REGARDING NATURAL GAS DEVELOPMENT BY DAEWOO INTERNATIONAL AND KOREA GAS CORPORATION (KOGAS) IN BURMA (MYANMAR)... FILED BY EARTHRIGHTS INTERNATIONAL (ERI) ON BEHALF OF THE SHWE GAS MOVEMENT (SGM)... CO-COMPLAINANTS ARE: THE KOREAN HOUSE FOR INTERNATIONAL SOLIDARITY (KHIS); KOREAN CONFEDERATION OF TRADE UNIONS (KCTU); FEDERATIONS OF KOREAN TRADE UNIONS (FKTU); CITIZEN?S ACTION NETWORK (CAN); PEOPLE FOR DEMOCRACY IN BURMA; WRITERS FOR DEMOCRACY OF BURMA; HUMAN RIGHTS SOLIDARITY FOR NEW SOCIETY; THE ASSOCIATION FOR MIGRANT WORKERS? HUMAN RIGHTS; BURMA ACTION KOREA... OCTOBER 29, 2008....."...EarthRights International (ERI), on behalf of the Shwe Gas Movement (SGM), brings this complaint alleging that Daewoo International and the Korea Gas Corporation (KOGAS) have breached and will continue to breach a number of the OECD Guidelines for Multinational Enterprises (the ?Guidelines”) related to their activities in Burma (Myanmar).1 These breaches are related to the companies? exploration, development, and operation of the natural gas project in Burma known as the Shwe Gas Project, meaning ?gold” in Burmese (hereinafter ?Shwe Project”)....".....CONTENTS: I. Introduction 4 i. Identity and Interest of the Complainants 4 ii. Identity of the Corporations Involved 4 iii. Previous Contact between the Corporations and the Complainants 5 iv. Summary of Breaches by Daewoo International and KOGAS in Burma 5 v. Specific Requests of the South Korean NCP 7 II. Applicability of the Guidelines 8 i. Why Daewoo International and KOGAS, and this Complaint, are Subject to the Guidelines 8 ii. Why NCP Involvement is Requested and Necessary at this Time 8 III. Background on Burma 9 i. Geography and Demographics 9 ii. Government and Politics 10 iii. Economy 11 iv. Cyclone Nargis 13 v. Military Support 14 vi. Human Rights 14 IV. Background to this Complaint 17 i. Previous Natural Gas Projects and Human Rights Abuses: The Yadana and Yetagun Pipelines 17 ii. The Shwe Natural Gas Project of Daewoo International, KOGAS, et al 20 V. Specific Breaches of the Guidelines by Daewoo International and KOGAS 23 i. Section II.1, Enterprises should contribute to economic, social and environmental progress with a view to achieving sustainable development. 23 a) International Standards 24 b) Breaches of Section II.1 24 ii. Section II.2, [Enterprises should] Respect the human rights of those affected by their activities consistent with the host government?s international obligations and commitments. 25 a) Customary International Human Rights Obligations 26 b) Obligations Under Treaty Law 27 c) Breaches of Section II.2 28 iii. Sections III.1 & V.2, Enterprises should 1) ensure that timely, regular, reliable and relevant information is disclosed regarding their activities, structure, financial situation and performance and 2) provide timely information and consult with affected communities. 30 a) International Standards 30 b) Obligations Under Treaty Law 31 c) Breaches of Section III.1 32 d) Breaches of Section V.2 33 iv. Section IV.1(c), Enterprises should contribute to the elimination of all forms of forced or compulsory labour. 34 a) Customary International Law Regarding Forced Labour and Forced Portering 34 b) Obligations Under Treaty Law 35 c) Obligations Under National Law 35 3 d) Breaches of Section IV.1(c) 36 v. Section V.3, [Enterprises should] Assess environmental impact and prepare an appropriate environmental impact assessment. 37 a) The Requirement for EIA Under Customary International Law 37 b) Obligations Under Treaty Law 39 c) Breaches of Section V.3 39 VI. Conclusion 42 VII. Contact Information of Representative of Complainants 43