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Burma Related News - June 12, 2002.



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BURMA RELATED NEWS - JUNE 12, 2002.
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HEADLINES
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AFP - Aung San Suu Kyi urges Myanmar people to persevere for democracy
AFP - Myanmar human rights abuse case against US oil giant to go ahead
Seattle Times - Court favors Burmese refugees in rights ruling
AP - Los Angeles judge orders Unocal to trial over alleged abuses in Myanmar
The Star - Singapore foils illegal entry by five foreigners
The Nation - 'We didn't shell Burma'
The Nation - 'Common Burma strategy vital'
Bkk Post - Isoc, police at odds over motive, KNU captain offers help
Bkk Post - Analysts call for clear-cut policy
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Wednesday June 12, 4:02 PM
Aung San Suu Kyi urges Myanmar people to persevere for democracy
(AFP) - Myanmar's pro-democracy leader Aung San Suu Kyi urged a crowd who gathered to see her in eastern Yangon to be responsible and persevere in their fight for democracy.
 
In an impromptu speech to some 1,000 people outside the National League for Democracy (NLD) office in the township of Taketha, Aung San Suu Kyi said that the arrival of democracy would depend on the people themselves.
 
"My father once said a free nation deserves democracy. I also firmly believe that only democracy can guarantee freedom for its people. But as I have said repeatedly, with rights and privileges comes responsibility," she told the crowd from the NLD office balcony.
 
Aung San Suu Kyi's father, General Aung San, is hailed as the father of Myanmar's independence. He was assassinated in 1947, just months before the country achieved independence in 1948.
 
"So you must be not only spiritually and mentally strong but you must also be responsible people, because one day it is the people who will be ruling the country, and you must be prepared spiritually and mentally for this time," she said, as usual wearing traditional dress and flowers in her hair.
 
"You ask me how soon are we going to get democracy? Well, how soon really depends on how much desire you have for it. You must persevere and this perseverance must be based on desire," she added.
 
Aung San Suu Kyi has been engaged in talks aimed at national reconciliation with the country's ruling military regime since October 2000, one month after she was placed under house arrest.
 
She was released on May 6 this year.
 
The leader also commended chairman of the NLD office, U Soe Myint, who was jailed four years ago. The 62-year-old remains in Insein jail along with three youths from Taketha town.
 
"This is one sign that this is one of the townships that have been very active," she said.
 
The visit to Taketha was the Nobel peace laureate's fifth visit to a Yangon township since her release from house arrest. She is yet to make any visit outside Yangon, which observers believe would be a true test of the military regime's commitment to allow her freedom of movement.
 
She visited the NLD office to assist in reorganising its youth committee.
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Wednesday June 12, 9:31 AM
Myanmar human rights abuse case against US oil giant to go ahead
 
(AFP) - A lawsuit claiming US energy giant Unocal was complicit in human rights abuses committed by Myanmar's military regime will go ahead in California in September, lawyers said.
 
A Los Angeles judge made the ruling on the six-year-old case Monday, according to attorneys for villagers who lived near a disputed pipeline built with "slave labour" to carry natural gas from Myanmar to neighbouring Thailand.
 
"This is a huge victory for us and means that the heart of our long-running case against Unocal will go to a jury and be heard in open court for the first time," said civill rights lawyer Paul Hoffman, an attorney for the villagers.
 
"We hope that this will serve as a message to Unocal and other firms that deal with regimes engaged in human rights violations that if you do business with the devil you can be held responsible for the devil's work."
 
The lawsuit, originally filed in 1996, claims Unocal was partly responsible for human rights violations committed by Myanmar's military junta during the construction of the Yadana pipeline commissioned by the company and its joint venture partner, the Myanmar government.
 
They have long alleged Unocal -- and its partners including France's Total oil -- were aware forced labour was used in Myanmar before they agreed to build the pipeline, but went ahead with the project anyway.
 
The villagers claim that some of them were forced to help build the pipeline while others suffered abuse -- including sexual assaults -- from military officials offering "security" to the lucrative energy scheme.
 
They claim one infant died after "being kicked into a cooking fire" by Myanmar military personnel.
 
The airing of the case of John Doe et al v. Unocal Corp. in California Superior Court will mark the first time such claims against a US corporation's overseas conduct would been heard in a US court, Hoffman said.
 
"We presented the court with evidence that the Burmese (Myanmar) military forced villagers to perform hard labour against their will and committed widespread human rights violations for the benefit of Unocal's project," said another lawyer, Dan Stormer.
 
"Unocal was dealing with the devil. Now they have to answer to a jury," he added following Judge Victoria Chaney's rejection on Monday of California-based Unocal's bid to have the case dismissed.
 
Unocal spokesman Barry Lane strongly denied the company was in any way responsible for the rights abuses he conceded were committed by the military of Myanmar, formerly known as Burma.
 
"We were not party in any way to any rights abuses. We are not partners with the military, did not request anything from the military and did not receive services from the military," he said.
 
"There has not been any decision so far in this case yet and the judge has indicated that there are a number of areas of the case that she is not going to proceed with."
 
Lane also said while the case would go ahead in September following the judge's rejection of Unocal's bid for dismissal and the plaintiffs' request for a summary judgement, it remained unclear which arguments would be heard.
 
A similar lawsuit brought in a US federal court by the villagers, backed by the organization EarthRights International, was rejected in September 2000, forcing them to refile the suit in a California state court.
 
Rights activists have estimated that Myanmar's military regime, which seized power in 1988, receives around 150 million dollars annually in precious income from the Yadana pipeline, cash that they allege bankrolls the junta's oppressive rule.
 
The pipeline also ran into trouble with environmentalists who forced a brief suspension of construction last year, while Myanmar opposition leader, Nobel laureate Aung San Suu Kyi, has called for companies to boycott the country.
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The Seattle Times - Wednesday, June 12, 2002
Court favors Burmese refugees in rights ruling
 
LOS ANGELES ? A group of Burmese refugees won a landmark victory yesterday when a Los Angeles judge ruled that Unocal oil could be tried for human-rights violations, including forced labor, that allegedly occurred as a part of the construction of a $1.2 billion gas pipeline in Myanmar.
 
Superior Court Judge Victoria Gerrard Chaney's ruling means that if the case goes to court, Unocal would become the first U.S. corporation held to answer charges of abuse on foreign soil.
 
Unocal contends the suit is part of a politically motivated campaign to embarrass the company into divesting its holdings in Myanmar, also known as Burma, whose military leaders seized power after free elections in 1990.
 
Unocal is being tried for so-called "vicarious liability," which says that joint-venture partners bear responsibility for each other's actions involving their common business.
 
The plaintiffs are 14 former residents of Burmese villages in the path of the pipeline, which was completed in 1998 to transport gas from an offshore field through Myanmar to Thailand. The villagers allege that Myanmar soldiers forced them to work on the pipeline project.
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Los Angeles judge orders Unocal to trial over alleged abuses in Myanmar
Tue Jun 11,11:53 PM ET
 
LOS ANGELES  - (AP) - A Superior Court judge has ordered the Unocal Corp. to stand trial for alleged human rights abuses related to a pipeline project in Myanmar.
 
In a ruling made public Tuesday, Superior Court Judge Victoria Chaney denied a Unocal motion for summary judgment of lawsuits brought on behalf of citizens of and refugees from Myanmar, which was formerly known as Burma.
 
In a separate ruling made Friday and announced Tuesday, Chaney also denied the plaintiffs' motion for summary judgment, saying they could not show Unocal was solely responsible for the alleged human rights violations.
 
A jury trial was set for Sept. 26 in Los Angeles, where Unocal is based.
 
"For the first time in any place, we are holding an American corporation liable for human rights abuses committed abroad," said Dan Stormer, who is representing the plaintiffs.
 
Chaney, however, also granted a Unocal motion for summary judgment that concerned the oil company's direct liability for actions of Myanmar's military. She ruled that the issue was litigated previously in federal court, where it was found that Unocal did not control the military.
 
"The guts of the case have been knocked out," said Unocal attorney Edwin Woodsome Jr.
 
Labor activists have accused Unocal of ignoring reports that Myanmar forcibly relocated residents and used slave labor in conjunction with the construction of the dlrs 1.2 billion Yadana pipeline.
 
Unocal officials have strongly denied the accusations.
 
The case originally was filed in 1996 on behalf of villagers who claimed they were forced to work on the project by the country's military.
 
The plaintiffs' lead counsel, Terry Collingsworth of the Washington, D.C.-based International Labor Rights Fund, called the upcoming trial "a major victory."
 
"As we have alleged from the outset, the evidence shows that Unocal entered into a business relationship with the brutal military regime in Burma, knowing that the military would engage in massive human rights violations in furtherance of the project. This was an acceptable cost for Unocal," Collingsworth said.
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The Star
Wednesday, June 12, 2002
Singapore foils illegal entry by five foreigners
 
SINGAPORE: Five foreigners? attempt to enter Singapore by hiding in a car boot on Sunday was thwarted when immigration officers stepped up checks at the Tuas checkpoint.
 
The officers stopped a grey Proton Wira at 11.30pm, and found three Myanmar nationals and two Bangladeshis huddled in the boot.
 
The Malaysian-registered car was driven by a 23-year-old Malaysian. The driver and the five illegals, aged between 22 and 37, had been arrested and the car seized.
 
The six would be charged in court, said Singapore Immigration and Registration.
 
In a statement on Monday, it said security checks on passengers and vehicles at checkpoints had been stepped up, and foreigners who tried to enter Singapore illegally would face harsh penalties.
 
If convicted, the five could be jailed for up to six months. They could also be fined up to S$6,000 (RM12,600) or caned at least three times.
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The Nation
BORDER TENSIONS: 'We didn't shell Burma'
Published on Jun 12, 2002
 
Supreme Command finds Army did not violate neighbour's sovereignty - Chavalit
 
The Thai Army did not shell Burmese military outposts along the border as claimed by Rangoon, Defence Minister Chavalit Yongchaiyudh said yesterday, quoting a recent investigation report by the Supreme Command.
 
Chavalit said the official Supreme Command probe concluded that the Army had not violated Burma's sovereignty.
 
The report, signed by Supreme Commander Admiral Narong Yuthawong, was submitted to the Defence Ministry about four days ago, Chavalit said.
 
Burma accused Thai troops of supporting Shan rebels by firing artillery shells at Burmese Army outposts along the northern border area, an allegation that Bangkok denied.
 
Chavalit said there was no need to submit the findings to the Burmese because "it is not necessary to inform them about every step we take".
 
Rangoon unilaterally closed its border checkpoints with Thailand, blocked official visiting delegations, and launched a stream of anti-Thai statements in its state-run media.
 
Chavalit yesterday urged Burma to resume dialogue as soon as possible, saying that the tension would be "irreversible" if both sides did not take immediate action to prevent bilateral ties from deteriorating further.
 
He said there had been some progress in the possibility of resuming dialogue with the Burmese leaders, pointing to low-level contacts between Rangoon and Bangkok. He did not elaborate.
 
Meanwhile, fighting between Shan State Army and Burmese troops in areas adjacent to Chiang Mai's Vieng Haeng district picked up again yesterday after a one-day break due to heavy rain and troop fatigue.
 
Colonel Chavalit Sirikit, commander of the Cavalry Task Force 2, said that stray bullets and mortar shells from Burmese troops continued to hit homes of Thai residents in Pieng Luang sub-district.
 
Third Army commander Lt-General Udomchai Ongkasing, who inspected the area yesterday, declined to comment to reporters.
 
Udomchai, reportedly under instructions from the defence minister, had earlier told troops not to retaliate against stray shells unless Thai property was directly hit.
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The Nation
'Common Burma strategy vital'
Supalak Ganjanakhundee
Published on Jun 12, 2002
 
need to come together and develop a common strategy towards Burma because the current divided approach could bring more chaos and possible war between the two neighbours, Thai scholars warned yesterday.
 
They also urged political and military leaders to stop attacking one another through the media, which they said had a tendency to sensationalise the situation.
 
The lack of a sound strategy towards neighbouring countries has created disunity among policy-makers, allowing them to create and impose their own brand of diplomacy in dealing with a sensitive and complicated situation, said Chulalongkorn University expert on security affairs, Surachart Bamrungsuk.
 
Thailand has been so used to dealing with neighbouring countries using strategies imported from the world's superpowers that it has become unable to develop its own.
 
"The end of the Cold War has forced Thailand to face the realities of geographical proximity with its neighbours. And we remain unable to come up with the necessary wisdom to deal with the complexities of existing problems," he told a seminar at the university yesterday.
 
Political leaders and other Thai officials never employ knowledge when making policy, opting instead for extreme perceptions based on emotional historical events dating back centuries when Siamese kingdoms were at war with the Burmese, he said.
 
"It is sad to know that the thought process from the Ayutthaya period is still dominating our foreign policy towards Burma in this 21st century," added Surachart.
 
The latest conflict took place on May 20, when Burma says the Thai military exchanged artillery shelling with its troops in border areas adjacent to Chiang Mai, killing about 30 Burmese soldiers. Rangoon accused Thailand of firing to support Shan rebels, but the Thai Army dismissed the accusation.
 
Prime Minister Thaksin Shinawatra has raised Thai military hackles by accusing them of overreacting, while the press has accused the premier of being too quick to appease Rangoon.
 
Surachart said the public had developed two extreme perceptions - one that says a war with Burma will help bring democracy to the country and help end human-rights abuses - as well as narcotics trafficking - while the other view clings onto dialogue with Rangoon as the way out of the deadlock.
 
Chayachoke Chulasiriwong, a lecturer at Chula's International Relations Department, said Thailand had never in practice imposed one single policy towards Burma because too many factions were involved. This has led to mistrust among the Burmese.
 
"We don't need to blame each other about the buffer zone since it already exists and has never been deleted from Burma's view," he said.
 
Sunait Chutintaranond, another Burma expert, said Burmese politics were changing rapidly and that Thailand needed to adapt to this development and come up with plans on how to deal with it.
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Bangkok Post - Wednesday 12 June 2002
Isoc, police at odds over motive, KNU captain offers help
Pledges to hand in three Karen suspects
Wassana Nanuam
 
Police and the Internal Security Operations Command appear at odds about the motive for the school bus attack that left three students dead in Ratchaburi last week.
 
Gen Pallop Pinmanee, deputy Isoc director, said the attack stemmed from a conflict between the school bus driver and members of the Karen National Union.
 
The national police chief, meanwhile, said it might be the work of local government officials.
 
Yesterday a KNU leader promised to deliver three Karen men suspected of carrying out the attack in three days.
 
Capt Lakkapor, who heads a KNU supply division opposite Suan Phung district, gave the undertaking after soldiers took him to the 31st Infantry Regiment in Ratchaburi for questioning.
 
The military is insisting the attack in Ban Kha sub-district arose from a dispute between the bus driver, Thongmon Khemthong, and KNU fighters.
 
The Isoc deputy chief questioned Capt Lakkapor by himself for about 40 minutes yesterday.
 
An Isoc source said Capt Lakkapor promised to bring the three suspects and their weapons to the military in three days, the source said.
 
``Capt Lakkapor was shocked when we took him here. But we told him that we meant no harm and only needed his co-operation in tracing the Karens who are the murderers,'' said the source.
 
The source added that Capt Lakkapor's men might also be involved in the recent shooting of Maj Somjit Srikrod, a close aide of Maj-Gen Sornchai Montriwat, secretary to the defence minister.
 
Capt Lakkapor, 45, said KNU members might have a personal conflict with Mr Thongmon.
 
However, he denied the conflict involved drugs, saying the KNU never sold drugs. Gen Pallop said he was sticking by his theory about the bus driver and the KNU.
 
``There was something wrong with Thongmon's testimony. He said the gunmen covered their faces with cloth but students said they just had pieces of cloth tied around their heads.
 
``Thongmon should know them and refused to stop his vehicle when he saw their faces,'' Gen Pallop said.
 
Mr Thongmon might owe the Karen money and they probably took action for the overdue debt, Gen Pallop said.
 
Pol Gen Sant Sarutanont, the national police cheif, said police were looking at three or four possible motives.
 
One theory was the attack was ordered by local governmental officials.
 
A police source said three local officials including an unusually rich policeman had been questioned.
 
Deputy Interior Minister Sora-at Klinprathum said the attackers were probably still on Thai soil.
 
Mr Thongmon yesterday laid a complaint against Gen Pallop with Ban Kha police, saying the general had tarnished his reputation by accusing him of being involved in the drug trade and other illegal businesses. The man was later questioned about the shooting all day.
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Bangkok Post - Wednesday 12 June 2002
Analysts call for clear-cut policy
End urged to efforts to politicise conflicts
Achara Ashayagachat and Bhanravee Tansubhapol
 
Analysts on Burma yesterday called for an end of efforts to politicise Thai-Burmese conflicts through the media, and urged policy-makers to have unity and transparency in dealing with Rangoon.
 
Surachart Bamrungsuk, a security and defence analyst at Chulalongkorn University, said Thailand lacked a clear-cut policy towards Burma and other neighbouring countries.
 
Patriotic prejudice and personal interests were a driving force for the country in responding to present problems, he told a seminar.
 
Mainstream policy-makers looked at Burma with a negative attitude and seemed ready to wage war as they were obsessed with the love-hate historical perception, while those in support of talks with Rangoon were suspected of pushing for their vested interests.
 
That was one answer why Thailand had no sustainable solution to bilateral problems, he said.
 
All parties should stop giving conflicting interviews and politicising the bilateral dispute for the sake of the country, he cautioned.
 
Problems with Burma were being complicated by the lack of a clear borderline, which in turn led to drug trafficking and other threats, he said.
 
Chaichoke Julsiriwongse, a political scientist, recommended Thailand stay more neutral when dealing with Burma's ethnic minorities, including the Wa and Shan rebels who were fighting for control of the drug trade.
 
Ethnic groups in Burma also created situations to stir conflicts between Thailand and Burma, he said.
 
It was good of Thailand to propose itself as mediator for Burma's national reconciliation.
 
However, to suggest the formation of a Burmese cabinet with Karen National Union leader Bo Mya as border minister, was going too far, he said.
 
Thai-Burmese issues remained vulnerable to mistrust and misunderstanding as long as the government had conflicting policies towards Burma.
 
At the Foreign Ministry, spokesman Rathakit Manathat yesterday declined to comment on the role of Thailand as a mediator as raised by Defence Minister Chavalit Yongchaiyudh, saying the ministry had not been informed about the move.
 
Sunait Chutintaranond, an expert on Burmese history, told the seminar that major powers always wanted to occupy or exploit Burma due to its abudance of natural resources and strategic location, while Burma knew how to play regional and world politics.
 
He called for a careful watch on Burma's politics, saying that the Burmese generals _ Maung Aye and Khin Nyunt _ might be in conflict, but they both knew that a break-up would mean the end of their role and power.
 
Mr Sunait expected Burma's politics to become more violent as suppression of ethnic minority groups remained prevalent, and said personal relations could help heal Thai-Burma conflicts in the short run.
 
The long-term solution needed a transparent and relevant policy towards Burma, he said.
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