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OO RUEHCHI RUEHDT RUEHHM RUEHNH RUEHTRO
DE RUEHGO #0746/01 3170809
ZNY CCCCC ZZH
O 130809Z NOV 09
FM AMEMBASSY RANGOON
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9604
INFO RUCNASE/ASEAN MEMBER COLLECTIVE
RUEHGG/UN SECURITY COUNCIL COLLECTIVE
RUEHBY/AMEMBASSY CANBERRA 2336
RUEHNE/AMEMBASSY NEW DELHI 5789
RUEHUL/AMEMBASSY SEOUL 9394
RUEHKO/AMEMBASSY TOKYO 6980
RUEHGV/USMISSION GENEVA 4712
RHHMUNA/CDR USPACOM HONOLULU HI
RHEHNSC/NSC WASHDC
RUEKJCS/SECDEF WASHDC
RUEHBS/USEU BRUSSELS
RUCNDT/USMISSION USUN NEW YORK 2765
RUEKJCS/JOINT STAFF WASHDC C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 000746 
 
SIPDIS 
 
STATE FOR EAP, IO AND DRL 
PACOM FOR FPA 
US MISSION GENEVA FOR LABOR ATTACHE 
 
E.O. 12958: DECL: 01/02/2019 
TAGS:          
SUBJECT: BURMA: ILO PROGRESS REPORT 
 
RANGOON 00000746  001.2 OF 002 
 
 
Classified By: Economic Officer Marc Porter for reasons 1.4 (b and d). 
 
Summary 
------- 
 
 1.  (SBU)  The International Labor Organization (ILO) office 
in Rangoon has received an increased number of complaints of 
forced labor and child soldier recruitment over the past five 
months. ILO attributes this increase to heightened awareness 
of workers' rights rather than increased incidence of abuse. 
The ILO office cites myriad problems related to forced labor 
-- often the result of actions by local governments, not 
central authorities in the capital -- but also notes 
encouraging progress in the GOB's handling of child soldier 
recruitment cases.  End summary. 
 
ILO Rep Busier This Year 
------------------------ 
 
 2.  (SBU)  Steve Marshall, the ILO Liaison Officer in 
Rangoon, told diplomats at a November 6 briefing that since 
the ILO and GOB agreed to a 2007 Supplementary Understanding 
(SU) on forced labor, his office has investigated a total of 
223 incidents.  During the most recent reporting period (May 
15-October 28), the ILO office recorded 71 new cases, more 
than double the number received during the same period in 
 2008.  Marshall attributes the increase to heightened public 
awareness of labor rights and an increased willingness by 
aggrieved parties to come forward, rather than a rise in 
incidents.  However, he acknowledged that overall awareness 
remains low and that recent harassment of complainants (see 
para 3) could erode public confidence in the process. 
 
GOB Acting Responsibly, Sometimes 
--------------------------------- 
 
 3.  (SBU)  Marshall noted numerous positive resolutions of 
cases involving under-age recruitment of soldiers during the 
reporting period.  In every instance where the ILO 
facilitated a complaint, the GOB acted to release the child 
from military service.  However, the GOB's handling of those 
releases needs improvement, Marshall assessed.  In one case, 
for example, the GOB ordered a child soldier released without 
telling the child, who reportedly ran away the night before 
his scheduled release and remains missing. 
 
 4.  (SBU)  Resolving forced labor cases has been less 
successful, Marshall reported.  Several cases, mostly linked 
to a group of farmers in Magwe Division, remain unresolved. 
Marshall noted group complaints are increasing, likely 
because individual complaints are perceived as too dangerous. 
 In one positive sign of raised public awareness, the ILO 
received several complaints facilitated by Union Solidarity 
and Development Association (USDA) members.  Since the GOB's 
mass member organization takes its cues from the regime, 
Marshall notes that involvement by USDA members to remedy 
cases is encouraging. 
 
Central Government and Local Authorities Not on Same Page 
--------------------------------------------- ------------ 
 
 5.  (SBU)  While the GOB's "Working Group for the Elimination 
of Forced Labour" and other central government bodies are 
responsive in trying to resolve cases brought by the ILO, the 
same cannot be said for some local authorities, according to 
Marshall.  In several cases, primarily in Magwe Division, 
local authorities have blocked the implementation of 
ILO-brokered settlements by refusing to honor the substance 
of the agreements or by targeting complainants for harassment 
and judicial retribution.  In one instance, a local court 
reportedly ruled that a resolution reached under the GOB-ILO 
SU was "unofficial."  There is clearly a tension in some 
regions between what the central government has agreed to and 
what local authorities are willing to accept.  Marshall did 
not offer an explanation as to why local authorities would be 
willing to ignore the central government on labor issues but 
 
RANGOON 00000746  002.3 OF 002 
 
 
would toe the line on most others. 
 
ILO's Future in Burma 
--------------------- 
 
 6.  (C)  The current ILO SU expires February 26, 2010. 
Marshall expects to begin negotiating in earnest for a new SU 
after returning from the ILO Governing Body meeting in 
mid-November.  He hopes the U.S. and others will not insist 
on imposing difficult "conditions" on any renewed SU that 
would spur the GOB to resist continuation.  Marshall said he 
has already encountered signs of resistance by GOB officials 
to enter into any agreement that will bind a new government 
seated after the 2010 elections.  Marshall has pointed out to 
his GOB interlocutors that a government's responsibility is 
to govern until the end of its term.  However, he plans to 
suggest a pragmatic solution -- including an option in the 
new SU for any future government to renegotiate or opt out of 
the agreement.  He believes it extremely important for the 
ILO to retain its ability to be active in responding to 
complaints, as the SU allows, rather than having to revert, 
in the absence of an SU, to an observer role with no legal 
authority to facilitate the resolution of forced labor and 
child soldier recruitment cases. 
 
Recommendation 
-------------- 
 
 7.  (C)  Embassy Rangoon recommends the U.S. delegation to 
the ILO Governing Board meeting emphasize the importance of a 
renewal of the SU and the continuation of the ILO's existing 
mandate.  Marshall may well be right that insisting on 
"conditions" to accent international concern would, in 
effect, bring curtailment of the ILO's increasingly useful 
protective roles in Burma.  If renewing the SU ultimately 
requires including an option for a future government to 
renegotiate or opt out of the agreement, that flawed outcome 
is nevertheless better than scaling back the ILO's mandate 
and presence.  Particularly in light of the pending elections 
next year, an active and empowered ILO office is critical 
here. 
DINGER