Myanmar forced labour
28 March 2007
Years of delicate behind-the-scenes diplomacy have finally paid off with the
government of Myanmar opening its doors to inspectors of the International
Labour Organisation to probe the controversial issue of forced labour, the
meeting was held in Geneva today, Wednesday
Addressing the 298th session of the ILO Governing Body, Labour Minister
Membathisi Mdladlana, who is also chairperson of the Governing Body, said
"progress has been made in connection with the ILO resolution on Myanmar
adopted during the International Labour Conference in 2000."
The resolution called on the Myanmar authorities to conclude an agreement
with the ILO on a mechanism to deal with complaints of forced labour. It also
underscored the fact that "any move to prosecute complainants would be a
violation of ILO conventions."
As part of the campaign against Myanmar, the ILO sought advice from the
International Court of Justice (ICJ) to prohibit forced labour. This came as a
sequel to Myanmar's earlier claim of their right to prosecute individuals who
allegedly lodged false complaints of forced labour.
Mdladlana said, "I also want to say that chapter two of the South African
constitution provides for a Bill of Rights, which is the cornerstone of
democracy. It affirms the democratic values of human dignity, equality and
freedom. Section 13 of the Bill says 'no one may be subjected to slavery,
servitude or forced labour.' The issue of protection against forced labour is
therefore a constitutional imperative for South Africa. It is this principle
that makes us to believe that the ILO is the most suitable structure to deal
with such issues."
The Minister said while commending the Myanmar authorities for coming to the
party, the question was "whether we will now implement the letter and spirit of
this agreement. The Myanmar authorities must and we underline, must take us
forward on this matter and end forced labour in the country immediately."
Another key development from the meeting was the Governing Body welcoming
the signing of the agreement between the ILO and the government of Myanmar
establishing a mechanism through which victims of forced labour can seek
redress. The meeting also acknowledged that as part of confidence building,
authorities had started to act against those responsible for forced labour. At
the same time, the Governing Body agreed to defer seeking advice from the ICJ
and give a chance to consultations with all the constituents, using the
necessary legal expertise.
Enquiries:
Zolisa Sigabi
Cell: 082 906 3878
Issued by: Department of Labour
28 March 2007
