Shan Human Rights Foundation

May - 2010

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COMMENTARY
Forced Labour
        It has been learned that at a meeting on April 30, 2010 in the national capital Naypyidaw between an ILO team, led by the ILO liaison officer in Burma, and the Burmese Deputy Minister of Labour, a decision to distribute leaflets in the battle against forced labour by the end of May was made.
        The leaflets, that would help victims of forced labour lodge complaints and seek justice, would be in English and Burmese and, to reach urban and rural areas, would be distributed through NGOs and government departments. The cost of the leaflets would be borne by the ILO.
        However, although this action may have been a sincere effort on the part of the ILO, it is being seen by many observers to be little more than a token gesture designed by the Burmese junta as a sign of compliance with the ILO before facing serious debate on the forced labour being practised in Burma at the coming July ILO meeting.
        Since 1998, forced labour in Burma has been concluded by an ILO Commission of Inquiry to be widespread and systematic, and that Burma was in breach of its international legal obligations regarding forced labour, which eventually compelled the Burmese junta to pass in 1999 a law explicitly banning forced labour.
        However, that law has never been enforced, and the use of forced labour, especially by the Burmese military, has still been widespread and systematic up to 2009 as reported in this newsletter.
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THE USE OF UNPAID FORCED LABOUR IN STATE INFRASTRUCTURE
        The practice of using mass forced labour of the people in building military infrastructure by the Burmese junta’s troops in Shan State is still widespread.
        The following is one such incident that took place in mid 2009.

MASS FORCED LABOUR IN CONSTRUCTION OF MILITARY CAMP IN LAI-KHA
        For several weeks during August and September 2009, people in Wan Saang village tract in Lai-Kha township were forced en masse by the SPDC troops of IB64 to construct a military stronghold at Kung Maak Keng village in Wan Saang village tract in Lai-Kha township.
        The new stronghold was built at a place where a former military camp had been burnt to the ground during a gun battle between the SPDC troops and the Shan resistance forces about a week previously.
        To rebuild the camp that had been completely destroyed by fire, the SPDC troops from IB64, who manned the camp previously, systematically requisitioned forced labour of the local people of 5 villages, comprising about 300 households, in Wan Saang village tract, Lai-Kha township.
        In addition to having to routinely work in rotation at the construction site using their own tools and providing their own food, the villagers were required to gather building materials such as logs, wood, bamboo and thatch for roofing.
        The villagers had to cut 100 pieces of about 8 feet long and 2 feet thick logs, and 200 pieces of about 8 feet long and 1-1/2 feet thick logs, and built bunkers in the stronghold. They also had to cut bamboo and built 3 layers of fences around the camp.
        The villagers also had to build other buildings such as barracks and kitchens, etc., and had to provide building materials, e.g., wood, bamboo and thatched roofings. It took several weeks to complete despite the villagers working en masse on a regular basis.
        The 5 villages in Wan Saang village tract that had to provide free forced labour this time were: Pa Mai, Nawng Mon, Nam Tok, Huay Mu and Huay Lao. In requisitioning their forced labour, the villagers often heard the SPDC military authorities say that they had to do it because of the Shan soldiers.
THE USE OF CIVILIANS AS UNPAID GUARDS, GUIDES AND PORTERS
        Forcible conscription of civilians to serve as unpaid guards, guides and porters by the Burmese junta’s troops in Shan State is still rampant, especially in the rural areas.
        Extortion of food stuff, livestock and money from the local people by the junta’s troops while conscripting guards, guides and porters is also widespread.
        The following are such instances that took place in late 2009.

VILLAGERS FORCED TO SERVE AS UNPAID PORTERS FOR SEVERAL DAYS, LIVESTOCK EXTORTED, IN KUN-HING
        In September 2009, 10 villagers in Ho Yaan village tract in Kun-Hing township were forced to serve as unpaid porters for several days by a patrol of SPDC troops from IB246 who also extorted chickens from the villagers.
        On 4 September 2009, a patrol of about 40 SPDC troops from IB246 came to Kaad Ta village in Ho Yaan village tract, Kun-Hing township, and forcibly conscripted 3 villagers to serve as porters, and also took away 3 villager’s chickens they found in a shack.
        About 2 days later, the SPDC troops came into Nam Pun village in the same village tract and forcibly took 7 more villagers to serve as unpaid porters. They also forced the village headman to bring 4 viss (1 viss = 1.6 kg) of chickens to them before they left the village.
        The 10 villagers, 3 from Kaad Ta and 7 from Nam Pun villages, were forced to carry mostly mortar shells and other kinds of ammunition and were fed 2-3 times a day when the SPDC troops had their own meals. But the food was hardly enough because each of them was given only about a handful of rice each time.
        The villagers had to go with the SPDC troops for 7 days as they patrolled Ho Yaan village tract area and were released at Wan Tong village, east of the Nam Paang river, from where the SPDC troops seemed to have headed towards Kaeng Kham village tract.
VILLAGERS INTIMIDATED, FORCED TO SERVE AS UNPAID GUIDES FOR SEVERAL DAYS, IN MURNG-KERNG
        In November 2009, 2 villagers of Paa Lam village in Ham Ngaai village tract in Murng-Kerng township were forcibly conscripted to serve as unpaid guides by a patrol of SPDC troops from LIB514 and Loi-Lem-based IB9.
        On 5 November 2009, a patrol of a combined force of SPDC troops from Murng-Kerng-based LIB514 and Loi-Lem-based IB9 came to Paa Lam village in Ham Ngaai village tract in Murng-Kerng township and forced 2 villagers to serve as unpaid guides.
        The 2 villagers were men of about 45 years and they were told by the SPDC troops to bring with them food for 3 days. They were also warned to be always vigilant while guiding the military patrol, keeping their eyes and ears wide open all the times, and immediately report anything suspicious they see or hear.
        If the patrol was attacked by the Shan soldiers and there were casualties because the guides failed to warn the SPDC troops in time, not only the guides but also their relatives at the village would be held responsible and punished, said the SPDC troops.
        The 2 villagers had to avoid the villages and guide the SPDC troops through lands where there were big and small farms and gardens, and other plots of cultivated land in the areas of Ham Ngaai and Murng Khun village tracts for 3 days.
        According to the villagers, the SPDC troops seemed to have been looking for and recording the numbers and areas of lands used to cultivate opium during the 3-day patrol.

PEOPLE FORCED TO BUILD FENCES AND STAND GUARD AT NIGHT, MONEY EXTORTED, IN LAI-KHA
        Since around mid 2009 up to early 2010, people in the villages in the outskirts of Lai-Kha town in Lai-Kha township were forced by the SPDC troops of IB64 and LIB515 to keep watch every night at their respective locations.
        In 2008, the SPDC military authorities had already forced these villages to build split-bamboo fences at their respective locations so that the fences surrounded the whole Lai-Kha town area, to prevent the enemies from entering the town during the nights.
        Sometime around August 2009, the SPDC authorities again issued an order requiring the villagers of all the villages around the town to do regular night-watch duty and report to the authorities when something suspicious or unusual happened.
        If something, for example some shooting of gun fire, happened, the villagers at the place of the incident had to know about it and immediately report it to the authorities. If the villagers did not know what happened because of negligence or failure to stand guard, they and their village would be punished.
        The concerned village would have to pay 500,000 kyat of money as a fine and the villagers who were supposed to be keeping watch at the time of the incident would be given a 6-month jail term each, said the order.
        Every house in every village in the outskirts of the town had to take turns to keep the night-watch, including those of single women and widows. However, women themselves were not allowed to take this duty but were required to hire men to take their place, at the rate of 5,000 kyat per man per night.
THE USE OF FORCED LABOUR IN CROP CULTIVATION
        In many places in Shan State, permanently based battalions of the Burmese junta’s troops are still routinely forcing local people to cultivate crops for their consumption.
        Although other kinds of crops have also been required to be cultivated virtually every year during their respective seasons, rice has been the main crop that need to be routinely grown for the military, often 2 crops per year.
        The following 2 examples are about people being forced to grow 2 crops of rice during the last wet and dry seasons.

VILLAGERS FORCED TO CULTIVATE RICE FOR THE MILITARY, MONEY EXTORTED, IN MURNG-PAENG
        In December 2009, villagers of Hawng Kaang village tract in Murng-Paeng township were forced to cultivate dry season rice for the military by the SPDC troops of LIB528 based in Murng-Paeng.
        On 1 December 2009, the SPDC authorities of LIB528 issued an order requiring the villagers of Pung Yaang Khe and Yaang Mai villages in Hawng Kaang village tract to cultivate rice for the military using their own rice fields for the duration of the cultivation.
        Villagers of the said 2 villages had to provide free forced labour from start to finish, using their own tools and tractors and providing their own food and fuel. After the seedlings were planted, the villagers were also routinely required to look after the rice plants and make sure they got the amount of water needed.
        The rice fields were irrigated by water diverted from a nearby stream on which a small dam was built by the villagers. At one point, a little too much water had been accidentally diverted and it overflowed the rice field and spilt over into surrounding areas.
        Some of the overflowing water reached a nearby place where bricks were being made for the military and destroyed some 500 raw bricks, earthen bricks that had not yet been baked. The villagers who grew rice for the military were held responsible for the damage.
        The commander of LIB528 then summoned the community leaders of Hawng Kaang village tract to the military base. The SPDC commander accused the villagers of deliberately letting water destroy military bricks and ordered them to pay compensation of 500,000 kyat for the loss.
        In addition to having been forced to cultivate rice for the military, villagers of Pung Yaang Khe and Yaang Mai villages also had to collect money among themselves, at the rate of 1,500 kyat per household, and pay for a loss they had not deliberately caused.
PEOPLE FORCED TO GROW RICE FOR MILITARY IN MURNG-PAN
        During the wet rice growing season in 2009, villagers in Ho Phaai Long village tract in Murng-Pan township were forced to cultivate a great amount of rice for the military by the SPDC troops of LIB332, based in Murng-Pan.
        On 28 July 2009, the military authorities of LIB332 issued an order requiring villagers of several villages in Ho Phaai Long village tract in Murng-Pan township to cultivate rice for the military in order to help support the SPDC troops in the area with their daily consumption.
        The villagers were required to grow about 70 baskets of rice seeds in all the rice fields that had been abandoned or temporarily left uncultivated by their owners in Ho Phaai Long village tract. Among the many villages that were required to provide forced labour, the 3 known villages were Mawk Zaam, Ho Phaai and Naa Khaa villages.
        Tractors of the villagers were also required to plough the rice fields until they were completed, providing their own fuel. Those who did not have tractors were required to do other things in cultivating the rice until it was finished.
        The villagers had to take the responsibility to work for the military for the duration of the rice cultivation until the harvest reach the military base. If the villagers did not produce enough rice for them after the harvest, the SPDC troops said they would forcibly buy from them at half the market price.
        It was quite a burden for many farmers in the area since it coincided with their own rice cultivation period, during the rains. They said they felt like they were having to work half for the military and half for themselves, which was very difficult.
THE USE OF FORCED LABOUR OF CIVILIAN VEHICLES
        Although all kinds of civilian vehicles have often been forcibly conscripted and used by the Burmese junta’s troops in Shan State, the most affected kinds seem to be motorcycles and tractors with trailers, locally known as ‘to-la-gyi’.
        Since motorcycles and tractors are not too expensive and affordable by many members of the rural communities, many keep them to use in their daily chores and, at the same time, become main targets for forced labour by the military.
        The following are some such incidents that took place during late 2009 and early 2010.

ROUTINE FORCED LABOUR OF CIVILIAN TRACTORS AND EXTORTION OF MONEY IN LAI-KHA
        For several weeks during the end of 2009 and the beginning of 2010, at least 6 civilian tractors per day were forced by the SPDC troops of IB64 and LIB515 to transport their troops in patrolling the rural areas of Lai-Kha township on a daily basis.
        Starting from 1 December 2009, the SPDC military authorities required all the tractors in Lai-Kha township to take turns and provide forced labour for the SPDC troops of IB64 and LIB515. Each day, at least 6 tractors had to go to the military bases, 3 to IB64 and 3 to LIB515, which were located on the outskirts of the town.
        From the bases, the tractors had to carry SPDC troops on their trailers and go out to patrol the rural areas of Lai-Kha townships in different directions every day. The main purpose for patrolling was said to be to provide security for members of a Shan ceasefire group who were also roaming the rural areas.
        The said members of the ceasefire groups were going around collecting rice and money from the local rural people in different directions of the town. The ceasefire group would later be obliged to give most of what they had collected to the SPDC troops of both battalions.
        The said ceasefire group and SPDC troops in the area had recently been attacked by Shan soldiers, suspected to be members of the SSA-S (Shan State Army - South), prompting them to beef up their security measures and putt more burdens on the local people.
        The tractors had to go from 5 up to 15-16 miles away from the town and had to provide their own fuel which sometimes cost up to 10,000 kyat a day. Those who could not drive the tractors themselves had to hire drivers at the rate of 3,500 kyat per day per person.
FORCIBLE USE OF CIVILIAN TRACTORS AND EXTORTION OF MONEY IN MURNG-KERNG
        In October 2009, civilian tractors were forcibly conscripted and money was repeatedly extorted from the villagers of Ham Ngaai village tract in Murng-Kerng township by the SPDC troops from Loi-Lem-based IB12.
        On 9 October 2009, a patrol of about 60 SPDC troops from IB12, based in Loi-Lem township, led by the battalion commander, Kyaw Thu, came to Loi Saang village in Ham Ngaai village tract in Murng-Kerng township.
        At Loi Saang village, the SPDC troops forcibly conscripted 3 tractors from the villagers and extorted 50,000 kyat of money from them to be used to buy fuel for the tractors. The tractors were used to transport corrugated iron sheet roofing to Ho Khaai village in the same village tract.
        After unloading the iron roofing at Ho Khaai village, the SPDC troops continued to use the tractors to patrol the area and extorted 50,000 kyat more money from the villagers of Kung Saan village, also in the same village tract, to buy more fuel for the tractors.
        However, all the 3 tractors were said to have received no fuel from the SPDC troops during their conscription for 3 days and 2 nights. Villagers had to buy the fuel with their own money when it was necessary, which cost each tractor about 12,000 kyat, altogether not less than 36,000 kyat.
RANDOM CONSCRIPTION OF VILLAGES’ TRACTORS IN LAI-KHA AND NAM-ZARNG
        During October/November 2009, civilian tractors were randomly conscripted by patrols of SPDC troops from LIB513 and IB64 from the villagers of several village tracts in Lai-Kha and Nam-Zarng townships.
        Two groups of SPDC troops, from LIB513 and IB64 and comprising more than 20 troops each, conscripted tractors from the villagers as they patrolled the areas of Naa Mang and Haai Seng village tracts in Lai-Kha township and Nawng Hee and Ton Hung village tracts in Nam-Zarng township.
        The troops conscripted 3-4 tractors from one village, used them to go around for 1-2 days until they ran out of fuel and conscripted other tractors from other villages, and continued to go around the 4 village tracts in the 2 townships again and again.
        On 13 October 2009, 3 tractors were conscripted from Nawng Wo village in Nawng Hee village tract in Nam-Zarng township by one group of the said SPDC troops. The tractors were forced to transport the troops to several village tracts in Nam-Zarng township.
        After patrolling Nawng Hee and Haai Naeng village tracts, the 3 tractors were released after 2 days when they reached Taw Lur village in Ton Hung village tract in Nam-Zarng township. The tractor-owners had to buy their own fuel, costing them about 15,000 kyat each, which they later were compensated for by their fellow villagers.

ROUTINE FORCED LABOUR OF CIVILIAN TRACTORS IN NAM-ZARNG
        During late 2009, villagers of Naa Poi village tract in Nam-Zarng township were required to provide 2 tractors per day for the SPDC troops based in Naa Poi village tract to use in their daily patrols.
        The tractors had to work in rotation to fulfill this forced labour duty, with villagers providing their own drivers, their own food and their own fuel. The SPDC troops used the tractors to go around from village to village in the village tract on a daily basis.
        If the fuel of the tractors was not enough for each journey, the tractors’ owners were held responsible. Sometime in September 2009, a warning was issued by the SPDC troops that tractors that ran out of fuel along the way would be burned.
        Fearing that their tractors could be actually burned by the SPDC troops, the owners not only filled up their tanks to the full but also carried a big plastic can of extra fuel on their tractors when they needed to provide forced labour for the military.