B4-1105, 1146, 1170, 1173, 1181, 1182 and 1203/96

Resolution on the political situation and continued human rights abuses in Burma

The European Parliament,

- having regard to its previous resolutions on Burma,

- having regard to the Council declaration of 5 July 1996 on the political situation in Burma, which calls in particular on the State Law and Order Restoration Council (SLORC) to respect the fundamental rights of the Burmese people,

A. deeply concerned at the SLORC's denial of basic human rights in Burma and noting that Burma is categorised by the UN as a least developed country,

B. reiterating its deep concern at the circumstances surrounding the death of James Leander Nichols on 22 June 1996,

C. whereas the SLORC has detained more than 800 National League for Democracy (NLD) members of the unconvened Parliament since 26 September 1996,

D. noting that, since the end of March 1996, more than 80 000 people have been forced by the Burmese army to leave their homes and villages in Shan State and Karenni State,

E. noting that Aung San Suu Kyi, winner of the Nobel Peace Prize and the Sakaharov Prize and democratically elected leader of the Burmese people, recently reiterated her offer to open a dialogue with the SLORC, and regretting that this offer was turned down by the SLORC,

F. noting once again that Aung San Suu Kyi has called on the international community to implement economic sanctions against the SLORC,

G. noting that on 17 September 1996, the US Congress passed the Cohen-Feinstein Amendment and that, under this legislation, the US President will prohibit new businesses from investing in Burma if the SLORC rearrests Aung San Suu Kyi or carries out large-scale repression in Burma, and noting that, on 3 October, US President Clinton signed a Proclamation barring any SLORC members or their families from entering the USA,

H. noting that the Commission is preparing to respond to the evidence presented at an investigation into forced labour in Burma, and aware that other authoritative estimates have calculated that forced labour accounted for a significant part of Burma's GDP in 1994-5,

I. whereas the General Affairs Council of the European Union will be meeting on 28 and 29 October 1996 and is due to consider the imposition of further measures against the SLORC,

J. whereas all foreign direct investment in Burma, and in particular investment by EU firms, has to be made via joint ventures with companies or financial institutions which are entirely in the hands of the Burmese military,

K. whereas the EU considers the promotion of democracy and respect for human rights to be an integral part of its relations with third countries,

L. whereas, under Article J.2 of the Treaty on European Union, the Council may define a common position on any matter of foreign and security policy of general interest,

M. whereas Mrs Sung Hngel, an active opponent of the SLORC, was arrested by the Indian authorities on 7 August 1996 and charged with illegal entry into the country,

N. pointing out that, if Mrs Sung Hngel is declared an illegal immigrant in India by the Court, which will hold the third hearing on her case on 22 November 1996, Mrs Hngel will be deported to Burma, where she might be executed by the Burmese army,

1. Reaffirms its unshakeable attachment to respect for democratic principles and human rights and its conviction that the development of democracy and the rule of law and economic development are interdependent;

2. Strongly condemns the violations of human rights and fundamental freedoms being perpetrated against the Burmese people;

3. Is particularly concerned about the fate of the more than 80,000 people who have been forced by the army to leave their homes in Shan State and Karenni State since the end of March 1996, accompanied by gross human rights violations and arrests;

4. Is equally concerned about reports that the UNHCR repatriation programme of 250,000 Rohingya refugees from Bangladesh back to Burma might be jeopardized by the fact that the human rights situation in Arakan State, place of origin of the Rohingya Muslim minority, has further worsened since their exodus in 1991, and that forced labour in many areas has increased to an average of twenty days per month;

5. Calls once again on the SLORC to provide a full and satisfactory explanation of the circumstances surrounding the death in custody of James Leander Nichols;

6. Confirms its opinion that the SLORC has shown itself incapable of participating in any form of critical dialogue with the international community likely to achieve a transition to democracy and respect for human rights, and calls on the international community to take steps through the UN to isolate the SLORC both politically and economically;

7. Reaffirms its opinion that foreign direct investment in Burma makes an important financial contribution to the SLORC, while failing to provide even indirect benefits to the Burmese people, and therefore welcomes the recent decisions by already 15 international companies to cease investments in Burma;

8. Notes with concern reports to the effect that investment by UNOCAL and Total in Burma has caused significant violations of human rights and has indirectly led to both forced relocation and forced labour;

9. Supports those ASEAN countries who announced that they oppose full membership for Burma and calls on all ASEAN members to refuse Burma's application for membership until the SLORC has stepped down from power and democratic rule has been restored, bearing in mind that Burma's full membership would harm relations between the EU and ASEAN;

10. Calls on the Commission to ensure that it employs only those aid agencies whose operations are clearly independent of the SLORC when it provides Burma with humanitarian aid;

11. Welcomes the determination of the Danish Government to secure forceful measures by the EU against the SLORC following the death of James Leander Nichols;

12. Expresses its concern that the inquiry of the Commission that must lead to the withdrawal of GSP is taking so long and asks the Commission to present the conclusions of its inquiry into the use of forced labour and present them to the Council and Parliament without delay, bearing in mind that the withdrawal of GSP would cost Burma tens of millions of US dollars per year and that such a sanction is the only immediate step which may be taken to put effective pressure on the SLORC;

13. Calls on the Council to respond to Aung San Suu Kyi's request that the EU implement economic sanctions against the SLORC by ending all links between the European Union and Burma based on trade, tourism and investment in Burma by European companies when it meets on 28-29 October 1996;

14. Expresses its concern about the arrest of Mrs Sung Hngel and calls on the Indian authorities to suspend legal proceedings and grant her refugee status;

15. Instructs its President to forward this resolution to the Council, the Commission, the SLORC, the NLD, the government of India, the UN Secretary- General and the boards of all European companies investing in Burma.