91997E3674

WRITTEN QUESTION E-3674/97 by Patricia McKenna (V) to the Commission (19 November 1997)

Subject: Involvement of the Total oil company in Burma

The French oil company Total and the US company Unocal are both involved in building a natural gas pipeline in Burma. The two companies are in a partnership with the Myanmar Oil and Gas Enterprise (MOGE), which is controlled by the ruling military junta, the State Law and Order Restoration Council (SLORC).

Burmese troops are reported to have been used by the two companies to provide security and oversee construction of the pipeline. There are numerous allegations that the troops have been involved in human rights abuses, including forced labour, involuntary relocations, torture, rape and in some cases murder.

Oil companies, including Total and Unocal, are the largest legal source of foreign currency to the SLORC. The Burmese military regime has been widely condemned by the international community for its abuse of human rights and democracy.

Given that a company domiciled within the EU is alleged to be linked to serious human rights abuses in Burma, will the Commission investigate these allegations? What action does it propose to take on this issue?

Answer given by Mr Marín on behalf of the Commission (6 January 1998)

The Commission has no authority to undertake the action requested by the Honourable Member against individuals or companies domiciled within the Community.

In the course of the scheme of generalised tariff preferences (GSP) investigation on forced labour in Burma under Article 9 of Council Regulation (EC) No 3281/94 of 19 December 1994 applying a four-year scheme of generalized tariff preferences (1995 to 1998) in respect of certain industrial products originating in developing countries ((OJ L 348, 31.12.1994. )) which led to the withdrawal of GSP preferences for Burma, the Commission learned of the allegations mentioned by the Honourable Member.

The investigation, however, did not confirm the alleged links of Total to human rights abuses committed by Burmese troops. Moreover, it has to be recalled that the only purpose of this administration investigation was to establish the existence of practices of forced labour in Burma, and not to identify individual responsibilities.