The BurmaNet News: July 16, 1999 (r)

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The BurmaNet News: September 16, 1999
Issue #1360

HEADLINES:
==========
REUTERS: BRITISH WOMAN FACES LONG MYANMAR JAIL TERM 
IRRAWADDY: RIGHT PERSON, RIGHT PLACE 
IRRAWADDY: IS TOTAL THE NEXT UNOCAL? 
AP: EXILED MYANMAR STUDENTS PROTEST 
SCMP: DAM TALKS EXCLUDE MINORITY GROUPS 
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REUTERS: BRITISH WOMAN FACES LONG MYANMAR JAIL TERM 
15 September, 1999 

YANGON, Sept 15 (Reuters) - A British woman arrested for a pro-democracy
protest in Myanmar was told by a Yangon court on Wednesday she would be
tried for breaking the country's draconian emergency laws.

Londoner Rachel Goldwyn, arrested on September 7 after tying herself to a
lamp post in central Yangon and shouting pro-democracy slogans, faces a
jail sentence of at least seven years if convicted under the Emergency
Provisions Act, which has been used by the military government to suppress
dissent.

Goldwyn nodded when asked if she planned to mount a defence and the brief
session of a special court outside the jail where she has been held was
adjourned until Thursday morning to allow her to arrange legal counsel.

Local political analysts speculate that while Goldwyn could receive a long
sentence she may then have that suspended and be deported since it was her
first offence.

Goldwyn was the second Briton arrested in Myanmar for pro-democracy
activism in just over a week. She has been held at the notorious Insein
Jail where many political prisoners have been detained in the past.

On September 1, James Mawdsley, 26, from Lancashire, who also holds an
Australian passport, was jailed for 17 years after entering the country
illegally carrying pro-democracy leaflets.

On Wednesday, British vice consul Karen Williams and an Australian official
saw Mawdsley in jail in the northeastern town of Kengtung for the first
time since his arrest.

``He's fine and the vice consul's been in touch with his father and there's
no cause for concern in that sense,'' the British embassy official said.

Mawdsley had asked the British embassy to handle his case, but the official
said he was unable to say whether the activist intended to appeal against
his sentence.

Goldwyn, her blonde hair tied in a ponytail, appeared calm when she
appeared in court flanked by two policewomen. She  wore a blue shirt, a
pink traditional sarong and ``thanaka'' -- facial makeup made from roots
that is popular with women in Myanmar.

The British official said a lawyer had been arranged for Goldwyn who would
be with her in court on Thursday.

``She was in good spirits and fairly fit and well and she told me she is
certainly not being mistreated,'' the official said.

On Monday, the government's daily information sheet published a letter from
a Myanmar historian describing both Britons as ``criminal mercenaries.''

The arrests came amid a crackdown to thwart an uprising dissident exiles
called for last week that did not materialise.

Diplomats estimate authorities arrested more than 100 local activists in
Yangon and others in the provinces in the past month to prevent the
uprising. Dissidents put the number of arrests at about 500 while the
government has reported fewer than 40.

Myanmar's military does not tolerate dissent and has been widely criticised
for rights abuses since taking direct power in 1988 by killing thousands to
crush a pro-democracy uprising. It then ignored the last general election
in 1990 when the opposition National League for Democracy won by a landslide.

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THE IRRAWADDY: RIGHT PERSON, RIGHT PLACE
August, 1999 by Thar Nyunt Oo

VOL.7 NO.7

Recently, the Australian government has proposed the establishment of an
independent human rights commission in Burma. Thar Nyunt Oo takes a look at
the Burmese government human rights record and history of its concessions
to the West in his exploration of the prospects of the proposal.

In the first week of August 1999, two different news stories came out about
Burma: First, the 3-year-old daughter of a pro-democracy activist was
arrested by Military Intelligence as a means of forcing him out of hiding
and, second, Australia's human rights commissioner, Chris Sidoti said that
the Burmese regime had expressed interest in establishing a human rights
body in Burma. The junta denied the former story, while the international
community was surprised by the latter.

Australian Foreign Minister Alexander Downer first proposed the idea for a
human rights watchdog a year ago. In the July Asean foreign ministry level
meeting, Mr. Downer raised the issue again with Win Aung, foreign minister
of the Burmese regime, and Chris Sidoti, Australia's human rights
commissioner, was able to visit Burma through a favor by Win Aung. Upon
return from a three-day visit to Burma, Sidoti said he had been surprised
by the expressions of support at several meetings with Burmese officials
over setting up a national human rights body. This became popular news
amongst Burma watchers and diplomats. However, neither story surprised me. 

While I was hiding inside Burma just after the 1996 students' movement, my
father was called by the Military Intelligence Services (MIS), who were
looking for me. They forced him to phone my colleagues and placed a small
microphone on his shirt collar. Because of their use of intimidation
against him, he had to do as they ordered. Then he was detained for three
days at interrogation center. In a similar story, one of my colleagues from
the Delta region was sought for arrest, but his father, who was over 50
years old, was arrested first by the MIS, who tortured him.

Such incidents are matter-of-course in our community, and we joked about
them to defuse our tension about these bitter experiences. We activists
know well that our families also have to sacrifice their lives and their
interests if we are involved in democracy and anti-government movements. So
while the world was shocked by the news of a 3-year-old's arrest, it wasn't
so surprising for Burmese activists. Such human rights violations committed
by the regime are simply a matter of routine.

The junta still commits widespread human rights abuses, including arrests,
torture, intimidation, harassment and forced labor. Despite this litany of
human rights abuses committed by the military government, the regime has
expressed interest in establishing a human rights commission as a result of
Sidoti's visit. Some activists have dismissed this news as meaningless, but
others have concluded that it is a positive sign for Burma. 

The military government always promises to do what the international
community and the Burmese people desire, and they show good intentions
whenever they are faced with a critical situation. But everyone should
remember the promises made by the regime when they took power in 1988. They
vowed to hold an election and to transfer power to the elected body. An
electoral commission was formed in order to supervise the election. While
the government announced the election results in 1990, it hasn't followed
through on its promise to honor the them. Moreover, it has interfered in
the activities of political parties and their internal matters. The
government exists above the electoral commission, which is unable to
prevent the junta's interference. 

Though the electoral commission was established for the multi-party
democratic system, it could not operate in a democratic way. It became a
hollow shell of the junta's promise of a multi-party democracy system. Many
NLD members have been pressured to resign by the government. Rather than
resign to the NLD they are forced to resign to the electoral commission.

Other empty actions include the junta's establishment of a Burmese women's
association, an entrepreneurs' organization and some technological
institutions. They were formed after the lack of civil society and free
institutions became a popular issue. 

But these are all totally controlled by the regime and have become props
for the military. These organizations work to strengthen military rule and
implement the government's policies. Actually, the military regime doesn't
want independent institutions nor an empowered civil society. But they need
international recognition and support for their rule, so they set up these
associations under their control and to get support and legitimacy through
them.

However, they are stubborn about the human rights situation, because they
have executed widespread human rights abuses in every sector of society in
order to solidify their military power. They have proclaimed that democracy
and human rights are copied from Western thought and are not Burmese
traditions. In 1996, some lawyer, youths and students secretly formed a
human rights committee. The committee released a report on human rights
abuses in Burma and the events of the student movement of October and
December 1996. The authorities arrested these human rights' activists and
intimidated them into stopping this. One of the youth activists was charged
with the crime of being involved in a human rights movement and was
sentenced to a long-term prison stay for this activity. The military regime
described the human rights activists as their enemy, as their actions are
against the military's rules. 

As the regime comes to realize that Burma can no longer afford to be
isolated from the world, they have tried to become closer to other
countries. This is a good sign for Burma. But the government's initiatives
to gain closer relations with other nations should be done with good
intentions for the Burmese people, not just to enhance the military's
power. For civil society to appear in Burma, military rule and its
administration must be stamped out and a civilian administration and
government must be substituted. Civil society and military rule are
completely incompatible, and the prevention of human rights abuses is thus
inconceivable in the absence of democratic rule. 

To advance the human rights situation in Burma, we should learn who
violates human rights and what prevents them from being exercised. We
shouldn't focus only on one tree but instead try to see the whole forest.
It is impossible to stop human rights abuses without any consideration for
the surrounding environment. Most human rights violations stem from
political and social problems. Also they are related to the type of
government administration. So we cannot shy away from criticism of
particular political systems when we are discussing human rights.

Two essential preconditions that should be met before the establishment of
a human rights commission are freedom of speech and freedom of the press.
Without these freedoms, the commission cannot hope to possess the power to
enforce respect for human rights. Unless freedom of expression is
guaranteed, the human rights commission will not be able to accurately
assess the situation, and could even be used to cover up human rights abuses.

When the regime sets up a human rights body, who will participate in and
initiate it? It is unacceptable to install a human rights body managed by
the junta and their cronies who are actively involved in the human rights
abuses. It is like appointing a tiger to guard rabbits. 

Mr. Sidoti said in his press release, "Whether the (opposition) National
League for Democracy likes it or not, the simple fact is that the NLD is
not presently in a position to do very much at all about protecting the
human rights of the people of Burma." 

But Mr. Sidoti has forgotten that the NLD and other opposition groups in
Burma were the ones who initiated human rights activities in Burma.  So it
is important to choose the right people for a human rights body in order
for it to be helpful for the people. 

If not, the human rights body will become an oppressive mechanism that
assists the rule of the military just like every other legal organization
in Burma. Anyway, we welcome the attempts of the Australian government to
support human rights in Burma. However, as a former political prisoner and
someone who has suffered from human rights abuses, I believe that a human
rights committee that exists without freedom of the press and other
independent institutions is not a good prospect for Burma.

We want someone we can trust to control the human rights body. I think the
intention of the Australian government is right, but the right people to
approach to restore the human rights in Burma aren't the military
government that has committed human rights abuses for a decade. It must be
a civilian body.

Thar Nyunt Oo is a former student activist now living in Thailand.

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THE IRRAWADDY: IS TOTAL THE NEXT UNOCAL? 
August, 1999 by Win Htein

As the French government examines Total's involvement in Burma, Win Htein
asks if the oil giant is facing the same fate as US-based Unocal.

About 10 soldiers with assault rifles blocked the road and shouted "No go,
no go" when a group of French parliamentarians arrived at the gate of Htam
Hin refugee camp in Suan Peung district of Ratchaburi province near Bangkok.

The MPs wanted to meet refugees who had escaped from the Kanbouk area,
where Total Company, France's worldwide oil giant, is working. The MP group
was on a fact-finding mission for their investigation of allegations of
human and environmental rights abuses by Total in the Yadana pipeline project.

The $1 billion Yadana project was completed last year and has already begun
pumping gas to Thailand. In 1992, Total of France, Unocal of the United
States and the Petroleum Authority of Thailand (PTT) joined with the
Burmese military in a 30-year contract to buy gas. But the 700-kilometer
pipeline project, from the Gulf of Martaban to Ratchaburi province in
Thailand, faces many accusations and problems.

"We need to meet those refugees, it is not long, just through the camp by
this car," requested Ms Marie Helene Aubert, the leader of the French
delegation.

But the soldiers, under command of the 9th Division of the Thai Army, did
not allow them to enter. "If you want to come in, you must show a letter
from the Interior Ministry or the Governor," one soldier replied.

Htam Hin is infamous among the 15 camps with about 150,000 refugees along
the Thai-Burma border. Here about 8,000 refugees have lived under plastic
roofs and bamboo shelters for the past two years. No one is allowed to
leave the camp and no visitors are allowed in because this camp is very
close to the gas power station, and many refugees are angry about the
Yadana project.

"This trip's objective is to find facts about whether Total has abused
human and environmental rights in the Yadana project. Total's activities
reflect on French foreign policy," explained Ms Aubert to the Democratic
Voice of Burma.

The three-member mission visited Burma's Kanbouk region in the first week
of March before arriving in Thailand. During their three-day trip in Burma,
the politicians flew from the Andaman Sea to the Thai border along the
63-kilometer Yadana pipeline.

"We did not see any big problems or any soldiers. We stopped in the two
villages, Karen and Burmese. We saw some development projects by Total such
as schools, dispensaries, livestock etc. But the villagers seemed unhappy,
and they were worried to talk about Total when we asked them questions,"
continued the mission leader.

"Some Rangoon-based diplomats told me that there was a big conflict between
the Burmese army and Karen people in the pipeline area. In my mind, our
company should invest after local stability has been established. Now,
Total is affected by the Burmese army's bad image."

In reality, there are many problems along the pipe route such as security,
human rights, environmental destruction, etc. "This project is of no
benefit to us (the poor). I cannot pay 10,000 kyat to the labor officer, so
I cannot obtain a job with Total," said Ma Ngwe, a 22-year-old Tayoyan,
living in the Burmese quarter of Thong Pha Phum district. There are about
3,000 Burmese living in this isolated quarter who left Kanbouk to escape
harassment from the military.

Recently, the 9th Division of the Thai Army and the Karen National Union
(KNU) claimed that the western oil giants had provided financial backing
for the Burmese to protect the Yadana pipeline and to suppress minorities
near the border.

"The western firms added fuel to the fire between the SPDC and KNU. All
investors are like killers because they support the Burmese junta's ethnic
cleansing," accused Padoe Thaw Thi, a spokesman for the KNU 4th Brigade,
which is believed to have mounted a series of attacks on Total's compound
and construction site.

During their attack, at least five workers, including a French national
from Total, were reported killed and 11 injured. In retaliation, the
Burmese army displaced 11 Karen villages: Zinba, Michunglong, Loukthing,
Ngwelai, Wataw, Makel, Mayanchung, Thontanku, Kyuklongyi, Eti and
Taungchaeyin.

In the last offensive of February 1997, the SPDC troops attacked Minthamee,
the headquarters of the KNU 4th Brigade. Eventually, about 15,000 refugees
fled to Htam Hin and Ban Tongyan (opposite Sankhlaburi) on the Thai border.

Moreover, the junta reinforced their troops to 40 battalions from the
original 5 to maintain tight security on this project. Many villagers
worked for soldiers as porters and forced laborers, supplying their own
construction materials like wood, bamboo and thatch. In addition, land was
allegedly confiscated without any compensation.

Nowadays, the relationship between Total and the army officers is very
close. A source inside Burma insists that financial aid to the Burmese
military from the oil firms is a fact. It was alleged that last July, Total
contributed five million kyat to the army's fund for each of 12 battalions
(LIB 401-410 and Infantry Battalion 273 and 282) guarding the pipeline. In
addition, Total gave four-wheel drive vehicles and petrol for each
battalion commander. Sometimes, Total's helicopters and trucks are used to
transport food and ammunition for troops guarding the pipeline.

Although the oil firms supported the generals with over $400 million per
year for 725 million cubic feet gas per day (4,600 megawatts), the local
people do not even have electricity in their villages.

"In Tavoy, (the capital of Tenasserim division) we have received just four
hours of electricity for every two nights. How can we do business?"
lamented a Tavoyan businessman, who recently fled to Thailand to find a new
job.

"General Sitt Maung (the division commander) promised that there would be
24 hours of light when the Yadana project was completed. But now, they are
just interested in US dollars rather than in promoting local development,"
he continued. "While Burma is facing a shortage of electricity, they are
selling natural gas to foreigners."

Meanwhile, on the other side of the border in Thailand, community groups
opposing the Yadana pipeline held a conference in Kanchanaburi on the first
anniversary of the halt of their protest in Hway Kha Yaeng forest after the
government agreed to their demands.

"This is the first anniversary of my appearance in court. The government
and the PTT did not make any progress with their promise. This means that I
will be sure to continue against this project," Thai social critic Sulak
Sivaraksa told Democratic Voice of Burma (DVB) in the seminar.

"Now, the Chuan government invited General Than Shwe to visit while the
west bloc has planned to cancel visas [for Burmese officials]. He said that
he never planned to go to Burma and would never invite Burma's dictator."
Sulak is now facing a lawsuit brought by the PTT for obstructing the
construction of the pipeline in the forest.

Even though the Yadana project is controversial in the region, another new
pipeline is beginning in the same area. That is the Yetagon pipeline, south
of Yadana, which will be completed this summer. Premier Oil of the United
Kingdom, Nippon Oil of Japan and Petronas of Malaysia (substituted for
Texaco) joined with PTT for a 30-year contract in 1997.

Why have these oil firms invested in Burma, while their governments have
planned economic sanctions? Is it just talk?

"We are trying to sue these companies to withdraw from Burma. Some US firms
have withdrawn such as Texaco, Arco, Pepsi, Ericson, etc. Now, we have
taken out a lawsuit against Unocal and will move onto Total, Premier Oil,
etc.," said U Bo Hla Tint, the Minister for South & North American affairs
of the exiled National Coalition Government of Union of Burma (NCGUB).

The suit was filed in Los Angeles, where Unocal has its main office. It was
filed by Burmese who had been displaced, killed or forced into labor.

"This lawsuit will be completed next year, now we're over half-way there.
We hope they (Unocal) withdraw because now they are facing some pressure
through the media," added U Bo Hla Tint.

The French mission's report will be presented to their parliament in June.
Then their government will make a decision on whether Total should withdraw
or continue. The parliament has some similar experiences with Cameroon and
South Africa.

"It's too early to give a conclusion for Total's future. But we hope things
will get better in the pipeline area," commented Ms Aurbet.

However, the oil giants have learned the lesson that if they want to do
business in the military-controlled area, there are many human rights and
environmental issues to contend with. This is because today they must face
pressure for their support of the Burmese military. Having learned this,
they should now consider withdrawing their investment from Burma.

If they do not withdraw from Burma in time, will Total, Premier Oil, Nippon
Oil, Petronas and PTT face lawsuits as well?

Win Htein is a correspondent for the Democratic Voice of Burma and a
regular contributor to the Irrawaddy.
 
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Associated Press: Exiled Myanmar Students Protest 
14 September, 1999 

BANGKOK, Thailand (AP) -- Nine exiled students began a hunger strike
Tuesday in front of the Myanmar Embassy in the Thai capital, demanding the
release of political prisoners held by the Yangon military regime.

Sitting in front of the diplomatic compound in central Bangkok, the
students each held feathers from a peacock -- the symbol of democracy and
student campaigners in Myanmar, also known as Burma.

``The military regime has systematically oppressed the people's struggle,
and arbitrarily arrested more than 500 activists this month, including many
of our members,'' a statement from the All Burma Basic Education Students'
Union said.

Their protest also supported the so-called 9-9-99 campaign for disobedience
inside the military state, which failed when authorities tightened security
and threatened to ``annihilate'' agitators.

Myanmar authorities acknowledged arresting about 40 people in the run-up to
Sept. 9, while diplomats estimated 100 were arrested.

Myanmar students exiled in Thailand have been demonstrating in front of the
embassy in Bangkok since the start of the month. It was unclear how long
they planned to continue their hunger strike.

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South China Morning Post: Dam Talks Exclude Minority Groups 
15 September, 1999 by William Barnes 

Thai-based environmentalists yesterday accused the American organisers of a
conference of going behind the backs of vulnerable ethnic groups in
discussing massive Burmese dam projects in private.

Oregon University, in co-operation with Bangkok's Asian Institute of
Technology, asked representatives of the military regime and various
business groups to discuss ways of damming Burma's Salween River.

The organisers deliberately excluded members of the opposition or ethnic
groups from this week's Chiang Mai meeting to avoid upsetting Rangoon.

Activists claim the conference legitimises and encourages controversial
proposals to inflict potentially massive disruption on communities which
will have no veto over development.

Proposals to dam the Salween, where it runs through Shan State, for
hydropower and water diversion are likely to make the controversial Total
gas pipeline project in Burma's southern panhandle look tame, they argue.

The now-completed pipeline project has been slammed by human rights groups
for leading to the demolition of villages, forced labour and increased
repression.

Thirty-five Thai and Burmese human rights and green groups signed an open
letter this week demanding that all future talks over the exploitation of
the Salween recognise the right of local people to take part in any
negotiations.

"This meeting isn't even-handed. It's for dam-builders, not the real
stakeholders," the director of the Southeast Asia Rivers Network,
Chainarong Sretthachau, said.

The meeting has been attended by representatives of the World Bank and the
Asian Development Bank - keen dam-building institutions - and several
private companies, as well as by officials and academics.

Observers with political or environmental axes to grind fear proposals to
build a big Salween dam will acquire an unstoppable momentum if an
institution can be found to put up the money.

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