The BurmaNet News: December 16, 199

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Subject: The BurmaNet News: December 16, 1998

------------------------ BurmaNet ------------------------
 "Appropriate Information Technologies, Practical Strategies"
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The BurmaNet News: December 16, 1998
Issue #1159

HEADLINES:
==========
KNU: TENASSERIM SITUATION REPORT 
REUTERS: CAMBODIA WORRIES REFLECT ASEAN UNEASE 
BURMA FORUM: LA FREE BURMA LAW PASSES 
UNOCAL: STATEMENT ON LA SELECTIVE PURCHASING 
ANNC: SECESSION AS CONFLICT RESOLUTION PAPER AVAIL.
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KNU: TENASSERIM SITUATION REPORT
9 December, 1998

UPDATE TENASSERIM SITUATION REPORT
KNU Mergui-Tavoy Information Department

Serial No-9/98

MILITARY

A.1. Child Soldiers 

Interview with a 15-year-old SPDC soldier who has run away.

Interview date: 27 November 1998

Age:  15 yr. 
Brother and sister: one elder sister (got married)
Ethnicity, Religion: Burman, Buddhist 
Education status: 2 standard, left school when he was 7 years old.
Address: North Oakkalapa (Rangoon)
Occupation before join military: help keep his mother shop.
Date of join the army: 1998, in North Oakalapa
Rank: private, one-month salary 600 kyat.
Been training: 4 months basic military training, No: 12 Divisional training
central, Mergui (Myeik). 
Date of fleeing: November 14, 1998 at Htaw Ma Pyo, opposite Thailand
Ratchaburi province. (Burma, Tenasserim river region.) 

Family history:

I was born in Pegu, Payagong. I attended the primary school there and when
I passed 2 standard my family moved to Rangoon and since then I quit school
and never attended school again. I used to help my mother selling things in
the shop. 

Joining the army:

One night when I was in North Oakkalapa, I went to watch a festival (Pwe)
and when it finished I intended to go back to my home.  I looked for my
colleagues to come along with me. When I was looking for them, three men
called me. One wore an army uniform and the others were in ordinary
clothes. When I arrived to them they took me to a teashop. They tried to
persuade me to join the army. I refused to join and they started asking me
to show them my ID card, but I did not have it, so they threatened me that
I would be sent to jail, because I did not have the card. They said to me
that, if I joined the army I would not be sent to jail. I was afraid to be
in jail and started to follow them. I have learned that, that night there
were 10 people arrested by the army and forced to join the army.

Being in the army:

On that night I was sent to Minggladon military camp, and I stayed there
nearly a month. Then I was sent to No: 12 Divisional Training Central in
Mergui for military training. I was in the training for four months. There
were 120 men at that training. In the training I saw many soldiers who were
younger then I am. Some even just 11-12 years old. 

In the training in the morning we had to do some work in the camp like
grass cutting, collecting wood, carry water and other extra work. In the
evening we started our training. Old men and young men had to act the same.
When the old men had to carry, for example a 12-kilogram pack we young boys
also had to do the same. They said, because we received the equal amount of
the salary. 

After the training I was sent to LIB 433 camp. I stayed in the battalion
for one month and we had to come to the border camp. We joined up with a
column led by Captain Aung Min Oo and came to the border. We brought 60
porters with us. I have learned that four porters were shot to death
because they could not carry their loads any longer. I carried one G-4
rifle and 200 cartridges, two sets of army uniforms and my other clothes
along with me.  My company was No-1 within LIB 433 headed by Captain Aung
Kaing Lynn. We arrive to Htaw Ma Pyo at the border and stationed there. 

Not long after arriving at that camp, I ran away. I ran away when I went
around to shoot a bird with the sling shot near the camp. I looked down to
the foot of the mountain inside Thailand and I saw people and a car from a
far distance. I decided to run away and if I got a chance to work in
Thailand and got some money, I would find a way to go back to my homeland.
I was not happy since I was forced to join the army. I always felt homesick
since I was taken to the army.  

When we are in Htaw Ma Pyo camp, our officers told us not to run away.
They said that if we ran away to Thailand the Thai army would arrest us and
give us to the Ngapway (the Karen revolution army), and the Ngapway would
cut our neck. Most of the soldiers are not happy in the army and want to
run away but are afraid that they will be captured and killed. From the
time our column set up to the time I ran away, there were eight soldiers
who ran away.  Two were recaptured and were sent back to the HQ and were
jailed. 

After I ran, I met with Burmese villagers working in Thailand and they
helped me by trying to look for the work for me. Unfortunately Thai
businessmen said that I was too young to work them. Later I followed some
villagers from the refugee camp and stayed there for a week. After that, a
Thai officer in the camp picked me up and sent me to the Thai army camp.
Later they sent me to the KNLA in the jungle. The KNLA did not kill me and
now I have stayed with them. My deepest suffering is missing my parents and
wanting to go back to my home. 

B. INTERNALLY DISPLACED PEOPLE (IDPs)

The SPDC troops plan to search and destroy the crops of the villagers who
fled and are hiding in the jungle in Kapyaw (Pabyin), (Easter Mergui
township, Mergui district) in this harvest time. On November 23, 1998 SPDC
troops from IB 285 combined with SPDC's People Militia led by Major Soe
Myint Aung, Aung Kyaw Myint and PM leader Nyo Thein came up Po Thilor
(Kapyaw area).  They found and burned down Saw Nyo's hut, including all his
belongings costing more than 10000 kyat. That troop also burned down some
villagers' huts and their crops in Bukee but we do not yet know how much of
the property was burned. 

That troop reached Kyetmaoak, Kapyaw area and found and burned down more
than 70 baskets of paddy, 5000 betel nuts owned by Saw Pathu. On the same
day that troop reached Htee Paday and captured xxxxx, 23 yr., xxxxx, 23 yr.
(villagers from Kyetmaoak) and took them to Boak village and PM leader Nyo
Thein raped them.  They were released to their village on November 27,
1998. On November 25, 1998 that troop came up again to Naw Taru
(Paktaunggyi) village and burned down Saw Ehka's paddy pile (collected
paddy stored in pile), probably more than 100 baskets. The same day that
troop came up to Htee Kaw Htaw and burned down one house including all the
belongings, worth more than 200,000 kyat, owned by Saw Bler. All these
cases happened in Kapyaw area, Eastern Mergui township, Mergui district. 

Situation in Relocation site. 
Situation in Relocation site. 








                
Villagers' crops in Palawk Kee area, Palaw township, Mergui district were
left behind when the villagers went to the relocation site by the order of
SPDC's IB 280 in July and again resumed in September 15 (see UP DATE
TENASSERIM SITUATION REPORT Serial No-3/98).  All the crops were spoiled
because the villagers had no chance to go back and tend their crops. The
people who went and stayed in the relocation site have to search for daily
wage work in others villagers for their survival. It will be really
difficult for them to survive for the next year at the relocation site. 

There were 13 paddy plantations (about 16 baskets planted seed) in Tawtalee
kee, 34 paddy plantations (about 38 basket of seed) in Htumaw (Yebu), 20
paddy plantations (about 25 baskets of seed), 55 paddy plantation (about 55
and half basket of seed) and there are still many paddy plantations in
around which area that were abandoned and spoiled.  (One basket paddy seed
plant estimate 4 acres.)  In Ban Chaungpya river region, in the east of
Theyetchaung township, Tavoy district there were 10 paddy plantations which
were destroyed by the Burma Army (estimated 6 and half paddy seed plant),
Htuler (Kyaut Htu) area in Ban Chaung region, 8 paddy plantations (estimate
4 basket paddy seed plant) were destroyed. Those villagers from those areas
now face serious hardship. 

On November 16, 1998 there was a clash between KNLA (Karen National
Liberation Army) and SPDC troop IB 285 near Pyicha village (Palaw township,
Mergui district). After that clash the SPDC troops reacted against the
Karen villagers in Pyicha village relocation site by entering the houses
and sleeping with the villagers' wife by force, stealing villagers' betel
nuts.  They summoned Paycha village headman Too To but he did not go, so
the soldiers captured his wife. Following that clash SPDC's IB 280 forced
Pyicha villagers to construct a road near by the relocation site and to
fence the road started from Pyicha White Bridge to Naw Ber (Hmitchinzu)
village. They ordered the villagers that, "the people can rest, but knife
and mattocks can not rest." The villagers have to fence that road everyday
until they finish it.

C. HUMAN RIGHTS ABUSES

     C.1. Extra Judicial Killing

On November 16, 1998 KNLA (Karen National Liberation Army) ambushed SPDC
troops from IB 285 at Paycha Pyicha village, (Palaw township, Mergui
district) and killed 5 SPDC soldiers, injured one, and destroyed one truck.
After that, SPDC troops clearing the area looted and attacked the
villagers. Four villagers were wounded and some properties of the villagers. 

That troop entered Paycha (Pyicha) village and looted Saw Too To's
properties, all his lost belongings worth 40,000 kyats, Naw Paw Hay's
belongings worth 20,000 kyats, Saw Ser Ser's shop and other properties.
After the clash, SPDC's IB 285, Battalion Commander Soe Myint Aung demanded
compensation for his fallen and injured soldiers from Pyicha village --
2,000,000 kyats.  He also forced Pyicha villagers to clear the car road
area for one week. He let the villagers take a break of only one hour in
the whole day work. 

On November 16, 1998 a troop from SPDC's LIB 358 led by Soe Win Shein
entered Manorone, Tenasserim township, Mergui district and they were
attacked by KNLA. After the attack the troops arrested Saw Kawin, 37
year-old-son of Saw Tin Hlaing and Naw Kay Yeh, accusing them of helping
KNLA movement and killed them two days later on November 18, 1998.

     C.2. Extortion

On November 6, 1998 SPDC's IB 280 headed by Battalion Commander Khin Maung
Aye demanded one pig from Ler Pah Doh (Kyautmaw), (Palaw township, Mergui
district) which was worth 15000 kyat. 

     C.3. Forced Labor

On November 17, 1998 a group of SPDC troops from LIB 432 led by Major Htay
Aung captured three innocent villagers from Kyauk Mechaung village at Hsaw
Lomot (Tenasserim township, Mergui district), and beat them seriously and
forced them to serve as battle field porters along with other villagers.
After that they took along those three villagers to Bokpyin. The troops
also force a Theko (Theinkon) villager to construct the car road at Hsaw
Lomot. 

     C.4. Burning and destruction

On November 22, 1998 a group of SPDC troop from IB 104 came to Seit Hta in
Hsamuhtaw (deserted village, Tavoy township, Tavoy district), and cut down
20 betel palms owned by Naw Paw Sa and took the betel nut to sell in Myitta
village. That troop cut down all the young betel palms in Naw Paw Sa betel
nut plantation.

On November 20, 1998 SPDC troops stationed at Waytoray
(Aungthawara-Tenasserim river region) came up to Mingaw Kee where the
villagers were hiding and found the rice barn of Uncle Ner Bu and burnt it
down. That barn contained 50 baskets of paddy. 

     C.5. Immigration

Villagers from four townships in Tavoy district immigrated to Thailand.

Started in from the beginning of November, 1998 till 26 November 1998,
hundreds of Burmese have immigrated to Thailand via the Thai-Burma border
opposite Tong Pa Pum, district, and Kanchanaburi province. All immigration
routes are temporary and all are in the west of Kanchanaburi province. The
numbers of immigration are as follow, 

(1) Pamahki (Mayataung) border checkpoint - estimate more than 200 people
from Tavoy district.

(2) Kyauk Pong border check point - estimate more than 100 villagers.

(3) Myat Kwa Nyo border check point - estimate more than 150 villagers,
from Tavoy district.

(4) Thuka border check point - estimate more than 300 villagers from Tavoy
district.

(5) Htanchaung border check point - estimate more than 200 villagers from
Tavoy district.

In the month of November 1000 villagers migrated to Thailand. The migration
is still going on. Hundreds of Burmese villagers have migrated to look for
work in Thailand every year in this area, and the major problems are the
economy situation in Burma and the abuses of the Burma Army against them.
In this November those migrated villagers expressed their major problem as:

In Tavoy district SPDC's Coastal Region Military Command and its controlled
battalions have confiscated their paddy fields. Every SPDC battalion
started conscripting the villagers who had finished their annual crops this
November in Tavoy district rural areas. The troops intend to plant winter
rice starting at the end of October to the end of November. To set up that
paddy planting the local SPDC battalions demanded work everyday from local
villagers without any payment. Some of SPDC battalions already confiscated
some villagers' paddy fields after this year's flooding caused by heavy
rain. Then they started forcing the villagers to work on those confiscated
paddy fields completely for the army. This winter, the battalions have
confiscated more paddy fields and all those have to be worked by the local
villagers. The villagers have no time to work for their own crops and are
facing the difficulties for their families' survival. In addition, they
have to give regularly porter fees.  The villagers cannot bear the
condition any longer and find a way to cross the border and look for work
in Thailand. 

This information was told by a villager from Aoktu village, Theyetchaung
township who arrived to the border on November 26, 1998. 

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REUTERS: CAMBODIA WORRIES REFLECT ASEAN UNEASE
13 December, 1998 by Robert Birsel

Analysis

PHNOM PENH, Dec 13 (Reuters) - Concern about Cambodia's readiness to join
ASEAN is symptomatic of wider worry about the future of the regional
grouping and the costs of unifying 10 very different countries, political
analysts say.

Some southeast Asians argue that the region's 10 countries must be brought
together within the Association of South East Asian Nations (ASEAN) as
quickly as possible to reap the diplomatic and economic benefits of
cooperation.

But there is concern, in particular among ASEAN's older, more developed
members, that letting in authoritarian countries such as Myanmar has
damaged the group's ties with the West and endangers efforts to promote
transparency and democracy.

``Myanmar has provided a valuable lesson, that you can't really change a
country. Even though ASEAN tries to constructively engage Myanmar, the
change has been too slow,'' said Kao Kim Hourn, director of the Cambodian
Institute for Cooperation and Peace think tank.

``Myanmar has damaged ASEAN but it's in ASEAN's ultimate interest to make
sure it's united -- all 10 countries,'' he said. ``That's very important if
ASEAN wants to play on the international diplomatic stage, be it engaging
China, Russia or India.''

If Cambodia is admitted to the grouping this week, it will bring the number
of countries in ASEAN to 10. Its admission was halted at the eleventh hour
last year after factional fighting broke out in Phnom Penh in July, in
which then junior co-premier Hun Sen ousted his senior coalition partner,
Prince Norodom Ranariddh.

But military-ruled Myanmar did join ASEAN last year despite objections from
some of the group's Western allies over its dismal human rights record and
political suppression. Laos also joined at the same time, bringing the
group's membership to nine.

The question of Cambodia's admission has overshadowed preparations for the
nine-member group's summit in Hanoi on Tuesday and Wednesday.

Thailand, the Philippines and Singapore say Prime Minister Hun Sen's new
coalition should prove it can maintain stability before being allowed to
join. Vietnam, Malaysia and Indonesia have pushed for Cambodia to be
admitted now.

The concern about Cambodia reflects unease that as ASEAN expands, the once
cozy club of like-minded governments is losing its focus, analysts say.

The more liberal ASEAN members fear the conservatives could put the breaks
on political and economic reform and tarnish ASEAN with their political and
rights problems.

``People like Thailand and the Philippines don't want to create a situation
in which they'll be continually outnumbered by the hardliners,'' said Steve
Heder of London University's School of Oriental and African Studies.

``If Burma, Cambodia, Laos and Vietnam line up on certain issues, whether
it's human rights, democracy or international trade, then the old ASEAN
independence of action is severely compromised,'' he told Reuters.

``People like Surin, Sukhumbhand and senior foreign ministry officials in
the Philippines, they're good liberals who genuinely believe the way
forward for the whole of southeast Asia is further democracy and
transparency,'' Heder said, referring to Thai Foreign Minister Surin
Pitsuwan and his deputy, Sukhumbhand Paripatra.

``They don't want to be dragged down by the Khin Nyunts and the Hun Sens,''
he said, referring to Myanmar's powerful military intelligence chief Khin
Nyunt, a key member of the ruling State Peace and Development Council (SPDC).

The region's economic crisis was not nudging Myanmar towards political
reform, the analysts said.

``If anything there's been negative progress,'' Heder said. ``Military
intelligence is increasingly taking over. This is not what ASEAN envisaged.''

Cambodia, like Myanmar, will see no immediate, direct economic benefit from
ASEAN membership but it will confer international legitimacy on Hun Sen's
government.

Despite the costs, ASEAN has little choice but to try and manage its
members' political turmoil. The group says Cambodia's membership is only a
question of time.

``ASEAN should manage diversity,'' said Kao Kim Hourn. ``Myanmar has
damaged ASEAN but it has been able to deal with that. If it's a mature
regional organisation it can handle Cambodia.''

Indonesia, Malaysia, the Philippines, Singapore and Thailand formed ASEAN
in 1967. Brunei joined in 1984. Communist Vietnam and Laos, ASEAN's Cold
War adversaries, joined in 1995 and 1997 respectively. Myanmar was also
admitted last year. 

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BURMA FORUM: LA FREE BURMA LAW PASSES IN UNANIMOUS VOTE
15 December, 1998 

FOR IMMEDIATE RELEASE                                 

Contact: Kevin Rudiger, Burma Forum, Los Angeles, 310-399-0703, pager:
310-588-3404. Simon Billeness, FRDC, 617-423-6655; Tommy McDonald,
Communication Works, 415-255-1946

Supporters Hail the Decision by L.A. City Council to Pass Free Burma Law

Ordinance, which Passed by a Unanimous Vote, Recognizes Sovereignty of
State and Local Governments to Make Procurement Decisions

LOS ANGELES - In what is being labeled a huge victory for advocates of
selective purchasing laws, the Los Angeles City Council voted on Tuesday to
adopt the Free Burma ordinance, which will prohibit the city from
contracting with companies doing business with Burma.

The victory for supporters of democracy in Burma comes at a time when
selective purchasing agreement opponents looked to gain momentum after the
National Foreign Trade Council, a corporate lobby group, sued the state of
Massachusetts to force it to revoke its Burma Law. A federal judge ruled
that the state's selective purchasing law targeting Burma violated the
federal government's exclusive rule over foreign affairs. The decision is
being appealed.

"Without a doubt, this ordinance will rejuvenate advocates of selective
purchasing in Massachusetts and across the country to use these laws as a
tool to promote democracy abroad, " said Simon Billeness, Senior Analyst
for Franklin Research and Development Corporation and an expert on socially
responsible investing. " We have the country's two largest cities - New
York and now Los Angeles - saying that we will not give contracts to
companies that do business in Burma as long as the brutal junta is in charge."

The newly-passed ordinance is similar to South Africa laws which were
instrumental in bringing down the apartheid regime in the late 1980's.
Twenty-two other cities and counties have selective purchasing laws that
target Burma. Shockwaves from Tuesday's vote are reverberating across the
country.

"The city of Los Angeles will not be intimidated. We praise the city
council for having the courage and the compassion to pass this ordinance,"
said Kevin Rudiger of the LA Burma Forum. "The interests of a few
corporations will not supersede the human rights of the Burmese people and
the sovereignty of states and local governments to make purchasing decisions."

Former council member Richard Alarcón (7th District), who introduced the
ordinance, said Tuesday's success is not only a victory for Burma
activists, but for the Burmese people as well.

"Coming from the largest city on the Pacific Rim, this ordinance should
send a strong message to the Burmese junta - no democracy, no foreign
investment," said Alarcón, a newly-elected state senator. "The people of
Los Angeles will not have their tax dollars going to support a repressive
military regime.

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UNOCAL: STATEMENT ON LA SELECTIVE PURCHASING ORDINANCE 
15 December, 1998 

EL SEGUNDO, Calif., Dec. 15 /PRNewswire/ -- Unocal Corporation today issued
the following statement after the Los Angeles City Council approved an
ordinance prohibiting certain contracts with firms that do business in
Burma (Myanmar).

The approval today of the Burma ordinance by the city council is
counterproductive and unconstitutional.  Under the U.S. Constitution,
foreign policy is the province of the federal government, not dozens of
U.S. cities and municipalities. By this action, the city council has moved
beyond its legal authority.

A similar statute in Massachusetts was ruled unconstitutional by the U.S.
District Court, and then the court ordered that state to pay the legal fees
of those who challenge the statute. Los Angeles could now find itself using
taxpayer dollars to defend this well intended, but inappropriate measure.

The ordinance also sends an unwelcome message to the city's trading
partners in the Pacific Rim. It is a slap in the face of the Association of
Southeast Asia Nations (ASEAN), which has already condemned such sanctions.

The most successful approach for positive change is through engagement, not
political isolation and economic quarantine. This has been demonstrated
repeatedly. In Burma, for example, the Yadana natural gas project has been
instrumental in changing military labor practices in the region of the
pipeline.  At the same time, the project created high-paying jobs,
established health centers, built new schools and implemented
socio-economic development programs for an area that was extremely
undeveloped.

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ANNOUNCEMENT: PAPER AVAILABLE -- SECESSION AS ETHNIC CONFLICT RESOLUTION:
THE CASE OF THE SHAN STATES
27 November, 1998 from <m.win@xxxxxxxxxxxxxxxxxxx>

SECESSION AS AN ETHNIC CONFLICT RESOLUTION :   THE CASE OF  THE SHAN
STATES, by Sai Myo Win, is available upon request from S.Wansai at
m.win@xxxxxxxxxxxxxxxxxxxx  The paper was delivered at the conference - The
Implementation of the Right to Self-Determination as a Contribution to
Conflict Prevention - held in Barcelona from 21 to 27 November. The
Conference was sponsored by the UNESCO and "UNESCO Centre of Catalonia" was
responsible for all the arrangements.

The paper follows this outline:
1. INTRODUCTION
2. THEORETICAL ASPECTS OF SECESSION
  2.1. NATIONALITY 
  2.2. RIGHT TO SELF-DETERMINATION 
  2.3. THEORIES OF SECESSION 
     2.3.1. ALLEN BUCHANAN 
     2.3.2. DARREL MOELLENDORF 
     2.3.3. SIMON CANEY 
     2.3.4. JAN TULLBERG & BIRGITTA S. TULLBERG
     2.3.5. ARGUMENTS FOR AND AGAINST SECESSION

3. SECESSION : THE SHAN STATES AS A CASE STUDY 
  3.1. HISTORICAL BACKGROUND 
  3.2. TERRITORIAL RIGHTS 
  3.3. THE PEOPLE OF SHAN STATES AND THE SHAN NATION 
  3.4. AN INDEPENDENT STATE UNDER MILITARY OCCUPATION
  3.5. HUMAN RIGHTS VIOLATIONS, LEGITIMACY AND THE RIGHT TO SECEDE 
  3.6. THE SHAN CASE AND THE RIGHT TO SELF-DETERMINATION

4. THE RECOGNITION OF NEW STATES
5. THE ROLE OF THE UNITED NATIONS AND THE INTERNATIONAL COMMUNITY
6. CONCLUSION

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