VZCZCXYZ0007
RR RUEHWEB

DE RUEHKV #0119 0220648
ZNR UUUUU ZZH
R 220648Z JAN 09
FM AMEMBASSY KYIV
TO RUEHC/SECSTATE WASHDC 7110
RUEHC/DEPT OF LABOR WASHINGTON DC
INFO RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RUEHGV/USMISSION GENEVA 0163

UNCLAS KYIV 000119 
 
SIPDIS 
 
DEPT OF LABOR FOR DOL/ILAB - RACHEL RIGBY 
STATE FOR DRL/ILCSR (MMITTELHAUSER), G/TIP (SSTEINER), AND 
EUR/UMB (RBMARCUS) 
 
E.O. 12958: N/A 
TAGS: ELAB ETRD EIND PHUM SOCI KTIP UP
SUBJECT: EMBASSY KYIV COMMENTS ON DOL DRAFT LIST OF GOODS 
PRODUCED BY CHILD, FORCED LABOR 
 
REFS: A) STATE 3075 
      B) KYIV 95 
      C) 2008 KYIV 953 
      D) 2008 STATE 41381 
 
¶1. As requested by ref A, Post would like to comment on the 
draft list of foreign-produced goods that the Department of 
Labor has reason to believe are produced by forced labor or 
child labor.  Ref B contained Post's latest information on 
child labor in Ukraine, and ref C specifically addressed 
the potential for Ukrainian goods to be produced by forced 
or child labor. 
 
¶2. Post does not/not believe that coal from Ukraine should 
be listed as a good derived from forced or child labor.  As 
refs B-C point out, neither child nor forced labor is 
suspected of being used at any of Ukraine's official coal 
mines, either state-owned or privatized.  Child labor in 
this sector is limited to small, unsanctioned, illegal coal 
mines, and actual cases are believed to be few.  In 
addition, the amount of coal produced by such illegal mines 
is insignificant compared to the sector as a whole, and it 
is very unlikely that coal produced by such mines could 
ever be exported.  Another factor worth considering is that 
the GOU has made progress in recent years in eliminating 
child labor at these mines; recent surveys conducted by the 
ILO indicate that enhanced GOU enforcement efforts have at 
least eliminated child labor underground at unsanctioned 
coal mines. 
 
¶3. Jerry Triplett, President of Partnership for Energy and 
Environmental Reform (PEER), which implements the 
Department of Labor's Coal Mine Safety Program and has 
worked directly with Ukrainian coal mines for many years, 
confirmed to Econoff on January 14 that PEER has never 
encountered child labor at any Ukrainian mines.  Triplett 
said he believed any incidents of child labor were 
isolated, likely only occurring at family-run "dog holes" - 
- i.e. very small, unlicensed, bootlegging operations. 
 
¶4. In Ukraine, placing Ukrainian coal on the Department of 
Labor's list would undoubtedly generate surprise and 
demands for evidence of significant child labor at mines. 
Post has no such evidence and would request details on 
sources used should the Department of Labor keep Ukrainian 
coal on the list.  If concrete, convincing evidence cannot 
be produced, then we expect the GOU, politicians of all 
colors, and the local media to quickly accuse the USG of 
ulterior motives, aimed at perhaps creating an unfair 
competitive advantage for U.S. mines by slandering Ukraine. 
 
¶5. Post has no objection to keeping pornography on the 
list. 
 
TAYLOR