June 4, 2001

Max Kern
International Labour Organization,
4, Route des Morillons,
CH-1211 Geneva 22,
Switzerland

Janek Kuczkiewicz
Dept of Trade Union Rights
International Confederation of Free Trade Unions
5 Boulevard du Roi Albert II, Bte 1
1210 Brussels
Belgium

Dear Mr. Kern and Mr. Kuczkiewicz:

We are writing on behalf of EarthRights International (ERI) to send information about the forced labor situation in Burma. Despite efforts by the International Labour Organization (ILO) to encourage Burma's military leaders to implement recommendations of the ILO's Report of the Commission of Inquiry, the enclosed 17 interviews show that troops of the State Peace and Development Council still use forced labor and are collecting labor and portering fees. The interviews were conducted with villagers from Shan State and Tenasserim Division between December 2000 and spring 2001, and concern the ongoing use of forced labor during those months. ERI's information shows that forced labor is occurring in these locations:

• Ye Pyu Township, Tenasserim Division: Interviews #1, #2, #3, #8, #9
• Tavoy Township, Tenasserim Division: Interviews #4, #6, #7
• Ke See Township, Shan State: Interview #32
• Loilem Township, Shan State: Interview #11
• Murng Kerng Township, Shan State: Interviews #32, #37
• Murng Nai Township, Shan State: Interview #38, #39
• Murng Pan Township, Shan State: Interview #28
• Murng Ton Township, Shan State: Interview #33
• Nam Zarng Township, Shan State: Interviews #25, #36

Far from indicating a shift away from utilizing forced labor, much less a cessation of this practice, ERI's interviews demonstrate that the authorities' use of forced labor continues through the present. The following statements are all drawn from these interviews: "Just three days before I came to Thailand, I had to fence their [the military's] camp" (Interview #11); "We had to go to fence the military base once a month" (Interview #32); "Every month we have to go and work for the soldiers more than ten days, and sometimes it was almost the whole month" (Interview #2); "Every five days, two villagers in our village tract had to go by rotation [to accompany soldiers]" (Interview #38).

Several interviews suggest, however, that the authorities are attempting to alter in name what they refuse to reform in practice: "Starting in November 2000... the District Peace Development Council has ordered the villagers to call porters 'helpers' and if people still call 'helpers' porters, they will punish them" (Interview #6); "According to the villagers, there is no 'porter[ing]' now, but [the military] calls it by another name. This time they ask for 'A-Ku-A-Nyi,' which means 'helper.' That means a villager has to go with them for give days as a guide, and they ask for it all the time" (Interview #28).

The enclosed interviews were conducted by ERI or by people from Burma who received prior training from ERI on how to conduct interviews. Due to security concerns and our own confidentiality policies, identifying information in the interviews has been redacted. We have given the township names to provide the location of incidences of forced labor and other human rights abuses. We have excluded people's names, but if this information is needed please contact us.

In sum, it is clear that use of forced labor, including portering, has not stopped in areas where we have been able to collect information. ERI will continue to monitor the situation and send information as it is received.

Sincerely,

Tyler Giannini, Director
Jed Greer, Associate Director
EarthRights International

cc: David Arnott, Burma Peace Foundation