May 2004 Myanmar: Gem Paradise, Human Rights Hell A country located in Southeast Asia, roughly the size of Texas and home to approximately 47 million people, Myanmar has long been the focus of human rights groups for the egregious human rights abuses that are committed on its people by the military junta that rules the country. Myanmar, the country many still call Burma, supplies the world with 95% of its fine rubies and even more of its jadeite jade, and sets the standard by which other sources' gems are compared. Myanmar's economy is dependant on its gems, which also include sapphire, peridot and spinel; they are the country's fifth-largest export, at $30 million per year. However, this part of Myanmar's economy and others are under fire as a result of a 2003 U.S. law that bans products originating in Myanmar. U.S. lawmakers hope to put pressure on the ruling military regime to allow democratic elections, cease the human rights abuses against its own people and free democratic leader Aung San Suu Kyi. But the U.S. law has yet to have a strong effect on the gem trade, due to existing supplies of Burmese gems that were already in the pipeline before the law took effect. Also, most gems from Myanmar pass through other processing and cutting centers, such as those in Thailand, so U.S. Customs may not be stopping some gems that actually originate from Myanmar. In order to understand more about the human rights issues at stake in Myanmar and the role played by gemstone mining, here is a brief history. A look at the gem industry's arguments for and against the U.S. ban also is included. Colonial Rule European merchants established trading posts in Burma in the mid-eighteenth century to tap its vast mineral and agricultural wealth. During this period, Burma became known not only for its gem and mineral trade, but also for its world leadership role as a rice exporter. Shortly after diplomatic relations between England and Burma soured in the early nineteenth century, the English army invaded and took the capital city of Rangoon. Between the first invasion in 1824 and 1886, a series of wars led to the establishment of colonial rule throughout Burma, leaving the indigenous people with only limited autonomy. British colonists set out to modernize and improve the country's economy, building roads, hospitals, railways, river steamers, and introducing urban sanitation and electricity to major cities including Rangoon. English colonists emphasized education and Western-style schooling. The University of Rangoon was founded in 1920 and its students began demanding more autonomy for Burma that same year. Leading up to World War II, Burmese activists staged several riots that turned violent, leaving thousands dead. During the war, the Burmese Independence Army, led by Aung San, a leader of the demonstrations in Rangoon, saw the war as an opportunity to expel the British and aided the Japanese in driving them out. The English fled to India, and American forces took Rangoon from the Japanese in May 1945. Independence and the Struggle for Democracy After the war, the Burmese, led by General Aung San, demanded political and economic autonomy. In 1947 a constitution was drafted and on January 4, 1948, Britain granted the country its independence. At this point in its history, Burma was headed in a positive direction in part because of its modernization under British colonial rule. U Nu, another leader of the student movement, became prime minister and attempted to continue developing the economy and improving the standard of living by building a national identity and political institutions. However, within three months, chaos erupted. Communist organizations were in open revolt and other conflicts between ethic and religious groups complicated the situation. After fourteen years of attempted parliamentary democracy, General Ne Win staged a military coup seizing power for his Socialist group. He established what he called "the new order" and published his communiquŽ, "The Burmese Way to Socialism." Nearly all businesses and industries were nationalized, including the gem industry, and the nation sank into poverty. It quickly became one of the ten poorest countries in the world. It was renamed Myanmar by the military leaders in 1987. By the 1980's, extreme poverty and political mismanagement caused severe unrest among the people of Myanmar. In 1988, students at the University of Rangoon organized pro-democracy demonstrations. Their ideas spread across the nation as millions took to the streets. The State Law and Order Restoration Council, often refered to as SLORC, under Ne Win's command, used violence to silence the protesters. Soldiers fired openly into crowds, killings thousands. However, Ne Win was forced to resign, leaving his military cronies in power. Aung San Suu Kyi, leader of the National League for Democracy and daughter of independence leader Aung San, was arrested during a pro-democracy demonstration in 1989. She was in prison when the government yielded to international and domestic pressure and held elections in 1990. The government grossly overestimated the numbers of its supporters, and Aung San Suu Kyi's NLD won 82% of the house seats. Unfortunately, SLORC did not give up power; instead, it intensified the repression of dissident groups. In 1997, SLORC, in an attempt to quiet international outcries against these injustices, was renamed the State Peace and Development Council. Human Rights Abuses The military junta of Myanmar utilizes a system of forced labor that the United Nations called "a modern form of slavery." In 1998, the International Labor Organization estimated that approximately eight million people had been forced into labor under threats of rape, torture and murder. Many are forced to work in government-controlled gem mines or to build roads to mining areas. Some, based on ethnicity, are taken as porters for the army. They are forced to carry equipment and supplies, act as human shields or minesweepers, or are assigned to sentry duty. Often porters are mistreated and denied food, water, and shelter. There are well-documented accounts of mass rape as a weapon to intimidate women, as well as the drafting of children into the army. Myanmar, a country with no external enemies, has a standing army of 400,000. In addition to the outright mistreatment of its people, the military government has allowed the country to fall into a state of severe poverty and disrepair. Myanmar has one of the highest poverty and infant mortality rates in the world. It has a lower life expectancy than any other country in Southeast Asia and an estimated functional literacy rate of only 30%. These deplorable conditions have caused a massive exodus from Myanmar, sending more than two million people into Thailand. Most refugees, because of immigration quotas, are forced to live in refugee camps on the border of the two countries and work at minimal rates in the large cities. Other large parts of Myanmar have been "ethnically cleansed," causing the creation of a large population of Internally Displaced Persons. One million IDPs have been forced to live in the jungle region that borders Myanmar and Thailand. Myanmar's Economy Since the nationalization of private businesses and industries in 1962, Myanmar's ruling military junta has been in control of the nation's economy, including the gem industry. Companies maintain complete disregard for the environment with only quick profits in mind that often benefit only the junta. There are no restrictions on mining practices that hurt the environment, nor are there any means of protecting the safety or human rights of miners. In recent years, economic liberalization has increased economic production. Rangoon had become more developed, but the majority of the population, which lives in rural areas, has seen little change. Daw Aung San Suu Kyi Suu Kyi is a hero of the people of Myanmar and A world-respected voice for democracy in a country of oppression and government-imposed suffering. She is the leader of the NLD and winner of the 1990 democratic elections that were ignored by the SPDC. When her party won the elections, she had been under house arrest for almost a year for leading public demonstrations. After six years and much international pressure, the SPDC released her in 1995; she returned to streets. After her release she began speaking to hundreds of people outside of her house, calling for economic sanctions against Myanmar. She was put under house arrest again from 2000-2002, and again released under international pressure. On May 30, 2003, Suu Kyi and her supporters were attacked by what is said to have been a government-instigated mob. Scores were killed in the attack, and Suu Kyi was again detained, this time, in prison. Referred to as "The Lady" by her own people, she won the Nobel Peace Prize in 1991. Inspired by Mahatma Gandhi and Dr. Martin Luther King, Jr., Suu Kyi uses peaceful demonstrations to spread her ideas and calls for peaceful democratic reform and free elections. Economic Sanctions and Change On July 18, 2003, American President George W. Bush signed the Burmese Freedom and Democracy Act of 2003 (H.R. 2330), banning the importation into the U.S. of any product that is produced, manufactured, mined, grown, or assembled in Myanmar. This ban prohibited gems bought from Myanmar after August 28, 2003 from being traded with the U.S. Because many Thai gem dealers have large stockpiles of gems mined before that date, American jewelers have seen little change in the prices or availability of gems that are prevalent in Myanmar, including rubies, sapphire, peridot and spinel, as well as jadeite jade. Additionally, difficulties identifying the origin of gems further hinder the effectiveness of the ban. Those opposed to the trade sanctions against Myanmar fear that they will have little effect on the junta and human rights abusers but will severely injure many who already suffer. Some also believe that this already repressive regime may tighten its control over its people out of paranoia about security. Opponents of the ban also think that sanctions coming from the U.S. will have negative effects but will not be enough to provoke change. China, one of Myanmar's major trading partners along with Thailand, Malaysia, India, and Singapore, has condemned the U.S. ban. Some gem dealers also fear that retailers who are willing to turn a blind eye to the U.S. law will simply replace U.S. gem sellers who support the ban. Instead, it's feared they'll begin buying from overseas suppliers not affected by the U.S. ban. Supporters of the U.S. ban against products produced in Myanmar argue that it acts as a formal censure of the government's actions and lends credibility to those who are working against it, such as Aung San Suu Kyi and the NLD. A trade restriction is a non-violent weapon that has increased international attention on Myanmar, something that its reclusive government seeks to avoid. Additionally, according to Min Zaw Oyo, Outreach Director at the Free-Burma Coalition, "The economic sanction largely affects a sector of [the] formal economy that is mainly controlled and operated by the regime. Burmese people are still depending on the informal economy for their day-to-day survival. The sanction has very limited effect on the informal economy [the] majority of Burmese rely on. The European Union and United Nations have not yet joined the United States in sanctions against Myanmar. Since June 2003, EU has been discussing trade sanctions and pledged to take action if the conditions under the military regime did not improve. The government of Myanmar's promise of a move towards a democratic system has been proven a sham, however, in light of reports of a deterioration of the human rights situation from international groups such as Amnesty International and the U.N. Human Rights Rapporteur. The regime also held a national convention as part of its "plan for democracy," but representatives from NLD were threatened with as much as twenty years in prison if they so much as expressed their political views. Despite these reports of the true situation in Myanmar, the EU and U.N. have yet to take action. Aung San Suu Kyi and NLD are still calling for European trade sanctions. Currently, there is not even a U.N. arms embargo on Myanmar. American jewelers who wish to ease the suffering of the Burmese people, regardless of how they feel about the U.S. ban, may be interested in the Jewelers' Burma Relief Project, spearheaded by Illinois Jeweler Brian Leber. This is an industry-led effort currently working to raise money for the Foundation for the People of Burma, a San Francisco-based organization providing "direct assistance with medical, educational, as well as micro-business development deep within the country of Burma." For more information on the Jewelers' Burma Relief Project, contact Brian Leber at info@Leberjeweler.com. - by Julie Eubank Julie Eubank is a 2004 graduate of Moorestown Friends School, Moorestown, NJ. She will attend Haverford College in the fall. Links: Foundation for the People of Burma Burma Campaign UK U.S. Campaign for Burma