There has been little change and no evident improvement in labor conditions in Burma since the Department of Labor released its Report on Labor Practices in Burma in September 1998. Forced labor, including child labor, continues to be used on a widespread basis throughout the country on infrastructure development projects and to support military operations. The incidence of forced relocations continue to affect a large number of people in the country and may even be increasing, particularly in ethnic minority areas. Freedom of association continues to be denied in Burma and there are no legal trade unions. However, while the circumstances in Burma may not have improved, the international community has taken significant action against the current regime through the ILO's adoption of an emergency resolution on forced labor in Burma.

Nevertheless, forced labor continues to be used with impunity by authorities throughout Burma, and numerous reports received by the ILO Director-General, information from NGOs, and reports from the U.S. Embassy in Rangoon indicate that the Government of Burma (GOB) has not yet implemented the recommendations of the ILO Commission of Inquiry's Report. The GOB has never given any indication of the nature of the practical measures it was taking with regard to such recommendations.

Forced labor is apparently used on a widespread basis for infrastructure development projects, including the construction and repair of roads, embankments, canals, dykes, and pagodas and to develop land. Some allegations suggest that forced labor continues to be used on infrastructure projects designed to support the tourism industry in Burma. Forced labor also continues to be reported in military operations, with people being forced to work as porters, sentries, military camp workers, and laborers for commercial ventures designed to profit the military. Some villagers can avoid forced labor if they pay fees to the authorities, but most individuals do not have enough money to pay on a long-term basis.

Allegations of extremely harsh working conditions and human rights abuses continue to accompany charges of forced labor. Many villagers appear to have been ordered to supply their own tools, supplies, food, and transportation for the duration of a given project. There are continuing reports of beatings, torture, starvation, and summary executions. Individuals forced to act as porters for the military reportedly continue to be used as human mine sweepers and shields. Women working as forced laborers are reportedly raped. Forced labor may also be more targeted at ethnic minorities.

The use of forced labor continues to be legal in Burma. The national laws of Burma have not been changed to prohibit the practice. Order No. 1/99 issued by the Ministry of Home Affairs does not bring either the Village Act or the Towns Act, the two major pieces of national legislation authorizing the use of forced labor, in line with the Forced Labor Convention, 1930 (No. 29). In addition, to the knowledge of the ILO, no person has thus far been penalized under section 374 of the Penal Code for imposing forced labor.

There is little new information with regard to allegations of the use of forced labor in construction of the Yadana Pipeline. Statements reportedly made by the Chair of a French Parliamentary mission examining the role of oil companies suggest that forced labor may have been used for work supporting pipeline construction. However, questions regarding the alleged use of forced labor on the pipeline have yet to be completely resolved, and officials from Unocal Corporation have continued to dispute allegations that forced labor was used on the pipeline and to communicate their concern over the methodology used by the Department in researching the 1998 Report as well as this update.

Because of the GOB's consistent violations of the Forced Labor Convention, 1930 (No. 29) and failure to respond to repeated rulings by supervisory bodies to put an end to forced labor, the ILO's 87^th International Labor Conference submitted, discussed, and adopted an emergency resolution on the widespread use of forced labor in Burma on June 17, 1999. The Resolution deplored the GOB's failure to comply with the recommendations of the COI Report and withdrew 1) technical cooperation or assistance to Burma, except for direct assistance in implementing the recommendations of the COI Report, and 2) future invitations to attend ILO meetings, symposia, or seminars, except for meetings with the sole purpose of securing compliance with the recommendations of the COI Report.

With respect to forced relocations, reports from the United Nations, NGOs, and the U.S. Embassy in Rangoon indicated that forced relocations are still a serious problem in Burma. These relocations place people into life-threatening conditions. Relocation sites often have inadequate or entirely lack housing, proper sanitation, safe drinking water, food, and medical care. Residents of relocation centers do not have freedom of movement, and unemployment is a major problem.

The practice of forced labor often seems to go hand in hand with the policy of forced relocations. The people most seriously affected by demands for forced labor are those who have been forcibly relocated since they have been forced to leave their land and become wage laborers instead of farmers. Villagers forced to relocate near military camps are particularly vulnerable to demands for forced labor by military authorities.

A large number of villagers are subject to forced relocations, particularly ethnic minorities. The practice of forcibly relocating entire villages and populations of people in Burma is one component of the military's "Four Cuts" counter-insurgency strategy. As a consequence, the ethnic origin or perceived political beliefs of populations often play a determining role in whether or not they are forced to relocate, and ethnic minorities are particularly vulnerable to forced relocations. The GOB may have stepped up its practice of targeting villagers suspected of supporting ethnic insurgents for relocation.

With respect to freedom of association, the GOB continued to fail to bring its laws and practices into compliance with the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87). These failures include the continued non-recognition of independent trade unions by the Government (there are no independent trade unions operating openly in Burma), lack of legal status and protection for worker organizations, lack of collective bargaining, and harassment and imprisonment of individuals suspected of worker's rights activities. Worker rights organizations such as the Federation of Trade Unions - Burma (FTUB) are forced to operate underground and are under constant surveillance by the police and military intelligence.

The United Nations, the ILO, international trade unions, and other organizations have continued to note failure on the part of the GOB to grant the people of Burma freedom of association and the right to collective bargaining. The ILO's Committee on the Application of Standards, for the fourth consecutive year, noted in a special paragraph in its report to the 87^th International Labor Conference that Burma has continually failed to eliminate serious discrepancies in the application of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87). The U.N. Commission for Human Rights also deplored the severe restrictions on the freedom of assembly and association in Burma in an April 23, 1999 resolution.

With respect to the use of child labor, allegations that government and military authorities use forced and abusive forms of child labor continued to be raised by a number of organizations. There are numerous allegations that children are being used as forced laborers in infrastructure development projects and for military support operations. Many families have apparently resorted to sending children instead of adults when forced labor is demanded in order to reduce disruptions in adults' income-earning activities. Therefore, children perform forced labor on infrastructure development projects and work supporting the military alongside adults and on the same tasks. There are allegations that children have broken stones for paving roads, helped construct temples, and worked on dams. Children also perform forced labor for the military, ranging from camp work to portering, and there are reports that children are being drafted as soldiers and used as human mine sweepers and shields.

The Government's apparent lack of commitment to primary education continues to be a contributing factor to child labor conditions in Burma. Despite a compulsory education law, less than half of the children in Burma enroll in school and only 25-35% of those students complete the 5-year primary school course. In addition, the regime has closed down schools several times since 1988. In the case of children who have been forcibly relocated along with the rest of their villages, many are forced to work and help support their families rather than attend school since many schools have been closed or destroyed, and the children often do not speak the language used by the schools at relocation sites.

The Administration has repeatedly condemned the suppression of democracy and the widespread violation of fundamental human rights that have occurred under the current regime in Burma and has deplored, in particular, the pervasive use of forced labor by both government and military authorities. In an effort to support a transition to democratic rule and to encourage an end to persistent human rights abuses, including the use of forced labor, in Burma, the Administration has used a variety of political, economic, and other policy measures. Such measures include economic sanctions, withdrawal of aid, an arms embargo, and a ban on investment in Burma.

The United States has also brought persistent and high level denunciations of the GOB in a variety of multilateral fora, including the ILO, Association of Southeast Asian Nations (ASEAN), U.N. Commission on Human Rights (UNCHR), and the U.N. General Assembly (UNGA). The Administration has utilized these fora to express condemnation of the current regime in Burma, to lead worldwide efforts to support change in that country, and to document and bring international focus to the gross violations of human rights in Burma.

On June 16, 1999, President Clinton addressed the ILO's 87th International Labor Conference in Geneva, Switzerland. In his speech to the Conference, he singled out the Burmese regime for its flagrant violations of human rights and continued defiance of the ILO's fundamental values. The President's address underscored his commitment to labor rights around the globe and illustrated the high priority that he places on ending the human rights and worker's rights abuses in Burma.

The President's denunciation of Burma in his address was also significant because it occurred the day before the International Labor Conference was scheduled to consider an emergency resolution addressing forced labor in Burma. The adoption of this Resolution is unprecedented in the history of the ILO - it does not simply denounce the situation and activities of a member State, but significantly restricts all contact between Burma and the ILO. As some press accounts reported, the Resolution amounts to a de facto expulsion of Burma from the ILO.