Statement by His Excelleny U Nyunt  Maung Shein, Ambassador / Permanent Representative and Leader of the Myanmar Delegation at the 298th Session of the ILO Governing Body ( Geneva,  28 March 2007 )

Mr. Chairman,

                        At the outset, I would like to extend my delegation's warm greetings to you and to the other members of the Bureau.  I would also like to assure you of my delegation's fullest cooperation with you in the discharge of your duties.

                        My delegation wishes to thank the Director-General and the Secretariat for the continued assistance that has been extended to Myanmar in its efforts to eradicate forced labour in the country.  In this respect, we also recognize the efforts of the ILO Liaison Officer ad interim in Yangon, Mr. Richard Horsey.

Mr. Chairman,

                        There is a continuing trend of constructive engagement in Myanmar's relations with the ILO since the 95^th Session of the International Labour Conference of June 2006.  All three pending cases involving Su Su Nway, Aye Myint and the Aung Lan case have been resolved as requested by the International Labour Conference.  A moratorium of six months which was announced by Myanmar in June 2006 on a trial basis for not taking action against false complaints of forced labour was extended in December last year, pending the establishment of a mechanism to address cases of forced labour.

                        An ILO Mission led by the Senior Advisor to the Director-General, Mr. Francis Maupain visited Yangon in October 2006 to commence negotiations with the Myanmar side on an Understanding which would establish the mechanism to deal with complaints of forced labour. 

                        Meanwhile, the 297^th Session of the Governing Body in November 2006 concluded inter alia that:-

            " The Myanmar authorities should, as a matter of utmost urgency and in good faith, conclude with the Office an agreement on a mechanism to deal with complaints of forced labour, on the specific basis of the final compromise text proposed by the ILO mission."

                        In compliance with the afore-mentioned conclusion of the Governing Body, the Permanent Mission of Myanmar in Geneva acting upon the mandate of the Labour Ministry conducted in January 2007 several rounds of intensive negotiations with the ILO Office leading to the signing in Geneva on 26 February 2007 of the Supplementary Understanding to the Understanding concerning the appointment of the ILO Liaison Officer in Myanmar.  This agreement sets up the necessary mechanism to deal with complaints of forced labour.

                        In concluding the Supplementary Understanding with the ILO, Myanmar has, most importantly, fulfilled the priority requirement of the conclusions of the 297^th Session of the Governing Body.

                        My delegation would like to express its appreciation and thanks to the Officers of the Governing Body for considering and approving the agreement in an expeditious manner.

                        This achievement clearly reflects Myanmar's willingness and seriousness to cooperate with the ILO in the eradication of forced labour in the country.

                        Since the agreement is now on a trial run for a  period of 12 months, for the next stage it is logical that sufficient time should be given to see how things would develop in its implementation.

                        The conclusion and implementation of this agreement, we believe, constitutes a confidence building measure between Myanmar and the ILO.  It is upon this CBM that both sides should further build mutual trust in their relationship.

Mr. Chairman,

                        While on the important question of implementation of the Supplementary Understanding, my delegation would like to inform the House that a number of cases that have been assessed by the Liaison Officer a.i., are now referred to the Ministry of Labour for investigation.  As a matter of fact, the two cases referred to the authorities have been resolved as of date.  In one case involving local officials and officials from the Forestry Department action is now being taken against them in accordance with the law and departmental action respectively.  Another case involving recruitment into the army has also been resolved and action taken against those responsible by the Adjutant-General's Office.

Mr. Chairman,

                        In the light of the positive developments, and constructive cooperation by Myanmar with the ILO, my delegation requests this august Assembly to give time and space for the mechanism that has just been established to properly function. We sincerely hope that the Governing Body would exercise wisdom by refraining from pursuing legal measures against Myanmar.

                        I thank you.