Bernard Kouchner's Report




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:

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 Learning Projects (CDA).
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).
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

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.
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.
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.
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."
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.
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

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."
Rectify a number of anomalies. Physicians participating in Total's program, for example, are overpaid compared to their public sector counterparts.
Get villagers involved in the area of health care to develop their self-reliance. This has already been done in the area of agriculture.
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.
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

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.
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.
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.