
Background
As an authority on Southeast Asia and its history, a humanitarian doctor
specialized in public health and crisis issues, a politically engaged public
servant and a personal acquaintance of Myanmar dissident Aung San Suu Kyi,
Bernard Kouchner had all the necessary qualifications to provide a critical,
impartial opinion of Total's actions in Myanmar. That's why the Group
commissioned his consulting firm, BK Conseil, to send Dr. Kouchner to Myanmar to
form his own opinion on site, and give his comments and recommendations.

The mission
Dr. Kouchner's mission involved three stages:
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Establishing a wide range of preliminary contacts with representatives of
humanitarian NGOs active in Myanmar or monitoring the country's situation, as
well as with Mary Anderson, President of The Collaborative for Development
Action (CDA). |
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Reading a number of reports, notably the US Department of Labor's Report on
Labor Practices in Burma (2002-2003) and the International Crisis Group's
Myanmar - The Politics of Humanitarian Aid (2002). |
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Visiting Yangon and the Yadana pipeline region from March 25 to 29,
2003. |
In the seven villages he was able to visit extensively in the allotted time,
Dr. Kouchner met with members of the Village Communication Committees and
managers of a number of agricultural projects. He held lengthy interviews with
medical teams, physicians and midwives, talked with Total's onsite expatriate
staff, and visited the Yadana project's onshore technical facilities.
Although his mission was completed before the serious events of late May
2003, when Aung San Suu Kyi was arrested, Dr. Kouchner stated at the end of his
report that these events did not change his positive opinion of Total's
presence. However, he felt the Group should respond by "breaking the silence" it
has maintained on the country's political situation.

Summary of Bernard Kouchner's report
a) Observations
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Total is the target of allegations that would be refuted by an onsite
investigation. The company has a strict Code of Conduct and treats local
villages with respect. Moreover, the highly technical nature of the project is
obviously incompatible with the use of forced labor. |
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Total has been criticized for signing a contract with a regime that was and
still is a dictatorship. This is an accusation that underlies all criticism of
the Group. |
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The Socio-Economic Program introduced by Total has been a real success,
resulting in quality medical care and education, a sharp decline in disease,
improved health standards, an increase in farming and animal husbandry,
good relations with
villagers, and the eradication of forced labor. |
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Total and humanitarian NGOs in many parts of the world are confronted with
the same problem: should they help people in non-democratic countries? According
to Dr. Kouchner: "In almost all cases, we need to help them [but] it is easy for
do-gooders to criticize these efforts since they are far from the danger." |
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While the Myanmar regime deserves the criticism it has received, its
opponents are much more indulgent with regard to human rights violations in
other countries that they feel should not be criticized at this time. This
double standard may seem very unfair to Total, but that's the way things
are. |
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For understandable reasons, such as its principle of neutrality and
determination to make no mistakes in the pipeline region, Total is too
inward-looking and overly focused on its operations. |
b) Recommendations for the Socio-Economic Program
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Extend the program's geographic reach and promote it as a model that can be
transferred to other parts of the country. Total's initiative in the pipeline
region "is so successful that it may make others jealous." |
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Rectify a number of anomalies. Physicians participating in Total's program,
for example, are overpaid compared to their public sector counterparts. |
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Get villagers involved in the area of health care to develop their
self-reliance. This has already been done in the area of agriculture. |
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Give Total's health care initiative national scope by supporting the
introduction of health centers in other parts of the country, promoting the
establishment of a Pasteur Institute in Yangon and expanding the use of generic
drugs. |
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Communicate more openly about the SEP and share experience gained in the
field with NGOs operating in Myanmar. |
c) Approach the Yadana project as a humanitarian and a political problem
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By refusing to speak out on the country's political situation, Total may be
censured in much the same way as the Myanmar regime, and its humanitarian
program may be perceived as mere window dressing. |
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Total, in its own way, needs to "take a stand" by clearly expressing "a
preference for democratic regimes" or, at the least, a commitment to human
rights. The Group must work for Aung San Suu Kyi's liberation - if not openly,
then behind the scenes. |
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Total also needs to open the pipeline region more fully to any outside
observers who would like to visit. |

Total's comments
Bernard Kouchner's report, like the CDA's reports, corroborates the quality
of Total's Socio-Economic Program. It makes a number of comments and suggestions
that the Group will take fully into account to ensure the program's long-term
viability and expand its scope.
The report also poses questions about the role the Group should play
in bringing about political change in Myanmar. In the particular context
of the
country, Total does not intend to interfere in discussions between the
political factions present or comment publicly on these issues, in
line with the
neutrality imposed by the Code of Conduct. But this did not stop the
Group from officially voicing its concern during the events in May
2003 that culminated in
the arrest of Aung San Suu Kyi and marked a serious setback on the path
to national reconciliation. Total is aware that its responsibility
to the people of
Myanmar does not stop at the boundaries of the pipeline region. This
is why it has extended its socio-economic initiatives outside the area
to include support
for a national program to combat blindness deployed by Helen
Keller International, financing a detection and treatment program
for HIV/AIDS patients at the Mandalay Hospital and funding of orphanages
that are home to 1,000 children in the Yangon region. The Group is examining
other actions
that would increase the
positive impacts of the Yadana project for the people of Myanmar. It
regularly invites outside observers to visit the region and intends to
expand this
policy. The questions raised by Dr. Kouchner are in line with Total's
commitment to implementing projects to promote the development of host
countries.