EBO BURMA NEWS 1 AUGUST 2003

News Summary:

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1. Judge rules Unocal can be tried in US for alleged Myanmar rights abuses

2. Must Pay Restitution for Its Profits From Burmese Imports

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

 

LOS ANGELES, July 31 (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

the Thai and Myanmar governments. Total is being sued separately in Europe.

 

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Must Pay Restitution for Its Profits From Burmese Imports

MEMPHIS, Tenn., Jul 30, 2003 /PRNewswire via COMTEX/ --

 

UNITE, the Federation of Trade Unions - Burma (FTUB), and United Students

Against Sweatshops (USAS) today demanded that Fred's Inc. immediately stop

selling Burmese goods and make amends for profits made this year from

Burmese products. These demands come two days after President Bush signed

legislation that severs financial ties to Burma and ends all imports from Burma

in 30 days.

 

'Fred's claimed it 'didn't know' about the situation in Burma back in May, but they

certainly do now' declared Harris Raynor, UNITE Vice President and Director of

the UNITE Southern Regional Joint Board. 'Fred's should refuse to profit from its

bankrolling of a brutal dictatorship and donate the profits to the appropriate

agency assisting internally displaced Burmese people.'

 

Raynor continued, 'Fred's CEO Michael Hayes promised shareholders in June

that he would respond to the government's policy on Burma. UNITE is waiting

to see if he will keep this promise.'

 

UNITE, USAS and the FTUB have called on Fred's to remove all goods made

in Burma from store shelves and donate them to charity, and to contribute

all 2003 profits made from Burmese products to an organization assisting

Internally Displaced Persons in Burma. Activists throughout the country are

also making these demands through LabourStart and behindthelabel

(see www.labourstart.org and

http://www.unionvoice.org/campaign/fredsnoburma/wgiw35za5nj8).

 

'Fred's should not profit from goods tainted with the blood of a violently

repressed workforce,' declared Tiffany Williams, USAS - Florida State University.

'Fred's must stop selling products made in Burma now.'

 

'Fred's purchases from Burma prolong the military dictatorship and ignore the

genuine will of the people of Burma,' explained Aung San Myint, FTUB Information

Secretary. 'Fred's should repair the damage it has caused by donating profits

to organizations assisting victims of the dictatorship.'

 

Fred's Inc. imported more than $5.3 million dollars worth of goods from Burma

between December 26, 2002 and May 16, 2003. Despite public denunciation,

Fred's continues to sell these products.

 

UNITE is the largest union of garment, apparel, textile, laundry and distribution

workers in North America, representing 250,000 members in the USA and Canada.

 

SOURCE UNITE; Federation of Trade Unions - Burma; United Students Against

Sweatshops

 

Kelly Knochel, +1-646-872-2059, for UNITE

http://www.uniteunion.org

 

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