The BurmaNet News: October 26, 1998

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The BurmaNet News: October 26, 1998
Issue #1125

HEADLINES:
==========
BBC: SUU KYI CRITICIZES BURMESE JUNTA'S ILLEGAL ACTS 
NLD: STATEMENT #90 
S.H.A.N.: SSA DEFIES JUNTA'S CALL TO KNUCKLE UNDER 
ABSDF: BURMESE MILITARY BREAKS OWN LAWS 
KNU: PRESS RELEASE NO. 36/98 
XINHUA: MYANMAR, BRUNEI TO COOPERATE IN EDUCATION 
U.S. GOVERNMENT: STATEMENT ON MASSACHUSETTS BURMA LAW 
REUTERS: BUSINESSES TOLD HUMAN RIGHTS CAN HIT BOTTOM LINE 
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BBC: SUU KYI CRITICIZES BURMESE JUNTA'S ILLEGAL ACTS 
22 October, 1998 

It has been learned that, in Burma, the NLD [National League for Democracy]
party chairman, U Aung Shwe, on 15 October sent an objection letter to the
SPDC [State Peace and Development Council] chairman, Sr. Gen. Than Shwe.
The letter mentioned the military government's detention of 976 NLD
representatives-elect, organizers, and members.  The BBC Burmese Section
contacted NLD General Secretary Aung San Suu Kyi.  She gave the following
views regarding the detentions.

[Aung San Suu Kyi]  "What we said was very simply.  At present we know that
many of our representatives-elect have been detained and put under great
pressure.  They were pressured to quit the NLD, to resign as
representative-elect, and coerced into signing false statements and bonds.
Since these acts are illegal, we do not accept them at all.  That is what
we said."

When asked about the NLD letter stating that the food for the detainees was
supplied by the people, she replied:

[Aung San Suu Kyi]  "As far as I understand, we know that in some recent
cases, the authorities did not provide food for the detained NLD
representatives-elect and members, instead they ordered the local people to
supply food for the detainees.  This is very bad.  They are the ones that
detained them, but at the same time put the burden on the local people.  If
they cannot afford to feed the detainees, why did they detain them?  They
said they were called in for view exchanges but then again they were not
allowed to contact their families.  Moreover, the detainees were pressured
into doing all kinds of things.  This is against the law.  The authorities
are not doing anything with goodwill and we see their acts as deliberate
attempts to bully and to antagonize our NLD members."

Regarding remarks by Mr Derek Fatchett, Foreign Office Minister of State of
Britain, on attempts to remove Burma from the ILO due to the use of forced
labor, she gave the following reply.

[Aung San Suu Kyi]  "It is not surprising to hear that the ILO is taking
action because of the breach of ILO regulations.  The ILO will do what is
appropriate."

Regarding a dialogue between the opposition and the government, Aung San
Suu Kyi told BBC Burmese Section as follows:

[Aung San Suu Kyi]  "What we want to say is that at present the authorities
are not giving any consideration to the problems facing the country.
Instead they are only concern with how to oppress and destroy the
opposition.  This shows they do not have any love for the country and the
people.  If they want to show their genuine love and goodwill, they will
have to compromise with the opposition.  They were able to hold dialogues
and discussions with those armed insurgents and drug traffickers, but they
cannot hold a dialogue and discussion with the party that has the mandate
of the people.  We see this as an incorrect way." 

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NLD: STATEMENT #90
21 October, 1998 

National League for Democracy
No: (97/b) West Shwegondine Road
Bahan, Rangoon

STATEMENT 90 (10/98)

1.  On the 27 May 1998, the National League for Democracy held a convention
and commemorated the 8th anniversary of the multiparty general elections.
Because eight years had passed and the People's Parliament had not been
convened, all the branches of the League passed a unanimous resolution for
the Central Executive Committee to set a date for the convening of the
People's Parliament. Therefore, the Central Executive Committee asked the
authorities to convene the People's Parliament before the 21 August 1998.

2.  In Chapter 2, Section 3 of the  "Pyithu Hluttaw (People's Parliament)
Election Law " which was decreed by the authorities states that  "the
Hluttaw (Parliament) must comprise the representatives elected in
accordance with the provision of the law". Chapter 1, Section 2 states that
"Hluttaw (Parliament ) refers to the Pyithu Hluttaw (People's Parliament).
Therefore it is this People's Parliament that is responsible for the
enactment of laws for the functioning of the legislative, administrative
and judicial bodies of the state and not a constituent assembly formed
under a constitution.

3.  Because there is nothing in Section 3 of this law specifying who is
responsible for the convening of the parliament it can be interpreted to
mean that either the authorities, or the candidates elected by the people
at the elections or the political party winning the majority of seats can
call a parliament.

4.  The National League for Democracy having won the elections and being
aware of its responsibilities and obligations call on the authorities to
convene parliament which they have unjustifiably failed to do. Hence, the
league has proclaimed that it will convene parliament. This is legitimate
because according to convention parliament must be convened at the request
of 34% of parliamentarians. Here, the request is by more than 50%.

5.  Because of the critical situation that exists in the country today, the
people will wholeheartedly welcome the convening of parliament. Moreover,
the people firmly believed that a parliament would have been formed
immediately after the general elections. For this reason they cast their
votes for their representatives. There is no meaning otherwise. The people
would not have gone to the polls to cast their vote for a parliament that
would not come into existence.

6.  When a People's Parliament is created, democracy and human rights can
exist side by side and will flourish. This was what the people were
desperately looking forward to. But eight years have passed and it has not
materialised. If this is obliterated and effaced there will be great
dissatisfaction. Failure to convene parliament amounts to ignoring and
flouting the genuine wishes of the people. The people will rejoice when
parliament is convened otherwise, there will be no satisfaction of their
desire and adversity will be the consequences.

7. After the National League for Democracy had acted responsibly and
published its intention to fulfil its duties to the citizens of the Union
for the benefit of the country, the authorities did not take the
opportunity to find a peaceful solution that could have been acceptable to
the people and the political parties. Instead they immediately proceeded to
illegally arrest, imprison, threaten and coerce all NLD
parliamentarians-elect, members of organising committees from the State,
Division, Township, Villages and wards and ordinary members. In reality,
political parties act as a bridge between the people and the authorities.
The authorities completely fail to understand this point. Inappropriate
criminal provisions of law, meant for the worst offences are being resorted
to. This reflects badly on the enforcing authorities. There is no offence
whatsoever in political and /or activities for the good of the country
motivated and arising out of one's own free will and convictions. These are
virtuous acts free from any defilement. There is absolutely no foundation
to the charges by the authorities that these political activities offend
the law.

8. It is patently clear that the authorities are lying and are aware of
their dishonesty because they claim that these NLD parliamentarians-elect,
other parliamentarians NLD (States, Division, Townships, Villages, Wards)
organising committee members and ordinary members are being housed in state
guest houses for consultations. No essential details have been given.

9.  It is a blatant lie that these individuals have been taken in for
consultations. The real reason behind these unlawful arrests is to
facilitate the illegal pressure processes by which the authorities hope to
influence them. In our Statement No 70 (9/98) dated 23 September 1998, we
have expounded on this matter. Instead of providing these arrested persons
with their daily food, the authorities have illegally taken the food from
the private food stalls by threats and intimidation. We have expounded on
this matter in our Statement No 89 (10/98) dated 15 October 1998.

10. Details and reference to the relevant provisions of law have been set
out about these unlawful acts of restraint, criminal intimidation and
physical and mental torture that have been exercised on these individuals
in our Statement No 82(10/98) dated 3 October, 1998 and our Statement No 87
(10/98) dated 15 October 1998.

11.  Information received is that through processes of such mental and
physical torture exercised on these individuals and their families they are
making (a) parliamentarians sign letters of resignation despite their
unwillingness to do so (note- resignation is only possible with the
permission of the chairman of the parliament), (b) members from organising
committees sign letters of resignation from the position they are holding
and from the party despite their unwillingness to do so; (c) ordinary
members sign letters of resignation despite their unwillingness to do so.

12.	Among those arrested as aforesaid, there are some NLD members who for
various reasons have been out of touch with the party. The authorities have
taken advantage of such situations and twisted the facts to make it appear
that these individuals are defectors and that they are in full agreement
with the authorities. These persons have been released. We strongly
denounce such action.

13. Those NLD parliamentarians and other members who are standing firm
because of their political convictions on democracy and human rights and
will not cave in to the illegal pressures applied to them by the
authorities are being dispatched to the prisons. The practice adopted by
the authorities is to frequently apply for remand for flimsy reasons,
eventually charge them under inappropriate sections and obtain sentences of
imprisonment against them. This procedure of punishing innocent politicians
performing duties for the good of the country is a blemish in the history
of Burma.

14.	The above actions of the authorities contradicts the "rule of law"
which they allege they are observing. It amounts to illegal pressure
through restraint, beatings, persecutions and torture. The true fact is
that the authorities are committing criminal acts in their excessive and
illegal use of power. The word " authorities" includes all those giving the
orders, all those receiving the orders and all those executing those
orders. Using processes that contravene the law to obtain resignations from
the party is unacceptable to the NLD. In legal terms it must be deemed to
be ab initio void. We vehemently denounce it 

The Central Executive Committee, National League for Democracy
Rangoon, 21 October 1998 

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S.H.A.N.: SSA DEFIES JUNTA'S CALL TO KNUCKLE UNDER 
22 October, 1998 

Despite the ruling military junta's insistence that all the armed groups
toe the line, meaning its line, the Shan States Army seems to have chosen
to stand alongside the opposition.

Its statement No: 10 / 98, dated 16 October 1998, made clear that it fully
supported the Committee Representing the People's Parliament.

With the dry season approaching, a new offensive against the Shans has
started. Ten battalions were reported to be on a mission to hunt down
Commander-in-Chief Yawdserk and his mobile HQ. As a result, 42 of his
members, according to the Rangoon paper, the New Light of Myanmar,
surrendered to the junta troops.

However, the SSA alone could not take the credit of having deserters.
According to insiders, the junta's Northeastern Command alone recorded 514
deserters during its first four months of the year 1998. The highest
desertion was from Lt. C San Aung's 45th Infantry in Kutkhai.

S.H.A.N. (Shan Herald Agency for News) 

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ABSDF: BURMESE MILITARY BREAKS OWN LAWS 
22 October, 1998 

Burmese military authorities have broken their own laws by charging an
official of the National League for Democracy (NLD) under the 1950
Emergency Provision Act twice for the same alleged offence.

U Thein Aung, Salin township organizer of the NLD in Magwe Division in
central Burma, was arrested by Military Intelligence Service (MIS) Unit 19
on 7 September. He was charged under the 1950 Emergency Provision Act and
remanded in custody by a local court for two weeks at Sinphugyun police
station.

When the remand expired on 21 September a further remand was ordered until
6 October. After the expiry of this remand, U Thein Aung was transferred
from Sinpyugyun police jail to Salin police station on the order of MIS
officers. He was then charged again under the 1950 Emergency Provision Act,
despite the fact that he had already been charged for his alleged offence.
He is currently being held at Salin police station.

Spokesman for the Burma Lawyers Council, Aung Htoo, described such a
situation as a clear violation of Burmese law and Common Law legal principles.

"Charging a person more than once for the same offence and detaining him in
police custody in one place after another places the person in a position
of double jeopardy.  An independent judiciary would not permit such a
thing, and it would be unthinkable in a country governed by the rule of
law. Repressive actions of the authorities combined with lack of protection
for accused persons makes Burma an unsafe place for those considered to be
opponents of the regime."

Sources in Magwe said that MIS officers explained to U Thein Aung that he
was an "invited guest" at the police guesthouse to exchange views with the
authorities. Despite the claim, however, no exchange of views took place
during his extended period of incarceration.

U Tar and U Kan Oo, NLD Members of Parliament from Salin constituencies
arrested on July 20, are still in detention.

Since May this year, 979 NLD officials and MPs have been detained by the
military. The military regime has so far released only about 30 NLD
officials who have been deemed not to pose a threat to the military. Those
detainees who the military believes represent a danger have had their jail
terms extended, in some cases by being charged twice for the same offence.

Burmese military authorities have not released the names of those detained
since the mass arrests began, immediately after the NLD congress on May 27.

All Burma Students' Democratic Front
For more information please contact 01-253 9082, 01-654 4984

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KNU: PRESS RELEASE NO. 36/98 
20 October, 1998 

OFFICE OF THE SUPREME HEADQUARTERS
KAREN NATIONAL UNION, KAWTHOOLEI

KNU Press Releases No. 36/98 Regarding Human Rights Violations by SPDC
Thaton District

* 29.9.98: At 10 p.m troops from SPDC army IB 96,2th company led by Cpl.
Maung Bi arrested SawThein Dan, age 27, from Win-kan village and forcibly
asked him to shows where the KNLA positions were. Saw Thein Dan was
severely beaten although he frankly said that he did not know were the KNLA
positions were and he was released later. Due to the severe wound of the
torture, Saw Thein Dan was sent to Thein-za-yat hospital on October 7, 1998.

Tuongoo District

* 5.10.98:  Two columns of SPDC army from IB 48 and IB 73 went into
Si-daw-kho village and captured a 12 years old boy and a 42 year old women
with her 4 year old child and forcibly let them to go together with the
army columns. On that day 3 columns from IB 26m, 48, 30 destroyed and
burned down all the paddy field and huts in the area.

*6.10.98: Troops from SPDC army IB 48 and IB 30 seized 50 men and women
form Baw-ga-li village and forcibly let them carry food supplies to
Bu-sa-khee and Ta-kwee-soe  army camps. *8.10.98: At noon 3 columns of SPDC
 army from IB 24,48, 73 went into Bway-baw-doe area and shot at villagers,
destroyed paddy field and huts. The casualties of there villagers were
still not known but all the paddy fields and huts were burned and destroyed.

Nyaunglebin District 

*27.9.98: Troops from SPDC army IB 30 led by Lt. Soe Myint went into
Zee-gon village, Mon Township and robbed the houses of U Lun Maung and U
Tin Aye. They took away 12 gold chains, 12 gold rings, 6 pairs of
ornamental ear-plug and all the money they found.

*29.9.98 : AT 8:30 p.m. troops from LIB 315 led by commander Maj Khun Maung
went into a video cinema hall in Kyaw-kyi town and seized 50 person. A
ransom of 10,000 kyats for each person had to be paid for their release.
Any person who could not pay for the ransom was sent to Pa-pun area and
were ordered to destroy villages paddy fields.

Paan District

*12.10.98: Troops from SPDC army IB 207 under division 44 led by battalion
commander Thein Soe demanded 15, 000 kyats for each porter in 9 village
tracts in Pian Kyon Township and also must be paid monthly as follows :
(1)85,000 kyats for 7porrters in Pa-ta village tract (2) 60,000 kyats for 4
porters in Naw-mya-lwai village tract (3)60,000 kyats for 4 porters in
Naw-khee village tract (4)60,000 kyats for 4 porters in Pee-ta-ka village
tract (5)60,000 kyats for 4 porter in Kaw-nwe village tract (6)60,000 kyats
for 4 porters in Taung-zun village tract (7)60,000 kyats for 4 porters in
Kaw-lay-po village tract (8)45,000 kyats for 3 porters in Paung village
tract and (9)60,000 kyats for 4 porters in Htee-po-taray village tract.

Words & abbreviation: KNU=Karen National Union (Political wing of the Karen
resistance.) SPDC=State Peace and Development Council (Military
dictatorship of Burma): IB Infantry Battalion; Kyat=Name of Burmese currency;

(Translated, printed and distributed by the Karen Information Center)

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Xinhua: Myanmar, Brunei to Cooperate in Education 
22 October, 1998 

YANGON (Oct. 22) XINHUA - Myanmar and Brunei will cooperate in the field of
education as part of their efforts to strengthen bilateral ties.

Brunei Minister of Education Abdul Aziz Umar, who is currently here at the
invitation of his Myanmar counterpart U Than Aung, is due to meet Myanmar
education officials later Thursday and discuss the proposed cooperation.

In May this year, Brunei Sultan Hassanal Bolkiah paid a state visit to
Myanmar, during which the two countries agreed to set up a Joint Commission
for Bilateral Cooperation to further strengthen and expand their ties
particularly in economic, trade, social, cultural fields of mutual interests.

U Than Aung attended in Brunei in February the meeting of the Southeast
Asian Ministers of Education Organization (SEAMEO), chaired by Umar, who is
also president of the Southeast Asian Ministers of Education Council of the
SEAMEO.

Myanmar has planned to revise its education curriculum to conform to the
education standards in other member states of the Association of Southeast
Asian Nations (ASEAN), aiming to turn out skilled workers and technicians
in the process of human resources development.

A committee in the education sector is also being formed in Myanmar for the
participation in the activities of ASEAN along with other committees in
other sectors.

Both Myanmar and Brunei are ASEAN members.

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U.S. GOVERNMENT: STATEMENT ON MASSACHUSETTS BURMA LAW 
21 October, 1998 from <moe@xxxxxxxxxxxxx> (Julien Moe) 

TEXT: HAYES 10/20 STATEMENT ON MASSACHUSETTS BURMA LAW

(U.S. regrets EU, Japan requesting WTO dispute panel) (540)

Washington -- The United States "regrets and is disappointed" that the
European Union (EU) and Japan have again requested a World Trade
Organization (WTO) dispute panel over the 1996 Massachusetts sanctions law
against Burma, according to Rita Hayes, deputy U.S. trade representative
and U.S. representative to the WTO.

The Massachusetts sanctions law, also known as the Massachusetts Burma Law,
bars Massachusetts state agencies from buying goods or services from
companies doing business in Burma.

Hayes noted that both the European Parliament and the International
Federation of Chemical, Energy, Mine and General Workers' Unions have
called for economic sanctions against Burma and added that the European
Parliament approved a resolution September 17 criticizing the European
Commission's decision to "insist on a conflict resolution panel within WTO
over the law of the U.S. State of Massachusetts."

"It is unfortunate that the EC chose to ignore the requests of the European
Parliament and one of the largest EC workers' unions and have continued to
pursue this dispute to a panel," Hayes said.

Following is the text of the statement:

(begin text)

U.S. STATEMENT ON MASSACHUSETTS BURMA LAW DEPUTY U.S. TRADE REPRESENTATIVE
RITA HAYES U.S. REPRESENTATIVE TO THE WORLD TRADE ORGANIZATION IN GENEVA
OCTOBER 20, 1998

The U.S. regrets and is disappointed that the EU and Japan have again taken
the step of requesting a panel, given the strong interest of all three
parties in improving the human rights situation in Burma. The U.S. remains
concerned about the extensive abuses of human rights by the SLORC regime in
Burma, which has been internationally condemned.

Indeed, we note that on 17 September, the European Parliament approved a
resolution which called on the EC to impose economic sanctions that would
end all trade, tourism, and investment in Burma, and to exert additional
pressures on the Burmese Regime. The European Parliament resolution also
criticizes "the Commission decision to insist on a conflict resolution
panel within WTO over the law of the U.S. State of Massachusetts."

Moreover, several days ago, the International Federation of Chemical,
Energy, Mine and General Workers' Unions representing more than 20 million
EC workers called on Sir Leon Brittan to "sever all trading links with
Burma until democracy is restored." The Union also noted "global public
opinion will see the EC's pursuance of the Commission's case in the WTO as
implying EU support for one of the world's most brutal and corrupt military
dictatorships."

It is unfortunate that the EC chose to ignore the requests of the European
Parliament and one of the largest EC workers' unions and have continued to
pursue this dispute to a panel.

The U.S. Government, with the assistance of and in consultation with
officials from Massachusetts, will continue its efforts to reach a mutually
satisfactory resolution with the EU and Japan without prejudice to the
rights of the U.S. under the WTO agreements.

If this dispute goes to a panel, the U.S. will defend the measure.

(end text)

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REUTERS: BUSINESSES TOLD HUMAN RIGHTS CAN HIT BOTTOM LINE 
25 October, 1998 

BANGKOK, Oct 25 (Reuters) - Companies worldwide are under growing pressure
to consider human rights when deciding where and how to do business and
they ignore the issue at their peril, participants at a U.N. meeting said
at the weekend.

Having learned already to pay attention to environmental issues as well as
profits, firms are now having to think of human rights as a "third bottom
line", the participants said.

"Human rights, in short, has moved closer to the bottom line for the
companies," said Leiv Lunde, Norway's deputy minister for development and
human rights.

Delegates credited the trend to the shock of recent economic crises, the
need to stay competitive in a crowded global marketplace and the
communications revolution caused by the Internet, which meant information
on rights abuses and firms that colluded in them could be instantly and
widely disseminated.

Opening Saturday's meeting on Human Rights and Business Ethics, Thai
Premier Chuan Leekpai, whose government organised the event for U.N. Human
Rights Day, urged business to do its bit.

"We have to encourage business to recognise its responsibilities towards
society go beyond activities motivated primarily by profit," he said.

Norway's Lunde said many investors now sought out "clean" companies, while
firms liked to portray themselves as "environmentally friendly", "ethically
aware" or as patrons of the arts, culture and sports.

"A firm with an image like this can't afford to be exposed as one using
child labour or contributing to the power base of a government that commits
gross human rights violations," he said.

Wesley Cragg, president of business ethics watchdog Transparency
International, said respect for human rights was beginning to appear in the
codes of multinationals.

"Segments of the business community are becoming increasingly aware that
unethical practices work to undermine economic development and market
economies," he said.

Jeans-maker Levi Strauss, for example, requires its suppliers to respect
fundamental rights and engages non-governmental organisations to monitor
its activity.

Norway's Statoil requires all its employees to take courses in human rights.

Robert MacGregor, president of the Minnesota Centre for Corporate
Responsibility, pointed to the damage done to sportswear manufacturer Nike
when it was reported that its overseas workers were mistreated.

Nike was pilloried by rights groups and the press and responded in April by
announcing it would raise minimum wages for its workers in Asia and improve
factory conditions there.

Former Thai prime minister Anand Panyarachun urged Thai non-governmental
organisations to follow the lead of their Western counterparts and pressure
firms to promote human rights.

"Companies have been responding to such pressures," he said. "Those that
get bad press about human rights violations have seen consumers boycott
their products. In the long run their bottom line suffers."

Amnesty International's Kate Gilmore said firms whose images suffered by
association with authoritarian regimes included Shell in Nigeria and Unocal
in Myanmar.

Amnesty urges business to take a planned, pro-active approach to human
rights, she said, adding: "Without the involvement of the sector, human
rights cannot be secured."

Firms ignore human rights at their peril, she said.

"There are obvious examples of failure: it's difficult these days for Union
Carbide to extract its corporate image from Bhopal, Shell's image is still
stained by Nigeria," she said.

A subsidiary of U.S. multinational Union Carbide Corp owned a pesticide
plant in the Indian city of Bhopal in 1984 when the plant leaked poisonous
gas, killing up to 6,500 people.

"On the other hand, there are examples of potentially competitive benefits
for companies that have distinguished themselves in their stands for human
rights," Gilmore said.

These included Canon Inc, the Body Shop, ice-cream maker Ben and Jerry's
and Motorola, she added.

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