Appendix II

Observation of the Myanmar Government on the
initial complaint and supplementary evidence made
by 25 Worker delegates to the 83rd Session
of the International Labour Conference under
article 26 of the ILO Constitution

Part I. Introduction

1. A group of 25 Worker delegates to the 83rd Session of the International Labour Conference, held in June 1996, filed a complaint against the Government of the Union of Myanmar under article 26 of the ILO Constitution for non-observance of the provisions of the Forced Labour Convention, 1930 (No. 29), reserving the right to supply additional information and supplementary evidence in this regard.

2. The Government of the Union of Myanmar accordingly made a prompt reply in October 1996 to the ILO Director-General on the concrete measures taken by the Myanmar Government to abolish recourse to forced labour as a gesture of response to the above-mentioned complaint.

3. However, the Worker delegates once again submitted the supplementary evidence on 31 October 1996 to the Director-General in support of their initial complaint to be brought to the attention of the forthcoming session of the Governing Body to be held in March 1997.

4. Consequently, the information was transmitted to the Myanmar Government by the Director of the International Labour Standards Department on behalf of the Director-General of the International Labour Office to enable the Myanmar authorities to make necessary observations on the allegations of the complainants.

5. The Myanmar Government, accordingly wishes to provide a detailed reply and information relevant to the findings and allegations of the Worker delegates.

The Government's initiatives for the emergence
of a peaceful, modern and developed nation

6. Before responding to the allegations, the Myanmar authorities wish to point out the sincere endeavours being made by the Government for the perpetuation of the national integrity and sovereignty and for safeguarding the long-term national interests.

7. Myanmar has witnessed in so short a time grisly reverses to the political, economic and social life of the nation just before the present government came to shoulder the responsibility of the State in 1988. It cannot be denied that the State Law and Order Restoration Council Government saved the nation which was on the brink of disintegration.

8. Since then, systematic and prudent steps have been taken to steer the nation to obviate undesirable and harmful consequences. The Government has successfully achieved its goal in the restoration of law and order throughout the country.

9. It may be pointed out that it is the present Government which opened up the country politically and economically. A market-oriented economy has been adopted in place of a centrally planned socialist system. And concrete steps are being taken to implement a multi-party democracy system. Thanks to the efforts of the Government, the market-economic system has now started to flourish in Myanmar and consequently it has induced increasing foreign investments.

10. Realizing the need for a new enduring state constitution which will ensure the emergence of a truly democratic multi-party system, the State Law and Order Restoration Council formed a National Convention Convening Commission. A National Convention is being held to lay down basic principles for the drafting of a new state constitution with the consensus of the participating delegates representing all walks of life, different union nationalities and different ethnic minority groups.

11. With the emergence of the new state constitution, the political and administrative pattern will take a new shape and form within the framework of the multi-party democracy system in the near future. In other words, the present Government is, in actual sense, laying down firm foundations for a new democratic government which will govern Myanmar under the new state constitution.

12. Infelicitously, the sincere steps taken by the Government for the maintenance of law and order have been portrayed in some circles as acts of repression. The development endeavours for all-round development of the nation have also been looked at cynically. It is to be borne in mind that it is the present Government that has opened up the country economically and in a large measure politically.

13. Moreover, it is an undeniable fact that the relentless efforts of the Government have resulted in peace and stability that prevails throughout the length and breadth of the country. National reconsolidation has been restored as a result of negotiations, mutual trust and understanding among the national brethren. These are the significant achievements in our efforts at establishing peace and national unity which will lead to the drafting of a new state constitution.

14. During the tenure of the present Government, the leaders have been taking every necessary measure to build up Myanmar as a peaceful, modern and developed nation. To achieve that goal, clear-cut political, economic and social objectives have been laid down which are to be observed by all walks of life.

The four political objectives are:

• stability of the State, community peace and tranquillity, prevalence of law and order;
• national reconsolidation;
• emergence of a new enduring state constitution;
• building of a new modern developed nation in accord with the new state constitution.

The four economic objectives are:

• development of agriculture as the base and all-round development of other sectors of the economy as well;
• proper evolution of the market-oriented economic system;
• development of the economy inviting participation in terms of technical know-how and investments from sources inside the country and abroad;
• the initiative to shape the national economy must be kept in the hands of the State and the national peoples.

The four social objectives are:

• uplift of the morale and morality of the entire nation;
• uplift of the national prestige and integrity and preservation and safeguarding of cultural heritage and national character;
• uplift of dynamism of patriotic spirit;
• uplift of health, fitness and education standards of the entire nation.

Building infrastructures throughout the nation

15. In order to effectively undertake the tasks of ensuring stability of the State, prevalence of law and order as well as peace and tranquillity of the State and forging national reconsolidation, transportation within the country must be smooth, speedy and secure. This will also facilitate and expedite trading and public transport. It is indeed one of the crucial components in the nation building endeavours.

16. To fulfil this need, railroads and motor roads are being built throughout the country. These development works are aimed not only at regional development but also for all-round development of the nation. The economic and social life of the communities can be improved only when there prevails efficient transportation services.

17. As of today, it has linked 12 states and divisions by means of railroads. Altogether 544.79 miles of railroads have been built during the period of State Law and Order Restoration Council Government. Thanks to these new railroads, the economic, education, health and social conditions of residential people of these areas which have lagged behind in development for several decades are now enjoying unprecedented improvements. These transportation and communication links emerged through the collective efforts of the State, the people and the members of the Myanmar armed forced (Tatmadawmen). People living in the states and divisions are now enjoying the fruits of these collective efforts. There is enough evidence that these rail lines serve the interest of the local populace. There are regions like Zeebya in Pakokku township where travelling other than on foot is impossible during the five-month period of rainy season which can now be travelled by train all the year round. Likewise, most of the sections between Kalemyo and Gangaw which remain isolated during the rainy season because of flood and soggy mud are now accessible by train all year round. Besides, the people can now enjoy the advantage of spending less for travel by train as the fare is much lower than that of bus fare.

18. These are the vivid examples that active participation of people is very important for a nation in the making. From construction of roads, irrigation facilities, schools, hospitals, market places, parks and others to building of new towns and all spheres of construction, the working people and members of the Myanmar armed forces have toiled with vigour and enthusiasm not only for the benefit of a community in a strict sense but for the benefit of the nation as a whole.

A nation has its own significant characteristics

19. Every nation has its own characteristics of special significance and ethos. Traditions and mores of one country may be totally different from another country. Each country has its own historical background and different conditions. These dissimilarities largely stem from history, geography, climate and environment, etc. It is natural that these characteristics play a dominant role in influencing the making of policies and adoption of national goals to be achieved. It is therefore necessary to have an understanding and cognition of the background history, culture and traditions as well as the objective conditions and the attitude of the people of the country concerned. The case relating to Myanmar is no exception. Indeed, the foregoing observations are especially applicable to Myanmar.

Part II. Refutal to the allegations

20. Having set forth the background and facts of the situation prevailing in Myanmar, the authorities now wish to address the allegations made by the Worker delegates and in doing so, the Myanmar authorities wish to place this refutation under three main headings: Public purposes (or) Public sector; Private benefit (or) Private sector; and the law.

A. Public purposes (or) Public sector

(a) Portering

• Since regaining political independence in 1948, Myanmar has seen the emergence of insurrection comprising different political views ranging from Communists to other different ethnic minority groups.
• Since then, successive Myanmar governments have had to deal with these insurgent groups. At one time, there were 16 such armed groups waging terror against the civilian population as well as the Central Government. Fortunately, at present, 15 of 16 such armed groups have returned to the legal fold and are taking part in the economic and social development of the country as a whole as well as in their respective regions.
• Therefore, it is true that under certain circumstances the Myanmar armed forces had to employ porters for transportation of supplies and equipment over difficult terrain in remote places and mountains near the frontier areas where military campaigns against the armed groups were launched. However, it is not true that the porters employed were treated harshly and inhumanely by the Myanmar armed forces.
• It should be emphasized here that the recruitment of these porters were based on certain criteria among which were:

  (a) that they must be unemployed casual labour;
  (b) that they must be physically fit to work as porters;
  (c) that reasonable amount of wages must be fixed and agreed to before recruiting.

• Also, it must be emphasized here that these porters were never required to accompany the troops in actual scene of the battle or neither are they exposed to danger.
• In the unfortunate even of loss of limb unconnected with any armed conflict, they or their family are equitably compensated in accordance with the prevailing law.
• The authorities wish to point out that there was no recruitment of women, children and elderly people as porters at any time.
• The Myanmar armed forces (Tatmadawmen) emerged on the basis of nationalism and patriotism and it is composed of the sons of the union nationals. It is a truly national army governed by the Defence Services Act of 1959 and is administered under a strict Military Code of Conduct. Accordingly, these servicemen are highly disciplined and do not resort to onerous or oppressive actions against the people.
• Any isolated aberration is met with severe punishment meted out by a Military Court. As mentioned in the foregoing, the use of porters has significantly diminished as a result of less military operations against the armed groups.
• With regard to the allegations of the use of porters, the Myanmar authorities have already refuted the allegations made by ICFTU in November 1993 based on article no. 24 of the ILO Constitution.
• Although there have been criticisms made by the Worker delegates in connection with military porterage and forced labour practices in Myanmar, there are also some views and remarks made by some personages in these regards. The excerpts from the press conference given by US Presidential Envoys Ambassador Mr. William Brown and Senior Official of the National Security Council of the White House Mr. Stanley Roth on 15 June 1996 at the Foreign Correspondents' Club of Thailand is appended (see Annex I).

(b) Construction of development and infrastructure projects
by the Government

• Among the development of infrastructure projects undertaken by the SLORC Government are Aungban-Loikaw Railroad construction, Ye-Dawei Railroad, Pathein Airstrip Extension, construction of dams and embankments, etc. In all these above projects, there was no forced labour involved.
• For the construction of the projects and other projects not mentioned above, the use of labour was purely voluntary, and it was remunerated equitably. No coercion whatsoever was involved in recruiting them. Recruitment of this labour was done according to the local recruitment procedures of employment exchanges established by the Department of Labour. There are altogether 78 township level Labour Offices all over the country operating under the Employment and Training Act and Employment Restriction Act.
• With a view to substantiating the above facts, field surveys were sent to the respective areas to verify that the recruitment of labour was done in accordance with the procedure. Detailed statements and photographs of some local people interviewed are annexed (see Annexes IIa-IIg).
• The Government of the Union of Myanmar has taken concrete action regarding the use of civilian labour in infrastructure building and development projects. A further and unprecedented step has been taken in using members of the armed forces (Tatmadawmen) in these projects. There will be no more recruitment and deployment of local populace in any development projects. Tatmadawmen are now taking part in these works to serve for the interests and general well-being of the people in addition to the primary responsibility of defending the country. One concrete example is the recent participation of Tatmadawmen in the railroads construction and other public works in the Mandalay, Magway and Tanintharyi divisions. Photographs of Tatmadawmen at the respective worksides are annexed (see Annex III).
• It may be pointed out here that some prisoners who were convicted of criminal offences such as murder, rape, etc. (common criminals) are sometimes employed in road construction.

(c) Hotel industries in Myanmar

• With a view to promoting the tourist industry the Government has invited foreign investors to build hotels in Myanmar. In response to this invitation investors from Singapore, Thailand, Malaysia, Japan and Hong Kong, etc., have come to Myanmar putting 100 per cent investment in the construction of hotels in Yangon, Mandalay, Bagan, etc. The system adopted is known as BOT (Build, Operate and Transfer).
• These foreign companies which own 100 per cent investment have their own contractors who in turn appoint local subcontractors. It is these local subcontractors who recruit local workers who are skilled, semi-skilled or unskilled labourers. The competition or demand for local workers can be said to be very keen. In other words inducement in the form of high salary or wages is offered by the foreign companies. As such, the question of forced labour does not arise. In addition to that local labour law and procedures see to it that equitable wages and proper conditions of work are observed by the companies. In most cases these subcontractors go through the labour exchanges run by the Department of Labour.
• Although it is the Ministry of Hotel and Tourism which is responsible for the promotion of building hotels in Myanmar, the Ministry plays no part in the employment of the construction workers.
• With regard to the allegation that forced labour was used in the construction of "barracks", it may be stated that accommodations for border policing units in Rakhine State were constructed by private building contractors employing voluntary paid labour (see Annexes IVa-IVb).

B. Private benefit (or) Private sector

Construction of Yadanar natural gas pipeline

• It has been alleged that forced labour is being used for the construction of projects for the development of oil and gas reserves. In particular the Yadanar Gas Pipeline Project has been pointed out as one of these projects. This project is a joint venture between the United States Oil Company (UNOCAL), a French Oil Company (TOTAL) and the Myanmar Oil and Gas Enterprises (MOGE). The allegation that forced labour is being used is totally unfounded.
• Mr. Roger Beach, Chairman and Chief Executive Officer (CEO) of UNOCAL said in an interview conducted by CNN's Patricia Chew that the allegations are "absolutely not true". He went on to say that "We have absolutely no forced labour on this project in Myanmar" and that "there have not been any villages moved since the inception of the project in 1992" and that he was very proud to be a part of UNOCAL and UNOCAL a part of this project.
• Mr. Beach went on to say that it has provided school buildings, health clinics, renovation of hospitals; implemented agricultural and prawn projects, shrimp farms and others to improve the economic life of the region concerned. He said that the project has established communication committees representing the Kayin, Mon and Bama in the villages and that these committees provide facilities for people who wish to work on the project. The full text of this interview is appended (see Annex V).
• In addition to the above, Mr. John Imle, President of UNOCAL said in an interview by Casey White of CNN on 15 January 1997 that among others as far as he knew there was no violation of human rights or abuses with regard to the implementation of the Yadanar Natural Gas Pipeline Project.
• In response to the interviewer's questions that this project would benefit only the SLORC Government, Mr. Imle replied that government revenue from the project will only become positive in the year 2000, 2001, 2002 or 2003. He added that the company has monitored very carefully the conduct of our own contractors and the government in that area. And the allegations of human rights abuses with regard to our project are absolutely unfounded. We monitored that very very carefully. A copy of the manuscript of the interview is appended (see Annex VI).
• Moreover, the Myanmar authorities conducted field observations to some of those areas described in the supplementary evidence. Statements of some workers at the Ye-Dawei railroad construction sites and some employees of the Yadanar Natural Gas Pipeline Project are also appended (see Annexes VIIa-VIIf).

C. The law

• Myanmar authorities wish to report on the action taken by them relating to the Towns Act of 1907 and Village Act of 1908.
• With a view to bringing in line with the current positive changes in the country, the authorities concerned have taken action on the entire national legislation of Myanmar which encompasses a total of more than 900 laws. These laws have been reviewed and redrafted. Among these old laws are the said Towns Act and Village Act which were enacted when Myanmar was under colonial rule.
• It goes without saying that these new laws would be in consonance with the new executive, legislative and judicial systems which will be brought about under a new state constitution.
• The National Convention whose task is to lay down basic principles to be enshrined in the new state constitution has already adopted 104 basic principles. Among these principles is the principle that "The State shall enact necessary laws to protect the rights of the workers".
• The authorities are keenly aware of the critcisms made by some delegates at the Conference over the powers available under Towns and Village Acts. Therefore, in the redrafted version which is being prepared the clauses which attracted so much of the delegates attention have been deleted.

Part III. Conclusion

21. The Myanmar authorities wish to reiterate that they are aware of the critcisms made by some Worker delegates relating to the use of labour in Myanmar for national development projects. In fairness, they wish to point out that a considerable portion of the criticisms relating to Myanmar are unfortunately based on biased and specious allegations made by expatriates living outside Myanmar. These expatriates are people who wish to denigrate the Myanmar authorities for their own ends. The Myanmar authorities had made an effort to answer, in all sincerity, the questions addresssed to them. A sincere, frank and respectful submission has been made in this observation to be placed before the members of the Governing Body. The Myanmar authorities sincerely hope that the members of the Governing Body, including the signatories to the letter addressed to the Director-General of the ILO will, in their wisdom, understand and accept the explanations or refutations made in this observation.

22. The Myanmar authorities earnestly hope that a decision will be made by the members of the Governing Body that there is no need to form a commission of inquiry relating to Myanmar. On their part, the Myanmar authorities give their pledge to continue and further their cooperation to uphold the letter and spirit of the ILO Constitution with the invaluable assistance of the International Labour Office.

Appendix III

Rules for the hearing of witnesses

1. The Commission will hear witnesses proposed by the parties, subject to its right to decline to hear any witness. Where it adopts this course it will state its reasons for so doing. The Commission may call such other witnesses as it considers appropriate.

2. The Commission shall hear all witnesses in closed session. However, it may decide otherwise at the joint request of the parties. All information and evidence presented to the Commission in closed session shall be treated as confidential by all persons who are permitted by the Commission to be present during such session.

3. The Government of Myanmar and the complainants will be requested to designate a representative to act on their behalf before the Commission. These representatives shall be present throughout the hearings and shall be responsible for the presentation of their witnesses. The representatives of the parties shall notify the Commission 48 hours in advance of the language in which the evidence will be given, in order that interpretation may, if needed, be arranged by the Commission.

4. A witness may not be present except when giving evidence.

5. The Commission reserves the right to consult the representatives in the course of, or upon the completion of, the hearings in respect of any matter on which it considers their cooperation to be necessary.

6. The opportunity for the parties and the witnesses to give evidence and to make statements is provided to enable the Commission to obtain factual information on the case before it. The Commission shall give them all reasonable latitude to furnish such information, but it will not accept any information or statements which are not relevant to the issues referred to it.

7. The Commission, upon application by a witness or his/her representative, reserves the right to permit a witness to give evidence or make a statement to the Commission without the need to disclose name, address or information which could identify the witness. Such identifying information of a witness must, however, be provided to the Commission which will treat such information as confidential.

8. In order to carry out its functions effectively, the Commission requires and the Government of Myanmar will assure that it will not obstruct the attendance and giving of evidence of witnesses, and that no sanction or prejudice to witnesses or their families will occur as a consequence of their appearing or giving evidence.

9. The Commission will request each witness to make the following initial declaration:

"I solemnly declare upon my honour and conscience that I will speak the truth, the whole truth and nothing but the truth."

10. Subject to Rule 6, each witness will be given an opportunity to make a statement before being questioned. If a witness reads a statement, six copies of the text shall be supplied to the Commission.

11. (a) All questioning of witnesses will be subject to control by the Commission.

(b) The Commission or any member of the Commission may put question to witnesses at any stage.

(c) Subject to clause (a) above, the representatives present at the hearings may put to the witnesses questions which are relevant to the terms of reference of the Commission. The order in which questions are to be put will be determined by the Commission.

12. The Commission reserves the right to recall witnesses.

Appendix IV

List of documents received by the Commission
following its First Session

		Submitted by	Page
1	Forced labour in Burma (1995-96)	Burma Peace Foundation	0001
2	Reply to the Commission (5 July 1997)	Government of Singapore	2037
3	Images Asia: "No childhood at all" (November-December 1995)	Friends World Committee for Consultation	2038
4	Reply to the Commission (19 July 1997)	Yukong Limited	2039
5	Testimony: European Commission GSP hearings on forced labour in Burma (2 October 1996)	Project Maje	2040
6	Dacoits Inc. (June 1996)	Project Maje	2041
7	Forced-labor logging in Burma (Rainforest relief, June1997)	Project Maje	2042
8	Forced labour on infrastructure development projects in Burma's Tenasserim Division (Mon Information Service, March 1997)	Project Maje	2052
9	ABSDF Report (8 February 1997)	Project Maje	2064
10	RSO Newsletter (15 January 1995)	Project Maje	2065
11	Council Regulation (EC) No. 552/97 (24 March 1997)	European Council	2069
12	Burma: The alternative guide (2nd ed., 1996)	Burma Action Group	2071
13	Burma News (Spring 1997)	Burma Action Group	2099
14	Burma News (Summer 1997)	Burma Action Group	2107
15	KHRG No. 95-01 "SLORC orders to villages: Set 95-A" (5 January 1995)	Karen Human Rights Group	2115
16	KHRG No. 95-13 "Summary of types of forced portering" (11 April 1995)	Karen Human Rights Group	2146
17	KHRG No. 95-14 "SLORC orders to villages: Set 95-B" (1 May 1995)	Karen Human Rights Group	2152
18	KHRG No. 95-15 "SLORC orders to villages: Set 95-C" (2 May 1995)	Karen Human Rights Group	2164
19	KHRG No. 95-17 "SLORC orders to villages: Set 95-D" (22 May 1995)	Karen Human Rights Group	2232
20	KHRG No. 95-22 "SLORC orders to villages: Set 95-E" (2 July 1995)	Karen Human Rights Group	2233
21	The situation of children in Burma (1 May 1996)	Karen Human Rights Group	2271
22	KHRG No. 96-08 "SLORC orders to villages: Set 96-A" (20 February 1996)	Karen Human Rights Group	2272
23	KHRG No. 96-09 "SLORC orders to villages: Set 96-B" (23 February 1996)	Karen Human Rights Group	2273
24	KHRG No. 96-22 "SLORC orders to villages: Set 96-C" (27 May 1996)	Karen Human Rights Group	2274
25	KHRG No. 96-29 "SLORC orders to villages: Set 96-D" (29 July 1996)	Karen Human Rights Group	2275
26	KHRG No. 96-30 "SLORC orders to villages: Set 96-E" (31 July 1996)	Karen Human Rights Group	2276
27	KHRG No. 96-35 "SLORC orders to villages: Set 96-F" (10 December 1996)	Karen Human Rights Group	2277
28	KHRG No. 97-04 "SLORC orders to villages: Set 97-A" (16 March 1997)	Karen Human Rights Group	2337
29	KHRG No. 97-06 "Relocations in the gas pipeline area" (20 April 1997)	Karen Human Rights Group	2365
30	KHRG No. 97-C1 "Commentary" (28 July 1997)	Karen Human Rights Group	2375
31	KHRG No. 97-08 "Abuses and relocations in Pa'an district" (1 August 1997)	Karen Human Rights Group	2389
32	Forced labour in Burma: Submission to the International Labour Organization Commission of Inquiry (7 August 1997)	Karen Human Rights Group	2421
33	Reply to the Commission (6 August 1997)	UNHCR	2433
34	Reply to the Commission (24 July 1997)	Government of Canada	2437
35	Additional information submitted on behalf of complainants (11 August 1997)	ICFTU	2438
36	Burma: SLORC's private slave camp (and executive summary) (June 1995)	ICFTU	2442
37	Commission européenne SPG/4/96 (6 May 1996)	ICFTU	2536
38	Rapport présenté au Comité des préfèrences généralisées	ICFTU	2564
39	Proposal for a Council Regulation (European Council, 8 December 1996)	ICFTU	2580
40	EC Economic and Social Committee "Opinion" (26 February 1997)	ICFTU	2587
41	European Parliament Report (10 March 1997)	ICFTU	2594
42	Forced labour on the Ye-Tavoy railway (MIS, December 1996)	ICFTU	2615
43	The situation of the people living in the gas pipeline project region (Mon Information Service, March 1997)	ICFTU	2645
44	Nowhere to go (Images Asia, April 1997)	ICFTU	2657
45	Forced labour in Burma: An international trade union briefing	ICFTU	2658
46	ICFTU letter to complainants (14 July 1997)	ICFTU	2666
47	Submission to the ILO Commission of Inquiry (see documents 101-104 for attachments, which arrived later under separate cover)	Australian Council for Overseas Aid	2668
48	Reply to the Commission (11 August 1997)	TOTAL	2674
49	English translation of document 48	TOTAL	2681
50	Letter from TOTAL to International Federation of Human Rights (26 November 1996)	TOTAL	2686
51	MGTC compensatory procedures	TOTAL	2695
52	Code of conduct	TOTAL	2703
53	Le Projet Yadana	TOTAL	2706
54	The Yadana Gas Development Project (English version of document 53)	TOTAL	2745
55	Projet Yadana. Voyages de presse	TOTAL	2784
56	Reply to the commission (31 July 1997)	Government of Sri Lanka	2840
57	Letter from US Department of State to the ILO Director-General (16 July 1997)	Government of United States	2841
58	Federal register notice of Department of Labor (DOL) hearings on forced labor in Burma	Government of United States	2844
59	Transcript of DOL hearings	Government of United States	2845
60	Written opening statement of Andrew J. Samet (DOL)	Government of United States	2945
61	Written testimony of Bo Hla-Tint (NCGUB)	Government of United States	2946
62	Written testimony of Win Naing (FTUB)	Government of United States	2950
63	Written testimony of Phil Fishman (American Federation of Labor-Congress of Industrial Organizations)	Government of United States	2955
64	Written testimony of Amnesty International	Government of United States	2957
65	Written testimony of Mike Jendrzejczyk (Human Rights Watch)	Government of United States	2964
66	Written testimony of the International Labor Rights Fund	Government of United States	2982
67	Written testimony of EarthRights International	Government of United States	3015
68	Documents in litigation against Unocal	Government of United States	3059
69	Written submission of Dana Dean Doering, Child and Adolescent Mental Health Specialist	Government of United States	3241
70	Submission for the hearing record submitted by Unocal	Government of United States	3263
71	Submission by Ernest Z. Bower, US-ASEAN Business Council	Government of United States	3311
72	Forced labor in Chinland (Chin National Council)	Government of United States	3315
73	Forced labour (NCGUB)	Government of United States	3327
74	Child labor (NCGUB)	Government of United States	3361
75	No childhood at all (Images Asia)	Government of United States	3371
76	TOTAL denial (Earth Rights International & Southeast Asian Information Network, July 1996)	Government of United States	3372
77	Report the facts (Karen National Union, Mergui-Tavoy District)	Government of United States	3482
78	French TOTAL Co's and American Unocal Corp's Disastrous Gas Pipeline Project (Mon Information Service)	Government of United States	3483
79	Conditions in the gas pipeline area (KHRG)	Government of United States	3484
80	Forced labour in Mon areas (KHRG)	Government of United States	3485
81	Effects of the Gas Pipeline Project (KHRG)	Government of United States	3486
82	The situation of children in Burma (KHRG)	Government of United States	3487
83	Endless nightmares in the black area (Mon Information Service)	Government of United States	3488
84	(Video) Excerpts from "No childhood at all" (Images Asia)	Government of United States
85	Reply to the Commission (13 August 1997)	Amnesty International	3489
86	Extrajudicial execution and torture of members of ethnic minorities (May 1988)	Amnesty International	3494
87	Allegations of ill-treatment and unlawful killings of suspected political opponents and porters ... (September 1988)	Amnesty International	3574
88	Continued killings and ill-treatment of minority peoples (August 1991)	Amnesty International	3582
89	Human rights violations against Muslims in the Rakhine (Arakan) State (May 1992)	Amnesty International	3598
90	"No law at all" (October 1992)	Amnesty International	3628
91	The climate of fear continues (October 1993)	Amnesty International	3674
92	Human rights developments (July-December 1993)	Amnesty International	3704
93	Human rights still denied (November 1994)	Amnesty International	3726
94	"No place to hide" (June 1995)	Amnesty International	3756
95	Conditions in prisons and labour camps (September 1995)	Amnesty International	3800
96	Human rights after seven years of military rule (October 1995)	Amnesty International	3812
97	Kayin (Karen) State: The killings continue (April 1996)	Amnesty International	3848
98	Beautiful country, brutalised people (1996)	Amnesty International	3870
99	Ethnic minority rights under attack (July 1997)	Amnesty International	3878
100	Burmese Muslim asylum seekers fleeing to Bangladesh could face forced labour and other hardships if returned (July 1997)	Amnesty International	3904
101	Excerpt from US Embassy "Country commercial guide -- Burma" (July 1996)	Australian Council for Overseas Aid	3905
102	Holidays in Burma? (1996)	Australian Council for Overseas Aid	3912
103	Slave labour in Burma (May 1996)	Australian Council for Overseas Aid	3920
104	11 b&w transparencies, allegedly showing forced labour	Australian Council for Overseas Aid	3921
105	Reply to the Commission (15 August 1997)	Government of New Zealand	3932
106	Presentation of the Burma Centrum Nederland to the Commission	Burma Centrum Nederland	3933
107	Extracts from "Rape, forced labor and religious persecution in Northern Arakan" (Human Rights Watch, May 1992)	Burma Centrum Nederland	3939
108	"UN helps return Burmese to forced labor" (The Gazette, Montreal, 29 December 1994)	Burma Centrum Nederland	3945
109	MSF's concerns on the repatriation of Rohingya refugees from Bangladesh to Burma (May 1995)	Burma Centrum Nederland	3946
110	UNHCR information bulletin (June 1995)	Burma Centrum Nederland	3953
111	The situation in northwestern Burma (KHRG No. 96-06)	Burma Centrum Nederland	3963
112	Extracts from "Repatriation of Burmese refugees from Thailand and Bangladesh" (Australian Council for Overseas Aid, March 1996)	Burma Centrum Nederland	3976
113	UNHCR mission report, Myanmar (27 February-28 March 1996)	Burma Centrum Nederland	3979
114	Article published in "The Mustard Seed" (Zunetta Liddell, May 1996)	Burma Centrum Nederland	3986
115	Burma Centrum Nederland News (May 1996)	Burma Centrum Nederland	3989
116	New Burmese refugees pose dilemma for UN agency ... (Reuters, June 1996)	Burma Centrum Nederland	3990
117	Extract from "Voluntary repatriation and reintegration: Bangladesh/Myanmar" (UNHCR, September 1996)	Burma Centrum Nederland	3992
118	Extract from "The Rohingya Muslims: Ending a cycle of exodus?" (Human Rights Watch, September 1996)	Burma Centrum Nederland	3994
119	Portering and forced labour (Amnesty International, September 1996)	Burma Centrum Nederland	3997
120	Update on the Rohingya situation in Bangladesh and Burma (Human Rights Watch, October 1996)	Burma Centrum Nederland	4000
121	Burmese Muslims allege torture and forced labor in Myanmar (United States Information Agency, July 1997)	Burma Centrum Nederland	4001
122	Burmese refugees (Voice of America, July 1997)	Burma Centrum Nederland	4002
123	Burmese Muslim asylum-seekers fleeing to Bangladesh (Amnesty, July 1997)	Burma Centrum Nederland	4004
124	Forced labour in Arakan (Rakhine) State (August 1997)	Burma Centrum Nederland	4005
125	Nowhere to go (April 1997)	Images Asia	4008
126	The situation for Muslims in Burma (May 1997)	Images Asia	4027
127	No childhood at all (revised ed., June 1997)	Images Asia	4140
128	Migrating with hope (July 1997)	Images Asia	4224
129	Transcript of Daw Aung San Suu Kyi's address to the EU GSP hearings	Images Asia	4282
130	Miscellaneous copies of SLORC orders obtained by Images Asia (1992-97)	Images Asia	4286
131	(Video) No childhood at all	Images Asia
132	(Video) Caught in the crossfire	Images Asia
133	(Video) Daw Aung San Suu Kyi's video address to the EU GSP hearings	Images Asia
134	Forced labour (Chin Human Rights Organisation)	Images Asia	4335
135	Refugee Case No. 1 (Chin Human Rights Organisation)	Images Asia	4343
136	The Chin refugee conditions in India (Chin Refugee Committee, April 1997)	Images Asia	4350
137	Forced relocation and human rights abuses in Karenni State, Burma (ABSDF, May 1997)	Images Asia	4385
138	Forced labour on infrastructure development projects in Burma's Tenasserim division (Mon Information Service, March 1997)	Images Asia	4419
139	Life in the country (Mon Information Service, July 1997)	Images Asia	4420
140	Forced portering after NMSP-SLORC ceasefire agreement (Human Rights Foundation of Monland, September 1996)	Images Asia	4478
141	Human rights abuses related to TOTAL Co. and UNOCAL's Gas Pipeline Project (Human Rights Foundation of Monland, November 1996)	Images Asia	4496
142	The forced relocation in the southern part of Burma and accompanying human rights abuses (Human Rights Foundation of Monland, December 1996)	Images Asia	4514
143	Interviews with Shan refugees (Shan Human Rights Foundation, July 1996)	Images Asia	4533
144	Interviews with Shan refugees (Shan Human Rights Foundation, August 1996)	Images Asia	4535
145	Monthly reports, (Shan Human Rights Foundation, January-May and July 1997)	Images Asia	4539
146	Shan refugee updates, (Shan Human Rights Foundation, May and July 1997)	Images Asia	4589
147	Uprooting the Shan (Shan Human Rights Foundation, December 1996)	Images Asia	4601
148	Lahu, Wa and Palaung Human Rights Committee Report on Forced Labour (June 1997)	Images Asia	4679
149	Written testimony of Mike Jendrzejczyk (Human Rights Watch)	Human Rights Watch/Asia	4680
150	No safety in Burma, no sanctuary in Thailand (July 1997)	Human Rights Watch/Asia	4681
151	Transcripts of five interviews conducted in June 1997	Human Rights Watch/Asia	4711
152	Reply to the Commission (18 August 1997)	Government of Malaysia	4727
153	Ethnic groups in Burma (1994)	Anti-Slavery International	4728
154	Forced labour in Burma: Additional documents 1996-97	Burma Peace Foundation	4802
155	Photocopy picture descriptions: Set 94-B (KHRG, September 1994)	Burma Peace Foundation	5448
156	Photo description list: Set 95-A (KHRG, May 1995)	Burma Peace Foundation	5496
157	Photo description list: Set 96-A (KHRG, February 1996)	Burma Peace Foundation	5529
158	Miscellaneous photos with description (KHRG)	Burma Peace Foundation	5567
159	Reply to the Commission (27 August 1997)	Government of India	5576
160	La Birmanie, TOTAL et les droits de l'Homme: dissection d'un chantier (English version contained in document 154, pp. 4962-4997)	International Federation of Human Rights	5577
161	Reply to the Commission (28 August 1997)	Burma Issues	5631
162	Forced labor in Burma: The Yadana Gas Pipeline Project	EarthRights International	5632
163	Forced labor in Burma: The Ye-Tavoy railway	EarthRights International	5633

Appendix V

List of documents received by the Commission
following its Second Session

		Submitted by	Page
164	Human Rights Yearbook 1996, Burma (Human Rights Documentation Unit of NCGUB, July 1997)	Submitted following the hearings by the ICFTU	7606
165	Communication from TOTAL (23 December 1997)	TOTAL	8277
166	Communication from TOTAL (4 March 1998), with report on pipeline area by Commission for Justice and Peace	TOTAL	8280
167	All quiet on the western front? (February 1998)	Images Asia	8288
168	Atrocities in the Shan State (Amnesty International, 15 April 1998)	Burma Peace Foundation	8380
169	KHRG No. 98-02 "SLORC orders to villages: Set 98-A" (1 March 1998)	Karen Human Rights Group	8404
170	Wholesale destruction: The SLORC/SPDC campaign to obliterate all hill villages in Papun and Eastern Nyaunglebin district (April 1998)	Karen Human Rights Group	8436
171	KHRG No. 98-C1 "Commentary" (19 April 1998)	Karen Human Rights Group	8508
172	Human rights in rural Burma (30 April 1998)	Karen Human Rights Group	8530
173	School for rape (February 1998)	EarthRights International	8536
174	KHRG No. 98-03 "Killing the Shan" (23 May 1998)	Karen Human Rights Group	8598
175	KHRG No. 98-04 "Attacks on Karen Refugee Camps" (29 May 1998)	Karen Human Rights Group	8657
176	Documents and video tapes	Permanent Mission of Myanmar	8706

Appendix VI

List of documents received in the course of the hearings

		Submitted by	Page
H1	The announcement of State Peace and Development Council's notifications (and other related documents) (15 November 1997)	Edith Mirante (Project Maje)	5652
H2	A Chin compendium (Project Maje, September 1997)	Edith Mirante (Project Maje)	5665
H3	Extrajudicial execution, torture and political imprisonment of members of the Shan and other ethnic minorities (Amnesty International, August 1988)	Donna Guest (Amnesty International)	5699
H4	Human rights violations against ethnic minorities (Amnesty International, August 1996)	Donna Guest (Amnesty International)	5729
H5	Rohingyas -- The search for safety (Amnesty International, September 1997)	Donna Guest (Amnesty International)	5747
H6	SLORC orders (1997) (originals seen by Commission, and photocopies and translations certified as correct)	Min Lwin	5767
H7	Submission to the ILO Commission of Inquiry (Human Rights Watch/Asia, November 1997)	Zunetta Liddell (Human Rights Watch/Asia)	5795
H8	No safety in Burma, no sanctuary in Thailand (Human Rights Watch/Asia, July 1997)	Zunetta Liddell (Human Rights Watch/Asia)	5811
H9	Burma Acts VI and III of 1907	Zunetta Liddell (Human Rights Watch/Asia)	5841
H10	The Burma Village Act 1907 and Executive Orders	Zunetta Liddell (Human Rights Watch/Asia)	5855
H11	All quiet on the western front? (Images Asia, November 1997)	Representative of Images Asia	5876
H12	Maps to accompany H11 (Images Asia, November 1997)	Representative of Images Asia	5926
H13	Foreign economic trends report: Burma, 1997 (US Embassy, Rangoon)	Douglas Steele	5929
H14	Forced labor acknowledged by the regime in Burma (November 1997)	Douglas Steele	6084
H15	Video, with independent translation of the relevant part, and written extract from Dutch television archives identifying the video material (5 June 1996)	Representative of Burma Centrum Nederland	6187
H16	Map of Myanmar indicating pipeline route and alternative	Douglas Steele	6189
H17	IGN map of pipeline area	Douglas Steele	6190
H18	Joint operations map of Ye-Tavoy area	Douglas Steele	6191
H19	Payment of money to villagers hired by the army, with effect from 2/12/95 to 17/1/96	Douglas Steele	6192
H20	Testimony of Terry Collingsworth, with appendices (November 1997)	Terry Collingsworth (International Labor Rights Fund)	6193
H21	KHRG No. 97-10 "SLORC orders to villages: Set 97-B" (KHRG, 14 September 1997)	Kevin Heppner (Karen Human Rights Group)	6349
H22	KHRG No. 97-C2 "Commentary" (KHRG, 20 September 1997)	Kevin Heppner (Karen Human Rights Group)	6373
H23	KHRG No. 97-11 "Clampdown in southern Dooplaya" (KHRG, 18 September 1997)	Kevin Heppner (Karen Human Rights Group)	6383
H24	KHRG No. 97-09 "Free-fire zones in southern Tenasserim", with annex (KHRG, 20 August 1997)	Kevin Heppner (Karen Human Rights Group)	6409
H25	SLORC orders to villages: Set 94-D (KHRG, 24 August 1994)	Kevin Heppner (Karen Human Rights Group)	6493
H26	Letter from TOTAL Exploration Production to International Federation of Human Rights (26 November 1996)	Christine Habbard	6517
H27	Letter from International Federation of Human Rights to TOTAL Exploration Production (24 December 1996)	Christine Habbard	6526
H28	Letter from TOTAL to International Federation of Human Rights (28 July 1997)	Christine Habbard	6529
H29	Extracts from International Federation of Human Rights newsletter "La Lettre" (May-June 1997)	Christine Habbard	6532
H30	Annex A to "Yadana Project": Population characteristics and village questionnaires (TOTAL)	Christine Habbard	6536
H31	Extract from "Telerama" (5 March 1997)	Christine Habbard	6571
H32	Extract from "DS" (December 1997-January 1998)	Christine Habbard	6577