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Article

30 Aug 2016

Author:
Vicky Bowman, China Dialogue,
Author:
薇姬•鲍曼, 中外对话,
Author:
薇姬•鮑曼, 中外對話

China faces tougher laws in Myanmar

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…[T]he new government will prioritise reducing damage by mining. Many of these destructive activities have involved Chinese businesspeople…Hanging over the China-Myanmar relationship, and dominating every press conference, is the question of the Myitsone dam…Shortly before her recent visit to China, she announced the creation of a new commission to examine the dam…

…In 2012, Myanmar established an environment ministry for the first time, and adopted its Environmental Conservation Law…[which] led to the adoption…of Environmental Impact Assessment Procedures.  This regulation makes explicit the need for international standards…to be adhered to in the absence of Myanmar national law on issues such as the rights of indigenous peoples and resettlement…

While Myitsone is unique, the lessons it raises are relevant for other investors, particularly those companies – mostly Chinese…The first lesson is that there is now a legal framework for environmental and social protection in Myanmar…The second is that the public’s voice can now be heard…and it has power. It needs to be engaged, honestly, and listened to….The third lesson is that although the real cause of the problem is a poorly considered and executed government decision, the investor company will be blamed…Companies…should proactively respond to and disclose information, and map and engage with stakeholders at local and national level…Another essential step companies need to take to reduce their risk is due diligence…