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Overview

During the year 2000, the political situation in Myanmar continued under international scrutiny. The attention mainly focussed, among others, on the current poor human rights record including the use of forced labour, and the continued political stalemate. Activities of the political opposition, consisting mainly of the National League for Democracy (NLD), have been countered by the State Peace and Development Council, with intimidation and mass arrests. In addition to its political opponents, the Government also faces opposition from ethnic minority groups, i.e. Karen, Shan, Mon, Wa and others seeking greater regional autonomy.

A technical cooperation mission was fielded to Myanmar in May 2000 and October 2000 with the purpose of helping the authorities to establish the framework of legislative, executive and administrative measures to ensure the full implementation of the recommendations of the Commission of Inquiry. The report of the ILO technical cooperation mission to Myanmar was submitted to the GB in November 2000. At its 280th Session (March 2001), the ILO GB considered a report by national governments, employers' and workers' organizations and international organizations on their relations with Myanmar and on measures they had taken to ensure that such relations do not perpetuate or extend the system of forced labour in the country. The report was submitted pursuant to the ILC Resolution of June 2000. In accordance with the conclusions of the Commission of Inquiry, the GB decided to transmit the report to the ILC together with additional information on subsequent relevant developments.

Sanctions by international circles to protest its use of forced civilian labour include a strict aid embargo by the US and a ban in 1997 on new investment of US companies in Myanmar. The EU and other industrialized countries (such as Canada) have also removed trade and aid benefits. Recently, the sanctions against Myanmar have helped pressure the military regime into talking to Aung San Suu Kyi, General Secretary of the National League for Democracy. Early in 2001, there was for the first time in the past 6 years an admission that the junta leader and Suu Kyi had met to talk and it was expected that discussions would continue for national reconciliation.

The potential impact of sanctions imposed on the basis of the ILO resolution has raised fresh uncertainties for the existing economic challenges. A combination of poor economic management and low levels of foreign investments and Official Development Assistance (ODA) has limited the country's potential GDP growth to approximately 5 percent in 1999/2000 according to the forecasts of the IMF.

An important problem facing the country is in the health area. The World Health Report 2000, issued by the World Health Organization and officially launched in the country in June, ranked Myanmar 190 out of 191 countries in terms of its health system's overall performance. HIV/AIDS is a growing concern. After an increasing openness of the Government to HIV/AIDS, permission was given for UNAIDS to establish an office in the country.

ILO Constituents

Government

The State Peace and Development Council (SPDC) is the highest organ of State Power in Myanmar. The Ministry of Labour represents the Government in the ILO. The Minister is Major-General Tin Ngwe. Presently, there is no direct contact or relations between ILO in the region and the country.

Employer

The Union of Myanmar Chamber of Commerce and Industry represents the private employers' interests. As there is no contact with the country, we have no information concerning employers in Myanmar.

Workers

Trade unions do exist. However, we have no information on them for the same reason as above.

Major activities including Technical Cooperation

Myanmar has been a member of the ILO since 1948. However, in accordance with the Resolution adopted at the 87th Session of the ILO (June 1999) on the widespread use of forced labour in Myanmar, the ILO cannot engage in any technical cooperation or assistance with Myanmar, except for the purpose of direct assistance to implement the recommendations of the Commission of Inquiry.

Official Development Assistance (ODA) to Myanmar from bilateral as well as multilateral sources continued to be limited with a total reported amount of US$76.3 million in 2000 (US$76.8 million in 1999). The UN system is still the largest donor in Myanmar with a total assistance of over US$47.3 million in 2000 representing 62% of the reported development assistance to the country. China, India and Japan are currently the largest bilateral donors in the country. The lack of policy dialogue or technical assistance which usually goes with ODA has worsened the capacity in economic and social policy and planning. IMF and WB do not provide any assistance to Myanmar and UNDP's mandate in the country has, until 2001, prevented this agency from providing policy support. However, specialized agencies such as WHO and FAO provide technical policy assistance in the areas of their respective mandates.

In April 2001, Japan agreed to provide an aid package ($28 million) to rehabilitate a hydroelectric dam as a direct reward for the talks between the military regime and Aung San Suu Kyi, which are seen by Asian proponents as "real" and "moving forward". This move has given rise to their Asian countries - regardless of whether the talks will yield any positive results - to start distancing themselves from the West's isolation of the military junta.

Promotion of International Labour Standards and Tripartism

Myanmar has ratified 21 ILO Conventions, including C. 29 and C. 87.

Myanmar's engagement of its nationals under penalty of sanction to perform forced labour in the construction of railways and roads has been of particular concern to the ILO for more than 30 years. On 20 June 1996 a complaint submitted under Article 26 of the ILO Constitution was filed against Myanmar by 25 Worker Delegates to the 83rd Session of the ILC, concerning its non-observance of Convention No. 29. The complaint cited the SLORC leadership's persistent failure to repeal its repressive laws (e.g. the 1908 Village and Towns Act) allowing the use of forced labour in infrastructure projects and the forcible recruitment of porters by the military.

Freedom of Association has been seriously restricted in the country, as the SPDC has continued to invoke national provisions under its 1908 Unlawful Association Act to squash activities of its political opponents. Workers and employers do not enjoy the right to organize and join organizations of their choice outside the existing government-controlled structure. The Government has persistently failed to report in substantive terms to the ILO on its application of Convention No. 87 despite repeated reminders from the ILO supervisory bodies.

The United Nations General Assembly and the Commission of Human Rights continue to examine the human rights situation in Myanmar, and have repeatedly expressed grave concern on the continuing and intensified repression of civil and political rights in the country.

 

Updated by CHW. Approved by RD. Last update: 20 July 2001.