Principled Engagement: Negotiating Human Rights in Repressive States by Morten B. Pedersen & David Kinley

Principled Engagement: Negotiating Human Rights in Repressive States by Morten B. Pedersen & David Kinley

Author:Morten B. Pedersen & David Kinley [Pedersen, Morten B. & Kinley, David]
Language: eng
Format: epub
Tags: Political Freedom, Political Science
ISBN: 9781317075905
Google: nArtCwAAQBAJ
Publisher: Routledge
Published: 2016-04-08T12:52:37+00:00


Endnotes

1 Article 33 of the Constitution of the International Labour Organization.

2 For example, the Government stated in 1993 that over a period of two years almost 800,000 local people had “volunteered” their labour for the construction of the railway from Aungban to Loikaw. “Forced Labour in Myanmar (Burma). Report of the Commission of Inquiry appointed under article 26 of the Constitution of the International Labour Organization to examine the observance by Myanmar of the Forced Labour Convention, 1930 (No. 29)”, ILO, Official Bulletin, Vol. LXXXI, 1998, Series B, Special supplement, 156.

3 Ibid., paragraph 1.

4 Ibid., paragraph 536.

5 Ibid., paragraph 543.

6 For an illuminating discussion of the effectiveness of the ILO’s enforcement mechanisms in light of the Myanmar experience (up to 2003), see Francis Maupain, “Is the ILO Effective in Upholding Workers’ Rights?”, in Philip Alston (ed.), Labour Rights as Human Rights (Oxford: Oxford University Press, 2005).

7 Myanmar Ministry of Foreign Affairs. Press Release, Yangon, 17 June 1999.

8 That is, the first ILO mission since the Commission of Inquiry. Up until 1996, the ILO had had some limited technical assistance activities in Myanmar and there had been occasional visits to the country in that connection.

9 “Pity ILO!” (parts 1 and 2), New Light of Myanmar, 23 and 24 May 2000.

10 “Order Directing Not To Exercise Powers Under Certain Provisions of The Towns Act, 1907 and the Village Act, 1907”, Myanmar Ministry of Home Affairs Order No. 1/99, 14 May 1999.

11 See ILO Governing Body, 279th Session, provisional verbatim of the fourth sitting, Thursday, 16 November 2000, morning.

12 Letter to the Myanmar Minister for Labour dated 1 March 2001, reproduced in appendix 5 of ILO document GB.280/6, Geneva, March 2001.

13 The Myanmar Ambassador in Geneva, who was a disarmament expert and chaired the UN General Assembly’s First Committee on disarmament and international security in 2000, compared sanctions to the nuclear deterrent: “The best sanctions are those that are never used and never carried out. Sanctions are like nuclear weapons. Their value lies in their deterrent effect, not in their actual use.” See International Labour Conference, 89th Session, Geneva, 2001, Provisional Record 19, part 3, p. 2.

14 See ILO documents GB.280/6, GB.280/6(Add.1), and GB.280/6(Add.2), Geneva, March 2001.

15 Frances Williams and Edward Alden, “Forced Labour in Burma Tests ILO’s Will to Uphold Global Standards”, Financial Times, 27 March 2001.

16 Elizabeth Olson, “Myanmar Tests Resolve of ILO on Enforcing Standards”, New York Times, 4 June 2001 (actually written in March 2001, but published later with little updating).

17 “The Question of Steps to Respond to Sanctions which Might Be Imposed by the ILO”, restricted memorandum, Myanmar Ministry of Foreign Affairs, 2 December 2000, paragraphs 6 and 7. (While the authenticity of this document cannot be confirmed, it appears likely to be genuine.)

18 See “Union Activists Hold up Burmese Ship at Calcutta Port”, Mizzima News Group, 21 August 2000; and Krittivas Mukherjee, “Myanmarese Vessel Freed after Federal Intervention”, India Abroad News Service, 22 August 2000.

19 See ILO document GB.282/4, Geneva, November 2001, paragraph 86.

20 See, for example,



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