The UN's labour body, the International Labour Organisation (ILO) has warned Burma's generals that they face the prospect of stiff sanctions unless they make a greater effort to stamp out the use of forced labour. The meeting of the ILO's governing body, which ended last week in Geneva, expressed grave concern for the deteriorating situation in Burma and the treatment of its representative in Rangoon. But in the light of new overtures from the regime they gave the junta until their next meeting in March to improve the situation or face tougher measures.
"The first priority is for the Myanmar government to acknowledge that resuming an effective dialogue with the ILO is the best way forward,'' the head of the ILO, Juan Somavia, said after the meeting.
"It is significant indeed that the statements on behalf of Asean and some of Myanmar's important neighbours, like China and India, specifically referred to the need to step up cooperation and dialogue between the ILO and Myanmar at every level, including the country's senior leadership _ a concern reflected in the conclusions adopted by the governing body,'' he added.
Tensions between the ILO and Burma's generals have increased over the past year at the same time the regime was cracking down on villagers who tried to report cases of forced labour to the organisation's office in Rangoon. Relations significantly worsened in recent months before the ILO meeting in Geneva with threats by Burma to withdraw from the ILO.
For nearly a year now the ILO representative in Rangoon, Richard Horsey, has not been allowed to travel outside the capital. But despite death threats against him and a vocal public campaign demanding the ILO be kicked out, the labour organisation has made it clear it has no intention of leaving Burma.
"These threats appear to have now stopped. The intention does seem to have been to intimidate me, but of course there was no possibility that I would leave the country because of this,'' Mr Horsey said.
"We are not leaving Rangoon as there is a task to be accomplished. In the past, the ILO has faced difficult situations in other countries where ultimately our values have prevailed,'' Mr Somavia said.
In fact, the ILO has frequently made it clear that it wants to increase its presence in the country. Even key Burmese trade union leaders like Maung Maung, general-secretary of the Free Trade Union on Burma (FTUB) are keen to see the ILO open more offices, especially in the southern port town of Moulmein, the northern city of Mandalay and elsewhere.
"This would enable the people of Burma to report the military junta's violations of workers' rights and forced labour abuses to the ILO," Maung Maung said.
Earlier this month the regime seemed to be offering the UN body an olive branch in an effort to deflect any possible moves to increase sanctions against Rangoon.
Days before the ILO meeting discussed the situation in Burma, the labour minister wrote to Mr Somavia suggesting Burma was prepared to continue cooperating with the ILO provided the body was ready ``to reciprocate our good faith and sincerity''.
The Burmese ambassador in Geneva also told the ILO that Burma would remain a member of the organisation and explore all avenues available to cooperate with it in a "mutually constructive manner''.
"We believe the ILO should reciprocate our sentiments by entering a new era of cooperation based on sincerity and good faith, free from politicisation, which would be mutually beneficial to both sides,'' he said.
Last month, Burma's government threatened to withdraw from the ILO, though it seems to have had second thoughts since. Last month a confidential ILO mission met with the labour minister, U Thaung, to discuss relations in the lead-up to the Geneva meeting.
During the two-day visit, the labour minister told the special adviser to the ILO chief, Francis Maupain, that the government had decided to give the ILO notice that Burma was withdrawing from the organisation. The letter had been written and the government was waiting to send it to Mr Somavia, U Thaung told the ILO mission.
Earlier this month though the regime seemed to back away from the threat. Burma's Foreign Minister Nyan Win said that the government had not yet decided to withdraw from the ILO.
Burma's prime minister, General Soe Win, gave the same message to Prime Minister Thaksin Shinawatra. "Burma is not leaving the ILO,' Mr Thaksin told reporters after the two met.
The ILO is currently being inundated with letters reportedly sent by concerned Burmese. The writers claim to have been motivated to write to help correct the misunderstanding between the Burmese government and the ILO. "I love my country and want to counter the false accusations and propaganda against it,'' one letter reads. Most letters insist there is no forced labour in Burma.
But this Burmese charm offensive is unlikely to pacify the ILO, and workers tired of the generals' perceived prevarication. "The junta does this all the time, trying to use UN mechanisms to buy time while continuing to arrest and jail innocent workers opposed to forced labour. It is time for the ILO to adopt more result-oriented policies,'' said FTUB spokesman Naing Ko Ko.
Ten days ago, a 36-year-old FTUB member, Aung Myint Thein, who was arrested in July for trying to pass information about forced labour to the ILO, died in jail. The FTUB says the death was from torture.
Last month 10 workers were sentenced to lengthy jail terms for trying to send evidence of forced labour on a government highway project to the ILO, said Naing Ko Ko.
Around the same time, a young National League for Democracy leader, Su Su Nway, was sentenced to 18 months in Insein prison for allegedly swearing and threatening local authorities. She had earlier this year successfully sued the local authorities for using forced labour. They were given prison sentences, but the authorities counter-sued the activist.
"The situation in Burma at present is intolerable. The junta is cracking down on anyone who tries to report forced labour to the ILO,'' said FTUB leader Maung Maung.
``There are hundreds of labour activists and workers wrongfully locked up in the military's prisons,'' he added.
While the ILO leadership is keen to continue cooperation with the Burmese junta, maintaining the status quo _ particularly the travel restrictions on the Rangoon representative and the absence of legal protection for informants _ is unacceptable to the ILO.
"We must indeed address, as a matter of priority, the need to provide complainants with the necessary protection from reprisals,'' said Mr Somavia.
The Burmese government now has until March to show sincerity. If there is no significant improvement, the ILO is certain to call for measures against Rangoon. Although the ILO itself cannot implement sanctions, the resolution adopted by the ILO Conference in 2000 called for members to review relations with Rangoon to eliminate forced labour.
This means international bodies, like other UN agencies, the Asian Development Bank, the International Monetary Fund and the World Bank would have to review activities in Burma which might involve forced labour.
International workers groups and trade unions are seriously considering a ban on the loading and unloading of Burmese cargo, which would hit the country's already crippled exports and make imports even more difficult.
Several western governments have also warned the generals that there will be major consequences if Rangoon does not cooperate seriously with the ILO.
Britain had a clear response to Rangoon's threat to pull out of the ILO. In its submission to the ILO governing body, it said the government had a right to search ships in territorial waters with Burmese cargo and impound them if they contravened crew-welfare and safety standards. Searches alone would delay ships' voyages and frustrate owners.
"I think that some people in Myanmar hope we will give up. But as long as the ILO governing body and the conference give me the mandate to persist, I will do so. That's why the ILO governing body reacted so strongly to what it considered were various forms of pressure and intimidation on the ILO and its liaison officer,'' Mr Somavia said.
The ILO governing body has left the door open for Burma to comply with the body's recommendations. According to ILO insiders, the ball is now in Rangoon's court.