the country is departing from its strong international stand on human rights. Many officials praised last year's maverick decision to abstain from supporting Burma as "a very rare case that Thailand can clearly define what is its national interest". Indeed, the issue of forced labour has recently become more a moral crusade than a genuine effort to relieve Burmese people of their grievances. But with forced labour playing a significant part in driving millions of Burmese into Thailand, the country is in a unique position to speak out and be firm. Close and friendly relations with Burma are desirable, but it should not come at any cost.