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The BurmaNet News: October 7, 1998



------------------------ BurmaNet ------------------------
 "Appropriate Information Technologies, Practical Strategies"
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The BurmaNet News: October 7, 1998
Issue #1112

HEADLINES:
==========
CRPP: NOTIFICATION #3 
USDOL: WORKER RIGHTS ABUSES IN BURMA
US DOL: WORKER RIGHTS ABUSES IN BURMA 
SCMP: WEST IS PLOTTING AGAINST US: JUNTA 
AFP: CHINA, MYANMAR SIGN HYDROPOWER DEAL 
REUTERS: EU WARNS OF TOUGHER MEASURES ON MYANMAR 
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COMMITTEE REPRESENTING THE PEOPLE'S PARLIAMENT: NOTIFICATION #3 
3 October, 1998 

Committee Representing People's Parliament Elected by the 1990 Multiparty
Democratic Elections

Notification No 3

Reference paragraph 5(e) of our Notification No 2 dated the 28 September
1998. Sections 8 and 12 of the Village Act are reproduced below for general
information:-

Section 8- General duties of the Council Chairman

(1) The Council chairman and its members have civic duties to the people as
below:-

  (a) To investigate and interrogate and examine every report relating to
offences described in Section 7.

  (b) When there are sufficient reasons to believe that an offence has been
or will be committed, to apprehend the offender and recover properties.

  (c) To arrest persons taking refuge in the village without justification.

  (d) As soon as possible, to hand over the arrested individual, weapons
and other exhibits to the nearest police station.

  (e) To defend the village against any illegal attack.

  (f) To carry out instructions given by the township council in matters
relating to defence, road transport and communications, and the procurement
of water.

  (g) To provide facilities such as guides, porters, provisions, carts,
labourers , elephants, horses, mules, asses, boats and likewise
transportation to the military units posted in or near or passing through
the village, and to government servants travelling on official business on
payment of wages or allowances as prescribed by the township council.
Proviso- No council chairman or member is empowered to compel any villager
who is not a manual labourer or a servant to personally perform such tasks,
but can ask for a substitute.

  (h) x  x  x

  (i) To assist the Land Committee in collecting revenue payable to the
government by residents of the village and from owners of vacant land.

  (j) To maintain a village birth and death register in accordance with
regulations.

  (k) To administer and monitor the following matters:-
     (1) Prevention and eradication of contagious diseases of humans and
animals
     (2) Restrain and suppress disturbances of the public peace
     (3) Fire prevention
     (4) Village cleansing
     (5) Making of regulations regarding the slaughter and sale of meat of
buffaloes, cows, sheep, goats and pigs.

  (l) To investigate diligently and give whatever information relating to
village matters  that is required by the police, government officers and
anyone of the officers from the army, navy and air force.

  (m) To confiscate weapons as prescribed in Section 21(a) from persons
attending , or going or returning from village functions.

     (1) In performance of civic duties, giving appropriate assistance to
government officials.
     (2) The council chairman's duties described in subsection 1 also
applies to council members.
     (3) Every council chairman is empowered to arrest any person who
contravenes the provisions of Section 510 of the Penal Code pertaining to
drunkenness and inappropriate acts in public places.

Section 12:- Penalty prescribed for negligence or failure to perform their
civic duties are 

(1) (deleted)

(2) The council may order a payment of ten kyats or detention for 48 hours
at a place prescribed by the township council chairman or both.

(3) A magistrate can impost a fine of fifty kyats or imprisonment of one
month of both.

Committee Representing People's Parliament
Rangoon
2nd October 1998

Note- The above law was enacted in 1908 by the colonial imperialists and
has been in force to date. It was revised by the Socialist Republic of
Burma Council and approved and enforced by State Law and Order Restoration
Council ( now the State Peace and Development Council).

( The National League for Democracy takes full responsibility for
distribution)

----------------

Committee Representing People's Parliament Elected by the 1990 Multiparty
Democratic Elections

In our Notification No 3 (2/10/98) the provisions of Section 8 and 12 of
the Village Act have been reproduced. A decision was taken to  place our
views in relation to this before the Parliament.

Section 8 and 8(1) describes the general duties of Village Council Chairman
and members. As they are not elected according to the wishes of the people,
in future when a genuine democratic system is established such councils
must compose only persons elected by the people.

Section 8 (a)- relating to duty to investigate and interrogate offenders
where a report is given of crimes described in Section 7, our view is that
the duty be limited to investigation and not to interrogation because
interrogatory powers are prone to abuse. 

Section 8(b)- Power to arrest and recover properties on sufficient reasons
to believe that a crime has been committed or is about to be committed are
inadequate provisions and can lead to misuse of power.

Section 8(c)- Persons taking refuge in a village without justification
should be confined to criminal offences. It should also indicate who is the
authority who needs to make the decision about justification.

Section 8(f)- " To carry out instructions given by township councils" could
lead to abuse of authority to do whatever any person in authority so
desires. Township councils that exist in democratic regions are elected by
the people dwelling in that locality and this is as it should be.

Section 8(g)- The provisions enacted in this section together with the
proviso should be deleted so that forced labour be abolished altogether.

Section 8(i)- " Land Committee" should be deleted and substituted by "only
the village committee elected by the people".

Section 8(k)(2)- "Disturbances of the public peace" is too wide in scope
and gives the authorities the right to exercise unlimited power. It should
be amended appropriately or deleted.

Section 8(l)- should be deleted.

Section 8(m)(1)- " Appropriate assistance" is too wide in scope. Should be
amended or deleted.

Section 8(m)(2) and (3)- These provisions will  not be necessary when
democratic regional administration is introduced.

Section 12- Should be abolished because it conflicts with the rights of
villagers.

Committee Representing People's Parliament
Rangoon
2 October 1998

(The National League for Democracy takes full responsibility for
distribution.) 

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UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS: STATEMENT ON BURMA
6 October, 1998 from <darnott@xxxxxxxxxxx> 

UNITED NATIONS

Press Release

HIGH COMMISSIONER FOR HUMAN RIGHTS CONCERNED OVER INTENSIFICATION OF
REPRESSION IN MYANMAR
6 October 1998

The following statement was made today by High Commissioner for Human
Rights Mary Robinson:

I have been following with increasing concern the intensification of
repression against Myanmar's political opposition over the last few weeks.
Recently, over 200 members of the National League for Democracy (NLD) have
been arrested or detained, while NLD leader Aung San Suu Kyi has been
subjected to repeated harassment. Further, conditions of detention in the
country fall far short of international standards, and a number of
prisoners are reported to have died while in custody.

It is clear from the Commission of Inquiry established by the International
Labour Organization that forced labour continues in Myanmar. Meanwhile,
there also appears to be an official policy of forced displacement of
ethnic minorities, which has resulted in large numbers of internally
displaced and refugees in neighbouring countries.

I raised these issues with the Foreign Minister of Myanmar, U Ohn Gyaw,
during a meeting in New York on 23 September but received no satisfactory
response. I take his opportunity to call on the Government of Myanmar to
guarantee the rights of freedom of movement and association of all citizens
and to accelerate the process of national reconciliation leading to the
enjoyment of all human rights. I hope the people arrested or detained for
political reasons will be released and allowed to express freely their
views and opinion and demonstrate peacefully.

I urge the Government to establish a constructive dialogue with the United
Nations system, including the human rights mechanisms in the effective
promotion and protection of human rights in the country. Regrettably the
authorities have failed to respond to consistent requests to allow the
Special Rapporteur on the situation in Myanmar, Rajsoomer Lallah, to
conduct a field mission. I reiterate my support for Mr. Lallah's efforts to
fulfil his mandate and again request the Government to cooperate with him
and allow him to have direct contacts with the people of Myanmar. 

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UNITED STATES DEPARTMENT OF LABOR: WORKER RIGHTS ABUSES IN BURMA 
1 October, 1998 

TEXT: LABOR DEPT. CATALOGS WORKER RIGHTS ABUSES IN BURMA

(Lack of democracy has harmful to worker rights)  (740)

Washington -- A U.S. Department of Labor study has found that the overall
lack of democracy in Burma has a deleterious effect on labor standards and
worker rights.

The report's major findings, according to a Department of Labor press
release issued September 25, are:

-- Child labor, exacerbated by a lack of investment by the government in
education for primary school children and by broad-based poverty, remains a
serious and widespread problem.

-- Abusive child labor practices include forced labor, military
conscription and trafficking into the commercial sex industry.

-- There are no labor unions and workers have no rights of association or
collective bargaining.

-- Forced labor has been used to develop the infrastructure of the tourism
industry and possibly the Yadana natural gas pipeline and to support
military operations.

-- The government apparently uses forced relocation as part of urban
development programs or in association with Burmese army campaigns against
the armed opposition.

The report concludes that there has been no improvement in Burma's labor
practices or in the observance of international labor standards. "It is
likely that serious violations of such standards will continue until and
unless there is real transition to democracy."

Following is the text of the Labor Department release:

(begin text)

U.S. DEPARTMENT OF LABOR Bureau of International Labor Affairs
Labor Department Catalogs Worker Rights Abuses in Burma
September 25, 1998

The Labor Department (DOL) today released its report to Congress on abusive
labor practices in Burma. The report covers child labor, workers' rights,
forced relocation of laborers and the use of forced labor in the tourism
industry and on construction of the Yadana gas pipeline.

Congress directed Labor Secretary Alexis M. Herman, in consultation with
the secretary of state, to prepare the report. In addition to the overall
question of labor practices, Congress asked that the report include an
evaluation of the cooperation and access afforded by the government of
Burma for purposes of collection of information necessary for preparation
of the report.

The report surveys, analyzes and summarizes the major allegations of
abusive labor practices in Burma and the responses of the Burmese
government to such allegations. The Labor Department compiled information
from a number of sources, including reports from the Department of State,
findings from international organizations, reports of non-governmental
organizations, information distributed by Burma, testimony provided the DOL
and interviews conducted by DOL in Thailand. Burma, however, would not
issue visas to a joint DOL-State Department research team to visit there to
undertake on-site reviews and to assess the credibility of data.

"Our review indicates that the absence of the rule of law in Burma also
means international labor standards are not protected," Secretary Herman
said. "There is no freedom of association. The Burmese people are subjected
to forced labor and child labor appears to be increasing. We collected and
reviewed a great deal of information from a wide and diverse range of
sources but I believe the government's refusal of access speaks volumes in
itself."

DOL's study found that the overall lack of democracy in Burma has a
deleterious effect on labor standards and worker rights. This has been
emphasized by repeated denunciations of the Burmese government by the
International Labor Organization and the U.N. Human Rights Commission. The
report's major findings are:

Child labor remains a serious and widespread problem. It is exacerbated by
a lack of investment by the government in education for primary school
children and by broad-based poverty. Abusive child labor practices include
forced labor, military conscription and trafficking into the commercial sex
industry. There are no labor unions and workers have no rights of
association or collective bargaining. Forced labor has been used to develop
the infrastructure of the tourism industry and possibly the Yadana natural
gas pipeline and to support military operations. The government apparently
uses forced relocation as part of urban development programs or in
association with Burmese army campaigns against the armed opposition.

The DOL report concludes that there has been no improvement in Burma's
labor practices or in the observance of international labor standards. It
is likely that serious violations of such standards will continue until and
unless there is real transition to democracy.

Copies of the report are available by calling (202) 219-9403 ext. 0.

(end text) 

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SOUTH CHINA MORNING POST: WEST IS PLOTTING AGAINST US 
6 October, 1998 

AFP

The junta said yesterday that impoverished Burma was the victim of a
Western conspiracy to "station military bases around the world" and divide
ethnic minorities.

The comments in the state-run press come as British Foreign Secretary Robin
Cook was expected to advocate tougher economic sanctions against Burma in
talks with his European Union counterparts in Luxembourg yesterday.

A long article in the New Light of Myanmar accused the opposition National
League for Democracy (NLD) of being an agent of the West and harbouring
"evil intentions" to disrupt the drafting of a constitution.

The paper carried a cartoon depicting NLD leader and Nobel Peace laureate
Aung San Suu Kyi being manipulated by English and American puppeteers in
top hats.

The article said the NLD boycotted the constitution drafting National
Convention in 1995 in sympathy with Western powers which were unhappy with
a proposal to ban any foreign military presence in the country.

"The West bloc does not like that principle because the neo-colonialists
wishing to practise hegmonism [hegemony] in the world feels that the
principle runs counter to its programme to station military bases around
the world," the article said.

"They [the West and the NLD] want to divide the union into different parts.
They will keep the national races fighting.

"They will make sure that the Western-style democracy flourishes in the
country and takes control of Myanmar to suit their taste through [Aung San
Suu Kyi]."

It says the NLD's planned convening of parliament is illegal and based on
the forged approval of bogus MPs.

The NLD won a landslide victory in 1990 elections but parliament has never
been allowed to sit. But the article yesterday said that after deaths,
dismissals and resignations, only 226 NLD MPs elected were eligible to sit.

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AFP: CHINA, MYANMAR SIGN HYDROPOWER DEAL 
6 October, 1998 

BEIJING, Oct 6 (AFP) - China has signed a 160 million dollar contract to
build a hydroelectric power project at Pyinmana in Myanmar's central
Mandalay district, Xinhua reported Tuesday.

The Yunnan Machinery and Equipment Import and Export Corporation won the
contract to design and build the 280 megawatt Paunglaung project, the news
agency said.

The Chinese government will provide an export credit for the deal, which
comes with a 2.75 percent rate of annual interest, payable over 10 years.

Since 1989, the YMEIEC has built 17 small and medium sized hydroelectric
power stations in Myanmar, accounting for 94.4 percent of the country's
hydroelectric power projects.

The final capacity of the Paunglaung project will account for 28 percent of
Myanmar's existing installed capacity.

****************************************************************

REUTERS: EU WARNS OF TOUGHER MEASURES ON MYANMAR 
5 October, 1998 

LUXEMBOURG, Oct 5 (Reuters) - European Union foreign ministers warned on
Monday they were weighing tougher measures against the Myanmar leadership
in view of a deteriorating human rights situation there.

The ministers are due to renew a two-year old sanctions policy by October
29 in the light of progress in the Asian country.

"The EU is actively considering further political steps to underline its
concern," the ministers said, expressing concern at the recent detention by
Myanmar's military rulers of hundreds of members of the opposition National
League for Democracy (NLD), which is led by Nobel Laureate Aung Suu Kyi.

"The EU remains deeply concerned at the deteriorating internal situation in
Burma and recalls its condemnation of the detention of opposition
activists, including elected representatives to the Parliament," the
statement said.

The existing sanctions include a ban on visas to the Burmese leadership and
the suspension of high-level government visits and an arms embargo.

The NLD has demanded that the government honour the results of the May 1990
general election, which the party won. The military has ignored the
election and the party recently formed a committee to act for the parliament.

The government has refused to call parliament and since last month has
taken measures to detain the opposition members and elected representatives.

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