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Subject: [theburmanetnews] BurmaNet News: March 22, 2000



________________ THE BURMANET NEWS _________________ 
        An on-line newspaper covering Burma 
_________________ www.burmanet.org _________________


March 22, 2000 
Issue # 1492


_______________________________________________________ 
NOTED IN PASSING: 


The European Union might soon decide to reinforce its 
common position towards Burma (Myanmar). Belgium will 
advocate the linking of tougher sanctions with a dialogue 
between EU and Asean.

L. Michel, Belgian foreign minister (See BIRMA GROEP: 
BELGIAN POSITION TOWARDS BURMA)


_______________________________________________________ 

[The hardware upgrade at the server hosting BurmaNet's website
has turned into an outage.  The web version of BurmaNet will
not be available until the host site is restored, which
should be within the next day or two.]



*Inside Burma

KRHG: TRANSLATIONS OF 300 WRITTEN ORDERS FROM REGIME UNITS
DEMANDING FORCED LABOR AVAILABLE ON WEB

KNU: SITUATION REPORT ON VILLAGES IN YADANA PIPELINE AREA


*International


LEGAL TIMES: BURMA SANCTIONS SCRUTINIZED

NPR: NINA TOTENBERG PREVIEWS BURMA SUPREME COURT ARGUMENTS

AP: JUSTICES QUESTION STATE SANCTIONS

REUTERS: BURMA CASE ARGUMENT

BURMANET: HEARING MAY DECIDE WHETHER UNOCAL CASE GOES TO TRIAL

SPDC: INSIGHTS INTO FUTURE DIRECTION OF MYANMAR FOREIGN POLICY

BIRMA GROEP: BELGIAN POSITION TOWARDS BURMA

SPDC: INSIGHTS INTO FUTURE DIRECTION OF MYANMAR FOREIGN POLICY

AUSTRALIAN BROADCASTING CO.: MYANMAR MAY RESTORE THAI FISHING LICENSES-MINISTER

USA TODAY: SOME LOCALITIES WANT TO DECIDE THEIR OWN FOREIGN POLICY


*Opinion/Editorials


*Other


REPORT ON TEACHING ETHNIC LANGUAGE IN BURMA

PD BURMA: CALENDAR OF BURMA RELATED EVENTS


___________________ INSIDE BURMA ______________________ 
     

KRHG: TRANSLATIONS OF 300 WRITTEN ORDERS FROM REGIME UNITS
DEMANDING FORCED LABOR AVAILABLE ON WEB

Karen Human Rights Group

March, 2000

A new KHRG Report is now available on the KHRG website at:
http://metalab.unc.edu/freeburma/humanrights/khrg/archive

The report, "SPDC and DKBA Orders to Villages: Set 2000-A" 
(report #2000-01), contains the direct translations of close 
to 300 order documents sent by SPDC military units and authorities 
to villages in Papun, Toungoo, Dooplaya and Pa'an districts 
of Karen State from late 1998 through December 1999, as well 
as some DKBA orders and a propaganda letter issued by the 
'Karen Peace Army'. It includes many orders demanding forced 
labour which were issued after the SPDC claims to have 'banned' 
forced labour in May 1999, as well as demands for intelligence, 
food, building materials and extortion money, restrictions on 
the movement and activities of villagers, and various other 
types of orders

_______________________________________________________ 



KNU: SITUATION REPORT ON VILLAGES IN YADANA PIPELINE AREA

KNU Mergui-Tavoy District Information Department
March 23, 2000

03/00

Situation of villages in Yadana natural gas pipeline area under 
gas pipeline's security troops.

Situation in Talineya village tract
9.3.2000
Talineya village tract is in Yebyu Township, Tavoy district in Tenasserim 
division. This village tract makes up with five villages namely Dauklauk 
village (50 households approx:), Pedaukgon village (approx: 60 households), 
Myaukpugon village (approx: 40 households), Talineya village (approx: 50 
households) and Kalonehta village (approx: 200 households) respectively.
In January 2000, Light Infantry Battalion 407's battalion commander Lt. 
Col. Htun Way demanded four baskets of paddy rice from every household 
within Talineya village tract without paying government set price. As 
villagers in Talineya village tract live on shifting plantation and 
some gardens, some people did not have sufficient rice for the year. 
People who do not have enough rice have to buy rice from other village 
tract with local price (750-800 Kyat/basket) and sent to LIB 407 
headquarters without failure because they were threaten to be taken 
action by the battalion commander.
That commander also demanded 500 beetle-nuts from every household 
in that tract for his battalion fund in the same January. Each 
beetle-nut price is 4-5 kyats locally. Those who do not have 
gardens or beetle-nut plantations have to buy from those who 
have beetle-nut plantations and send to battalion headquarters. 
He did the same as on paddy rice and pay no money for the 
beetle-nuts.
According to the field information LIB 407 commander did the same to 
other nearby village tracts under his responsible area, demanding 
paddy rice and beetle-nut without paying anything.
People in that area have to pay for military porter fees every 
month, which cost 1000 kyats per month. Those who unable to 
pay, have to serve as frontline porter. Though the authorities 
said, they will pay 25000 kyats to those who serve as frontline 
porter, actually those who have to server as frontline porters 
got only 10000 kyats. The paid money was from the fund the SPDC 
authorities collect 1000 kyat/month/family.
As the dry season arrived, people from these village tracts were 
forced to work as plantation clearing workers in LIB 406 and 
407's rubber plantations and cashew-nut plantations. This year 
more than those regular works LIB 407 ordered Talineya tract 
villagers to clear a new 100 acres for rice plantation. Those 
who fail to go must paid 300 kyats for substitution.

Order without material

In the middle of February 2000, Yebyu Township SPDC office 
ordered Kanbauk administration to implement paved road within 
Kanbauk village. Kanbauk administration ordered all the resident 
within Kanbauk to provide road construction material (boulders 
& chippings) 100 cubic feet for every 3 households within the 
fixed date 29.2.2000 to where they were ordered to send. Some 
families have no time to collect and send those materials. 
Such people have to pay for 3500 kyats jointly with other 2 
similar families to fulfill their quota. Kanbauk administration 
has requested TOTAL Company to supply the road construction 
with "Tar or bitumen". Yebyu township administration provided 
only order to Kanbauk to implement paved road but no fund no 
materials for the construction. It will need labour and 
machineries if necessary materials were ready for road 
construction. Therefore, people in Kanbauk are worrying 
that they may have to serve as road construction labour 
and machineries.
People in Kanbauk have to pay for security and development 
fund every month. Every night at every town quarters 3 persons, 
have to stand sentry for fire protection in terms. Those who 
fail in their term have to pay 300 kyat for substitution. 150 
kyats for development fund must be paid every month for every 
family.
Thought they have to serve as sentry in every town quarters 
they could not stand against the military patrols from IB 273 
who take security duty for Yadana natural gas pipeline. The 
troop gave reasons for their task and entered into the town 
quarters and stole domestic animals, cloths on drying lines 
and households utensils very often.

SPDC's civilian based business

Oo Aung Khin s a cattle trader from Pyatha village in Nabulel 
village tract (Yebyu townsyhip, Tavoy district in Tenasserim 
division). On 27.2.2000, he unfortunately met a military column 
lead by Major Aung Naing from Light Infantry Battalion 406 on 
between Sintha and Dauklauk village near Ye-Tavoy railways 
while he was heading for trading post on Thai-Burma border 
with 55 cattle.
Aung Naing called him and told that he (Aung Naing) has 
authority to capture or release him any time, but if Oo 
Aung Khin offers 20 cows and 10 bullocks for LIB 406 
animal husbandry project, he (Aung Naing) will release 
him with the rest of the animals. Hoping to be released 
with the rest of his cattle Oo Aung Khin had to offer 
30 cattle to the military officer. According to the 
market price 20 cows cost 450,000 kyat and 10 oxen 
cost 600,000 kyat respectively. That was why after 
he sold out the rest 25 cattle he lost about one 
million kyats
LIB 406 battalion headquarters located 25 miles in 
the north of Tavoy and set up animal husbandry ranch 
for battalion fund raising business. Since they are 
started this business they wandered in their responsible 
area and confiscated cattle from the villagers in 
wicked ways. In that way, recently the number of 
their animal rose rapidly up to 300 and still 
increasing amazingly.



     
___________________ INTERNATIONAL _____________________ 



LEGAL TIMES: BURMA SANCTIONS SCRUTINIZED

By Tony Mauro
Wednesday, March 22, 2000

Several Supreme Court justices seemed sympathetic Wednesday toward a Massachusetts anti-Burma law
 that the state defends as a constitutional way to voice its objections to human rights abuses abroad.


But by the end of the hour of arguments, it appeared that Solicitor General Seth Waxman had turned 
the Court back toward his view that the state law is a "considerable source of irritation" that conflicts
 with national foreign policy and should be struck down.


"Can we have 50 states passing resolutions denouncing different countries?" Justice Anthony 
Kennedy asked at one point. His answer seemed to be no. But Justice Stephen Breyer said 
the state law, which penalizes companies that do business with Burma when the state contracts 
to purchase goods and services, has an "obviously worthwhile objective." Justice Sandra Day 
O'Connor also noted that many states enacted laws against investment in South Africa in the 
1980s without objection from the federal government.


The case, Natsios v. National Foreign Trade Council, is a clash between two principles that
appeal to the Court's conservative majority: strengthening the hand of states on one hand, 
and underscoring the national imperative to speak with one voice to foreign governments
 on the other.


Assistant Massachusetts Attorney General Thomas Barnico ably appealed to the Court's
 soft spot for states' rights, even arguing that the framers of the Constitution "knew [state] 
boycotts well and held them dear."


When Justice David Souter asked why a simple resolution passed by the state legislature 
condemning Burma would not suffice, Barnico said, "I'm not sure that would clear our 
conscience." Having dealings with the oppressive Burmese military regime, Barnico 
said, is "so contrary to our Constitution."


Barnico also headed off trouble when he acknowledged that Congress could
prohibit laws such as the one passed in Massachusetts if it didn't want states
 getting involved in foreign policy. But in instances where Congress has not 
explicitly pre-empted state action, he argued that states are free to shape their 
purchasing policies as they please. "Congress has the pre-eminent voice" in
 foreign policy matters, Barnico said, but that does not preclude states from 
speaking out.



Justice O'Connor said that Congress has spoken on the subject of Burma, 
passing a law in 1996 that restricts new investments in that nation. But Barnico 
argued that the federal law "says nothing about state and local laws," even though
 it knew it could prohibit them. He repeatedly cited congressional support for similar
 state laws that proliferated in the 1980s to protest apartheid in South Africa.



Justice Antonin Scalia was Barnico's best friend during the arguments, offering 
helpful asides and asking his opponent tougher questions. Timothy Dyk of the D.C. 
office of Jones, Day, Reavis & Pogue argued for the trade council, asserting that 
states may not enact laws like the one in Massachusetts if they have the purpose 
of affecting the domestic politics of other nations. Dyk noted that Massachusetts 
has $2 billion in purchasing power, but said that it should not be allowed to use 
its financial clout to be an actor on the international stage.


"The Constitution was designed to give foreign policy to the national sovereign," 
Dyk said.


Dyk ran into some trouble when he suggested under questioning that states might 
run afoul of the Constitution even if they only passed resolutions condemning 
policies in Burma without economic sanctions. That did not sit well with justices 
who seemed to favor letting states at least voice their views on foreign policy 
matters.


Waxman was more forceful in his criticism of the state law, asserting that it had 
created an embarrassing "spectacle" because it conflicted what he described
 as a "middle path" policy the Clinton administration had adopted toward Burma, 
now known as Myanmar.


"If this is indeed a big deal, Congress could pass a law," Scalia said.

Justice O'Connor interjected, "Congress did pass a law."

Waxman agreed, but said Congress should not have to pass a law every time it 
wants to pre-empt state action on foreign policy matters. Sometimes diplomacy 
is best conducted quietly, Waxman said, and forcing a noisy congressional debate
on every nation that some locality objects to would create a "wholly unnecessary 
irritant."


Waxman's "one voice" argument may have carried the day. But from the oral
 arguments, it seemed that several justices at least would like to vote in support 
of the Massachusetts law.


_______________________________________________________ 


AP: JUSTICES QUESTION STATE SANCTIONS

March 22, 2000
          
WASHINGTON (AP) _ More than a decade after the South Africa 
boycotts, some Supreme Court justices questioned Wednesday whether 
individual U.S. states can refuse to buy from companies doing 
business in countries known for human rights abuses. 
A foreign trade group and the Clinton administration argued that 
Massachusetts unlawfully meddled in U.S. foreign policy by limiting 
state purchases from companies that do business in Myanmar, also 
known as Burma. 

Some justices appeared to agree. 

Justice Ruth Bader Ginsburg asked, ``For Massachusetts to go it 
on its own when the United States is saying we want to get together 
with our world neighbors'' on a Myanmar policy, ``isn't there a 
clash?'' 

Justice Stephen G. Breyer wondered if states also could enact 
purchasing policies intended to influence the actions of other 
states. That could result in ``a kind of nightmare'' or ``chaos,'' 
he said. 

The lawyer for Massachusetts, Thomas A. Barnico, told the 
justices that states have the right to withhold ``tax funds from 
the indirect support of brutal regimes abroad.'' The Constitution's 
framers ``knew boycotts well'' and did not bar states from taking 
such actions, he said. 
The case is another test of the balance of power between states 
and the federal government with justices discussing some of the 
same issues that have come before them in previous hearings this 
year. 

Lawyer Timothy B. Dyk, arguing for the National Foreign Trade 
Council, said the 1996 Massachusetts law unlawfully interferes in 
U.S. foreign policy. 

Congress passed more limited sanctions against Myanmar later in 
1996, and that bars states from trying on their own to influence 
that country's government, Dyk said. 
However, Barnico contended Congress' 1996 Myanmar sanctions did 
not bar states from taking their own actions. 
Justice Sandra Day O'Connor noted that a number of states 
boycotted companies doing business in South Africa during the 1980s 
during the apartheid era. 

``These were widespread practices by states then, were they 
not?'' she said. ``The very purpose of it was to change something 
going on in the South African government.'' 
Dyk contended those boycotts were unlawful. 

Solicitor General Seth Waxman, supporting the foreign trade 
group, said Congress actually authorized the South Africa boycott. 
But he added that because Congress has adopted its own policy on 
Myanmar, Massachusetts' policy amounts to interference. 
Justice Antonin Scalia suggested that Massachusetts' law could 
be considered a neutral measure that says, ``we don't buy from 
anybody that violates human rights.'' 

Members of the Free Burma Coalition rallied outside the Supreme 
Court building during the hour-long argument. 

``This is the modern-day equivalent of the Boston Tea Party,'' 
coalition lawyer Tom Higdon said. ``We are saying we care about 
human rights and we will not have corporations or the (European 
Union) dictate to us what products to buy and who can buy them.'' 
More than a dozen city governments also have enacted some type 
of trade restrictions regarding Myanmar. Some have adopted similar 
limits relating to China, Cuba and Northern Ireland. 
The military has ruled Myanmar, one of the world's poorest 
countries, since 1962. In 1988, the military gunned down thousands 
of protesters during a crackdown on a pro-democracy uprising. 

***
BurmaNet adds:
To read the briefs in the Supreme Court case, go to:
http://washingtonpost.findlaw.com/docket/mardocket.html#99-474

_______________________________________________________ 


NPR: NINA TOTENBERG PREVIEWS BURMA SUPREME COURT ARGUMENTS

March 22, 2000

To listen to this piece in RealAudio, go to:
 http://www.npr.org/ramfiles/me/20000322.me.10.rmm 

NPR's Nina Totenberg previews today's arguments in a Supreme Court 
case that tests whether state and local governments can refuse to buy 
goods and services from companies that do business with countries 
with bad human rights records. The case involves a Massachusetts
 law that's directed against Burma, also known as Myanmar. One 
side argues that the case is about state autonomy. The other counters 
that the case is about the federal government's ability to speak on
 foreign policy with one voice. (7:20)



_______________________________________________________ 


REUTERS: BURMA CASE ARGUMENT


WASHINGTON, March 22 (Reuters) - Debating foreign affairs, 
human rights and state sovereignty issues, a number of U.S.
Supreme Court justices on Wednesday questioned whether
Massachusetts may limit purchases from companies that do
business with Myanmar. 

During arguments, several justices appeared sceptical about
the constitutionality of the state law, which was adopted in
1996 because of widespread human rights abuses by the military
regime in the southeast Asian nation formerly called Burma.
A decision in the case, expected by the end of June, could
have far-reaching implications as a number of other states or
cities adopted similar measures in the 1980s and 1990s involving
Myanmar and other foreign nations.

The ``selective purchasing law'' directs state officials to
publish a list of companies doing business with Myanmar, and
restricts the ability of those firms to sell goods and services
to Massachusetts agencies.

The law effectively barred firms that do business with
Myanmar from doing any business with Massachusetts and its state
agencies by adding 10 percent to any bids received from such
companies.

POTENTIAL NIGHTMARE

Justice Stephen Breyer asked the lawyer representing
Massachusetts whether states also could enact purchasing
policies intended to influence the actions of other states. That
could result in a ``nightmare'' or ``chaos,'' Breyer said.
Justice Sandra Day O'Connor questioned whether Massachusetts
could adopt a similar law against another U.S. state if it did
not like that state's policy on the death penalty.
Justice Ruth Bader Ginsburg asked, ``For Massachusetts to go
it on its own when the United States is saying we want to get
together with world neighbours'' on a Myanmar policy, ``isn't
there a clash?''

She said the authors of the U.S. Constitution wanted the
U.S. government to ``speak with one voice'' on foreign affairs.
During the 1980s, many states and cities boycotted companies
that did business in South Africa because of racial apartheid in
that country.

Chief Justice William Rehnquist asked Massachusetts lawyer
Thomas Barnico when states previously took such positions
involving foreign governments.

When Barnico replied that it was in colonial America, before
the U.S. Constitution had been adopted, Rehnquist said, he did
think that ``was a very satisfactory basis for analysis.''
U.S. SETS TRADE POLICY

Justice David Souter said Massachusetts could condemn the
Myanmar regime, but that it would be up to the U.S. government
to go beyond an expression of views to regulating trade or a
boycott. ``Wouldn't that be a sensible way?'' he asked.
Barnico argued that states have the right to take such trade
actions aimed at ``brutal regimes abroad.''
Representing the Clinton administration, Solicitor General
Seth Waxman said the law should be struck down because it
interferes with the federal government's exclusive power to set
foreign policy and regulate foreign commerce.
He said a federal law providing for economic sanctions
against Myanmar was adopted three months after the state law,
and it specifically rejected the Massachusetts policy.
Justice Antonin Scalia seemed the most sympathetic toward
the law. He said that if Congress did not like the state law, it
could pass a law that explicitly stops ``states from running off
with foreign affairs powers.''

The law was challenged by the National Foreign Trade
Council, a group that represents U.S. businesses.
``This case is without question the most important foreign
affairs case to come before the Supreme Court in decades,''
Frank Kittredge, the president of the group, said.

_______________________________________________________ 





BURMANET: HEARING MAY DECIDE WHETHER UNOCAL CASE GOES TO TRIAL

March 23, 2000

A hearing will be held on April 4th at the Federal Court 
in Los Angeles to decide Unocal's motion for summary 
judgement in two lawsuits by Burmese villagers who 
say they were subjected to forced labor and other 
abuses because of the company's Yadana pipeline.

The summary judgement hearing is the end of the second 
of the three main phases in a civil trial in the US 
and tests whether there is enough of a factual dispute 
between the litigants that reasonable people could 
disagree.  If reasonable people could disagree, the 
case would be slated for a jury trial, which is the 
third and final phase.

The first phase of the litigation, which tests 
only whether the plaintiffs would have a legal 
claim assuming all of their factual allegations 
were true, was decided in favor of the Burmese 
plaintiffs.  By winning the first phase, the 
plaintiffs were entitled to civil discovery and 
the parties have spent the last year and a half 
taking testimony from witnesses and exchanging 
copies of documents related to the construction 
of the pipeline.

Richard Paez, the Federal Judge hearing the case, 
has been promoted to the Court of Appeals and will 
likely turn the case over to another lower court 
judge after deciding the summary judgement motion.


_______________________________________________________ 



BIRMA GROEP: BELGIAN POSITION TOWARDS BURMA

Belgian position towards Burma

In a recent question in parliament by Mrs. M. Gerkens 
(Ecolo/Agalev - the Green government party) on the Belgian 
position towards sanctions on Burma the foreign minister 
L. Michel answers the following:

"...I am fully aware of the current situation in Burma 
(Myanmar) where the human rights violations are terrible. 
My political family has continuously supported Mrs. Aung 
San Suu Kyi. Furthermore, the European liberals have had 
the honour to grant her the  Sakharov Price in 1990, one 
year before she received the Nobel Peace Price.

Actions of our country have always been taken in cooperation 
with our other European partners. We will continue this 
policy as I feel a common position is much more efficient 
than any single initiative. 15 EU countries are currently 
redefining their  position towards the regime in Rangon.

The European Union might soon decide to reinforce its 
common position towards Burma (Myanmar). Belgium will 
advocate the linking of tougher sanctions with a dialogue 
between EU and Asean. This dialogue was interrupted about 
three years ago because of the Burmese issue. Belgium 
wants to clearly  show that it makes a clear distinction 
between Burma (Myanmar) and the other Asean partners."


Regards,

Michel Beankens - Kris Deckers

Birma Groep/Groupe Birmanie (KWIA)


_______________________________________________________ 


     
SPDC: INSIGHTS INTO FUTURE DIRECTION OF MYANMAR FOREIGN POLICY

NEWS & VIEWS FROM MYANMAR

WEEKLY BRIEF FROM MOFA. YANGON, MYANMAR

 Vol.2 . 16 March 2000  . No.11

Insights into future direction of Myanmar Foreign Policy

            The first round-table discussions on Myanmar Foreign Policy at
the first Meeting of heads of Mission of Myanmar Embassies, Permanent
Missions and Consulates-General of the Ministry of Foreign Affairs was held
at the Wunzin Minyaza Hall of the Ministry on 15 March. Speaking on the
occasion, Minister for Foreign Affairs U Win Aung noted that the discussions
were the first ever the Ministry had arranged in its existence since its
inception on 17 March 1947. He also pointed out that it was timely to review
the foreign policy direction in the changing world situations when Myanmar
along with the others entered a new century, and he believed that the
discussions would bring about important insights into the future direction of
Myanmar Foreign Policy.

            Papers submitted at the discussions included the emerging
international situation and implications for Myanmar; the future of regional
and inter- regional cooperation in Southeast Asia; enhanced engagement in
multilateral forums; the role of trade and economic development; human
resources development; and South-South cooperation and North-South dialogue.


_______________________________________________________ 


AUSTRALIAN BROADCASTING CO.: MYANMAR MAY RESTORE THAI FISHING LICENSES-MINISTER

ABC News, 20 March 2000
Myanmar may restore Thai fishing licences-minister

YANGON, March 20 (Reuters) - Thai Agriculture Minister  Pongpol Adireksan
said on Monday Myanmar was considering  restoring fishing rights for Thai
trawlers suspended since a  siege at Yangon's Bangkok embassy last year.
Pongpol, heading a 20-member Thai delegation to neighbouring  Myanmar, said
he had held talks on fishing and forestry with  counterparts in Yangon.
"The Myanmar side has agreed in principle to restore the  rights of Thai
trawlers," he said. "They are considering  restoring the licences after
sorting out some technical  matters."

The technical matters he referred to were apparently  complaints from the
Myanmar side about abuses of fishing  licences and overfishing by Thai
trawlers.

"They not only use very effective modern fishing gear, but  also cheat us by
using one licence for more than a trawler,"  one Myanmar trawler owner told
Reuters.

Asked about the concerns, Pongpol said Thailand and Myanmar  had agreed to
set up a monitoring system to check trawlers.
He also said the two sides agreed to continue trade in logs  and sawn
timber, which has drawn criticism from environmental  activists.
Myanmar authorities cancelled fishing licences for Thai  trawlers in October
1999 after the Thai government allowed five  anti-Yangon activists who
seized the Myanmar embassy in Bangkok  for 24 hours free passage to a border
sanctuary.

The ban has cost the Thai fishing fleet tens of millions of  dollars.
Pongpol said he was satisfied with his visit.
"I always see things from the bright side and I believe our  visit will pave
the way for further cooperation. Myanmar is an  important neighbour for
Thailand."


_______________________________________________________ 



USA TODAY: SOME LOCALITIES WANT TO DECIDE THEIR OWN FOREIGN POLICY


22.03.2000

Some localities want to decide own foreign policy

The Supreme Court will decide by July whether trade bans by states and
cities are constitutional

By Richard Willing
USA TODAY

AMHERST, Mass. -- No outsiders complained when this town's elders banned
nuclear power plants within its wooded borders. 

When the health board outlawed smoking in bars and restaurants, no
protesters showed up to puff or picket.

And when the high school canceled this spring's production of ''West
Side Story'' -- insensitive to Puerto Ricans, it was said -- everyone
kept it cool, really cool. Parents and students met in small groups to
discuss diversity.

But when Amherst pulled its contracts from companies doing business with
Nigeria's military junta, a line was crossed. Threatening letters
arrived from a trade group representing 500 of the USA's largest
companies. The companies were suing the state of Massachusetts, which
had approved similar sanctions against Burma. Amherst, fearful that its
own laws were next, filed a brief supporting the state.

The case has reached the Supreme Court, which will decide by July
whether trade bans such as Amherst's and a similar restriction by the
state of Massachusetts violate the Constitution by using powers reserved
to the federal government. The key issue: Can a state or even a small
town have its own foreign policy?

The case's impact will be felt far beyond Massachusetts' borders, in
dozens of small towns, in large cities such as New York and Los Angeles
and in states from Vermont to California, where laws target alleged
human rights violators. Supporters call it ''community-based democracy
at its best.''

The court will hear arguments today. ''We discovered that big business
will pretty much leave you alone, if they think you are just out there
making statements,'' says Lois Barber, a longtime Amherst activist who
pressed for the ban on Nigerian contracts. ''When you start to cost them
money, suddenly you're speaking their language.'' 

Long history

The case, Natsios vs. National Foreign Trade Council, represents a
collision between the federal government's power to make foreign policy
and a history of local sanctions that goes back to the Boston Tea Party.

On one side are the massed guns of Western capitalism, all opposed to
the idea that a local government can pursue its own foreign policy: the
federal government, the 15 nations of the European Union, trade groups
representing more than 6,000 companies and a bipartisan group of three
dozen former foreign policy officials led by former president Gerald
Ford.

On the other, supporting local and state bans on trading with
disreputable regimes: 78 members of Congress, 16 governments, including
Amherst, 22 state attorneys general and 66 non-profit groups. 

At stake are billions in trade losses if local laws and the
Massachusetts ban are upheld, the companies say.

The court's decision will be felt most acutely along the ''Birkenstock
belt.'' These are three dozen left-leaning towns from Cambridge, Mass.,
to Berkeley, Calif., that since 1992 have passed laws banning investment
in or trade with companies doing business in Nigeria, Burma, Cuba,
Switzerland and Tibet. But dozens of laws in much larger locales, such
as New York City, Philadelphia, Los Angeles, could also be affected.

Companies' cost

The trade council says upholding the sanctions could cost American
companies and eventually make it impossible for them to compete with
foreign rivals who face no such sanctions. The precedent, they say,
could result in towns and states curtailing trade with any country that
offends local voters. And the federal government says the Massachusetts
law and its local counterparts undercut its policies on rogue nations.

''There's a line out there between what states (and local governments)
can legitimately do and what belongs to the federal government. Now the
question is: Where is it?'' says Richard Bilder, international law
professor at the University of Wisconsin.

The case emerged from the 1996 Massachusetts law that added a 10%
surcharge to bids from companies doing business with Burma, also known
as Myanmar. The South Asian country is run by a military junta that,
according to the U.S. State Department, uses child labor in factories
and keeps the nation's elected leader under house arrest. 

'Carbon copy'

''It was a carbon copy of what we'd done, with 'South Africa' scratched
out and 'Burma' written in,'' says Simon Billenness, a Boston-based
investment adviser who leads the New England Burma Roundtable. ''We
thought, 'No problem.' ''

He was wrong. The National Foreign Trade Council, a Washington,
D.C.-based group representing 500 American companies doing business
abroad, filed suit. The Massachusetts law jeopardized $2 billion a year
in contracts, but the precedent was even worse, council president Frank
Kittredge says.

''Our members -- Boeing, Caterpillar, GE -- were competing around the
world for business and getting run down by competitors,'' Kittredge
says. ''They'd tell a country: 'How do you know you won't get sanctioned
by some place in the U.S.? How would you get parts? How would you get
the (American) company to honor its contracts?' ''

The trade group had decided not to sue over South African sanctions, in
part, Kittredge says, because the sanctions had high visibility in
America. Burma was a different matter.

In 1998, a federal court in Boston found the Massachusetts ''Burma law''
violated the federal government's constitutional power to conduct
foreign policy. Last year, an appeals court agreed and added two more
reasons for striking down the Massachusetts law: It violates federal
power to regulate commerce, the court said, and a more recent federal
law that punishes Burma by blocking new investment supersedes it.

Within days of its lower court victory, the trade group sent letters to
about 30 local governments across the country, including Amherst, that
had adopted similar measures. The message: Drop your laws or meet in
court. 

''It really took the wind out of us,'' says Lee Holt, an octogenarian
who with his wife, Margaret, has held an hourlong ''peace vigil'' on the
town green each Sunday for the past 20 years. 

Amherst, a picturesque town of 35,000 about 90 miles west of Boston,
already had dropped companies that did business with Nigeria. A law
aimed at Burma was in the works.

The town, founded in 1759 has a tradition of protest dating to Shays'
Rebellion, an armed tax protest by Revolutionary War veterans in 1786.
In 1974, it became one of the first U.S. towns to drop stocks of
companies doing business in South Africa from its investments, in
protest of racial separation known as apartheid. At the Supreme Court,
the trade group and its allies are relying on arguments that won over
the lower court judges.

''The Constitution was designed to place exclusive control of foreign
affairs in the hands of the federal government,'' the business council
argues in its brief. ''The Burma law was designed to, and does, conduct
Massachusetts' 'own little version of foreign policy.' ''

Not so, counters Thomas Barnico, the state's assistant attorney general.
The local and state laws allow communities to apply a ''moral standard''
to their spending decisions.

The Supreme Court's past decisions cut both ways. In 1968, the court
struck down an Oregon law that prevented citizens of ''Iron Curtain''
countries from collecting inheritances from American relatives unless
they could show that communist governments would not confiscate the
money. But 20 years earlier, the court had upheld a similar California
statute.

Decision's scope

Scholars of the current case think today's Supreme Court is likely to
strike down some of the local laws.

The key is how far the court's decision reaches, says Vicki Jackson,
professor at Georgetown University Law Center. A broad decision, she
says, could affect ''Buy American'' laws and stock divestment as well as
state and local purchasing laws. But local laws may survive if the court
rules only that the federal Burma law takes precedence over the
Massachusetts measure.

Back in Amherst, other issues have captured residents' attention. A
proposed public parking structure is the subject of lively debate. The
Holts' young assistant has gone off to college, making it harder for
them to keep their Sunday vigils. And a group from nearby Greenfield is
trying to persuade the town to drop its name, which honors 18th century
Indian fighter Lord Jeffrey Amherst.

''Sometimes,'' says Hill Boss, a town board member, ''political
correctness can run amok.''



US STATE AND LOCAL GOVERNMENTS WITH SANCTIONS ON BURMA

Investment

Burma: Los Angeles, 1998.


City and state contracts

Burma: Ann Arbor, Mich., 1996; Berkeley, Calif., 1995; Boulder, Colo.,
1996; Brookline, Mass., 1997; Cambridge, Mass., 1998; Carrboro, N.C.,
1996; Chapel Hill, N.C., 1997; Madison, Wis., 1996; state of
Massachusetts, 1996; Newton, Mass., 1997; Portland, Ore., 1998; Quincy,
Mass., 1997; San Francisco, 1995; Santa Monica, Calif., 1995;
Somerville, Mass., 1998; Takoma Park, Md., 1996; state of Vermont, 1999;
West Hollywood, Calif., 1997.


Investment and contracts

Burma: Alameda County, Calif., 1996; New York City, 1997; Oakland, 1996;
Palo Alto, Calif., 1997; Santa Cruz, Calif., 1997.

     



     
_______________________________________________________ 







_______________________ OTHER _________________________
          

REPORT ON TEACHING ETHNIC LANGUAGE IN BURMA

A copy of the initial report of the "Teaching of Ethnic Language and the
Role of Education in the Context of Mon Ethnic Nationality in Burma" can be
read on the web: http://www.students.ncl.ac.uk/thein.lwin/

I will be happy to get your comment.
Regards
TL


_______________________________________________________ 


PD BURMA: CALENDAR OF BURMA RELATED EVENTS


March 22nd		: Rally for the Massachusetts Burma Law, Supreme Court Building, USA.

March 20th - 28th April	: 56th session of the Commission on Human Rights, Geneva

March 25-26th 		: 4th  ASEAN Finance Ministers Meeting, Bandar Seri Begawan

March 27th 		: Resistance Day in Burma

March 31 - April 3rd 	: Free Burma! A Conference on Freedom, Human Rights, and Activism,  Washington DC. 

Contact: Jeremy@xxxxxxxxxxxxxxxxxxxxxx

April 29-30th 		: Nordic Burma Studies Group, Göteborg

April 30th - May 6th  	: 103rd Inter-Parliamentary Conference, Amman

May 1-5th 		: World Conference Against Racism, Racial Discrimination and Xenophobia 

May 24th 			: Ne Win's birthday (1911)

May 27th			: Anniversary of the 1990 election

May 30th- June 15th	:88th Session of the International Labour Conference, Geneva

June 5-9th 	 	:Beijing +5 Review, UN, New York

June 6th 			:278th Session of the Governing Body, Geneva

June 18th 		: Fundraising benefit at the Royal Court Theatre, London

June 19th 		: Aung San Suu Kyi's birthday and Burmese Women's Day

June 24th 		: Burma Solidarity Meeting, Dublin

July 7th			: Commemoration of bombing of student union and shooting in 1962 

July 19th 		: Martyrs Day (Official)

July 24-25th 		: 33rd  ASEAN Ministerial Meeting (AMM), Bangkok

July 27th 		: 7th ASEAN Regional Forum (ARF), Bangkok

July 28-29th 		: 33rd ASEAN Post Ministerial Conferences (PMC), Bangkok

August 8th 		: 12th Anniversary of the 8-8-88 uprising 

September 18th 	: Anniversary of SLORC Coup, 1988

September 24th 	: National League for Democracy formed 1988

October				: 104th Inter-Parliamentary Conference, Jakarta

November 2-17th	:279th Session of the Governing Body and its committees, Geneva



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