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Special Posting: Testimony before t



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 "Appropriate Information Technologies, Practical Strategies"
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The BurmaNet News: September 30, 1998

Special Posting: Testimony before the U.S. House International Relations
Committee, Subcommittee on International Operations & Human Rights,
Subcommittee on Asia & The Pacific

HEADLINES:
==========
TESTIMONY OF HONORABLE GARE SMITH
TESTIMONY OF U BO HLA-TINT
****************************************************************

Prepared Testimony of Honorable Gare Smith, Acting Assistant Secretary,
Bureau of Democracy, Human Rights and Labor, Department of State Before the
House International Relations Committee Subcommittee on International
Operations & Human Rights Subcommittee on Asia & the Pacific

Subject - Human Rights In Burma

28 September, 1998

Chairman Smith, Chairman Bereuter, and members of the Subcommittees, thank
you for this opportunity to appear today to report on the ongoing
courageous struggle of the Burmese people for democracy, and to address the
work being done both bilaterally and multilaterally by the State Department
to promote freedom in Burma.

You have consistently demonstrated concern for the people of Burma, and are
to be commended for taking precious hearing time at the end of this session
of Congress to focus on Burma. Because this is an issue that is very close
to my heart, I am especially pleased that this, my first testimony before
the House International Relations Committee, provides me with an
opportunity to praise the Burmese people in their struggle to exercise
internationally-recognized basic human rights. The people of Burma continue
to live under a highly repressive, authoritarian military government that
is widely condemned for its serious human rights abuses. Although the
military government has changed its name from the State Law and Order
Restoration Council (SLORC), to the State Peace and Development Council
(SPDC) there has been no real change in its repressive policies. The regime
also has tried to rename the country Myanmar. We agree with the National
League for Democracy that a country's name should not be changed without
the consent of its people.

In 1988, the people of Burma demonstrated against 25 years of military rule
in a countrywide popular uprising unprecedented in Burma's history. The
military violently suppressed these demonstrations, killing thousands of
protesters. They imprisoned additional thousands of regime opponents in
harsh - and sometimes fatal - conditions. Even while holding on to power
through force of arms, however, the military promised to hold elections in
1990.

Those elections, as you know, resulted in an extraordinary victory for the
National League for Democracy, which won 392 of the 485 seats contested.

The people of Burma overwhelmingly rejected the SLORC (whose National Unity
Party won only ten seats), and showed their support for democratic,
civilian rule. This took place despite the regime's efforts to cow its
opponents, including barring major democratic leadership figures from
running for office and placing its most prominent opponent, Aung San Suu
Kyi, under house arrest. Despite this definitive mandate for change, the
regime never recognized the election and the Burmese people have continued
to suffer.

Almost a decade later, Burma remains mired in political repression and
economic stagnation. Despite vast natural resources, it continues to rank
as one of the poorest countries in the world. Its economic troubles are
largely a result of the regime's own mismanagement and heavy-handed
policies, which have sent the Burmese economy into a downward spiral the
regime appears unable to halt. U.S. and European investors continue to pull
out due to the unfavorable economic situation. Asian investment has also
declined, due to the region-wide economic crisis. Sanctions also play a
role in making Burma an unattractive place to produce goods for export.

When the military took over in 1962, Burma was perhaps the richest and best
educated country in Southeast Asia. Now it has become one of the poorest
and worst- educated.

This situation will take years to remedy.Recently, the International Labor
Organization published a scathingly critical report on Burma's labor
practices. The U.S. Department of Labor's report on forced labor, issued
last Friday, includes evidence on the use of forced labor gathered by U.S.
government officials. The United States and the ILO are particularly
critical of the use of forced labor for public works construction and in
support of military operations.

Burma's unwillingness to fight drug trafficking on its territory affects
its neighbors and other parts of the world as well. Burma is the world's
largest producer of opium and heroin. It produces about 90 percent of
Southeast Asia's opium and about half of the worldwide supply. The
continuing high levels of opium production, combined with increased
production of methamphetamines, has exacerbated drug addiction rates in
China, Thailand and India.

There is evidence that corrupt elements in the military may be aiding the
traffickers, and there are signs that the SPDC encourages traffickers to
invest their ill-gotten gains in a multitude of development projects
throughout the country. As Secretary Albright has noted, criminals who
traffic in drags are treated like honored citizens, while citizens who
speak out for a more lawful society are treated like criminals.

The regime also has failed to stem the tide of trafficking of women and
children. Burmese women and girls, especially members of ethnic minorities,
are trafficked throughout Southeast Asia to work as prostitutes. This
reprehensible practice also facilitates the spread of HIV and AIDS. 1997
estimates show over half a million Burmese infected with HIV. As Secretary
Albright has noted, Burma has become the epicenter of the regional AIDS
crisis. The epidemic there is out of control and is growing faster than
anywhere in Southeast Asia. The epidemic is now spreading to India,
Bangladesh, and China, where 80 percent of reported HIV infections are
found along the Burmese border.

In response, the government has continued to deny the existence of an
epidemic. As a result, there has been virtually no public education. We are
now working with Radio Free Asia and the Voice of America to broadcast
lifesaving information to the Burmese people Burma's long cycle of
repression and economic stagnation can be brought to a close. The military
regime could end tomorrow its sorry history of political repression and
economic stagnation. The parliament elected in 1990 is ready and willing to
guide Burma's return to democratic government. This summer, the NLD again
called for the government to convene the parliament. Instead of grasping
that historic opportunity for a peaceful transition to a
democratically-elected government, the regime to this day refuses to honor
the results of that election.

Chairman Smith and Chairman Bereuter, I do not need to remind you of the
regime's record of silencing democratic voices. At a time when the Burmese
people and the whole world embraced Aung San Suu Kyi as a hero of
nonviolence and democracy, the SLORC held her under house arrest for six
years. During this period, in 1991, she was awarded the Nobel Peace Prize.

When the regime finally released her from house arrest, she immediately
resumed her efforts to reach out to the people of Burma and to press the
military regime to enter into a dialogue with the democratic leadership.
She steadfastly resisted all efforts to intimidate her.

Earlier this year, she engaged in a series of principled confrontations
with the military as she attempted to meet with NLD members outside Rangoon.

When the military refused to allow her to complete her trips, she refused
to back down. A series of roadside standoffs ensued. In one case, the
military forcibly returned her to Rangoon.

The United States, as you know, strongly supported her right to travel and
to meet with party members.

As Secretary of State Madeleine Albright said, "(W)e deplore the government
of Burma's refusal to allow members of the National League for
Democracy...to travel freely in (their) own country .... (W)e are gravely
concerned about the health and safety of Aung San Suu Kyi and will hold the
Burmese authorities directly responsible for insuring her health and welfare."

This year, the military regime has stepped up its repression of democratic
forces. In May, when the NLD called on the government to convene
parliament, the regime instead detained over one hundred
democratically-elected members of Parliament. Today, the military has two
hundred democratically-elected members of the parliament in custody, along
with hundreds of leading pro-democracy figures -- more than nine hundred in
all.

The NLD has responded with the formation of a "Committee Representing the
People's Parliament," which includes representation from ethnic minority
parties. The Committee demonstrates the commitment of the democratic forces
to peacefully stand up for their legitimate rights while opening a way for
dialogue with the military.

Two weeks ago, the Committee asserted the right of the duly-elected
Parliament to fulfill its mandate, and pledged that the Parliament elected
in 1990 would last until a constitution based on democratic laws is
accepted by the majority of the people. The Committee also rejected the
validity of all rules, regulations, orders, and laws issued by the regime
until they are endorsed by the 1990 Parliament. At the same time, the
Committee recognized that the country needs the military for defense and
emphasized the mutual relationship of trust and respect that should exist
between the people and the military.

For the military regime, beginning a real dialogue with this Committee
could be an important first step on a path that would end Burma's political
crisis. The great majority of the people of Burma clearly do not trust the
regime, which rules by fear and force of arms. History, and especially
recent history, has shown that any government that rules by fear is
inherently unstable. If the regime continues to repress democratic groups,
it will increase the chance of instability in Burma, with potentially grave
consequences for the country and the region.

The United States continues to seek actively a peaceful and democratic
resolution of the current crisis in Burma. The immediate goals of U.S.
policy are progress toward democracy, improved respect for human rights,
and more effective counter-narcotics efforts. Failing national
reconciliation, Burma will not be able to address adequately the many
severe problems it faces, including narcotics trafficking and abuse, a low
level of education, and poor economic performance.

We have continued to pursue a multilateral strategy as we seek improvement
in our key areas of concern. We consult regularly and at senior levels with
leaders of the Association of South East Asian Nations (ASEAN), Japan,
Korea, the European Union, Australia, Canada, and other countries that
still have trade and investment interests in Burma. At the same time, we
urge them to press the regime to curb drug production and trafficking.
These efforts have helped build and maintain strong international pressure
on the military regime.

The U.S. has been in the forefront of an effort to encourage substantive
political dialogue among the SPDC, the NLD, and the leaders of ethnic
minority groups, who make up one-third of Burma's population. We have
maintained close contacts with the democratic leadership and have
encouraged other countries to join us in pressing the government to
initiate a dialogue with the NLD, Aung San Suu Kyi, and representatives of
the ethnic groups.

Secretary Albright is personally engaged in this effort. At the ASEAN
regional forum last August, she organized a meeting of foreign ministers to
press the SPDC to accept dialogue. The Secretary met again with her
counterparts at the United Nations General Assembly in New York last week.

To impress upon the SPDC the need to make progress in our areas of concern,
we have, in partnership with the Congress, taken a number of tough steps:
we have suspended economic aid, withdrawn GSP and OPIC, imposed an arms
embargo, and blocked assistance from international financial institutions.

We downgraded our representation from Ambassador to charge d'affaires,
imposed visa restrictions on senior regime leaders and their families, and
have implemented a ban on new U.S. investment.

We likewise have encouraged ASEAN, Japan, the European Union, and other
nations to take similar steps and other actions to encourage progress by
the SPDC in these areas of key concern. Many nations have joined us in our
arms embargo, including European countries, Canada, Australia, Japan, and
Korea.

The EU limits its assistance to Burma to humanitarian aid. We have been
successful in persuading international financial institutions to block
loans to the regime. This is probably the single most effective sanction we
employ. Since 1988 we have taken an active role in pressing for strong
human rights resolutions on Burma at the United Nations General Assembly
and the United Nations Commission on Human Rights, and have worked
vigorously with the International Labor Organization to condemn the lack of
freedom of association for workers and the use of forced labor by the SPDC.

In 1996, at our urging, the EU and associated European states joined us in
imposing a ban on visas for high-level SPDC officials and their families.
In addition, the European Union and Canada withdrew GSP trade benefits from
Burma's agricultural and industrial products in March and August 1997,
respectively, bringing their trade policies more in line with that of the
United States.

Secretary Albright has stayed in close communication with UN Secretary
General Kofi Annan about Burma and has urged him to become personally
involved. While sanctions provide the incentive for the regime to change
course, we believe that a quiet diplomatic effort led by the UN and
countries in the region will be helpful to jump-start dialogue.

The members of ASEAN share many of our goals, and while they have no
interest in pursuing a policy of sanctions, they, like us, are increasingly
frustrated by the glacial pace of change inside Burma, and concerned about
the potential for instability. When Burma joined ASEAN last year, Secretary
Albright made clear that the organization would bear a responsibility to
encourage democratic change there, or risk a "chasm within ASEAN between
one part that is open, integrated and prospering, and another that is
closed, isolated and poor." This year, that danger led the foreign
ministers of Thailand and the Philippines to press for more active and
flexible policies by ASEAN countries toward the internal problems of their
neighbors, including Burma.

We also encourage other governments to meet with Aung San Suu Kyi
themselves. If they speak with her and other NLD leaders directly, they
will see that the democratic leadership is flexible and realistic,
committed to finding a solution that works to end the impasse in which
Burma finds itself. In an effort to facilitate these contacts, our Embassy
in Rangoon provided a venue for a briefing to the diplomatic community
earlier this month by Aung San Suu Kyi and other NLD leaders.

Since FY 1996, we have used foreign assistance funds to support the Burmese
democracy movement. Our main partner in this effort has been the National
Endowment for Democracy (NED). Over the last three years, we have granted
NED over $4 million for its Burma programs.

NED currently supports activities in three areas: (1) media and
information; (2) institution building; and (3) training and education. In
media and information, NED supports Democratic Voice of Burma Radio's daily
broadcasts from stations in Germany and Norway.

NED also supports the New Era Journal, which is a key pro-democracy
newspaper published in Bangkok and transported into Burma. For
institutionbuilding, NED helps support the Free Trade Union of Burma. NED
funding also allows the International Republican Institute to support the
National League for Democracy's organizational efforts in Thailand. In
training and education, NED will assist primary and adult education
programs for ethnic minorities in refugee camps along the border. At the
request of Congress, the Administration is also providing humanitarian
assistance to Burmese located in Burma or to displaced Burmese along the
borders. For example, during the past three years, we have made grants to
the International Rescue Committee for its medical work and its feeding
programs through the Burma Border Consortium. We have also supported the
World Concern Development Organization's programs for maternal-child health
care.

I would like to emphasize, however, that the role of the international
community is to support the Burmese people, not to impose a solution on
them. The Burmese people, through their vote in the 1990 elections, have
demonstrated their desire to have a democratically-elected civilian
government. This is their choice, not ours.

In conclusion, Mr. Chairman, I want to emphasize that the United States
remains committed to pressing the military regime to permit the Burmese to
have the leadership they themselves have chosen. We believe that the people
have suffered long enough. Burma's military leaders must recognize that it
is time -- past time -- for them to enter into genuine political dialogue
with the democratic leadership. Without support -- either within Burma or
internationally -- the regime cannot resolve the terrible problems facing
Burma. The military can, however, retain an honorable role if it
facilitates the transfer of power to civilian rule, and resumes its
appropriate place as the defender of the country's security.

We believe that the international community can continue to play a useful
role in this process. The NLD has offered one way by establishing the
Committee representing People's Parliament, On September 17, Aung San Suu
Kyi said, "I also appeal to all the democratically elected Parliaments of
the world to give due recognition to our Committee and to support the work
we are undertaking." We applaud this appeal and hope that it will be heard
and acted on. We see increasing evidence that people around the world
support the Burmese people's aspirations to be represented by leaders
chosen in free and fair elections. This Committee represents the leaders
that the people of Burma themselves have elected, and we fully support its
work.

Despite the long struggle, we should not give up hope that Burma can
resolve this crisis and move forward to rebuild the country under
democratically-elected leadership. In the words of Aung San Suu Kyi, "A
question that is often put to me whether I believe that the people's
movement for democracy will succeed. The answer is an unequivocal YES.
Contrary to the predictions of those who are totally out of touch with the
mood of Burma today, I believe that not only will the people achieve
democracy but that once it is achieved they will be able to make it work
for the greater good of the nation."

Mr. Chairman, members of the Sub-Committee, I think that we all share her
faith, and will work to make her hopes and the hopes of the people of Burma
a reality. Thank you very much.

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

Testimony of U Bo Hla-Tint Minister for North and South American Affairs
National Coalition Government of the Union of Burma to the Joint Hearing of
the House Subcommittee on International Operations and Human Rights and the
Subcommittee on Asia and the Pacific.  House Committee on International
Relations.

"Human Rights in Burma."

28 September, 1998 

Mr. Chairman and Members of the Committee,

I want to thank you, on behalf of my fellow elected Members of Parliament
and my people for this opportunity to testify before you and to speak,
through you to the American people.  The House Subcommittee on
International Operations and Human Rights and the Subcommittee on Asia and
the Pacific have played an important part in the strong leadership role
taken by the United States in pressing for the restoration of democracy in
Burma and the respect for human rights.  This was demonstrated most
recently by Congressman Christopher Smith's role in helping to obtain the
release of eighteen American, Thai, Indonesian, Philippine, Malaysian and
Australian citizens who were arrested for passing out messages of
solidarity to my people.  I also want to thank the Chairman for his ongoing
effort to seek the release not just of our foreign friends, but the
thousands of other political prisoners in Burma.

The support shown by America for the cause of democracy in Burma has been
the work of many people whom I must also thank.  That support has come from
both the Executive and Legislative branches of the government and from both
major parties. And it has not been just from political leaders, but also
from ordinary individuals like Michele Keegan, who along with five other
Americans have done an extraordinary thing. And across the country,
ordinary individuals have succeeded in getting Burma selective purchasing
laws passed in Massachusetts and 21 cities and counties. These Americans
have heeded the appeal of Daw Aung San Suu Kyi who asked that the free
peoples of the world "use your liberty so that we might have ours."

I would like first to relate the political situation inside Burma. Despite
enormous pressure, including the arrests of hundreds of members, the
National League for Democracy has clearly taken the political initiative by
challenging the regime first on Aung San Suu Kyi's freedom of movement and
most recently, on the convening of the parliament.  After waiting more than
3000 days for the regime to honor the 1990 election results, the NLD, along
with four ethnic parties that also won seats is moving towards convening
the "People's Parliament."

On September 17 the National League for Democracy, led by Daw Aung San Suu
Kyi, announced the establishment of the Committee Representing the People's
Parliament, which has the mandate of 251 of the 485 parliamentarians
elected in 1990.  It has begun to issue declarations and will continue to
function as a sort of executive committee of the People's Parliament until
enough MPs are released for the Parliament to function properly. This is a
critical time for the entire democracy movement.  Daw Aung San Suu Kyi and
the Committee have appealed for support for the Parliament from the
international community and from elected legislators around the world.

The next few days in Burma may well be critical. Burma's legislator's are
moving forward toward.  The people who won the election have committed
themselves to at long last, forming the parliament.  How the regime reacts
will depend in large part on how they view the likely response from the
rest of the world.  Members of Congress and the Administration need to make
it clear to the junta that the only way they will emerge from their status
as an illegitimate international pariah is through dialog and negotiation.

The move to convene the Parliament has already won support within Burma
from several ethnic groups, including some that have signed cease-fires
with the regime.  It is also supported by some of Burma's most respected
retired military leaders as well as some of the most influential Buddhist
monks.

The student movement, which is the traditional source of protest in Burma,
is also reemerging as a factor but this time with greater sophistication
than in 1988, when the army used point-blank massacres to disperse large
crowds.  Drawing lessons from the massacres, the students have avoided mass
demonstrations in favor of small, hit-and-run non-violent protests.  The
demonstrators form quickly, stage brief but visible protests, distribute
leaflets and then disband before the military can react.

There are signs that the regime is feeling the pressure.  In what at least
is a small split within the ranks of the army, the regime arrested a
Rangoon military commander and a number of other officers in September,
accusing them of meeting with Aung San Suu Kyi.

The military junta's response to current events has, predictably, been more
arrests and intimidation.  As of September 23, the military had arrested
some 912 more NLD members, including nearly 200 elected members of
parliament.  At least 250 students have also been arrested.  These students
range in age from 14 to 20.  Just this month, several high school students
received a five year prison sentence for participating in a non-violent
demonstration.

Most of the arrests occurred in last month and the number is growing by the
day.  A few have reportedly been released but more are being arrested than
released.   According to the regime, it "invited" the parliamentarians into
custody to conduct "View exchanges...[which] are continuing and are being
held in a cordial atmosphere in government guest houses."  In fact, most
are being held in police headquarters, jails and prisons.

This month, the NCGUB released our annual Burma Human Rights report. We
have had the unfortunate duty to document the continued widespread use of
forced labor and a dramatic upsurge in arbitrary arrests and extrajudicial
executions.  The NLD is now experiencing the largest crackdown on
pro-democracy supporters since the military seized power 10 years ago.

The findings of other organizations are consistent with what we have seen
inside Burma.  I would like to point out The London Observer's annual Human
Rights Index, which ranked the junta as one of the world's three worst
abusers of human rights for its record of torture, tyranny, killings and
persecution.1  In its 1998 Index of Economic Freedom, the Heritage
Foundation ranked Burma as one of the world's least economically free
countries, scoring the regime 140th which ties it with Rwanda and ranks
just behind the Sudan.2  As events in recent weeks show, the situation is
only getting worse.

On the subject of forced labor, we still have hundreds of thousands of
people on any given day subject to slave labor, sometimes for the benefit
of foreign investors.  I want to thank the International Labor Organization
for its unprecedented yearlong inquiry that documented widespread and
systematic use of forced labor.3  I also want to thank the U.S. Department
of Labor and the State Department for the valuable work they have just
completed.  This Congressionally-mandated report on forced labor in Burma
corroborates what we have been alleging for some time; that the regime
systematically subjects hundreds of thousands of men, women, even old
people and children to forced labor; that forced labor is often used for
the benefit of foreign investors and the regime's business partners; that
it appears that forced labor was used in the construction of the Yadana
pipeline and continues to be used in ongoing pipeline security operations.

Another kind of human rights abuse has so far gone underreported in Burma.
The regime's use of ethnic and religious differences among Burma's peoples
is responsible for persecution of all of Burma's religious communities,
including Buddhists, Christians, Muslims and Hindus.

What we see is a concerted pattern of dividing and conquering Burma's
peoples exacerbating and exploiting their differences.  In the Chin State,
Christians are forced to build Buddhist temples while everywhere, Buddhist
monks are persecuted if they do not submit to state direction.

I also want to say a word about the U.S. leadership and policy on Burma.
After ten years, some people seem frustrated that the political and human
rights situation in Burma are still so desperate. I want to say, on behalf
of the NCGUB and the democracy movement, that we firmly believe the current
sanctions policy is very effective.  According to our leaders inside, it is
important to keep up these efforts.  They are having an effect.

Ultimately, only a transition to democracy will improve Burma's desperate
situation.  But both economic indicators and anecdotal evidence indicate
that sanctions are working.  Even senior regime officials acknowledge the
impact of U.S. sanctions.4  Sanctions, combined with the impact of local
selective purchasing laws and consumer boycotts are putting considerable
pressure on Rangoon elites.  Within recent two weeks, four major U.S. and
European corporations have announced their withdrawal from Burma.  Of
these, Arco is a major American oil and gas company. C&A, a Dutch company,
is the largest clothing retailer in Europe. Phillips Electronics is another
major Dutch company and Ericsson is among Sweden's largest corporations.

The U.S. sanctions policy is effective not just for its economic impact,
which is considerable, but also because it provides moral leadership which
others are following.  The awareness inside Burma that the outside world is
watching serves as both an inspiration to Burma's peoples and a check on
the worst excesses of the regime.  As evidenced by the fact that the regime
has covertly spent more than three-quarters of a million dollars on
Washington lobbyists in the previous year, the generals do care about
international pressure and particularly they care about what the U.S.
government does.  As bad as the regime's human rights record is, it would
be worse in the absence of international pressure.  There are people in
Burma who would be in prison now if it were not for international pressure.
 There are people who are in prison who would probably be dead were it not
for the regime's fear of increased sanctions.

What we need now more of is continued leadership and a proactive policy
combining punitive sanctions that will really weaken the regime and
diplomatic intervention that will create conditions conducive to a
political dialogue.

Thank you.