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Burma Related News - August 01, 2003.




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BURMA RELATED NEWS - August 01, 2003.

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HEADLINES

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AFP - Judge rules Unocal can be tried in US for alleged Myanmar rights abuses

Reuters - Judge says Calif. law rules in Unocal Myanmar case

Reuters - Myanmar to discuss Thai plan on Suu Kyi

Reuters - Myanmar wants "cool down" before Suu Kyi release

BBC News - Opposition MP escapes Burma

The Nation - Japan backs push for road map on Burma

The Nation - US needs to re-think planned sanctions against Burma

The Nation - Letters - Burma may one day become a conduit for democracy in China

Bkk Post - EDITORIAL - What will it take to rescue Burma?

The Taipei Times - One in four brides last year came from abroad

Kyodo News - Razali, Yano agree to press Myanmar for Suu Kyi's release

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Friday August 1, 4:20 PM
Judge rules Unocal can be tried in US for alleged Myanmar rights abuses

LOS ANGELES (AFP) - US oil giant Unocal must stand trial in California for alleged complicity in human rights abuses by Myanmar's military junta, including forced labor, rape and torture, a judge ruled.

"Prior to its involvement in the pipeline project, Unocal had specific knowledge that the use of forced labour was likely, and nevertheless chose to proceed," said Los Angeles Superior Court judge Victoria Chaney.

In the decision seen here Thursday, Chaney rejected arguments by the California-based energy firm, which built a gas pipeline in Myanmar, that the case should be tried at least in part under Myanmar or Bermuda law.

Unocal had made a bid to have the long-running case shifted to the country formerly known as Burma as the alleged abuses took place there, or to Bermuda where a Unocal unit is registered.

But lawyers representing Myanmar villagers allegedly abused by the isolated Southeast Asian nation's military regime contested the move and the judge agreed it would be offensive to allow Myanmar law to be applied.

But the judge said foreign laws such as Myanmar's "indeterminate" laws could not be given precedence if they were morally offensive to public policy, while Bermuda law was not applicable as the Unocal units cannot conduct business within the Caribbean island although they are based there.

Chaney discounted allowing Myamar law to apply, because "even in the unlikely event that these statutes authorized the violent and oppressive behavior at issue in this case, this court would refrain from applying (them) for public policy reasons."

The judge's move cleared the way for plaintiffs in the case -- 14 unnamed Myanmar nationals represented by US lawyers -- to seek tougher penalties under California law.

The case centres on the construction of the much-disputed Yadana pipeline, built by Unocal and partners including France's Total to carry natural gas from Myanmar to neighbouring Thailand.

A lawyer for Unocal, which strongly rejects the allegations, said the firm was unhappy with the ruling and was considering whether to appeal it immediately or wait until after the trial, due to start September 22.

"We disagree with the judge's decision," said Los Angeles-based attorney Daniel Petrocelli, adding that the villagers were trying to strip Unocal's Bermuda units of their corporate status to target the parent firm.

"The principal company involved (...) was not even a Unocal subsidiary, even though the court referred to it as such," he said.

But Rick Herz, litigation director at the advocacy group Earthrights International in Washington and co-counsel for 11 of the plaintiffs, welcomed Chaney's ruling.

"This is great. We thought their (Unocal's) arguments that Burma law applies and that Bermuda law applies were ridiculous and she (Chaney) agreed with us," he said.

"This is a great victory for the villagers," said another attorney for them, Dan Stormer in Los Angeles.

"It prevents Unocal from playing a shell game with corporations. It is a great step towards obtaining justice for these ... villagers."

The villagers are suing Unocal for unspecified damages alleging that the firm benefited from use by Yangon's military regime of forced labour and its soldiers' use of murder and rape, even if it did not agree with the abuses.

In written complaints, they say they were pressed into service in the 1990s to clear a route and build facilities for the pipeline, widely described as the largest foreign-invested project in Myanmar.

The plaintiffs' identities have been concealed for fear of reprisals by Myanmar's junta.

Unocal executives have acknowledged that troops did force villagers to carry ammunition and supplies for the military and to perform other labor in the vicinity of the project, but deny that any of the labor was linked to the pipeline's construction.

Unocal owned the pipeline jointly with Total, formerly TotalFinaElf, and theThai and Myanmar governments. Total is being sued separately in Europe.

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Friday August 1, 9:09 AM
Judge says Calif. law rules in Unocal Myanmar case

LOS ANGELES, July 31 (Reuters) - A Los Angeles judge ruled on Thursday that oil company Unocal Corp. is subject to California law in a suit that claims the firm was partly responsible for allowing troops guarding a pipeline project in Myanmar to rape, murder and enslave villagers living nearby.

The suit, filed almost three years ago, accuses the Los Angeles area-based Unocal of ignoring the alleged human rights abuses while a 39-mile (63-km)-long, $1.2 billion natural gas pipeline was laid by a consortium that included Unocal subsidiaries.

Unocal had sought to have the case removed to Myanmar, the former Burma, where the alleged abuses took place, or to Bermuda, where the subsidiary companies are incorporated.

Daniel Petrocelli, the lead attorney for El Segundo, California-based Unocal, said the company was considering its options, including seeking immediate relief.

He added that, "There is nothing about California involved in this case other than the parent companies that the plaintiff chose to sue being located in California. The parent companies did not invest in the project."

Los Angeles Superior Court Judge Victoria Chaney disagreed, saying that "prior to its involvement in the pipeline project, Unocal had specific knowledge that the use of forced labor was likely, and nevertheless chose to proceed."

The judge said Burmese law was indeterminate," and said two corporations requesting Bermuda law be applied -- Unocal Myanmar Operation Corp. and Moattama Gas Transportation Co. -- do not do business in Bermuda.

She discounted using Burmese law because "even in the unlikely event that these statutes authorized the violent and oppressive behavior at issue in this case, this court would refrain from applying (Burmese law) for public policy reasons."

Plaintiffs' attorney Dan Stormer called the decision "a great victory for the villagers." The case in state court is expected to start in about two months.

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Thursday July 31, 10:05 PM
Myanmar to discuss Thai plan on Suu Kyi
By Tessa Unsworth

BANGKOK (Reuters) - Myanmar's foreign minister says he is ready to discuss Thai proposals to resolve an impasse over the detention of democracy icon Aung San Suu Kyi.

Foreign Minister Win Aung, in Bangkok for a meeting of regional foreign ministers on Friday, will also hold bilateral talks with his Thai counterpart, Surakiart Sathirathai.

"Yes, we are going to discuss everything," Win Aung told Reuters when asked on Thursday if the release of Suu Kyi would be on the two ministers' agenda.

International pressure is mounting on Myanmar's military, which has ruled the country since a 1962 coup and ignored a 1990 election victory by Suu Kyi's National League for Democracy.

United States President George W. Bush signed a bill on Monday closing the U.S. market to imports from Myanmar, and key donor Japan has cut off new aid. Myanmar's Southeast Asian neighbours have taken the unprecedented step of publicly criticising the junta.

Thailand, fearing an influx of economic migrants from its western neighbour, is against sanctions and has proposed that key Western and Asian countries meet the Myanmar junta to hammer out a "road map" for democratic transition in the country.

"The current situation is challenging Myanmar to do something," Thai Foreign Ministry spokesman Sihasak Phuangketkeow told reporters on Thursday.

"ASEAN has already expressed its view. The ball is in Myanmar's court now to turn this challenge into an opportunity to engage the international community and its internal factions".

The Association of South East Asian Nations (ASEAN) is one of the few groups that accepts Myanmar as a member. Last month it gave Yangon an unprecedented rebuke over Suu Kyi.

During Win Aung's visit to Indonesia this week, Indonesian Foreign Minister Hassan Wirajuda said the junta had pledged to resolve the crisis before an October ASEAN summit.

Wirajuda's comment appeared to catch Win Aung off guard, who would only say Suu Kyi's arrest would not be prolonged.

SAVING FACE

Some Myanmar experts say increasing international pressure on Myanmar will not speed up Suu Kyi's release.

"It is like a cat, if you pull the tail, it draws back," said Pornpimon Trichot from Chulalongkorn University's Institute of Asian Studies.

"It is not that they don't want to release Aung San Suu Kyi, they want to release (her) because they can see the problems lying ahead...It is the matter of how to get out of it gracefully," he told Reuters Television.

Red Cross officials, allowed to meet Suu Kyi for the first time since her detention two months ago, said on Tuesday she was in good health and high spirits.

Some Yangon-based diplomats and Myanmar exile groups say the military orchestrated the May 30 violence which led to the arrest of the 58-year-old Nobel laureate.

They say hundreds of pro-government youths set upon Suu Kyi's convoy with clubs while she was touring central Myanmar, killing dozens. The government denies this and says four people died.

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Friday August 1, 8:47 PM
Myanmar wants "cool down" before Suu Kyi release
By Nopporn Wong-Anan

BANGKOK (Reuters) - Myanmar's military rulers are isolating democracy icon Aung San Suu Kyi to prevent political anarchy which could destroy the country, and will free her when the situation cools, Foreign Minister Win Aung says.

"We don't have any intention to prolong that arrangement. We are waiting for the cool down," he told reporters without giving any kind of timetable for her release.

"The only concern for us is not to let the country fall down into total collapse," Win Aung said on the sidelines of a regional foreign ministers' meeting in Bangkok.
"When the political situation is uprising and anarchy, we are preventing that," he added, speaking English.

Myanmar's military, which has ruled since a 1962 coup, has so far ignored Western sanctions and an unprecedented public rebuke from its Southeast Asian neighbours for holding Suu Kyi, 58.

She has been kept in a secret location -- for her own protection, the government says -- since a May 30 clash between her supporters and pro-government youths while she was touring central Myanmar.

"We don't have any kind of intention of animosity against Daw Aung San Suu Kyi. That is why we have not taken any legal action against her and her party," Win Aung said.

Some Yangon-based diplomats and Myanmar exile groups say the military orchestrated the violence in which they say dozens of opposition supporters were killed.

The government denies this and says four people died. It blames Suu Kyi for fuelling chaos in the country.

Human rights group Amnesty International said on Wednesday that rights abuses in the former British colony had risen sharply since Suu Kyi's arrest.

THAI MEDIATION OFFER

Thailand, fearing an influx of economic migrants from its western neighbour, has proposed that key Western and Asian countries meet the Myanmar junta to hammer out a "road map" for democratic transition in the country.

Win Aung and his Thai counterpart, Surakiart Sathirathai, discussed the Thai plan during a 90-minute bilateral meeting.

"I am now taking these suggestions and discussions with me back home because they are things that cannot be discussed in an hour," Win Aung later told reporters.
Win Aung had been lukewarm on the Thai plan during his visit to Indonesia this week, saying "home-grown solutions" were best.

Surakiart said he would invite the United Nations special envoy to Myanmar, Razali Ismail, to Bangkok in two weeks to discuss a timetable for the international forum, which could include the United States, Britain, China, member states of the Association of South East Asian Nations (ASEAN) and Japan.

"This forum will give everyone an opportunity to work together and not just read their prepared statements," Surakiart said.

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BBC News - Friday, 1 August, 2003
Opposition MP escapes Burma

The BBC has learnt that a jailed Burmese opposition MP has escaped from Burma.

Daw San San was jailed for passing state secrets to foreign broadcasters - including the BBC Burmese section.

She was elected as a member of parliament for the National League of Democracy in the election of 1990, which the Burmese military leadership refused to recognise.
She was imprisoned in 1997, but was released in August 2001.

Daw San San is now in an undisclosed location somewhere along the Thai-Burma border.

From the newsroom of the BBC World Service

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The Nation
Japan backs push for road map on Burma
Rungrawee C Pinyorat
Published on Aug 1, 2003

Japan, Burma's key aid donor, has expressed support for the road map towards national reconciliation in Burma proposed by Thailand, Foreign Minister Surakiart Sathirathai said yesterday.

Surakiart said that Japanese Foreign Minister Yoriko Kawakuchi was receptive to Thailand's proposed road map and had recommended that Surakiart brief the Japanese ambassador to Thailand on the matter.

Japan has suspended all financial assistance to Burma since the ruling military junta's failure to comply with international requests to release detained pro-democracy leader Aung San Suu Kyi, and facilitate a process of national reconciliation.

Since 1998, Japan has provided assistance to Burma in the form of grants and technical aid. Japanese aid to Burma in 2001 totalled US$69.9 million (Bt2.9 billion).

Other countries that have given backing to Thailand's proposal to organise an international forum to discuss a road map, include Australia, Austria, China, India, Indonesia, Malaysia and the United Kingdom.

Meanwhile, Jan Kavan, president of the 57th session of the United Nations General Assembly, said in Thailand yesterday he welcomed the initiative and thanked the government for not repatriating Burmese dissidents against their will.

The government has stepped up efforts to regulate the political activities of Burmese dissidents in the country in the wake of Aung San Suu Kyi's detention. It is currently preparing to relocate Burmese who have been under the protection of the United Nations High Commissioner for Refugees (UNHCR) to border camps.

The specific location has yet to be announced.

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The Nation
US needs to re-think planned sanctions against Burma
Published on Aug 1, 2003

Isolating pariah states economically not only hurts ordinary citizens but further entrenches despotic leaders

The US Congress has voted almost unanimously (418 to 2 in the House of Representatives and 94 to 1 in the Senate) to tighten trade and financial sanctions against Burma, whose despotic regime harasses and repeatedly imprisons the country's rightful leader, Aung San Suu Kyi. She won the presidential election in 1990 but the military prevented her from taking power.

But sanctions are the wrong approach, for international marginalisation hurts ordinary citizens far more than it hurts dictatorial regimes. It's time to curtail the use of economic sanctions and to make them better targeted at despots.

The most famous sanctions in recent history were those imposed on South Africa during the apartheid era. Much of the world community stopped trading with South Africa, and stopped making investments in South African-based enterprises. Those sanctions did, it seems, help speed the demise of that barbaric system. But one great success does not negate the many failures. Moreover, it is quite possible that the world community could have supported the overthrow of apartheid in other ways.

Of course, sanctions can be effective in hurting the economy of the target country. Economic development in today's global economy depends on each country being integrated into the worldwide network of production, trade and investment. A national economy that is excluded by sanctions is likely to stagnate or even collapse.

Thus, the South African economy experienced an absolute decline in per capita output during the years of widespread sanctions. But sanctions were not the only reason for decline. Political unrest also devastated the economy, as did a fall in world gold prices that coincided with the anti-apartheid movement in the final years. Still, South Africa was hurt badly by sanctions, and the same has been true for many other countries.

Cuba bears a heavy economic burden today not only as a result of its own internal economic mistakes but also because of the barriers to trade and investment imposed by the US since the 1960s. Haiti went into an economic tailspin when America imposed sanctions in the 1990s, ostensibly to re-establish democracy. Even today, the US blocks aid for Haiti because some right-wing US Congressmen are intent on toppling President Aristide, whom they abhor.

Iraq and North Korea have likewise been battered by sanctions. In Iraq during the 1990s, millions of children suffered repeated illnesses and vast numbers died because international sanctions contributed to ruining the country's economy. North Korea's economy utterly collapsed in the 1990s, leading to widespread famine. Once again, this results from a combination of North Korea's political despotism, atrocious economic policy, and international sanctions.

Burma has already paid an extremely high price for its isolation. International organisations have cut back or eliminated their work in the country, and much bilateral foreign aid has been eliminated, too. One result is that HIV/Aids has run rampant, and the country has received almost no help in getting the epidemic under control. Burma's HIV/Aids crisis is now by far Southeast Asia's worst.

Although sanctions clearly create suffering in many places, how often have they achieved the desired goal? In Burma, Iraq, North Korea and Cuba, despotic regimes not only survived the imposition of sanctions, but became more despotic. These regimes were able to blame foreigners for domestic hardships, even when it was their own policy mistakes and human rights abuses that caused the crises.

Indeed, sanctions weaken an economy and public health, but do not necessarily make it more likely that a despotic regime will collapse. Sanctions purportedly undermine the regime by causing widespread unrest and by reducing the government's power base and tax collections. But sanctions also weaken the ability of the private sector to finance an opposition, tend to cut off the domestic opposition from international sources of support, and reduce, rather than increase, international awareness of the abuses taking place.

Some additional effects are even more pernicious. When legal means of business are outlawed, illegal means become more attractive. Many countries under sanction, such as Burma, become sources of global illegal trafficking in drugs, arms, money laundering, and forced labour. Drug trafficking or other illegal activities can overtake the whole government, turning it from despotism to international organised crime.

Does this mean that the world should do nothing about despotic regimes? There is no easy answer, but to the extent that it is possible to weaken a government without weakening an economy, such steps should be taken. For example, so-called "smart sanctions" focus more narrowly on the political leadership.

Smart sanctions include denial of international travel privileges to despots and their families, and subjecting those despots to the risk of international prosecution. Leaders can thus be made prisoners in their own countries. Smart sanctions can also specifically target the trade in military goods, cutting off despotic regimes' armed forces. Moreover, foreign aid can be shifted away from government towards non-governmental organisations, strengthening the civil societies in such countries.

It is easy to vote against Burma's government, but it is harder to foster political change. Starving Burma's economy is unlikely to help, but it is certain to deepen the suffering of its people. Of course, countries that embrace the use of sanctions do not intend this, but that does not lessen their responsibility for the outcome.

Jeffrey Sachs

Jeffrey D Sachs is professor of Economics and director of the Earth Institute at Columbia University.

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The Nation
Letters - Burma may one day become a conduit for democracy in China
Published on Aug 1, 2003

What Win Aung, minister for foreign affairs of Burma, wrote in "Don't push Burma back into its shell" [July 26] reflects his unbelievable lack of touch with international reality. As a defender of his regime, he should be better aware of the coming storm in the form of The Burmese Freedom and Democracy Act of 2003 in which the US is calling for support from all corners and to use all available resources to help the democratic opposition to the regime there to gain ground.

The US measures will not only be economic sanctions and a boycott of the Burmese leadership, as widely heard, but also envisages the SPDC's removal, including the formation of democratic institutions in Burma.

Therefore, this time it is not going to be business as usual like going back into their shell. It will be most critical for all parties concerned - Burma, Thailand, Asean, China, Japan, the EU, and the UN alike, and most of all for the regime itself which is being attacked from all over the world.

Win Aung is a seasoned international traveller and has close associations with many important international leaders but still shows his naivety about international affairs and global democratic developments. So, for the rest of the members of the junta who spend most of their time in "their shell", there is absolutely no hope for them to understand anything.

Win Aung's theory of Burma's dangers throughout time - its land becoming a trade route for the British; the Japanese occupation to cut off the allies' supply route; and the Cold War-contested area between India and China - seems inadequate. He should further consider the scenario of Burma eventually becoming a democratic supply route from Thailand to China through Burma.

Sun Jupiter

VIA INTERNET

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Bangkok Post - Friday 01 August 2003
EDITORIAL - What will it take to rescue Burma?

President George W. Bush of the United States imposed economic sanctions on Burma on Monday when he signed into law the Freedom and Democracy Act. Two days later, the military regime in Rangoon indicated that Aung San Suu Kyi might be freed before the Asean summit in October. So, is a western boycott of the repressive dictatorship working? Not really.

The State Peace and Development Council (SPDC), the junta ruling Burma with an iron fist, has a history of making tall promises and falling short on delivery. This time, it really only hinted at the possibility of freeing the Nobel peace laureate. It would not say outright that she would be released. It merely said the contentious issue of her detention would be ``resolved''.

While Burma might enjoy the games it plays with the West by exploiting the sympathies of neighbouring countries, the generals running the show in Rangoon would be mistaken in believing that their recent troubles will go away simply by stonewalling the rest of the world. The brutality of the attack on Ms Suu Kyi's convoy on May 30, when government thugs, reportedly including prisoners from Mandalay jail, clubbed and stabbed to death around 70 democracy supporters, even stirred Asean into breaking its long-standing rule of not interfering in the affairs of member nations. It called for the release of the Burmese opposition leader, and Prime Minister Mahathir Mohamad of Malaysia, who had been instrumental in bringing Burma into Asean, went so far as to raise the possibility of expelling Burma from the regional grouping.

The American sanctions will deprive Burma of about $350 million (14.68 billion baht) a year in earnings from exports to the US over a period of three years. They also freeze the regime's financial assets in American banks and ban its officials from entering the US. Burmese exports to America are mostly garments. An estimated 100,000 textile workers might lose their jobs, but the members of the junta, who have long had their assets frozen, will not be directly affected.

The European Union has imposed similar sanctions. Together with the US boycott, these will place a considerable strain on the Burmese economy. However, the lion's share of Burma's trade is with India, China and Thailand. As long as these countries continue to do business, the western economic boycott is unlikely to bring down the regime, even if it does force some short-term concessions.

The situation is the more worrying because many Burma watchers believe the very nature of the well-planned attack on May 30 showed that the hard-liners in the junta, led by Gen Than Shwe, the country's top leader, may have won the internecine battle over moderates like Lt-Gen Khin Nyunt, the powerful intelligence chief, on what to do with Ms Suu Kyi. The hard-liners apparently decided that they did not need to engage in reconciliation talks with the opposition leader.

That would be a serious miscalculation. A full-scale international boycott of Burma, particularly one sanctioned by the United Nations, is quite possible. In this event, Burma would become such an international pariah that even Asean and China would have to reconsider their dealings with Rangoon.

The SPDC appears to be uninterested in Thailand's proposal for a road map to democracy in Burma. Though details of the road map are sketchy, it should seek to entice the hard-liners into adopting a more moderate view. The key condition to be put to the junta must be the unconditional release of Ms Suu Kyi. As risible as some might regard the Thai road map, it is possibly the last chance for the junta to settle a political conflict that otherwise might prove its undoing.

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The Taipei Times
One in four brides last year came from abroad
By Roger Liu
STAFF REPORTER
Friday, Aug 01, 2003,Page 1


A quarter of the 173,000 Taiwanese men who got married last year did so to a foreign woman, Directorate General of Budget Accounting and Statistics (DGBAS) figures showed yesterday.

The majority of these women came from China, Hong Kong and Macau, with the others coming from Southeast Asian countries such as Vietnam, Myanmar and Thailand.

According to a survey released last month by Ministry of the Interior's Department of Household Registration, foreign women are the best, and sometimes only, choice for Taiwanese men who are old, handicapped or from rural areas of the country such as Penghu, Yunlin, Chiayi, Nantou and Pingtung.

Another reason for the rise in foreign spouses could be the increasing independence of Taiwanese women, which for some makes them less appealing as wives.

"Taiwanese girls of the younger generation are too wild and lack loyalty to their husbands," said a 26-year-old taxi driver in Taipei. "Foreign girls from Southeast Asia and China are more submissive."

The immigration of these foreign brides has begun to influence the country's demographics. A decade ago, the ratio of men to women was 106 to 100.

With the influx of 230,000 foreign women over the past 10 years, this ratio has fallen to 103.95 to 100.

"The immigration of foreign brides is an important factor in this," Chen Tzu-ho (é?³å­?å??), section chief of the department of population at the Ministry of the Interior, said yesterday. "And it has caused many social problems."

One of these is the cultural and language gap between the foreign brides and their husbands and children, according to an interior ministry report published two months ago.

"Most foreign mates are not accustomed to society here," the report said. "They lack a network of support from friends and family, which usually causes their families with Taiwanese to disintegrate."

The children of such unions are another emerging social problem. Most of the foreign mothers have received only a minimum education and may be too young to assume their maternal responsibilities.

"And if the mothers cannot speak Mandarin, how can the children learn from them?" Chen said.

Chen said his ministry was working on a plan with other government agencies to deal with the problem.

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Friday August 1, 11:17 PM
Razali, Yano agree to press Myanmar for Suu Kyi's release

KUALA LUMPUR (Kyodo) - Visiting Japanese Senior Vice Foreign Minister Tetsuro Yano on Friday agreed with U.N. special envoy to Myanmar Razali Ismail that Japan and members of the Association of Southeast Asian Nations (ASEAN) need to pressure Myanmar's military government to win the release of pro-democracy leader Aung San Suu Kyi.

Razali was quoted by Japanese officials as telling Yano that Japan and ASEAN need to pressure Myanmar to release Suu Kyi and promote democracy.

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