Burma Sanctions in Line With WTO

Date: 06 November 2001

The persistence of forced labour on a large scale in Burma, widely expected to be confirmed next week by the International Labour Organisation (ILO), should prompt all Member States to impose binding trade sanctions on the Burmese regime, says the ICFTU.

With the WTO Ministerial Meeting set to open in Qatar on Friday, the ICFTU has released a 5-page report affirming that no legal obstacles stand in the way of such sanctions by virtue of these countries' WTO commitments. The briefing was sent along with a joint letter to EU Trade Commissioner Pascal Lamy, by the European Trade Union Confederation (ETUC) and the ICFTU.

In its letter to the EU Trade Representative, the two Brussels-based labour groups re-affirm that the International Labour Conference resolution of June 2000 is fully compatible with WTO rules. It implies that those members of the ILO, the EU included, who have expressed their commitment to the eradication of forced labour in Burma are free to fulfil their ILO responsibility to act in defence of the human rights of the Burmese people.

Last year's adoption by the ILO's annual conference of a strongly-worded resolution on Burma opened the way for all Member states, as well as employers organisations and trade unions, to adopt measures aimed at ensuring that any links they might have with Burma would not aid or abet the junta's use of forced labour.

On November 15, the letter continues, the ILO Governing Body is due to discuss the report of the visit to Burma of the ILO's High Level Team (HLT).

However, this is unlikely to result in any finding that forced labour is now being tackled effectively in Burma.

The ETUC and the ICFTU consider therefore, that after the November 15 ILO Governing Body meeting, the EU Council should hold an extraordinary discussion of Burma in order to act on the ILO's findings. The Council should decide to step up the EU's measures to stop the violation of human
rights in Burma by implementing restrictions on the EU's imports from and exports to that country and by imposing a ban on investments from the EU in Burma.

"The time has come for decisive economic pressure to be put on the Burmese military in order to convince them that they should desist once and for all from forced labour", says Bill Jordan, ICFTU General Secretary. The junta's systematic use of forced labour was assimilated by the 1998 report of an ILO Commission of Inquiry to a crime against humanity.

While many governments and corporations have hidden behind an alleged incompatibility of trade sanctions against Burma with WTO rules, the ICFTU's briefing rejects their claims as "legally unfounded and morally wrong", Jordan said today.

The legal briefing addresses six issues, including article XX(a) of the GATT Agreement (General Agreement of Tariffs and Trade) which refers to "measures necessary to protect public morals" as an acceptable justification for restrictions on trade. "In this regard", the briefing continues, "it is clear that a national choice to refuse to undertake trade with a country
employing forced labour is an expression of the public morals of the country taking such measures."

Additionally, the briefing argues that swift use should be made of GATT Agreement articles relating to human health - XX(b), prison labour - XX(e) and the possibility to use the UN Charter for the maintenance of international peace and security - XXI(c). Such measures, the ICFTU believes, would put enormous pressure on the junta to cease the present worsening level of violations of basic human rights, especially forced labour.

"The legal and the moral cases for action are clear. There is no further excuse for governments refraining from implementing trade action against Burma at the earliest possible time", the ICFTU General Secretary concluded.

Link to the 5-page legal briefing:http://www.icftu.org/displaydocument.asp?Language=EN&Index=991214102

For further information

Union:	Labor Council of NSW
WWW:	http://www.icftu.org

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