Press Release - UK Burma Campaign

[TheTruth@xxxxxxxxxxxxx]

Subject: Press Release - UK Burma Campaign  ::  High Court paves way for sanctions against Burma

For Immediate Release, December 2, 1999
 
 High Court paves way for sanctions against Burma
 
 A High Court case has today paved the way for the Government to ban
 investment by British companies in Burma. Burma's ruling military
regime
 has one of the worst human rights records in the world and was recently
 described by the UN as 'at war with its own people'.
 
 The Burma Campaign (TBC) brought a judicial review against Robin Cook,
the
 Foreign Secretary, over his approach to investment sanctions against
the
 military regime in Burma.  In opposition, Labour supported sanctions
but in
 Government said, that for legal reasons, it could not impose them.
 
 This was because, under the European Union treaty, a member state can
only
 go it alone with an investment ban if the situation in the country in
 question can be described as 'urgent'.  Mr Cook accepted that the human
 rights situation in Burma is appalling but said that it was not urgent
 because it had been appalling for such a long time.  TBC has argued
 throughout that 'urgent' simply means 'needs addressing quickly'.  The
long
 history of oppression in Burma does not detract from the urgency but
rather
 adds to it.
 
 This morning Mr Cook conceded that he was wrong.  He also accepted that
the
 Government could introduce legislation banning investment in countries
 where the human rights situation is urgent.
 
 In 1990 Burma's regime ignored the election which gave an overwhelming
 victory to Nobel Peace laureate Aung San Suu Kyi's National League for
 Democracy (NLD).  In a statement given to TBC before the case, Aung San
Suu
 Kyi said she strongly supports investment sanctions against her
country.
 So does Archbishop Desmond Tutu and a host of other world figures.
 
 John Jackson, a TBC director said: 'We applaud Robin Cook for being
willing
 to accept that his original legal advice was wrong.  The way is now
clear
 for the Government to take a lead on Burma and bring real pressure on
the
 regime.  The immense suffering of the Burmese people deserves immediate
 action from Britain.'
 
 Notes
 
 1. The Burmese regime has been condemned in the strongest terms - as
 recently as 12 November by the United Nations for its widespread use of
 torture and other forms of repression.  The International Labour
 Organisation recently accused it of a 'crime against humanity' - the
most
 serious breach of international law - for its systematic use of forced
 labour of millions of people (including women and children).  Hundreds
of
 thousands have fled to Thailand and other neighbouring countries,
posing a
 threat to regional stability and peace.  In addition Burma is one  of
the
 largest exporters of heroin and Regime leaders are principal
beneficiaries
 of traffiking.
 
 2. The EC treaty provision in question is article 60.2 (added by the
 Maastricht treaty), which allows member states to impose financial
 (investment) sanctions unilaterally if there are 'serious political
reasons
 and on grounds of urgency'.  The Government did not dispute that
serious
 political reason exist.  The issue centred around the meaning of
'urgency'.
 It was common ground that trade sanctions can only be imposed by the EU
as
 a whole.
 
 3. The Government has unilaterally imposed measures short of sanctions
on
 Burma, such as withdrawing support for trade missions. It discourages
 tourism. It therefore clearly believes economic pressure is justified
and
 potentially effective. Indeed, Mr Cook, in his Labour Conference speech
 this year, said that a policy of isolating Burma was justified given
its
 appalling human rights record, and castigated the Conservatives for not
 backing sanctions against apartheid South Africa. Twice this year, Mr
Cook
 has publicly urged Premier Oil (see below) not to proceed with its
 investment in Burma.
 
 4. Premier has a 27% stake in the Yetagun gas pipeline which will
supply
 Burmese gas to Thailand. The pipeline costs well over $700m. There are
 well-documented human rights abuses associated with the Yetagun
pipeline
 area and the construction of a parallel pipeline by Total and Unocal.
The
 military benefit hugely from major infrastructure projects of this
sort,
 while the people of Burma get progressively poorer. The people of
Burma, a
 country rich in natural resources, remain near the bottom end of human
 development tables.
 
 5. In 1997 President Clinton banned new investment by US companies in
Burma.
 
 6. Judge Lallah, the UN Special Rapporteur on BUrma, told the UN on 4
 November: '...at the very worst, we are faced with a country which is
at
 war with its own people. At the very best, it is a country which is
holding
 its people in hostage'.
 
 For further information contact:
 
 John Jackson            tel: 0171 281 7377      mobile: 0961 357 391
 
 Yvette Mahon            tel: 0171 281 7377      mobile: 07957 301 346