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Burma Related News - Feb 15, 2003.



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BURMA RELATED NEWS - February 15, 2003.

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HEADLINES

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AP - US Fedl Crt Sets Aside Human Rights Case Against Unocal

AP - Singaporean activists to fight for maid's rights

AFP - FATF lifts money-laundering sanctions on Ukraine, slams Philippines

SFC - Court to reassess Unocal role in Burma suit

VOA News - US Congressman Accuses Burmese Military of Genocide Campaign Against Minorities

Bkk Post - Senate wants project nixed

Kyodo News - ASEAN representation at Tokyo confab on Burma downgraded

Asian Tribune - Suu Kyi calls for talks, generals defiant

Asian Tribune - San San Nweh finally gets 1999 Reporters Without Borders prize

SHAN - Thai academic: Shan defeat might mean more drugs bound for Thailand

SHAN - "Hate Thai" history remains compulsory in schools

SHAN - Mules carry Thai currency

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Saturday February 15, 5:33 AM
US Fedl Crt Sets Aside Human Rights Case Against Unocal
 
SAN FRANCISCO (AP)--A federal appeals court has set aside a lawsuit on behalf of indigenous farmers of Myanmar who allege Unocal Corp. (UCL) was involved in human rights violations carried out by the country's military.
 
A three-judge panel of the 9th U.S. Circuit Court of Appeals had reinstated the lawsuit in September. But the San Francisco-based court announced Friday, in a two-sentence order, that it would rehear the case with 11 judges.
 
Because of Friday's action, the Los Angeles federal court case remains in legal limbo until the 9th Circuit rules again. The court didn't indicate when it would hear the case.
 
The allegations, which the El Segundo-based oil concern denies, accuse Unocal of being complicit in slavery, murder and rape - which the farmers say were carried out by the Southeast Asian nation's military. The military provided the company with security and other amenities for the pipeline venture with the government of Myanmar, formerly called Burma.
 
The case involves 18 farmers who allege they were raped or enslaved by the military. Some of the plaintiffs are relatives of those they say were murdered while construction of the pipeline was underway in the 1990s.
 
In its September ruling, the appeals court overturned a federal judge who had dismissed the lawsuit on grounds the farmers couldn't litigate the case in the U.S.
 
The three-judge panel ruled that the farmers may use U.S. courts to sue Unocal under a federal law granting alleged victims of international human rights access to U.S. courts.

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Saturday February 15, 00:06 AM

Singaporean activists to fight for maid's rights
 
SINGAPORE (AP) _ A group of Singaporean activists have banded together to protect the wealthy island nation's foreign maids from abusive employers, an organizer said Saturday.
 
Two high-profile cases of maid abuse last year prompted some 25 activists to form the group called The Working Committee 2, said founder Braema Mathi.
 
Last July, Singaporean Ng Hua Chye, 47, was sentenced to 18 1/2 years in prison for killing his 19-year-old Indonesian maid. He was found guilty of starving her, beating her with a hammer and scalding her with hot water.
 
In another case, a local employer was sentenced to five years behind bars for biting off her teenage Indonesian maid's nipple.
 
``They did shock quite a lot of us,'' said Mathi, who is also a nominated member of parliament. ``They prompted a few of us to say, 'We have to do something.'''
 
The group will launch an advertising campaign in March to educate Singaporeans about the reality of domestic workers' lives and to encourage them to respect maids' basic rights, Mathi said. ``The public needs to see maids as employees with rights.''
 
Mathi said the group will also raise money for a shelter to house abused domestic workers and recommend policy changes to the government.
 
Women from impoverished neighboring countries like Indonesia and the Philippines flock to Singapore with dreams of a better life, but often wind up overworked and with little personal freedom.
 
Singapore employs about 140,000 foreign maids. About 80,000 come from the Philippines and 50,000 come from Indonesia. The rest are from Sri Lanka, Myanmar and Thailand.
 
Numerous cases of maid abuse come before Singapore courts, where tough jail sentences are handed out to employers who are convicted of mistreating their domestic helpers.

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Saturday February 15, 3:53 AM
FATF lifts money-laundering sanctions on Ukraine, slams Philippines

PARIS, Feb 14  (AFP) - The Financial Action Task Force, a global body for fighting money laundering, said that it was withdrawing sanctions against Ukraine but recommended they be imposed on the Philippines from mid-March.
 
The task force also said it was removing Grenada from its list of non-cooperative countries and territories because the British West Indies island had significantly reformed its anti-money laundering system.
 
In mid-December, the FATF labelled Kiev as uncooperative in the fight against money laundering and several FATF members including the United States, Canada and Britain announced counter-measures against Ukrainian banks and financial institutions.
 
But in a statement Friday, the FATF said its members had decided to withdraw the application of additional counter-measures against Ukraine because the government had recently enacted "comprehensive anti-money laundering legislation that addresses the main deficiencies" first identified by the task force in 2001.
 
Ukrainian President Leonid Kuchma welcomed the FATF decision but said the counter-measures had helped to promote action against money laundering.
 
The sanctions had been a "good lesson" for parliament, where a dispute between opposition and pro-presidential deputies delayed the adoption of an anti-money laundering law and prompted the punitive steps in December, a presidential statement said.
 
Ukraine will nonetheless remain on its non-cooperative list "until it has implemented effectively its new anti-money laundering legislation", the Paris-based task force said.
 
Ukrainian Finance Minister Mykola Azarov said Kiev could be removed from the list by the end of the year.
FATF President Jochen Sanio hailed the development as "a significant success for the FATF and Ukraine in the fight against money laundering".
 
The Philippines, by contrast, had failed to meet an FATF deadline on Thursday to approve adequate legislation to counter money laundering, the task force said.
 
"The FATF has taken the serious step of recommending that its members impose additional counter-measures against the Philippines, due to the failure of the Philippines to enact legislation to address previously identified deficiencies in their anti-money laundering regime," it said.
 
Failue to do so by March 15 would result in counter-measures as of that date, it said.
 
The current FATF list of non-cooperative states comprises: Cook Islands, Egypt, Guatemala, Indonesia, Myanmar, Nauru, Nigeria, Philippines, St. Vincent and the Grenadines and Ukraine.
 
The FATF, which meets under the aegis of the Organisation for Economic Cooperation and Development, is an independent body of experts from 29 countries, the European Commission and the Gulf Cooperation Council.

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San Francisco Chronicle
Court to reassess Unocal role in Burma suit
Bob Egelko
, Chronicle Staff Writer  
Saturday, February 15, 2003  
 
A federal appeals court on Friday granted Unocal Corp.'s request to reconsider its responsibility for the brutal treatment of villagers in Burma by Burmese soldiers guarding the oil company's pipeline.
 
In September, a three-judge panel of the Ninth U.S. Circuit Court of Appeals in San Francisco reinstated the damage suit by villagers who said the soldiers forced them into slave labor and committed rape and murder during pipeline construction in the mid-1990s. The court said a jury could decide whether Unocal knowingly aided enslavement and brutality by Burma's military, which has a long record of abuses.
 
But the court said Friday that a majority of its 24 judges had voted for a rehearing before an 11-judge panel, at a date not yet scheduled.
 
Daniel Petrocelli, a lawyer for Unocal, based in Southern California, said the case was being followed closely by U.S. companies that do business abroad. He said the ruling in September would have made companies "potentially liable for acts over which they had absolutely no control, which occurred in countries on the other side of the world, perpetrated by the host governments."
 
The eventual ruling may not matter to the opposing parties because a virtually identical suit by the same villagers under California law is heading toward trial in Los Angeles Superior Court.
 
But an appeals court's analysis of a U.S. company's potential responsibility for abuses by foreign soldiers could set an important precedent for other cases. One is pending in a San Francisco federal court, where a group of Nigerians seek to hold ChevronTexaco responsible for shootings of protesters by Nigerian soldiers and police at oil company facilities.
 
An 18th century U.S. law gives federal courts jurisdiction over human rights abuses abroad.
 
Unocal is a partner in a now-completed project licensed by Burma's military government to pipe natural gas from an offshore field across a portion of southern Burma to Thailand. The lawsuit alleged that soldiers guarding the pipeline forced residents to work without pay, raped several villagers and shot others who refused to work or were too weak. The suit also alleged that the soldiers burned a baby to death.
 
In September's ruling, the court said there was evidence that Unocal hired and helped the military to provide security, even though the company's president admitted he knew the military was likely to use forced labor.

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US Congressman Accuses Burmese Military of Genocide Campaign Against Minorities
VOA News
15 Feb 2003, 11:13 UTC
 
A U.S. congressman took to the floor of the House of Representatives last Wednesday to decry what he called a campaign of genocide by Burma's ruling junta.
 
Joseph Pitts, a Republican Congressman from the state of Pennsylvania, said he visited the Thai-Burma border in January and met with refugees, democracy activists, prisoner-of-conscience groups and others working to help the people of Burma.
 
Mr. Pitts said the international community "has failed to recognize that there is, under international legal definitions, a campaign of genocide against the ethnic minorities" by the ruling military dictatorship.
 
The Congressman called on the United States and the international community to do something to assist the people of Burma and stop the brutality.

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Bangkok Post - Saturday 15 February 2003
Senate wants project nixed
Concerns for human rights, environment
Kultida Samabuddhi
 
Prime Minister Thaksin Shinawatra will be asked to scrap a 300-billion-baht hydropower dam project on the Salween river, the Senate foreign affairs said.
 
``The project would cause great damage to Thailand,'' said panel chairman Kraisak Choonhavan, citing concerns about environmental impacts and human rights violations.
 
The Electricity Generating Authority of Thailand is expected to build the dam and eight power plants in Mae Sariang district, Mae Hong Son.
 
Senators will on Tuesday discuss Thailand's stand on development projects on the international rivers which it shares with its neighbours. These projects include a 3,000-megawatt hydropower dam on the Salween river, a natural borderline between Thailand and Burma, and the blasting of rapids for navigation in the Mekong river on the Thai-Lao border.
 
Mr Thaksin would be informed of the outcome of the discussion next week.
 
Egat governor Sithiporn Rattanopas, who met the panel on Wednesday, said the Salween dam project was economically viable even though Thailand would have to shoulder all construction costs.
 
``When the project is completed in 2012, Thais will enjoy a lower price of electricity, at 0.90 baht per unit, or a saving of around 31 billion baht a year,'' Mr Sithiporn said.
 
He added that the Energy, Finance, and Environment ministers had all agreed on Jan 29 to give the project a go-ahead.
 
The Natural Resources and Environment Ministry has volunteered to make an assessment study of the project's environmental impacts.
 
Initially, Egat would set aside 10 million baht to support the environmental impact assessment study, to be headed by natural resources and environment permanent secretary Plodprasop Suraswadi.
 
The dam would inundate around 20,000 rai of lush forest in the Salween wildlife sanctuary in Thailand, the Egat governor said. However, Egat had no idea how the project would affect Burma's ethnic groups and forest.
 
``The information on the Salween dam is incomplete because it has come from desk research,'' he said.
 
``No one could survey the dam site and conduct any field study unless the governments of both countries formally agree to develop the project.''

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ASEAN representation at Tokyo confab on Burma downgraded
 
BANGKOK, Feb. 14 (Kyodo) Some Southeast Asian governments have decided to lower their level of representation at a U.N. conference on Burma to be held Saturday in Tokyo after the country's junta criticized it as intervention in its internal affairs, Association of Southeast Asian Nation (ASEAN) sources said Friday.
 
The sources said ASEAN members such as Thailand and Singapore will not be sending high-level officials to the conference as earlier planned in the wake of a letter from Burma Foreign Minister Win Aung recently received by
those governments.
 
The closed-door conference to be held at the U.N. University in central Tokyo is aimed at facilitating restoration of democratic rule in Burma.
 
The participants will include government representatives of Japan, ASEAN member countries and Western countries such as the United States, Australia and Britain.
 
The ASEAN sources said some Southeast Asian governments plan to send no representatives at all to the conference, while others have not been invited.
 
ASEAN comprises Brunei, Cambodia, Indonesia, Laos, Malaysia, Burma, the Philippines, Singapore, Thailand and Vietnam.
 
The Tokyo meeting will neither be joined by representatives of Burma's ruling State Peace and Development Council nor the National League for Democracy of pro-democracy leader Aung San Suu Kyi.
 
But it will include U.N. special envoy Razali Ismail, who has been endeavoring to bring Burma's ruling generals and Suu Kyi together to engage in a substantive political dialogue that would lead to national reconciliation.
 
The conference will occur ahead of Razali's 10th visit to Burma, which is set to take place later this month.
 
Razali, who brokered dialogue between the junta and Suu Kyi that led to her release from almost 20 months of house arrest in May of last year, last visited Burma in mid-November.

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Asian Tribune
Date : 2003-02-15
Suu Kyi calls for talks, generals defiant
 
Yangon, Feb. 15: : The gulf between Myanmar's opposition and military appeared to widen on Wednesday with pro-democracy leader Aung San Suu Kyi calling for talks while the ruling generals railed against threats to stability.
 
Speaking at a ceremony to mark Union Day, Suu Kyi said Myanmar's economy and society were suffering because of the political impasse between the ruling State Peace and Development Council (SPDC) and the opposition.
 
"I would like to call on the SPDC...to immediately start dialogue for the good of the entire people," Suu Kyi told a gathering of supporters and diplomats at the headquarters of her National League for Democracy (NLD) party. "We need to recognise that we lack unity and reconciliation. Our problem will not disappear if we merely keep pretending not to know its existence."
 
Union Day commemorates a 1947 agreement between Suu Kyi's father, independence hero General Aung San, and leaders from several ethnic minorities, guaranteeing them freedom to choose their political destiny. To mark the occasion, military leader General Than Shwe issued a statement attacking "destructive elements" in Myanmar -- a euphemism for the opposition the military often used until U.N.-brokered confidence building talks began with the NLD in late-2000
 
The talks led to Suu Kyi's release from house arrest last May, but have since stalled. "Destructive elements within and without the nation cannot dare to see the flourishing of national solidarity and the development of some political, economic and social environment," said the statement, published by Myanmar's state media.
 
"The entire people must always remain vigilant against these elements and ward off the dangers posed by them." The military government said on Monday it had arrested 12 opposition activists for plotting to blow up a prison and a railway station. A military intelligence spokesman said seven of those arrested were low-level members of the NLD.
 
United Nations Secretary-General Kofi Annan said he was concerned by the arrests. In a statement circulated at U.N. headquarters in New York, he also urged the Myanmar authorities to release all political prisoners without delay, and join "substantive political dialogue" with Suu Kyi.
 
- The International News - 

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Asian Tribune
Date : 2003-02-15
San San Nweh finally gets 1999 Reporters Without Borders prize
 
Well-known French TV journalist Christine Ockrent has presented Burmese opposition leader and Nobel Peace Prize laureate Aung San Suu Kyi with the 1999 Reporters Without Borders / Fondation de France Prize to pass on to winner San San Nweh.
 
Ockrent, who is also a member of the board of Reporters Without Borders, handed over the prize at a meeting on 31 December 2002 at the opposition politician's home in Rangoon, where they discussed the fate of other journalists imprisoned in the country, including 73-year-old Win Tin, who has been in jail for the past 13 years.
 
The prize has been awarded every year since 1992 to journalists who through their work, beliefs or attitudes, have shown devotion to the ideal of press freedom. San San Nweh won it in 1999 while she was in prison serving a 10-year sentence imposed in 1994 for "putting out news harmful to the state." She was freed in July 2001 but not allowed to leave the country.
 
Reporters Without Borders (Reporters sans frontières) reiterates its call for the release of 16 journalists still held by Burma's military rulers.

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Shan Herald Agency for News
No: 02 - 14/2003
15 February 2003
Drugs: Thai academic: Shan defeat might mean more drugs bound for Thailand
 
A noted lecturer from Thailand's prestigious Chulalongkorn University has recently warned that the rout of Shan rebels by joint Burmese-Wa offensives might amount to defection of Shans to the Wa leading to the rise in drug flow into the kingdom.
 
"The Shans basically have a higher development potential compared to the Wa," said Vorasak Mahatthanobol, Faculty of Political Science to Siam Rath Weekly, 14-20 February. "It has certainly been the reason for their ability to resist (the joint onslaught). However, if their present weakening continues, a number of them may decide to cooperate with the Wa in the drug trade."
 
The Shan State Army "South" of Col Yawdserk maintains anti-narcotics is an organic part of its principles. The group seized nearly 300,000 speed pills heading for Thailand on 4 February.
 
Some senior officials from Thailand's Office of Narcotics Control Board in the north were also reported to have reasoned that "disarming" the SSA would not help the kingdom's ongoing war on drugs. "Of course, if Rangoon really gets tough with the Wa, it may be the time for us to ditch the Thai Yai (Shans)", said the source.

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Shan Herald Agency for News
No: 02 - 12/2003
15 February 2003
Thai-Burma relations: "Hate Thai" history remains compulsory in schools
 
According to New Era journal, February edition, the history of Thai-Burma relations, as written by Rangoon following military confrontation between Thai and Burma forces in February 2001, continues to be required text in Burma's schools, despite resumption of bilateral ties last year.
 
Col San Pwint, knownas one of Gen Khin Nyunt's trusted lieutenants, had warned teachers in Pongpakhem, Mongton Township, on 23 January, following discovery that the text was being taught only students in the primary but not to those in the middle and highlevels. Teachers who remained slack even after his warning would face effective official action, he said.
 
Pongpakhem, 16 km from the Chiangmai border, was designated a sub-township of Mongton last year.
 
According to Bangkok Post, 23 September 2002, Gen Sanan Khajornklam, Secretary of Thai-Burma Cultural and Economic Cooperation Committee had mentioned to his Burmese counterparts of the need for making changes to texts which were seen as harmful to bilateral ties. "But Bangkok was reluctant to push the matter further," said post correspondent Wassana Nanuam.
 
The text maintains that conflicts between the two countries, past and present, without exceptions, have been set off by "Yodaya" aggression. Yodaya is a derogatory name for Thailand and its people.

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Shan Herald Agency for News
No: 02 - 13/2003
15 February 2003
Drugs: Mules carry Thai currency
 
Despite assurances by Wa supremo, Chairman Bao Yuqiang, that the drug trade is run by businessmen operating outside the law and that the Wa leadership was simply a victim, a deserter from his United Wa State Army confided recently to S.H.A.N. that the proceeds in baht from its sales to Thai agents had to be transported on muleback.
 
"Each mule can carry at least 50 kg", said Sergeant Ai Keud, 28, from Brigade 171's 619th Battalion, currently stationed at Kharngpa, north of the Shan State Army's Loi Taileng base. "We used at least 5-10 mules per trip."
 
He explained that mules were preferred to motor vehicles in order to prevent the loss of all their takings in case of attack by hostile forces. "Some of the mules, if not all, might be able to escape the onslaught," he said. "In a truck, the potential to lose all our earnings is high."
 
A Wa private receives 250 baht for his monthly pay whereas he, as a sergeant, got 300. "But on the average, I earned at least 2,000 baht each month for these special assignments," Ai Keud, a Palaung from northern Shan State, explained. "In some months, I even earned up to 10,000."
 
Apart from methamphetamine, Mongton Township, where his battalion is located, also produces opium, according to him, who rejected junta officials' claim that the township had been rid of the poppy culture beginning this season. "There are about 40 bosses each with 100-300 hired laborers working for him in the fields," he said. "They are fed three meals a day, with men receiving 130 baht each and women 100 each for their daily wages."
 
Ai Keud, who speaks several languages, has been assigned to work with the Public Relations Department of the SSA.
 
Wa units are organized on the communist model. His former battalion, the 619th, has Sarmlawt as "political commissar" and Sarngtay as "battalion commander."

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