US embassy cable - 03RANGOON300

C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 000300 
 
SIPDIS 
 
STATE FOR EAP/BCLTV AND DRL 
LABOR FOR ILAB 
USPACOM FOR FPA 
 
E.O. 12958: DECL: 05/04/2012 
TAGS: ELAB, PHUM, PREL, BM, Human Rights 
SUBJECT: ILO PUSHES FOR PROGRESS ON FORCED LABOR 
 
 
Classified By: COM CARMEN M. MARTINEZ FOR REASON 1.5(D). 
 
1. (C)  Summary:  On February 28, ILO Liaison Officer Ms. 
Perret-Nguyen provided Emboffs with a status report on her 
efforts to engage the regime on forced labor before the ILO 
Governing Board meeting on Burma in late March.  Ms. 
Perret-Nguyen has been focusing on getting the regime to 
accept a plan of action on forced labor to present to the 
Governing Board.  To date, the regime has not agreed to 
include even minimally necessary elements in the plan of 
action such as a pilot project area or a mediator.  In 
addition, the military, the primary user of forced labor in 
Burma, still remains off limits to the government's 
implementation committee on forced labor.  Ms. Perret-Nguyen 
is encouraging the U.S. and others to impress upon the 
Burmese government the importance of providing at least a 
minimally acceptable plan of action to the GB.  Otherwise, 
she expects GB members will have run out of patience with 
regime delays and move to enforcing sanctions.  End Summary. 
 
No News is Bad News 
 
2. (C) ILO Liaison Officer Ms. Perret-Nguyen told Emboffs on 
February 28 that she is frustrated with the lack of progress 
on forced labor in Burma since her arrival in Rangoon six 
months ago.  Specifically, she said the Convention 29 
Implementation Committee the government established in 
response to the ILO's call for action on forced labor 
continues to be ineffectual and the government is dragging 
its feet on submitting a meaningful plan of action to the 
Governing Body. 
 
3. (C)  Perret-Nguyen said the Implementation Committee 
members are always polite and cordial to her but on substance 
there has been no progress.  She said that when she brings 
allegations of forced labor to the committee's attention it 
invariably reports back that there was no evidence to support 
the allegations or, if there was evidence, military 
operations were involved and the committee could not 
intervene.  She said that she continues to receive credible 
reports that forced labor continues unabated in all areas 
where the military is active.  Perret-Nguyen is convinced 
that the military commanders have not received any 
instructions on how to implement the 1999 and 2000 directives 
issued to curtail the use of forced labor, so they continue 
with past practices.  She said that the patience of the 
Governing Body with the regime's delays on taking action 
against forced labor are wearing thin and the government 
needs to provide clear evidence that it will put action 
behind its words at the March Governing Body meeting. 
 
Key Elements In Plan of Action 
 
4. (C)  Ms. Perret-Nguyen said she has worked hard to 
convince the regime of the benefits of a sound plan of action 
on forced labor but it has been very slow going.  She has 
focused on the following priorities: 1) the designation of a 
mediator or facilitator to receive complaints and liaise with 
the Implementation Committee; 2) an assessment of the 
complaints evaluation system; 3) a study of alternatives to 
the use of forced labor; 4) the reform of the system for 
inspections and allegation verifications;  5) a public 
information campaign; and 6) an ILO-funded pilot area. 
Perret-Nguyen said that although the ILO and the government 
have exchanged drafts of a proposed work plan they are "no 
where near" agreement on a text.  She said her encouragement 
that when the regime begins to show action on the problem 
assistance will be forthcoming appears to be falling on deaf 
ears. 
 
5. (C)  As the Governing Body meeting draws near, 
Perret-Nguyen has honed in on obtaining a minimally 
acceptable plan of action from the government just to have 
something to show at the meeting.  Her office would not claim 
that this minimal plan is sufficient but it would give the GB 
something to review.  Her bottom line on a "minimally 
acceptable" plan would include the creation of a mediator and 
the acceptance of a pilot project, points the government has 
not yet been willing to accept.  She said that even if the GB 
determines that this minimal plan is not good enough, she 
could use that feedback to push for a better plan. 
 
Last Ditch Efforts? 
 
6. (C)  Perret-Nguyen said she hopes the regime relents at 
the last minute and agrees to the minimally acceptable plan 
of action, noting that the regime has a history of responding 
to the ILO officials when they are at the airport about to 
leave Rangoon.  For example, she said, when she was departing 
for Geneva for the last GB meeting, the regime presented her 
with three points or concessions to address ILO concerns. 
(Note: One of these was to appoint a representative of the 
Inspector General's office to the Implementation Committee in 
order to provide the committee with a link to military 
authorities; this appointment never materialized according to 
Perret-Nguyen.  End Note.) She said she hopes the regime will 
do the same this time and present her with the minimally 
acceptable work plan just before she leaves town.  She is not 
convinced, however, that the regime understands the 
importance of delivering a plan of action to the GB meeting. 
She senses that either the regime does not understand that GB 
patience for continued delays has run out or that it does not 
care.  She requested that the U.S. provide any support it can 
prior to the GB meeting to impress upon the Burmese that it 
is time for action on forced labor.  She said she has 
approached others in the diplomatic community to support her 
efforts.  If the regime does not accept at least some of the 
ILO's recommendations for the plan of action, Perret-Nguyen 
believes the GB will toughen its stance and revisit 
implementation of sanctions agreed to in 2000 but held in 
abeyance pending actions by the regime. 
 
7. (C)  Comment:  The Chief of Mission will meet with the 
Minister of Labor to impress upon him the importance of 
demonstrating to the GB the regime's commitment to addressing 
forced labor.  We will point out the benefits of a pilot 
project and a mediator, and encourage an improved 
investigation and enforcement mechanism.  Unfortunately, it 
is likely that the Minister of Labor understands these issues 
all too well but is not in a position to determine whether or 
not to cooperate with the ILO.  The junta's military leaders 
dictate these matters and they have a long-held vested 
interest in using forced labor to support the military 
infrastructure.  Perret-Nguyen noted that the military 
continues to remain outside the Implementation Committee and 
does not appear to have any commitment to reducing forced 
labor.  Until this changes, we can expect cooperation with 
the ILO mission to be slow at best. End Comment. 
Martinez