------------------------ BurmaNet ------------------------ "Appropriate Information Technologies, Practical Strategies" ---------------------------------------------------------- The BurmaNet News: July 25, 1997 Issue #781 Noted in Passing: The participation of the [Prison] department in national projects ... constitutes a milestone in history. Lt-Gen Mya Thin (see The Nation: Inmates to ‘Build Burma’) HEADLINES: ========== SLORC: INFORMATION SHEET A.0072(I/L) AMNESTY INTERNATIONAL: BURMESE MUSLIM FLEEING ASEAN PROTOCOL: ACCESSION OF MYANMAR TO ASEAN AFP: BURMA NOW ASEAN'S PROBLEM: ALBRIGHT BKK POST: TENSIONS THREATEN JAPAN-ASEAN PLANS HRW/ASIA: "ADDRESS ABUSES IN BURMA, CAMBODIA" THE NATION: INMATES TO 'BUILD BURMA' THE NATION: ASEAN ADMITS BURMA, LAOS BKK POST: KHUN SA'S MAN TO BE EXTRADITED SLORC: INFORMATION SHEET A.0071(I) BOSTON GLOBE: A BIG SHIELD FOR TERROR IN BURMA AWSJ: MASSACHUSETTS' BURMA LAW IS CHALLENGED BKK POST: PTT FACES PRESSURE TO REVEAL CONTRACT THAILAND TIMES: ACTIVISTS CHALLENGE BURMA'S ASEAN IMAGES ASIA: VIDEO DOCUMENTARY LAUNCH ----------------------------------------------------------------- SLORC: INFORMATION SHEET A.0072(I/L) July 24, 1997 From: OKKAR66127@aol.com Sr. Gen. Saw Maung Passed Away Senior General Saw Maung, the Former Chairman of the State Law and Order Restoration Council passed away this morning at 7:15 am at his residence in Yangon of heart attack. The general retired from the chairmanship in 1991 due to health reason. ************************************** AMNESTY INTERNATIONAL: BURMESE MUSLIM ASYLUM-SEEKERS FLEEING TO BANGLADESH July 23, 1997 From: Myo Aye <082903@bud.cc.swin.edu.au> AI INDEX: ASA 16/24/97 23 JULY 1997 Myanmar: Burmese Muslim asylum-seekers fleeing to Bangladesh could face forced labour and other hardships if returned The thousands of Burmese Muslim asylum-seekers fleeing to Bangladesh from Myanmar should not be returned to Myanmar to face the forced labour and other hardships which compelled them to flee in the first place, Amnesty International said today. According to reliable sources, up to 25,000 asylum-seekers have arrived in the last few months in order to escape forced labour, portering and other hardships. They join some 21,000 other Burmese Muslims in the country. "Refugees have been forcibly returned to Myanmar, where forced labour and portering continue at a high level," Amnesty International said. " It is crucial that they are allowed access to the United Nations High Commissioner for Refugees (UNHCR) immediately. The Government of Bangladesh has so far not permitted UNHCR to interview them." On 20 July, a group of Burmese Muslims, known as Rohingyas, were forcibly sent back by the Bangladeshi security forces from Nayapara and Kutupalong refugee camps in southeastern Bangladesh. About 400 refugees, some of whom were ill, were physically taken against their will and sent across the Naf River to Myanmar. UNHCR was not allowed to speak to them or to perform medical checks. The Bangladesh government has denied these reports, claiming that they are economic migrants and that the repatriation proceeded according to an agreement between them and UNHCR. The newly arrived Rohingyas are not in camps -- and are unable to receive any assistance or protection from UNHCR. Without UNHCR access they will not be able to have their protection needs assessed, and will not be able to receive the help they need. Many of them have been forcibly returned to Myanmar by the Bangladeshi security forces without having had that opportunity. The 21,000 who are in camps are the last of more than 250,000 Rohingyas who fled killings, torture, and forced portering in 1992. Most of them have returned home, although there has been no fundamental change in the human rights situation there. "The Government of Bangladesh must recognize that many of those who have fled are at risk of human rights violations if returned. It should ensure that these refugees receive the protection they so desperately need," Amnesty International said. ****************************** ASEAN PROTOCOL: ACCESSION OF MYANMAR TO ASEAN AGREEMENTS July 23, 1997 From: Myo Aye <082903@bud.cc.swin.edu.au> PROTOCOL FOR THE ACCESSION OF THE UNION OF MYANMAR TO ASEAN AGREEMENTS WHEREAS the Union of Myanmar became a Member State of ASEAN on 23 July 1997; AND WHEREAS the Union of Myanmar has agreed to subscribe or accede, as the case may be, to all Declarations, Treaties and Agreements of ASEAN; HAVING REGARD to the results of the consultations and negotiations directed towards the accession of the Union of Myanmar to Agreements of ASEAN and the commitments made by the Union of Myanmar in the signed letter from the Minister for National Planning and Economic Development to the Chairman of the 28th ASEAN Economic Ministers Meeting dated 12 May 1997; NOW THEREFORE the Government of the Union of Myanmar hereby accedes to the following Agreements, and, as the case may be, agrees to the Specific Conditions contained in Annexes 1, 2 and 3: 1.Agreement on the Establishment of the ASEAN Secretariat signed in Bali on 24 February 1976 and the amendments thereto in the Protocols signed in Bangkok on 27 January 1983; Kuala Lumpur on 9 July 1985; Bandar Seri Begawan on 4 July 1989; Manila on 22 July 1992; and Subang Jaya, Malaysia, on 23 July 1997; 2.Agreement on the ASEAN Food Security Reserve signed in New York on 4 October 1979 and the amendments thereto in the Protocols signed in Bangkok on 22 October 1982, and in Subang Jaya, Malaysia, on 23 July 1997; 3.Agreement for the Establishment of a Fund for ASEAN signed in Bangkok on 23 July 1994; 4.Framework Agreement on Enhancing ASEAN Economic Cooperation signed in Singapore on 28 January 1992 and the amendment thereto in the Protocol signed in Bangkok on 15 December 1995; 5.Agreement on the Common Effective Preferential Tariff (CEPT) Scheme for the ASEAN Free Trade Area (AFTA) signed in Singapore on 28 January 1992 and the amendment thereto in the Protocol signed in Bangkok on 15 December 1995; 6.ASEAN Framework Agreement on Services signed in Bangkok on 15 December 1995; 7.Basic Agreement on the ASEAN Industrial Cooperation Scheme signed in Singapore on 27 April 1996; 8.Protocol on Dispute Settlement Mechanism signed in Manila on 20 November 1996; 9.Agreement among the Governments of Brunei Darussalam, the Republic of Indonesia, Malaysia, the Republic of the Philippines, the Republic of Singapore and the Kingdom of Thailand for the Promotion and Protection of investment signed in Manila on 15 December 1987 and the amendment thereto in the Protocol signed in Jakarta on 12 September 1996; 10.ASEAN Framework Agreement on Intellectual Property Cooperation signed in Bangkok on 15 December 1995; and 11.ASEAN Agreement on Customs signed in Phuket on 1 March 1997; THE GOVERNMENT OF THE UNION OF MYANMAR hereby commits, from the date of its membership in ASEAN, to extend on a reciprocal basis Most Favoured Nation Treatment to ASEAN Member States; National Treatment on products of the territory of any ASEAN Member State imported into the territory of the Union of Myanmar vis-à-vis like products of national origin in respect of all laws, regulations and requirements (including sales tax, exchange rate determination and foreign exchange control) affecting their internal sale, offering for sale, purchase, transportation, distribution or use; and ensure transparency in its trade regime on goods and services by keeping ASEAN Member States informed of all its laws, regulations and requirements and subsequent changes thereto which affect its trade in goods and services with ASEAN Member States; AND AGREES to immediately observe the continents and carry out the obligations under the Agreements, and any amendments thereto, and in the Specific Conditions contained in the Annexes; The Annexes shall form an integral part of this Protocol; This Protocol shall enter into force on the day of its signing; This Protocol and the Annexes shall be deposited with the Secretary-General of ASEAN, who shall promptly furnish a certified copy thereof to each Member State of ASEAN. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by the Government of the Union of Myanmar, has signed the Protocol for the Accession of the Union of Myanmar to ASEAN Agreements. DONE at Subang Jaya, Malaysia, on the Twenty-Third day of July in the year One Thousand Nine Hundred and Ninety-Seven. For the Union of Myanmar Signed by Ohn Gyaw Minister for Foreign Affairs ******************************************* AFP: BURMA NOW ASEAN'S PROBLEM: ALBRIGHT July 23, 1997 (slightly abridged) LOS ANGELES, July 23 (AFP) - Secretary of State Madeleine Albright frowned Wednesday on Burma's admission to the Association of Southeast Asian Nations (ASEAN), saying ASEAN now shares its problems. In prepared remarks to the Pacific Council and Los Angeles World Affairs Council, Albright -- on her way to meet ASEAN foreign ministers in the Malaysian capital -- also vowed to press for democracy in Cambodia. "By admitting Burma as a member, ASEAN assumes a greater responsibility, for Burma's problems now become ASEAN's problems. And the goal of democratic change and respect for human rights in Burma becomes not only a national but a regional and global imperative," she said. Burmese authorities "are among the most repressive and intrusive on earth," she said. "It is only right that Burma is subject to international sanctions and consumer boycotts." In meeting foreign ministers from ASEAN countries and China, Albright said she would try to keep up world pressure on Cambodian strongman Hun Sen to respect 1991 peace accords that ended Cambodia's 13-year civil war. "There in recent weeks democracy has taken a giant step backwards," she said. ************************************** BKK POST: TENSIONS THREATEN JAPAN-ASEAN PLANS July 24, 1997 Nussara Sawatsawang Cambodia's political turmoil is jeopardising a joint Asean-Japanese economic aid programme for the country. Katsuhiko Umehara, who represents Japan's Ministry of International Trade and Industry in Thailand, said plans to train garment factory supervisors in Phnom Penh was shelved after street battles broke out in the capital on July 5. "We're worried about Cambodia: If it gets deeper into this mess, our efforts will have been in vain," he said, while expressing hope that the situation will improve. The project was part of a joint effort launched in 1994 by the ministry and Asean's economic ministers to provide technical aid to Burma, Cambodia and Laos. The undertaking was also intended to include legal training, studies on special market economy zones, trade and investment policy, auto-mobile and electronics production, finance, tourism and transportation. Plans to assist Burma face problems of their own following Tokyo's decision to freeze loans to Rangoon, in effect blocking technical assistance to the country. Japan has allowed only humanitarian aid to Burma since 1988 because of the ruling State Law and Order Restoration Council's suppression of democracy and human rights. Tokyo and Western nations have demanded that the regime hold talks with opposition leader Aung San Suu Kyi and ethnic minorities. The freeze has prevented Japanese experts from visiting Burma "under the present circumstances”, Mr Umehara said, although contacts with Rangoon are being maintained through National Planning and Economic Development Minister David Abel. A Burmese diplomat, speaking on condition of anonymity, was hopeful that Rangoon's Asean membership would entitle it to technical aid from Japan. He called Burma's membership tantamount to "equal rights and responsibility" among members new and old. A Japanese official allowed that Tokyo might review its policy upon Burma's induction into Asean. "Until Myanmar [Burma] joined Asean, we could talk only on a bilateral basis. Logically, we have to do something new after Myanmar becomes a member of Asean," he said. The Japanese industry and trade ministry has concluded studies on the possibility of opening special free trade zones in Thakhek, in the central Laotian province of Khammouane, and Koh Kong in Cambodia, and a satellite survey on landmine hazards in the two countries. *************************************************** HRW/ASIA: "ADDRESS ABUSES IN BURMA, CAMBODIA" July 25, 1997 [abridged] From: Myo Aye <082903@bud.cc.swin.edu.au> For Further Information: Mike Jendrzejczyk, DC: 202-371-6592, ext. 113; (h) 301-585-5824 Sarah Cooke, London: 44-171-713-1995 Susan Osnos, NY: 212-972-8400, ext. 216 ASEAN URGED TO ADDRESS ABUSES IN BURMA, CAMBODIA As the foreign ministers of ASEAN (Association of South East Asian Nations) move into the final day of their meeting in Kuala Lumpur, Malaysia and prepare to meet with their "dialogue partners" on July 28-29, Human Rights Watch/Asia is calling on ASEAN to effectively address the serious human rights problems in Burma and Cambodia in order to promote stability in the region. "Whether it's the disastrous effect on investment and development of executions and mass arrests in Cambodia, or the continuing outflow of refugees sparked by gross abuses in Burma, ASEAN has an inherent self-interest in becoming more pro-active on behalf of human rights," said Mike Jendrzejczyk, the organization's Washington Director. "Its role in Cambodia has certainly been highly useful and constructive, and we hope that ASEAN will also become more active on Burma." Human Rights Watch/Asia released a report, Burma/Thailand: No Safety in Burma, No Sanctuary in Thailand, as the ASEAN meetings were underway, charging that human rights abuses committed by the Burmese military government continue to force thousands of refugees into neighboring countries. These abuses, which include killings, torture, forced labor and forced relocations, have continued even in areas where cease-fire agreements with rebel armies have been signed. Thailand_ a leading member of ASEAN_ has borne the main burden of new refugees in the past year. The report also documents violations of international legal norms by the Royal Thai government, which has forcibly repatriated back to Burma more than 8,500 refugees who fled a military offensive against the Karen National Union in February, 1997. Thai authorities also refused entry to an estimated 60,000 refugees from the Shan State from March 1996 onwards. The refugees were fleeing forced relocations and other abuses by the Burmese army affecting an estimated 100,000 people. The report was based on first-hand interviews conducted on the Thai-Burmese border in June 1997, and other documentation. As the major refugee-producing country in the region, the Burmese government has been denounced in successive United Nations resolutions, yet ASEAN has largely remained silent. "We hope that ASEAN, having admitted Burma as a member, will establish a working group to promote a peaceful end to violence and to curb repression, pressing for implementation of the U.N.'s recommendations," said Mike Jendrzejczyk. "It is urgent that the U.N.'s Special Rapporteur on Burma, Justice Rajsoomer Lallah, be given access to Burma -- including ethnic minority areas -- before the next ASEAN meeting in Malaysia in December 1997." Human Rights Watch/Asia also called on the Thai authorities to take steps to prevent the forcible repatriation of refugees and to allow the U.N. High Commissioner for Refugees to carry out its mandate on the Thai/Burmese border, and urged the broader international community to step up concerted pressure on Rangoon to respect basic human rights, including through economic measures. [passage on Cambodia omitted] ******************************************** THE NATION: INMATES TO 'BUILD BURMA' July 24, 1997 AFP RANGOON - Burma's home minister has recommended that prisons be tapped as a valuable source of labour and prisoners should be fully utilised to develop the country, the official press reported yesterday. Convicts serving sentences are also members of the Burmese public and constitute a "considerable labour force" that should be used effectively instead of being left idle, Lt-Gen Mya Thin was quoted by the New Light of Myanmar as saying. "Every citizen" had a role to play in modernising the nation, so Burma could catch up with neighbouring countries and be accepted internationally, the paper quoted him as telling a prison department meeting. "The participation of the department in national projects, therefore, constitutes a milestone in history," Mya Thin said. The comments came as Rangoon was about to be formally admitted yesterday into the Association of Southeast Asian Nations (Asean), along with Laos, at the 30th annual Asean foreign ministers meeting in Kuala Lumpur. Some Western nations have opposed Burma's entry to the regional grouping because of the ruling junta's human rights record - including the use of forced civilian labour for state infrastructure projects. *************************************************** THE NATION: ASEAN ADMITS BURMA, LAOS WITH CAMBODIA SIDELINED July 24, 1997 [abridged] Kulachada Chaipipat, The Nation KUALA LUMPUR - The Association of Southeast Asian Nation's (Asean) yesterday officially admitted Laos and Burma as its eighth and ninth members, bringing the founding fathers' dream of a 10 member community one step closer. Yesterday's ceremony was marked as a moment of joy by the Burmese delegation, whose 17 members all marched into the Asean fold wearing national dress. Burmese Foreign Minister U Ohn Gyaw stood out visibly from the other Asean ministers, including Laotian Foreign Minister Somsavat Lengsavad, who all wore dark lounge suits. The Burmese delegation included Rangoon's ambassadors to all Asean capitals, except Vietnam and Brunei. Laos killed its earlier plan for all Asean ambassadors to join the ceremony, citing budget constraints and regret over Cambodia's exclusion. Asean ministers - except those from Thailand, Vietnam and Brunei - expressed regret that events in Cambodia has hampered Asean from completing its dream line-up. Ohn Gyaw yesterday thanked Asean for its kind understanding of the situation in Burma, as shown by its policy of constructive engagement. *************************************************** BKK POST: KHUN SA'S MAN TO BE EXTRADITED July 24, 1997 A follower of drugs kingpin Khun Sa will be extradited from Thailand to the United States for allegedly smuggling heroin to the US over six consecutive years. The Appeals Court yesterday upheld the Criminal Court's verdict to extradite Charlie Yangviriyakul, or Yang Sue Hua, to the US as requested by the East District Court of New York State via the Foreign Ministry, the Police Department and the Office of the Attorney-General. The suspect is charged with having conspired with others to smuggle heroin to the US from May 7, 1990 to May 9, 1996. If found guilty, he will face a 10-year jail term and a fine of no more than US$4 million. Public prosecutors will coordinate with the US Embassy in Thailand, the Police Department and the Corrections Department to extradite Charlie to the US as soon as possible. *************************************************** SLORC: INFORMATION SHEET A.0071(I) July 24, 1997 From: OKKAR66127@AOL.COM (1) Myanmar Becomes Full Member of ASEAN The Union of Myanmar was welcomed into the Association of Southeast Asian Nations (ASEAN) yesterday, (23rd. July 1997), during an Admission Ceremony held in Subang Jaya, Malaysia, where ASEAN Foreign Ministers are gathered for the 30th. ASEAN Ministerial Meeting. Minister for Foreign Affairs U Ohn Gyaw signed the Declaration on the Admission of the Union of Myanmar into the ASEAN, and the Protocol for the Accession of the Union of Myanmar to ASEAN Agreements, on behalf of the Government of the Union of Myanmar. Myanmar will be participating in the 30th. ASEAN Ministerial Meeting as a full member from 24th. July onwards together with the Lao People’s Democratic Republic. (2) U Aung San U and Wife Give Donation U Aung San U (elder brother of Mrs. Aris / Daw Su Kyi) and wife Daw Le Le Nwe Thein donated funds for general renovation of Shwedagon Pagoda on the 23rd. of July. On the same day Daw Le Le Nwe Thein and her brothers and sisters collectively donated funds for restoration of an ancient pagoda in Bagan. U Aung San U and Daw Le Le Nwe Thein arrived at Myanmar from the United States to attend the 50th. Anniversary of the Martyr’s Day Ceremony in Yangon. (3) Office Calls In Yangon (A) Chairman of Myanmar Investment Commission VADM. Maung Maung Khin received Chairman and Chief Executive Officer Mr. Charles Jamieson of Premier Oil Plc of the U.K at his office on the afternoon of 23rd. July. (B) Minister for Transport Lt.Gen. Thein Win received Civil Aviation M. Andre Vessier of French Civil Aviation Department at his office on the afternoon of 23rd. July. (4) Drug Seizures (A) Sixteen Packets of raw opium weighing (18.04)kilos were seized in Mandalay by Mandalay police on the 2nd. of July from a person carrying hidden opium in two buckets. (B) (2) packets of heroin weighing (0.5)kilo and (4) packets of heroin weighing (0.08)kilo were seized from (3) passengers on a passenger bus near Myanmar/China border by the anti-drug squad, it is learnt. (5) Efforts to Promote Export of Crops Farm produce constituted (35) percent of the income from all exports in fiscal year 1996-1997, and the value of exports including beans, corn, cotton, sugarcane, rubber and jute amounted to (30) million U.S dollars. The Ministry of Agriculture and Irrigation held a meeting on the 23rd. July to stress the importance of paddy, beans, Ngwechi cotton and sugarcane as four major export crops in agriculture sector, the pillar for the national economy and cited targets for this year. Altogether (12) million acres will be placed under monsoon paddy, (5.4) million acres under beans, (700,000) acres under Ngwechi cotton, (225,000) acres under sugarcane. The ministry is providing sufficient water, seeds, other supplies and technical know-how with measures taken for cultivation of jute, rubber, corn, coffee and silk in addition to the four major crops. ******************************************* BOSTON GLOBE: A BIG SHIELD FOR TERROR IN BURMA July 7, 1997 By Dennis Bernstein and Leslie Kean Burma's reigning generals have pulled out all the stops in their quest to crush the country's pro-democracy movement, led by Nobel laureate Aung San Suu Kyi. On May 21, following months of murderous burn-and-destroy military actions against stubborn ethnic resistance in the country-side, the Burmese junta - known as the State Law and Order Restoration Council or SLORC - launched a new round of arrests against Suu Kyi's National League for Democracy party. The detention of over 300 party members was meant to prevent them from attending the May 27th annual celebration of their 1990 election victory, which was annulled by the ruling military. Despite such oppression, The Association of Southeast Asian Nations recently made the crucial decision to accept Burma as a member of its powerful economic and political alliance. In recognition of its own standing as a well-respected world body, ASEAN should now demand that the SLORC open up negotiations with the National League for Democracy and the ethnic nationalities. Burma's unconditional acceptance would further legitimize the junta and provide a shield for its continued brutalities and its expanding involvement in the global heroin trade. The Clinton Administration has finally taken action in an attempt to restrain the dictatorship by imposing sanctions on future investments in Burma. While Clinton’s actions are a step in the right direction, they do not prevent such major investors as Unocal, already established in Burma, from continuing to prop up the regime through the influx of foreign dollars. It is a troubling sign that the May arrests began the same day as the sanctions were imposed. As the current crackdown continues, many arrested are destined to join more than a thousand democracy activists now rotting in jails where they are routinely tortured, kept in solitary confinement, or chained to military dog cages. The case of U Win Tin, 67-year-old imprisoned journalist, translator and colleague of Aung San Suu Kyi, offers a poignant example of how the SLORC treats political prisoners. Win Tin was imprisoned in 1989 for influencing the thoughts of Aung San Suu Kyi and calling for widespread civil disobedience to resist imposed military rule. In November 1995, while suffering from a heart ailment and other debilitating medical conditions, Win Tin was thrown into a military dog-cell for two months and forced to sleep on cold concrete floors for passing on a letter to the United Nations about the mistreatment of prisoners in Burmese jails. In March 1996, Win Tin and 21 others were tried inside the prison in military-controlled courtrooms, without access to legal counsel. They were all given an additional seven years for writing poems, songs, and letters - often on shirts and plastic bags - that “contained facts that were unacceptable to the government," according to the trial judge Kyaw Htun. Despite such abuses, France, Singapore, and Thailand are falling over one another to expand investments in Burma and were all in favor of Burma's acceptance into ASEAN. The French oil giant Total has joined Unocal in a partnership with Burma's military controlled state oil company, Myanma Oil and Gas Enterprise, to build a $1.2 billion gas pipeline in southern Burma. Total and Unocal are facing two federal lawsuits alleging that they are benefiting from forced labor and other human rights violations along the pipeline route. An affidavit filed in April in support of the landmark case states that the state oil company "has been the main channel for money laundering" and that foreign investments in MOGE provide a "big shield" for Burmese military traffickers. Singapore leads the pack of eager investors with a $1.7 billion stake in Burma of which more than 50 percent is linked to one of Burma's biggest drug kingpins, according to the US State Department. When asked what would prevent Burma's admission into ASEAN, Malaysian Prime Minister Mahathir, a strong supporter of the SLORC, said if "something unusual happens...perhaps if the government slaughters five million people in Burma." And the way things are going, that may come to pass. Still there is strong support among the ASEAN nations for constructive engagement with Burma’s junta and no engagement with the elected National League for Democracy. In mid-June, Burma’s military rulers took retaliatory measures against key league activists who had opposed Burma’s membership in ASEAN. A five-minute video message by Suu Kyi, stating her party’s view on the impending decision, had been smuggled out of Burma and given to the ASEAN leaders. The SLORC arrested five of Suu Kyi’s closest associates for allegedly playing a role in the smuggling. Unrestrained, the SLORC will do whatever it takes to hold onto power. The larger world community must take swift action against the narco-traffickers who rule Burma and who have heaped terror on it's people. Dennis Bernstein is an associate editor of Pacific News Service. Leslie Kean works at the Burma Project USA in Mill Valley, CA. ***************************************** AWSJ: MASSACHUSETTS' BURMA LAW IS CHALLENGED July 23, 1997 By Gordon Fairclough, Staff Reporter Massachusetts, whose denizens made waves 224 years ago by dumping British tea into Boston harbor, is again roiling the waters of international trade. A Massachusetts statute barring government purchases from companies doing business in Burma has become the first state law challenged under expanded world-trade agreements that took effect in recent years. The European Union has lodged a complaint at the World Trade Organization in Geneva charging that the law violates the WTO's rules on government purchases. Formal consultations between the EU and the U.S. began Tuesday. Japan has asked to be included in the talks, too. Precedent May Be Set At stake are not just billions of dollars in contracts with Massachusetts government agencies. The case also raises questions about American states' continued ability to enact "grass-roots" foreign-policy measures such as the Burma law and more broadly about states' rights and sovereignty in an era of vastly expanded world-trade agreements. "It's not just another case," says Thomas A. Barnico, a Massachusetts assistant attorney general. "There's a distinct possibility it will set precedent for the handling of state laws by the WTO." The Europeans and other U.S. trading partners have long complained about states' purchasing policies. The WTO's government-procurement agreement, which went into effect last year, provides penalties for countries that violate the rules. With some exceptions, the accord bars governments from making buying decisions based on political rather than economic consideration. Thirty-seven U.S. states, including Massachusetts, have agreed to be bound by it. The Massachusetts' law has its roots in similar measures that targeted South Africa's apartheid regime in the 1980s. After the Burma law took effect in 1996. Apple Computer Inc., Eastman Kodak Co., Philips Electronics NV and Hewlett Packard Co. pulled out of the country, citing the law. But many other companies, including Caterpillar Inc., Sony Corp., Toshiba Corp., Siemens AG, Total SA and Unilever NV, remain on Massachusetts' black list. Lawmakers in Connecticut and Texas are also pushing Burma laws. A bill has been introduced in Massachusetts to limit government purchases from companies that do business in Indonesia. (The bill's sponsors say it's been modified to make it consistent with WTO rules.) Legislators in other states have also set their sights on Switzerland. because of the Nazi-gold scandal. "We're worried about this trend." says Charlotte Hebebrand, a spokeswoman for the EU's delegation in Washington. "There are a lot of these laws floating around out there." Once formal consultations on the Massachusetts law begin between the U.S. and the EU, the two sides have 60 days to resolve the dispute. If they cannot. the EU can take the matter to a WTO arbitration panel. "The EU has a pretty solid case," says Robert Stumberg, an expert on international agreements and state law at the Georgetown University Law Center. If the Massachusetts law is found to breach WTO rules, the trade organization could assess damages or allow the Europeans to level trade sanctions against the U.S. Any such sanctions could be aimed specifically at companies in Massachusetts. The U.S. could appeal any arbitration finding to another WTO panel. If it loses again. the U.S. could avoid sanctions by forcing Massachusetts to change its law. The Massachusetts legislature seems to have little interest in doing that. State Rep. Byron Rushing, who sponsored the bill, says that if the law is challenged. "we would defend ourselves." Protected Speech? If the U.S. sues the state, Massachusetts can argue that when it acts as a market participant - buying goods and services - it has the same rights as any other consumer to choose with whom it does business, says the state's Mr. Barnico. It could also claim that its decision to boycott companies with business in Burma, which is perceived to have a dismal human-rights record, is a form of constitutionally protected speech. For political reasons, however, the U.S. federal government is unlikely to file suit against Massachusetts. The U.S. has forbidden American companies from investing in Burma (a sanction that doesn't violate WTO rules), and it may not want to send a mixed signal about its stance toward the military regime there. A fight with Massachusetts could also erode state-government support for the WTO and. perhaps more importantly. other international agreements now under negotiation, such as the Multilateral Agreement on Investment, which will govern global investment rules. "We certainly don't believe the EU has started down a very constructive path," says Jay Ziegler, a spokesman for the U.S. Trade Representative's office. *************************************************** BKK POST: PTT FACES PRESSURE TO REVEAL CONTRACT July 24, 1997 Chakrit Ridmontri Legal move launched against gas pipeline Conservation groups, in collaboration with the Law Society of Thailand, are planning lawsuits to force the Petroleum Authority of Thailand to reveal details of its gas pipeline project contracts. "It's not a matter of gaining victory over the PTT, but the litigation procedure is our last resort to obtain more information about the project which the PTT has refused to reveal," Surapon Duangkhae, deputy secretary-general of Wildlife Fund Thailand, said yesterday. The WFT and several Kanchanaburi and Bangkok-based conservation groups are gathering information about illegal action taken by the PTT in building its 260-kilometre gas pipeline from the Thai-Burmese border at E-Tong village in Kanchanaburi to a gas-fired power plant in Ratchaburi. Mr Surapon said the PTT had yet to reveal its contracts with sub-contractors for the pipeline construction. Without the contracts being publicised, he said, it would be difficult for the public to monitor activities which could be harmful to the environment. The contracts would state in clear detail the size of forest land allowed to be cleared for the pipeline construction and penalties for any breach of contract, he said. Without such details, the public would not know if there was any breach of contract, or who should be held responsible for any damage to the environment and people, he added. Earlier this year, the PTT revealed an action plan to mitigate the project's environmental impact to Kanchanaburi residents and conservation groups. It later set up a provincial committee chaired by the Kanchanaburi governor to monitor and control its sub-contractors. But Mr Surapon accused the committee of working only to help the sub-contractors to proceed as planned. Warin Thiemcharas, of the Law Society of Thailand, said the planned legal action would involve two cases - one charging the PTT of having violated various environmental and forestry laws and the other accusing the PTT of having coerced villagers to give consent and sign contracts to allow the gas pipeline to go through their land. He said lawsuits would be filed after all relevant information could be compiled. Despite strong criticism, the PTT insists on going ahead with its pipeline project which is scheduled for completion next June when Burma is expected to begin delivering gas from its Yadana and Yetagun fields. ************************************************* THAILAND TIMES: ACTIVISTS CHALLENGE BURMA'S ASEAN ENTRY July 24, 1997 [abridged] AP MANILA: A dozen human rights activists on Wednesday protested the entry of Burma in the Association of Southeast Asian Nations, saying the military regime in Rangoon is illegitimate . The protesters, led by the Philippine branch of the Free Burma Coalition, staged a mock ceremony of Rangoon's acceptance by ASEAN in front of the gates of the Department of Foreign Affairs. An actor representing ASEAN and another wearing a military uniform representing Burma's military regime shook hands that were splattered with red dye to represent the repression of the pro-democracy movement in Burma. Other protesters wearing black T-shirts printed with the words "Burma: ASEAN ' s Shame" and the face of prodemocracy leader Aung San Suu Kyi watched as the actors shook hands in front of a small table with the flags of the other ASEAN nations. "The ASEAN and the international community should not forget that the SLORC is an illegitimate and brutal regime," said Max de Mesa a member of the Free Burma Coalition, using the acronym for Burma's junta, the State Law and Order Restoration Council. *********************************************** IMAGES ASIA: VIDEO DOCUMENTARY LAUNCH July 24, 1997 From: sitthipong "No Childhood At All" A video documentary by IMAGES ASIA/Thailand Available on VHS PAL and NTSC systems "I used to think about suicide every day" says a 14-year old former soldier in Burma. He was one of the lucky ones, he escaped. Other children in Burma today are not so fortunate. Oftentimes dragged off the street or out of schools and movie theaters, many young boys find themselves at the frontlines with no hope of escape. These children are catapulted into a war that they don't want to be a part of. Elsewhere in the world, the battle for most children is simply the struggle of growing up. Yet in Burma, most children grow up with no assurance that they will have a basic education, enough food, or a secure place to live. "No Childhood At All" is a stirring video documentary that portrays the unique crisis children face in modern day Burma. Children in Burma are often described as "the most precious human possession." This common saying has been repeatedly spurned by the country's ruling regime, known as the SLORC (State Law and Order Restoration Council). Currently children in Burma are more likely to be used as forced labor or forcibly recruited as soldiers then to attend school. Widespread human rights abuses perpetrated against Burmese children are typically worse against children of ethnic minorities. "No Childhood At All" is the latest video by Images Asia, and the second segment of a three part series. Set against a backdrop of student protests in December 1996, and including an up to date review of child rights in Burma, this timely video presents a troubling and stark view of the current situation for children in Burma. An exclusive interview with Daw Aung San Suu Kyi reveals her opinions on the tragic lack of concern for the well-being of Burma's children. Even more chilling is a look into the world of the child soldiers who were forcibly recruited by the SLORC. These shocking interviews with former child soldiers will take the viewer into the bleak reality of a conflicted country through the voices of its own children. Images Asia is a non-profit and non-governmental organisation which is currently in the process of completing a video series about the human rights and environmental situation in Burma, and accompanying study guides. Your support in purchasing this video as a lobbying and awareness-raising tool will enable Images Asia to conclude this important work. It will also enable other people to become interested and active about the human rights and environmental situation in Burma. To place an order please choose your method of delivery and send payment to Images Asia. Images Asia P.O. Box 2, Prasingha Post Office Muang, Chiangmai 50200 Thailand Fax (66-53) 406-155 or E-mail: sitthi@cm.ksc.co.th Price per video includes postage By Air: within 2 weeks North America..................US$45 Europe/Scan.............Pound 30 (UK) Asia/Pacific...................US$40 The payment can be in cashiers cheque to Images Asia, Thai Farmers Bank, Chang Peuk Branch, Muang Chiangmai 50300 Thailand. Thank you in advance *************************************************