Southeast Asia

Oil firm's pullout buoys Myanmar lobby
By Tom Fawthrop

LONDON - After Britain's Premier Oil finally yielded to years of pressure from a British lobby and pulled out of its controversial US$650 million investment in Myanmar last month, human-rights campaigners hope to escalate their campaign to halt all Western investment in the Southeast Asian country. The military junta's systematic use of torture and the routine deployment of forced labor gangs have been documented and condemned in a series of United Nations reports and resolutions.

Premier Oil's Yetagun gas pipeline from Myanmar to Thailand represented one of the biggest sources of European financial support for the State Peace and Democracy Council (SPDC) government in Yangon. It was the first oil company to sign an exploration deal with Myanmar's military in May 1990 and gas started flowing in May 2000.

In 1990 the military junta annulled election results that showed a landslide victory for the opposition National League for Democracy led by Nobel Laureate Aung San Suu Kyi. Many Myanmar-solidarity groups sprang up in Western countries to pressure their governments to cut off all aid to Yangon and stop any foreign investment in support of the regime.

The latest success in driving foreign investment out of Myanmar was hailed by Burma Campaign UK director John Jackson as a warning to other investors. Jackson declared: "The demise and fall of Premier is a warning to any company thinking about investing in Burma - it's more trouble than it's worth. We won't stop here, we won a battle but not the war. The pressure needs to be turned up on TotalFina and Unocal, who are as guilty as Premier for propping up one of the most brutal regimes in the world."

The former US administration of president Bill Clinton administration imposed full sanctions against any US investments in Myanmar. The British government implements the European Union guidelines that ban all military and economic aid to Myanmar, and denies visas to prominent SPDC and government leaders.

The British Labour government's former foreign secretary Robin Cook had also urged the UK oil company to get out of Myanmar. "I'm going to make it quite clear, we do not approve of what Premier are doing, they know that perfectly well. We would much rather they stopped and they know that perfectly well." But Premier Oil still refused to withdraw.

During 2001 many other investors did withdraw, including 18 Australian companies. Pressure is mounting on all the remaining oil companies investing in Myanmar. Unocal and TotalFina are currently facing separate court actions over human-rights violations. Non-governmental organizations argue that the oil companies provide financial support to the state-run Myanmar Oil and Gas Enterprise (MOGE).

Constructive or destructive engagement?

A debate has raged throughout the 1990s on the best way to bring about change in Myanmar - by sanctions and keeping up the pressure or by quiet diplomacy and investment dubbed by Association of Southeast Asian (ASEAN) countries as a policy of "constructive engagement".

However, the pro-democracy movement saw "constructive engagement" as nothing more than a cover for profits and propping up a pariah regime. Aung San Suu Kyi, Myanmar's pro-democracy leader and Nobel laureate, declared: "Premier Oil is not only supporting this military government financially, it is also giving it moral support, and it is doing a great disservice to the cause of democracy. It should be ashamed of itself."

Premier's partners comprised of Petronas of Malaysia, Nippon of Japan, the Petroleum Authority of Thailand (PTT) and the junta's own oil and gas company, MOGE. Premier's share in the consortium was 26.67 percent.

The field is expected to produce gas for at least 20 years. UK energy consultancy Wood Mackenzie has estimated that Myanmar's earnings from Premier's Yetagun field would have been about $823 million through to 2025.

Yetagun is the second gas field to start extracting gas in Myanmar, the Unocal/Total consortium's Yadana field being the first. Construction of both pipelines is now complete and both projects share a common gas buyer, PTT.

Both the Yetagun and Yadana projects in the remote Taninthayi region of southern Myanmar have been plagued by human-rights controversy. In March 2001, 15 Myanmese citizens who claim their human rights were violated by the construction of Unocal's pipeline defeated Unocal's attempt to remove their cases from the California State Court.

But Premier was not easily swayed from its chosen path of engagement and profit. In response, Premier produced a social audit report dealing with the impact of the project in Myanmar, as well as mapping out monitoring practice in the future to ensure net benefits to local communities. The report stressed "a process of stakeholder engagement", but crucially it failed to engage those most affected by the company's investment - those who have experienced human-rights abuse. Burma Campaign dismissed all Premier's efforts as "window-dressing which was designed to conceal the reality of destructive engagement".

The foreign investor exodus

Premier Oil claims its pullout was not motivated by the pressure from the international protest and the pro-democracy lobby, but was purely a business decision. However, Jackson told Asia Times Online: "What really triggered the withdrawal was the exposure of the two directors from Amerada Hess, a US company sitting on the board of Premier Oil in violation of UK company law, and US sanctions against investments in Burma."

Amerada had told US shareholders that their investments in Premier would not be used for the Myanmar project, but in reality no such stipulation was made, which exposed the US partner to legal action in violation of US sanctions and also company law in the United Kingdom.

In recent years there has been a spate of foreign investment projects withdrawing from Myanmar. The Anglo-Norwegian engineering group Kvaerner ASA announced the cancellation of a $30 million deal with Premier Petroleum Myanmar Ltd within 24 hours of having signed the deal. The cancellation came after fierce public criticism from the Norwegian media and human-rights groups.

Sara Lee, a leading retailer of underwear in the United States with nearly $17.5 billion in annual revenue and owner of Hanes, Hanes Her Way, Leggs, and Just My Size brands, ceased production of its garments in Myanmar. In a letter to the Free Burma Coalition, Sara Lee vice president and chief counsel Melvin L Ortner wrote, "We want the Free Burma Coalition to know that production in Burma violates both our global operating principles and our supplier selection guidelines ... two of our licensees did use Burma facilities in direct violation of their contract with us ... We have taken immediate steps with both licensees to confirm that neither will make our product in Burma again."

In January the Burma Campaign UK won a major victory over the Swiss company Triumph International, which has been producing garments in Myanmar. After a short and aggressive high-profile campaign against Triumph, the company agreed to withdraw from Myanmar by May.

Total foreign investment in 2001 shrank to a mere $17.5 million even though EU guidelines for dealing with Myanmar are very far from being real sanctions. Investors and ASEAN had hoped that the release of Aung San Suu Kyi from house arrest this year would be the beginning of real dialogue between the generals and the opposition on how to move the country out of its current political and economic quagmire. However, in spite of the economic crisis, the generals appeared to be committed to clinging to power, sending a negative signal to foreign investors.

After the success in ousting Premier Oil, the next ones on the "dirty list" in the sights of British human-rights groups are the accountancy firm PriceWaterhouseCoopers and the Kuoni Travel business in Britain. Kuoni is based in Switzerland and has vacation business interests in Britain including Kuoni Travel in Dorking, plus House of Specialists and Voyages Jules Verne in London. It also controls Alp Air Holdings in Jersey but its main involvement in Myanmar comes through a Pandaw and Pagodas cruise operation it runs to Yangon and Mandalay.

With fewer and fewer Western investors, Myanmar is increasingly dependent on its regional friends, led by Malaysia, Singapore and China, all anxious to exploit the country's rich natural resources. But without political change, that investment will not be enough to stem the country's spiraling economic decline.

(©2002 Asia Times Online Co, Ltd. All rights reserved. Please contact content@atimes.com for information on our sales and syndication policies.)
 
Oct 11, 2002


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