European Parliament resolution on the political situation in Burma
Date: 2001-10-04
Institutions: European Parliament
Subjects: EU relations, Myanmar/Burma, authoritarian regime, government violence, opposition

11.4.2002

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Official Journal of the European Communities

C 87 E/263

Thursday 4 October 2001

10.
Calls on the Commission and Council for a global report on the situation, cooperation and ini-
tiatives in the region, and calls on the Commission and Council to submit to it, as soon as possible,
a joint EU strategy for the southern Caucasus, taking account of the interests of those countries’ popu-
lations and of the EU in a region of Europe which occupies a strategic position as the gateway of Europe
to Central Asia;

Instructs its President to forward this resolution to the Commission, the Council and the govern-

11.
ments of Armenia, Azerbaijan and Georgia.

21. Political situation in Myanmar (Burma)

B5-0622, 0639, 0650, 0656, 0657 and 0664/2001

European Parliament resolution on the political situation in Burma

The European Parliament,

’ having regard to its previous resolutions on Burma,

in particular its resolutions of 16 September

1999 (1), 18 May 2000 (2), 7 September 2000 (3) and 16 November 2000 (4),

’ having regard to Common Position 96/635 CFSP on Burma/Myanmar of 28 October 1996 and the

extension thereof of 9 April 2001,

’ having regard to Council Regulation (EC) No 552/97 of 24 March 1997 temporarily withdrawing

access to generalised tariff preferences from the Union of Myanmar (5),

’ having regard to Council Regulation (EC) No 1081/2000 of 22 May 2000 prohibiting the sale, supply
and export to Burma/Myanmar of equipment which might be used for internal repression or terror-
ism, and freezing the funds of certain persons related to important governmental functions in that
country (6),

A. whereas December 2001 will mark the tenth anniversary of the award of the Nobel Peace Prize to
Aung San Suu Kyi and this will be recognised in Oslo, Norway; whereas Aung San Suu Kyi was
awarded the Sakharov Prize for Freedom of Thought in 1990,

B. whereas Aung San Suu Kyi, who has constantly tried to restore democracy through peaceful means,
and other leading figures from the National League for Democracy (NLD) have been under house
arrest for over a year, and whereas the government still declines to indicate any date for their release,

C. whereas Aung San Suu Kyi, as leader of the democratically elected majority party, the National League

for Democracy, is the only legitimate representative of the Burmese people,

D. having regard to Japan’s decision to resume aid to Burma in order to encourage talks between the

military junta and the opposition party, the NLD,

E. whereas talks between the country’s military rulers and Aung San Suu Kyi, which were negotiated by
the UN Special Envoy, Razali Ismail, have now been taking place for eleven months, and can be
considered an important step,

(1) OJ C 54, 25.2.2000, p. 111.
(2) OJ C 59, 23.2.2001, p. 284.
(3) OJ C 135, 7.5.2001, p. 283.
(4) OJ C 223, 8.8.2001, p. 335.
(5) OJ L 85, 27.3.1997, p. 8.
(6) OJ L 122, 24.5.2000, p. 29.

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F. whereas the EU Troika mission, which visited Yangon in January 2001, was able to confirm the
existence of talks between the leaders of the NLD and the SPDC and concluded that these contacts
were promising, but that they were at a delicate stage and not irreversible,

G. whereas the absence of democracy in Burma is conducive to the presence of armed groups with links

to international terrorism,

H. whereas the systematic use of forced labour continues in Burma in spite of repeated promises made by

the Burmese authorities to the International Labour Organisation,

I.

having regard to the discriminatory treatment, including human rights abuses, of the ethnic minorities
in Burma, which represent up to 40 % of the population, including the continuing policy of forced
relocation and the forced labour practices imposed on the Karen, Karenni and Shan people,

J. whereas the International Federation of Chemical, Energy, Mine and General Workers Unions has
called on oil and gas companies ‘to cease investment in Burma while the use of forced labour con-
tinues’,

K. whereas the International Confederation of Free Trade Unions has called for the imposition of invest-

ment sanctions on Burma,

L. whereas the Council is due to review its common position on Burma/Myanmar at the end of October

2001,

M.

reiterating its condemnation of the failure to respect the results of the May 1990 elections and the
maintenance of military rule, and regretting that the Committee representing the People’s Parliament
created in 1998, which represents the Parliament elected in 1990, has still not been allowed to con-
vene,

1. Welcomes the talks initiated by the UN Special Envoy Razali Ismail;

Urges the SPDC to schedule regular visits by the UN Special Envoy in order to reassure the inter-

2.
national community that the talks are making progress;

Urges the military to speed up the process of political dialogue since the confidence-building secret

3.
talks have now been going on for almost a year;

Calls for caution in relation to the talks, given that there has not yet been any substantial release of
4.
political prisoners, and it is increasingly clear that substantive issues have not yet been discussed in the
political dialogue taking place between Aung San Suu Kyi and the military junta;

Stresses that there is no information emanating from the talks between Aung San Suu Kyi and the
5.
military government, and therefore calls for a clear joint statement from both parties which would give the
international community and the people of Burma the essential information they need on the progress, or
otherwise, of the talks;

Urges the SPDC to demonstrate convincingly its intention to bring about national reconciliation by

6.
initiating a broader dialogue and promoting further progress towards democratisation;

Notes with satisfaction a number of demonstrations of good will on the part of the military junta,

7.
including the reopening of some local branches of the NLD;

8. Welcomes the release of an estimated 160 political prisoners since the beginning of the year, includ-
ing the President and Vice-President of the NLD, but calls for a clear timetable to be drawn up for the early
release of the many remaining hundreds of political prisoners, and believes that Aung San Suu Kyi should
be allowed immediate freedom of movement;

9.
Believes that in the absence of any progress in the talks in Rangoon the EU common position should
not be weakened in any way, and should in fact be strengthened to include action on investment sanctions
if no progress is made in the talks by the next time the EU common position is reviewed;

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Stresses that the military regime in Rangoon needs to understand that the EU does not regard

10.
minimal concessions as a sign of real change;

Urges the SPDC to take steps to improve the human rights situation and to put an end to the
11.
widespread practice of torture, extra-judicial executions, the repression of ethnic minorities, as well as to
massive forced relocations and civilian abuse; strongly condemns the violation of the rights of the Shan,
Karenni and Karen people;

Stresses the need to implement strictly the law of October 2000 banning the use of forced labour

12.
and to ensure the actual end of this widespread practice;

Calls on the Commission to investigate how humanitarian aid can be delivered to the areas most in

13.
need of it with minimum political interference by the military;

Instructs its President to forward this resolution to the Council, the Commission, ASEAN member

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states, the NLD and Aung San Suu Kyi and the SPDC.

22. Patenting of human genes

B5-0633, 0641, 0651 and 0663/2001

European Parliament resolution on the patenting of BRC A1 and BRC A2 (‘breast cancer’) genes

The European Parliament,

’ recalling its resolution of 30 March 2000 on the decision by the European Patent Office with regard
to patent No EP 695 351 granted on 8 December 1999 (1), calling on the EPO ‘to ensure that all …
patent applications in Europe do not violate the principle of non-patentability of humans, their genes
or cells in their natural environment …’,

’ having regard to the ‘Advice on the patentability of the human genome’, adopted by consensus by the
International Bioethics Committee of Unesco (IBC) at the conclusion of its Eighth Session on 14 Sept-
ember 2001 which states ‘that there are strong ethical grounds for excluding the human genome from
patentability’ and further recommends ‘that the World Trade Organisation (WTO), in its review of the
TRIPS Agreement, clarify that, in accordance with the provision of Article 27(2)1, the human genome
is not patentable on the basis of the public interest considerations set out therein, in particular, public
order, morality and the protection of human life and health’,

A. whereas a US company, Myriad Genetics, has been granted US patents on the so-called ‘breast cancer
genes’ BRC A1 and BRC A2 and has applied to the European Patent Office for patents on these genes
as well,

B. whereas, in the US, genetic laboratories are licensed by Myriad Genetics to test for a very limited
number of mutations of BRC A1 and 2 only (with a fee payable) and are obliged to refer for any
further testing to Myriad Genetics, thus incurring further and considerable expense,

C. whereas cheaper and more effective methods of testing for breast cancer genes BRC A1 and BRC A2
exist in the European Union and whereas the existing US patents are already impeding their use,

D. whereas the European Patent Convention, in particular its Article 52.2(a), stipulates that no patents
shall be granted for discoveries, and Article 53(a) excludes from patentability inventions, the pub-
lication or exploitation of which would be contrary to public order or morality,

(1) OJ C 378, 29.12.2000, p. 95.