October 20, 1999 -- The Women’s Division decided on Friday to sign on with a number of other non-profit organizations to an amicus brief that will be presented to the Supreme Court in a case that could be the "defining case for the new millennium."
The friend-of-the-court brief is asking for the Supreme Court to review the Massachusetts Burma Law, which discourages multi-national corporations from doing business in Burma (Myanmar), a country on record for their human rights violations.
If the Supreme Court agrees to review the case, this will be the first time a case of this magnitude has come before the Supreme Court. Approximately 600 corporations under the name of the National Foreign Trade Council challenged the State of Massachusetts recently because of its procurement guidelines, which gave a 10% cost preference to bids from companies without business operations in Burma.
"Official reports of the U.S. government, the United Nations and the International Labor Organization find that the military government of Burma has violated international standards of public morality," says the Burma-Law appeal from the Georgetown University Law Center. "These abuses include forced labor, suppression of a democratically elected government, suppression of individual political rights, torture, rape, and various forms of discrimination against ethnic minorities."
The amicus brief, drafted by Peter Rosemblum of Harvard Law School, will focus on human rights implications of the case. It argues that while the U.S. Senate ratifies international human rights agreements, the Senate has allowed states to implement them within their own scope, such as through state purchasing arrangements.
Harvard, Yale and Georgetown law schools are working together to provide pro-bono services for the drafting of these briefs.
Support of this brief is not a new venture for the Women’s Division. During apartheid in South Africa, the Women’s Division encouraged many cities and states to use their purchasing power to bring about change in South Africa. This amicus brief will encourage the Supreme Court to review the case, and could be crucial in arguing various points of law that support the Massachusetts position. Connie Takamine, Women’s Division treasurer, added that the Women’s Division also has been engaged in various corporate shareholder resolutions related to business ventures in Burma.
"Signing on to this brief fits into our policy within the United Methodist Church, our Biblical mandates, and our legacy of work seeking to protect the human rights of women, children and youth," said Pamela Sparr, executive secretary for environmental justice for the Women’s Division.
If the Supreme Court does not overturn the Massachusetts ruling, the impacts could be grave, according to Ms. Sparr.
"Cities’ and states’ traditional authority to determine how they would spend their money would be sharply curtailed. Multinational corporations could challenge and ignore laws that advance labor, environmental, human, social and economic rights under the guise of ‘free trade.’ Advancing corporate interests in this way would supersede international commitments regarding child labor, prison labor, environmental protection, affirmative action, etc.," said Ms. Sparr.
The Women’s Division represents United Methodist Women, a one-million member organization whose purpose is to foster spiritual growth, develop leaders and advocate for justice. Members raise more than $20 million a year for programs and projects related to women, children and youth in the United States and in more than 100 countries around the world.
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