CASE STUDIES
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region in early 1998, the Commission of Inquiry
conducted 246 interviews, entirely with minorities
and indigenous peoples.
The Government accepted the Recommendations of
the Commission of Inquiry in September 1998, but
failed to implement them.
The 1999 International Labour Conference adopted a
Resolution stating that the situation in Burma was
incompatible with the conditions and principles governing membership of the ILO, and that the ILO
should cease to provide any technical cooperation or
assistance to the Government. There was to be one
exception to this restriction: assistance to implement
the Recommendations of the Commission of Inquiry.
The International Labour Conference in June 2000
adopted another Resolution under Article 33 of the
ILO Constitution, recommending that if Burma did
not take concrete steps to implement the Recommendations of the Commission of Inquiry by 30
November 2000, the ILO would ask its constituent
members and other international organizations to
review their relations with Burma.62
In October 2000, a technical cooperation team visited Burma to assess the situation and to offer its services to the Government.
In November 2000, following the cooperation team’s
visit, the ILO’s Governing Body concluded that the
Commission of Inquiry’s Recommendations had not
been implemented. The Director-General contacted
international organizations and requested them to
stop any cooperation with Burma, and to cease any
activities that could directly or indirectly support the
practice of forced labour. All ILO constituents were
also urged to review their relations with Burma and
to take measures to ensure that Burma could not take
advantage of these relations to perpetuate the use of
forced labour.
In its 2001 report, the Committee of Experts
observed that in a letter of 29 October 2000 to the
Director-General of the ILO, the Government indicated its ‘political will to ensure that there is no
forced labour in Myanmar, both in law and in practice’, and the Committee asked the Government to
report in detail on any progress made in implementing the Recommendations of the Commission of
Inquiry.63
Burma was discussed again at the International
Labour Conference in 2001, and in September 2001
the ILO sent a four-member team to Burma for three
weeks to review what progress had been made in
implementing the Commission of Inquiry’s Recommendations. The team found that while the Government had made some progress, it was insufficient,
and forced labour was still practised widely.
– Burma remains under review.
3. Bangladesh
his case study demonstrates how continued ILO
attention can help to bring pressure on member
states, with the help of trade unions and NGOs.
• Since Bangladesh first ratified Convention No. 107 in
1972, the ILO supervisory bodies have been addressing the issue of the indigenous peoples in the Chittagong Hill Tracts (CHT) region. The two major concerns have been human rights and land.
• The Committee of Experts’ comments intensified in
the mid-1980s due to continuing reports of gross
human rights violations committed by the armed
forces, often in collusion with settlers brought in from
the plains areas through a government population
transfer policy. In 1985, following up on an Observation of the Committee of Experts on persistent reports
of human rights abuses, the Applications Committee
held detailed discussions with the Government on the
subject. In November 1985, a representative of the
Director-General visited Bangladesh on a ��Direct
Contacts’ visit.
• In its 1986 report, the Committee of Experts regretted
that ‘only very limited discussions’ were arranged for
the Director-General’s representative during the
Direct Contacts visit, described by the employers’
members at the Applications Committee as a ‘failure’. The Government was again invited to appear
before the Applications Committee and a ‘special
paragraph’ was included in the report to indicate the
gravity of the situation. During the discussions at the
Applications Committee, the duty of the Committee
to protect minorities and the weak, in Bangladesh as
well as in other countries where the problem arose,
was stressed.64
• The Committee of Experts made another Observation
in 1987 on the continuing conflicts between the
indigenous peoples, and the settlers and the army,
referring to reports received from NGOs including
Amnesty International and the International Work
Group for Indigenous Affairs (IWGIA). The Government was again asked to appear before the Applications Committee in June 1987, and a ‘special paragraph’ was adopted urging the Government to adopt
concrete measures to resolve the situation.
• In 1988, the ILO received a ‘comment’ from the International Confederation of Free Trade Unions
(ICFTU) regarding reports of human rights violations
of the indigenous peoples in the CHT, including their
right to life and physical safety. The ICFTU within the
T
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