BurmaNet News: November 3-4 2002

[editor at burmanet.org]

November 3-4 2002 Issue #2015

INSIDE BURMA

Narinjara: Rice prices go up in western Burma
DVB: About 1,300 political prisoners in Burma
Narinjara: Furore over the rape of two Rakhaing girls in Burma

DRUGS

Bangkok Post: Wa launder proceeds at gems auction

GUNS

Irrawaddy: Karenni rebels in talks with junta
Onasa News Agency: Bosnian Serb premier says arms exports to Burma never
proceeded
Kaladan: 2 army killed and 2 others wounded in landmine blast

REGIONAL

Australian Broadcasting Corporation: ASEAN criticized for failure to
criticize Burma
M2 Press Wire: ADB GMS leaders pledge closer economic and regional
cooperation at historic summit
Irrawaddy: Burmese and Filipino sisters share ideas
Narinjara: Burmese prisoners in Bangladesh jail on another hunger strike

INTERNATIONAL

Myanmar Times: Pinheiro urges United Nations to get ready to help Myanmar
American Prospect: Globalism in the dock; Burmese villagers sue Unocal in
an L.A. courtroom

STATEMENTS

ASEAN People’s Forum 2002: ASEAN activists criticize ASEAN leaders fro
avoiding dialogue


____INSIDE BURMA_______

Narinjara News
November 4 2002

Rice prices go up in Western Burma

Maungdaw, 4 November 02:  The price of rice, the staple food of Burma, has
gone up once again in Rakhine State in  the western part of Burma,
according to our correspondent.  The price of a 50 kilo bag of fine rice
sells at kyat 25,000 while the coarse variety sells at 16,000 kyat at
Maungdaw, the town bordering with Bangladesh.
Many of the travellers who can cross the border to the nearby Bangladeshi
town of Teknaf across the Naaf River take back up to 20 kilos of rice on
their return home.  Though rice was previously used to be smuggled or
exported to Bangladesh from Buthidaung and Maungdaw Townships, the
scarcity of rice in the area has been caused due to the Burmese junta's
ban on transportation of rice to Buthidaung and Maungdaw townships from
inside the Rakhine State.
The BDR, Bangladeshi border security forces, also allow the Burmese
tourists to carry small amounts of rice on humanitarian ground, it is
understood.  The price of a bag of rice in Teknaf is about kyat 12,600
which is equal to taka 700.  Previously the price of rice in Teknaf was
about taka 550, which shot up to taka 700 as the Burmese rice no more gets
smuggled into the country.
The poorer section of the people in Maungdaw have now to eat the sticky
rice gruel as the bag of sticky rice is selling at kyat 12,500 in the open
market.
As there is a scarcity of rice in the area, farmers are forced by the
Burmese military junta officials to harvest even the hardly ripe rice from
the fields to meet the acute rice shortage.    Every day only 200 bags of
rice are brought in by the junta officials for the consumption of the army
personnel in the area.  There is no quota of rice for the civilian
population in the two townships bordering with Bangladesh, apparently due
to rice shortage in the interior areas of the country, which has caused
the recent famine in the area, our correspondent concluded.
_______

Democratic Voice of Burma
November 3 2002

About 1,300 political prisoners in Burma

UN special human rights envoy Mr Pinheiro said there are about 1,300
political prisoners still incarcerated in Burmese jails. Meanwhile, UN
Secretary General Kofi Annan urged junta and pro-democracy leader Aung San
Suu Kyi to quickly launch talks laying the groundwork for democracy. UN
special envoy Mr Razali is to visit Burma on 12 Nov.
_________

Narinjara News
November 4 2002

Burmese prisoners in a Bangladesh jail on another hunger strike

Two hundred and thirty seven Burmese prisoners in the Bandarban prison, in
the southeastern hilly district of Bangladesh bordering with Burma, some
of whom have overstayed their prison terms by as much as nine years
threatened to resort to another ‘fast unto death’ hunger strike unless
they are repatriated, according to our correspondent.
As the prisoners started their hunger strike on Saturday the District
Commissioner of Bandarban visited the prison and called on them to refrain
from ‘such meaningless acts’ on condition that he would try his best to
take measures for solving their prolonged detention.  In reply the
prisoners told the DC that, they would go for mass suicide unless
immediate steps are taken to repatriate or free them.
The prisoners who were arrested for illegal entry to Bangladesh had
already undergone various prison terms under the existing laws of the
land.  Though their terms of detention have ended long since, they have
not been freed for the bureaucratic confusion resulting from the Burmese
junta’s refusal to recognize them as their own citizens.  “Many of the
‘released’ prisoners come from homes forcefully relocated by the Burmese
junta in the 90s,” said a released Burmese prisoner kept under the custody
of the UNHCR, Bangladesh, “making it difficult for the junta to track down
the exact ‘present’ locations of the addresses of many of the families the
prisoners come from.”
A source in the jail told our correspondent that the Burmese prisoners
would take up mass suicide if they are not freed shortly.  They expressed
that the life in the jail has become unbearable for the inhuman conditions
prevailing there.  It is alleged that many of the ‘troublemaking’ Burmese
‘released’ prisoners are now kept in solitary confinement – for ‘fear of
more trouble.’
The prison authority said that a number of state-level correspondences
have been made  for the release of these prisoners to no effect since all
the while the Burmese authority have remained silent refusing to answer
the queries.
Last March there was another continuous hunger strike of three hundred
Burmese prisoners in Bandarban jail who the authority moved to other
prisons in Bangladesh to avoid a bloody confrontation.
 According to a source, the district administration is in a tight fix
regarding the ways to deal with the prisoners because there is no other
way besides repatriating them through international efforts.
Meanwhile the environment inside the Bandarban jail is deteriorating with
the uneasiness prevailing among the Burmese prisoners detained for too
long inside the jail.
_______

Narinjara News
November 3 2002

Furore over the rape of two Rakhaing girls in Burma

Maungdaw, 3rd November 02:  Two Rakhaing Buddhist girls, aged 19 and 21,
were raped by five Rohingya Muslim youths on 7th October at Kanthaya
village of Bagghona village tract under Maungdaw Twnship in the western
part of Burma, according to our correspondent.
As a follow-up to the incident, sixteen Rohingya Muslim villagers were
arrested from the village.  The Rakhaing villagers told our correspondent
that, after watching a video show at Bawdhi-gung village the two girls
with a brother of one of them were returning to their homes at Kan-thaya
at about nine in the evening.  On the way, five Rohingya youths waylaid
and violated them.  Later when the brother of one of the victims reached
the spot after buying cigarettes and betel leaf, the five fled away.
Afterwards the victims went to Maungdaw police station and lodged a case,
numbered Pa/131/2002.  The Officer-in-charge, Hla Phaw Thu, has been
entrusted with the responsibility of conducting the investigation into the
matter.
Though the sixteen villagers have been apprehended the violators still
remain at large.  Besides, interrogation of more Rohingya villagers has
been done regarding the incident.
Meanwhile there have been a lot of hot discussions and strained relations
among the two Buddhist and Muslim communities in the area that could
develop into a bigger confrontation, our correspondent concluded.

_____DRUGS______

Bangkok Post
November 4 2002

Wa launder proceeds at gems auction

UWSA buys back own lots worth about $3m
The United Wa State Army reportedly used a gems auction held by the
Burmese government in Rangoon last week to launder millions of baht in
drug money.

Wa traders bought gems from miners, which they then bid on at the auction,
paying up to 10% more than the original cost to launder as much cash as
possible, a source said.
____GUNS_______

Irrawaddy
November 4 2002

Karenni Rebels in Talks with Junta
By Aung Su Shin/Mae Sot

November 04, 2002—Representatives from the Karenni National Progressive
Party (KNPP) left today for peace talks with the junta at Loi Kaw in
Karenni State. Led by Lt-Col Htoo Khar Rei, 16 members from the KNPP will
travel from their headquarters in Mae Hong Son, northern Thailand, to meet
with officials from the State Peace and Development Council (SPDC).
"The KNPP delegation has nine points to take up with Burmese junta," said
Saw Raymond Htoo, secretary general of the KNPP.
KNPP delegates will ask junta officials to cease:
The forced relocation of Karenni villages
Using Karenni people as porters in the battlefield
Collecting porter fees from the Karenni people
Planting landmines in the Karenni State
Killing innocent Karenni people
The sexual abuse of Karenni women
On a national level, the KNPP will also call on the ruling junta to solve
Burma’s political conflict, hold tripartite talks and declare a nationwide
ceasefire with all ethnic nationality groups.
"The SPDC must accept all nine points for the long-term peace in ethnic
Karenni land and the whole country. They have always said they are sincere
about working with minority groups and are willing to try for national
reconciliation," Raymond Htoo said.
Since 1994 more than eight ceasefire agreements have been signed between
the junta and Karenni representatives. The KNPP signed a ceasefire
agreement with the junta in March 1995, but the Burmese army invaded a
Karenni strong hold base on June 30 that year, terminating the ceasefire.
"Burmese troops raided our land, apparently to suppress Khun Sa and to
protect our sovereignty from the invasion of Thai army," explained Raymond
Htoo.
Sensing that the ceasefire was near breaking point, a KNPP delegation went
to Rangoon to approach the SPDC and demand peace talks, just before the
SPDC attack on the KNPP base in 1995. But the SPDC argued the Karenni
people had already surrendered and that there was no need to talk. "The
Burmese junta is always contacting our frontier commanders for talk, but
they never want to speak to us. We have sent delegates to find out whether
they want real peace or not," Raymond Htoo said.
According to Remen Htoo, the KNPP has changed its state-focused policy to
look at broader issues of national reconciliation as well.
"In the past, our Karenni State stood separate from Burma. But in the
interests of the people of Burma, Karenni land will be one of the states
in the federal state of Burma. We have already declared that," said
Raymond Htoo.
"We have changed our direction because we are know the people of Burma
suffer under dictatorial rulers. Now it is the time for SPDC to stop their
nasty tricks and work towards genuine peace," he said.
________

Onasa News Agency
November 4 2002

Bosnian Serb premier says arms exports to Burma never proceeded


Banja Luka, 4 November: Republika Srpska Serb Republic - RS Prime Minister
Mladen Ivanic admitted on Monday 4 November that the RS negotiated the
sale of a surplus of weapons to Burma, but that the negotiations were
stopped after finding out that Burma was under a UN embargo.

"There is a problem of surplus of wars in BiH Bosnia-Hercegovina . Since
Sfor Stabilization Force is destroying the surplus of weapons, we
concluded that it would be better to sell off a part of these weapons.
However, the negotiations with Burma were interrupted on time," Ivanic
said.

Five Bosnian Serb officials, including the defence minister and army
chief, have stepped down in recent days over the export of parts for Iraqi
MiG-21 aircraft by the state-owned Orao factory, in violation of a UN arms
embargo.
_________

Kaladan Press
November 3, 2002

2 ARMY KILLED AND 2 OTHERS WOUNDED IN LANDMINE BLAST

Maungdaw, November 3: Two Burmese army personnel were
killed and two others wounded in an explosion of
landmine inside their territory on the Burma-
Bangladesh border on 21st October 2002, said a
villager.

The explosion was occurred at about 10.00 am (local
time) between pillar Nos. 40 and 41 at the Nasaka area
No. 2, Barua Para at under Line Thi village tract
about 38 miles north of Maungdaw town, Arakan State.
The landmines had been set in the no-man’s land along
the 131 miles Burma-Bangladesh land border in their
bid to prevent trespassers and insurgent groups by the
Burma Border Security Force (Nasaka), said an
ex-village Chairman.

According to a eyewitness, a villager of Barua Para
told our source that while he was going to the forest
for cutting wood adjacent to the camp, suddenly he
heard the explosion of the landmine and he had gone
into hiding and watching the spot from a distance that
he could see the sight well. Other fellows carried
about half an hour later two dead body and another two
wounded soldiers towards their camp.

When asked the Rohingya National Army (RNA) told that
the Nasaka together with the army planted the
landmines for the insurgence (rebellion) groups but
they themselves tragically fell into their own trap.
They also said that 2 armies were killed on the spot
and another three were wounded while they were going
to check the border pillars by mistakenly stepping on
the landmine.

Bangladesh Government compelled the Burmese junta to
remove the landmines trough vigorous diplomatic
campaign since 1993. Though Burmese junta had removed
some of the landmines set by Nasaka, but most of them
remained un-removed despite heavy pressure from
Bangladesh side. Last year, the Nasaka forces secretly
again planted landmines along the Burma-Bangladesh
border.  But, Bangladesh Government had removed by its
own arrangement, the landmines set by Nasaka in its
territory, said BRCT (Bangladesh Rehabilitation Center
for Tranma Victims).

______REGIONAL_______

Australian Broadcasting Corporation
November 4 2002

ASEAN criticized for failure to criticize Burma

Heads of State from around the South East Asian region are having their
annual summit in Cambodia today and for all the talking about terrorism
and tourism, there is one subject that they dare not speak of; Burma.

The pariah state's reclusive military leader General Than Shwe has shown
up, but the touchy subject of reform in his country is not on the agenda.

That fact has galvanized campaigners, who have launched a stinging attack
on ASEAN for once again failing to challenge the conduct of wayward member
states.
_________

M2 Press Wire
November 4 2002

ADB GMS leaders pledge closer economic and regional cooperation at
Historic Summit

Leaders of six countries along the Mekong River concluded a historic
Summit by signing a joint declaration to reaffirm their commitment to
subregional economic cooperation and a shared vision of equal partnership
in the pursuit of economic growth and greater prosperity.

The first ever GMS Summit attended by leaders of the Greater Mekong
Subregion (GMS) concluded with pledges to work more closely to reduce
poverty and promote greater subregional integration among the six GMS
countries. The GMS comprises Cambodia, the People's Republic of China
(Yunnan Province), Lao People's Democratic Republic, Myanmar, Thailand and
Viet Nam.

The GMS Summit, held to commemorate the 10th anniversary of the GMS
Economic Cooperation Program (GMS Program), highlighted the significant
progress made so far. "Our most important achievement has been the growing
trust and confidence among our countries, which has provided a favorable
environment for trade and investment, economic growth and social
well-being," stated the joint declaration. The leaders recognized the
challenges of managing the subregion's natural environment and said they
would take responsibility and leadership for the sustainable management of
national and shared resources. That view was shared by Asian Development
Bank (ADB) President, Mr. Tadao Chino.

"Sound management of the environment is a prerequisite for, and not a
constraint to, sustainable economic development," Mr. Chino said.

Mr. Chino pledged to broaden the Bank's support for the GMS Program which
was started in 1992 with ADB's financial assistance and support. In a
progress report delivered at the Summit, he said: "The Summit allows all
of us to reaffirm our commitment to our shared vision of creating a
prosperous and equitable subregion in the countries that share the Mekong
River."

"By the end of this decade, the GMS countries will be even more closely
connected. At the same time, the subregion's role as a strategic bridge
between East and Southeast Asia as well as between South and East Asia,
will become increasingly important," Mr. Chino said.

He outlined the challenges facing GMS countries in their move toward
regional integration. Besides managing the subregion's natural
environment, these included mobilizing financial resources, developing the
subregion's human resource potential and adapting to changes in the global
and regional economic environment.

"To prepare for these challenges, we must continue to break down barriers
by harmonizing legal and institutional arrangements in the subregion.
Investment in human resource development needs to be increased. Policies
and institutional structures that support macroeconomic stability, sound
financial systems and competitive markets need to be strengthened. I am
confident that the GMS Program will provide an appropriate framework for
such action," Mr. Chino said.

The GMS leaders signed the Inter-Governmental Agreement on Regional Power
and Trade to promote and facilitate electricity trade in the subregion.
They welcomed PRC's accession to the GMS Agreement to facilitate the
cross-border movement of goods and people and endorsed the GMS-Phnom Penh
Plan for Development Management to develop human resources in the
subregion.

Looking ahead, the GMS Summit leaders underscored their strong commitment to:

* Human resources development

* Protect the environment and cooperate on the use of common natural
resources

* Complete road links in the subregion to strengthen productivity and
competitiveness, and evolve transport corridors into economic corridors,

* Enhance transport linkages through full implementation of an agreement
to facilitate the cross-border movement of goods and people

* Accelerate development of energy and telecommunications infrastructure
linking the subregion

* Create a favorable trade and investment climate and promote tourism

"All these investments and efforts will, within the foreseeable future,
transform the subregional economy into a broad, rapidly growing market
reaching 300 million people who enjoy the benefits of prosperity and
peace," said Cambodian Prime Minister Hun Sen in his keynote address, as
the Chair of the Summit.

The other leaders at the Summit were H.E. Zhu Rongji, Premier of the State
Council, People's Republic of China (PRC); H.E. Bounnhang Vorachith, Prime
Minister, Lao PDR; Senior General Than Shwe, Chairman of the State Peace
and Development Council, Myanmar; H.E. Thaksin Shinawatra, Prime Minister
of Thailand; and H.E. Phan Van Khai, Prime Minister, Viet Nam.

Given the challenges and opportunities facing the subregion, Summit
leaders said it was important to build effective partnerships with
bilateral and multilateral development agencies, non-government
organizations, the private sector and civil society.

GMS leaders recognized and appreciated ADB's role as a catalyst and core
supporter of the GMS Program. "We call on ADB to continue and broaden its
coordinating and supporting role to GMS."

GMS leaders also reaffirmed a strategic action plan that will include 11
flagship programs. So far, the GMS Program has financed projects totaling
US$ 2 billion in areas such as transportation, energy, telecommunications,
human resources development, tourism, environment and trade and
investment. It has also addressed environment and social issues such as
HIV/AIDS and drug trafficking through technical assistance grants.
_________
Irrawaddy
November 4 2002
Burmese and Filipino Sisters Share Ideas
By Joanna C Castro
November 04, 2002—Ten days are not enough to learn everything about the
political struggle of women in the Philippines. But for representatives of
the Women’s League of Burma (WLB) who traveled to the Philippines in
October, the opportunity to listen to insights from dedicated and
courageous women has inspired them in their continuing fight against
military oppression in Burma.
The four Burmese women who participated in the 11-day exchange from
October 6-16 all agreed that the exposure to issues in the Philippines was
useful, particularly now as more women in Burma are starting to speak out
in their own communities. The women, originally from four separate ethnic
states in Burma, now work in exile for the WLB, which is an umbrella
organization comprised of 11 members groups from South Asia and Southeast
Asia.
In Burma there continues to be no independent women’s organizations, and
the few women’s groups that are permitted to operate there—including the
National Committee for Women’s Affairs and the Myanmar Maternal and Child
Welfare Association—come under the direct control of government
ministries. There is the Myanmar Women Entrepreneur’s Association run by
local businesswomen who distribute small loans, which ostensibly operates
outside of government controls. However, sources say the organization
works closely with the regime.
None of these organizations, however, have been able to raise the status
of women in the country, as incidents of domestic violence, rape,
prostitution and trafficking of women remain commonplace throughout Burma.
While in the Philippines, the WLB delegation met with a multitude of
women’s groups and discussed a wide range of issues—including the
empowerment of women in political and social forums, human rights for
ethnic groups and the establishment of income generation projects—while
also reviewing different training programs.
The delegates visited Gabriela, a Manila-based network of over 100 women’s
organizations, which was started in 1984, and has since more than doubled
its membership. The network’s constituency now includes grassroots women’s
groups, peasants, members of the urban poor, women representing religious
institutions, students as well as the most oppressed and marginalized
women in the country. The WLB representatives said the network served as a
model they could consider implementing amongst their own organizations
upon returning to Burma.
"We have learned a lot from the braveness of women in the Philippines,"
said a delegate from Burma’s Mon State. "They know what they are doing. I
am sure, after getting back to Burma, I will apply the strategies that
they are using in their struggles."
The delegates also traveled north for a meeting with the Cordillera
People’s Alliance, a federation of indigenous peoples’ organizations. They
also visited with other groups such as the Igorota Foundation, the
Maryknoll Sisters Center for Justice, Peace and the Integrity of Creation
as well as the Cordillera Women’s Education and Resource Center and
Innabuyog.
During another trip to a mining town north of Manila the group met
representatives from the Acupan Upper Camps Community Livelihood
Association (AUCCLA). At the time of their visit, AUCCLA members were
barricading the entrance to a mine located close to their village. The
delegates said they learned how local women in the area were actively
defending their land and resources from the threat of corporate mining.
The exposure and sharing of ideas with the Philippine women has also
created a network of solidarity and support between the two countries.
Filipino women leaders, politicians and rights activists were among the
2,000 international signatories that condemned Burma’s military regime
after the release of the report, "License to Rape." The report documented
625 cases of sexual abuse by military personnel in Burma.
"We are making the atrocities and suppression of the military against the
women of Burma into an international issue," remarked one delegate. "We
are also looking for other countries such as Malaysia and Indonesia to
help us too."
_______

Narinjara News
November 4 2002

Burmese prisoners in a Bangladesh jail on another hunger strike

Two hundred and thirty seven Burmese prisoners in the Bandarban prison, in
the southeastern hilly district of Bangladesh bordering with Burma, some
of whom have overstayed their prison terms by as much as nine years
threatened to resort to another ‘fast unto death’ hunger strike unless
they are repatriated, according to our correspondent.
As the prisoners started their hunger strike on Saturday the District
Commissioner of Bandarban visited the prison and called on them to refrain
from ‘such meaningless acts’ on condition that he would try his best to
take measures for solving their prolonged detention.  In reply the
prisoners told the DC that, they would go for mass suicide unless
immediate steps are taken to repatriate or free them.
The prisoners who were arrested for illegal entry to Bangladesh had
already undergone various prison terms under the existing laws of the
land.  Though their terms of detention have ended long since, they have
not been freed for the bureaucratic confusion resulting from the Burmese
junta’s refusal to recognize them as their own citizens.  “Many of the
‘released’ prisoners come from homes forcefully relocated by the Burmese
junta in the 90s,” said a released Burmese prisoner kept under the custody
of the UNHCR, Bangladesh, “making it difficult for the junta to track down
the exact ‘present’ locations of the addresses of many of the families the
prisoners come from.”
A source in the jail told our correspondent that the Burmese prisoners
would take up mass suicide if they are not freed shortly.  They expressed
that the life in the jail has become unbearable for the inhuman conditions
prevailing there.  It is alleged that many of the ‘troublemaking’ Burmese
‘released’ prisoners are now kept in solitary confinement – for ‘fear of
more trouble.’
The prison authority said that a number of state-level correspondences
have been made  for the release of these prisoners to no effect since all
the while the Burmese authority have remained silent refusing to answer
the queries.
Last March there was another continuous hunger strike of three hundred
Burmese prisoners in Bandarban jail who the authority moved to other
prisons in Bangladesh to avoid a bloody confrontation.
 According to a source, the district administration is in a tight fix
regarding the ways to deal with the prisoners because there is no other
way besides repatriating them through international efforts.
Meanwhile the environment inside the Bandarban jail is deteriorating with
the uneasiness prevailing among the Burmese prisoners detained for too
long inside the jail.

_____INTERNATIONAL_______

Myanmar Times
October 28-November 3 2002

Pinheiro urges United Nations to get ready to help Myanmar
By Ross Dunkley and Thet Khaing
THE United Nations special human rights rapporteur on Myanmar, Mr Paulo
Sergio Pinheiro, has urged the UN to get ready to help with changes in the
country after years of international isolation and sanctions. The United
Nations "should begin assessing the priorities for its engagement,
including 
 the involvement of the executive boards of some of its
agencies, funds and programs," Mr Pinheiro said in a written report
submitted to the UN General Assembly last Tuesday. The international
community should start thinking about how it could help in such ways as
reviewing prison conditions, examining national laws and training police
and judicial officials, the report said. It described the situation in
Myanmar as "delicate" and said it needed "to be handled with great care
and generosity on the part of those who wish the people of Myanmar well."
The report also called for more understanding from the international
community in judging the country’s political situation.
"At this moment it is essential to discourage international public opinion
from accepting simplistic paradigms and viewing the complex process as a
struggle between good and evil," Mr Pinheiro wrote. The UN envoy’s report
said an increase in the pace of the political transition process would
help in bringing about a better standard of human rights in Myanmar. More
fundamental reforms were needed, notably to give people access to justice,
it said.  The report acknowledged a need for patience over the pace of
change in Myanmar. "A recent mellowing on the political front has not and
could not possibly bring about significant improvements to the complex
human rights and humanitarian situations," it said, referring to positive
developments emerging from the national reconciliation talks between the
government and the National League for Democracy’s Daw Aung San Suu Kyi.
They include the release of nearly 400 political detainees and the lifting
of restrictions on the movement of political party members since the talks
began two years ago with the encouragement of the UN special envoy on
Myanmar, Mr Razali Ismail. In one of the largest releases in the past two
years, the government said on October 10 it had freed 31 political
detainees, including seven members of the NLD. Mr Pinheiro said in the
report that the release of all political prisoners was one of four
fundamental conditions for a credible transition. The others were:
including all components of society in a political dialogue; lifting
restrictions on political parties and groups that had signed a ceasefire
with the government; and the holding of free elections.  The upbeat
comments by Mr Pinheiro appear  as an earnest attempt to counter a
negative tone emerging in diplomatic circles about prospects for the
future of the dialogue process. Some diplomats are openly suggesting that
the dialogue process has stopped, a development which could have negative
consequences for the country. The Chairman of the State Peace and
Development Council, Senior General Than Shwe, and the highest
decision-makers in the government continue to maintain that change is
occurring.
The government’s rationale, as outlined in a statement issued by the
Myanmar embassy in London early this month, is steady progress rather than
a rapid transformation is the best course for the country. As reported in
the English edition of the Myanmar Times last week, the statement said:
"It can be clearly seen that over the past five months since political
parties were allowed to resume their activities, things have continued to
move on steadily, and importantly only in the right direction". The
statement acknowledged criticism of about the pace of movement towards
reconciliation, but stressed that the government placed an emphasis on
stability as the most important factor in determining change. The
statement also linked the moves towards a political transition to a
decline in outside interference in Myanmar’s domestic issues.
______

The American Prospect
November 4 2002

Globalism in the Dock;
Burmese villagers sue Unocal in an L.A. courtroom

By Joshua Kurlantzick
RANGOON, THE CAPITAL OF Burma (now officially called Myanmar), is normally
one of the most depressing cities in Asia. It usually exudes the desperate
air of a decaying totalitarian metropolis: Beggars wander the central
market, queuing for handouts of the worthless local currency, while
paramilitary police block access to universities, political party offices
and any other potential centers of opposition to the state. But in recent
months, some signs of change have emerged. In May, pro-democracy advocate
Aung San Suu Kyi, leader of the opposition to Burma's totalitarian junta,
was released from house arrest. Suu Kyi vowed to continue her fight to
liberate the Burmese from the ruling generals, who have impoverished the
country. Southeast of the capital, in areas abutting Thailand and refugee
camps inside that neighboring nation, a group of poor Burmese villagers
also are attempting to foment momentous global change. The villagers are
suing American oil giant Unocal in a California state court, charging that
Unocal is responsible for human-rights abuses committed by the Burmese
military along the company's $ 1.2 billion Yadana gas pipeline, which
stretches across eastern Burma and into Thailand. And for the first time,
an American judge has refused to dismiss such a suit, guaranteeing the
plaintiffs a trial. The state suit will open before a Los Angeles jury
next February. If the landmark case brings exploitative behavior to light
or results in a ruling against Unocal, legal scholars say, similar suits
against other multinationals are more likely to proceed and corporate
behavior may be forever changed.

THE UNOCAL CASE DATES BACK TO the early 1990s, when the company, one of a
consortium of partners, was considering building the pipeline and
employing the Burmese military to provide security for the project.
According to U Maung Maung, one of the plaintiffs' advocates,
representatives for the villagers, who were not opposed to the pipeline at
the time, met with Unocal to discuss concerns that construction without
external monitoring would allow the military to conscript labor, a common
practice in Burma. Maung Maung says Unocal ignored the villagers'
concerns; Unocal spokesman Barry Lane says the company "has had
constructive talks with a variety of groups." In any case, the pipeline
was completed in 1998. By the mid-1990s, though, Thailand-based
nongovernmental organizations (NGOs) had reported that refugees were
fleeing Burma with stories of abuses committed in the Yadana region. In
one report, the NGO Earth Rights International claimed villagers had been
forced to porter in the pipeline region, watched fellow porters shot dead
by the military for moving too slowly and even served as human
minesweepers. "NGOs who had been talking to these villagers couldn't just
stand by and watch," says Maung Maung. "We had to help them meet someone
who could help them."

Maung Maung and others put a group of villagers in touch with Terry
Collingsworth, director of the International Labor Rights Fund (ILRF) and
a well-known human-rights lawyer. Collingsworth decided to sue Unocal
under the Alien Tort Claims Act, an 18th-century law that had gone unused
until, in 1980, a U.S. judge ruled that foreigners could sue one another
in American courts over violations of international norms. Plaintiffs soon
used the law to sue foreign individuals -- El Salvadoran generals, for
example -- in U.S. courts for human-rights abuses committed abroad.

Collingsworth and others now want to broaden the statute to include
companies operating abroad. The ILRF and 12 Burmese plaintiffs charge that
Unocal should be held vicariously liable for the military's atrocities
committed along the pipeline, which they say included pushing people into
fires, assaulting villagers and forcing peasants to work. The plaintiffs
believe their suit has merit because the legal principle of vicarious
liability says partners in a joint venture are responsible for one
another's actions. They think Unocal knew the military was committing
abuses and the villagers could not get a fair hearing in military-run
Burma's court system. The ILRF has asked for compensation for unpaid labor
and punitive damages. Like several other Alien Tort suits, the Unocal case
originally was tossed out of a federal court without trial when a judge in
California found insufficient evidence that Unocal was responsible. In
September of this year, the 9th U.S. Circuit Court of Appeals reinstated
the federal suit, which may get it going again. But Collingsworth refiled
in a state court, and this summer California Superior Court Judge Victoria
Chaney ruled that Unocal could face vicarious liability. Now the case
could go to trial, which would be a first.

The Unocal case could herald a deluge of litigation. "Since the early
1980s, a range of factors has made it easier for Alien Tort suits to get
started," says Sarah Cleveland, an international human-rights law expert
at the University of Texas. "American companies have invested more abroad,
the Internet has made it easier for abused people to contact lawyers, big
organizations like Amnesty have begun targeting companies and now we are
beginning to see some judges willing to hear the cases, which could be the
final step toward having a large number of suits against companies for
their practices overseas." Indeed, the ILRF also has filed suit against
ExxonMobil for abuses allegedly committed by the Indonesian military while
employed by the oil giant, against Coca-Cola because its bottlers in
Colombia allegedly are working with death squads to intimidate labor
activists and against several other multinationals. Collingsworth's
Colombian clients discovered the ILRF through a Web search.

IF THE ILRF WINS THE UNOCAL CASE, Cleveland says, the precedent would make
it easier for other judges to find for plaintiffs and could dramatically
affect companies' profitability, prompting them to reshape their business
models. "Every company does a cost-benefit analysis before they engage in
foreign investment," says Collingsworth. "If we win, we'll make companies
rethink the cost of investing in places where there are horrific
violations of human rights, or thinking that they can take advantage of
looser regulatory environments abroad." Sean Murphy, a law professor at
George Washington University, says, "The jury is definitely still out on
whether you can win damages against a company using Alien Tort. But one
big judgment could start the ball rolling."

The threat of litigation already appears to be having an impact. "Any
executive who says he doesn't pay attention to these suits, and the
shareholder campaigns that go with them, is either lying or ignorant about
his business," says Elliot Schrage, a former executive at Gap Inc. "These
suits may show that, as a company, you don't have to be responsible for
human-rights abuses to lose the case, you just have to stand by and do
nothing while abuses are being committed." Complicating companies' woes,
shareholder activists have launched a wave of resolutions timed to
coincide with Alien Tort suits, potentially depressing multinationals'
stock prices; over the past five years, Unocal's shares have lagged behind
its oil industry peers. Simon Billenness, an expert on socially
responsible investing at Oxfam America, says fund managers have begun
contacting him to discuss the impact of the suit on Unocal's stock. In
response, Lane contends that it is the conduct of the Burmese military,
not Unocal, at issue in the suit, and that Unocal respects shareholder
activism as a basic tenet of corporate accountability.

Some multinationals have taken action to preempt suits and negative
publicity. Oil giant BP has aggressively sought human-rights monitors and
tasked them with assessing BP's potential new investments. Many American
companies have pulled out of Burma. (One Burma expert, noting that Unocal
is considering building another pipeline in the country, says, "Unocal
clearly has decided they've invested so much in Burma already that they
will put up with the bad publicity and just keep going there.") Norwegian
petroleum firm Statoil has worked with Amnesty International to train
Venezuelan judges in human-rights law.

YET THE ALIEN TORT LITIGATION could have a more pernicious impact. Lane
says that holding companies vicariously liable for the actions of their
government partners would hamstring businesses operating anywhere in the
world. "If you follow the Alien Tort logic, Starbucks could be held liable
for brutality by the Seattle police if the police tried to protect a
Starbucks shop from being smashed [in the 1999 demonstrations]," he says.
What's more, some European oil and gas companies have proven more willing
to operate in countries that American corporations have begun to shy away
from, and they might pick up more business if U.S. petroleum firms become
more reticent.

The Alien Tort suits also have attracted the attention of the U.S.
Department of State, drawing the executive branch into the judiciary's
natural realm. ExxonMobil asked the U.S. government to comment on the
geopolitical implications of the ILRF suit. In July, the State Department
sent a letter to the judge from the federal district court judge
responsible for the Indonesia case, arguing that a suit against ExxonMobil
could undermine America's war on terrorism (because Indonesia could become
a haven for terrorists if foreign investment decreases and its economy
stumbles). Unocal also has asked the State Department to comment on its
case, and Collingsworth remains concerned about government interference.
The ILRF worries that the United States will not give visas to all the
Burmese villagers who need to testify in California, and some of the
villagers fear they will be unable to remain as refugees in Thailand
forever. Already, says Maung Maung, the military has threatened villagers'
relatives in Burma. "If the Burmese wind up winning the case but can't go
back home and have their families taken from them, that's not much of
victory," he says.

____STATEMENTS_____

ASEAN People’s Forum 2002
November 2, 2002

Asean activists criticize Asean leaders for avoiding dialogue

Phnom Penh, Sat- Regional activists today criticised Asean leaders at the
Asean
summit for avoiding dialogue with people’s organisations.

Organisers of the 3rd Asean People’s Forum (APF) expressed deep
disappointment
that the Asean delegations attending the Asean + 3 Summit refused to meet
with
representatives of both the APF and of the Southeast Asia People’s Festival
taking place in Phnom Penh. The APF themed “Uphold the People’s Voice” began
last night and is attended by 90 activists representing human rights NGOs and
civil society from Asean countries.

Somchai Homlaor, Secretary-General of Forum-Asia said: “The reaction of the
Asean delegations to isolate themselves from civil society is unjustified and
unreasonable. It is a departure from previous practice.”

“Governments, and Asean as a body, need to realize that the work of human
rights activists is a help, not a hindrance.”

“If human rights organizations are prevented from functioning effectively, it
will stifle the people’s voices. Peaceful conflict resolution will be
difficult
to achieve, and this could lead to desperation that is a fertile ground for
violence,” said Mr Homlaor.

Ms Toni Kassim, speaking on behalf of the Southeast Asian Committee for
Advocacy (one of the organizers of the People’s Festival held in Phnom Penh
from Oct 29 to Nov 3) said that a peaceful march to present a declaration to
the Asean Summit was stopped. “Why are these leaders so scared of us?,” she
asked. “We were merely trying to voice our hopes and aspirations for the
future
of Asean communities.”

Ms Kassim, a Malaysian, said that it was unfortunate that Asean governments
refused to listen to the inspiring insights gained from Asean people sharing
their culture and experiences.

During the opening session of the APF, other commentators also deplored the
lack of political will and leadership to make Asean a body that is more
relevant to its people.

Ms Irene Xavier of the Committee for Asian Women said that key issues
affecting
women remain unaddressed by Asean, icluding violence against women,
unemployment, discrimination and the effects of an increasing informal
sector. “And now that there is a war against terrorism, women’s options are
decreasing. They are being oppressed by repressive government measures and
religious conservativism.”

Dr Sriprapha Petcharamesree from the Regional Working Group for an Asean
Human
Rights Mechanism expressed disappointement at the reluctance of Asean leaders
to implement human rights mechanisms in the region. “The non-inteference
principle and its selective application are the key obstables to upholding
basic human rights standards.”

Mr Kavi Chongkittavorn of the Southeast Asian Press Alliance (SEAPA) deplored
Asean leaders’ unwillingness to form consensus on human rights issues in the
Asean region, even though they are keen at establishing a common position on
abuses taking place elsewhere in the world, such as in South Africa. He
therefore urged the Asean leadership to expand its mandate and to include
human
rights and civil society in the core of its activities.

The Asian People Forum will continue tomorrow. Human rights activists will
pass
resolutions addressing issues of anti-terrorism and of human rights
violations
committed in conflict situations in the Asean region.

The organizers of the Asean People’s Forum are: ADHOC (Cambodia), LICADHO
(Cambodia), Asian Human Rights Commission (Hong Kong SAR), Initiatives for
International Dialogue (Philippines), Asian Forum for Human Rights and
Development (Forum-Asia), Asia Pacific Forum on Women, Law and Development
(APWLD), Altsean-Burma, Southeast Asian Committee for Advocacy (SEACA),
Committee for Asian Women, Nonviolence International Southeast Asia and the
Southeast Asian Press Alliance (SEAPA).