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UNCLAS SECTION 01 OF 02 GUANGZHOU 000008 
 
SENSITIVE 
SIPDIS 
STATE FOR EAP/CM, DRL 
 
E.O. 12958: N/A 
TAGS: ELAB KTIP PHUM CH
SUBJECT: Forced Labor Conference Draws High Interest in Fujian 
 
¶1. (SBU) Summary: For local labor associations eager to learn more 
about combating forced labor in China, a recent International Labor 
Office (ILO) sponsored conference should have been just the right 
venue.  However, for them, as for many officials, a lack of relevant 
legislation and legal precedent creates complications about how best 
to address an issue with so many seemingly gray areas.  ILO 
officials -- undoubtedly aware that U.S. law prohibits the 
importation of prison-labor products into the United States and that 
Chinese regulations ban any export of prison-made products -- urged 
companies to do their best to steer clear of prison-made goods. 
While promoting a new handbook to assist employers and business 
combat forced labor, one ILO official lamented that current economic 
difficulties make it more difficult to convince employers to take a 
serious look at forced labor issues.  End summary. 
 
Awareness Rising, but Answers Elusive 
------------------------------------- 
 
¶2. (U) More than 100 industry and labor representatives packed into 
the aisles December 11 to attend the China Enterprise Confederation 
and International Labor Office (ILO) sponsored workshop on 
Addressing Forced Labor.  The meetings, held in Xiamen, one of our 
Virtual Presence Posts, were similar to the previous day's 
activities that had been held in Zhangzhou, also in Fujian Province. 
 ILO Special Action Program to Combat Forced Labor Head Roger Plant 
said that the Zhangzhou meetings had involved government labor and 
social security bureaus and employers organizations, while the 
Xiamen event consisted of employers, trade associations and some 
labor NGOs. 
 
China's Legal System at the Crux of the Problem 
--------------------------------------------- -- 
 
¶3. (SBU) Shortcomings in China's legal system can make it difficult 
to define forced labor conditions, according to ILO International 
Labor Standards Specialist Tim de Meyer.  After several attendees 
asked what practices constituted forced labor, de Meyer noted that 
clear-cut incidents of forced labor -- such as the Shanxi brick kiln 
case -- were easy to distinguish, but that in borderline cases 
UN/ILO language relies heavily on the host-country's legislation and 
legal framework to make a determination.  The challenge, said de 
Meyer, is that China's legal system often lacks the necessary 
legislation or legal precedent to clearly differentiate between 
conditions of forced labor and other illegal labor practices. 
 
ILO: Stay away from Prison Labor 
-------------------------------- 
 
¶4. (SBU) Plant gave one clear piece of advice to private company 
executives attending the conference: make every effort to keep 
supply chains free from prison labor.  (Note: U.S. law prohibits 
goods produced by prison labor into the United States, and a 1991 
Chinese declaration bans the export of prison-made goods from China. 
 End note.)  The only exception from an ILO perspective, according 
to Plant, is work performed by prisoners under "normal conditions," 
which the ILO defines as voluntary work done in "conditions 
approximating those of free workers," including issues of reasonable 
remuneration, conditions of work and contributions to social 
security programs.  (Comment: Because China's prison labor system 
includes individuals who have not been convicted by a court -- 
people who, by definition, are engaged in forced labor -- it 
presumably would be difficult for companies to be confident they 
were not benefiting from forced labor.  Because information about 
China's prisons, including associated labor camps and factories, is 
viewed as a state secret and is tightly controlled, the ILO 
distinctions -- though perhaps useful in other countries -- are 
generally unhelpful in this case.  End comment.) 
 
New Resource: A Handbook for Employers and Business 
--------------------------------------------- ------ 
 
¶5. (SBU) ILO officials urged employers to consult the ILO's new 
publication, "Combating Forced Labor: A Handbook for Employers & 
Business," to aid in compliance with international standards. 
Described by ILO Research and Projects Officer Philip Hunter as "hot 
off the press," the handbook includes sections on frequently asked 
questions, a checklist and guidance for assessing compliance, a 
guide for taking action and several case studies.  Hunter noted that 
the ILO does not have the ability to accredit companies as compliant 
in the avoidance of forced labor practices, but said that employers 
following the guidelines contained in the handbook basically would 
be compliant with the ILO's guiding principles.  The handbook may be 
accessed online at 
 
GUANGZHOU 00000008  002 OF 002 
 
 
http://www.ilo.org/sapfl/News/lang-- en/WCMS_099621/index.htm. 
Hunter lamented that convincing employers to take a serious look at 
forced labor issues was especially difficult under current economic 
conditions, but said he hoped that multinationals -- especially 
large U.S. companies operating in China -- would find the handbook 
useful and lead the way for their suppliers to integrate ILO labor 
principles. 
 
GOLDBERG