Statement 101 - Australian Permanent Mission and Consulate-General

Australian Permanent Mission and Consulate-General

Geneva, Switzerland

Address: Chemin des Fins 2, Case Postale 102, 1211 Geneva 19 - Telephone: 022 799 9100 - Fax: 022 799 9178

Developments concerning the question of the observance by the Government of Myanmar of the Forced Labour Convention, 1930 (No. 29)

Statement by Australia & New Zealand

Madam Chair

Thank you. I make this statement on behalf of Australia and New Zealand.

Madam Chair

Real progress towards the eradication of forced labour, by the Government of Myanmar, is of paramount importance.

Australia and New Zealand appreciate the opportunity to take the floor on this important matter: the issue of forced labour in Myanmar is of serious concern to our countries, and we will continue to speak out, urging substantive progress.

Madam Chair

Australia and New Zealand welcome the Government of Myanmar’s agreement to extend the Supplementary Understanding for a further twelve months, from 26 February this year. We appreciate the assiduous work of the ILO in promoting observance of the Forced Labour Convention. Our sincere thanks are due in particular to the ILO Liaison Officer in Yangon, Mr Steve Marshall, and his team, for their efforts on the ground.

Madam Chair

The Liaison Officer’s current report highlights that some progress is being made. We welcome the Government’s increased cooperation with the ILO on child soldiers, and its cooperation with trade union legislation. The recent release from prison of complainants and facilitators, and the sentencing of military personnel for breaches of the Forced Labour Convention, are also welcome news. However, we remain concerned by the continued detention of four complainants and individuals associated with the operation of the Supplementary Understanding, and we urge the Myanmar authorities to release these persons.

We hope that these small steps forward will increase confidence in the operation of the complaints mechanism: it remains an important source of assistance for those who are aware of it, and able to access it.

In this regard, we were pleased to receive the Liaison Officer’s report on recent awareness-raising activity, including programmes undertaken in cooperation with UN organisations and NGOs. The availability of media reporting and other ‘in country publicity’ on the ILO’s work is also helpful.

Madam Chair

Despite these small steps forward, insufficient progress has been made towards the eradication of forced labour in Myanmar.

The Liaison Officer notes that use of forced labour, particularly by the military, remains an issue throughout the country. Civilians are still being forced to serve as porters and guides for the military; to construct military camps; and to labour on infrastructure projects. The continued use by the military and non-state actors within Myanmar of child soldiers is a further element of this practice which we deplore.

Mr Marshall’s assessment is supported by recent visitors. Australia and New Zealand note references in the report by the Human Rights Council’s Special Rapporteur on Myanmar, Tomas Quintana, to ongoing breaches of the Supplementary Understanding.

Madam Chair

Australia and New Zealand have long been appalled that human rights in Myanmar are disrespected in this way.

More needs to be done to address ongoing breaches.

Legitimate and valid complaints under the mechanism must be treated accordingly. The Government of Myanmar must cease the harassment, and imprisonment, of individuals associated with facilitation of the complaints mechanism. It must acknowledge that the harassment of complainants perpetuates impunity for violators of the Forced Labour Convention.

We urge the Government to engage in further, deeper cooperation with the ILO Liaison Office to promote access to the complaints mechanism. A key component of the Government’s support to the ILO’s work will be agreement to the long-standing visa request for the new staff-member for the ILO’s Yangon office. We call on the Government of Myanmar to grant this so that the new staff-member can begin work immediately.

Madam Chair

It is imperative that the Government of Myanmar support access to the complaints mechanism, as well the participation of individuals within it, as was intended.

We call on the Government of Myanmar to agree to the dissemination of the Liaison Office’s own brochure on forced labour: - this was an activity agreed in principle in January, but has yet to be done. We also urge the Government to support three further seminars proposed by the ILO, in Northern Rakhine State, along the path of the proposed Myanmar-China pipeline, and in Bago Division.

The absolute commitment of the Myanmar Government to eradicating forced labour – wherever it appears and in whatever guise – is critical. The Government must fulfill its international obligations under ILO Convention No. 29 and, proactively, enforce its own legislative prescriptions against the use of forced labour.

This includes making further effort to prosecute all who engage in these practices. Despite the recent sentencing of military personnel for forced labour offences, it is clear that a general ‘culture of impunity’ remains entrenched within the military.

Madam Chair

With its elections planned for 2010, this is an important year for Myanmar and an opportunity for it to make real progress on issues of concern. , .

With its continued detention of political prisoners, and, inter alia, its contravention of Convention No. 29, the Myanmar Government continues to disregard basic human rights. This situation must change – any encouraging ‘small steps’ forward with regards to forced labour must be accompanied by concrete measures to protect broader human rights, and progress towards genuine democratic reform.

Australia and New Zealand have repeatedly expressed grave concern about the continued detention of Aung San Suu Kyi, and that of other political prisoners. We call again for their immediate release.

We have been concerned to note the limitations imposed on the electoral process by the Government of Myanmar, through its electoral laws. We hold reservations as to whether it is possible for an election to be conducted appropriately with the full and free participation of all, and we urge the Myanmar authorities to work with the international community to ensure a transparent and inclusive election process.

Thank you.