by Mizzima News
Monday, 08 June 2009 16:05
Chiang Mai (Mizzima) – A committee on International Labor Standards has called on Burma's military government to both amend existing legislation and address shortcomings in a new Constitution due to take effect next year in order to ensure the cessation of forced labor in the country.
Referencing the Forced Labor Convention of 1930, an International Labor Organization (ILO) expert committee ruled that the practice of forced labor continues to prevail throughout the country, in all but one of the 14 States and Divisions – citing a lack of political will on the part of authorities to address the problem.
The committee told the government it must amend both existing legislation and the new Constitution to effectively ban forced labor, publicize the ban and punish those who defy the ban – appealing to the government to "redouble their efforts" in enacting "long-overdue steps" to stamp out forced labor in Burma once and for all.
Disagreeing with the Burmese government's interpretation of the 2008 Constitution, the committee concluded that the text of the document provides for the possible permission of forced labor, specifically drawing attention to a clause referencing "duties assigned thereupon by the State in accord with the law in the interests of the people."
Additionally, the committee voiced the opinion that "even those constitutional provisions which expressly prohibit forced or compulsory labour may become inoperative where forced or compulsory labour is imposed by legislation itself."
The junta, however, rebuked the view of the committee, noting the Constitution was approved by over 90 percent of voters in a May 2008 referendum and quoting paragraph 15 of Chapter VIII of the Constitution, which iterates: "The State prohibits any form of forced labour except hard labour as a punishment for crime duly convicted and duties assigned thereupon by the State in accord with the law in the interests of the people."
Yet, it is precisely paragraph 15 of Chapter VIII, along with the Village and Towns Acts, which the ILO contends demands immediate attention in the amendment or retraction of text contained therein.
Further, in response to more than 600 pages of evidence to the practice of forced labor in Burma submitted by the International Trade Union Confederation (ITUC), the ILO committee accused the government of failing to address the specifics of the cases brought forward, instead merely regurgitating previous statements to the general condition in Burma and practices of the government without providing any proof in support of the government's position.
Included in the transcripts provided by the ITUC was evidence of direct demands of forced labor made by Burma's military of Karen and Chin villagers as well as forced labor relating to the reconstruction of the country's cyclone ravished delta region.
The committee, in justifying their verdict, reminded the government that no military personnel have yet to be held accountable for any alleged rights violations, with the exception of three cases which resulted in salary reductions or loss of seniority as opposed to reprimands following from application of the penal code.
China, India and the Association of Southeast Asian Nations (ASEAN), however, all came to the defense of the Burmese regime, with China and India opting to focus on the junta's positive achievements to date in putting an end to forced labor, while Singapore criticized those groups and countries choosing to raise the issue of Aung San Suu Kyi in conjunction with that of forced labor.
Opposition leader Aung San Suu Kyi is currently facing trial for breeching the terms of her house detention; charges which many critics and observers believe are purely political in motivation.
Burma, under the government of democratically elected Prime Minister U Nu, ratified the Forced Labor Convention in 1955 – some fifty years ahead of fellow ASEAN members Philippines and Vietnam.
The United States, China and Canada are three of the countries that have yet to ratify the 1930 Convention.
The committee decided against referring the situation in Burma to the International Court of Justice, the highest venue for dealing with forced labor abuses.
Monday, June 8, 2009
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