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The BurmaNet News: November 6, 1998



------------------------ BurmaNet ------------------------
 "Appropriate Information Technologies, Practical Strategies"
----------------------------------------------------------

The BurmaNet News: November 6, 1998
Issue #1133

HEADLINES:
==========
JOURNAL OF COMMERCE: MASSACHUSETTS SANCTIONS CUT DOWN 
BKK POST: VILLAGERS FORCED TO WORK IN FIELD 
XINHUA: FIRST NEWSPAPER IN CHINESE LANGUAGE IN MYANMAR
THE BANGKOK POST: CASINO IN BURMA TO AID CASH FLOW 
HOUSTON CHRONICLE: U.S., CHINA ALLIES IN WAR ON DRUGS 
SWEDISH PARLIAMENTARIANS: SUPPORT TO BURMESE COMMITTEE 
ALL-AFRICA: CALL TO RESTORE DEMOCRACY IN BURMA 
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JOURNAL OF COMMERCE: MASSACHUSETTS SANCTIONS CUT DOWN
6 November, 1998 by Michael S. Lelyveld 

Judge's Ruling May Set Precedent For State Bans

BOSTON -- In a sweeping victory for trade interests, a federal judge has
struck down as unconstitutional a Massachusetts law that penalizes
companies doing business with military-ruled Myanmar.

The ruling could halt enforcement of the 1996 selective purchasing law
aimed at Myanmar, the former Burma. It also may serve as the basis to
challenge a host of other "subfederal" sanctions that have been enacted by
states, counties and municipalities.

In his decision of a suit brought in April by the National Foreign Trade
Council, Chief Judge Joseph Tauro of the U.S. District Court for the
District of Massachusetts said the state's law "impermissibly infringes on
the federal government's power to regulate foreign affairs."

"The Massachusetts Burma Law was designed with the purpose of changing
Burma's domestic policy," the judge wrote in a decision released late
Wednesday. "State interests, no matter how noble, do not trump the federal
government's exclusive foreign affairs power."

Frank Kittredge, president of the Washington-based trade council, hailed
the ruling in a statement, saying that it "should significantly deter
states and cities from imposing their own foreign policy sanctions."

The trade council, which filed the suit on behalf of its 580 members, sees
it as a key part of its campaign to halt the spread of unilateral economic
measures.

It is unlikely that the first-round victory over the Massachusetts law will
mean the end of the fight. Advocates on both sides expect the ruling to be
appealed within 30 days.

"I'm certainly going to be urging the (state) attorney general to appeal
this," said state Rep. Byron Rushing, who wrote the Myanmar curbs and
similar legislation aimed at South Africa in 1988. Legal experts say the
issue may eventually have to be decided by the Supreme Court.

Assistant Attorney General Thomas Barniclo said Thursday that an appeal was
being considered and that the state may ask that the law remain enforced
pending the appeal.

The law, which adds 10% to state contracting bids from companies conducting
business with Myanmar, has been a primary weapon in grass-roots efforts to
end the country's brutal repression of democracy by putting pressure on
foreign investment and trade. The statute also sparked controversy overseas.

Last month, the World Trade Organization agreed to convene a dispute
resolution panel to resolve complaints against the law by the European
Union and Japan. The EU argues that the state statute violates a 1994
Government Procurement Agreement with the United States on open bidding.

Although the court case centered on the issue of federal vs. state powers,
the Clinton administration has pledged to defend the state law before the WTO.

An important second front

While the broader struggle over unilateral sanctions has been fought out in
Congress this year, the conflict over subfederal curbs has been an
important second front for corporate interests. A recent report by the
International Trade Commission found 27 state, county and city sanctions
dealing with Myanmar, Nigeria, Cuba and Tibet.

It is unclear now whether WTO action will be suspended if the Massachusetts
law is held to be without force because of a court injunction. The EU filed
a friend of the court brief supporting the trade council case. Judge Tauro
specifically cited the EU brief as evidence that the state law has a
"disruptive impact on foreign relations."

"We welcome the decision and are accessing its implications for the WTO
case," an EU official said.

The ruling hinges on a 1968 probate ruling decided by the Supreme Court
involving the right of a non-resident alien to inherit property from an
Oregon resident, only if reciprocal treatment was allowed by the
beneficiary's country of origin.

More than incidental effect

The high court ruled in the case that state laws are invalid if they have
more than "some incidental or indirect effect in foreign countries," or if
they have "great potential for disruption or embarrassment," Judge Tauro said.

Mr. Rushing, a Boston Democrat, disagreed with the interpretation, saying
that state legislatures commonly pass resolutions on human rights abroad
and are free to do so, even if they embarrass foreign countries.

States are also free to spend their money as they see fit through selective
purchasing, he said.

Judge Tauro ruled only on the basis of the foreign affairs power argument.

He declined to rule on the issue of federal powers under the Constitution's
Foreign Commerce Clause. The state maintained that, as a "market
participant," it has an exception to federal commerce powers in making
purchasing choices for itself.

The judge also said he was not persuaded by another trade council argument
that federal Myanmar sanctions pre-empt the state curbs. 

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THE BANGKOK POST: VILLAGERS FORCED TO WORK IN FIELD
5 November, 1998 

RANGOON, AFP

NLD ACCUSES JUNTA OF TELLING LIES TO WORLD

Burmese villagers are being rounded up and forced to work on a land
clearing project near the capital to boost crop production, opposition
party National League for Democracy (NLD) said yesterday.

The NLD accused the junta of blatantly lying to the international community
when it said last week there was no forced labour in the military state
after it was condemned by the European Union and the United Nations.

"The authorities have declared to the world that there are no instances of
forced labour in this country but it is very clear that this is untrue," an
NLD statement said.

"Local authorities are forcing villagers [at Htantabin township] to send
one person from each family to work on the land reclamation project where
they are made to toil under the scorching sun without any rest."

The NLD, led by Nobel Prize winner Aung San Suu Kyi, said that in the
latest instance of forced labour, soldiers were being used to round up
villagers. Some 500 had already been sent to work on the project.

Authorities also had used loud speakers to warn villagers of unspecified
"consequences" if they refused to work.

The junta, which has not recognised the NLD's sweeping victory in 1990
elections, has repeatedly dismissed accusations of widespread human rights
abuses including summary executions, torture and forced labour.

Last week, a report to the United Nations by special rapporteur Rajsoomer
Lallah expressed deep concern about continuing human rights violations in
Burma, while the EU renewed sanctions against the junta citing rights
violations.

The NLD said it had complained officially to the junta leadership that
villagers were being forced to clear land for cultivation.

The junta is known to be on-a major drive to increase its rice export
capacity by developing large areas for production.

Foreign investment has dropped dramatically in Burma in recent years, while
inflation has soared and the local currency, the kyat, has depreciated
sharply against the US dollar.

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XINHUA: FIRST NEWSPAPER IN CHINESE LANGUAGE PUBLISHED IN MYANMAR
3 November, 1998 

YANGON (Nov. 4) XINHUA - The Myanmar Morning Post began publishing here
Wednesday in Chinese language. This is the first time in 30 years that
Myanmar allowed a newspaper in the Chinese language to be published.

The Myanmar Morning Post will be initially published on a weekly basis with
a circulation of 5,000 on every Wednesday and be distributed across Myanmar
and to other countries and regions such as Singapore, Thailand, Malaysia,
the United States, Britain, Canada, China's Hong Kong Special
Administrative Region and Macao.

The newspaper, which is planned to increase its publication from once a
week to twice or thrice a week, is made up of 16 pages containing columns
of local and foreign news, economic, trade and investment information,
culture and advertisements.

Before the middle of the 1960s, there were six newspapers in the Chinese
language in Myanmar. They are the People's Post, the China Daily, the China
Commerce Post, the New Yangon Post, the Freedom Daily and the Times.

On January 1, 1966, all the newspapers terminated their publication because
the Myanmar authorities stopped issuing permits to them.

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THE BANGKOK POST: CASINO IN BURMA TO AID CASH FLOW
5 November, 1998 

CHIANG RAI

Construction of a resort/casino in Burma has resumed, raising hopes for a
better cash flow among border residents, border officials said yesterday.

The "Golden Triangle Paradise Resort" project is expected to start
operating in mid-1999.

The project, consisting of a hotel, a  casino and a golf course, is located
on the Mekong river's bank north of Ban Sob Ruak in Chiang Saen district.

Most border residents welcomed the project, saying it would revive good
cash flow in their province.

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HOUSTON CHRONICLE: U.S., CHINA ALLIES IN WAR ON DRUGS
31 October, 1998 

WASHINGTON - In a step toward joint operations to fight international
crime, the United States and China have established a secret electronic
surveillance post along China's border with Burma to eavesdrop on narcotics
traffickers from the Golden Triangle, one of the world's biggest sources of
heroin, sources say.

The U.S. government has also given China several dozen Humvee vehicles for
narcotics interdiction in mountainous terrain along the Burmese border.
Chinese sources also said that the United States has established a secret
fund that Chinese officials can access to run the surveillance center.

The listening post, staffed by Chinese and U.S. agents near the Chinese
border town of Ruili in southern Yunnan province, marks a significant step
forward in a U.S. intelligence-sharing relationship with China that dates
back to 1971.

It follows on the operation in the 1980s by the CIA and its Chinese
counterpart of listening posts in China's far-western Xinjiang Autonomous
Region to monitor Soviet nuclear weapons tests.

The 1995 opening of the Ruili post illustrates the complexities of the
United States' ties with China, which can include negative as well as
positive engagements.

While U.S. agents were shuttling from Washington to Ruili, Yunnan's
provincial capital of Kunming, and Beijing, installing the listening post,
the countries were bickering over Taiwan, an island of 21 million that
China views as a renegade province.

That dispute climaxed in 1996 when China lobbed missiles over Taiwanese
territory and the United States dispatched two naval battle groups to warn
China that U.S. officials would not tolerate an attack on Taiwan.

However, the tremors did not affect the establishment of the listening
post, Chinese sources said, adding that intelligence cooperation is
insulated from what one Chinese source called "short- term" troubles in the
relationship.

In fact, the Ruili listening post is only the most advanced new initiatives
that U.S. intelligence and law enforcement agencies are launching with
China to battle crime.

After the October 1997 summit in Washington between President Clinton and
Chinese President Jiang Zemin, a liaison group for law enforcement agreed
last month to draw up a list of U.S. and Chinese suspects believed to be
operating in each other's countries.

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

SWEDISH YOUNG PARLIAMENTARIANS: SUPPORT TO BURMESE 10-MEMBER COMMITTEE
30 October, 1998 from Socialdemokratiska Studentförbundet
<info@xxxxxxxxxxxxxx> 

Press Release

Swedish young parliamentarians give their support to Burmese 10 member
Committee

The group of young Swedish socialdemocratic parliamentarians in the Swedish
National Assembly have today given their support to the establishment of
the 10 member Committee set up to represent a People's Parliament in Burma.

The Committee was formed by the opposition party the National League of
Democracy (NLD), led by the Nobel Peace Prize Laureate Aung San Suu Kyi.

The NLD has urged the international community to give their support to the
forming of the committee in order to strengthen the democratic development
in Burma and to increase the pressure on the Burmese military junta.

Aung San Suu Kyi has expressed hope that more national and international
organisations, unions, parliaments and political movements will give their
moral and political support to the committee.

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ALL-AFRICA HUMAN RIGHTS DEFENDERS: CALL FOR MILITARY JUNTA TO RESTORE
DEMOCRACY
4 November, 1998 from "Thein Win" <burmamtk@xxxxxxxxxxx> 

Johannesburg

All-Africa Human Rights Defenders Conference was held in Johannesburg,
South Africa from 2-4 November 1998. This conference was sponsored by
Amnesty International. Mr. Pierre San`e Secretary General of Amnesty
International, Mr. Cold O` Cuanachain, International Executive Committee,
Joan Muller, Amnesty International South Africa, delegates from all Africa,
including West Africa, East Africa, Central Africa, Southern Africa
attended. The conference invited human rights NGOs from the 42 countries of
the whole continent of Africa. The special guests, Mr. David Johnson, Head,
UN High Commissioner for Human Rights, Regional Programme Office for
Southern Africa, Mr. J B Sibanyoni, member of Truth and [Reconciliation]
Council  of South Africa also attended.
 
The human rights NGO's from Algeria, Benin, Botswana, Burkina-Faso,
Burundi, Cameroon, Cape Verde, Chad, Congo-Brazzaville, Conte D'ivoire,
Djibouti, Egypt, Ethiopia, Gambia, Ghana, Guinea-Bissau, Guinea-Conakry,
Kenya, Lesotho, Liberia, Libya, Malawi, Mali, Mauritania, Morocco,
Mozambique, Namibia, Niger, Nigeria, Rwanda, Senegal, Sierra Leone,
Somalia, South Africa, Sudan, Swaziland, Tanzania, Togo, Tunisia, Uganda,
Zambia, and Zimbabwe were invited to the conference.

On 4 November 1998, the last day of the conference, the delegates signed
[this resolution] in support of the restoration of democracy in Burma and
called on the military authorities in Rangoon:

1.  To honour the results of the 1990 democratic election and convene
Parliament expeditiously.
 
2.  To accept Nobel Peace Laureate Daw Aung San Suu Kyi's persistent offer
of  dialogue and reconciliation.
 
3.  To respect the human rights of its citizens.

Dr. Thein Win, Free Burma Coalition of South Africa attended the conference
and raised the human rights violation problem of Burma. FBC(SA) distributed
documents, booklets, flyers of human  rights violation in Burma at the
conference.

This is the first huge support from the African continent to Daw Aung San
Suu Kyi and democratic struggle of Burma.

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