BurmaNet News, Feb 11, 2004

[editor at burmanet.org]

Feb 11, 2004 Issue # 2421


INSIDE BURMA
AFP: Pro-junta party throws support behind Myanmar democracy plan
AFP: Myanmar rejects US alarm over alleged nuclear ambitions
BBC Monitor: Burmese article on crucial roles in convening National
Convention
WMA: Karen Rebels Postpone Talks with Myanmar's Junta
DVB: NLD members resume meetings throughout Burma

ON THE BORDER
DVB: Burmese authorities rounding up sea gypsies for show

REGIONAL
Irrawaddy: Thailand to Relocate Burmese Refugees From Cities
Jiji Press: Japan Plans to Resume Fresh Economic Aid to Myanmar

INTERNATIONAL
USCB: Australia Federal Labor Party has announced their policy on Burma at
their annual conference in Sydney.

OPINION / OTHER
Irrawaddy: Resist Where One Must
Mother Jones: Courting Responsibility

USCB Announcements



INSIDE BURMA
___________________________________

Feb 11, Agence France Presse
Pro-junta party throws support behind Myanmar democracy plan

A pro-junta party has become the first nationwide political entity to
welcome Myanmar's seven-step political "road map" to democracy spelled out
by the ruling military last August.

"We welcome in principle Prime Minister General Khin Nyunt's seven-step
road map leading to genuine democracy," said the chairman of the National
Unity Party (NUP), which participated in the 1990 elections won by the
opposition National League for Democracy (NLD) but whose results were
ignored by the junta.

Yangon, which has outlined a shift from military rule to democracy with
the culmination of elections at an unspecified date, has said the first
step in the road map, the opening of a national convention to draft a
constitution, was set for this year.

"We firmly believe that the national convention is the most suitable
platform where all the forces within the nation can amicably settle
internal issues by themselves," NUP chairman U Tha Kyaw told a party
gathering late Tuesday ahead of the 57th anniversary of Union Day
Thursday.

The support of the 500,000-member NUP was predictable, as the party has
called for the reconvening of the convention for years.

Leaders of several ethnic groups that have signed cease-fire deals with
the Yangon regime, including the New Mon State Party and the Karenni
National Democratic Party, have pledged their support to the process as
well, state media reported last month.

The NUP, under its previous name of the Burma Socialist Programme Party
(BSPP), ruled the country from 1974 to 1988 under military strongman Ne
Win.

It was one of 10 political groupings attending a previous national
convention which was suspended in 1996 following a boycott by democracy
icon Aung San Suu Kyi's NLD, which deemed it unrepresentative.

U Tha Kyaw die not mention the NLD in his speech but called on the
country's various political elements to come together at the convention.

"I urge all party members to join with the people to work for the success
of the national convention to bring genuine democracy to the country that
will guarantee justice and equality for all," he said.

Yangon has insisted that all the pro-democracy and ethnic political
parties will be invited, and earlier this month said it was taking steps
to "normalise" the status of the NLD, which has been the target of a
crackdown after unrest that led to the detention of Aung San Suu Kyi.

However, with its leader under detention for the past nine months, the NLD
is not believed to be in a position to make a decision on whether to
attend the convention.
___________________________

Feb 11, Agence France Presse
Myanmar rejects US alarm over alleged nuclear ambitions

Myanmar's military junta Wednesday rejected the suggestion by an aide to
the US Senate's Foreign Relations Committee chairman that Yangon was
seeking nuclear weapons technology from North Korea.

The ruling junta said in a statement that it was surprised that the senior
aide to Senator Richard Lugar had raised "a false and disconcerting alarm"
that Pyongyang may have been providing weapons of mass destruction (WMDs)
to Yangon.

"The government believes that crying wolf or WMD just to attract attention
in the derailment of our present envisioned nation-building process is not
individually ethical and nationally moralistic and should be sensibly
avoided."

The senior aide, Keith Luse, warned Monday that US policymakers must pay
"special attention" to what he said was a growing relationship between
Pyongyang and Yangon.

Luse, part of a US congressional delegation that visited North Korea's
Yongbyon nuclear plant last month, asked: "Is North Korea providing
nuclear technology to the Burma military?"

But the Junta rejected any such suggestion, adding: "This is not the first
time such allegations are thrown at Myanmar."

Myanmar "does not require nor want to develop WMD when the country simply
needs all her strength and resources pursuing a peaceful, stable ...
transition to a multiparty democracy."

In a jibe at Luse's comments, the statement quipped that perhaps the WMD
referred to "is the Myanmar people's Will for Mass Development".

The junta also highlighted the failure by US-led teams of investigators to
find the banned weapons that Washington said ousted Iraqi president Saddam
Hussein was developing and which it cited as its primary justification for
war.

"The recent incident in the Middle East has been a glaring and proving
example where the international community including the American public do
not accept such a method."

In January 2002, Yangon confirmed it was planning to build a nuclear
research reactor to be used "for peaceful purposes" and that it was
negotiating with Russia over the facility.
____________________________

Feb 11, BBC Monitor
Burmese article on crucial roles in convening National Convention

The Myanmar Times web site on 9 February

The importance of involving national groups in drafting a constitution has
been highlighted in a government research paper presented to a seminar on
the road map for a transition to democracy.

The paper, Myanmar (Burma) road map to democracy: The way forward, said it
was essential that the National Convention, which is due to be reconvened
this year, must reach a consensus on "the issues touching national races".

"Otherwise, there is always the possibility that the groups that had
returned to the legal fold will go back to the path of armed struggle
against the government," said the paper.

A version of the paper was posted on the government's web site last week
after it was presented at the 'Understanding Myanmar' seminar held at MICT
(Myanmar Information and Communication Technology) Park on 27 and 28
January to explain the road map to democracy.

"The special circumstances surrounding Myanmar culminate in unique
challenges for the government," the paper said.

"The biggest challenge is the question of national unity," it said.

The paper said the peace agreements reached between the government and 17
armed national groups since the late 1980s had paved the way for
"unprecedented peace and stability".

It said meetings late last year and early this year with the prime
minister, Gen Khin Nyunt, had resulted in 13 of the 17 groups pledging to
participate in the National Convention.

The reconvening of the National Convention, which has been adjourned since
1996, is the first step in the seven-stage road map, which was unveiled by
Gen Khin Nyunt last August.

"The holding of the National Convention is not only the first step of
(the) road map but also the most crucial one," the paper said.

It said the government would invite eight categories of delegates to the
convention "to give the chance for all segments of society of have a say
in the drafting the new constitution".

The delegates would include representatives of armed national groups as
well as those from political parties, the paper said.

The road map also provides for the holding of a national referendum to
approve the constitution, followed by parliamentary elections.

The paper said that while it was not possible to provide a precise time
table for implementing the road map, the government would neither prolong
nor accelerate the process.

Prolonging the implementation of the road map would "entail higher threats
to national unity", the paper said.

"At the same time, the world is full of examples where a hasty and
ill-prepared transition from one system to another has brought chaos and
anarchy," it said.

The paper said other challenges to a transition to democracy include the
political, economic and diplomatic pressures exerted on Myanmar by some
Western nations.

"If their interest is to see the rise of democracy in Myanmar and not just
the benefit of an individual or an organization, it is high time for them
to realize that such efforts will not only fail but be counterproductive
as well," it said.

The paper said the government was determined to fully implement the road map.

"It is our hope that the international community will also show
understanding and support for this most important venture for the
country," it said.

The seminar, which also covered social and economic conditions in Myanmar
and its relationship with the outside world, was organized by the Myanmar
Institute of Strategic and International Studies, under the Ministry of
Foreign Affairs.

The seminar was attended by senior Myanmar officials as well as about 70
academics from throughout the world.

Source: The Myanmar Times web site, Rangoon, in English 9 Feb 04
____________________________

Feb 11, World Markets Analysis
Karen Rebels Postpone Talks with Myanmar's Junta

The Karen National Union (KNU) has announced its intent to delay a fresh
round of peace talks with Myanmar's ruling military junta until
late-February. The KNU attributed the postponement to its lack of
preparedness, citing the need for preparatory internal talks ahead of
negotiations. The latest round of negotiations are expected to focus on
the delineation of KNU territorial boundaries and the relocation of armed
forces.

Significance: The highly complicated peace process aimed at ending the
five-decade long insurgency by the ethnic Karen, who are seeking
independence, remains in place, with the tenuous ceasefire holding.
However, prolonged delays could frustrate the process, with the ruling
autarkic State Peace and Development Council (SPDC) seeking to secure the
support of 25 ethnic groups before the National Convention later this
year, tasked with discussing a new constitution. Time will tell whether
the peace process with the Karen is genuine or designed to fail, in the
latest gambit to heal Myanmar's human rights record and court
international investment.
____________________________

Feb 10, Democratic Voice of Burma
NLD members resume meetings throughout Burma

Members of National League of Democracy (NLD) are resuming monthly
meetings throughout Burma for the first time since the notorious Dipeyin
incident occurred on 30 May 2003.

NLD members from Irrawaddy and Mandalay Divisions and Arakan State held
meetings at respective places to discuss future political plans and
clarify past actions.

NLD party leaders and members from 5 townships in Myaungmya District,
Irrawaddy Division in lower Burma held a meeting on 15 January and
discussed the military junta sponsored ‘National Convention’.

The elected representative of Myaungmya U Aung Kyin told DVB that they
tried to clarify different opinions among the members on NLD’s walkout on
the convention in 1995.

The local authorities also came to take the names of party members who
wrote letters to the local election commission on the re-opening of
offices and Dipeyin incident.

Similarly, NLD activists in Woon-Twin and Meikhtila Townships in Mandalay
Divisions and Arakan State have been holding regular meetings, according
to their leaders.


ON THE BORDER
_____________________________________

Feb 10, Democratic Voice of Burma
Burmese authorities rounding up sea gypsies for show

The local authorities of Burma’s military junta, State Peace and
Development Council (SPDC) are rounding up and arresting sea gypsies, the
Salons (Mokens) in southern Burma to make them partake in a sea gypsy
festival starting on 14 February.

On 9 February, 12 Salons escaped from their native islands in Kawthaung
Township, Tennesserim Division and fled to nearby Ranong in Thailand.

According to them, the Burmese authorities are arresting and detaining 5
young Salons on each island and force them to perform traditional dances
for tourists. The Salon women were also treated with disrespect by the
soldiers who arrested them.

According to the latest report, the Thai authorities have sent the escaped
Salons back into Burma waters on 10 February and they are in danger of
being arrested and tortured by Burmese authorities.


REGIONAL
_____________________________________

Feb 11, Irrawaddy
Thailand to Relocate Burmese Refugees From Cities - Naw Seng

The Thai government has ordered that Burmese refugees living in urban
areas be relocated to three existing camps near the Thai-Burma border at
the end of this month, according to refugee sources.

Khin San Nwe, who lives in Bangkok and is recognized by the UNHCR as a
Person of Concern (POC), said the Thai administration’s decision to
relocate the urban-living refugees was made last October when it came to
an agreement with the Bangkok-based UN High Commissioner for Refugees to
move them to the camps by the end of February 2004. The action will affect
all POCs and asylum seekers.

The UNHCR office in Bangkok declined to comment on the relocation plans.
The agency recognizes more than 1,800 Burmese refugees as a POCs, each of
whom receives a monthly allowance from the UNHCR.

In January, at the request of the Thai government, the UNHCR temporarily
stopped accepting applications from Burmese asylum seekers. The moratorium
on political asylum applications was lifted on February 1.

An NGO worker helping Burmese refugees said that the Thai and US
governments had agreed that Burmese refugees already recognized by the
UNHCR will be resettled in America.

In January the American embassy in Bangkok started calling Burmese
refugees for interviews to determine eligibility for the resettlement
program. The embassy has been interviewing about 40 refugees a day for
resettlement in America, according to Khin San Nwe.
____________________________

Feb 10, Jiji Press
Japan Plans to Resume Fresh Economic Aid to Myanmar

Japan's Foreign Ministry plans to resume fresh economic aid to Myanmar,
welcoming recent progress in the nation's efforts toward democracy such as
the compilation of a seven-stage road map, Jiji Press learned Tuesday.

Japan has been suspending fresh aid projects for the Southeast Asian
country since the Myanmarese military junta detained prodemocracy leader
Aung San Suu Kyi and other senior members of the National League for
Democracy last May.

At present, Japan provides Myanmar with only emergency humanitarian
assistance.

The Foreign Ministry now plans to offer aid to support Myanmar's human
resource development in order to facilitate its democratization and
economic structural reform, informed sources said.

The ministry is also mulling strengthening Japan's aid projects designed
to promote the development of the Association of Southeast Asian Nations
as a whole and the four less developed ASEAN members, including Myanmar,
the sources said.

In a meeting with Japanese Prime Minister Junichiro Koizumi here last
December, Myanmar's Prime Minister Khin Nyunt promised to implement the
road map for democracy, which was worked out by the military junta.

In considering resuming aid to Myanmar, the Foreign Ministry is also
taking into account ASEAN's calls for an early end to the aid suspension.

Foreign Ministry officials explained their hope to resume fresh economic
aid to Myanmar in a recent meeting with officials from other Japanese
ministries, saying that the planned assistance for Myanmar's human
resource development does not amount to Japan's approval of the Myanmarese
military junta, according to the sources.

The Foreign Ministry officials stressed that Japan cannot keep suspending
aid to Myanmar in view of its policy of helping ASEAN reinforce its
integrity, the sources said.


INTERNATIONAL
____________________________

Feb 11,  United States Campaign for Burma
Australia Federal Labor Party has announced their policy on Burma at their
annual conference in Sydney.

Labor reaffirms its longstanding condemnation of gross violations of human
rights in Burma, including the draconian suppression of political
freedoms, torture, rape, disappearances, extrajudicial killings,
oppression of ethnic and religious minorities, and use of forced labor.

Labor further condemns the continued refusal of the State Peace and
Development Council to accept the political verdict of the people of Burma
freely expressed at the democratic elections of 1990. Labor expresses its
deep concern at the continuing repression of public political activity,
the arbitrary detention, imprisonment and systematic surveillance of those
in Burma seeking to exercise their rights to freedom of expression,
assembly and association.

Labor deplores Burma's status as the world's leading producer of opium and
heroin, and reiterates its strong concern at continuing reports of
complicity in this trade by elements of Burma's military regime. Labor
commends Nobel laureate and leader of the National League for Democracy,
Daw Aung San Suu Kyi for her courage and determination to bring freedom
and democracy to Burma. Labor acknowledges the moral and political
standing of the People's Parliament formed by the National League for
Democracy on 16 September 1998.

Labor calls on the State Peace and Development Council to cease its
repressive attempts to suppress political freedom in Burma, and to release
all political prisoners immediately and unconditionally. Labor considers
the only long term solution to the situation in Burma is a negotiated
settlement firmly based on full respect for human rights, and calls on the
State Peace and Development Council to open a genuine political dialogue
with Daw Aung San Suu Kyi, representatives of the National League for
Democracy, and ethnic minorities.

Labor further calls on the State Peace and Development Council to fully
and unconditionally cooperate with the United Nations Secretary General's
Special Representative, and to cooperate unreservedly with the
international community in efforts to suppress trafficking in narcotics.
Labor expresses its strong concern about the Howard Government's decision
to step up its engagement with Burma's military regime including
implementation of a human rights training course for Burmese officials. In
the absence of evidence of any commitment by the State Peace and
Development Council to real political reform, Labor considers this to be a
misguided initiative most likely only to give international legitimacy to
Burma's military rulers.

Labor calls on the Australian Government to do all that it can, including
through the United Nations and regional diplomacy, to maximize
international pressure on the Burmese military regime to respect human
rights and democratic freedoms.

Labor in government will close the Australia Office in Rangoon and cancel
the Howard Government's human rights training program.

Given the continuing deterioration of human rights conditions in Burma,
Labor supports discouraging Australian trade with Burma, discouraging
Australian citizens from visiting Burma for business and tourism, and
reviewing the issue of visas for visits to Australia by Burmese officials
and other persons associated with the military regime. Labor in government
will also give sympathetic consideration to Burmese applying for political
asylum or refugee status in Australia.


OPINION / OTHER
_____________________________________

Feb 11, Irrawaddy
Resist Where One Must - Aung Naing Oo

"Compromise where one can and resist where one must." This should be the
policy of pro-democracy and ethnic groups regarding the proposed
re-opening of the National Convention. If the groups harbor any hope for
positive change in Burma, they have no choice than to join the State Peace
and Development Council’s (SPDC) constitution-drafting caucus—which marks
the first of the junta’s seven-point "road map to democracy."

The convention has yet to be re-started, but preparations such as
logistics have already been made. Given that and Rangoon’s efforts to
persuade the ethnic groups to participate, it is clear that it is
determined to go ahead. With the Karen poised to enter a truce with the
regime and likely to attend the convention, it is only a matter of time
before the first step of the road map is implemented. Perhaps within the
first half of this year as Burma’s Foreign Minister Win Aung said in
Thailand recently.

Reportedly, Prime Minister Khin Nyunt assured the Kachin and Karen leaders
that they could discuss anything in the convention

Not all of the junta’s plans may go well, however. Pro-democracy groups
have so far been excluded and not all ethnic groups have pledged support
for the regime. There is no indication as yet if Aung San Suu Kyi or the
National League for Democracy will be part of the process.

Likewise, one must wonder if the convention can take place without some
form of prior negotiation. The proposed constitution is a highly
contentious issue and pledges of support can be withdrawn if the SPDC is
not prepared to compromise. Furthermore, the drafting process is likely to
be a long bumpy ride, made slower and more problematic if there is no
prior agreement on what will and can be compromised on.

Reportedly, the Burmese Prime Minister Gen Khin Nyunt assured the Kachin
and Karen leaders that they could discuss anything in the convention. All
they have to do is to show up and make changes to the 104 principles laid
down at the previous sitting of the conference. This could convince a lot
of undecided groups to join.

Participants to the convention must have clear trade-offs in mind. If they
are armed only with demands, the congress will fail. Opposition delegates
must be prepared to perform balancing acts between compromise and
principle.

One such area of compromise is the junta’s demand that 25 percent of the
seats in all assemblies be set aside for the military under the new
constitution. That is too much. But recall that the SPDC has said that
this should be considered as a form of power-sharing. The percentage must
be reduced to say 15 or 20 percent.

Also, the provision should apply only to national and peoples’ assemblies
and not to regional chambers. Whatever agreement is made on military
representation, it must not be looked upon as a permanent arrangement. If
the SPDC is adamant on 25 percent, the opposition groups must ensure that
the clause is amendable at a later date.

Another area that can be compromised on is the military demand for three
cabinet portfolios—the defense, home and border areas ministries. This can
also be accepted with alterations or amendments to current propositions.

The convention should be considered as the best hope right now for
resolution of the political deadlock

These are just a few examples. There are other areas where trade-offs can
be made in order to allay the fears of the Burmese generals. However,
compromise must be matched with principle. Put another way; any outrageous
military prerogative must be resisted.

First, there is the infamous "Number 6 Guideline," which calls for a
constitutional leading role for Burma’s armed forces in the future affairs
of the state. This must be opposed. At least, if this is not possible, the
opposition groups should not accept it without some form of alteration.

Second, the criteria for the election of the President must be
changed—specifically that he is to be elected through an electoral
college. In that case no civilian would ever be elected to the highest
office, which would cripple progress toward democracy and weaken
transparency and accountability.

Third, equally damning is the junta’s call for recognition of a provision
that would provide the military with special powers to declare a "state of
emergency." The armed forces could then legally overthrow an
administration any time it wished. The inclusion of such a provision in
the constitution must be opposed.

Fourth, any other attempts by the SPDC to make the military independent of
civilian control must be resisted at all cost. In the proposed
constitution there is currently no provision for parliamentary oversight
of the defense budget. It would also confer special powers on the Chief of
Staff of the armed forces.

Other prerogatives should be scrutinized critically. But the convention
should be considered as the best hope right now for resolution of the
political deadlock.

The success of the conference will be dependent on principled compromise
from both sides throughout the process. It is therefore imperative that
the SPDC breaks its silence over key policies and indicates how it is
prepared to compromise. At the very least, the junta should state whether
it really meant what it told the Kachin and Karen leaders. Otherwise, the
road map will become a roadblock.

The Burmese opposition groups must come out of the closet and articulate
their positions. They should drop the rhetoric, venture out and be
prepared to take risks. Uncertainty surrounding the convention must be
removed. But they must do so with a combination of compromise and
principle. Only then would there be any hope of a resolution.

Aung Naing Oo is a political analyst living in exile.
____________________________

Feb 10, Mother Jones
Courting Responsibility

Terry Collingsworth - Interviewed By Jaideep Singh

Terry Collingsworth and his colleagues at the International Labor Rights
Fund made history in 1996 by filing the first lawsuit against a U.S.
multinational for its alleged complicity in human rights abuses committed
outside the United States. This spring, a state judge in Los Angeles
finally began hearing arguments on the case, with Collingsworth as the
lead lawyer for the plaintiffs. If he prevails, human rights activists
could be given a remarkably powerful new weapon.

The case contends that Unocal Corp., the massive California-based oil
conglomerate, should be held accountable for human rights violations that
took place during the construction of its gas pipeline in Burma.
Representing 14 Burmese villagers forced by the Burmese army into working
on the pipeline, Collingsworth and his colleagues filed suit under the
Alien Tort Claims Act, a little-known 18th-century provision originally
drafted to protect against piracy. Just getting the matter to trial was a
sort legal landmark. The case marks the first time the alien tort law has
been used to sue a corporation – in the past, it has been applied only to
individuals. Now, if a jury finds that Unocal is responsible for the use
of slave labor, the company could be ordered to pay millions in damages
and may even be forced to hand over its profits from the pipeline.

On January 23, Unocal prevailed in the initial stage of the argument,
convincing Los Angeles Superior Court Judge Victoria Chaney that the
parent company must be considered legally separate from the Bermuda-based
subsidiary that actually contracted for the pipeline. Still, Collingsworth
is confident he will prevail. If he does, human rights activists in this
country could be handed a powerful new weapon, one he calls "a step toward
a world in which the multinationals can no longer get away with murder by
simply moving operations to places where they can get anything they want."

Mother Jones spoke to Collingsworth during a break in the trial.

MotherJones.com: You're suing a U.S. oil company in U.S. court on behalf
of Burmese villagers for violations committed in Burma. What's the
background?

Terry Collingsworth: Back in 1992, Unocal signed a contract with (the
French energy company) Total and the Burmese government for a gas
pipeline, with full knowledge of Myanmar's record of using forced labor.
The Burmese military, by contract, was in charge of security for the
construction.

The Burmese military started rounding up villagers and forced them to work
at gunpoint. They were forced to do tasks like clearing paths in the
forest, building bridge embankments, and served as porters for the
military. Some people were tortured and executed. Federal courts have
found, without exception, that Unocal knowingly benefited from this.

MJ.com: Your case depends on proving that Unocal had knowledge of the
situation in Burma. What are you saying they knew?

TC: In 1992, before they signed the pipeline contract, they hired a
company, the Control Risks Group, to assess the viability of doing
business in Burma. The report issued by Control Risks said that forced
labor was rampant in Burma, and that only a very high profit could justify
taking the risk of investing in the country. So we think Unocal made a
cost-benefit analysis and decided to go ahead.

For years, it was well known that forced labor was endemic in Burma. (The
State Department, Amnesty International, Human Rights Watch, the United
Nations, and the International Labor Organization all reported this.) Some
groups -- namely the Burma Forum and the Federation of Trade Unions of
Burma -- warned specifically about this project. They met with the
president of Unocal, John Imle, and they tried to get resolutions passed
at shareholders' meetings.

Unocal also consulted John Haseman, a former military attaché in the U.S.
embassy in Rangoon. He sent a report to Imle that said forced labor – and
even executions – were in fact taking place on the project, and that
Unocal could appear to be a collaborator. Unocal simply put that file
away.

MJ.com: The judge has ruled in favor of Unocal in Phase I of the trial. Is
that a significant setback for your case?

TC: It's true that Unocal won Phase I of our trial, which was focused
exclusively on whether Unocal Corporation, the parent company, can claim
to have a separate legal existence from the subsidiaries it created to
hold its interest in the Burma project that used the slave labor of my
clients to construct a gas pipeline in Burma. If we had won, then at Phase
II, the liability phase of the trial, we would have been able to establish
Unocal's liability simply by showing that ANY Unocal entity was
responsible for what happened in Burma. Now, however, we have another step
in our proof – we are going to have to prove that Unocal Corporation
directed and controlled the activities of its subsidiary, which then
participated in the decisions leading to the use of slave labor on the
project. We have the evidence to do this, and we will be in front of a
jury this time. So, we remain confident of our ultimate victory.

MJ.com: Some say that the way you're using ATCA betrays the intent of the
law. How do you respond to that?

TC: Well, look at actual statute; ATCA applies to "any civil action by an
alien for a tort only, committed in violation of the law of nations or a
treaty of the United States." My clients are aliens. Check. There is an
actionable tort – torture, execution, and slavery. Check. And it violates
the law of nations. Check. The case meets the statute, so we can proceed.
It's as simple as that.

Every appellate court has upheld this. There are two exceptions, which
represent extreme views. In a 1984, when he was a member of the U.S. Court
of Appeals for the D.C. Circuit, Robert Bork wrote a concurring opinion in
the case of Tel-Oren v. Libyan Arab Republic that challenged the use of
the ATCA in human rights suits. The other judges didn't agree with him,
and that's why he wrote a separate concurring opinion. The same goes for
Justice Raymond Randolph of the DC Circuit, who wrote a separate
concurring opinion in a recent case in which he argued that the First
Congress never meant to create a private right of action in U.S. courts
for violations of international law.

MJ.com: What other ATCA cases do you have pending, and what progress in
being made?

TC: We have filed a case against ExxonMobil for atrocities in Indonesia,
Coca Cola for abuses in Colombia, and both Shell and Chevron for abuses in
Nigeria, among others. I'm optimistic about progress because we have good
lower court rulings that uphold our right to sue. Progress is stalled on
the ExxonMobil case, which is frozen right now because a judge is sitting
on a motion filed by the State Department. The administration argues that
the case interferes with the war on terrorism by harming relations with
Indonesia.

MJ.com: How do you respond to the suggestion that such ATCA cases could
discourage investment in developing countries?

TC: That argument is even more ridiculous than the war on terrorism
argument. Some argue that governments might not welcome American investors
because that might subject them to scrutiny under a future lawsuit. In the
future, the thinking goes, Burma would reject foreign investment from a
company like Unocal because they don't want to risk being scrutinized in a
case like ours. That's laughable to argue that Burma, which is desperate
for investment, would say, "No thanks, we don't want your money." We've
got expert testimony in the Exxon case to debunk that thinking.

Some, like the State Department, argue American companies are at a
disadvantage because they will have to comply with international human
rights law, while other companies won't. The State Department has argued
that it would be better to have our upstanding, American values-exporting
companies there rather than, say, a Chinese company. But we're talking
about extreme crimes like execution and torture. I showed them a picture
of a client who had his forearm hacked off by a machete, with burns all
over his body. How much worse can it get? What are we worried about? That
the Chinese will come in and chop both forearms off?

MJ.com: Clearly the Bush administration doesn't like the way you're
seeking to use the provision. What actions are they taking?

TC: There are three things they can do, and they're doing all of them.
First, they can get the State Department to say that it interferes with
foreign policy. They've done that in the ExxonMobil case, and the judge is
still trying to decide whether the case should go forward. We argue that,
in our system of government, the executive shouldn't get to decide which
cases go forward, courts do.

They've also lobbied Congress to repeal the alien tort claims act. They're
not making much headway on that. Even a conservative Republican doesn't
want to be known as someone who bailed out oil companies by repealing a
statute passed by the first continental congress back in 1789.

The third thing they can do – and this is the most worrying for us – is
file briefs in ongoing cases arguing that the statute should not apply to
the given case. They've filed an amicus brief in our case. They're trying
to use the normally considerable prestige of the Justice Department and
the Solicitor General's office to try to convince courts that the statute
is wrongly interpreted.

MJ.com: We can make educated guesses, but in your view, why is the Bush
administration going after this so fiercely?

TC: Well, I would cite the New York Times editorial from a few months
back, when the Bush administration intervened in the case against
ExxonMobil for abuses in Aceh, Indonesia – headlined "Oily Diplomacy." If
I say it, it sounds crazy. But even the New York Times – which I consider
to be fairly conservative -- drew the conclusion that the only interests
being advanced by their intervention were those of the oil companies, many
of which have been sued under ATCA. The Bush administration argued the
case would hinder the war on terrorism. They're just looking to bail out
their friends. These guys didn't care about the ATCA until the oil
companies started getting sued.

MJ.com: Some say it's arrogant for America's legal system to rule on
wrongs committed elsewhere. What's your response?

TC: If there is a functioning legal system in a country, then there's no
reason to file the case here. As an advocate of human and labor rights, I
would love for every country in the world to have a functioning system so
they could handle their own problems. But my clients could not bring this
case in Burma. They'd be executed for even trying.

MJ.com: How did you put this particular case together?

TC: In the course of their work interviewing refugees along the Thai
border, the Federation Trade Unions of Burma (FTUB) – a group outlawed by
the Burmese regime – found that many of the interviewees said people were
forced to work on some international project that had them clearing paths
for construction. Piecing together the information, they figured out that
it was the Unocal/Total pipeline project. A leader of the FTUB called me
up. I later made trips to the border area to talk to people and verify
their claims. My 14 clients all worked on the Unocal project.

Maung Maung, the head of the FTUB, gathered the information we had, and
arranged a meeting with Dennis Codon, Unocal's Chief Legal Officer. Maung
suggested that an independent inspector be allowed into the pipeline
corridor. Fearing that an inspector's observations would be reported all
over the news, Maung reasoned, the regime might have stopped the abuse.
But after Maung made the suggestion, Codon never returned his calls.

MJ.com: Why did it take people so long to figure out that they could use
the law against corporations?

TC: We had so many planets that had to align. We had to have plaintiffs in
a repressive regime who had been injured by an agreement that involved a
human rights violation between a corporation and a government.
Fortunately, there just aren't many situations like that. Sometimes we
would hear of a situation, but there would be no plaintiffs because they
were afraid they would be murdered for coming forward. Sometimes it was
hard to prove there was an agreement between a corporation and a
government. And human rights groups like us just don't have the resources
to go out looking for problems. In this case, we had Burmese activists
approach us. It just took time to come across a situation that met all of
the strenuous criteria.

MJ.com: You've said that this case represents just one part of the issue
of corporate responsibility? Where does this fit?

TC: In the human and labor rights community, suing companies is our
nuclear weapon – our last resort. We try to talk to companies and
negotiate a better way. In the process of debating the alien tort claims
statute, I've met with and publicly debated the president of the U.S.
Council on International Business (USIB). I've met with the National
Foreign Trade Council, a group that lobbies for multinationals. I've said
if they don't like this litigation stuff, let's talk about alternatives.
We've suggested mechanisms such as a social clause in the WTO statute that
gives puts labor and human rights on the same level as intellectual
property, capital investment, and other rights that are protected for
companies. Thomas Niles, USIB's president, said "that'll never happen in
my lifetime." They're not serious about alternatives. They want to have it
both ways. So we're going to keep suing them and keep winning. And then
we'll say, "hey, how do you want to do this?"
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ANNOUNCEMENTS

Feb 11, United States Campaign for Burma
First Working Conference, 2004

You are invited to join hundreds of students, activists, and professionals
for an organizing conference, "Burma, Human Rights, and US Foreign Policy"
to be held at George Washington University in Washington, DC on March
27th, 2004.

The morning of the conference includes invited speakers from the US
Congress, Executive Branch, human rights organizations, and Burmese
dissidents in exile including elected members of the parliament.  The
afternoon session will focus on skills training for grassroots citizens
interested in supporting freedom and democracy in Burma.

Register online now at www.uscampaignforburma.org/conference/conference

"I think by now I have made it fairly clear that I am not very happy with
the word 'hope'. I don't believe in people just hoping. We work for what
we want. I always say that one has no right to hope without endeavor, so
we work to try and bring about the situation that is necessary for the
country, and we are confident that we will get to the negotiation table at
one time or another. This is the way all such situations pan out--even
with the most
truculent dictator."

1991 Nobel Peace Prize Recipient Aung San Suu Kyi, leader of Burma's
nonviolent democracy movement, who since May 2003 has been imprisoned in
her home by Burma's military regime

Help free the world's only imprisoned Nobel Peace Prize recipient and the
50 million people of Burma **
____________________________

Participate in "WALK FOR FREEDOM", an 8 kilometer walk-a-thon to benefit
the international struggle for freedom and democracy in Burma.

When:  Saturday, April 17th, 2004, 9:30 am
Where: Beginning and ending at the Jefferson Memorial, Washington DC Who
Can Participate: Professionals, students, homemakers, and anyone else can
participate as an individual or form a team.

Get more information and register online at www.uscampaignforburma.org

ABOUT BURMA
The Southeast Asian country of Burma is ruled by one of the world's most
brutal military regimes.  1991 Nobel Peace Prize recipient Aung San Suu
Kyi, the legitimate leader of the country, has been locked up for most of
the past 15 years.  Over 1,600 political prisoners languish behind bars,
while the regime commits unimaginable abuses to maintain its grip on
power. Women are systematically raped, and innocent civilians are forced
into modern-day slavery.

Use your feet.  Raise your voice.
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