The BurmaNet News: June 23, 1999

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The BurmaNet News: June 23, 1999
Issue #1299

Noted in Passing: "If they see us in the jungle or farming at our old
villages, they shoot us." - Shan farmer (see MANCHESTER GUARDIAN WEEKLY:
THOUSANDS FLEEING) 

HEADLINES:
==========
REUTERS: US COURT OVERTURNS MASS BURMA LAW 
CRPP: RESOLUTIONS 
GUARDIAN WEEKLY: THOUSANDS FLEE BURMA ARMY RAIDS 
REUTERS: REFUGEES THREATEN BANGLADESH ECONOMY 
SCMP: PLEA FOR VISIT POSES POLITICAL DILEMMA 
THE NATION: OBSTRUCTING LABOUR RIGHTS IN BURMA 
THE OBSERVER: TOUR FIRM BOYCOTTS BURMA 
FBC: ACTIVISTS TARGET SUZUKI DEALERSHIP 
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REUTERS: US COURT OVERTURNS MASSACHUSETTS BURMA LAW 
22 June, 1999 

BOSTON, June 22 (Reuters) - A U.S. appeals court on Tuesday struck down a
Massachusetts law that penalized firms doing business with Myanmar.

In a 3-0 ruling, the 1st U.S. Circuit Court of Appeals in Boston upheld a
lower court ruling that struck down the law last November, and went further
declaring the 1996 state measure infringed on the federal government's
right to make foreign policy and regulate foreign commerce.

The ruling puts at risk scores of trade laws passed by other states such as
those involving the MacBride principles that govern business with Northern
Ireland, as well as "Buy American" statutes, said Massachusetts Assistant
Attorney General Thomas Barnico, who argued for the state law.

Cities from Los Angeles to New York and states from North Dakota to Texas
supported Massachusetts in defending the so-called ``Burma law'' that was
challenged by the Washington, D.C.-based National Foreign Trade Council.
Myanmar was formerly known as Burma.

The Massachusetts law has been the subject of intense talks between
Washington, Japan and the European Union. The EU has filed a complaint with
the World Trade Organization, which was awaiting the decision by the U.S.
Appeals Court.

"If these judges had been on the bench in the 70s and 80s, Nelson Mandela
would still be in prison," said Rep. Byron Rushing, who authored the
Massachusetts law that was modeled on earlier anti-apartheid measures. 

[AP adds:]

The state had argued that it is Congress who must decide whether a state or
local government may enact legislation that affects foreign affairs.

Congress, the state argued, enacted federal sanctions against Myanmar
several months after Massachusetts enacted its law -- and chose not to
override the state law. Furthermore, the state isn't regulating conduct, it
is merely choosing how to spend taxpayers' money, attorneys said.

NFTC President Frank Kittredge applauded Tuesday's decision, calling it a
"full and sweeping" rejection of Massachusetts' right to impose its own
economic sanctions.

"Massachusetts has no authority in setting foreign policy or being involved
in foreign commerce," he said.

He said while the Massachusetts law had limited impact, that ban combined
with other state and local sanctions made the U.S. appear as an unreliable
trading partner.


Attorneys for the state said they were disappointed by the ruling.

"We wish it had come out the other way, we're reviewing the decision and
considering options," said Assistant Attorney General Thomas A. Barnico.

The state has 90 days to decide whether to appeal to the U.S. Supreme Court.

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COMMITTEE REPRESENTING PEOPLE'S PARLIAMENT: RESOLUTIONS
27 May, 1999 

RESOLUTIONS TAKEN ON THE 27TH MAY 1999 by THE COMMITTEE REPRESENTING THE
PEOPLES PARLIAMENT

(The ninth anniversary of the general elections)


(In accordance with the resolutions taken at the meeting of the 21 May 1999
of the Committee Representing the Peoples Parliament)

Resolution (1)

After holding a democratic multiparty general elections the State Peace and
Development Council, in violation of its own laws has for nine years
neglected and failed in its duty to convene the People's Parliament, thus
flaunting the will of the people. We denounce this in the strongest
possible terms.

Resolution (2)

At a function of the NLD on the 27 May 1998, to commemorate the 8th
anniversary of the general elections, the Central Executive Committee was
vested with authority to fix a time limit for the convening of Parliament.
Accordingly a letter addressed to the State Peace and Development Council
was written requesting that Parliament be convened by the 21 August 1998.
This letter was completely ignored which caused the Central Executive
Committee to announce that it would convene parliament in compliance with
the will of the people. Subsequently, the action as described hereunder was
taken against the elected members of parliament, the organising committee
members of the NLD at Nationality, State, Division, Township, Village and
Ward levels and other ordinary members:-

(a) Denigrating action under the Habitual Offenders Act compelling them to
sign bonds which if breached led to prosecution.

(b) Unjustifiable action and sentencing especially under Section 5(e) of
the Emergency Provisions Act and Section 505(b) of the Penal Code.

(c) Adopting procedures in contravention of the provisions of the Judiciary
Law (2 of 88) decreed by the State Law and Restoration Council.

(d) Devising situations and creating circumstances alleging that action is
being taken under existing laws by summary trials and sentencing.

(e) Causing resignations of members of the NLD by distorted representations
and perverse pressure.

(f) Orchestrating sham demonstrations of no confidence against legally
elected representatives by illegal and criminal intimidation.

(g) Making retrospective rules, regulations, announcements, and orders to
existing laws in which no such provisions exist.

We forcefully express our condemnation of all the above actions.

Resolution (3)

We welcome and support the resolutions of the United Nations on Human Rights.

Resolution (4)

Formal recognition accorded to us by the parliaments of the European Union
and parliaments of other country is gratefully appreciated.

Resolution (5)

The Parliamentary Affairs Committee of the CRPP is given the authority to
draw up plans for the convening of parliament.


Resolution (6)

Nationality Affairs Committee of the CRPP is given the responsibility of
seeking the wishes of the nationalities with regard to matters to be
embodied in the constitution of the Democratic Union of Burma and to report
back to the CRPP.

Resolution (7)

Foreign Affairs Committee of the CRPP is given the responsibility to
communicate with the United Nations, parliaments of the European Union and
all other democratic countries on matters pertaining to democratic
practices and procedures for a better knowledge and understanding.

Resolution (8)

Education Affairs Committee of the CRPP is given the responsibility to
probe into the issue of a fall in student population and the increasing
percentage of drop-outs before completion of primary education.

Resolution (9)

Defense Affairs Committee of the CRPP is given the responsibility of
writing a report on the establishment of a modern army in a democracy.

Resolution (10)

Finance and Trade Affairs Committee of the CRPP is given the responsibility
of writing a report on budget estimates and printing of currency notes etc.

Resolution (11)

Finance and Trade Affairs Committee of the CRPP is given the responsibility
of writing a report on the Market Economy Policy and Principles that should
be adopted for control of inflation and investments.

Resolution (12)

Cultivators and Farmers Affairs Committee of the CRPP is given the
responsibility of writing a report on the rights of the farmer and drafting
a law relating to Capital Investment for Farmers.

Resolution (13)

Workers Affairs Committee of the CRPP is given the responsibility of
writing a report on workers rights, minimum wages for workers, equitable
minimum working hours and workplace safety.

Resolution (14)

Health and Social Welfare Committee of the CRPP is given the responsibility
of writing a report on minimum standards required of public hospitals,
surgeries, and medical centers.

Resolution (15)

Immediate and unconditional release of all political prisoners is demanded.

Resolution (16)

Immediate and unconditional release of all ethnic nationalities political
parties and NLD parliamentarians, organising committee members at all
levels (state, division, township, village and ward) and ordinary members
that have been held in detention or restrained under specific conditions is
demanded.

Confirmation of

1. Statement issued on the occasion of the 9th anniversary of the
multiparty general elections.

2. Statement issued relating to dialogue and convening of parliament.

Committee Representing the Peoples Parliament

Rangoon 27 May 1999

(Responsibility for this publication is taken by the National League for
Democracy.)
 
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MANCHESTER GUARDIAN WEEKLY: THOUSANDS FLEE BURMA ARMY RAIDS 
6 June, 1999 by Matthew Pennington

Fang District, THAILAND - Thousands of Shan villagers are fleeing their
homes in the opium-growing mountains of east  Burma  every week because of
a military policy to depopulate rebel areas.

The mass relocation of more than 300,000 Shans from their homes to
ill-supplied resettlement sites next to army bases has driven thousands
into the jungles of Shan state. Bearing tales of attempts to strip their
communities of their ethnic identity and suppress their language and
culture, growing numbers are trekking illegally into Thailand to find
sanctuary.


"They [the Burmese army] are forcing us to move and won't let us grow
anything," said Lung Pan, aged 50, a Shan farmer who has fled to Thailand.
"If they see us in the jungle or farming at our old villages, they shoot
us.  They say even if they see one dog in the village, they will kill it."

Northern Thailand has seen between 1,500 and 3,000 refugees a month pour
across the border, prompting the United Nations High Commissioner for
Refugees to call on Bangkok to grant temporary asylum to Shans escaping
persecution.

Colonel Yod Serk, leader of the rebel Shan State Army (SSA), which is the
largest ethnic group still fighting for independence from Rangoon, said
last week: "The Burmese military are killing and torturing the people
because the rural villages have close links with the SSA, so they want to
separate us."

Shan-language signs have been torn down to be replaced with ones in
Burmese, and in Lai Kah, one of the largest towns in the relocation zone,
30 Shan temples have been torched and looted.

The current insurgency, which began three years ago, has been marked by
thousands of killings as well as the relocations, according to the
Thailand-based Shan Human Rights Foundation. 

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REUTERS: MYANMAR REFUGEES THREATEN BANGLADESH ECONOMY 
20 June, 1999 

KUTUPALONG, Bangladesh, June 20 (Reuters) - An influx of Moslem refugees
from military-ruled Myanmar is putting a strain on the limited resources of
Bangladesh.

Officials say for nearly nine years more than 21,000 registered refugees
have been living in two camps in Bangladesh's Cox's Bazar district,
bordering Myanmar's western Moslem-majority Arakan province.

But an estimated 10,000 Myanmar people are staying illegally outside the
camps, Cox's Bazar residents said.

Local Bangladeshis are resentful. They accuse the refugees of stripping
forests of trees and competing with local Moslems  for jobs in the fishing
industry.

``They have persistently put pressure on our economy and taken a share of
the job market,'' said fish trader Mohammad  Shohrab Ali.

Ali said the refugees, known as Rohingyas, are hired for lower wages by
owners of trawlers that go fishing in the Bay of  Bengal.

Fishing is the prime business in Cox's Bazar and neighbouring coastal
districts. Illegal logging in local forests and smuggling to and from
Myanmar offer the other major ways of income.

Government officials, including the Relief and Repatriation  Commissioner
in Cox's Bazar, Mohammad Borhanuddin, said the  refugees often sneak out of
the camps desperately searching for  work.

LOCAL WOODS SUFFER FROM POPULATION PRESSURE

``They (refugees) are a considerable burden on us ... and constitute a
threat to our economy and environment. But this is  difficult to
quantify,'' Borhanuddin said.

The most visible victims are the forests in Cox's Bazar and nearby Teknaf
areas. ``The Rohingyas cut them down mainly for  sale in the local markets
as firewood to buy food and other  provisions,'' said journalist Nurul Islam.

Local Bangladeshis accuse the refugees of theft. But refugee Sabbir Ahmed,
18, of Kutupalong camp, said: ``We collect wood from the jungles and give
labour to local people such as farm  hands or fishing crew. Police often
arrest us because they say we are thieves. But most of us are good people.''


The Rohingyas who have been migrating to Bangladesh constitute mostly
economic refugees, repatriation officials said.

Others include political activists who drew the wrath of  Myanmar's
military by supporting pro-democracy leader Aung San  Suu Kyi and militants
fighting for a Moslem homeland in Arakan.

Borhanuddin accused the Myanmar authorities of dragging their feet on the
issue of repatriation.

``They are just causing more suffering to us by not taking their people
quickly. Now only 10-15 people go back every week  while we asked for
hundreds to go home in each of three moves a  month,'' he said.

U.N. DISMAYED AT SLOW PACE OF REFUGEES' RETURN

Christopher Lee, representative of the U.N. High Commissioner for Refugees
(UNHCR) in Cox's Bazar, said ``people are coming (from Arakan) for a range
of reasons including political differences.''

He said UNHCR's role was to help repatriate the refugees and make sure the
repatriation was voluntary.

But Lee expressed his dismay over the slow pace of their return. ``Our aim
was to complete the repatriation (of registered refugees) by June 2000 but
at the current pace this looks impossible,'' he said.

More than 250,000 Rohingyas fled to Bangladesh in early 1992 saying they
were being persecuted at home. Their repatriation began in September that
year under the supervision of the UNHCR.

The process suddenly came to a halt in July 1997 with some 21,000 refugees
still left in Bangladesh. The process resumed in October 1998 but at a
snail's pace.

``I left Arakan in the early 1990s as the military authority intensified a
crackdown on supporters on Suu Kyi's NLD (National League for Democracy),''
said Abul Alam, 26.

``Like me, hundreds of NLD supporters and activists in the Arakan Moslem
community were forced to leave their homes and country,'' he told Reuters.

Alam said at least 10,000 Rohingyas now live outside the camps at
Kutupalong and Nayapara, and the number was rising.

``We are living an inhuman life here (in Bangladesh) but it's still better
than facing the guns in Myanmar,'' said Mohammad Mohibullah,'' Alam's
friend and comrade.

Police said the camps also provided shelter to an unspecified number of
militants from the Rohingya Solidarity Organisation, the Arakan Rohingya
Islamic Front and the Arakan Liberation Army.

The groups are struggling to create an independent Moslem homeland in Arakan.

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SOUTH CHINA MORNING POST: JUNTA'S PLEA FOR VISIT POSES POLITICAL DILEMMA 
22 June, 1999 by Arshad Mahmud 

Bangladesh is facing a dilemma as to how to respond to stepped-up Burmese
requests for the head of the Rangoon junta to visit Dhaka.

A Bangladeshi official said the requests underlined the junta's desperation
to break out of its diplomatic isolation.

On the one hand, Dhaka is keen to invite General Than Shwe for the simple
reason that the visit could expedite repatriation of the 21,000-odd Burmese
refugees, known as Rohingyas, still languishing in border camps more than
eight years after they were forced to flee their homes.


On the other, it has failed to extract any firm commitment from Rangoon
that the visit would indeed put an end to the refugee crisis.

Bangladesh first received a formal request for the visit more than six
months ago, but was hesitant to respond for fear of incurring the wrath of
Western powers which have imposed sanctions on Burma for its human rights
abuses.

But a few weeks ago Dhaka reportedly received the green light from the
donor community for the general to visit.

A diplomat told Foreign Minister Abdus Samad Azad: "We'll shut our eyes. We
understand your compulsion in promoting better ties with your neighbour."

The donors apparently agreed because they have a vital interest in seeing
an end to the refugee problem. They are footing the refugees' food bill.

Emboldened by the donors' agreement -- and by a message from the United
Nations refugee agency in Rangoon that a formal invitation from Prime
Minister Sheikh Hasina Wajed to General Than Shwe could lead to the
successful resolution of the refugee problem -- Dhaka decided to go ahead.

But the Burmese authorities are still being equivocal about the refugee
issue and Bangladesh has put the visit on hold at least for the time being.

"They've refused to give us any firm commitment to restart the stalled
repatriation of the remaining refugees," an official said. "Unless we have
that, we'll simply sit on it."

The visit to Dhaka next month of Burmese Foreign Minister Win Aung is
expected to nudge the two sides closer to an understanding.

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THE NATION: OBSTRUCTING LABOUR RIGHTS IN BURMA 
22 June, 1999
 
LETTER TO THE EDITOR

It has been two years since the military junta arrested trade union leaders
U Khin Kyaw and U Myo Aung Thant along with their family members in June
1997. The two activists are central executive committee members of the
Federation of Trade Unions-Burma (FTUB).

According to the Amnesty International Report 1998 stating that Myo Aung
Thant, a member of the Federation of Trade Unions-Burma was sentenced to
"transportation for life" defined in the 1957 Burmese Penal Code as
equivalent to transportation for two years for committing "High Treason"
and to 10 years' additional imprisonment. He had been arrested in June 1997
and accused of passing money to the National League for Democracy [NLD] and
assembling explosives in order to assassinate an unnamed Slorc member. His
trial was reportedly held in camera and lasted only 10 days.

In fact, the two activists have organised the workers inside on protective
rights according to international norms. Burma is a country that has
ratified the ILO Convention [87] and [29]: freedom of association and the
right to organise. Still, the regime is not willing to allow free trade
unions movement since they seized power in 1962. This incident is an
obvious example that there is no rule of law in Burma.

The present Burmese regime is not only disrespecting the Workers' Rights,
which are chartered by the ILO, but it is also violating the basic human
rights prescribed in UN Charters.


On the other hand, the military junta hinders the day-to-day activities of
the NLD, and others. This shows that the regime is responsible for all
sorts of obstacles on the way to democratisation in Burma.

Thet Oo
Secretary, Data and Research Department 
Federation of Trade Unions-Burma

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THE OBSERVER: TOUR FIRM BOYCOTTS BURMA AFTER STAFF VOTE
13 June, 1999 by Desmond Balmer 

A British tour operator has stopped selling holidays to Burma after its
staff voted for a ban on travel because of the Burmese regime's human
rights record. Just a year ago the staff had voted in favour of featuring
Burma in its South East Asia brochure.

The Imaginative Traveller, which carried fewer than 100 tourists a year to
Burma, made the decision last month after votes by its staff and those
employed on its Australian sister company, Intrepid, which was responsible
for handling the tours on the ground.

The pull-out is a further success for the Burma Campaign UK, which lobbies
for democracy and human rights in the country. The military government has
refused to accept the results of a general election in 1991 when the
National League for Democracy polled 82 per cent of the vote. Its leader,
Aung San Suu Kyi, is under house arrest.  [BurmaNet Editor's note:  The
election referred to in this paragraph was held in 1990, during which time,
Daw Aung San Suu Kyi was under house arrest.  She currently is not
officially under house arrest, but her movements are severely restricted.]

Yvette Mahon, co-director of the Burma Campaign, said: "Tourism is
inextricably tied up with abuses. An estimated two million Burmese people
have been used as an unpaid pool of forced labour beautifying tourist
sites. The tourist dollar goes straight to the regime, which controls the
economy, and the presence of tourists gives it legitimacy." 

Martin Dunn, managing director of The Imaginative Traveller, said: "We had
felt that people ought to make up their own minds about whether to travel.
But this year we had a prolonged debate about the issues and staff voted
overwhelmingly, both here and in Australia, against travel." He admitted
that he abstained in the vote. "I didn't want to lead or influence the
result. My position is that people should be allowed to make up their own
minds. Burma has been given immense attention but there are dangers. If one
were to apply this attitude even-handedly, we would have to stop travelling
to other countries like Turkey or Israel." There were reports last year
that Aung San Suu Kyi had withdrawn her opposition to tourism to Burma. But
Mahon and her co-director, John Jackson, met the democracy leader in
January when she reaffirmed her position.

The London-based Orient-Express company has operated a river cruise, the
Road to Mandalay, in Burma since December 1995. Pippa Isbell, director of
communications, said: "We take the view that opening up countries to
tourism and interaction between ordinary people is a positive move. Such
moves can be a catalyst for long-term social change." 


[ ... ]

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FREE BURMA COALITION: ACTIVISTS TARGET SUZUKI DEALERSHIP 
22 June, 1999 from thobart@xxxxxxxxxxxxxx 

For immediate release						June 22, 1999

Media Contacts:
DC-Burma Activist Network -- Ted Hobart  (703) 524-9773
Burmese Women's Union -- Ahtar  (301) 762-0006
Free Burma Coalition -- Dr. Zar Ni  (202) 777-6009 

Free Burma Activists Target Local Suzuki Dealership

Japanese company propping up narco-dictatorship in Burma

Wheaton, MD. - Burmese and American democracy supporters will demonstrate
on Wednesday June 23 at 3:00 pm in front of the Fitzgerald's Wheaton
Suzuki, 10915 Georgia Avenue.  The protesters are demanding that the
Japanese government and Suzuki, Inc. stop doing business in Burma and stop
supporting the country's highly repressive military junta.

In April 1999, the Free Burma Coalition announced a boycott of Suzuki,
Inc., because of that company's support for the illegal military junta in
Burma.  Suzuki automotive, motorcycle and marine dealers around the world
are all targeted for boycotts.

Ignoring international opinion and the request of Burma's own
democratically elected leader, Suzuki announced on Oct. 13, 1998 that it
was investing $10 million dollars into a joint venture with the generals in
Burma to build cars and motorcycles there.

Aung San Suu Kyi, who is the legitimate representative of the Burmese
people, has asked foreign companies not to come to Burma before democracy
does.  "We are not against investment," said Mrs. Suu Kyi, in a March 30,
1998 interview in Businessweek.  "But we want investment to be at the right
time... investing now is [not] going to be profitable either to investors
or to the people of Burma."

A rapidly-growing number of U.S. and European companies have withdrawn from
Burma.  "Japanese foreign investment and foreign aid are today among the
last lifelines for an army junta that is dealing death in Burma and
abroad," said Dr. Zar Ni, founder of the Free Burma Coalition. "Without the
financial support of companies like Suzuki, the generals would be bankrupt.
People who buy Suzuki products should know that they are giving dollars to
dictators."

Burma is ruled by a narco-dictatorship that is widely regarded as one of
the worst human rights offenders in the world.  The generals running Burma
are international pariahs, banned from setting foot in the United States or
the European Union.  They have been condemned for human rights violations,
including summary executions, torture, forced relocations, systematic rape
and the ethnic cleansing of Christian, Moslem, Buddhist, and other
minorities groups. The U.S. Department of Labor recently documented the
massive use of forced labor in Burma.

In addition, the junta has turned Burma into the world's largest heroin
exporter.  According to the U.S. State Department, the country has become a
global center for narcotics money laundering.

January 1997:  Pepsi pulls out of Burma.
February 1997:  Compaq pulls out of Burma.
March 1997:  Kodak pulls out of Burma.
April 1997:  Seagram pulls out of Burma.

September 1997:  Texaco pulls out of Burma.
August 1998:  Arco pulls out of Burma.
September 1998:  Ericsson pulls out of Burma.
October 1998:  Suzuki invests in Burma.

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