US embassy cable - 04RANGOON1365

C O N F I D E N T I A L RANGOON 001365 
 
SIPDIS 
 
STATE FOR EAP/BCLTV, DRL, G/TIP 
STATE PASS LABOR/ILAB 
COMMERCE FOR ITA JEAN KELLY 
TREASURY FOR OASIA JEFF NEIL 
USPACOM FOR FPA 
 
E.O. 12958: DECL: 10/19/2014 
TAGS: ELAB, PHUM, PGOV, BM, Human Rights 
SUBJECT: SPDC REFUSES TO FREE THOSE CONVICTED OF CONTACT 
WITH ILO 
 
REF: A. STATE 214607 
     B. RANGOON 1301 AND PREVIOUS 
     C. RANGOON 882 
 
Classified By: COM Carmen Martinez for Reasons 1.4 (B,D) 
 
1. (SBU) The Burmese Supreme Court Special Appellate Bench 
ruled on October 14 not to throw out the high treason and 
conspiracy convictions against three individuals for, among 
other things, having in their possession business cards of 
the ILO representative in Burma.  The three had initially 
been sentenced to death in November 2003 with the sentences 
reduced in May to life (for one who was also convicted of 
plotting to kill SPDC leaders) and 3 years (for the two 
others).  The October 14 decision reduces the life sentence 
of Shwe Man to 5 years and the 3 year sentences of Naing Min 
Kyi and Aye Min to 2 years. 
 
Comment: A Turning Point? 
 
2. (C) The court decision (undoubtedly dictated by senior 
SPDC members) is very disappointing though not unexpected and 
could have serious ramifications at November's ILO Governing 
Board Meeting.  The local ILO representative for Burma was 
watching this case very carefully, and had expressed to us in 
the past the importance of the appeals court vacating the 
initial convictions and making it very clear that it was not 
illegal to contact the ILO (a point we have emphasized with 
the GOB, including the Minister of Home Affairs; ref C). 
Neither of these expectations was met.  This decision is the 
latest in a string of events -- such as recent news of 
increased forced labor incidences in Rakhine State and the 
GOB's increasingly weak effort to cooperate with the ILO to 
punish those involved in forced labor (ref B) -- that make it 
clear there is no political will to tackle the forced labor 
component of trafficking in persons.  We will emphasize our 
concerns over the court's decision when and if Labor Minister 
Tin Winn agrees to meet with the Chief of Mission (ref A). 
End comment. 
Martinez