Statement by U Hla Myint, Adviser and Substitute Delegate of Myanmar Delegation to the 96^th ILC

at the Committee on Application of Standards

(Special Sitting on Myanmar)

(Geneva, 2 June 2007)

Mr. Chairman,

At the outset, I should like to congratulate you on your re-election as Chairman of the Committee on Application of Standards.  I am confident that your able stewardship of our deliberations will lead to an outcome acceptable to all.

Mr. Chairman,

Since our last meeting in this hall, many positive developments have taken place in Myanmar concerning the issue of forced labour, thanks to the firm commitment of the Government of the Union of Myanmar to effectively address this issue and the steadfast cooperation and patience of the ILO in this endeavour.  Our joint endeavours focussed on a Supplementary Understanding establishing a  complaint mechanism for forced labour victims.

We received the ILO mission in October 2006 and had detailed discussions on a draft Supplementary Understanding proposed by the ILO.  Although we could not agree on it before the 297^th session of the Governing Body, series of discussions were continued on a sustained basis between Myanmar and the ILO in Nay Pyi Taw, Yangon and Geneva, based on the final compromised text of the ILO.  In the discussions, both sides demonstrated positive attitude and utmost patience in the sole interest of the victims of forced labour.  This led to a successful conclusion of a Supplementary Understanding between Myanmar and the ILO on 26 February 2007.  To give wide publicity to the Supplementary Understanding, the Permanent Representative of Myanmar in Geneva issued a press release on the same day.  In addition, the Director-General of the Department of Labour provided to the foreign journalists in Myanmar the clarifications concerning Supplementary Understanding and continued cooperation between Myanmar and the ILO.  On 3 April 2007, the Ministry of Labour launched a website on labour matters, including the Supplementary Understanding.

Mr. Chairman,

As you are aware, the complaint mechanism established under the Supplementary Understanding came into force immediately.

Mr. Chairman,

Justice delayed is justice denied and the Government of Myanmar makes sure that the cases involving forced labour transmitted by the Liaison Officer to the Working Group headed by the Deputy Minister for Labour were immediately investigated.  The expedition with which the required investigations were carried out resulted in the quick resolution of the cases received by the Working Group.

Mr. Chairman,

A majority of Member States have recognized that Myanmar is effectively implementing the Supplementary Understanding.  As the existence of the complaint mechanism is well known to the public, as evidenced by receipt by the LIaison Officer a.i. of complaints from many parts of the country, we are confident that this mechanism will become an effective tool in our joint effort to eradicate the practice of forced labour.  In addition, the Myanmar authorities have taken prompt legal action against those who committed forced labour and these actions were published in the national newspapers, thus enhancing the credibility of the mechanism.

Mr. Chairman,

Within three months since we implemented the Supplementary Understanding, we have received only nine  cases that involved forced labour.  However, to our regret, there have been various attempts to increase the number of     complaints, taking advantage of a clause in the Supplementary Understanding prohibiting any action taken against a complainant(s) or their representative(s) on grounds of the complaint.  We feel that those attempts may undermine the smooth functioning of the mechanism for the bona fide victims.

Mr. Chairman,

298^th session of the Governing Body underlined the importance of the mechanism continuing to function effectively and the necessity of adequate staff resources for the Liaison Officer.  We also recognize that the continued functioning of the mechanism is in the interest of the victims of forced labour.  In this regard, the Deputy Minister for Labour received the ILO Liaison Officer a.i. on 8 April 2007 and assured him that full cooperation will be extended in dealing with future complaints.  There has been no disagreement between the two sides on the necessary appropriate steps to be taken to enable the Liaison Officer or his/her successor to effectively discharge the additional work and responsibilities.  The mechanism has been in place only for 3 months.  As clearly stipulated in paragraph 8 of the Supplementary Understanding, in a reasonable time and after due consultation the necessary adjustments could be made to the staff capacity of the Liaison Officer, and the Government of Myanmar will take into consideration the request of the Governing Body to extend the necessary cooperation and facilities.

Mr. Chairman,

Please allow me to reiterate our position regarding a matter which we strongly feel is of vital importance for Myanmar as well as for the image of the International Labour Organization.  That is the participation of the members of Free Trade Union of Burma (FTUB) which the Ministry of Home Affairs of Myanmar has declared as terrorists by its Notification No.3/2005 and Declaration No.1/2006 issued on 28 August 2005 and 12 April 2006 respectively.  In the light of intensified cooperation between Myanmar and the ILO, as evidenced by the emergence of a redress mechanism for forced labour victims, to allow the participation of elements involved in terrorist acts at the special sitting on Myanmar will in no way contribute to our worthy efforts to eliminate the practice of forced labour.  Their participation will simply complicate the matter.

Mr. Chairman,

As Mr. Richard Horsey has decided to end his assignment as ILO Liaison Officer, Myanmar has positively responded to the appointment of Mr. Stephen Marshall as the Liaison Officer of the ILO in Yangon.  I wish to inform the Committee that we would extend to Mr. Marshall the facilities and courtesies that have been extended to Mr. Richard Horsey.  I also like to take this opportunity to recognize the essential role that Mr. Richard Horsey has played in our efforts to eliminate forced labour practices.

Mr. Chairman,

The conclusion of the Supplementary Understanding and the resultant establishment of a complaint mechanism are the most significant developments in the history of cooperation between Myanmar and the ILO.  This achievement testifies to the genuine spirit of cooperation from both sides.  The similar spirit of cooperation is essential for the mechanism to continue to function effectively.  We assure that we will make every effort to enable the mechanism to function effectively.  In this regard, we look forward to receiving the spirit of cooperation and accommodation from the ILO as well as from its membership.

Thank you.