Statement by His Excellency U Wunna Maung Lwin, Ambassador/Permanent Representative of the Union of Myanmar at the 301^st Session of the ILO Governing Body ( Geneva 20 March 2008 )

Mr. Chairman,

          Thank you for giving me the floor.

          At the very outset, I should like to commend you for your important contribution and able leadership at the previous sessions as well as the current 301^st session of the ILO Governing Body.  We are confident that, with your outstanding diplomatic skills and high professionalism, you will be able to steer this session to a successful conclusion.  My tribute also goes to the two Vice-Chairmen and other members of the Bureau.

          I also wish to express our appreciation to Mr. Stephen Marshall, ILO Liaison Officer, for the full cooperation he has extended to the Ministry of Labour of the Union of Myanmar.

          I am very much gratified to inform the house that we have been making steady, sustained and significant progress on the issue of forced labour.

Mr. Chairman,

          In accordance with the conclusion of the 300^th Session of the Governing Body of November 2007, the ILO mission led by Mr. Kari Tapiola, Executive Director of the International Labour Office, accompanied by Mr. Francis Maupain, Special Legal Adviser to the Director-General of the ILO, visited Myanmar from 25 to 28 February 2008.  One of the outcomes of the mission is the important agreement between the Government of the Union of Myanmar and the ILO on the extension of the Supplementary Understanding for another one  year commencing on 26^th February 2008.

Minister for Labour, U Aung Kyi received Mr. Kari Tapiola and party on 26 February 2008.  Mr. Tapiola and party had a discussion with the Working Group for Prevention Against Forced Labour led by the Deputy Minister for Labour.  The two sides discussed the matters relating to the implementation of Order No. 1/99 and the Supplementing Order No. 1/99 issued by the Ministry of Home Affairs for forbidding requisition of forced labour and the Directive issued by the State Peace and Development Council on 1 November 2000 for prohibiting the requisition of forced labour practice throughout the country.  Mr. Kari Tapiola noted with appreciation the reaffirmation by the Myanmar authorities of their commitment to the continuation of the SU for another one year extension, the implementation of the SU and the Government’s concerted efforts to eliminate the practice of forced labour in the country.

Like the previous ILO missions, this mission -- the eleventh mission of the ILO to visit Myanmar -- has produced positive results, and has contributed to the further advancement of cooperation between the ILO and Myanmar .  This achievement clearly reflects Myanmar ’s political will and seriousness to cooperate with the ILO in the eradication of forced labour in the country.

Mr. Chairman,

          Let me briefly apprise of the recent political developments in Myanmar .

          The Government of Myanmar made two Announcements on 9^th February 2008.  Announcement No. 1/2008 stipulates the holding of a National Referendum in May 2008 to seek approval of the State Constitution.   Announcement No. 2/2008 provides the time  frame for holding of the multi-party democracy general elections in 2010 in accordance with State Constitution.  The Commission for Drafting the State Constitution has completed its tasks successfully on 19 February 2008.  The Government has enacted the Referendum Law for the Approval of the Draft Constitution of the Republic of the Union of Myanmar on 26 February.  The Commission on Convening of National Referendum composed of 45 members has been formed on 26 February 2008.

          We would like to reiterate our commitments in continuing our democratic reforms in line with the Seven-Step Road Map.

          We have overcome the challenging situations and managed to restore stability throughout the country.  Now, the situation has returned to normal and the people are enjoying their daily peaceful life.  We are now focusing on implementing the fourth step of the Seven-Step Road Map toward democratization.

Mr. Chairman,

          The cooperation with the United Nations is the cornerstone of the Myanmar ’s Foreign Policy.  We have been fully cooperating with the United Nations in the context of the good offices role of the UN Secretary General.

Mr. Ibrahim Gambari, the Special Adviser of the UN Secretary General, had visited Myanmar for the fifth time from 6 to 10 March.

          While in Myanmar , he met with Minister for Foreign Affairs U Nyan Win on 6^th March.  He also met with the diplomatic corps and the Resident Representative of International Committee of the Red Cross (ICRC).  Mr. Gambari held a meeting with the Spoke Authoritative Team of the State Peace and Development Council composed of Minister for Information Brig-General Kyaw Hsan, Minister for Foreign Affairs U Nyan Win and Minister for Culture Maj. General Khin Aung Myint on 7^th March.  At the meeting, leader of the  Spoke Authoritative Team of the State Peace and Development Council, Minister for Information Brig-General Kyaw Hsan explained matters related to Myanmar affairs to Mr. Gambari.  Arrangement had been made for Mr. Gambari to meet with the persons of national race group, political parties, and social organizations.  He also met Daw Aung San Suu Kyi twice on 08 and 10 March.  Mr. Gambari has been able to hold a  meeting with the Commission for Holding Referendum.  U Thaung Nyunt, a member of the Commission, gave clarification on the National Convention, drafting of the constitution in accord with the fundamental principles and detailed basic principles and the measures being undertaken for approval of the draft  constitution through  a  national referendum.

Mr. Chairman,

          During one year trial period of implementing the SU from 26 February 2007 to date, the ILO Liaison Officer transmitted (35) cases to the Working Group for Prevention Against Forced Labour led by Deputy Minister for Labour.  Out of (35) cases (24)cases have already been resolved and closed, and (4) cases have been investigated and the findings were forwarded to the Liaison Officer.  Only (7) cases are under investigation.

          The Ministry of Labour is cooperating with the ILO Liaison Officer in arranging field visits in accordance with the SU.  The Liaison Officer himself, therefore, visited Aunglan Township and Myothit in Magwe Division to find out on ground situation for preliminary  assessment  of the complaint  cases.  The joint lecture on the awareness for the eradication of the practice of forced labour was given by the Director-General of the Department of Labour and the ILO Liaison Officer at the On-Job Training Course for Deputy Township Judges on 18 February 2008.   

          In respect of highest level public statement, the Ministry of Home Affairs of the Government of the Union of Myanmar issued Order No. 1/99 on 14 May 1999 that prohibits the use of forced labour practice throughout the country and the Supplementing Order No. 1/99 on 27 October 2000.  These Orders clearly stipulate that requisition of forced labour is illegal and strictly forbid such acts.

The State Peace and Development Council, the highest organ of the State also issued a Directive on 1 November 2000 instructing concerned authorities at all levels to strictly abide by the orders issued by the Ministry of Home Affairs.  This has clearly demonstrated the highest degree of public awareness measures taken by the Myanmar authorities to eradicate the practice of forced labour.

Mr. Chairman,

Myanmar attaches great importance to the question of protection and promotion of rights of the child.  Myanmar is a state party to the Convention on the Rights of the Child.

          Military service is voluntary in Myanmar and under the Myanmar Defence Services Act 1974 and the War Office Council Directive 13/73, a person cannot enlist in the armed forces until he has attained the age of 18.  In this regard, the Government has established the high-level Committee for the Prevention of Military Recruitment of Under-age Children on 5 January 2004 to effectively address the issue.  The Committee was reformed on 14 December 2007 in accordance with the latest developments.

          The Committee adopted a Plan of Action which includes recruitment procedures, procedures for discharge from military service, reintegration into society, public awareness measures, punitive action, submission of recommendations, and  consultation and cooperation with the international organizations.

          The Committee is in close cooperation with the United Nations country team,in particular with UNICEF for organizing awareness training programme and two workshops for Myanmar officials.

Legal action was also taken against those who recruited the under-age children and charged for their misconduct under Penal Code.  From  2002 to 2007, a total of 792 persons, including 160 minors, who did not meet the qualifications and unfit persons had been sent back to their parents and guardians  During the period, actions against 43 military personnel were taken for violation of the Directives on prevention of forced recruitment of minors.

However, the issue of child soldier was exploited by the anti-government groups including insurgents, in cooperation with some NGOs to tarnish the image of the Government and the Armed Forces of Myanmar.

Mr. Chairman,

Regarding Su Su Nway and Min Aung mentioned in the conclusion of the last GB session, I would like to make some clarification that these cases are not within the mandate of SU.  They have been charged under Penal Code because of the breaching of existing law.  However, the punishment on Min Aung has been reduced to two years to fulfill the request of GB 300^th session.

As regards the other six persons, I wish to state that they are neither workers nor work at any factory or workplace.  They were taking instructions, training and financial assistance from FTUB, an exile terrorist group to incite the general public to create instability in the country.  We have firm evidence for bombings and terrorist acts in the country masterminded and  carried out by FTUB.  This group has provided financial assistance to the destructive elements and supplied explosive materials to cause the several unstable situations in the country.

Myanmar Government is combating terrorism in accordance with the International Convention for Suppression of Terrorism we have signed.  Myanmar has acceded (11) International Conventions for the Suppression of Terrorism.

 In accordance with the International Convention for the Suppression of Terrorist Bombing and International Convention for the Suppression of the Financing of Terrorism, the Ministry of Home Affairs of the Government of the Union of Myanmar issued the Notification No. 3/2005 on 28 August 2005 declared the FTUB as an unlawful association and based upon concrete evidence of terrorist acts in the country by this group further Notification No. 1/2006 of 12 April 2006 has been issued by the Ministry of Home Affairs announced FTUB as the terrorist group.  Hence, FTUB does not represent any workforce in Myanmar .   I would like to reconfirm that it is a terrorist group in the disguise of a worker’s organization.

 So, these six persons were arrested for breaching of the existing laws and for their involvement in unlawful activities and attempted terrorist acts in the country.  However, the Supreme Court of the Union of Myanmar will review their cases.

Mr. Chairman,

          In Myanmar , workers are always regarded as one of the major driving forces for the development of the nation.  Both the State Constitutions of 1947 and 1974 contained provisions with regard to the workers' role in Myanmar society and their rights.

As I have already expressed earlier, the State Constitution has  been drafted based on the fundamental principles and detailed basic  principles adopted by the National Convention on 3 September 2007.  The right of the citizens to express freely their convictions and opinions, to assemble peacefully and to form associations and unions and to prohibit any form of forced labour are enshrined in the newly drafted State Constitution.  It shows the prominent evidence of the Myanmar Government’s political will for the application of the ratified Convention No. (29) and Convention No.(87). 

          The necessary measures are being undertaken by the Government for protection of the workers' right and for establishing the workers' organization at the respective industrial zones.  With the necessary assistance of the Ministry of Labour, workers in Myanmar are enjoying their rights in accordance with the existing labour laws.  Moreover, the interests of the workers such as working conditions, workers’ rights, wages and overtime under the existing labour laws are undertaken by their  employers in various workplace.

          I would like to assure that Myanmar Government has no reason to pursue the measures in violation of the existing international laws and conventions ratified by the Government.

Therefore, I would like to request the House that under these circumstances, the Emergency Resolution adopted by the 87^th ILC and the resolution adopted by the 88^th ILC concerning Myanmar be reviewed.

In conclusion, I would like to express our hope that in view of the said positive and significant developments and the commitments of the Myanmar Government, it is high time that this should deserve recognition from the ILO members.

I thank you, Mr. Chairman.