Statement by His Excellency Ambassador U Mya Than,
Member of the Myanmar Delegation, at the deliberations in the Committee on the Application of Standards of
the eighty-ninth International Labour Conference, 11 JUNE 2001

Mr. Chairman,

        I am delighted to see you presiding over this important Committee of the 89th session of the International Labour Conference. I wish to extend my warmest congratulations to you on your unanimous election as the Chairman of the Committee on the Application of Standards. Your rich experience, great expertise and outstanding diplomatic skills assure us that the deliberations in this Committee will come to a successful conclusion.

Mr. Chairman,

        There is a general feeling that the situation, surrounding the issue of Myanmar, has radically changed and that the atmosphere at the Committee on the Application of Standards this morning has also changed a great deal from the atmosphere that prevailed at the 88th ILC in June 2000 and the 279th meeting of the Governing Body in November 2000. There is now much optimism and positive outlook, shared by most of the Member States and delegates in the Committee.

Mr. Chairman, 

        This atmosphere of optimism and positive outlook has been generated by a very important development. That development is the agreement between the Myanmar Government and the ILO on the "modalities of the objective assessment", which was the outcome of the visit of the ILO team, led by Mr. Francis Maupain, to Myanmar last month.

Mr. Chairman,

        Let me refresh the memory of the Members of this Committee, here, on the evolution of the process that has now culminated in the agreement on the modalities of the objective assessment. The Myanmar Government has already put in place a comprehensive framework of legislative, executive and administrative measures to ensure that there be no practice of forced labour in Myanmar. In addition, Order Supplementing Order No.1/99, issued on 27 October 2000, has clearly stipulated that the use of forced labour is illegal and that it is an offence under the existing laws of the Union of Myanmar. It directs responsible persons, including members of the local authorities, members of the Armed Forces, members of the Police Force and other public personnel, down to the village and ward levels not to requisition forced labour or involuntary service. It also clearly sets out the legal consequences for breach of the Order by explicitly stipulating that any person, including the local authorities, members of the Armed Forces, members of the Police Force and other public personnel, shall have actions taken against him under Section 374 of the Penal Code.

       Moreover, Secretary (1) himself of the State Peace and Development Council issued a directive on I November 2000 to all Chairmen of the State and Divisional Peace and Development Councils in all regions of the country, prohibiting the requisition of forced labour.

         We are also continuing national implementation measures and national monitoring activities.

Mr. Chairman, 

        At the 279th meeting of the Governing Body, most Member States and delegates recognized these concrete measures, taken by the Myanmar Government. But the issue of "objective assessment" turned out to be a sticking point. The Myanmar Government did make a generous offer to receive an ILO team, either based in Bangkok or in Geneva. At that time, there were differences of opinion on this issue, and what happened at the 279th meeting of the Governing Body was most unfortunate.

        Nevertheless, we believe in the process of engagement, dialogue and cooperation, as a means to resolve the issues. That is why we entered into an engagement with the Director-General of the ILO.

        On 22 March 2001, His Excellency U Khin Maung Win, Deputy Minister for Foreign Affairs, called on Mr. Juan Somavia, Director-General of the ILO, on his way to attend an international conference in South America, and had exploratory discussions on the modalities of the objective assessment. In the course of discussion, the Deputy Minister informed the Director-Genera, of the ILO that the Myanmar Government had designated the Permanent Representative of the Union of Myanmar in Geneva as a contact point to conduct discussions with the Director-General of the ILO on the modalities of the objective assessment.

          Accordingly, I myself conducted wide-ranging discussions with the Director-General of the ILO on this matter.

        On 4 June 2001, His Excellency U Tin Winn, Minister at the Office of the Prime Minister attending the 89th ILC, called on the Director-General of the ILO and had fruitful discussions on matters of mutual interests.

Mr. Chairman, 

        The report, contained in ILO document C.App./D.7 of June 2001, which is now before the Committee, provides full information about the visit of the ILO team last month. The iLO team, led by Mr. Francis Maupain, Senior Adviser to the Director-General of the ILO visited Myanmar from 17 to 19 May 2001. The outcome of the visit is the important agreement between the Myanmar Government and the ILO on the "modalities of the objective assessment". Under the agreement, a High Level Team, led by an internationally respected person, will go to Myanmar on an objective assessment mission in September 2001.

Mr. Chairman, 

    The measures, taken by the Myanmar Government, are concrete, comprehensive and effective. The ILO considers that there ought to be an objective assessment of these measures to lend them the international credibility and confidence.

     You can now see that the Myanmar Government has not only put in place a comprehensive framework of legislative, executive and administrative measures, but has also accepted to receive the objective assessment by a High Level Team.

        Now things are moving forward in the right direction.

Mr. Chairman, 

        The value of the application of sanctions are highly questionable.

        We believe that the best sanctions are the sanctions that are never used and never carried out. Sanctions are  like  nuclear weapons. Their value lies in their deterrent effect, but not in their actual use.

       As a matter of principle, Myanmar opposes the application of sanctions on a Member State as a means to resolve an issue.

Mr. Chairman, 

     Now we do have an agreement between the Myanmar Government and the ILO on the modalities of the objective assessment. The difficulties I referred to earlier on are behind us.

         Let us not look back on the past. Let us look to the future and move forward to resolve the issue step by step.

        Most Member States and delegates have recognized that the Myanmar Government has the genuine political will and commitment to resolve the issue of the alleged use of forced labour.

        No one can deny that the agreement on the modalities of the objective assessment is a significant step. It is, indeed, a breakthrough.

Mr. Chairman,

       In view of this very important positive development, my delegation wishes to urge the Committee on the Application of Standards of the 89th International Labour Conference to recommend to the 282nd meeting of the Governing Body to review the measures, taken by the ILO under Article 33 of the ILO Constitution, in the light of the outcome of the visit of the High Level Team, with a view to removing those measures.

            I thank you, Mr. Chairman.