June 20, 2000 - The Women’s Division of the General Board of Global Ministries announced their disappointment today on a Supreme Court decision that holds a lot of significance for human rights advocates in this country.
The Supreme Court ruled that states cannot use their purchasing power to influence companies doing business in countries known for human-rights abuses if the federal government has already established foreign policy in dealing with these countries.
The decision looked at whether a Massachusetts law could limit state purchases in Myanmar because of the country’s human rights abuses. Massachusetts gave a 10% cost preference to bids from companies not doing business in Myanmar, formerly the country of Burma.
The Women's Division was one of the non-profit organizations who signed on to an amicus brief in October showing support for the Massachusetts law.
"The government of Burma has pressed over 5.5 million people into slavery in the past decade. Those are their numbers. That’s 11 percent of their population. Eleven percent of the population in the United States were slaves in 1860," says Bob Stumberg, professor of law at Georgetown University, and author of the amicus brief.
"This is a government that wants to compete in terms of its economic and international trade based on a slave-type subsidy. It obviously raises moral concerns for anyone doing business in Burma. Massachusetts said ‘no’ to this," says Stumberg.
Forty-seven states have more than 150 laws that show preferences for human rights considerations, environmental considerations, job creation or labor protection, and other things when they procure contracts.
"This procurement agreement says that governments can only buy based on price and performance," says Stumberg.
"We now know that advocacy to make changes in already-established trade policy can only be done at the federal government level and at the individual level," says Marilyn Clement, executive secretary for economic justice of the Women’s Division. "We need to band together as the people and use our buying power to affect change in countries such as Burma. And, we need to write letters, call and visit our Congressional leaders and the President to ensure that trade policy considers human rights abuses, environmental considerations, fair labor practices, and more."
A lower court threw out the Massachusetts law earlier this year after it was challenged by approximately 600 anonymous corporations under the name of the National Foreign Trade Council.
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. The Women's Division has also been engaged in corporate shareholder resolutions challenging business ventures in Myanmar.
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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