Appendix VIII

List of documents received in the course
of the visit to the region
 

		Submitted by	Page
M1	A report of the influx of Arakanese refugees into Mizoram State of India (13 August 1997)	Committee for Arakanese Refugees Relief and Welfare	6579
M2	Report on human rights violations in Arakan (Arakanese Students Congress, 13 March 1995)	Committee for Arakanese Refugees Relief and Welfare	6603
M3	List of the Arakanese refugees of 1995 at Parava Camp in Mizoram State of India (no source indicated)	Committee for Arakanese Refugees Relief and Welfare	6623
M4	List of the Arakanese refuges of 1993 and 1994 in Mizoram State of India (no source indicated)	Committee for Arakanese Refugees Relief and Welfare	6633
M5	"Arakanese students hold rally" (National Herald newspaper, 14 August 1995)	Committee for Arakanese Refugees Relief and Welfare	6645
M6	Brief account of forced labour on Arakanese (Rakhine) people from Arakan State (present Burma)	Committee for Arakanese Refugees Relief and Welfare	6646
M7	Statement by Kyaw Thein Maung, Arakan League for Democracy (ALD exile), Delhi office-in-charge	Kyaw Thein Maung	6648
M8	"Victims of eco-politics" (Ne Sun newspaper, 1 April 1996)	Kyaw Thein Maung	6649
M9	Chin refugee conditions in India (compiled by Salai Sang Zel, April 1997)	Henri Val Theng	6650
M10	Photographs with captions	Salai Sang Zel	6806
M11	Map showing road between Haka and Than Tlang	Salai Sang Zel	6811
M12	Interview with Mr. Chi Nan (9 January 1998)	Salai Sang Zel	6812
M13	Article from Zo-En newspaper (in Mizo language) (8 July 1997)	Salai Sang Zel	6814
M14	Phuntungtu News Bulletin (18 August 1997)	Salai Sang Zel	6815
M15	Phuntungtu News Bulletin, (19 December 1997)	Salai Sang Zel	6818
M16	Phuntungtu (1 November 1997 (in Chin)) with English translation	Salai Sang Zel	6820
M17	"The death of Tial Cung" (August 1997) and attached documents	Salai Sang Zel	6846
M18	Photos of refugees in Mizoram (1996-97)	Salai Sang Zel	6850
M19	Photos and statement of the Arakanese Refugees Relief and Welfare Committee (13 December 1997)	Committee for Arakanese Refugees Relief and Welfare	6851
M20	Protection to refugees: Case of Rohingya women (Oxfam, 29 December 1997)	Zulfiquar Ali Haider	6852
M21	Rohingya refugee programme health report (December 1997, MSF-H)	(source confidential)	6865
M22	MSF-H in Bangladesh	(source confidential)	6867
M23	Refugee camps-Cox's Bazar-Teknaf-Bandarban districts, Bangladesh	UNHCR	6869
M24	UNHCR map -- Location of the camps for remaining Myanmarese refugees in Bangladesh	UNHCR	6870
M25	Communication dated 1 February 1998 given by an unidentified person in Kutupalong refugee camp, addressed to UNHCR, Geneva	Anonymous source	6871
M26	Communication dated 9 January 1998 given by an unidentified person in Kutupalong refugee camp, addressed to UNHCR, Geneva	Anonymous source	6872
M27	Communication dated 30 January 1998 given by an unidentified person in Kutupalong refugee camp, addressed to UNHCR, Geneva	Anonymous source	6874
M28	SLORC order to provide labour (in Burmese) (original sighted, this document is a true photocopy)	Anonymous source	6876
M29	UNHCR map giving an overview of northern Arakan State with main towns	UNHCR	6878
M30	Communication dated 31 January 1998 given by an unidentified person in Nayapara refugee camp, addressed "to whom it may concern"	Anonymous source	6879
M31	Communication dated 27 January 1998 given by an unidentified person in Nayapara refugee camp, addressed to the Organization of Islamic Countries	Anonymous source	6885
M32	Refugee Relief Programme report for the period January-June 1997 (August 1997)	Burmese Border Consortium	6888
M33	Burmese border camp locations with population figures (December 1997)	Burmese Border Consortium	6948
M34	Forced labor practice by the SPDC in 1997	Human Rights Documentation Unit	6949
M35	Terror in the South: Militarisation, economics and human rights in southern Burma (ABSDF, November 1997)	Human Rights Documentation Unit	6967
M36	Briefing notes on the refugee camps in Thailand (general, and Karenni State)	Images Asia	7017
M37	Exodus: An update on the current situation in Karenni (compiled by Green November 32, for various sources, 18 August 1996)	Images Asia	7020
M38	Document in Burmese ("Violations of human rights") (KNPP, January 1998)	Witness 99	7081
M39	Karenni song (Burmese and Karenni versions) (song sung by Karenni workers doing forced labour, in Karenni language so that the soldiers will not understand)	Witness 99	7084
M40	Independence and self-determination of the Karenni States (Karenni National Revolutionary Council, 18 December 1974; 9 January 1997 reprint by Karenni Government)	Oo Reh	7086
M41	Briefing notes on the refugee camps in Thailand, Shan State	Images Asia	7166
M42	Forced labour briefing notes -- Karen areas (10 February 1998)	Karen Human Rights Group	7167
M43	Mae Tao Clinic annual report 1997 (1 January 1998)	Mae Tao Clinic	7177
M44	Dr. Cynthia's clinic and primary health care on the Thai-Burma border	Mae Tao Clinic	7186
M45	The rape of the rural poor (Karen National Union, Mergui-Tavoy District, July 1995)	Graham Mortimer	7188
M46	Development and the cry of people (Karen National Union, Mergui-Tavoy District, December 1994)	Graham Mortimer	7242
M47	Map of Mergui-Tavoy district	Graham Mortimer	7284
M48	Map: "Displacement of population in Mergui Tavoy district"	Graham Mortimer	7285
M49	KHRG No. 98-01 "Wholesale destruction" (15 February 1998) and KHRG No. 98-41 "Information update" (25 February 1998)	Karen Human Rights Group	7286
M50	SLORC/SPDC orders to villages in Pa'an district (Burmese originals with draft translations)	Karen Human Rights Group	7354
M51	Annotated map of Moulmein and briefing note regarding some forced labour projects in Karen State (Royal Thai Survey Dept. map, 1984, with annotations)	Min Lwin	7400
M52	Map of Moulmein (Royal Thai Survey Dept. map, 1984)	Min Lwin	7401
M53	Map of Amphoe Li (Royal Thai Survey Dept. map, 1986)	Min Lwin	7402
M54	Human rights practice in Burma (Human Rights Documentation Unit, 1997)	NCGUB	7403
M55	Address of U Tin U, Chairman of the Central Legal Committee of the National League for Democracy	NCGUB	7409
M56	SLORC continues ruthless atrocities (January 1998)	Mon Information Service	7417
M57	Briefing note on the situation in Tenasserim division	Mon Information Service	7432
M58	Map of Tenasserim division	Mon Information Service	7433
M59	Documents (in Burmese) on forced labour	Yoma 3 Information Group	7434
M60	Burma Issues statement of purpose	Burma Issues	7452
M61	The new eye 1997	Burma Issues	7460
M62	The 1997 offensives: Suffering and struggle for identity and justice of the ethnic Karen in Burma (Moe K. Tun, Burma Issues, 1997)	Burma Issues	7550
M63	Burmese workers in Mahachai Samut Sakhorn Province, Thailand (9 February 1998)	Thai Action Committee for Democracy in Burma	7588
M64	Exploitation of Burmese migrant workers by their brokers and agents in Mahachai (12 June 1997)	Thai Action Committee for Democracy in Burma	7591
M65	A report on the situation at Mahachai police station, Samut Sakhorn Province, Thailand (May 1997)	Thai Action Committee for Democracy in Burma	7595
M66	Implementation of community-based rehabilitation (Mahachai pilot project area)	Karen Solidarity Organisation	7598

Appendix IX

Maps of Myanmar

Appendix X

Names, foreign terms and acronyms
 

Names
	Common variations
Ayeyarwady	Irrawaddy
Azin	Saw Hta
Bagan	Pagan
Bago	Pegu
Dawei	Tavoy
Hinthada	Henzada
Kalaymyo	Kalay, Kale(myo)
Kayah	Karenni
Kayin	Karen
Kengtung	Kyaing Tong
Langkho	Langkher
Magway	Magwe
Maungdaw	Sinchaingbyin
Mawlamyine	Moulmein
Mottama	Martaban
Mrauk-U	Mrohaung
Myaing Gyi Ngu	Khaw Taw
Myeik	Mergui, Beik
Nabu	T'Nay Cha
Nam Wok	Mong Kwan
Nyaungdone	Yandoon
Pathein	Bassein
Pyapon	Phapon
Pyay	Prome, Pyi
Pyin Oo Lwin	Maymyo
Pyingyi	Pingyi
Rakhine	Arakan
Sittaung	Sittang
Sittway	Akyab, Sittwe
Tanintharyi	Tenasserim
Taunggok	Taungup
Twantay	Twante
Way Sha	Kweshan
Yangon	Rangoon
Yatsauk	Lawksawk

Foreign terms
Baht	Thai currency (the exchange rate in July 1998 was approximately 40 baht to 1 US dollar)
Hankaw	Tiffin-carrier (small trays stacked one on top of the other, with a handle on top)
KaLaYa	Infantry battalion (IB)
KaMaYa	Light infantry battalion (LIB)
Khani	Unit of area (used particularly by Rohingyas): 8 khani is equal to approximately 3 acres (1.2 hectares)
Kyat	Myanmar currency (the exchange rate in July 1998 was approximately 300 kyat to 1 US dollar; a typical day's labour wage was around 100 kyat per day, the price of 1 kg of poor-quality rice)
Kyin	Unit of volume (100 cubic feet)
Longyi	Sarong (worn by men and women)
Lone Htein	Riot police
NaSaKa	Border security force
Tatmadaw	Myanmar armed forces

Acronyms
ABSDF	All Burma Students Democratic Front
BSPP	Burma Socialist Program Party
CNF	Chin National Front
DKBA	Democratic Kayin Buddhist Army
FTUB	Federation of Trade Unions of Burma
HRDU	Human Rights Documentation Unit of the NCGUB
ICFTU	International Confederation of Free Trade Unions
KHRG	Karen Human Rights Group
KNU	Karen National Union
LORC	Law and Order Restoration Council
NCGUB	National Coalition Government of the Union of Burma
NMSP	New Mon State Party
PDC	Peace and Development Council
RSO	Rohingya Solidarity Organisation
SLORC	State Law and Order Restoration Council
SPDC	State Peace and Development Council
TLORC	Township LORC
VLORC	Village-tract LORC

Appendix XI

Samples of orders received by the Commission

The translations which appear in this appendix are unofficial translations made by the Commission's secretariat from the original Burmese texts of the orders which were provided to it. In the course of the hearings held during the Second Session in Geneva, the originals of these orders were seen by the Commission and the photocopies previously submitted were verified to be true copies. See the statement made in this regard in the stenographic record of the thirteenth sitting, 26 November 1997, page 1.

Order 1. [A copy of the original Burmese order can be found at 001-1913 (Order No. 42).]

[STAMP] LIB 310, Intelligence

To: [...] village

Chairperson

1. Dear headman, for the report to No. 310 Light Infantry Battalion, Column 2, you must deliver the following list to Column 2 as soon as you can but at the latest 3 December [1995]:

1. Village name
2. Total number of houses
3. [Number of] people aged under 12 (male/female)
4. [Number of] people aged 12 and above (male/female)
5. [Number of] schools: high, middle, primary
6. [Number of] teachers (male/female); total students (male/female)
7. Total [number of] monasteries; abbot and other members
8. Total number of buffaloes and cows
9. Acreage of paddy fields
10. Total number of oxcarts and boats
11. Total [number of] ricemills, sawmills, oil presses, generators
12. Total number of video machines and televisions.

2. We inform you that the Village-tract LORC Chairperson or Secretary must come and deliver himself the above list without fail.

Note: You must send it by the given date without fail.

(Signed) Column Commander,
LIB 310.

Order 2. [A copy of the original Burmese order can be found at 001-1915 (Order No. 44).]

[STAMP] IB 231, Column 2

3.9.94

To: [...] village

Monastery layman-in-charge/village head

Village leaders, as soon as [you] get this letter, [you] must send 2 people to serve [in our camp] as promised. Moreover, you must send 2 more people to take over from the previous ones and you must also send back 2 people who ran away and did not finish their duty. The fact that they went back [to the village] is your responsibility and we consider that you did not fulfil your duty.

The operation column warns you that if [these people] take the opportunity to leave when the column is not around, we will not take any responsibility [for what happens]. Should this happen in the future, we will take action and you will be charged with disturbing and causing delay to our military operations.

You have to take action to find those 2 undutiful servants, and inform us when you have done so.

You must send them quickly to Column [...].

(Signed) 3.4.94
Column Office.

Order 3. [A copy of the original Burmese order can be found at 001-1933 (Order No. 6).]

To: Headman and members

1. This is the final letter.
2. This evening, 31-7-95, 22 voluntary labourers from [...] village must come without fail.
3. One of the village leaders must bring them himself.
4. If you fail to come, we will not take any responsibility for [...] village. Headman, you yourself must come and solve this problem at Ye Tho Gyi army camp.

[STAMP] Infantry Battalion 48

(Signed) Company Commander.

Order 4. [A copy of the original Burmese order can be found at 001-2015 (Order No. 19).]

[STAMP] Infantry Battalion 231, Column 1

To: Village headwoman

[...] village

Subject: Invitation for a meeting

This is the last invitation, because we have invited you, headwoman, many times to discuss general matters. If you do not come, you will be at fault, and then don't think the army is bullying you [sc. when you are punished]. If no one comes, action will be taken. If nobody comes this time, [you] will be destroyed by an artillery attack. If you come, you must arrive on the 3rd waxing of Nadaw [5 December 1994]. If you do not come a large [artillery shell] will be sent. One person from each family must come to the meeting without fail.

You are informed to bring one basket of rice and 2 viss [3.2 kg] of chicken from [...] village.

(Signed) Warrant Officer Htun Win,
Frontline IB231,
Daw Pa Lan Camp.

Order 5. [A copy of the original Burmese order can be found at 028-2352 (Order No. 2).]

Township Law and Order Restoration Council
Thantlang
Ref. [...]
Date: 24 April 1996

To: Person responsible
Ward/Village-tract Law and Order Restoration Council
[...] ward/village

Subject: Regarding widening the motor road by 20 feet

 

Reference:

Letter [...] from this office dated 18/1/96 Letter [...] from this office dated 26/2/96 Letter [...] from this office dated 29/2/96 Letter [...] from this office dated 4/4/96

1. In accordance with the resolution of the meeting which was attended by members of the Township Law and Order Restoration Council, department heads and all those in charge from the villages, the work assignments to widen the road by 20 feet between Thantlang and Haka shall be completed during April 1996. You have already been informed that we will take serious action against any village which cannot finish its assignment. This has been frequently acknowledged by letter and by spoken communication.

2. However, we note that as of today, 24/4/96, you have not yet started. This assignment is a national duty and is also regional development. We have already given you enough time to do it. Furthermore, the Township Law and Order Restoration Council assisted as much as we could towards all of your needs. If you give any reason, such as that you came late and could not fulfil your assignment building the motor road, we will not accept it.

3. We hereby inform you to complete the building of the road in April using all villagers necessary from your village. Anyone who refuses to come to build the road shall be punished according to the law, and you should inform this office. We hereby inform you again to report to the Township Law and Order Restoration Council when you go to build the road. We hereby inform any villages which cannot come to do [the work] by 26/4/96 that all members of the Village Law and Order Restoration Council must come and meet with the Chairperson of the Township Law and Order Restoration Council on 30/4/96 at 10 am without fail.

(Signed) Tin Aung,
Chairperson.

Copy to:

• Township engineer, public works department, Thantlang; assign a place when [the villagers] come to report to Thantlang
• Township health department, Thantlang; take responsibility for health care
• Office copy
• Receipt

Order 6. [A copy of the original Burmese order can be found at 018-2189 (Order No. 2).]

[STAMP] Frontline LIB 406, Column 1 Headquarters

Frontline Light Infantry Battalion 406
Natkyizin Camp
Ref. No. [...]
Date: 4 November 1994

To: Chairperson
Village Law and Order Restoration Council
[...] village

Subject: Call for the village head and labourers.

1. Regarding the above subject, we already called many times for the headman of [...] village and 25 villagers for railway labour to come to Natkyizin camp.

2. Therefore, as soon as you receive this letter the headman and 25 people, along with rations and necessary equipment, must come without fail.

3. Along with this letter we are sending some presents for the [village] chairperson and secretary. If you get these presents, come here with them quickly. If you fail to come, see what kind of present we will come and give the village headman.

(Signed) (for) Column Commander,
Natkyizin Camp.

[The source which provided this order indicated that the "presents" mentioned in the text of the order and enclosed with it were two bullets.]

Order 7. [A copy of the original Burmese order can be found at 018-2190 (Order No. 3).]

[STAMP] Frontline LIB 406, Column 1 Headquarters

94 Nov. 09 - 0900
(9-11-94)

To: Chairperson/Secretary

([...] village)

[We] have to have a discussion with the [village] chairperson and secretary. Therefore, come personally to Natkyizin camp. [We] give you your last chance to come without fail on 15-11-94. If you really work on behalf of the village people, you must come without fail. If you fail, it will be your responsibility.

If you don't come because you are afraid of Mon rebels, we the Army must show you that we are worse than Mon rebels.

(Signed) (for) Column Commander,
Natkyizin Camp.

Order 8. [A copy of the original Burmese order can be found at 027-2317 (Order No. 24).]

[STAMP] Infantry Battalion 62 [rest illegible] Date: 11-3-96

To: Chairperson
[...] village

As soon as you receive this letter, come and meet at Chaung Wa village. I warn you that if you make excuses and fail to come, violent action will be taken against you.

(Signed) Intelligence Sergeant,
Infantry Battalion 62.

Order 9. [A copy of the original Burmese order can be found at 028-2361 (Order No. 11).]

Township Law and Order Restoration Council
Thantlang
Ref. No. [...]
Date: 2 September 1995

To: Chairperson/Secretary/In-Charge
Village-tract Law and Order Restoration Council
[...] town/village

Subject: To set up People's Militia and send their names quickly

1. It has been learned that some villages of Thantlang township have not formed People's Militia. For those villages which have not yet set up People's Militia, they must set up 5 full-time members and 10 reserve members from villages which have under 50 households. From villages which have over 50 households, the strength will be 10 full-time members and 25 reserve members. Set it up quickly and fill out the list completely as shown below. We inform you to do this and send it to our group without fail.

2. If you fail to send this [we] will take decisive action.

People's Militia

Serial No. Name Age ID Card No. Village Name Full-time Reserve Remarks

(Signed) (for) Chairperson,
Kyin Za Pone, Secretary.

Copy to: Receipt/Office

Order 10. [A copy of the original Burmese order can be found at 028-2362 (Order No. 12).]

Township Law and Order Restoration Council
Thantlang
Ref. No. [...]
Date: 5 April 1996

To: Chairperson/In-Charge
Ward/Village-tract Law and Order Restoration Council
[...] town/village

Subject: People's Militia recruit training

Reference: IB 266 letter dated [...] March 1996, Ref. No. [...]

1. As per the above reference, the full-time members of the People's Militia from your village will be given combat training in the warfare course from 22/4/96 to 27/4/96. Therefore, 5 full-time people from villages of under 50 households and 10 full-time people from villages of over 50 households must be brought to the Township LORC office by the village-tract secretaries by the deadline of 20/4/96, absolutely without fail.

2. The chairpersons of the village-tracts and the leaders of the People's Militia groups must come to this office for preliminary discussions on 12/4/96 at 10 am, without fail.

3. We inform all concerned leaders from wards and villages when they come to this office for the meeting on 12/4/96 to bring along the People's Militia list including names, dates of birth, ages, National Identification Card numbers, father's names and village names.

(Signed) Tin Aung,
Chairperson.

Copy to: Receipt/Office

Order 11. [A copy of the original Burmese order can be found at H25-6512 (Order No. 12).]

[STAMP] "Precisely, correctly and quickly"

Township Law and Order Restoration Council
Kya In Seik Gyi
Letter No. [...]
Date: 10 March 1994

To: Chairperson/Village head
Ward/Village Law and Order Restoration Council
Kay In Seik Gyi township

Subject: Prohibiting bullock carts on motor roads

Reference: TLORC letter dated 23-2-94, Letter No. [...]

1. Regarding the above subject, we have already informed you by the letter referenced above that bullock carts are prohibited from using the car roads. Instead, they must use the track cut beside the car road.

2. Any bullock carts found using the car road will be fined 500 kyat in accordance with article 4, paragraph (e) decided by the Township Road Construction Supervision Committee on 8-3-94.

3. Therefore, notify the people in your village to act according to these instructions so that unnecessary problems do not occur.

(Signed) Chairperson.

Copy to:

• Infantry Battalion 32, Kya In Seik Gyi
• Township Officer, Township Police Station, Kya In Seik Gyi
• Receipt/Office copy

Appendix XII

Order by the Chairman of the State Law and Order
Restoration Council (SLORC) on the subject of
"Prohibiting unpaid labour contributions in national
development projects" dated 2 June 1995

Secret

Union of Myanmar

The State Law and Order Restoration Council

Office of the Chairman

No. 125/Na Wa Ta (00)/Nyaka -- 2
Dated: 2 June 1995

To,

State/Division Law and Order Restoration Councils

Subject: Prohibiting unpaid labour contributions in national development projects

1. It has been learnt that in obtaining labour from the local populace in carrying out national development projects, such as construction of roads, bridges and railways as well as building of dams and embankments, the practice is that they have to contribute labour without compensation.

2. In fact, these projects have been carried out with a view to furthering the welfare of the local people. As such, it is imperative that in obtaining the necessary labour from the local people, they must be paid their due share.

3. Causing misery and sufferings to the people in rural areas due to the so-called forced and unpaid labour is very much uncalled for. The sufferings of the people may in turn create misperception, misunderstanding and misjudgement of the Government and the Tatmadaw (armed forces).

4. Therefore, it is hereby instructed that the authorities concerned at different levels make proper supervisions so as to avoid undesirable incidents.

(Signed) Lt. Col. Phay Nyein
(for the Secretary)

Copy to:

Ministry of Agriculture
Ministry of Railways
Ministry of Construction

Appendix XIII

The Forced Labour Convention, 1930 (No. 29)

Convention No. 29

Convention concerning Forced or Compulsory Labour⁽¹⁾

The General Conference of the International Labour Organisation,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fourteenth Session on 10 June 1930, and

Having decided upon the adoption of certain proposals with regard to forced or compulsory labour, which is included in the first item on the agenda of the session, and

Having determined that these proposals shall take the form of an international Convention,

adopts this twenty-eighth day of June of the year one thousand nine hundred and thirty the following Convention, which may be cited as the Forced Labour Convention, 1930, for ratification by the Members of the International Labour Organisation in accordance with the provisions of the Constitution of the International Labour Organisation:

Article 1

1.  Each Member of the International Labour Organisation which ratifies this Convention undertakes to suppress the use of forced or compulsory labour in all its forms within the shortest possible period.

2.  With a view to this complete suppression, recourse to forced or compulsory labour may be had, during the transitional period, for public purposes only and as an exceptional measure, subject to the conditions and guarantees hereinafter provided.

3.  At the expiration of a period of five years after the coming into force of this Convention, and when the Governing Body of the International Labour Office prepares the report provided for in Article 31 below, the said Governing Body shall consider the possibility of the suppression of forced or compulsory labour in all its forms without a further transitional period and the desirability of placing this question on the agenda of the Conference.

Article 2

1.  For the purposes of this Convention the term "forced or compulsory labour" shall mean all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.

2.  Nevertheless, for the purposes of this Convention, the term "forced or compulsory labour" shall not include --

(a) any work or service exacted in virtue of compulsory military service laws for work of a purely military character;

(b) any work or service which forms part of the normal civic obligations of the citizens of a fully self-governing country;

(c) any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations;

(d) any work or service exacted in cases of emergency, that is to say, in the event of war or of a calamity or threatened calamity, such as fire, flood, famine, earthquake, violent epidemic or epizootic diseases, invasion by animal, insect or vegetable pests, and in general any circumstance that would endanger the existence or the well-being of the whole or part of the population;

(e) minor communal services of a kind which, being performed by the members of the community in the direct interest of the said community, can therefore be considered as normal civic obligations incumbent upon the members of the community, provided that the members of the community or their direct representatives shall have the right to be consulted in regard to the need for such services.

Article 3

For the purposes of this Convention the term "competent authority" shall mean either an authority of the metropolitan country or the highest central authority in the territory concerned.

Article 4

1.  The competent authority shall not impose or permit the imposition of forced or compulsory labour for the benefit of private individuals, companies or associations.

2.  Where such forced or compulsory labour for the benefit of private individuals, companies or associations exists at the date on which a Member's ratification of this Convention is registered by the Director-General of the International Labour Office, the Member shall completely suppress such forced or compulsory labour from the date on which this Convention comes into force for that Member.

Article 5

1.  No concession granted to private individuals, companies or associations shall involve any form of forced or compulsory labour for the production or the collection of products which such private individuals, companies or associations utilise or in which they trade.

2.  Where concessions exist containing provisions involving such forced or compulsory labour, such provisions shall be rescinded as soon as possible, in order to comply with Article 1 of this Convention.

Article 6

Officials of the administration, even when they have the duty of encouraging the populations under their charge to engage in some form of labour, shall not put constraint upon the said populations or upon any individual members thereof to work for private individuals, companies or associations.

Article 7

1.  Chiefs who do not exercise administrative functions shall not have recourse to forced or compulsory labour.

2.  Chiefs who exercise administrative functions may, with the express permission of the competent authority, have recourse to forced or compulsory labour, subject to the provisions of Article 10 of this Convention.

3.  Chiefs who are duly recognised and who do not receive adequate remuneration in other forms may have the enjoyment of personal services, subject to due regulation and provided that all necessary measures are taken to prevent abuses.

Article 8

1.  The responsibility for every decision to have recourse to forced or compulsory labour shall rest with the highest civil authority in the territory concerned.

2.  Nevertheless, that authority may delegate powers to the highest local authorities to exact forced or compulsory labour which does not involve the removal of the workers from their place of habitual residence. That authority may also delegate, for such periods and subject to such conditions as may be laid down in the regulations provided for in Article 23 of this Convention, powers to the highest local authorities to exact forced or compulsory labour which involves the removal of the workers from their place of habitual residence for the purpose of facilitating the movement of officials of the administration, when on duty, and for the transport of government stores.

Article 9

Except as otherwise provided for in Article 10 of this Convention, any authority competent to exact forced or compulsory labour shall, before deciding to have recourse to such labour, satisfy itself --

(a) that the work to be done or the service to be rendered is of important direct interest for the community called upon to do the work or render the service;

(b) that the work or service is of present or imminent necessity;

(c) that it has been impossible to obtain voluntary labour for carrying out the work or rendering the service by the offer of rates of wages and conditions of labour not less favourable than those prevailing in the area concerned for similar work or service; and

(d) that the work or service will not lay too heavy a burden upon the present population, having regard to the labour available and its capacity to undertake the work.

Article 10

1.  Forced or compulsory labour exacted as a tax and forced or compulsory labour to which recourse is had for the execution of public works by chiefs who exercise administrative functions shall be progressively abolished.

2.  Meanwhile, where forced or compulsory labour is exacted as a tax, and where recourse is had to forced or compulsory labour for the execution of public works by chiefs who exercise administrative functions, the authority concerned shall first satisfy itself --

(a) that the work to be done or the service to be rendered is of important direct interest for the community called upon to do the work or render the service;

(b) that the work or the service is of present or imminent necessity;

(c) that the work or service will not lay too heavy a burden upon the present population, having regard to the labour available and its capacity to undertake the work;

(d) that the work or service will not entail the removal of the workers from their place of habitual residence;

(e) that the execution of the work or the rendering of the service will be directed in accordance with the exigencies of religion, social life and agriculture.

Article 11

1.  Only adult able-bodied males who are of an apparent age of not less than 18 and not more than 45 years may be called upon for forced or compulsory labour. Except in respect of the kinds of labour provided for in Article 10 of this Convention, the following limitations and conditions shall apply:

(a) whenever possible prior determination by a medical officer appointed by the administration that the persons concerned are not suffering from any infectious or contagious disease and that they are physically fit for the work required and for the conditions under which it is to be carried out;

(b) exemption of school teachers and pupils and of officials of the administration in general;

(c) the maintenance in each community of the number of adult able-bodied men indispensable for family and social life;

(d) respect for conjugal and family ties.

2.  For the purposes of subparagraph (c) of the preceding paragraph, the regulations provided for in Article 23 of this Convention shall fix the proportion of the resident adult able-bodied males who may be taken at any one time for forced or compulsory labour, provided always that this proportion shall in no case exceed 25 per cent. In fixing this proportion the competent authority shall take account of the density of the population, of its social and physical development, of the seasons, and of the work which must be done by the persons concerned on their own behalf in their locality, and, generally, shall have regard to the economic and social necessities of the normal life of the community concerned.

Article 12

1.  The maximum period for which any person may be taken for forced or compulsory labour of all kinds in any one period of twelve months shall not exceed sixty days, including the time spent in going to and from the place of work.

2.  Every person from whom forced or compulsory labour is exacted shall be furnished with a certificate indicating the periods of such labour which he has completed.

Article 13

1.  The normal working hours of any person from whom forced or compulsory labour is exacted shall be the same as those prevailing in the case of voluntary labour, and the hours worked in excess of the normal working hours shall be remunerated at the rates prevailing in the case of overtime for voluntary labour.

2.  A weekly day of rest shall be granted to all persons from whom forced or compulsory labour of any kind is exacted and this day shall coincide as far as possible with the day fixed by tradition or custom in the territories or regions concerned.

Article 14

1.  With the exception of the forced or compulsory labour provided for in Article 10 of this Convention, forced or compulsory labour of all kinds shall be remunerated in cash at rates not less than those prevailing for similar kinds of work either in the district in which the labour is employed or in the district from which the labour is recruited, whichever may be the higher.

2.  In the case of labour to which recourse is had by chiefs in the exercise of their administrative functions, payment of wages in accordance with the provisions of the preceding paragraph shall be introduced as soon as possible.

3.  The wages shall be paid to each worker individually and not to his tribal chief or to any other authority.

4.  For the purpose of payment of wages the days spent in travelling to and from the place of work shall be counted as working days.

5.  Nothing in this Article shall prevent ordinary rations being given as a part of wages, such rations to be at least equivalent in value to the money payment they are taken to represent, but deductions from wages shall not be made either for the payment of taxes or for special food, clothing or accommodation supplied to a worker for the purpose of maintaining him in a fit condition to carry on his work under the special conditions of any employment, or for the supply of tools.

Article 15

1.  Any laws or regulations relating to workmen's compensation for accidents or sickness arising out of the employment of the worker and any laws or regulations providing compensation for the dependants of deceased or incapacitated workers which are or shall be in force in the territory concerned shall be equally applicable to persons from whom forced or compulsory labour is exacted and to voluntary workers.

2.  In any case it shall be an obligation on any authority employing any worker on forced or compulsory labour to ensure the subsistence of any such worker who, by accident or sickness arising out of his employment, is rendered wholly or partially incapable of providing for himself, and to take measures to ensure the maintenance of any persons actually dependent upon such a worker in the event of his incapacity or decease arising out of his employment.

Article 16

1.  Except in cases of special necessity, persons from whom forced or compulsory labour is exacted shall not be transferred to districts where the food and climate differ so considerably from those to which they have been accustomed as to endanger their health.

2.  In no case shall the transfer of such workers be permitted unless all measures relating to hygiene and accommodation which are necessary to adapt such workers to the conditions and to safeguard their health can be strictly applied.

3.  When such transfer cannot be avoided, measures of gradual habituation to the new conditions of diet and of climate shall be adopted on competent medical advice.

4.  In cases where such workers are required to perform regular work to which they are not accustomed, measures shall be taken to ensure their habituation to it, especially as regards progressive training, the hours of work and the provision of rest intervals, and any increase or amelioration of diet which may be necessary.

Article 17

Before permitting recourse to forced or compulsory labour for works of construction or maintenance which entail the workers remaining at the workplaces for considerable periods, the competent authority shall satisfy itself --

(1) that all necessary measures are taken to safeguard the health of the workers and to guarantee the necessary medical care, and, in particular, (a) that the workers are medically examined before commencing the work and at fixed intervals during the period of service, (b) that there is an adequate medical staff, provided with the dispensaries, infirmaries, hospitals and equipment necessary to meet all requirements, and (c) that the sanitary conditions of the workplaces, the supply of drinking water, food, fuel, and cooking utensils, and, where necessary, of housing and clothing, are satisfactory;

(2) that definite arrangements are made to ensure the subsistence of the families of the workers, in particular by facilitating the remittance, by a safe method, of part of the wages to the family, at the request or with the consent of the workers;

(3) that the journeys of the workers to and from the workplaces are made at the expense and under the responsibility of the administration, which shall facilitate such journeys by making the fullest use of all available means of transport;

(4) that, in case of illness or accident causing incapacity to work of a certain duration, the worker is repatriated at the expense of the administration;

(5) that any worker who may wish to remain as a voluntary worker at the end of his period of forced or compulsory labour is permitted to do so without, for a period of two years, losing his right to repatriation free of expense to himself.

Article 18

1.  Forced or compulsory labour for the transport of persons or goods, such as the labour of porters or boatmen, shall be abolished within the shortest possible period. Meanwhile the competent authority shall promulgate regulations determining, inter alia, (a) that such labour shall only be employed for the purpose of facilitating the movement of officials of the administration, when on duty, or for the transport of government stores, or, in cases of very urgent necessity, the transport of persons other than officials, (b) that the workers so employed shall be medically certified to be physically fit, where medical examination is possible, and that where such medical examination is not practicable the person employing such workers shall be held responsible for ensuring that they are physically fit and not suffering from any infectious or contagious disease, (c) the maximum load which these workers may carry, (d) the maximum distance from their homes to which they may be taken, (e) the maximum number of days per month or other period for which they may be taken, including the days spent in returning to their homes, and (f) the persons entitled to demand this form of forced or compulsory labour and the extent to which they are entitled to demand it.

2.  In fixing the maxima referred to under (c), (d) and (e) in the foregoing paragraph, the competent authority shall have regard to all relevant factors, including the physical development of the population from which the workers are recruited, the nature of the country through which they must travel and the climatic conditions.

3.  The competent authority shall further provide that the normal daily journey of such workers shall not exceed a distance corresponding to an average working day of eight hours, it being understood that account shall be taken not only of the weight to be carried and the distance to be covered, but also of the nature of the road, the season and all other relevant factors, and that, where hours of journey in excess of the normal daily journey are exacted, they shall be remunerated at rates higher than the normal rates.

Article 19

1.  The competent authority shall only authorise recourse to compulsory cultivation as a method of precaution against famine or a deficiency of food supplies and always under the condition that the food or produce shall remain the property of the individuals or the community producing it.

2.  Nothing in this Article shall be construed as abrogating the obligation on members of a community, where production is organised on a communal basis by virtue of law or custom and where the produce or any profit accruing from the sale thereof remain the property of the community, to perform the work demanded by the community by virtue of law or custom.

Article 20

Collective punishment laws under which a community may be punished for crimes committed by any of its members shall not contain provisions for forced or compulsory labour by the community as one of the methods of punishment.

Article 21

Forced or compulsory labour shall not be used for work underground in mines.

Article 22

The annual reports that Members which ratify this Convention agree to make to the International Labour Office, pursuant to the provisions of article 22 of the Constitution of the International Labour Organisation, on the measures they have taken to give effect to the provisions of this Convention, shall contain as full information as possible, in respect of each territory concerned, regarding the extent to which recourse has been had to forced or compulsory labour in that territory, the purposes for which it has been employed, the sickness and death rates, hours of work, methods of payment of wages and rates of wages, and any other relevant information.

Article 23

1.  To give effect to the provisions of this Convention the competent authority shall issue complete and precise regulations governing the use of forced or compulsory labour.

2.  These regulations shall contain, inter alia, rules permitting any person from whom forced or compulsory labour is exacted to forward all complaints relative to the conditions of labour to the authorities and ensuring that such complaints will be examined and taken into consideration.

Article 24

Adequate measures shall in all cases be taken to ensure that the regulations governing the employment of forced or compulsory labour are strictly applied, either by extending the duties of any existing labour inspectorate which has been established for the inspection of voluntary labour to cover the inspection of forced or compulsory labour or in some other appropriate manner. Measures shall also be taken to ensure that the regulations are brought to the knowledge of persons from whom such labour is exacted.

Article 25

The illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced.

Article 26

1.  Each Member of the International Labour Organisation which ratifies this Convention undertakes to apply it to the territories placed under its sovereignty, jurisdiction, protection, suzerainty, tutelage or authority, so far as it has the right to accept obligations affecting matters of internal jurisdiction; provided that, if such Member may desire to take advantage of the provisions of article 35 of the Constitution of the International Labour Organisation, it shall append to its ratification a declaration stating --

(1) the territories to which it intends to apply the provisions of this Convention without modification;

(2) the territories to which it intends to apply the provisions of this Convention with modifications, together with details of the said modifications;

(3) the territories in respect of which it reserves its decision.

2.  The aforesaid declaration shall be deemed to be an integral part of the ratification and shall have the force of ratification. It shall be open to any Member, by a subsequent declaration, to cancel in whole or in part the reservations made, in pursuance of the provisions of subparagraphs (2) and (3) of this Article, in the original declaration.

Article 27

The formal ratifications of this Convention under the conditions set forth in the Constitution of the International Labour Organisation shall be communicated to the Director-General of the International Labour Office for registration.

Article 28

1.  This Convention shall be binding only upon those Members whose ratifications have been registered with the International Labour Office.

2.  It shall come into force twelve months after the date on which the ratifications of two Members of the International Labour Organisation have been registered with the Director-General.

3.  Thereafter, this Convention shall come into force for any Member twelve months after the date on which the ratification has been registered.

Article 29

As soon as the ratifications of two Members of the International Labour Organisation have been registered with the International Labour Office, the Director-General of the International Labour Office shall so notify all the Members of the International Labour Organisation. He shall likewise notify them of the registration of ratifications which may be communicated subsequently by other Members of the Organisation.

Article 30

1.  A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office.

2.  Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of five years and, thereafter, may denounce this Convention at the expiration of each period of five years under the terms provided for in this Article.

Article 31

At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.

Article 32

1.  Should the Conference adopt a new Convention revising this Convention in whole or in part, the ratification by a Member of the new revising Convention shall ipso jure involve denunciation of this Convention without any requirement of delay, notwithstanding the provisions of Article 30 above, if and when the new revising Convention shall have come into force.

2.  As from the date of the coming into force of the new revising Convention, the present Convention shall cease to be open to ratification by the Members.

3.  Nevertheless, this Convention shall remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.

Article 33

The French and English texts of this Convention shall both be authentic.

1. Ed.: This Convention came into force on 1 May 1932.