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General Forced Labour
/ Forced Labour Supplying Materials
Appendix A / Appendix
B
Forced Labour Supplying Materials
This section contains orders which call for forced labour by demanding materials from villagers which require intensive labour to produce and deliver. For example, demands for hundreds of thatch roofing shingles, tons of logs, or quantities of firewood or bamboo force villagers to do hard labour cutting, gathering, preparing and then delivering these materials to Army camps. In contrast, demands for rice, pigs, money and other goods are not included in this section because they are not as labour-intensive.
Most of the orders below demand building materials such as timber, which must be cut in the forest, sawn into posts or planks, and then hauled to the Army camp by the villagers; specific types and diameters of bamboo which must be sought out and cut in the forest; or thatch roofing shingles, which require the villagers to gather leaves and cut bamboo, then split the bamboo into sticks, make it into metre-long frames, and tie the leaves onto the frames using bamboo ties. A demand for 500 thatch shingles or 300 wooden fenceposts can take a whole village several days of labour to produce, after which they must haul it to the Army camp on bullock carts, boats, or on their backs. Some orders (for example Orders #349, 350 and 357) give the villagers the option of sending the materials or sending much more than their market value in cash.
Some orders which demand such materials and also include direct demands for forced labour have been included in the ‘General Forced Labour’ section above. Similarly, many of the demands below that villagers bring bamboo for fencing or thatch for roofing carry the implicit assumption that when the villagers deliver the bamboo or thatch, they will be kept at the camp to do the work as well (see for example Orders #345, 346, 354, 362, 363, and 407). Orders #373, 377, 380 and 402 force several villages to pay a fee or provide a ‘landmine clearing bullock cart’, meaning they would have to drive one of their bullock carts along a military supply road to detonate any anti-vehicle mines.
While most of these materials are demanded for Army camp and other construction, some are also demanded simply so that Army officers can sell them for profit; for example, the 10 tons of "teak and hardwood" demanded in Order #404 is almost certainly not "to make electrical poles and a chicken shed" as stated, nor are the 10,000 thatch roofing shingles demanded in Order #367 all likely to be used at the Army camp. Even when demanding building materials for the camp, the officers often demand two or three times what they require and then sell the surplus. Soldiers who desert the Army often tell of such schemes, which are used by officers throughout Burma to make money. One common scheme is for officers to demand large quantities of firewood from villagers, then force their own soldiers to use it to bake bricks entirely for the officers’ personal profit.
As is the case with direct orders for forced labour, the Army often dictates its demands for materials to the village tract leaders, who must then divide the demands between the villages in their tract. Order #442 gives a clear example of an Army officer telling a village tract leader to issue demands to the villages under his authority. The Army then puts a great deal of pressure on village tract leaders to comply, resulting in orders such as #377, 380, 381, 383, and 388, all of which were issued by one village tract leader. As time passes his increasing desperation is apparent in statements such as "The Army and DKBA come to look every day" (Order #380), "Why didn’t [you] come to the meeting that was called by the Army today?" (Order #381), "U aaaa’s village is not taking any responsibility" (Order #383), and "The Army is asking very often. I have to tell them lies." (Order #388) He warns the village head "for the last time" that "it is an emergency matter", and in Order #381 warns that "If [you] don’t deliver it, [I] won’t take any responsibility for whatever problems will happen".
Villagers are never paid for any of the materials they provide except in rare cases; some orders promise to pay for some of it, but this often proves to be an empty promise when the materials are actually delivered (see the village heads’ comments under Orders #356 and 369). Villagers interviewed by KHRG regularly state that they are never paid for such materials. Despite this, and even though the deadlines given are often next to impossible to meet, any village which fails to deliver the materials on time and according to specification faces threatening letters and the possibility of severe punishments. Some of these are vaguely implied in Orders #377 ("the Elder yourself must come to clear it with the Battalion Commander"), #381 ("If [you] don’t deliver it, [I] won’t take any responsibility for whatever problems will happen"), #451 ("If [you] fail, action will be taken"), and #452 ("If [you] fail, [you] will have to send more than the quantities [originally] specified. If [you] fail completely, action will be taken.").
For additional explanations on the nature of these types of orders see "SPDC & DKBA Orders to Villages: Set 2001-A" (KHRG #2001-02, 18/5/01). The orders below are presented in chronological order, from December 2000 to October 2001.
______________________________________________________________________________
|
Stamp:
Date:
5-12-2000 Subject: The matter of arranging and sending bamboo [Regarding] The above subject, in accordance with the directive of the LIB #xxx Sa Ka Ka Mu [Military Operations Command Commander], to build the second ring of Army fence at zzzz Camp, send a duty quota of 100 pieces of bamboo from the Elder’s village (without fail) to zzzz Column Office on 7-12-2000, you are informed.
[Sd.] [Each Army camp has as many as 5 rings of fencing around it for defence. The villagers must supply all the bamboo for these fences as well as do forced labour building them.] ______________________________________________________________________________
Stamp: To: Chairperson Subject: The matter of arranging
and sending Reference: According to the directive of Sa Ba Ha 3 [Strategic Operations Command 3] 1. Regarding the matter in the above reference letter, it is directed to arrange and send thatch to roof yyyy + zzzz camps , so do not fail to send and hand over 2,000 shingles of thatch ( Two thousand shingles ) from the Elder’s Section / Village Tract as specified below, you are informed. Date: 15-12-2000 Note: If [you] fail, are late or the
quantity is low [lower than specified], it will be the responsibility of the
[Sd.]
Copies to - [This is a stock form with blanks as shown. This copy has had the stamp affixed as shown at the top, the blanks have been filled in using a pen with the details shown here in bold italics, the signature and the stamp below the signature have been affixed.] ______________________________________________________________________________ Order #347 (Nyaunglebin) Stamp:
Date:
6-12-2000 Subject: The matter that wood needs to be sent again Regarding the subject matter, in accordance with the directive of [LIB] #xxx Sa Ka Ka Mu [Military Operations Command Commander], send 1 log 9 feet long with circumference 5 [units not given], make [it into] 2 logs at U bbbb’s sawmill at zzzz village, on 7-12-2000 at the latest. After sending [it], report to the Tract Peace and Development Chairperson, you are informed. [Your] Quota of the cost for the entertainment group at the 23-11-2000 ceremony at wwww (3,175K[kyat]), pay [it] to the Tract on 10-12-2000.
[Sd.] cccc ______________________________________________________________________________ Order #348 (Nyaunglebin) To:
[Sd.] 11-12-2000 [On the back this order is addressed "To Chairperson, xxxx Village".] ______________________________________________________________________________ Stamp:
To: Subject: ( Second ) time, a reminder has already been given Reference: (1) According
to the directive of Sa Ba Ha 3 [Strategic Operations 1. According to the reference letter, the Elder’s Section / Village Tract has already been informed to arrange and send thatch ( 1,200 shingles ), but [we] have seen that [you] have not sent them yet until today / have only sent ( --- ). 2. Therefore, as soon as [you] receive this reminder come quickly to contact [us], deliver and hand over ( 1,200 shingles [of thatch] ), you are informed.
Note: If [you] fail, it will be the Elder’s responsibility.
[Sd.]
[This is a stock form with blanks as shown. This copy has had the stamp affixed as shown at the top, the blanks have been filled in with the details shown in bold italics, the signature has been added, and the stamp below the signature has been affixed. The note beginning ‘Decided at…’ was also written in by hand. The ‘current price’ of 20 Kyat per shingle does not mean the villagers will be paid for the shingles, it means they must pay 20 Kyat for each shingle of their quota which they do not send (see Order #350 below).] ______________________________________________________________________________ Stamp:
Village Tract Peace and
Development Council Subject: The matter of arranging and sending thatch shingles Reference: According to the directive letter of Sa Ba Ha [Strategic Operations Command] yyyy Village Tract has to send 2,500 thatch shingles, two thousand five hundred shingles, to the Sa Ba Ha [Strategic Operations Command]. According to the Ma Ya Ka [Township PDC] meeting on 14-12-2000, it was specified that the rate is 20K (twenty Kyat) for one shingle. Therefore, the Elder’s village must pay duty money (8,500K / Eight thousand five hundred) to the yyyy Peace and Development Chairperson on 19-12-2000 at the latest, you are informed. Copies to: Village Chairpersons [The ‘rate’ of 20 Kyat per shingle does not mean the villagers will be paid for the shingles, it means they must pay 20 Kyat for each shingle of their quota which they do not send. In this case the village tract Chairman expects them to pay 8,500 Kyat in lieu of providing 425 shingles. On the back this order is addressed "To U bbbb, U cccc, VPDC, xxxx [village]".] ______________________________________________________________________________ Order #351 (Papun) To: Subject: Come quickly to send the wood that was ordered Regarding the above subject, we ordered [the wood] from the Elder’s village (6 inches x 3 inches, length 13 feet, 100 pieces) and now [that] you have acquired it all, the village head yourself must send it today without fail to the yyyy boat landing, you are informed.
Stamp: [This order was carbon copied and had the village name and the specifications for the wood filled in later.] ______________________________________________________________________________ Order #352 (Papun) To: 1-1-2001 Subject: Come to quickly send the wood which was ordered. Regarding the above subject, we ordered wood from the Elder’s village (3 foot circumference, 6 cubits [9 feet] length, 60 pieces / 8 cubits [12 feet length] 30 pieces). Now as [you] have acquired it all, the Village Head yourself must come today to the yyyy boat landing, you are informed.
Stamp: [This order is identical to Order #351, but was sent to a different village with different quantities of wood demanded.] ______________________________________________________________________________ Order #353 (Dooplaya) Stamp:
To:
Date: 1-1-2001 The wood and bamboo that was ordered to arrive on 2-1-2001 must be sent. If [you] cannot send [it], the chairperson yourself must come to meet with the camp commander, you are informed. If [you] fail, it will be the elder’s responsibility.
[Sd.] ______________________________________________________________________________
Stamp:
4-1-2001 To make a fence for yyyy [Army] Camp, send 400 [pieces of] bamboo to yyyy [Army] Camp to arrive on 6-1-2001 (Saturday). [Sd.] [When the bamboo was not delivered on time, this order was followed by Order #355 below.] ______________________________________________________________________________ Order #355 (Papun) To:
7-1-2001 To make a fence for the camp, [we] ordered [you] to send 400 pieces of bamboo to arrive on 6-1-2001, but the Chairperson yourself must now come with the bamboo to report why it was not sent yet, you are informed. [Sd.] [This order is a follow-up to Order #354 above.] ______________________________________________________________________________ To: With friendliness,
[Sd.] [Villagers press sesame to produce sesame oil. The village head told KHRG that the sesame and wood were given as demanded, but no money was paid for it as promised by the soldiers.] ______________________________________________________________________________
Stamp:
Village Tract Peace and Development Council Subject: To repair 45 camp huts at Frontline
#xx Military Operations Command Headquarters, [we] need Regarding the above subject, for the 45 camp huts [we] estimate 13,315 roofing thatch [shingles], and 100 thatch [shingles] cost 1,500 Kyat, so the total cost is 199,725 Kyat, in words one hundred ninety nine thousand seven hundred twenty five Kyat. To roof the officers’ building with zinc, one sheet of zinc is 650 Kyat, so the total cost for zinc and [zinc roofing] nails is 100,000 Kyat, in words one hundred thousand Kyat. The costs for wooden and bamboo posts, zinc nails, thatch, zinc, and nails is in the table below. Send the allotted things on 20-1-2001 at the latest, you are informed.
[Sd.] [This is a carbon copied order with different village names addressed on each copy. The lists of the writer are confusing and somewhat unclear, and the ‘table’ mentioned is not attached.] ______________________________________________________________________________ Order #358 (Papun) 13-1-2001 To: Writing a letter to let [you] know to come to send bamboo, seven pieces from each house. Do not be late on the 15th. Then for the [dinner] table bring 1 viss [1.6 kg / 3.6 lb] of roosters. We will pay you 500 [Kyat] for the cost. [You] must bring it. An emergency is close.
From [The market value of 1 viss of chicken is at least 1,000 Kyat. The approaching ‘emergency’ probably means the visit of a higher commander.] ______________________________________________________________________________ Order #359 (Nyaunglebin)
Stamp:
To: Subject: ( Second ) time, a reminder has already been given Reference: (1) In accordance with
the directive of Sa Ba Ha 3 [Strategic 1. According to the reference letter, the Elder’s Section / Village Tract has already been informed to arrange and send 350 thatch shingles ( three hundred and fifty ), but [we] have seen that [you] have not sent them yet until today / have only sent ( none ). 2. Therefore, as soon as [you] receive this reminder come quickly to contact [us], deliver and hand over ( 350 shingles [of thatch] ), you are informed. Note: If [you] fail, it will be the Elder’s responsibility.
[Sd.] Copies to - [This is a stock form with blanks as shown. This copy has had the stamp affixed as shown at the top, the blanks have been filled in with the details shown in bold italics, the signature has been added, and the stamp below the signature has been affixed.] ______________________________________________________________________________ Order #360 (Nyaunglebin) To:
[Sd.] 17-1-2001 [The logs demanded are to cover the tops of the underground bunkers at the Army camp. As these bunkers are quite wide, the logs already sent by the villages are too short, so each village is being forced to find, cut and deliver 5 more logs which are at least 7 cubits (‘taung’) long. 7 cubits is approximately 10.5 feet / 3.5 metres, and as cover for bunkers the logs would have to be quite thick. On the back this order is addressed "To Chairperson, xxxx village".] ______________________________________________________________________________ Order #361 (Nyaunglebin)
Stamp:
To: Subject: ( Second ) time, a reminder has already been given Reference: (1) Directive of Sa Ba
Ha [Strategic Operations Command] 1. According to the reference letter, the Elder’s Section
/ Village Tract has already been informed to arrange and send
thatch ( 1,200 shingles
), but [we] have seen that [you] have not sent them yet until today / 2. Therefore, as soon as [you] receive this reminder come quickly to contact [us], deliver and hand over ( 1,200 shingles [of thatch] ), you are informed. Note: If [you] fail, it will be the Elder’s responsibility.
[Sd.] Copies to - [blank] [This is a stock form with blanks as shown. This copy has had the stamp affixed as shown at the top, the blanks have been filled in with the details shown in bold italics, the signature has been added, and the stamp below the signature has been affixed. On the back the sender has written in red ink "After reading this letter, send it back".] ______________________________________________________________________________ To:
Date:
14-2-2001 To repair the camp send without fail, without fail, 30 myaw [posts] and 150 pieces of bamboo to arrive on 15-2-2001, you are informed.
[Sd.] ______________________________________________________________________________ To: From your village [tract], each village must send 1,000 [bamboo] spikes for yyyy Army Camp, to arrive on 20-2-2001. If they are not good, [you] will have to make new ones again. Each spike must be 16 inches long, you are informed.
[Sd.]17-2-2001 [These bamboo spikes are used for making punji-pit style defences around Army camps. Fields of them are stuck in the ground angled outwards. After making and delivering them, the villagers are usually forced to plant them as well. In the stamp below the signature blanks are left which have been filled in with ‘LIB’ and ‘xxx’ to indicate the battalion. On the back this order is addressed "To Chairperson, xxxx Village".] ______________________________________________________________________________ Order #364 (Nyaunglebin)
Stamp:
[To:] aaaa
Subject: The matter of sending Inn Pet [broadleaf thatch] Regarding the subject matter, send a quota of 700 Inn Pet [thatch shingles] from the Elder’s village to the camp. Send [them] to yyyy Camp by 25-2-2001 at the latest, you are informed. Copies to - yyyy Camp
Commander
[Sd.]
bbbb [On the back the above order is addressed to "U aaaa, Village Head, xxxx [village]".] ______________________________________________________________________________ Order #365 (Papun) To: Date: 25-2-2001 Chairperson, xxxx Village For the use of yyyy Army Camp, send 100 pieces of bamboo on 26-2-2001, you are informed. U bbbb [The sender of this order is the village tract Chairman.] ______________________________________________________________________________ Order #366 (Nyaunglebin)
Stamp:
#xxx
Infantry Battalion To: Subject: To gather and send thatch To cover the roof of #xxx Infantry Battalion, gather and send 500 shingles of thatch from the Elder’s village without fail (without fail) to #xxx Infantry Battalion, Battalion Headquarters Office, to arrive on 14-3-2001. Arrange this, you are informed.
[Sd. ‘aaaa’] [This is a carbon copy of a typed order, with the village name and signature written in and the rubber stamp affixed at the top.] ______________________________________________________________________________ Stamp:
1-3-2001 According to what was decided at the meeting, [our village tract] must send 10,000 Da Ni thatch [nipa palm thatch shingles] to Division #xxx. Therefore, the Elder’s village has to take responsibility for 2,000 thatch [shingles]; send [them] to arrive on 7-3-2001, you are informed. (Note) [We] Will give cash payment at the rate of 600 Kyat in cash for each 100 Da Ni thatch [shingles].
[Sd.] 1-3-2001 [The Army Division has demanded 10,000 thatch shingles from the village tract authorities, who must then issue orders like this one to each village demanding a portion of the total. A demand for 10,000 thatch shingles is too large for use roofing local Army camps, and is most likely for the officers to sell on the market for personal profit. This particular village has been allowed only 6 days to produce 2,000 shingles, which will force most of the villagers to drop all of their own work and spend all of their time making thatch for the Army all week. See Order #369 below.] ______________________________________________________________________________ Order #368 (Papun) To: U
aaaa
2-3-2001 The Major from xxx [Light Infantry Battalion] needs the house roofing thatch that [you] have. [He] Will buy it at the current price. Therefore, the Elder’s village must come to deliver whatever thatch [you] have to the yyyy Chairperson’s house on 5-3-2001. If [you] want money in advance, come to get it tomorrow.
[Sd.] ______________________________________________________________________________
Stamp:
4-3-2001 The 2,000 Da Ni thatch [nipa palm thatch shingles] that [we] asked to buy from the Head’s village, [we] don’t need [it] anymore so no need to send [it] to yyyy Army Camp, you are informed.
[Sd.] 4-3-2001 [This order was a follow up to Order #367 above. The village headman who received this order told KHRG, "They replied that they don’t need it so I am very glad. Previously they said that they would give us money for the cost of the thatch, but after they took it they didn’t give the price. They said that they would pay after 3 days. When we went to ask after 3 days, they always said tomorrow or the day after tomorrow. Later those troops were changed so our money disappeared. We always have to give them things for free like that. They said that they would give half the price but they never gave it. That is why I am glad [that they have cancelled the demand this time]."] ______________________________________________________________________________ Order #370 (Papun) Stamp:
5-3-2001 For the needs of yyyy Camp, send hill toddy thatch, wah bo bamboo and myaw [roof support poles] from xxxx village to yyyy Camp to arrive on 31-3-2001, as specified below. (1) Hill toddy
thatch = 300 [shingles] [The village head has written in below:] ______________________________________________________________________________ Order #371 (Dooplaya)
Stamp:
Village
Tract Peace and Development Council To: Subject: Bamboo sections are needed to build
camp huts for accommodation at the local battalion, and Regarding the above subject, send without fail 100 bamboo sections for the 56th Anniversary of Army Day [Armed Forces Day, March 27th each year] sports festival, and 100 pieces of bamboo for flag sticks at yyyy hill school, on 9-3-2001, and send quickly the servant support money, you are informed.
[Sd.] 5/3/2001 [Armed Forces Day on March 27th is the SPDC’s biggest festival. The bamboo being demanded is to build temporary accommodation for the festival, and to use as flag sticks for many small flags, which village children will probably be forced to hold and wave as the soldiers march past. ‘Servant support money’ means either money in lieu of forced labour, or money to feed the forced labourers currently held by the Army.] ______________________________________________________________________________ Order #372 (Papun) Stamp:
To: Chairperson
Subject: Informing to send Da Ni [nipa palm thatch] / hill toddy-palm thatch Regarding the above subject matter, to repair the rations storehouse and the people’s [soldiers’] living huts at yyyy Camp, from the Elder’s Village come to send 500 [shingles of] Da Ni [nipa palm thatch] / hill toddy-palm thatch to yyyy Camp on 30-3-2001, to arrive at yyyy Camp, you are informed.
[Sd.]
9/3 ______________________________________________________________________________ To: U
aaaa
9-3-2001 Have already told [you] to help with 500 K [kyat] for the landmine clearing bullock cart, so come to deliver it today. Also come to deliver the house roofing thatch for Teacher Midwife.
[Sd.] [These particular villages are forced to drive their bullock carts along roads to detonate landmines if they do not pay fees to avoid it. See also Orders #377, 380, and 402 about the same topics.] ______________________________________________________________________________ Order #374 (Papun)
Stamp:
Date:
11-3-2001 From the Head’s village, send without fail a quota of 1,000 Da Ni thatch [nipa palm thatch shingles] and 200 pieces of white bamboo, to arrive on 15-3-2001, you are informed. Note:
[Sd.] ______________________________________________________________________________ Order #375 (Nyaunglebin) To: Subject: Demanding help with bamboo Regarding the subject matter, help with 5 pieces of straight Wah Boh Wah [a species of giant bamboo] for the use of our yyyy camp, and send it to arrive on 19-3-2001, asking for [your] help.
[Sd.] Sgt. ______________________________________________________________________________ Order #376 (Papun)
Stamp:
15-3-2001 Subject: The matter of bringing Da Ni [nipa palm] thatch Regarding the above subject, in accordance with the Village Heads meeting which was held at the Ya Ya Ka [VPDC] office on 10-3-2001, of the 5,000 nipa palm thatch [shingles] required for the use of the Army Camp, [we] have already informed and let [you] know that the Elder’s village must take responsibility for 1,000 nipa palm thatch [shingles], and to send [it] to arrive on 15-3-2001. [It] Has not yet arrived as of today. Therefore, send these 1,000 nipa palm thatch [shingles] to the Army Camp to arrive on 17-3-2001, you are informed again.
[Sd.] 15-3-2001 ______________________________________________________________________________ To: U
aaaa
20-3-2001 For the yyyy midwife’s house, haven’t you got the thatch? [You] Haven’t come to deliver [it] yet. Come to deliver it quickly. [We] Haven’t seen a single shingle of thatch for the DKBA until now. The DKBA come to ask very often. What to tell them? If [you] can get some, come to deliver it quickly. The specified date has also passed. As for the matter of the bullock cart for clearing landmines, [we] have not received 500 K [kyat] for a month now. If it is not convenient [to pay], come and let [me] know the reason. Do not speak badly to me later. [Light Infantry Battalion] xxx is asking for help of 250 thatch [shingles]. Come deliver it to arrive tomorrow. If [you] can’t send, the Elder yourself must come to clear it with the Battalion Commander.
[Sd.] [These particular villages are forced to drive their bullock carts along roads to detonate landmines if they do not pay fees to avoid it. See also Orders #373, 380 and 402.] ______________________________________________________________________________ Order #378 (Papun)
Stamp:
Date:
21-3-2001 Subject: According to the decision of the meeting, zzzz Camp will use thatch, so each village must send 500 thatch [shingles] when they receive this letter, you are informed.
(U aaaa) ______________________________________________________________________________ Order #379 (Nyaunglebin) To:
Date:
22-3-01
[Sd] 23-3-01 [On the back this order is addressed "To Chairperson, xxxx [village]".] ______________________________________________________________________________ To: U aaaa
24-3-2001 Thatch for the midwife, thatch for the DKBA, thatch for xxx [Light Infantry Battalion], any kind [of thatch] has not arrived yet. The Army and DKBA come to look every day. So when [you] receive this letter, come to deliver it tomorrow and the Elder yourself must come to meet with the Chairperson, you are informed. If U aaaa is not free to come, U bbbb must come. [We] Will clear the matter of the landmine clearing bullock cart at the same time. Finish carrying out the other matter from before, letting [you] know and informing [you].
[Sd.] [This order is a follow-up to Order #377. See also Orders #373 and 402. ] |
______________________________________________________________________________ To: U aaaa
28-3-2001 Why didn’t [you] come to the meeting that was called by the
Army today? Also come to deliver the thatch for the DKBA. If [you] don’t deliver it, [I] won’t take any responsibility for whatever problems will happen. The Army has been coming to ask for thatch every day.
[Sd.] [The above order is related to Orders #373, 377, 380, 383, 388, and 402.] ______________________________________________________________________________ Order #382 (Nyaunglebin) To:
Date: 31-3-01
[Sd.] [On the back this order is addressed "To Chairperson, xxxx village".] ______________________________________________________________________________ To: U
aaaa
1-4-2001 To cut the roadsides on 3-4-2001, one person from each house must go to cut at the place where they have cut before. [Sd.] [This order is related to Orders #373, 377, 380, 381, 388, and 402. ‘Cutting the roadsides’ means clearing all scrub from strips ranging from 10 metres to 50 metres wide along both sides of vehicle roads in order to create a ‘killing ground’ to protect SPDC columns from ambush and make it difficult for resistance forces to cross the road.] ______________________________________________________________________________ Order #384 (Thaton) Wooden myaw [roof support
poles] - 50 pieces Send the 50 myaw as above to yyyy [Army] Camp on the 12th waxing day of Dta Gu month [April 5th 2001].
[Sd.] 1/4/01 [On the back this order is addressed "To [Village] Head, xxxx Village".] ______________________________________________________________________________ Order #385 (Nyaunglebin)
Stamp:
Date: 3-4-2001
U
aaaa - U bbbb Subject: The matter of sending Inn Pet [broadleaf thatch] Regarding the subject matter, to roof the xxxx [town] People’s Police Camp, in accordance with yyyy village tract’s [assigned] responsibility of 1,200 shingles of Inn Pet [thatch], send a quota of 200 shingles of Inn Pet [thatch] from the Elder’s village to xxxx People’s Police Camp by 4-4-2001 at the latest, you are informed. After sending it, [you must] keep the receipt that it has been received. Go and sell the 10 baskets of beans that were already specified to the xxxx Buying Centre.
[Sd.] cccc [The "10 baskets of beans" mentioned in the above order are part of a crop quota which farmers are forced to sell to the SPDC at far below market prices. On the back this order is addressed, "To U aaaa, U bbbb, Village Heads, xxxx [village]".] ______________________________________________________________________________ Order #386 (Nyaunglebin)
Stamp: Subject: The matter of sending bamboo spikes Regarding the above subject, the Elder’s village has been allocated duty for bamboo spikes, each 3 taung [cubits] in length, so go without fail and hand them over to the zzzz Frontline Office by the deadline date of 7-4-2001, you are informed. If [you] fail, it will be the Elder’s responsibility.
[Sd.] [The bamboo spikes are used for building defences at Army camps; 3 taung is 1.5 metres/4.5 feet. KHRG obtained identically worded copies of this order sent to several villages.] ______________________________________________________________________________ Order #387 (Papun)
Stamp:
Subject: The matter of asking for nipa palm thatch According to the list, the Elder’s village has to take responsibility for nipa palm thatch for yyyy Army Camp. The Elder yourself must bring along 1,000 nipa palm thatch [shingles] to the yyyy VPDC office on 15-4-2001 at 9 o’clock in the morning. You are informed. (Note) Do not
fail.
[Sd. 8-4-001] [KHRG obtained identically worded copies of this order which were sent to several villages.] ______________________________________________________________________________ To: U
aaaa
8-4-2001 Thatch for the DKBA, thatch for the teacher [midwife], thatch for xxx [Light Infantry Battalion], [you] have not done any of it yet. [We] Do not know any reason yet. [We] Want to know what is the situation. For that, come to coordinate with the yyyy Chairperson tomorrow on 9-4-2001, Monday, at (10) o’clock in the morning, you are informed. If [you] fail, it will be the Elder’s responsibility. Bring along 500 K [kyat] for the landmine clearing bullock cart. If U aaaa is busy, ask U bbbb to come. The Army is asking very often. I have to tell them lies. Do not fail to come.
[Sd.] [This order is a follow-up to Order #383, and is also related to Orders #373, 377, 380, 388, and 402.] ______________________________________________________________________________ Order #389 (Thaton) To: [I] Received the letter written by Mother [Village] Head. I had requested 8 pieces of wood [logs]. [You] Do not need to split them. They will be split at the sawmill, which is in yyyy. Send only the wood that [you] have now. [We] Will cut it into the sizes needed when it arrives here. With thanks,
[Sd.] ______________________________________________________________________________ Order #390 (Papun)
Stamp: [To:] Head, xxxx [village] To roof the storehouse at the Army camp hill gather 1 viss [1.6 kg / 3.6 lb] of long bamboo ties and 1 viss of the short kind from the Elder’s village. Send it now along with the person who brings this letter. If you don’t have it on hand come and send it to arrive at 3 o’clock in the evening. Note: It cannot be that you can’t get the bamboo ties.
[Sd.] [Bamboo ties are shaved bamboo strips used to tie things together when building.] ______________________________________________________________________________ Order #391 (Papun) To: xxxx [village] Chairperson 24-4-01 The matter of thatch for yyyy [Army camp]. Regarding the above subject, send 700 shingles of thatch from xxxx village to yyyy. [You] Have to carry and send [them] all tomorrow, 25-4-01. If you fail it is the responsibility of the [Village] Head. [This order was unsigned. There is no way a village could produce 700 shingles of thatch in one day; it will take several days of labour at least, unless they already have them on hand.] ______________________________________________________________________________ Order #392 (Papun) To: xxxx [village] Chairperson 24-4-01 The matter of the thatch for yyyy Army camp Regarding the above subject, carry and send 1,500 shingles of thatch from xxxx village to yyyy Army camp on 25-4-01, tomorrow. It is the responsibility of the [Village] Head. [This order was unsigned. There is no way a village could produce 1,500 shingles of thatch in one day; it will take a week of labour at least, unless they already have them on hand.] ______________________________________________________________________________ Order #393 (Papun) To: Subject: To send bamboo and split bamboo
[Sd.] Captain ______________________________________________________________________________ Order #394 (Papun)
Stamp:
Subject: To send bamboo and split bamboo
[Sd.]
Captain ______________________________________________________________________________ Order #395 (Papun)
Stamp:
27-4-2001 I am writing a letter. To make a fence for the camp, send quickly Wah Pyu Gyi [‘big white bamboo’, a type of bamboo] and long split bamboo on the most convenient date. Respectfully,
[Sd.] Captain [On the back this order is addressed "To Chairperson, xxxx Village".] ______________________________________________________________________________ Order #396 (Dooplaya) To: Chairperson U aaaa (xxxx [village]) [You] Must send 50 bamboo from the Elder’s village to the camp tomorrow morning, you are informed. [Sd.] ______________________________________________________________________________ Order #397 (Dooplaya) Stamp:
To: The subject is: to plant rainy season vegetables at the camp, send about 100 plants with a person who is coming here, you are informed.
[Sd.] ______________________________________________________________________________ Order #398 (Nyaunglebin)
Stamp: To: Subject: The matter of gathering the wood required for the Kyauk Kyi - Than Bo bridge The bridge over the Than Bo River, 200 feet long, connects Kyauk Kyi to Than Bo. The bases of the posts have rotted, and if they are not repaired in time the water will wash them away and the bridge will be destroyed. In order to repair the bridge in time, find and gather logs as specified below, and pile them above [upstream from] the Than Bo bridge, you are informed. (a) xxxx tract Diameter 10’ /
Length 20’ of Thay Ma [hardwood], (30) pieces
[Sd.] Copies to: [This is a typed and carbon-copied order with the details shown in italics added in by hand. It demands hardwood logs in the quantity specified from the 3 village tracts indicated, and these same villages will most likely be used for forced labour rebuilding the bridge supports. The specifications for the logs in the original document are as shown above; Diameter 10’ (10 feet) was probably meant to mean 10" (10 inches), but the length appears correct at 20’ (20 feet). Than Bo (a.k.a. Thaung Bo) is a village with an Army camp just north of the town of Kyauk Kyi on the road which then turns eastward toward Papun District (it is shown on KHRG maps of Nyaunglebin District).] ______________________________________________________________________________ Order #399 (Dooplaya) To: 7-5-2001 Send 25 shingles of roofing thatch from the Chairperson’s village with tomorrow’s letter carrier, asking for [your] help.
[Sd.] 7-5-01 [There is no postal service in this area, so the ‘letter carrier’ means the villager going for a shift of forced labour as a messenger.] ______________________________________________________________________________ Order #400 (Dooplaya) Stamp:
Date:
9-5-2001 Send without fail 500 pieces of bamboo to arrive on 15-5-2001, you are informed and letting [you] know.
[Sd.] ______________________________________________________________________________ Order #401 (Dooplaya) Stamp:
Village Tract Peace and
Development Council
To:
Date:
12-5-Year 2001 Subject: The matter of demanding help with bullock carts to build the new 2-storey school building Regarding the above matter, bullock carts are needed to gather the stone for building the new 2-storey school building. Therefore, in accordance with the stone quota, send 240 big tins of stone tomorrow on 13-5-2001. This stone must arrive on time tomorrow at Kyaikdon additional High School, letting [you] know and you are commanded.
[Sd.]
U aaaa 12-5-2001 [A ‘big tin’ is a square biscuit tin, measuring about 25 cm (10 inches) square by 35 cm (14 inches) deep. This forced labour will involve villagers gathering the sand from riverbanks, measuring it, then using their bullock carts and teams to deliver it, all by the following day. The order refers to the ‘additional’ high school, meaning a second building which is being built for the school.] ______________________________________________________________________________ To: U
aaaa + U bbbb 13-5-2001 Send the 5 viss [8 kg/17.5 lb] of medicine [probably meaning tobacco] that the DKBA requested, send [it] with the set tha [forced labour messenger] who comes now [bringing this letter]. The [Light Infantry Battalion] xxx Adjutant Captain wants to meet. If [you are] not free today, come to meet tomorrow. Arrange the landmine-clearing bullock cart fee for this month, the fifth month, and give it to the set tha [forced labour messenger who brings this letter] now at the same time. [This paragraph is in Sgaw Karen language:] Pu aaaa, if you need the percussion lock firearm, come to get it from me. I have already kept [it] for a long time. I went to find you at zzzz but didn’t see you. Send thatch for the Teacher [meaning the village midwife].
[Sd.] [These particular villages are forced to drive their bullock carts along roads to detonate landmines if they do not pay fees to avoid it. For additional references to the thatch for the midwife and the landmine-clearing bullock cart, see Orders #377 and 380.] ______________________________________________________________________________ Order #403 (Pa’an) To: Subject: Demanding thatch / bamboo Regarding the above subject, to build xxxx High School the materials below are demanded from the Elder’s village. Send them to arrive on 24-5-2001, you are informed.
Stamp:
[This is a typed and carbon-copied order with the village name written in by hand. On the back this order is addressed, "xxxx Village - Emergency, Urgent".] ______________________________________________________________________________ Stamp:
22-5-01 Subject: Requesting wood Regarding the above subject, to make electrical poles and a chicken shed, help by supplying 10 tons of teak and hardwood, you are requested.
[Sd.]
bbbb [Given the amount demanded and the specification of teak and hardwoods, it is more likely that this wood is to be sold for the profit of the officers rather than used for a chicken shed and electrical poles.] ______________________________________________________________________________ Order #405 (Papun)
Stamp:
To: Date:
25-5-2001 Emergency (roofing) repairs are needed for yyyy Camp, so [you] must send 200 shingles of nipa palm [thatch] to arrive on 27-5-2001, you are informed.
[Sd.] 25/5 ______________________________________________________________________________ Order #406 (Dooplaya) To: 27-5-2001 The Chairperson’s village must send 100 roofing thatch [shingles] and 50 pieces of bamboo to arrive on 29-5-2001, asking for your help.
[Sd.]
27-5-01 ______________________________________________________________________________
Stamp:
Village Tract Peace and Development Council To: Subject: Informing about sending fenceposts to build fences for the Village Tract hospital Regarding the above subject, for fencing, send without fail fenceposts over 6 feet in length, 60 fenceposts [altogether], on Friday 8-6-2001 at the latest. [We] Will build the fence on Saturday so send [them] without fail, you are informed.
[Sd.] 4/6/2001 [This is a carbon copy of a handwritten order, with the village name and signature written in and the stamps affixed on each copy.] ______________________________________________________________________________ Order #408 (Papun) To:
Stamp:
Date:
6-6-2001 If [you] can get durian, [we] will buy 100 [durian] fruits at the agreed price. Reply whether you can get / cannot get using this set tha [‘messenger’, the villager doing forced labour as a messenger who has delivered this letter] now by writing a letter. [We] Will not accept small fruits. Find and gather 100 big [durian] fruits and send [them] to yyyy to arrive tomorrow morning. When [they] arrive, [we] will give the price. Reply by letter now. [They are] Needed urgently, so send [them] to arrive tomorrow morning.
[Sd.] [This order is included here because it involves forced labour gathering the durian fruit, which grow in large trees in the forest and are difficult to gather, and then more forced labour delivering it to the Army; not to mention the ‘set tha’ forced labour of the person who delivered this letter. Several villagers will have to abandon whatever work they needed to do that day in order to accomplish this task. On the back this order is addressed "To xxxx (Chairperson), 8/6/2001".] ______________________________________________________________________________ Order #409 (Pa’an) To: For the use of the Battalion Camp, come and send 300 thatch [shingles] from the Elder’s village without fail to arrive on 10-6-2001, you are informed.
Stamp:
Note: Will pay money for the cost. [This is a typed and carbon-copied order with the village name written in by hand.] ______________________________________________________________________________ Order #410 (Nyaunglebin)
Stamp:
To: Stamp: URGENT Date:13-6-2001 Subject: Must
send bamboo Regarding the above subject, the Elder’s village must come and deliver 300 pieces (three hundred pieces) of bamboo (white bamboo) tomorrow evening or the day after tomorrow (14-6-2001 in the evening or 15-6-2001 in the morning) to the front of the yyyy office (People will be waiting at yyyy). Important - Send it without fail. The other village tracts are busy helping to build an embankment for planting trees. [They are] Carrying this out along the xxxx vehicle road. [We are] Only asking for bamboo from the Elder’s village tract. Carry it out without fail. Stamp:
IMPORTANT
[Sd.] ______________________________________________________________________________ Order #411 (Papun) Stamp:
To: Date:
19-6-2001 xxxx village must send 100 shingles of thatch for the office and 1 viss [1.6 kg/3.5 lb] of sesame paste with this set tha [messenger], you are informed.
[Sd.] [On the back this order is addressed "To Head, xxxx village, 19/6/2001. Send a few limes."] ______________________________________________________________________________ Order #412 (Nyaunglebin)
Stamp:
Township
Peace and Development Council To: Chairperson Subject: The matter of arranging and delivering 15 pieces of bamboo Regarding the above subject, for use at the model planting ground, [you] must arrange and deliver 15 pieces of wah net bamboo or kya loh bamboo, each 15 cubits [7 m/22.5 ft] long, to arrive at the Township office on 22-6-2001, you are informed.
[Sd.] Copies to: Receipt [Handwritten note:] Must gather the 15 pieces of kya loh bamboo or wah net bamboo at U bbbb’s house, yyyy village. [This is a typed letter with the dates, the number of bamboo and their length written in by hand.] ______________________________________________________________________________ Order #413 (Dooplaya) To: Subject: To build the Army camp 1) Regarding the above subject, for use in building yyyy Army Camp, come and send 500 bamboo, 100 smooth posts, and 500 thatch from xxxx village. 2) The Chairperson himself must come.
[Sd.] ______________________________________________________________________________ Order #414 (Papun)
Stamp:
To: Head Date:
6-7-2001 Subject: The matter of inviting [you] to a meeting The #xx Strategic Operations Commander of Southwest Command Headquarters has to meet, discuss and coordinate with the elders, so attend without fail a meeting at yyyy VPDC Office on 8-7-2001 at 10 o’clock in the morning, you are informed. Note: The Elder yourself must attend the meeting. (600) nipa palm thatch [shingles] were requested from the Elder’s village. Bring along the wontan [servant] money for the 6th month [June], 5,000 [Kyat] in cash, and the 600 nipa palm thatch [shingles], you are informed.
[Sd.] [On the back this order is addressed "To [Village] Head, xxxx [Village], Important Letter".] ______________________________________________________________________________ Order #415 (Dooplaya)
Stamp: 6-7-2001 To: Chairperson To build a watchtower, [you] must send 3 posts of pyin k’doh [ironwood] with circumference of 4 handspans and length of 8 handspans to yyyy Camp to arrive on 8-7-2001, requesting your help.
Respectfully, ______________________________________________________________________________ Order #416 (Thaton)
Stamp:
To: Subject: Informing [you] to send bamboo and myaw dtine [house posts] [You] Were informed to send 200 pieces of bamboo and 50 posts for yyyy [Army] camp, but have sent only 60 pieces of bamboo, so send 140 pieces of bamboo and 50 posts to arrive on 8-7-2001, you are informed. [Sd.] ______________________________________________________________________________ Order #417 (Nyaunglebin)
Stamp:
Frontline
#xxx Infantry Battalion To: Chairperson Subject: Must gather and send nipa palm / thatch Regarding the above subject, the buildings of Frontline #xxx Infantry Battalion, which is based at Strategic Command Hill, are collapsing and dilapidated, so to repair them the Elder’s village must come without fail to deliver 25 nipa palm / thatch [shingles] and 10 bamboo each [family] on 9-7-2001 to arrive at 0700 hours. The Chairperson / Secretary yourselves must gather [the people and materials] and come to deliver them, you are informed.
[Sd.] [Nipa palm or other leaves can be used to make thatch; by using ‘nipa palm / thatch’ the order implies that either nipa palm or other materials can be used. Though it is not explicitly stated, this order requires the villagers to go and do forced labour reconstructing Army camp buildings as well as preparing the materials for the repairs. On the back this order is addressed as follows:] Important Stamp: To:
Chairperson (U aaaa) Important ______________________________________________________________________________ Order #418 (Papun)
Stamp:
[To:] Head Date:
8-7-2001 Subject: For the teaching school #xx Operations Command [orders that] in order to build the
teaching school toilet,
[Sd.] [Note that the budget items listed add up to 4,230 Kyat, not 4,330; either the village tract head cannot add or he wants to keep some of the money.] ______________________________________________________________________________ Order #419 (Dooplaya)
Stamp: To: Chairperson - xxxx village Subject-- The matter of specifying quotas for wood for the new 2-storey additional school building atKyaikdon Ah Hta Ka [High School] Note: The wood that is being sent must not be scarred, broken, or let ya, and must be pyinkado [ironwood] - pidaut [gum-kino], informing the Chairperson - Secretary.
bbbb
[Sd.] 14-7-2001 Copies to: [page 2 of original begins here] Register of the wood quotas to be met for the Kyaikdon Village Tract new 2-storey additional High School building 1. Win
Lone Village
: : 5 x 2
-16
feet 60
pieces [The second column of the above table indicates plank measurements in inches, followed by the length specified in the third column. This order requires the villagers to cut and haul logs, then pay to get them milled and deliver them to the project. It is a carbon copy of a typed order with the village name, date and letter number written in by hand on the first page. The order was issued by the SPDC authorities at the village tract level in Kyaikdon, a heavily garrisoned SPDC-controlled village in central Dooplaya. It mentions the Karen Peace Army, a group created by the SPDC under the command of Thu Mu Heh, a KNLA commander who defected to the SPDC in 1997. The group was initially given authority (under the SPDC) over some parts of Dooplaya District but was gradually marginalised. It is also relevant to note that before his defection to the SPDC, Thu Mu Heh was heavily into commercial logging and was known for corruption.] ______________________________________________________________________________ Order #420 (Papun) Subject: Requesting help with thatch / myaw [roofing posts] / bamboo
Stamp: To build the camp at Frontline #xxx Light Infantry Battalion, yyyy [Army] Camp, the materials below are needed, so the Elders’ villages must send them to arrive on 17-7-2001, requesting this help. (a) Thatch
roofing
(250) aaaa
[village]
Chairperson Letter No. xxx / xx / Oo 1
[Sd.] [‘Myaw’ are roof support poles of wood or bamboo. The numbers in the list indicate the number of pieces in the case of bamboo, shingles of thatch, or ‘viss’ (1.6 kg/3.5 lb) of bamboo ties. On the back this order is addressed "Chairperson, xxxx Village".] |
______________________________________________________________________________ Order #421 (Nyaunglebin) [To:] 19-7-2001 [I] Met U bbbb who was going up to xxxx [village], so [I’m] writing this letter [to send with him]. [I] Sent a letter regarding wood with Ko cccc yesterday, but don’t know if it was received [by you]. Will it be difficult to get 1 ton of 4x2 / 5x2 hardwood, ironwood? [I] Will look at the quality and want to measure the timber at yyyy [Army camp]. Measure it approximately at xxxx [village]. Will pay the money after confirming [the quality and quantity]. Make it good wood. If split / worm-holed / scarred, the "footage" will be decreased by a bit. When it is finished and ready, [I] will send the boat. That is all. [Sd.] [The money promised for demands like the one in the order above often goes unpaid, or such a small quantity is paid that it is far below the costs of the village. ‘Saya’ is a respectful form of address meaning ‘Teacher’ but applied to others as well.] ______________________________________________________________________________ Order #422 (Dooplaya) [To:] Chairperson U aaaa (xxxx / yyyy [villages]) Date: 19-7-2001 Send 100 pieces of bamboo to the camp tomorrow morning, respectfully asking for your help. [Sd.] Camp Commander (zzzz Camp) ______________________________________________________________________________ Order #423 (Nyaunglebin) Stamp:
Chairperson, [we are] repairing yyyy Camp so [we] need bamboo. Each village must send 200 pieces of the small fencing bamboo to arrive on 21-7-2001. Also make and bring along 5,000 pieces of one-foot long bamboo spikes with 2 ends sharpened. For our leader, [send] 1 viss [1.6 kg/3.5 lb] of chicken from each village, [we] will pay the cost. Do not fail to send it to arrive on 21-7-2001.
[Sd.] [One-foot long bamboo spikes are used for making punji-pit style defences around Army camps. Fields of them are stuck in the ground angled outwards. Not only are the villagers forced to supply the fencing bamboo and spikes, they are usually also forced to make the fences and plant the spikes. This order was followed by Order #424 below.] ______________________________________________________________________________ Order #424 (Nyaunglebin) Mother: The next time when ordered, do it properly. Son gives orders when needed. If not needed, [I] don’t give orders. Carry out properly the things that are ordered as best you can.
[Sd.] [This order followed Order #423 when the bamboo and spikes were not delivered on time. It is common for Army officers to address village headwomen as ‘Mother’ and themselves as ‘Son’. In the context of Army-village relations, this order carries a strong implicit threat.] ______________________________________________________________________________ Order #425 (Thaton) Stamp:
xxxx Mother [Village] Head Daw aaaa, send 200 pieces of bamboo for the camp to arrive on 24-7-2001. [Sd.]
[On the back this order is addressed to "xxxx [village]".] ______________________________________________________________________________ Order #426 (Papun)
Stamp:
Date:
24-7-2001 Subject: The matter of sending thatch Regarding the above subject, the remaining 350 thatch [shingles] from the Head’s village have not arrived yet. Therefore, as soon as this letter is received, send it without fail on 27-7-2001, you are informed.
[Sd.] [On the back this order is addressed "To [Village] Head, xxxx [Village]".] ______________________________________________________________________________ Order #427 (Nyaunglebin) To: Try to send the bamboo / [bamboo] spikes that Son has ordered.
[Sd.] [This relates to the demands in Orders #423 and 424.] ______________________________________________________________________________ Order #428 (Papun)
Stamp:
To:
[Village] Head Date:
27-7-2001 Subject: The matter of requesting nipa palm thatch and the toilet for the teaching school The 350 nipa palm thatch [shingles] which the #xx Strategic Operations Commander requested from the Elder’s village have not arrived yet, so send them to arrive on 29-7-2001, you are informed. Note: Bring also the carpenter fee of
4,500 Kyat in cash for the teaching school toilet.
[Sd.] [This order is a carbon copy, with the number ‘350’ (of thatch shingles) and the signature written in ink, and the stamps affixed to the copy. On the back this order is addressed "To [Village] Head, xxxx [Village], Important letter, (Urgent)".] ______________________________________________________________________________ Order #429 (Dooplaya) To: 5-8-2001 The Elder must send without fail 30 pieces of bamboo from the Elder’s village to zzzz Camp on 6-8-2001. If [you] fail, it will be the Elder’s responsibility, you are informed. [Sd.] ______________________________________________________________________________ Order #430 (Dooplaya) To: Date:
5-8-2001 As soon as this letter is received, the Elder’s village must send quickly 1 bundle of fencing bamboo from each household to (yyyy) Camp, you are informed. [Unsigned] ______________________________________________________________________________ Order #431 (Dooplaya) To: 6-8-2001 The Elder must send without fail 30 pieces of bamboo from the Elder’s village to zzzz Camp on 7-8-2001. If [you] fail, it will be the Elder’s responsibility, you are informed. [Sd.] ______________________________________________________________________________ Order #432 (Dooplaya) To: The Elder must send 15 pieces of bamboo from the Elder’s village on 12-8-2001. That is 30 pieces from the 2 villages. If [you] fail, it will be the Elder’s responsibility, you are informed. [Sd.] ______________________________________________________________________________ Order #433 (Dooplaya) To: 11-8-01 The Elder’s village must send 15 pieces of bamboo from the Elder to yyyy camp to arrive on 12-8-01, you are informed. More bamboo is needed so we are demanding again. If [you] fail, it will be the Elder’s responsibility. [Sd.] ______________________________________________________________________________ Order #434 (Dooplaya) To: Elder, bamboo is needed urgently, so send 25 pieces of bamboo from the Elder’s village, 50 from the 2 villages, to arrive on 17-8-2001, you are informed. If [you] fail, it will be the Elder’s responsibility. 50 pieces from the 2 villages. [Sd.] ______________________________________________________________________________ Order #435 (Toungoo)
Stamp:
[To:]
Chairperson / Secretary Date:
17.8.01 yyyy Army Camp is requesting the things named below, so the villages must comply fully on 20-8-01. 1. Betelnut plant seedlings /
seeds
500
plants / pieces Cut the bamboo that is needed and comply completely [and stack it] along the vehicle road on 20-8-01. Must send the betelnut seed to arrive at yyyy on 20-8-01. [Sd.] [This is a carbon-copied order with the village name, the signature, and the last note (shown in italics here) written in by hand.] ______________________________________________________________________________ Order #436 (Toungoo)
Stamp:
To: Date: 18.8.01 Subject: The matter of cutting myaw posts for the needs of yyyy Army Campyyyy Army Camp has informed [me] that the Elder’s village must cut 60 myaw posts [roof support poles] 6 cubits [9 ft/2.8 m] long, on the [same] day for cutting bamboo, 20-8-01. Cut them at the same time [as the bamboo previously demanded] and pile [them] on the vehicle road. Circumference of the myaw posts is to be one handspan.
[Sd.] [The references to the ‘day for cutting bamboo’ relate to the demand that the village cut bamboo and stack it by the roadside which was given in Order #435. This order is a carbon copy with the village name, signature, and note on the circumference (shown in italics here) written in by hand.] ______________________________________________________________________________ Order #437 (Dooplaya) To: 19-8-2001 Subject: Reporting the status of completion of sawing the wood Regarding the above subject, the Operations Command Camp issued an order for 125 pieces of wood, [a report on] the status of completion of the other orders for wood, and ordered that [all the wood] be sent to arrive on August 20th. Therefore, reply about the status by letter with the set tha [messenger] who comes now, you are informed. Send rice and the other things which the Column has stored (the things which are in the Chairperson’s house) at the same time along with the set tha [messenger], you are informed.
[Sd.] [On the back this order is addressed "To xxxx Village Secretary. From Ka Ka Group xxx, Column (Reply by letter)". ‘Ka Ka’ may be short for ‘Sa Ka Ka’, which is the abbreviation for Military Operations Command.] ______________________________________________________________________________ Order #438 (Dooplaya) To: Chairperson - xxxx village Date: 19-8-2001 U aaaa’s village must send 50 pieces of small bamboo to the camp to arrive tomorrow, you are informed. Respectfully, [Sd.] Send a few vegetables with the person who will bring the information. [‘The person who will bring the information’ is the villager who will deliver the village head’s regular intelligence report which he is forced to provide. On the back this order is addressed "To give to Chairperson, xxxx [village], U aaaa".] ______________________________________________________________________________ Order #439 (Dooplaya) To: xxxx, yyyy [Villages] Date: 22-8-2001 On 23-8-2001 [you] must send 50 pieces of small bamboo to arrive at zzzz Camp, you are informed. [Sd.] zzzz Camp [On the back this order is addressed "To Chairperson, xxxx Village".] ______________________________________________________________________________ Order #440 (Dooplaya) Stamp:
Date:
31-8-2001
[Sd.] [The camp has sent one example basket to the 3 villages and ordered them to make and deliver 4 similar baskets each. On the back this order is addressed to "Chairperson U aaaa, xxxx Village".] ______________________________________________________________________________ Order #441 (Dooplaya)
Stamp: Date:
31-8-2001 Subject: Must send ka nyin thatch (200 shingles) Regarding the above subject, as soon as this letter is received the Elder yourself must come quickly to send 200 shingles of ka nyin thatch from the Elder’s village. If [you] fail it will be the Elder’s responsibility, you are informed.
[Sd.] [‘Ka Nyin’ thatch is made from the leaves of a large forest tree.] ______________________________________________________________________________ Stamp: To: Date:
2-9-2001 Subject: Reply by letter regarding how much thatch has arrived or not arrived at xxxx Regarding the above subject, you were already ordered to keep the thatch from the villages, [whether the quota is] complete/not complete, and write letters to the villages which have not sent any yet. Write a letter about the quantity of thatch. Chairperson must reply to the Column about the quantity of thatch by letter with the letter sentry who has come now [the forced labour messenger who has just delivered this order document].
[Sd.] 2-9-01 [The village head who received this had previously been ordered to demand and gather thatch for the Army from all the villages in the area; this letter was sent because the village head had not yet reported to the Column Commander on the progress of gathering the thatch. This is a typical example of Army officers forcing the village heads to issue orders on their behalf.] ______________________________________________________________________________ Order #443 (Dooplaya) To: Chairperson U aaaa Date: 3-9-2001 [You] Must send 50 pieces of small bamboo from the Elder’s village to yyyy Camp tomorrow morning, respectfully asking for your help. [Sd.] ______________________________________________________________________________ Order #444 (Papun)
Stamp:
Frontline
#xxx Light Infantry Battalion To: Subject: Asking for help assisting with the needed materials for the camp Frontline #xxx Light Infantry Battalion at yyyy Camp needs the materials shown below from the Elders’ villages, so from each village, the Elders yourselves must gather them and come without fail (without fail) on September 12th, year 2001, to give them, asking for help. [Sd.] ______________________________________________________________________________ Order #445 (Dooplaya) [To:] Chairperson
Stamp: Send 50 thatch [shingles] to roof the huts. Must send it to arrive on the 7th. [Sd.] ______________________________________________________________________________ Order #446 (Dooplaya) To: Date:
10/9/2001 Send 50 pieces of bamboo to the camp tomorrow morning, you are respectfully informed. Also send 2 big pieces of htee mo boh bamboo [a type of large bamboo commonly split lengthwise and used as a gutter to catch rainwater].
[Sd.] ______________________________________________________________________________ Order #447 (Pa’an) Stamp:
To: Subject: To send baskets For the use of the Battalion, send without fail 4 baskets, baskets (of the outermost skin of bamboo) 2 taung [cubits] in depth, inside diameter [one] taung [plus one] fist, to arrive on the 12th waning day of Wa Kaun month [15th of September], you are informed. Place : yyyy
[Army camp]
[Sd.] [The baskets are to be woven from the outermost skin shaved from bamboo, which is the normal material used for baskets. ‘Taung’ is a unit of measurement from the elbow to the fingertip, and a ‘fist’ is the diameter of a closed fist, so the depth of the baskets is to be about 3 feet / 90 cm. (2 taung), and the inside diameter is to be about 21 inches/55 cm. (1 taung + 1 fist). These baskets are most likely for use when the Army column gives loads to villagers doing forced labour as porters. Identical copies of this order were sent to several villages.] ______________________________________________________________________________ Order #448 (Pa’an) Stamp:
To: Subject: To send baskets For the use of the Battalion, send without fail 4 baskets, baskets (made of wah kyaw [the shaved outermost skin of bamboo]) 2 cubits [3 ft/1 m] in depth, with inside diameter [one] cubit [plus one] fist [2 ft/60 cm], to arrive on the 12th waning day of Wa Kaun month [15th of September], you are informed. Place : yyyy
[Army Camp]
[Sd.] [This is a carbon copy with the village name and signature written in by hand.] ______________________________________________________________________________ Order #449 (Papun) [To:] xxxx [Village] Send thatch, bamboo and myaw posts [roof support poles] to arrive tomorrow on 7-10-2001.
yyyy
[Army] Camp [The village head says he received this letter on October 6th 2001 at 4 o’clock in the afternoon. The SPDC Light Infantry Battalion #xxx Commander Lt. Colonel aaaa ordered him to send 200 pieces of bamboo and 100 pieces of wood for repairing their camp at yyyy. The village head went to send the 200 pieces of bamboo and 100 pieces of wood on October 20th. He says the SPDC never gave any payment to the workers.] ______________________________________________________________________________ Order #450 (Papun) Stamp:
xxxx [village] Village head:
yyyy
[Army] Camp [The village head says that the SPDC soldiers from yyyy Camp demanded 200 bamboo and 10 logs each 4 handspans in circumference and 12 cubits [18 ft/5.5 m] in length. The village head asked the villagers to go and send them to the camp on October 8th 2001.] ______________________________________________________________________________ To: Subject: The matter of sending bamboo, nipa palm [thatch] and wooden posts The Elder’s village has been given the duty to send bamboo, nipa palm [thatch] and wooden posts to yyyy Army Camp, but they haven’t arrived yet as of today. Therefore, as soon as this letter is received send them quickly, you are informed. If [you] fail, action will be taken.
[Sd.]
15/10/2001 [The village head says he complied with this order and sent on October 20th the 200 pieces of bamboo, 500 shingles of thatch and 100 pieces of wood which had been demanded, because if he doesn’t send things the commanders send more letters and he is afraid.] ______________________________________________________________________________ To: Village Head Subject: Sending bamboo and nipa palm [thatch] Duty was already assigned [to your village] to send bamboo and nipa palm [thatch] to our Army Camp but they have not been sent yet as of today, so when this letter is received send them without fail, you are informed again. If [you] fail, [you] will have to send more than the quantities [originally] specified. If [you] fail completely, action will be taken.
[Sd.]
15/10/2001 [The village head complied with this order and sent 100 bamboo and 500 shingles of thatch on 19/10/01.] ______________________________________________________________________________ Order #453 (Papun) Mother [Village] Head, [We are] Repairing the Camp, so help [us] with 200 pieces of bamboo from Mother Head’s village. They are needed for repairing the Camp, so send [them] to arrive on Oct. 21st. [The villagers say that six of them went to cut the bamboo on October 20th 2001, then delivered it to xxxx Army Camp. They were not paid anything for their labour. Normally, the villagers could sell 100 pieces of this type of bamboo for 3,000 Kyat.] |
The Village Act and the Towns Act
These two colonial-era Acts provide a legal basis for forced labour to be demanded in certain circumstances. The International Labour Organisation (ILO) has pressed the SPDC and its predecessors since the early 1960s to repeal or rewrite these Acts with no success - instead, the Ne Win regime only made the wording even stronger. In reality, these Acts are never cited by SPDC authorities or military units when demanding forced labour, and most officials and officers are probably not aware of their contents. As can be seen from the text below, most of the forced labour used in Burma today is not allowed by the Acts; it is demanded for purposes outside those specified, payment is not given, "reasonable excuses" are not accepted, and the labour is not restricted to the specified limits of time and distance. We have included extracts from them here because they are directly referred to by the subsequent SPDC orders ‘banning’ forced labour (these are presented in Appendix B).
The Towns Act was originally enacted in 1907, and the Village Act in 1908. The full text of these two Acts is almost 20 pages long, so we have only included the excerpts below which are directly relevant to forced labour. These excerpts are reproduced from Appendix 13 of the ILO High Level Team report of November 2001 (ILO Document Number GB.282/4) and Chapter 11 of the ILO Commission of Inquiry report (1997), both of which quoted from the English version of the Acts sent to the ILO by the SLORC regime in 1993; to our knowledge, there has been no revision of the Acts since then. However, prior to 1993 there had been several changes, some of which made the Acts even stronger; we have included notes on these changes below, comparing the 1993 version to the 1944 version as published by the British colonial regime in The Burma Code, Volume 3 (1944). The full text of both ILO reports mentioned above is available online at www.ilo.org.
Extracts from the Village Act, 1908 (1993 English Version)
Section 8(1)
Every headman shall be bound to perform the following public duties, namely:
…
(g) to collect and furnish, upon receipt of payment for the same at such rates as the Deputy Commissioner may fix, guides, messengers, porters, supplies of food, carriage and means of transport for any troops or police posted in or near or marching through the village-tract or for any servant of the Government travelling on duty: provided that no headman shall requisition for personal service any resident of such village-tract who is not of the labouring class and accustomed to do such work as may be required;
…
(n) generally to assist all officers of the Government in the execution of their public duties; and
(o) generally to adopt such measures and do such acts as the exigency of the village may require.
Section 11
Every person residing in the village-tract shall be bound to perform the following public duties, namely:
…
(d) on the requisition of the headman or of a rural policeman, to assist him in the execution of his duties prescribed in sections 7 and 8 of the Act and the rules made under the Act.
Explanation – A requisition under clause (d) may be either general or addressed to an individual.
Section 12
If any person residing in a village-tract refuses or neglects to perform any of the public duties imposed upon him by this Act or by any rule thereunder, he shall, in the absence of reasonable excuse, the burden of proving which shall lie upon him, be liable
(i) by order of the headman, to fine …, or
(ii) by order of the village committee, on the case being referred to it by the headman, to fine … , or to confinement for a term not exceeding 48 hours in such place as the Deputy Commissioner may appoint in this behalf, or to both, or
(iii) on conviction by a Magistrate, to fine … , or to imprisonment for a term not exceeding one month, or to both.
Extracts from the Towns Act, 1907 (1993 English version)
Section 7(1)
The headman of a ward shall be bound to perform the following public duties, namely:
… [note: paragraph (l), the key paragraph, is omitted in the ILO reports. The ‘Provided that’ clause below applies to paragraph (l); see notes below]
Provided that no headman shall requisition for personal service any resident of such ward who is not of the labouring class and accustomed to do such work as may be required; and
(m) generally to assist all officers of the Government and municipal officers in the execution of their public duties.
Section 9
Persons residing in a ward shall be bound to perform the following public duties, namely:
…
(b) on a general or individual requisition of the headman to assist him in the execution of his public duties.
Section 9A
If any person residing in a ward refuses/neglects to perform any of the public duties imposed upon him by this Act or any rule thereunder, he shall, in the absence of reasonable excuse, the burden of proving which shall lie upon him, be liable, on conviction by a Magistrate, to a fine …
Notes on the above texts and changes to the Acts
Between 1944 and 1993 several changes were made to the wording of the Acts, which can be seen by comparing the above texts as provided by the SLORC in 1993 with the text of the Acts as published in The Burma Code, Volume 3 (1944). Some of these changes are minor or semantic; for example, "Crown" has been replaced by "Government", and "at such rates as the Deputy Commissioner, with the sanction of the Commissioner, may from time to time fix" has been changed to "at such rates as the Deputy Commissioner may fix". However, some of the changes are directly relevant to the use of forced labour. Compare the text above of the Village Act, Section 8(1) paragraph (g), to the 1944 version which follows:
Every headman shall be bound to perform the following public duties, namely:
…
(g) to collect and furnish, upon receipt of payment for the same in advance, at such rates as the Deputy Commissioner, with the sanction of the Commissioner, may from time to time fix, guides, supplies of food, carriage and means of transport for any troops or police posted in or near or marching through the village-tract or for any servant of the Crown travelling on duty and, on the written order of the Deputy Commissioner, for any traveller.
Provided that, except in the case of troops or police, the provisions of this clause shall apply only to the headmen of village-tracts which are notified by the Deputy Commissioner, with the sanction of the Commissioner, as being village-tracts where the conditions are such that the furnishing of services or supplies as specified above at reasonable rates is not ensured.
Provided also that no headman shall be bound to collect supplies beyond the limits of the village-tract of which he is headman, or to furnish carriage or means of transport for more than twelve hours’ journey from such village-tract, unless the Deputy Commissioner certifies in writing that it is necessary in the public interests that carriage or means of transport should be supplied for a longer period, in which case the Deputy Commissioner shall fix higher rates of payment than the rates of payment for journeys of twelve hours or less.
Provided also that no headman shall requisition for personal service any resident of such village-tract who is not of the labouring class and accustomed to do such work as may be required;
Several changes are important. Between 1944 and 1993, "guides, supplies of food, carriage and means of transport" has been changed to "guides, messengers, porters, supplies of food, carriage and means of transport"; the addition of messengers and porters broadens the Act to allow more forms of forced labour. The 1944 Act specified payment "in advance", while the 1993 Act simply specifies "payment". The first proviso, which specifies that other than for troops or police, such labour cannot be conscripted if it would be possible to hire it on reasonable terms, has been removed from the 1993 version, as has the second proviso, which limits the journey to 12 hours without specific written permission and reiterates that the labour must be paid at rates dependent on the length of the journey. Both of these provisos were removed by Act 29 passed in 1947, but some of the other changes were made later.
The Towns Act is very similar in content and wording to the Village Act. The equivalent to Section 8(1) paragraph (g) of the Village Act is Section 7(1) paragraph (l) of the Towns Act, which stated as follows in 1944:
The headman of a ward shall be bound to perform the following public duties, namely:
…
(l) to collect and furnish, upon receipt of payment for the same in advance at such rates as the Deputy Commissioner, with the sanction of the Commissioner, may from time to time fix, guides, supplies of food, carriage and means of transport for any troops or police posted in or near or marching through or near the town.
Provided that no headman shall be bound to collect supplies beyond the limits of the ward of which he is headman, or to furnish carriage or means of transport for more than twelve hours’ journey from such town unless the Deputy Commissioner certifies in writing that it is necessary in the public interests that carriage or means of transport should be supplied for a longer period, in which case the Deputy Commissioner shall fix higher rates of payment than the rates of payment for journeys of twelve hours or less.
Provided also that no headman shall requisition for personal service any resident of such ward who is not of the labouring class and accustomed to do such work as may be required;
As noted in the earlier excerpts of the 1993 version, the ILO has failed to include this key paragraph in its reports, showing only the proviso that follows it. It was probably omitted because its wording is almost identical to the equivalent paragraph of the Village Act, which implies that the same changes have been made in the Towns Act as noted above for the Village Act. These would include the addition of messengers and porters to the types of labour which can be conscripted, the removal of the condition that payment be made "in advance", and the removal of the first proviso in the 1944 text which places limits on the time and distance for forced labour.
The ILO reports also fail to quote Section 10 of the 1993 version of the Village Act, which allows village headmen to be punished for failing to provide forced labour, as stated below in the 1944 version:
Section 10
If a headman or a rural policeman neglects to perform any of the public duties imposed on him by this Act or any rule thereunder, or abuses any of the powers conferred upon him by this Act or any such rule, he shall be liable, by order of the Deputy Commissioner, to pay a fine not exceeding fifty rupees.
The ILO has also neglected to include the equivalent section of the Towns Act, Section 9, which is worded almost identically. It is probable that no significant changes were made to these sections between 1944 and 1993. Section 11 of the Village Act and Section 9 of the Towns Act, which explain that demands for forced labour can be placed either on an individual or can be "general", meaning they can be imposed on an entire village, ward, village tract or other collective, were not changed between 1944 and 1993. Nor were Section 12 of the Village Act and Section 9A of the Towns Act, which allow people who fail to do forced labour to be punished with fines or imprisonment. However, there is a key clause in Section 12 of the Village Act and Section 9A of the Towns Act which states, in both the 1944 and 1993 versions, that a villager or townsperson can be punished for not doing forced labour "in the absence of reasonable excuse", meaning that if a person has an illness in the family, important work to do in the fields, or other essential obligations they do not have to perform forced labour. While this clause is present in all of the English versions of the Acts, it is glaringly absent in the current Burmese language versions of both Acts. The SPDC allows no exemptions.
It is very revealing that the revisions to the Acts between 1944 and 1993 have only made them stronger, despite the ILO’s repeated calls that all powers to conscript forced labour be removed. The SLORC and SPDC regimes have always protested that it will take a great deal of time, study and governmental process before the Acts can be changed, but this is clearly not true as the Acts have been changed on several occasions already. While neglecting to change wording which is no longer applicable (such as the references to a ‘Deputy Commissioner’, a position which no longer exists), the Burmese regimes have made changes as noted above which alter the scope and meaning of the Acts.
SPDC Orders ‘Banning’ Forced Labour
The texts of the SPDC orders included below have been extracted from Appendix 13 of the International Labour Organisation (ILO) High Level Team report of November 2001 (ILO Document Number GB.282/4). The full text of the ILO High Level Team’s report and appendices are available online at www.ilo.org .
The texts below are the English texts supplied by the SPDC to the ILO of Order 1/99 (May 14, 1999), the Home Ministry order of October 27th 2000, and Lt. Gen. Khin Nyunt’s order of November 1st, 2000 (the ‘secret directive’ banning forced labour on development projects allegedly issued by the SLORC in 1995 is not included here, as it was never circulated or implemented and has been superseded by these more recent orders). As documented in previous KHRG reports and the reports of other organisations, Order 1/99 was never circulated at any level of the civilian or military authorities, and was most likely only written to be shown to the ILO and other international organisations. Similarly, when the Home Ministry order and Khin Nyunt’s order were first sent to the ILO texts were only provided in English, and no Burmese texts were forthcoming until later despite repeated requests by the ILO. Burmese texts of these latter two orders only appeared in Burma in 2001 when it was becoming clear that an ILO team would visit Burma to assess their implementation. After this time, all three of the orders below began to be circulated in Burma, though as the order documents in this report and other evidence shows, they have not been effectively implemented.
Order 1/99
Government of the Union of Myanmar,
The Ministry of Home Affairs.
Order No. 1/99
Yangon, the 15th Waning of Kason 1361, M.E.
(14th May 1999)
Order directing not to exercise powers under certain provisions
of The Towns Act, 1907 and The Village Act, 1907 [sic: the Village Act is dated 1908]
1. The Government of The Union of Myanmar, the Ministry of Home Affairs hereby issues this Order under the directive of the Memorandum dated 14-5-99, Letter No. 04/Na Ya Ka (U)/Ma Nya of the State Peace and Development Council.
2. Under Section 7 of the Towns Act, 1907, powers have been conferred on the Chairmen of the Ward Peace and Development Councils to enable them to execute their public duties. Among such powers, the right to requisition for personal service of the residents of the ward is provided in Sub-section (1)(l) and (m) of Section 7. It is provided in Section 9 that residents of the ward shall fulfil the duty assigned under the said power and it is provided in section 9A that on failing to fulfil such duty, action may be taken against them.
3. Similarly, under Section 8 of the Village Act, 1907 also, powers have been conferred on the Chairmen of the Village Tract Peace and Development Councils to enable them to execute their public duties. Among such powers, the right to requisition for personal service of the residents of the village tract is provided in Sub-section (1)(g), (n) and (o) of section 8. It is provided in section 11(d) that the residents of the village tract shall fulfil the duty assigned under the said power and it is provided in section 12 that on failing to fulfil such duty, action may be taken against them.
4. In order to make the Towns Act, 1907 and the Village Act, 1907 conform to the changing situation such as security, administrative, economic and social conditions within the internal domain of the State, the Ministry of Home Affairs has been scrutinizing and reviewing as to how the said Acts should be amended, inserted and deleted, in coordination with the relevant ministries, Government departments and organizations.
5. As such, this Order is hereby issued directing the Chairmen of the Ward and Village Tract Peace and Development Councils and the responsible persons of the Department of General Administration and the Myanmar Police Force not to exercise powers under these provisions relating to requisition for personal service prescribed in the above-mentioned Towns Act, 1907 and the Village Act, 1907, until and unless any further directive is issued, except for the following circumstances:
(a) requisition for personal service in work or service exacted in cases of emergency on the occurrence of disasters such as fire, flood, storm, earthquake, epidemic diseases that would endanger the existence or the well-being of the population;
(b) requisition for personal service in work or service which is of important direct interest for the community and general public and is of present or imminent necessity, and for which it has been impossible to obtain voluntary labour by offer of usual rates of wages and which will not lay too heavy a burden upon the present population.
6. Any person who fails to abide by this Order shall have action taken against him under the existing law.
(Signed)
Col. Tin Hlaing;
Minister,
Ministry
of Home Affairs.
Circulation:
(1) Office of the
Chairman of the State Peace and Development Council;
(2) Office of the
State Peace and Development Council;
(3) Office of the
Government;
(4) Supreme
Court;
(5) Office of the
Attorney General;
(6) Office of the
Auditor General;
(7) Public
Services Selection and Training Board;
(8) All
Ministries;
(9) Director
General, Department of General Administration (Forwarded for information and
for further circulation of the copy of this Order to the State, Divisional, District and
Township Administrative Officers Subordinate to him);
(10) Police Major General, Myanmar
Police Force (Forwarded for information and for further
circulation of the copy of this Order to the relevant departments and organizations
subordinate
to him);
(11) Director General,
Department of Special Investigation;
(12) Director General,
Prisons Department;
(13) All State and Divisional
Peace and Development Councils;
(14) All District Peace and
Development Councils;
(15) All Township Peace and
Development Councils (Forwarded for information and for further
circulation of the copy of this Order to the Chairmen of the Ward and Village Tract Peace
and
Development Councils Subordinate to it);
(16) Managing Director,
Printing and Publishing Enterprise (with a request for publication in the
Myanmar Gazette).
______________________________________________________________________________
Order Supplementing Order 1/99, October 27th 2000
The Government of the Union of Myanmar,
The Ministry of Home Affairs,
Yangon, 1st Waxing of Tazaungmon 1362, M.E.
(27 October 2000)
Order supplementing Order No. 1/99
The Ministry of Home Affairs of the Government of the Union of Myanmar, under the direction of the State Peace and Development Council, hereby directs that the following amendment shall be made to Order No. 1/99 dated 14 May 1999 as requisition of forced labour is illegal and is an offence under the existing laws of the Union of Myanmar.
1. Clause 5 of the said Order 1/99 shall be substituted with the following:
(a) Responsible persons including members of the local authorities, members of the armed forces, members of the police force, and other public service personnel shall not requisition work or service notwithstanding anything contained in sections 7(1) and 9(b) of the Towns Act, 1907, and sections 8(1) and 11(d) of the Village Act, 1907.
(b) The above clause (a) shall not apply to the requisition of work or service when an emergency arises due to fire, flood, storm, earthquake, epidemic disease, war, famine and epizootic disease that poses an imminent danger to the general public and the community.
2. When the responsible persons have to requisition work or service for purposes mentioned in clause 1(b) of this Supplementary Order the following shall be complied:
(a) The work or service shall not lay too heavy a burden upon the present population of the region.
(b) The work or service shall not entail the removal of workers from their place of habitual residence.
(c) The work or service shall be important and of direct interest for the community. It shall not be for the benefit of private individuals, companies or associations.
(d) It shall be in circumstances where it is impossible to obtain labour by the offer of usual rates of wages. In such circumstances, the people of the area who are participating shall be paid rates of wages not less favourable than those prevailing in the area.
(e) Schoolteachers and pupils shall be exempted from requisition of work or service.
(f) In the case of adult able-bodied men who are the main supporters of the necessities of food, clothing and shelter for the family and indispensable for social life, requisition shall not be made except only in unavoidable circumstances.
(g) The work or service shall be carried out during the normal working hours. The hours worked in excess of the normal working hours shall be remunerated at prevailing overtime rates.
(h) In case of accident, sickness or disability arising at the place of work, benefits shall be granted in accordance with the Workmen’s Compensation Act.
(i) The work or service shall not be used for work underground in mines.
3. When the responsible persons have to requisition work or service for purposes mentioned in clause 1(b) of this Supplementary Order, they shall do so only with the permission of the Deputy Commissioner of the General Administration Department who is also a member of the relevant District Peace and Development Council.
4. The State or Divisional Commissioner of the General Administration Department who is also a member of the relevant State or Divisional Peace and Development Council shall supervise the responsible persons to abide by the Order No. 1/99 and this Supplementary Order.
5. The phrase "Any person who fails to abide by this Order shall have action taken against him under the existing law" contained in clause 6 of the said Order No. 1/99 means that any person including local authorities, members of the armed forces, members of the police force and other public service personnel shall have action taken against him under section 374 of the Penal Code or any other existing law.
(Signed)
Col. Tin Hlaing,
Minister,
Ministry
of Home Affairs
Letter No. Pa-Hta-Ya / 2-3 (3140) / Oo3
Dated: 27 October 2000
Circulation:
(1) Office of the Chairman of the State Peace
and Development Council;
(2) Office of the State Peace and Development Council (forwarded for the issuance of
further directives to State, Divisional, District and Township Peace and Development
Councils for supervision not to requisition forced labour);
(3) Office of the Government;
(4) Supreme Court;
(5) Office of the Attorney-General;
(6) Office of the Auditor-General;
(7) Public Service Selection and Training Board;
(8) Ministry of Defence (forwarded for the issuance of further directives to all units
under its command for supervision not to requisition forced labour);
(9) Ministry of Progress of Border Areas and National Races and Development Affairs
(forwarded for the issuance of further directives to relevant departments and regional
work committees stationed at border areas subordinate to it for supervision not to
requisition forced labour);
(10) All other Ministries;
(11) Director-General, General Administration Department;
) (forwarded for the issuance
of
) further directives to departments
(12) Police Major General, Myanmar Police Force
) and
organizations subordinate to
) him for supervision not to
(13) Director-General, Bureau of Special
Investigation;
) requisition forced labour)
)
(14) Director-General, Prisons Department
)
(15) All State/Divisional Peace and Development Councils;
) (forwarded for the issuance of
) further directives to
(16) All District Peace and Development
Councils;
) organizations subordinate to
) them for supervision not to
) requisition forced labour)
(17) All Township Peace and Development Councils (forwarded for the issuance of further directives to wards and village-tracts subordinate to them for supervision not to requisition forced labour);
(18) Managing Director, Printing and Publishing Enterprise (for publication in the Myanmar Gazette).
______________________________________________________________________________
Additional Instruction to State and Divisional Peace and Development Councils, November 1st 2000
The Union of Myanmar,
The State Peace and Development Council.
Letter No. 04/Na Ya Ka (U)/Ma Nya
Dated: 1 November 2000
To: Chairpersons,
All State
and Divisional Peace and Development Councils
Subject: Prohibiting requisition of forced labour
1. The Ministry of Home Affairs which administers the Towns Act, 1907, and the Village Act, 1907, issued, under the directive of the State Peace and Development Council, Order No. 1/99 on 14 May 1999. The Order directs responsible persons not to exercise powers under certain provisions of the said Acts relating to requisition of forced labour and stipulates actions that are to be taken against any violation. …
2. After the issuance of Order No. 1/99, to be in conformity with the changing situations, the Ministry of Home Affairs under the direction of the State Peace and Development Council issued the Order Supplementing Order No. 1/99 on 27 October 2000. The Supplementing Order renders the requisition of forced labour illegal and stipulates that it is an offence under the existing laws of the Union of Myanmar. Responsible persons, including the local authorities, members of the armed forces, members of the police force and other public service personnel are also prohibited not to requisition forced labour and are instructed to supervise so that there shall be no forced labour. …
3. Therefore, it is hereby directed that the state and divisional peace and development councils shall issue necessary instructions to the relevant district and township peace and development councils to strictly abide by the prohibitions contained in Order No. 1/99 and the Supplementing Order of the Ministry of Home Affairs and also to effectively supervise to ensure that there shall be no forced labour within their respective jurisdictions.
4. Responsible persons, including members of the local authorities, members of the armed forces, members of the police force and other public service personnel who fail to abide by the said Order No. 1/99 and the Supplementing Order shall be prosecuted under section 374 of the Penal Code or any other existing laws.
By order,
(Signed)
Khin Nyunt,
Lieutenant-General,
Secretary
(1),
The
State Peace and Development Council.
Copies to:
(1) Office of the Chairman of the State Peace and Development
Council;
(2) Office of the Government;
(3) Supreme Court;
(4) Office of the Attorney-General;
(5) Office of the Auditor-General;
(6) Public Services Selection and Training Board; and
(7) All Ministries.
[End of Report]
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General Forced Labour
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