The Burma-China Pipelines: Human Rights Violations, Applicable Law, and Revenue Secrecy

Description: 

"...This briefer focuses on the impacts of two of Burma?s largest energy projects, led by Chinese, South Korean, and Indian multinational corporations in partnership with the state-owned Myanmar Oil and Gas Enterprise (MOGE), Burmese companies, and Burmese state security forces. The projects are the Shwe Natural Gas Project and the Burma-China oil transport project, collectively referred to here as the ?Burma-China pipelines.? The pipelines will transport gas from Burma and oil from the Middle East and Africa across Burma to China. The massive pipelines will pass through two states, Arakan (Rakhine) and Shan, and two divisions in Burma, Magway and Mandalay, over dense mountain ranges and arid plains, rivers, jungle, and villages and towns populated by ethnic Burmans and several ethnic nationalities. The pipelines are currently under construction and will feed industry and consumers primarily in Yunnan and other western provinces in China, while producing multi-billion dollar revenues for the Burmese regime. This briefer provides original research documenting adverse human rights impacts of the pipelines, drawing on investigations inside Burma and leaked documents obtained by EarthRights and its partners. EarthRights has found extensive land confiscation related to the projects, and a pervasive lack of meaningful consultation and consent among affected communities, along with cases of forced labor and other serious human rights abuses in violation of international and national law. EarthRights has uncovered evidence to support claims of corporate complicity in those abuses. In addition, companies involved have breached key international standards and research shows they have failed to gain a social license to operate in the country. New evidence suggests communities in the project area are overwhelmingly opposed to the pipeline projects. While EarthRights has not found evidence directly linking the projects to armed conflict, the pipelines may increase tensions as construction reaches Shan State, where there is a possibility of renewed armed conflict between the Burmese Army and specific ethnic armed groups. The Army is currently forcibly recruiting and training villagers in project areas to fight. EarthRights has obtained confidential Production Sharing Contracts detailing the structure of multi-million dollar signing and production bonuses that China National Petroleum Corporation (CNPC) is required to pay to MOGE officials regarding its involvement in two offshore oil and gas development projects that, at present, are unrelated to the Burma- China pipelines. EarthRights believes the amount and structure of these payments are in-line with previously disclosed resource development contracts in Burma, and are likely representative of contracts signed for the Burma-China pipelines; contracts that remain guarded from public scrutiny. Accordingly, the operators of the Burma- China pipeline projects would have already made several tranche cash payments to MOGE, totaling in the tens of millions of dollars..."

Source/publisher: 

EarthRights International (ERI)

Date of Publication: 

2011-03-29

Date of entry: 

2011-03-29

Grouping: 

  • Individual Documents

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Language: 

English, Korean

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