implemeNtAtioN of the
EnvironmEntal ConsErvation
law iN myANmAr
1
Authors
Mikael Hildn, Kirsi Mkinen, Jorma Jantunen, Mikko Jokinen, Raimo Lilja, Maung
Maung Than, Salla Rantala, Thiri Aung
Donor partners
This research has been possible because of the generous support of the Ministry for
Foreign Affairs of Finland and United Nations Development Programme (UNDP).
Disclaimer
The views expressed in this publication are those of the authors, and do not necessar-
ily represent the views of the United Nations, including UNDP or their Member States.
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Acknowledgements
Acknowledgements
This study was undertaken with the financial support of the Government of Finland, Ministry for Foreign
Affairs, in co-operation with UNDP and the Government of Myanmar. Important support and guidance
throughout the study was provided by the Ministry of Environmental Conservation and Forestry (MOECAF).
Other Ministries in Myanmar with tasks connected to environmental matters were also open and supportive
and provided important information and insightful comments for the study. A large number of international
organisations, domestic civil society organisations and non-governmental organisations, environmental
consultants and experts in regional and local governments used their time for the study and contributed
with their views, knowledge and experiences to provide a rich picture of the environmental governance in
Myanmar and visions for the future. Numerous development partners also took an active interest in the work
and provided both critical remarks and encouragement. All of these contributions are gratefully acknowl-
edged.
5
Needs assessment for effective implementation of the Environmental Conservation Law
tAble of contents
Acknowledgements 5
Table of Contents 6
Executive Summary 8
Overview and approach of the needs assessment 8
Findings of the assessment 8
Roadmap and key recommendations 10
6
Table of Contents
5. Next steps 91
References 92
List of laws and regulations reviewed 94
Appendix 1. Parties consulted during the needs assessment process 96
Appendix 2. Workshop proceedings and participants (22 and 25 May 2015) 98
CSO workshop on Environmental Management in Myanmar 22.5.2015 98
Private sector workshop on Environmental Management in Myanmar 25.5.2015 108
7
Needs assessment for effective implementation of the Environmental Conservation Law
executive summAry
overview and approach of the needs arising from the ECL and key environmental chal-
lenges facing Myanmar:
assessment
The objective of this needs assessment was to 1. National and regional planning to implement
identify areas in Myanmars current environmental environmental policies
governance that should be strengthened to better 2. Environmental licensing, including EIA and SIA
respond to current and anticipated environmental 3. Pollution control
challenges. The focus is on the effective imple- 4. Management of chemicals and hazardous
mentation of the recent Environmental Conser- substances
vation Law (ECL, 2012) that provides the general 5. Urban environmental management
legal framework for environmental conservation in 6. Economic mechanisms in environmental
Myanmar and the role of the Environmental Con- protection
servation Department (ECD) of the Ministry of Envi- 7. Conservation of natural resources, biodiversity
ronmental Conservation and Forestry (MOECAF) as and cultural heritage
the main actor responsible for its implementation. 8. International environmental agreements
Coordination, cooperation and participation of 9. Environmental information management,
other line ministries and organizations is needed dissemination, research and training
to implement the environmental conservation in 10. Access to environmental justice
ECL.
Based on the gaps and needs, priority areas for
strengthening the role of the ECL and its imple-
The assessment was funded by the Ministry for
mentation were identified at the policy level, in
Foreign Affairs of Finland (MFA) and United Nations
practical implementation of the regulatory frame-
Development Programme (UNDP) Myanmar and
work, in capacity development, information man-
carried out by a team of experts from the Finnish
agement, monitoring capacity and research, and
Environment Institute (SYKE) and UNDP. It is based
in public participation and access to information.
on an extensive review of official and informal
documents, available studies and project reports.
A large number of interviews were carried out with
government officials, development partners and
independent experts. Two consultation workshops findings of the assessment
were organised to engage views of civil society
organisations (CSOs) and representatives of the Myanmar has a well-developed set of general
private sector on environmental governance and environmental strategies and objectives. Bold and
management in Myanmar. Based on the collected strong visions for the state of the environment and
data, the regulatory framework for environmental sustainable development have been enshrined
conservation and management in Myanmar was in environmental policies and development
analysed along with the existing governance ar- strategies and reaffirmed repeatedly in official
rangements and practices, capacities and resourc- speeches and statements. At the same time, sev-
es for its implementation. Recent and ongoing eral important challenges have been identified in
activities by development partners to support the implementation of the policies and steps towards
environmental governance in Myanmar have also realization of these visions.
been covered in the assessment.
The study confirms the complexity of environ-
From the various data collected, gaps and needs mental governance in Myanmar. Several branches
were analysed for the following thematic areas and several levels of government play important
8
Executive Summary
roles in ensuring environmental management and Several specific areas have been identified for
conservation. The need for coordination is recog- capacity development that would strengthen
nized in the ECL, but institutions, processes and the enforcement of the ECL. These include sec-
procedures based on the ECL are still in a formative tor-specific EIA guidelines and pollution control
stage. This is reflected in uncertainties with respect regulations concerning both emissions and am-
to procedures in environmental matters, unclear bient standards. Collection and management of
responsibilities and lack of detailed regulations adequate information and sufficient monitoring
and guidance. capacity are crucial for the practical enforcement
of the ECL. The information management needs
Despite active development and capacity building to be developed as a matter of urgency. It will
efforts to improve environmental governance, support the work of authorities, developers and
there are gaps in the fundamental administrative CSOs and also encourage public participation.
tools and setup needed for effective implementa- CSOs are developing capacities in environmental
tion of the ECL. Specifications of environmental matters and have access to a wide range of exper-
conditions to guide the implementation of major tise. By encouraging their participation especially
development and infrastructure projects are lack- in EIA processes, MOECAF and the ECD can obtain
ing. The collection and availability of baseline and important support for the implementation and
monitoring data - both with respect to emissions enforcement of the ECL.
and the state of the environment - registries of
environmentally significant activities are poorly The role of the Environment Sector Working Group
managed. These observed gaps create uncertain- (ESWG, a cooperation platform for the Govern-
ties for authorities, enterprises and civil society ment of Myanmar and international development
organisations. They hamper the collective learning partners (DP) to coordinate development partner
that could gradually improve environmental support to the environment sector in Myanmar1)
management in Myanmar. There is also a need for is important in ensuring coordination among
capacity building within the environmental admin- donor-financed activities in the environment
istration at the central and especially the regional sector. The large number of development partners
level. and ongoing and planned projects implies that
Myanmars authorities are able to get remarkable
Policy level development is needed to strengthen external support for their work. There is, for ex-
the enforcement of the ECL but also for ensuring ample, strong attention to the development of EIA
sufficient financing that the implementation re- among a number of development partners with
quires. The use of the polluter pays principle can many projects focusing on this area. At the same
provide resources and also ensure the continuous time, it also means that the ECD, as the principal
improvement of environmental policies. The legis- environmental authority, is under heavy pressure
lation in environmental priority areas needs to be to manage the support from development part-
supported by specific regulations and guidance ners. Coherence among the various interventions
as the ECL mainly provides a general framework. is essential and DPs should actively strengthen the
The ECD and its regional offices should, jointly coordination and cooperation of their technical as-
with other local authorities, use their legal powers sistance to ensure effective and coherent capacity
to initiate practical actions to improve the environ- building in the environment sector in Myanmar.
mental conditions through waste management, air
quality control as well as water and soil pollution.
Adequate implementation will require more
resources than are currently available. Adequate
resources can be obtained by establishing a fair
and legitimate public revenue collection system
for recovering costs of the environmental admin- 1 There is also an international Working Group on Environment
istration. under the Greater Mekong Sub-Region (GMS WGE), where ECD
is the focal point of Myanmar. This report focuses on the ESWG
in Myanmar.
9
Needs assessment for effective implementation of the Environmental Conservation Law
roadmap and key recommendations October 2015, will provide opportunities to specify
further details of these actions.
The main aim of the roadmap for improving envi-
In developing Myanmars environmental policies
ronmental policies and practice in Myanmar is to
and practice the role of the ESWG is important. It
identify necessary actions for significant progress.
has the potential to enhance social learning that
Some of these actions should be initiated as soon
helps the administration and development part-
as possible given that they will form the founda-
ners to focus and adjust activities for increased
tion upon which other activities can be built. These
effectiveness. The ESWG can ensure that develop-
actions are needed to address the fundamental
ment partner projects support daily duties that are
gaps in the ability to effectively implement existing
specified by the legislation. Coherence among the
environmental policies. Other proposed activities
DP projects is essential in this respect.
are by their nature longer-term efforts that require
feasibility studies or research projects which
The roadmap identifies five cross-cutting action
support the specification of detailed priorities and
areas. These include both urgent and immediate
future actions.
actions as well as longer-term commitments and
efforts. Cross-cutting actions are closely linked to
The current version of the roadmap does not thematic areas of action. Costs range from small-
include detailed cost estimates or timelines for scale projects to long-term significant investments.
individual activities. The cost will depend on the These are
level of ambition, the duration of interventions
and progress in general administrative capacities 1. Mainstreaming and integration of environ-
and practice. The roadmap provides indications mental considerations in relevant policy areas
of the magnitude and duration of the tasks. The such as forestry, mining, hydropower, oil and
project to formulate a National Environmental gas, agriculture and tourism.
Policy, Strategy Framework and Action Plan for 2016 2. Clarification of responsibilities between
to 2030 supported by UNDP Myanmar, initiated in authorities both horizontally and vertically
10
Executive Summary
Children watching a local football match from tree in Myitkyina, Kachin State. Myanmars rural
areas are seeing high rates of deforestation and environmental degradation. Mangshang Yaw Bawm, 2011
and the development of human resources of ment plans, watershed-based planning, but also
authorities. for long-term visionary development of economic
3. Ensuring the economic base for the environ- instruments.
mental governance and ensuring economic
sustainability of administration. In EIA, licensing and compliance monitoring the
4. Strengthening public participation and access objective should be to ensure that the systems
to environmental justice and information, for EIA, licensing and compliance control operate
especially in dealing with large-scale projects. smoothly and all stakeholders are able to partic-
5. Strengthening of existing and establishment of ipate in a fair and equitable manner. To achieve
new services in the environmental administra- this, action is needed to ensure the legitimacy
tion. and acceptance of the systems for EIA, licensing,
pollution monitoring and compliance control. The
The thematic areas of action aim at strengthen- highest priority should be given to actions that
ing the ECD and its role in implementing the ECL. ensure their effective implementation.
For each of the following thematic areas, an overall
objective has been identified along with priority The objective of pollution abatement and control
areas of action. is to significantly reduce the release of pollutants
into the environment. To achieve this, action is
With respect to planning, the objective should be required for improving analytical capacity to
to ensure that the principles and vision of Myan- detect and measure pollution, the specification
mars environmental policies are translated into of standards against which pollution can be mea-
specific actions supported by plans that guide and sured, on the job training for officials and industry.
prioritize them. To achieve this, progress is needed In addition, financing mechanisms for investments
particularly in terms of concrete action and invest- in pollution control are needed.
11
Needs assessment for effective implementation of the Environmental Conservation Law
For the management of chemicals and hazard- marine and terrestrial resources - are increasing
ous substances, the objective should be to ensure and action is needed to ensure progress towards
that the risks related to chemicals and hazardous sustainable practices. Priority actions include the
substances are minimized. Action is required at clarification of roles of authorities, community
the level of planning, clarification of the roles of management and taking biodiversity into account
authorities, capacity building of authorities and in- in all planning and management. The adoption
dustry as well as availability of laboratory capacity and implementation of international management
and treatment facilities. standards and practices such as CSR, the OECD
principles and IFC performance standards would
The need for effective urban environmental also contribute towards more sustainable man-
management is becoming increasingly urgent agement practices.
with rapid urbanization. The objective is to im-
prove urban planning and management of the Awareness raising, information management,
urban environment to allow for sustainable and research, dissemination and training - including
equitable urban solutions. This will require re- human resource development of the environmen-
viewing the responsibilities and tasks in planning tal administration - are of key importance. The
as well as mechanisms that ensure the adequate overall objective should be to significantly increase
implementation of the plans. Action is required at the environmental awareness at all levels of soci-
the level of planning and development processes, ety, ensure adequate management of environmen-
in specific areas such as waste and wastewater tal information and strengthen the production and
management, transportation, awareness raising, use of environmental information in Myanmar. To
public participation and financing of activities. achieve this, environmental awareness should be
developed through many separate steps starting
Conservation of natural resources and cultural with education in schools and higher education,
heritage, including protection of biodiversity is an as well as reaching decision-makers in society.
area only partly addressed in this roadmap. The This requires access to environmental information
objective should be to safeguard cultural and bio- which is supported by adequate data and knowl-
logical values of Myanmar and to ensure a sustain- edge management. This will also create a base for
able use of Myanmars rich natural resources. The the strengthening of environmental research.
pressures on Myanmars natural resources - both
12
Lists of tables, figures and acronyms
tables
Table 1 Main economic activities in Myanmar 19
Table 2 Distribution Registered Private Industrial Enterprises by Commodity Group in Myanmar 20
Table 3 Staff numbers in ECD in May 2015 31
Table 4 List of international conventions and agreements relevant for ECD and implementation of ECL 34
Table 5 Examples of policies, plans and strategies for achieving environmental objectives 39
Table 6 Universities and governmental research institutes 66
figures
Figure Pyramid for improving environmental practice 10
Figure 1 Domestic gas supply plan in 2014 (draft SOER, 2015) 21
Figure 2 General framework for the analysis 25
Figure 3 Different roles of the ECD in the implementation of the ECL 29
Figure 4 Organisational structure of MOECAF, June 2015 30
Figure 5 Organisational structure of ECD, June 2015 31
Figure 6 The distribution of development partner projects across categories 70
Figure 7 The different levels in striving towards improved environmental practice in Myanmar 72
Figure 8 Key steps in progressing towards better implementation of policies 79
Figure 9 Key steps in improving EIA, licensing and compliance monitoring 80
Figure 10 A conceptual sketch of an ICT-based system for handling EIA, licensing and inspections 82
Figure 11 Key steps in developing pollution abatement and control 83
Figure 12 Key steps in improving the management of chemicals and hazardous waste 85
Figure 13 Key steps in improving urban environmental management 86
Figure 14 Steps improving conservation of natural resources, biodiversity and cultural heritage 87
Figure 15 Important steps in strengthening awareness, improving information management and
developing capacity 89
Figure 16 Suggestions for updating and further development of the Myanmar Environmental
Information portal 90
Figure 17 The many different forms of skills and capacities needed in the public administration
to improve environmental practice in Myanmar 91
13
Needs assessment for effective implementation of the Environmental Conservation Law
14
Lists of tables, figures and acronyms
15
Needs assessment for effective implementation of the Environmental Conservation Law
pArt i
AnAlysis of the current
stAte of environmentAl
prActice
16
1. Introduction
1. introduction
1.1 background and overview of the Rural Development, and the Ministry of Culture
as well as regional bodies such as the City Devel-
assessment
opment Committees of Yangon, Nay Pyi Taw and
Myanmar is rich in natural resources and has nu- Mandalay. The National Environmental Conser-
merous opportunities for becoming a leading coun- vation Committee (NECC) with members from 19
try in the field of sustainable development. The ministries and special task forces can function as a
draft State of the Environment Report SOER (2015) coordinating institution.
underlines that pressures on natural resources and
biodiversity are mounting, including conflicts over In Myanmar international co-operation can
the use of resources. Problems related to pollution contribute to development in the environmental
of air and water, waste management, coastal and field. For cooperation between the Myanmar
marine management and land use need to be government and international development
addressed. Furthermore adaptation to climate partners, the Environment Sector Working Group
change, including disaster risk reduction, and op- (ESWG) has recently been established with the
portunities for avoiding greenhouse gas emissions, objective of ensuring that sectoral strategies and
are becoming an increasingly important part of the priorities are elaborated and that identified prior-
environmental policy of Myanmar. ity programmes and initiatives are implemented
with development partner support. The ESWG is
The observed development and projections of chaired by the MOECAF with two co-chairs from the
future change emphasize the importance of envi- development partner community (one multilateral
ronmental policies and governance that match the and one bilateral partner, in autumn 2015 UN-Hab-
Constitution of the Republic of the Union of Myan- itat and Finland.2 The ESWG has members from
mar (2008) and the National Sustainable Develop- line ministries relevant to the environment sector,
ment Strategy (NSDS) of 2009. The Environmental Civil Society Organizations (CSO) and INGOs.
Conservation Law (ECL) of 30 March 2012 provides
a broad frame for the environmental legislation, The importance of focusing on implementation
but there are more than 60 sector laws related to of the environmental legislation is recognized in
environmental protection (draft SOER 2015). This Myanmar (draft SOER 2015). Desirable steps to be
underlines the importance of policy coherence taken include action such as (i) strengthening the
and mainstreaming both at the level of written Environmental Conservation Committees at na-
legislation and at the level of practice, including tional, regional and local levels (ii) a fully staffed
cooperation and good working relationships be- (and funded) MOECAF (iii) promoting environ-
tween authorities, the private sector and citizens. mental awareness among people (iv) using smart
approaches to policy reform, such as combining
In addition to the Ministry of Environmental Con- voluntary, market and regulatory mechanisms (v)
servation and Forestry (MOECAF), several other consistent and coherent laws, regulations, sectoral
Ministries and authorities have important tasks policies and strategic plans and (vi) improved
in relation to environmental conservation, de- environmental quality monitoring as well as en-
pending on the subject matter. These include the forcement of relevant laws and regulations. The
Ministry of Industry, Ministry of National Planning draft SOER stresses that under the framework of
and Economic Development (MNPED), Ministry the ECL, improved rules and regulations should be
of Mines, Ministry of Energy, Ministry of Labour, notified as soon as possible and that by-laws are
Ministry of Transport, Ministry of Agriculture and essential for local implementation of the law. The
Irrigation, Ministry of Livestock, Fisheries and
2 Norway acted as the bilateral co-chair until June 2015.
17
Needs assessment for effective implementation of the Environmental Conservation Law
Based on the analysis, suggestions for the work The team would like to extend its gratitude to
plan of the ESWG are provided, including reflec- all parties and individuals who supported the
tions on the timing and magnitude of the tasks. The assessment process and development of the
recommendations focus on issues to be addressed report. In particular, we acknowledge the support
in future projects and activities by Myanmar and from the leadership and staff of the Environmental
the countrys development partners. These issues Conservation Department of MOECAF, the Ministry
include actions relating to policy design, develop- for Foreign Affairs of Finland and UNDP Myanmar,
ment of legislation and other governance tools, the Environment Sector Working Group including
capacity building and training, data and informa- line ministries and international development
tion management and environmental information partners, and representatives of civil society and
services, demonstration and pilot projects. private sector organisations. We would like to
thank all parties for their invaluable support for
The current study is closely linked with the work this assessment, which would not have been pos-
of UNDP Myanmar. The results support UNDPs as- sible without their generous inputs.
sistance to the Myanmar in formulating a National
18
1. Introduction
Pressure Development trends and issues Main concerns from the point of view of
the ECL
Agriculture Increasing large-scale farming, plantation Potential pollution from use of pesticides and
agriculture and associated pressures for land fertilizers, loss of biodiversity
use change
Forestry Increasing exploitation (legal and illegal Loss of biodiversity, carbon sinks, forest stock
logging), clearing of forest areas due to
expansion of commercial agriculture,
monoculture plantations (rubber, teak,
eucalyptus) and infrastructure projects such as
roads and hydropower dams
Mining Strong land use changes in virgin rural areas, Pollution of rivers and destruction of
conflicts over land ownership and use landscapes, soil pollution, human health
impacts
Oil and gas Increasing number of onshore and offshore Pollutions caused by exploration processes
exploration and areas and production fields
production Pollution caused by refineries (especially
near coker ponds)
Risk of emergency discharges (leakages,
blow-outs etc.)
Industrial The share of industrial production, (other than Organic load and polluting substances in
production mining, oil and gas but including construction industrial wastewaters and the generation of
material) in the GDP is gradually increasing. hazardous wastes from the use of hazardous
The food industry, wood processing and textile chemicals and substances are the main
are the main industrial sectors. The regulation concerns. Poor knowledge of the quality
of the environmental impacts of industry has of raw materials may cause a risk for the
been weak. product quality and safety and risks for
human health and environment.
Urbanisation About 30 % of the population of Myanmar lives Uncontrolled population growth, poor land
and waste in cities and urbanization can be expected to use planning and slum formation in big cities.
speed up dramatically. Sanitation, water safety Public health risks of poor sanitation, water
and waste management are poorly developed. safety and waste management.
Yangon, Mandalay and Nay Pyi Taw are taking
significant leaps in infrastructure development. Rapidly increasing traffic congestion in the
major cities is starting to cause air pollution
problems.
Lack of comprehensive urban planning
(including land use and zoning).
Energy, The final energy consumption and Increased CO2 emissions and pollution from
hydropower consumption of electricity per capita have use of fossil fuels.
increased, at the same time the energy Major energy infrastructure developments
intensity of the economy in relation to GDP has typically have strong impacts on nature and
decreased. Significant needs in electrification man and require EIAs. Major hydropower
remains, especially in rural areas. developments often cause significant social
problems and loss of biodiversity.
Coastal Increasing fishing and fish industry, Loss of marine resources, loss of biodiversity,
exploitation (fish aquaculture and tourism activities conflicts between different development
farming, capture projects
fisheries)
Road and other Changing land use, forest clearance Loss of biodiversity, deterioration of housing
infrastructure environment, forest fragmentation
construction
19
Needs assessment for effective implementation of the Environmental Conservation Law
1.2 key environmental concerns and of the trade - was smuggled across the border
through illicit export deals.4
pressures in myanmar
An examination of the draft SOER and other avail- Industry
able sources reveals a number of environmentally
significant pressures in Myanmar, both current Since its shift to market-oriented policies in
and expected in the future (Table 1). The scope of 1988/1989, the Myanmar Government has en-
the report does not cover the full range of these couraged private sector participation and foreign
pressures, but they serve to give an overview of investment in industry. The share of the industrial
the overall context of environmental management sector in GDP grew to 26% in 2010-11 from around
in Myanmar. Available statistics show, for example, 15 % in the 1990s. By 2010, a total of 25 enterprises
a decline in forest cover, an increasing ecological invested nearly $20 billion in Myanmar in agricul-
footprint per capita and increasing CO2 emissions ture (0.7%), mining (7.0%), oil and gas (50.9%),
per capita.3 There are connections between the de- manufacturing (0.3%), and the power generating
velopment trends. For example recent forest cover sector (41.1%). Other industrial products are tex-
changes have been attributed to development tiles, foodstuffs, pharmaceuticals, ceramics, paper,
of dams and expansion of agriculture as shifting chemicals, automobiles, agricultural machinery,
cultivation and oil palm plantations (http //bur- machine tools and electrical appliances, and tires
mariversnetwork.org/index.php/key-concerns/ and other rubber products. Top exports in 2010
environmental-impacts, Leimgruber et al. 2005). were gas (28.4%), agricultural products (13.6%),
Illegal logging is also recognised as a significant wood products (7.0%), and garments (4.3%) (ADB,
problem. According to reported estimates up to 2012a).
48 percent of the total amount of exported timber
There are around 45,000 registered private enter-
(22.8 million m3) between 2000 and 2013 was
prises in Myanmar, of which 5000 can be called
felled illegally, without any government permis-
major enterprises. The combined value of the
sion, while $5.7 billion worth of logs - or 72 percent
4 http //www.irrawaddy.org/burma/5-7bln-timber-smuggled-
3 http //www.gms-eoc.org/gms-statistics/myanmar burma-illegal-logging-rampant-report.html (visited 26.8.2015)
20
1. Introduction
industrial products is currently less than USD 1 bil- the state-owned company for pharmaceutical
lion, contributing only 10% to the total exports or industries.5
20% of total private sector exports. This is because
domestic consumption is the focus of Myanmar There are 18 privately-operated industrial zones
industries. Registered Private Industrial Enterpris- across the country, contributing about 4.8% of the
es are included in the categories listed in Table 2. countrys GDP according to the plan 2015-2016.
The food and beverages industry accounts for the Three key Special Economic Zone (SEZ) projects
largest number of Private Industrial Enterprises have recently been under development in Myan-
(60.93% in June 2015). mar:
State-owned enterprises under the Ministry of 1. Dawei Special Economic Zone in the Special
Industry (MOI) constitute a significant share of Economic Zones / Industrial Zones southern
the industrial production capacity in Myanmar. Taninthayi region, with Thai investors.
Several phases of privatization and reorganization 2. Kyaukphyu Economic and Technology Zone
have taken place. About 170 enterprises have tran- in the western Rakhine state, with investment
sitioned from state-owned to private firms since from China.
1995 (Kyaw Phone Kyaw 2015). In the fiscal year 3. Thilawa Special Economic Zone near Yangon,
2012-2013 the oil, gas and mining sector state- with assistance from Japan.
owned enterprises accounted for 28% of all public
Myanmar is also planning to set up seven local
revenues and 15% of public expenditures.
industrial zones in addition to the 18 already
existing. New industrial zones have so far been
The state-owned oil company and mining com-
announced for Tatkon in Nay Pyi Taw, Yadanarbon
panies have been criticized for poor transparency
in Mandalay, Hpa-an, Myawaddy and Phayathonzu
(Natural Resource Governance Institute 2015). In
in Kayin state, Ponnagyun in Rakhine state and
April 2015, three state-owned heavy industry en-
Namoum in Shan state (KPMG, 2013). SEZs are
terprises (groups of industries) were reorganized
potentially important for the implementation of
into about 30 subsidiaries representing different
the ECL, because they are coherent areas where
types of heavy industries from steel mills to rubber
and electric tools. In addition the MOI supervises 5 www.industry.gov.mm/en
21
Needs assessment for effective implementation of the Environmental Conservation Law
22
1. Introduction
some form of septic tank, but these are not rou- infrastructure, combined with underinvestment
tinely serviced, and proper treatment of the sludge in medical care, has contributed to severe health
from septic tanks is unclear. Informal settlements threats across the country. In 2010, the mortality
depend primarily on improvised latrines. (ADB, rate of children under 5 years old (48,485 per 1,000
2012b) live births) was higher than elsewhere in Southeast
Asia (UNICEF, 2013).
Solid waste is collected in cities, but the collec-
tion and disposal process involves intermediate Municipal solid waste in Myanmar consists of
street-corner depots and considerable manual organic waste (73%), paper and cardboard (18%),
handling. Significant informal recycling takes place wood (4%), plastic (2%), textile (2%), and other
in city areas and through scavenging at interme- materials (1%) About 22% of the municipal solid
diate depots and dump sites. Residual waste is waste in Myanmar is recyclable remaining waste is
deposited in open dump sites. Waste often ends managed using open dumping (73%), incineration
up in open drains, leading to stagnant wastewater (0.7%), composting (1.3%), and other methods
and thus increasing e.g. breeding opportunities (3%) (draft SOER 2015).
for mosquitoes. Inadequate environmental
Rapid urbanisation will put stress on land use and green spaces. Environmental Conservation Department
23
Needs assessment for effective implementation of the Environmental Conservation Law
24
2. Analytical approach and material
covers both formal institutions as well as the Ability of officials to respond to the arising
actual practices of implementation. needs flexibility in the organization to upgrade
Division of legislative and executive powers its capacities where it is most needed.
as well as roles and responsibilities across the Anticipated donor funding for the topic.
various administrative levels, particularly the
national and region/state administrations. Cross-cutting objectives:
Participation and accountability mechanisms
Cross-cutting objectives include gender
for stakeholder engagement and their status
equality, reduction of inequality and climate
(e.g. if implemented or not, how practices differ
sustainability.
from formal mechanisms, level of stakehold-
Integration and treatment of such cross-cut-
ers influence on decisions), how well these
ting issues in the ECL and its implementation
authorities give access to information and are
are assessed in line with the human rights
transparent in their administrative processes
based approach (HRBA) to development,
how well right-holders are aware of their rights
with focus on evidence to what extent and
and demand them (how well ECL and related
how principles embodied in the HRBA (e.g.
policies/strategies are understood). Capacity
participation, and inclusion, transparency and
to govern and control (minimise illegal and
accountability) are reflected in the regulatory
informal activities).
framework and its implementation in relation
Capacities and resources: to the cross-cutting objectives.
Focus is on the capacities that the duty-bear-
Existing capacities, resources and competenc-
ers have in regards to the ECL in fulfilling their
es of key actors (capacities incl. financial and
obligations. The ability of the right-holders to
human resources, skills, access to information
defend their rights and demand for them are
etc.) to fulfil their functions and competences.
also addressed.
Specifically, regarding financial resources
Attention is paid to the recognition of gender
allocations from the national budget towards
equality issues and identification of ways to
the implementation of environmental man-
reduce inequality, to promote the rights of
agement.
vulnerable groups, and equity in the sharing of
Gaps and needs for capacity development.
benefits and/or environmental burdens.
25
Needs assessment for effective implementation of the Environmental Conservation Law
Participants at the workshop on discussion for needs assessment for effective implementation of
Environmental Conservation Law, jointly organized by Ministry for Environmental Conservation
and Forestry, Ministry of Foreign Affairs of Finland and United Nations Development Programme.
Environmental Conservation Department
26
3. Environmental governance in Myanmar
Chapter 3 provides a general overview of the en- level, wards in the urban areas and village tracts
vironmental governance in Myanmar and how the in rural areas. Village tracts consist of groupings
different pieces of legislation and the actors relate of villages. The formal link in the coordination
to one another, including information on actors, between the various levels of governance is the
tasks, mandates, responsibilities and resources. General Administration Department (GAD) of the
Particular reference is made to the ECL and the Ministry of Home Affairs, involving a hierarchy of
roles of the ECD in its implementation. administrators at all levels (Kyi Pyar Chit Saw and
Arnold, 2014).
27
Needs assessment for effective implementation of the Environmental Conservation Law
Advancing democratic, administrative and fiscal The ECL is a framework law enabling coordination
decentralization largely depends on the possibili- between Government departments, Government
ties to amend the 2008 Constitution, a key issue for organizations, international organizations,
the democratization process in Myanmar (Nixon non-government organizations and individuals
et al., 2013 Patel et al., 2014). The constitutional in matters of environmental conservation. The
constraints are also seen as an impediment to last- chapters on the management of urban environ-
ing outcomes in the peace-building process, since ment (chapter VIII) and conservation of natural
the current legal decentralization framework does resources and cultural heritage provide MOECAF
not provide for the kind of political and economic with an advisory or complementary role with other
autonomy that the armed groups in conflict or authorities carrying the main responsibility for
cease-fire with the government pursue (Nixon et regulation and implementation.
al., 2013). In June 2015, the most recent proposals
to amend the Constitution failed to pass in the The duties of stakeholders that undertake activi-
Pyidaungsu Hluttaw. ties carrying a risk of negative environmental im-
pacts are defined in the ECL (articles 14-16, 22, 26,
28-30). Similar to the ECL the Environmental Rules
deal mostly with the duties of the authorities.
Rules concerning the proponents of activities are
3.2 environmental conservation law
laid down in rule 56, 63, 67, 68 and 69.
and the environmental authorities
The powers and duties of the Ministry have been
3.2.1 Overview of the ECL stipulated in ECL and further elaborated in the En-
vironmental Rules (ER, Notification No. 50/2014).
The objectives of the ECL include the systematic In many cases the Ministry will need the approval
integration of environmental conservation in the of the NECC or in some cases the Union Govern-
sustainable development process a healthy and ment to approve its stipulations. Within the min-
clean environment and the conservation of natural istry, the powers have been partly delegated to the
and cultural heritage for the benefit of present and Environmental Conservation Department (ECD) as
future generations. It is also intended to provide stipulated in the Environmental Rules (rules 23-26,
a legal base for the restoration and protection of 32-34, 39-40, 42c, 44-49, 51, 60, 66, 68). The rules
specific ecosystems, the sustainable management also recognize the Region or State ECD that may
of natural resources, international cooperation execute some of the duties of the central ECD.
as well as the promotion of public awareness
and cooperation in educational programmes for A detailed table of the powers and duties the
dissemination of environmental perception (ECL NECC, MOECAF and ECD in the implementation of
article 3). ECL is presented in Appendix 3. The duties can be
grouped into categories that reflect different types
Most of the law deals with the powers and duties of activities. In many activities the formal decision
of the National Environmental Conservation Com- making power is mainly with NECC or MOECAF,
mittee (NECC) and the Ministry (MOECAF). They but the preparatory and implementing duties are
are given the key role in laying down and carrying carried out by the ECD. The mixture of different
out national environmental policies, setting envi- types of tasks in the ECL makes it challenging to
ronmental standards, carrying out environmental determine the actual role of MOECAF and the ECD.
and social impact assessment and environmental As the ECL is recent it has not yet become fully
permitting, monitoring and enforcing pollution operational and the relationship between different
control, facilitating the settling of environmental authorities as well as the relationship between
disputes, implementing international environ- older legislation and the ECL is still in a flux. Thus
mental agreements and establishing financial for example tasks related to planning and coordi-
mechanisms for environmental management. nation are distributed between different units in
MOECAF and the ECD.
28
3. Environmental governance in Myanmar
29
Needs assessment for effective implementation of the Environmental Conservation Law
30
3. Environmental governance in Myanmar
31
Needs assessment for effective implementation of the Environmental Conservation Law
4). The Timber Enterprise carries out commercial with MOM, 30.4.2015). Some are recently enacted
activities whereas the Forest Department develops such as the Conservation of Water Resources
policies and maintains public activities. and Rivers Law (2006), Lands Management Law
(1/2012), the Prevention of Hazard from Chemical
Much of the capacity in MOECAF rests within the and Related Substances Law (28/2013) and the
Forest Department. When the Environmental Con- Chemical Law 28/2012. Based on these laws the
servation Department was formed on 26th January Ministry of Industry, Ministry of Mines, Ministry of
2012, it was allocated 156 officer posts and 247 Agriculture and Irrigation and other sector minis-
staff posts, totally 403 posts under the Ministry of tries play an important role in implementing the
Environmental Conservation and Forestry (Figure conservation of natural resources and prevention
5). This includes the staff of the Region and State of pollution within their own mandates. (Chandler,
level ECDs. This level of staffing has not yet been 2014).
realized and of officer level staff, nearly half of the
vacancies have not yet been filled (The Region The common practice in Myanmar of establishing
and State level ECDs operate under the Regional/ Committees or Supervisory Boards to coordinate
State Government with some variations in position the implementation of laws provides an opportuni-
depending on the exact administrative setup. They ty for MOECAF/ECD to be informed and to promote
have formally two divisions ) and thus the ECD op- the environmental aspects in the implementation
erates well below its expected capacity. The bud- of these laws.
get of ECD was 596 million kyats of current budget,
1380 million kyats of capital budget and totally Legislation and the procedures established by
1976 million kyats for the 2013-2014 financial year different authorities for the licensing of industrial
(National Comprehensive Development Project and other major development projects provide
in Environmental Conservation Sector from 2011- the crucial point of intervention for incorporating
2012 to 2030-2031). environmental aspects in the planning, imple-
mentation and monitoring of these activities. One
The Region and State level ECDs operate under the important licensing process is administered by the
Regional/State Government with some variations Myanmar Investment Commission (MIC) based on
in position depending on the exact administrative the Foreign Investment Law (FIL 2012) and Foreign
setup. They have formally two divisions Investment Rules (FIL Rules 2013). The law states
that businesses that can cause damage to the nat-
a. Administrative and Training/ Research Division ural environment and ecosystems or businesses
b. Environment and Resources Conservation that produce hazardous chemicals banned by in-
Division. ternational agreements or businesses that import
hazardous wastes to the Union are restricted or
banned (section 4 of the Foreign Investment Law).
3.3 other authorities and regulations The Commission may allow by the approval of the
Union Government, the restricted or prohibited
with important environmental
investments under section 4 for the interest of the
implications Union and citizens especially people of national
There are over 60 sectoral laws and rules that races (section 5 of the Foreign Investment Law).
have environmental provisions (draft SOER 2015). The Foreign Investment rules dictate that busi-
Some of them are relatively old such as the Public nesses that require an EIA must submit the EIA and
Health Law (1972), Private Industrial Enterprise SIA report together with the investment proposal
Law 10/1990, Fresh Water Fisheries law 9/1990, the (Foreign Investment Rules article 34). MIC has noti-
Mines Law (1994) and the Forest Law (1992). Many fied the types of businesses requiring an IEE or EIA
of them are under revision, for example the Mines (MIC Notification 50/2014 of August 2014 sets out
law and rules are being modernized and the objec- a list of Economic activities which require Envi-
tives of the ECL (such as the EIA requirements) will ronmental Impact Assessment). MIC can thus in in
be integrated in the new law and rules (interview principle raise the key environmental concerns in
32
3. Environmental governance in Myanmar
investments. The role and responsibilities of both ordinates the activities of the enterprises under
MIC and the Directorate of Investment and Compa- the Ministry of Industry in accordance with the
ny Administration (DICA) are likely to change when directions and guidelines of the Ministry. It also
the EIA procedures are fully operational. negotiates with foreign and local organizations for
new projects, acts as representative of Ministry in
Proposals that are natural resource-based in- the activities related to ASEAN and International
vestment businesses and investments under the Organizations. There are six regional industrial
State-owned Economic Enterprises Law, shall be training centres under the supervision of the DIC.
submitted to the Commission through the relevant (www.industry.gov.mm/en)
Union Ministry (FIL Rules article 36). DICA under
the Ministry of National Planning and Economic The sector ministries: the Ministry of Mines, Min-
Development (MNPED) is responsible for the im- istry of Industry and Ministry of Energy Ministry
plementation of the investment legislation. of Hotels and Tourism, Ministry of Construction,
Ministry of Electric Power, Ministry of Agriculture
All notable investments have to be submitted and Irrigation, Ministry of Livestock, Fisheries &
to the MIC as a condition for enjoying certain tax Rural Development, Ministry of Communications
benefits and import/export exemptions, to bring and Information Technology, Ministry of Environ-
in and repatriate capital, and to potentially access mental Conservation and Forestry, Ministry of
longer land leases. The Commission has formed Transport, Ministry of Rail Transportation, Ministry
a Proposal Assessment Team (PAT) to scrutinize of Commerce, Ministry of Finance and Central Bank
the proposals with the senior officials from ten of Myanmar have roles in licensing or registering
different authorities including ECD. The applicant the activities under their mandate. The Central
is informed of all required permitting procedures, Supervisory Board, which is formed by the Central
among them the EIA procedure (so called one-win- Leading Board, has a central role in the application
dow system). The project proponent is invited of license and registration certificate of the Chemi-
in the PAT meeting. Comments will be requested cal and Related Substances Business by the chem-
from the Nay Pyi Taw Council or relevant Region ical law (Prevention of Hazard from Chemical and
or State Government whether the proposal is Related Substances Law. No.28/2013, Chapter 7
acceptable or not and recommendations for the and 8). Ministry of Health regulates the prevention
measures to protect or minimize the environ- and control of the impacts of pollution on public
mental and social impacts will be requested from health, such as drinking water safety. Ministry of
the Ministry of Environmental Conservation and Agriculture and Irrigation regulates the product
Forestry (FIL Rules 43). MOECAF and the Regional/ safety of agrochemicals and promotes the safe use
State authority are obliged to reply within seven of these products (Fertilizer Law No.7/2002).
days (FIL Rules articles 44-45). After receiving the
required recommendations from sector author- No single institution is responsible for the overall
ities (FIL Rules article 46), the MIC will scrutinize management of Myanmars water resources. Cur-
the documents and take a decision of approval or rently, the Ministry of Agriculture and Irrigation is
rejection of the application will be decided by the the main ministry involved in water resources, with
Commission (FIL rules articles 48-49). The project the mandate to develop agriculture and irrigation,
proponent then has to complete the sector spe- but also the Ministry of Transport plays a role with
cific permitting and registration procedures (FIL its Department of Meteorology and Hydrology and
Rules article 54). The Myanmar Special Economic the Directorate of water resources and improve-
Zone Law (1/2014) Chapter 5 specifies that issues ment of river systems. In the Ministry of Agriculture
related to environmental protection are integrated departments include Water Resources Utilization
and coordinated. Specifically MOECAF has a say (responsible for groundwater), Irrigation, Depart-
in considering the need for an EIA. This may assist ment of Agriculture land management and statis-
in achieving smooth an effective environmental tics (DALMS), and Agricultural Planning. Indirectly,
permitting. the Ministry of Agriculture and Irrigation plays an
important role in rural water supply through its
Directorate of Industrial Collaboration (DIC) co-
33
Needs assessment for effective implementation of the Environmental Conservation Law
Table 4: List of international conventions and agreements relevant for ECD and implementation of ECL
34
3. Environmental governance in Myanmar
35
Needs assessment for effective implementation of the Environmental Conservation Law
isations (CSOs) as the multitude of associations in development planning. However, there is lack
around which society voluntarily organizes itself of clarity on the formal (de jure) functions of the
and which represent a wide range of interests and committees in the absence of operating guidelines
ties. These can include community-based organ- or terms of reference. The role of these public
isations, indigenous peoples organisations and bodies is limited to an advisory one in support of
non-government organisations (http //stats.oecd. township management committees (TMC), which
org/glossary/detail.asp?ID=7231). consist of township head of departments from key
ministries with a responsibility to collate priorities.
In Myanmar, a growing number of CSOs are taking The degree to which TMCs seek advice from TDSC
an active interest in environmental governance. and W/VDSC varies. The procedures according to
They include charity organisations, religious which the members of TDSC and W/VDSC have
groups, organisations of ethnic groups, environ- been selected, and hence which segments of the
mental organisations, human rights organisations society they represent, differ significantly from
and business organisations. A number of interna- one township to another across the country. A con-
tional non-governmental organisations are also sistent factor is the low level of representation of
active in Myanmar. The CSO workshop organised women in the committees. The awareness of local
for this assessment brought together a variety of people of these committees still appears to be very
different CSOs (see Appendix 2 for details) whose low (UNDP Myanmar, 2015a, 2015c).
activities range from the guarding of specific local
interests to environmental education and general Other mechanisms for participation in public plan-
societal development. Discussions at the work- ning in rural Myanmar include village-level meet-
shop demonstrated that CSOs can make signifi- ings with the Village Tract Administrator (VTA),
cant contributions to environmental governance the Village Clerk or 10 Household Heads, elected
in Myanmar. They are able to raise environmental representatives of a grouping of households. The
awareness, provide observations on the state of GAD organizes regular coordination meetings,
the environment, act as watchdogs in environ- dedicated committee meetings, public meetings
mental monitoring and support community based at the village level and public display of written
management of natural resources. notices to communicate government policies (Kyi
Pyar Chit Saw and Arnold, 2014 UNDP Myanmar,
There is no comprehensive registry of CSOs in 2015c). According to a local governance study by
Myanmar, but the Association Registration Law of the UNDP, access to information on public affairs at
July 2014 (No. 31.2014). The Registration Law aims the local level typically works through the VTA and
to implement a system for registration of NGOs and the 10 household heads, while media is much less
INGOs, which the Government recognises work for followed (UNDP Myanmar, 2015c). These channels
the benefit of Myanmar citizens, and contribute are thus vital for information on e.g. participation
to a strong civil society. The Registration Law is opportunities to reach the lowest levels. Following
also intended to provide for the free formation this hierarchical chain of communication and
and movement of organisations as well as regu- securing the participation of the right people was
lating the relationship between NGOs, INGOs and considered a challenge by consultants organizing
responsible Government Ministries. There is still a EIA consultations (workshop for private sector, 25
lack of implementing regulations to make the law May 2015).
work as intended.
CSOs are increasingly participating in environ-
mental planning at different levels of governance,
3.5.2 Participation processes
through membership in governmental committees,
Since 2013, the Presidential Notification No working as experts and consultants in government
27/2013 has mandated the establishment of or international NGOs projects, and through
township and ward/village tract development piloting sustainable technologies and contributing
support committees (TDSC, W/VDSC) to enhance their experiences to public policy planning. In the
participation of local people and organizations CSO workshop organized as part of this assessment
36
3. Environmental governance in Myanmar
in Yangon (22 May 2015), it was noted that there the government and through protest action is still
were different types of CSOs in Myanmar engaging risky due to vague constitutional provisions allow-
in varying ways in environmental governance. ing forming associations and freedom of speech so
Some are expert organizations with highly skilled long as it does not threaten peace, law and order
members, for example retired government officers or morality (Constitution, 2008, section 354).
acting close to non-profit consultants. Some are
ethnic-based CSOs with a focus on regional politics, Recent legal reforms have granted access to civil
many in diaspora, while others have grown out of society members to cross-sectoral coordinating
community-based organizations. Still others are committees, such as the Regional Environmental
humanitarian or rights-based organizations with Conservation and Supervising Committees (see
social work as their main concern and environment above). In the CSO workshop (22 May 2015), further
as a secondary concern. Social and environmental legal clarifications related to the role, rights and re-
activism may be bundled in campaigns around sponsibilities of the civil society in environmental
specific development initiatives. For instance in governance were called for, especially in terms of
Dawei, Tanintharyi region, CSOs have formed a improving access to information, mechanisms to
network to raise concerns over environmental submit grievances and seek redress, and coordi-
and social protection, involuntary resettlement, nating between the government, civil society and
information disclosure and potential malfeasance private sector.
related to the Dawei Special Economic Zone and
Public consultations have been organized as part
deep-sea port project (UNDP Myanmar, 2015c).
of ongoing policy reform and strategy formula-
A further division concerns CSOs that have been tion processes. For instance, the updating of the
registered with the government and those that National Biodiversity Strategy and Action Plan
have not. Only the registered CSOs are recognized in accordance with the Aichi Targets, as well as
as regards formal participation mechanisms, while the formulation of the National Land Use Policy,
the rest may try to influence development and involve public consultation efforts. The latter
the conduct of public affairs through protest and has been lauded as a landmark process in terms
grassroots activism and action. In that regard, the of public participation in the political transition
CSOs considered their position in the current sys- in Myanmar. The draft Land Use Policy, made
tem precarious. On the one hand, getting involved available for comments, and 17 nationwide public
in e.g. the formal governmental committees may consultations were held in 14 states and regions
entail the risk of lost credibility among other CSOs (meeting with Forest Department, MOECAF, Nay
and the general the public, if seen as working too Pyi Taw, 29 April 2015). The lessons from these
closely with the government. It was also considered processes should inform the development and
frustrating if the views contributed through public institutionalization of public participation mecha-
consultation processes did not affect the outcome, nisms for a wider legitimacy and effectiveness of
i.e. participation remained symbolic rather than environmental policies.
influential. On the other hand, working outside
37
Needs assessment for effective implementation of the Environmental Conservation Law
This chapter focuses on tasks related to the ECL. 4.1 national and regional planning to
Each section examines as appropriate the regula-
implement environmental policies
tory base, the governance practice, capacities and
resources, cross-cutting objectives and ongoing National and regional plans for the implementa-
activities and future needs. Concrete examples tion of environmental policies are expected to be
have, where available, been drawn from different concrete and guide action on the ground.
sectors. The thematic areas covered in this chapter
are: Regulatory base
1. National and regional planning to implement According to ECL Chapter III, section 6(g) the
environmental policies powers of the National Environmental Conserva-
2. Environmental licensing, EIA and SIA tion Committee (NECC) include laying down and
3. Pollution control carrying out the Myanmar national environmental
4. Management of chemicals and hazardous policies and other environmental policies for con-
substances servation and enhancement of environment with
5. Urban environmental management the approval of the Union Government. The duties
6. Economic mechanisms in environmental of the Ministry include the (a) implementing the
protection environmental conservation policies (b) planning
7. Cooperation in conservation of natural re- and laying down national or regional work plans
sources, biodiversity and cultural heritage relating to environmental management (c) laying
8. International environmental agreements down, carrying out and monitoring programmes
9. Awareness raising, information management, for conservation and enhancement of the envi-
research, dissemination and training ronment, and for conservation, control and abate-
10. Access to environmental justice ment not to cause environmental pollution ECL IV,
section 7(a,b,c).
The thematic topics are selected so that they cover
all the relevant duties of ECD in the ECL. Each topic The terms of reference for the Regional Environ-
focuses either on a specific environmental concern mental Committees (RECs) specify the following
or a specific set of policy instruments. The role of planning duties:
the ECL and the ECD in the different areas varies
depending on other legislation and the mandate plans for conservation of natural resources
of relevant authorities. Each topic includes a and cultural heritages
narrative sub-section, discussing the bottlenecks plans and directives for sustainability and
in light of the checklist of issues in the analytical efficiency of energy use
framework (Section 2.1).
In addition the RECs should supervise issues
The analysis touches identifies key gaps, but the related to climate change mitigation and adap-
scope of the project did not allow for a detailed tation, environmental management in urban and
analysis of all relevant administrative sectors and industrial areas, management of wastes, sustain-
their financial and human resources. The report able use of natural resources and environmental
does therefore not provide a complete picture. De- impact assessment. (Notification No 22/2014 the
tailed plans for action will therefore require more Union Government Office).
specific collection of information.
38
4. Identified gaps in implementation and enforcement of the ECL
Table 5: Examples of policies, plans and strategies for achieving environmental objectives
The policies cover broadly important environ- At the regional level few environmental strategies
mental areas and provide general objectives. exist, but for example the Forest Department of
More detailed policies, plans and strategies for MOECAF has developed management plans at the
achieving the stated objectives are currently being regional level. Waste management plans as City
developed within different sectors. These include, and Township Development Committees have
for example, land use, biodiversity and climate enacted solid waste disposal and collection bye-
change (Table 5). Many strategies developed by laws. The recently established regional and State
other Ministries can have significant environmen- level environmental committees may have a role
tal impacts. These include strategies for electrifica- in policy development, but it is not yet clear how
tion, general development and transport, tourism strong their role will be.
and agriculture development (FAO, 2011). Tourism
is an important area as it may expand rapidly, Along with the strategy development the need
leading to also infrastructure development. Some for strategic environmental assessment (SEA) has
areas lack explicit environmental strategies. Thus been expressed in several connections. There are
there are, for example, no national policy targets features of SEA in different planning procedures
39
Needs assessment for effective implementation of the Environmental Conservation Law
Rivers are used for transportation, drinking water, washing, industry, fishing and habitation. Diplomatic Mission of Finland
and international finance organizations require role in environmentally relevant areas (for exam-
using SEA-like tools, e.g. in Myanmar Ayeyarwady ple, Ministry of Agriculture, Ministry of Industry,
integrated river basin management project that Ministry of Transport). At the regional level the ECD
will be financed by World Bank. Norway has initi- has limited resources, but regional governments
ated the Oil for Development programme6 for the have a mandate to develop strategies for their own
oil and gas sector that includes SEA type elements. regions.
As there is no legal base for SEA it has developed
in an ad hoc manner which may cause confusion Cross-cutting objectives
concerning its status and role. There is thus a need
to reflect on how to develop the assessment of The overarching policies such as the National
plans, policies and programmes. Sustainable Development Strategy (NSDS 2009)
recognise cross-cutting objectives such as poverty
In the ECD policy development is coordinated by alleviation and other millennium development
the policy, international relations, training and goals. Cross-cutting objectives also arise in other
research division, but specific policy issues are policy areas such as energy, including energy
dealt with by experts in relevant divisions of the efficiency, transport and regional development.
ECD. However, relevant policy development work Cross-cutting issues have arisen in, for example,
also occurs in other Ministries that play an active resettlements related to planning of large scale
hydropower development, systems for compen-
6 http //www.myanmar.norway.info/NorwayMayanmar/ sation and land use rights. Both CSOs and private
DevelopmentCooperation/
40
4. Identified gaps in implementation and enforcement of the ECL
sector organisations identified social impact on individual development projects that need
assessment to be important in addressing cross to identify baseline conditions. Environmental
cutting objectives. management plans that lack reference to
agreed objectives and monitored baseline
Ongoing activities by development partners parameters for the state of the regional/local
environment are difficult to enforce and mon-
There is ongoing active work to develop policies itor.
in several sectors. Many of these are driven by
international obligations or initiatives such as the Recommendations
UNFCCC or the CBD (Table 4). Both climate change
and biodiversity are policy areas that are subject to 1. At the national level, the ECD should develop
intensive development supported by development action and investment plans for environmen-
partners. tal priority areas. Such plans should identify
the foreseeable main pressures in, for exam-
ple, forestry, agriculture, mining, hydropower
Gaps and needs
development, coastal exploitation, oil and
Three main needs can be identified gas exploitation, and urban development and
would support follow up at the regional level.
1. There are few implementation plans that spec- The necessary steps to meet the challenges
ify the concrete measures required to achieve should be specified, along with action points
stated objectives of these strategies. Several for authorities at different levels.
policies include ambitious objectives but it is 2. Clarify mandates and relationships between
not clear what steps will be taken to achieve the state and the region departments, the
them. By focusing on programmes that iden- union sectorial ministries and the Hluttaws.
tify concrete actions and responsible actors it 3. Regional authorities should prepare regional
would be possible to determine roadmaps for or watershed-based comprehensive environ-
progress towards the stated objectives. mental plans that systematize the information
2. The relationships between the state and the on environmental conditions, main drivers
region departments, the union sectorial min- and environmental objectives at a regional
istries and the Hluttaws need to be clarified to level. Such plans would provide baseline and
allow them to work together for effective ECL reference values for major development proj-
implementation and policy development. The ects at a regional level. Monitoring needs to be
possibilities for and role of regional plans (Need developed using appropriate technical tools.
2) should also be clarified in this context. The
role of regional and State level environmental
committees should be evaluated to identify
and disseminate good practice.
4.2 environmental licensing, eiA and
3. Few environmental plans have been devel- siA
oped at the regional and local level. For ex-
Under this theme, the focus is on the administrative
ample, regional strategies and plans would be
procedures and the stakeholder participation in
needed for integrated watershed management
the environmental licensing of regulated activities.
or coastal management at an appropriate
The procedures include the environmental and
geographical scale. Such plans and strategies
social impact assessment (ESIA) or initial environ-
would compile and provide information on the
mental examination (IEE) of new projects and the
regional state of the environment and thereby
issuing of Environmental Compliance Certificates
provide a baseline against which the impacts
(ECC) based on the findings of the ESIA/IEE. For
of specific projects and activities can be
existing activities the approval of Environmental
judged. The lack of regional and local environ-
Management Plans (EMP), the monitoring of
mental plans is reflected in missing baseline
impacts and the grievances mechanisms are the
information. This either leads to a neglect of
main administrative procedures to be covered.
relevant impacts or an increase in the burden
41
Needs assessment for effective implementation of the Environmental Conservation Law
A crucial aspect in this theme is the integration the same as the list in the Annex of the draft EIA
of environmental licensing with sector specific Procedure.
licensing procedures and the licensing activities
of the Myanmar Investment Commission (MIC). Together, the EIA Procedure and the EIA instruc-
More technical aspects of pollution control are tions will establish a legal framework for when
discussed under theme 4.3. EIA will be required for economic development
activities involving natural resources in Myanmar.
Regulatory base Notably, the EIA system has connections with the
Foreign Investment Laws process for considering
The ECL provides the general legal base that is investment proposals from foreign entities, but
further specified by the Environmental Rules (ER). they have not been fully linked. How investment
Chapter XI of the ER (Articles 51-61) defines the applications demonstrate that the EIA require-
framework for the Environmental Impact Assess- ments have already been fulfilled (either in the
ment (EIA) system. ECL and ER set a framework for form of an endorsed environmental assessment
EIA but they dont include detailed provisions for or a certification from MOECAF that one is not
EIA procedure which are still under development. required) will therefore have to be developed.
The ECL mandates MOECAF to develop and imple- It is important that different laws are coherent so
ment an EIA system. MOECAF drafted a detailed that they do not conflict with each other. Sectorial
EIA Procedure and Administrative Instruction of laws should not include details on EIA requirements
EIA Procedure in 2013. After a consultation process but should refer back to ECL and its associated
it has now been submitted for the approval by regulations and procedures. For example, the new
the Union Government. At the same time, more Mining law will be require new Regulations which
detailed Administrative Instructions for an EIA will play an important role in guiding practices
Procedure and EIA guidelines have been drafted and processes in the mining licensing procedures.
by MOECAF to guide the practical implementation Transparent processes are important for the legit-
of EIA. These Instructions and guidelines are also imacy of the EIA and subsequent licensing. Once
close to being finalized, and are expected to be the EIA Procedure is in force, MIC should withdraw
formally adopted very soon after the EIA Procedure its separate list of activities requiring EIA/IEE and
comes into effect. refer only to the EIA Procedures.
42
4. Identified gaps in implementation and enforcement of the ECL
Social Impact Assessment (SIA) tion, Institute for Global Environmental Strategies,
draft 2015). By the end of May 2015 ECD has listed
According to ECL (Chapter IV article 7 m) the Min-
53 companies conducting EIAs, both national and
istry (MOECAF) is responsible for developing SIA
international. According to Ministry of Industry
together with EIA. Definition of EIA (article 2d) in ER
(2015) there are approximately 45 000 enterprises,
includes also human, social and socio-economic
of which 5 000 major scale (see Table 2 in section
impacts and they are specified also in Draft EIA
1.2.). The number of EIA, IEE and EMP documents
Rules and in Draft Administrative Instructions of
requiring review is constantly accumulating and in
EIA Procedure and in Draft EIA Guidelines. However,
anticipation of the final EIA procedure, the work-
even though social issues are within the mandate
load related to EIA review is expected to increase
of ECD, the draft EIA Procedure does not address
significantly. Current resources for EIA review are
resettlement and compensation matters related
unlikely to be able to cope with the strict time de-
to affected people. At the moment there are no
mands of the EIA review procedure (private sector
specific regulations on such matters and the draft
workshop, 15 May 2015).
EIA Procedure says that projects shall follow inter-
national best practice on involuntary resettlement
Cross-cutting objectives
and indigenous people. It remains unclear which
ministry will be responsible for reviewing, ap- The scope of EIA is wide and it is crosscutting in
proving and overseeing the related management nature. EIA includes not only biophysical envi-
plans and their implementation. Strengthening ronmental elements but also human, social and
SIA requires social and socio-economic expertise socio-economic environmental elements (ECL
both at MOECAF and at consultant companies and Article 2 d). Social issues, consultation and public
also strengthening the possibilities for civil society participation are key elements in EIA.
participation in the processes. Furthermore, skills
in gender analysis and adequate involvement of
women are needed. Ongoing activities by development partners
43
Needs assessment for effective implementation of the Environmental Conservation Law
ADB has planned technical assistance for es- Gaps and needs
tablishing the EIA review and approval system.
The EIA Procedure is to be approved in the near
GMS-EOC has an ongoing project for technical
future, after which Administrative instructions and
assistance for safeguard strengthening encom-
EIA Guidelines can be issued. Once the EIA Proce-
passing preparation of EIA Procedure. Myanmar
dure is approved there is a need for harmonizing
Centre for Responsible Business (MCRB) convened
other laws so that they form a clear and coherent
a workshop on environmental and social impact
entity. The practical implementation of these new
assessments for offshore seismic studies and
regulations needs capacity building among all
provided recommendations for consideration in
involved parties in the EIA process.
finalizing EIA Procedure. Norwegian Environment
Agency / Ministry of Climate and Environment have
Taking into account the rapid economic develop-
an ongoing project for capacity building on the en-
ment in Myanmar and the coming EIA Procedure,
vironmental aspects of responsible petroleum sec-
the amount of EIA / IEE / EMP cases to be processed
tor management, through the Oil for Development
will increase rapidly. This means a significant work
programme ECD has requested assistance with EIA
load for the ECD, as immediately upon approval
sectoral guidelines and industry guidelines / stan-
of the EIA procedure there is a need to review
dards immediate planned activity is assistance
the backlog of EIA reports that are continuously
in approval of offshore field EIAs. Vermont Law
accumulating. The need for additional resources,
School (both private and USAID funding) has an
technical support, training and strong manage-
ongoing project on capacity building in EIA prepa-
ment of the review process, including possible
ration and review currently providing a monthly
prioritisation of projects, is evident. One example
series of short training on environmental review.
of a concrete need is a functioning system and
Netherland has planned supporting MOECAF in EIA
procedures for documents control and archiving
capacity building in close collaboration with other
of ingoing and outgoing correspondence related
partners. Many other development partners have
to the EIA process. Many development projects in
activities to strengthen the administrative capacity
Myanmar may have significant impacts on local
of ECD and developing safeguards contributes also
communities, thus procedures and capacity de-
strengthening the implementation of EIA. The
velopment for the assessment of social impacts as
International Finance Corporation (IFC) is devel-
part of the EIA procedure are urgently needed.
oping a SEA for the hydropower section related to
Sustainable Hydropower in the Mekong Region.7 EIA Procedure will define projects needing EIA
or IEE. The amount of upcoming EIA/IEE cases
Sectoral EIA guidelines are urgently needed and
depends on the number and type of the projects
several development partners have indicated
to be included in these procedures. It should be
ongoing or planned support in this area. Norway
balanced with the significance of environmental
is starting to draft sector guidelines for oil and
impacts and size of the projects and take also into
gas sector, possibly with contributions from the
account the ECDs capacity to manage the upcom-
Netherlands. Australia has been indicated as
ing administrative tasks.
planning to support the drafting of sector guide-
lines for mining. Dam and Hydropower, Industry While the EIA focuses on new activities, existing
and Industrial Zone, Special Economic Zone and facilities and their adverse environmental impacts
Infrastructure have been mentioned as additional also requires attention and resources. There is also
sectors needing EIA guidelines. The Netherlands need for EIA guidelines and sectoral standards for
is providing TA to the Ministry of Transport in ca- small scale industries.
pacity development of EIA related projects in the
water sector and in particular in the framework
Recommendations
of integrated water resource management (Arend
Kolhoff, NL Embassy, May 2015). Based on the gap analysis, the following priorities
are proposed:
7 http://www.ifc.org/wps/wcm/connect/
Lao_EXT_Content/Sustainable_HydroPower/
Sustainability_HydroPower/
44
4. Identified gaps in implementation and enforcement of the ECL
1. The most important step forward is to get EIA tenure and local livelihoods for the deter-
Procedure with Administrative Instructions mination of appropriate and fair mitigation
and Guidelines finalized and into effect. Of par- mechanisms of potential livelihood losses.
ticular importance is that the legal responsibil- Gender issues should be explicitly recognised.
ities are clarified concerning which authorities In contexts such as rural Myanmar, rife with
are involved and what their mandate is with overlapping customary and statutory claims to
respect to approving and monitoring EIAs and resources, it is particularly important to follow
EMPs. Implementing EIA Procedure means a procedures that are as inclusive as possible,
huge work load and resource need in the ECD to avoid adverse impacts on the already most
but also among developers and consultants vulnerable segments of the population.
and there is a risk of significant delays which
would undermine the legitimacy of the system.
The workload will depend on the thresholds
4.3 pollution abatement and control
for EIA / IEE activities and by giving a transition
period long enough for existing activities to Under this theme the focus is on the duties of ECD
submit their EMPs to MOECAF. in developing the technical aspects of pollution
2. A specific project should be conducted to iden- control (e.g. emission standards), the ambient
tify environmental risks of existing activities in and compliance monitoring capacity and the
order to identify those installations where an information management related to pollution.
EMP is urgently needed. The focus is on point source pollution as the reg-
3. Sector Guidelines for the most important ulations provide little instruments for dealing with
industries are needed to support effective and non-point source pollution caused by, for example,
coherent implementation of EIA. Oil and gas, agriculture. Pollution problems related to urban-
mining, dam and hydropower, industry and ization are also discussed under theme 4.5. Urban
Industrial zones, special economic zones and environmental management.
Infrastructure have been identified as priority
sectors needing EIA guidelines. Regulatory base
4. Sector EMP guidelines and standards for small
scale industry would streamline the prepara- Pollution control and abatement regulation
tion and processing of the applications both consists of setting environmental standards, regu-
within the industries and administration. lating point sources of pollution, regulation of pol-
5. There is a need to create a learning process for lution from dispersed sources such as agriculture,
developing EIA practice. Intensive EIA capacity vehicles and regulating emissions from the use
building is needed especially within ECD and its of chemicals and the contamination of consumer
regional offices, but also more broadly within products.
other regional/state administration as well as
industries and consultants. Joint seminars and According to ECL Chapter IV the Ministry has the
conferences between different actors involved mandate to:
in EIA could raise common understanding and
Prescribe environmental standards includ-
coherent implementation of EIA.
ing standards on emissions, effluents, solid
6. There is strong attention to the development
wastes, production processes and products
of EIA among Development Partners and many
for the enhancement of environmental quality
projects are going on in this field. DPs should
(article 7 d). The duty of coordinating with
develop their coordination and cooperation
other authorities regarding environmental
of technical assistance to ensure effective and
standards is assigned to ECD in article 39 (a) of
coherent EIA capacity building.
the ER.
7. Development of SIA in coordination with the
Prescribe the terms and conditions relating
responsible authorities to ensure that social
to effluent treatment in industrial estates and
aspects are adequately covered in EIAs. The
other buildings and emissions from machines
SIA should require thorough analyses of land
45
Needs assessment for effective implementation of the Environmental Conservation Law
and vehicles (article 7j and article 43 of the The environmental emission standards for Myan-
ER). This occurs mainly through the EIA and mar have been prepared by ECD with the support
permitting procedure (see Chapter 4.2. of this of development partners but they are still not
report). The permitting authority is delegated issued. Also the EIA regulations are still pending so
to ECD in rule 26 of the ER. there is no practical experience in issuing case by
The monitoring of pollution is assigned to case Environmental Compliance Certificates (ECC)
the Ministry in Chapter VII of ECL. The use of where emission limits and emission load limits
agro-chemicals, use and disposal of hazardous would have been defined. During this transition
substances in industry, disposal of waste from phase environmental norms from other countries
mining, emissions from waste management or norms or guidelines issued by international
and sanitation and construction are men- organizations such as WHO or IFC have been ap-
tioned as potential sources of pollution (arti- plied. The Environmental Division of the Ministry
cle 13). ECD is given the mandate to monitor of Mines reported that when the Ministry of Mines
compliance with the environmental standards issues production licenses for metal ore mines,
(ER 39b and 46). it is already practice to set emission limits in the
license. (MOM Environmental Division, interview
Before the issuance of the ECL and ER, pollution
30.4.2015).
control was regulated with sector specific legis-
lation or by forbidding polluting activities on the With the environmental standards and guidelines
basis of public health regulations or the Criminal pending and with the technical capacity of moni-
Code. For example the Ministry of Industry has toring compliance almost totally missing the only
issued multiple standing orders to this effect approach available to the ECD has been a case by
Occupational Safety Plan (Standing order 1/95) to case reaction to complaints. The Pollution Control
prevent occupational accidents caused by unsafe Division and the newly established Regional ECDs
working conditions and mistakes Occupational are receiving complaints of pollution cases where
Health Plan (Standing order 2/95) to protect the harmful impact is evident, such as visible
workers health against occupational diseases smoke, dust, smell, turbidity or colour in effluents
and promote their general health Water and Air or dumping of solid wastes. In some cases fish
Pollution Control Plan (Standing order 3/95) to have died in the recipient lake or pond possibly as
prevent pollution and destruction of the natural an impact of wastewater discharges. For example
environment from waste and Food and Drug Con- in the case of massive fish deaths in the Taung
trol Plan (Standing order 4/95) for the protection of Tha Man lake near Mandalay city centre in 2015,
the consumer health. Ministry of Agriculture and the pollution control authorities of Mandalay CDC
Irrigation has issued standards regarding product and ECD decided to temporarily close down the
safety of fertilizers and agrochemicals (Fertilizer industrial establishments (mainly food and drink
Law 7/2002). industry) discharging wastewater into the lake.
This shows that fair governance is difficult when
Governance practices and capacities there is poor data available of the baseline status
of the water quality and on the emission load of
To regulate pollution the regulating authority has
each polluter.
to have the necessary mandate in legislation, the
acceptable level of emissions or impacts must be Despite the ECD being a very recently established
defined and the means of verifying the deviations authority, it is recognized in the sector ministries.
from the norms have to be available. The limits for For example the Ministry of Industry regularly re-
emissions can be defined either by issuing emis- ports the findings of its environmental inspections
sion and/or ambient environmental standards or to ECD. The Directorate of Industrial Supervision
by defining the emission limits in the permitting and Inspection (DISI) supervises the environmen-
procedure of each individual case. In industrialized tal management of private industries. The involve-
countries both instruments are usually used. ment of both the ECD and the Ministry of Industry
at the level of individual enterprises may lead to
46
4. Identified gaps in implementation and enforcement of the ECL
Small-Scale Gold Mining in Myitsone Area, Mining Area in Dawei Township, Tanintharyi
Kachin State. Mangshang Yaw Bawm, 2013 Region. Environmental Conservation Department
confusion concerning the environmental regula- action for reducing their emission load. For one
tion. For Mining the ministry of Mines also issues new industrial zone a pre-emptive strategy has
permits that need to be coordinated with the ECD. been applied where the investor has provided
centralized wastewater treatment and solid waste
ECD is also coordinating with the Ministry of Health management services against fees. (YPCCD inter-
in revising the National Environmental Health view 27.5.2015). In Mandalay a Thai company is
Action Plan (NEHAP). The current plan from 2010 about to build an industrial wastewater treatment
raises health impacts of natural disasters (water plant for one industrial zone. Mandalay CDC has
safety, sanitation), respiratory problems from air set emission limits for the discharge from this
pollution in cities and lead and arsenic poisoning) wastewater treatment plant. ECD will monitor the
as priority concerns.8 performance in cooperation with the MPCCD. An
analysis of the experiences will be important for
Yangon and Mandalay Pollution Control and Clean-
judging the appropriateness of the limits.
liness Departments have emerged as the front run-
ners in environmental compliance control. They
Capacities and resources
have issued their own emission standards for five
basic parameters for industrial effluents (BOD, COD, The staffing of ECD Pollution Control Division at
TSS, TDS and pH). The standards were based on the central level consists of a staff of 20 including
the authority given by the YCDC Law and the MCDC the Director and two Deputy Directors. There is no
Law, respectively. They have sampling equipment database of polluting industry or estimate of the
and basic laboratory facilities for analysing these number of such units. The workload is divided
parameters. Yangon PCCD has registered over 3400 between Urban Environmental Management and
industrial establishments in their area. 300 of them Industrial Pollution Control in addition to the task
are relevant in regard to wastewater emissions. of preparing environmental quality standards (ECD
Since 2012 the city administration has gradually PCD interview 29.4.2015, TOR of ECD PCD).
started to enforce pollution abatement measures.
Regional ECDs have been established in all 14
The PCCD has taken two rounds of wastewater Regions and States, the latest five offices having
samples and reporting those exceeding the stan- started their operations in April 2015. These Re-
dards to the YCDC. Pressure has been exerted on gional ECDs have a staffing of 10-20 experts, usu-
those companies and some of them have taken ally with B.Sc. or M.Sc. level education in Forestry,
8 http //www.lse.ac.uk/GranthamInstitute/law/national- Science or Technology. Recruitment of staff is still
environment-and-health-action-plan/
47
Needs assessment for effective implementation of the Environmental Conservation Law
in the process, for example Yangon ECD currently The public should have access to information about
has 13 staff members with one expert stationed in the state of their local environment, presented in
the MIC office and another at SEZ one-stop shop. a meaningful way. NGOs and CBOs can assist the
(Yangon ECD interview 8.5.2015, Mandalay ECD government in mediating the local concerns, acting
interview 12.5.2015). as watchdogs and in facilitating the dissemination
and interpretation of environmental information.
The Ministry of Industry and the Ministry of Mines
have their own inspectorates for monitoring com-
Ongoing activities by development partners
pliance with mining and environmental regulations
within their corresponding field of inspection. The ADB and EU have jointly supported ECD in prepar-
Environmental Division of MOM has a staff of about ing environmental emission standards. The draft
12 with university level education (MOM interview is completed and it is a comprehensive document
30.4.2015). (over 70 pages). It is proposing emission standards
for all the industrial sectors and other activities
The capacity to monitor emissions is limited in that are required to conduct an EIA according to the
Myanmar. Some of the line ministries have labo- draft EIA regulations. The air pollution standards
ratories under their organization, among these are are based on WHO Air Quality Guidelines and on
the laboratory of the Ministry of Health (e.g. drink- the principle that a single pollution source is not
ing water monitoring), the Ministry of Science and allowed to exceed more than 25 % of the ambient
Technology (special cases of pollution monitoring), limits with its emissions. For wastewater emissions
and the Ministry of Energy (some environmental a set of about 25 parameters are given as generic
analysis). The Ministry of Mines Department of guidelines and sector specific additional or stricter
Inspection has a laboratory in Yangon and Man- guidelines are provided for specific operations.
dalay for monitoring elements from mineral and Also noise level limits for industrial sources are
leachate samples. One environmental NGO EcoDev provided. (National Environmental Quality (Emis-
has established an environmental laboratory for sion) Guidelines, draft 22nd April 2015). Ambient
supporting complaint cases of affected people. standards for rivers and lakes have not been draft-
This laboratory has been partly funded by EU. (MOI ed. International and regional guidelines for these
interview 14.5.2015, MOM interview 30.4.2015) can be applied (Interview with ADB 19.5.2015). ADB
is prepared to continue support to the environ-
Cross-cutting objectives mental monitoring system until 2017.
The impacts of pollution threaten the health and JICA is currently supporting ECD and the CDC of
livelihoods of people. The abatement of pollution Mandalay and Yangon in building capacity in water
is a human rights issue with significant implica- monitoring in 2015-2018. The two cities will act
tions also for poverty alleviation. In the planning as pilots. 20-30 water monitoring points will be
and permitting procedures for potentially pol- established and a database will be developed for
luting activities, it is crucial to follow procedures managing the data. The support includes monitor-
that identify and assess the potential impacts of ing equipment for the basic water monitoring indi-
pollution including the impacts of eventual en- cators. Drinking water monitoring is not included
vironmental accidents. Access to information must in the scope. Norway is currently supporting
be ensured to the affected stakeholders, regarding MOECAF in developing Integrated Water Resources
the expected pollution load, its likely impacts and Management (IWRM). The project implemented by
the proposed mitigation measures in understand- the Norwegian Institute for Water Research (NIVA)
able terms. includes development of methods and standards
for IWRM, establishment of water quality moni-
For existing activities, the mechanisms must be
toring in Inlay Lake and upgrading the laboratory
in place to express complaints or fear of negative
at MOECAF. Japan has also financed air pollution
impacts and to receive a rapid, fair and transparent
monitoring equipment for measuring particles
reaction to the grievances from the administration
from urban ambient air (PM 10 and PM 2,5). One
and the operator of the activity.
48
4. Identified gaps in implementation and enforcement of the ECL
station is already established at the Mandalay ECD once could create too big costs and challenges.
office premises. Guidance documents for the application are
needed for industry and authorities. There is a
The MOI has prepared environmental plans for need to ensure that existing standards set by other
three industrial sectors steel mills, ceramic ware ministries are harmonised with the new emission
mills and paper and chemical product mills. The standards.
DISI is also regularly monitoring food and beverage
industry and industrial boilers are inspected every
Recommendations
year according to Boiler Law (revised in June 2015).
1. Laboratory capacity must be developed for
The Directorate of Industrial Collaboration of MOI monitoring typical parameters in wastewater
is conducting the following projects in collabora- emissions and air pollution (mainly particle
tion with United Nations Industrial Development emissions). Laboratory services must be com-
Organization UNIDO plemented with field monitoring capacity at
the Regional ECD and PCCD level in the major
Improvement of Industrial Energy Efficiency in
cities.
Myanmar in collaboration with MOECAF
2. A national water quality monitoring program
Pilot National Resource Efficient and Cleaner
with coordination between ECD, Division of
Production Project, especially in food process-
Watershed Management under Forest Depart-
ing, textile and hotel industry in Yangon and
ment, Department of Irrigation, Ministry of
Mandalay.
Health and the PCCD of the major cities. On-
Green Industry for Low Carbon Growth (Cam-
the-job training for Regional ECDs on water
bodia, Lao PDR and Myanmar cooperation)
sampling. TA to ECD on the interpretation and
The Ministry of Mines is drafting amendments dissemination of findings.
to the Mining law and rules. The World Bank and 3. On-the-job support to Central ECD and select-
also the Australian Aid have commented on and ed Regional ECDs and Regional Environmental
contributed to the discussion on the draft. Prog- Committees in designing and implementing a
ress now depends on the fate of the Mining Law in compliance monitoring plan related to organic
Parliament. and toxic releases from power plants, industry
and mining. Cooperation with the manage-
ment of industrial zones and a clarification
Gaps and needs
of the division of responsibilities between the
The regulatory instruments for pollution control ECD, the Ministry of Industry and the Ministry of
are about to be finalized the legal mandate of ECD, Mines is necessary. Self-monitoring practices
the linkage to the MIC and sector specific licensing should be developed for industrial operators.
procedures, the EIA and environmental permitting 4. Compliance monitoring database first for joint
regulations, the environmental standards and the use by Central ECD and regional ECDs and in a
administrative structures at central and regional/ second stage with linkages to the environmen-
state level. The challenge is the practical imple- tal inspectorates of the sector ministries and
mentation of the environmental permitting and PCCDs of main cities. This should also lead to
the technical capacity of compliance monitoring a general risk assessment that identifies those
and enforcing compliance. A particular issue is installations where there is an urgent need to
how to address existing installations. improve pollution control.
5. Soft loans should be made available for central
The emission standards have been prepared based wastewater treatment facilities in existing
on international practice. The draft is very detailed industrial and special zones.
and provides emission standards for various in-
vestment projects. It might be useful to divide the
parameters into mandatory and recommended
ones because enforcing all these parameters at
49
Needs assessment for effective implementation of the Environmental Conservation Law
The National Environmental Conservation The Central Supervisory Board can establish
Committee, MOECAF and ECD are also given the supervisory boards also at Region, State, Division,
mandate to carry out necessary measures relating Self-Administered Zone, District and Township
to environmental emergencies (ECL article 9). In oil level, if needed. The respective Supervisory Board
and chemical accidents ECD could have a relevant shall form the Board of Inspection which consists
role in regulating the environmental aspects of the of persons from the Development Committee,
mitigation and response actions. Myanmar Police Force, Myanmar Fire Brigade, De-
partment of Administrative, Department of Health,
Myanmar is a signatory to international agree- respective Government Department, Government
ments which require the member states to regu- Organization and at least a Chemist. The Board
late or ban the production, use or transboundary of Inspection is responsible for chemical safety
movement of listed chemicals or waste. ECD is the inspection. It will report to the Supervisory Board.
Myanmars national focal point for the Basel and
Stockholm Conventions. For the purpose of implementing the provision of
the law the Ministry of Industry may issue rules,
The lead role in chemical policy is assigned to the regulations as required with the approval of the
Ministry of Industry (Prevention of Hazard from Union Government, the Ministry, the Central
Chemical and Related Substances Law 2013, Pyid- Leading Board and the Central Supervisory Board
aungsu Hluttaw Law No, 28). The Central Leading may issue notifications, orders and directives and
Board stipulated by this law is chaired by the procedures as needed. The executive rule has
Minister of Industry. This board lays down the na- been drafted and approved by the Office of Union
tional chemical policy and issues certain chemical Attorney General. It still remains to be approved
regulations e.g. related to labelling, licensing and by the Union Government. Ministry of Industry will
storage of chemicals. It authorizes the laboratories issue the notifications on prohibited and restricted
50
4. Identified gaps in implementation and enforcement of the ECL
51
Needs assessment for effective implementation of the Environmental Conservation Law
mercury are of particular concern for vulnerable crucial that the HW regulations ECD is preparing
groups such as women and children. For example, are coordinated with the chemical regulations is-
women typically work as labour at mining sites, sued or planned by the MOI. The classification and
forced to bring their children along, experiencing the hazard labelling of chemicals should constitute
long-term effects of chemical exposure on their the basis for identifying and classifying hazardous
physical, mental and reproductive health (Earth wastes. Hazardous waste regulations should be
Rights International 2004). issued taking into consideration both ECL and
the chemical law and the mandates of respective
Oil drilling at sea and coastal areas pose a risk of Committees and Boards.
oil spills. The large scale use, transport and storage
of industrial chemicals and petroleum products The assigning of most of the chemical regulation
constitute a risk of environmental emergencies. duties to two central boards and regional and local
boards instead of Government Departments casts
Ongoing activities by development partners some doubts on the efficiency of such an organiza-
tion and on the rapid and equitable registering and
The Norwegian Environment Agency NEA is pro- licensing of chemical management. It is advisable
viding TA to ECD in developing hazardous waste for the Central Leading Board to focus on the
management capacity. The objective of the project policy level decisions for the Central Supervisory
is to support Myanmar in the implementation of Board to focus on the approval of regulations. The
the Basel Convention. NEA will assist in drafting issuing of guidelines, licensing procedures and
HW regulations. SINTEF (a Norwegian research the compliance monitoring should be delegated
institute) will help in drafting a Master Plan for HW to the appropriate Departments in the MOI and in
management. This will include a HW inventory. the case of environmentally critical chemicals or
Preparation for the project started in May 2015 and hazardous wastes the ECD.
the project will formally start later in 2015.
The concept of Environmental Emergency is not
Ten companies in Myanmar had joined the Inter- defined in the ECL. From the contents of the duties
national Responsible Care voluntary agreement and powers of ECD and its implementation capaci-
by end of 2014. The Myanmar Responsible Care ty it is obvious that it cannot have a significant role
Council has received technical assistance from the in dealing with natural disasters. However, the co-
Japan Chemical Industry Association in the imple- ordinating role of ECD in climate change mitigation
mentation of the chemical safety commitments. and adaptation policy is important. In case of man-
Yangon University has contributed to the chemical made emergencies such as oil spills and chemical
safety training. accidents ECD could play a key role in identifying
such hazards, regulating emergency preparedness
Myanmar Oil & Gas Sector-Wide Impact Assessment
and ensuring the consistency of emergency re-
(SWIA) was conducted by the Myanmar Center for
sponse with hazardous waste regulations.
Responsible Business in 2014. This study included
some observations related to leaks from oil pipe-
Recommendations
lines and hazardous waste management.
The following priorities are proposed
Gaps and needs
1. Preparation of hazardous waste strategy, Mas-
The lead role in chemical policy is provided by the ter Plan and HW regulations and HW inventory.
chemical law to the Central Leading Board and Hazardous waste regulations should be issued
the Central Supervisory Board. MOECAF or ECD taking into consideration both the ECL and
is not specifically mentioned in the chemical law the chemical law, the mandates of respective
but the ECL suggests important responsibilities in Committees and Boards and the obligations of
regulating the environmental impacts and risks of the international chemical conventions.
chemical use. Especially ECD has a lead role in reg- 2. The compiling of the Master Plan for HW man-
ulating the management of hazardous wastes. It is agement should be followed by an investment
52
4. Identified gaps in implementation and enforcement of the ECL
phase for establishing environmentally and wastes and urban pollution control. The Housing
economically sustainable treatment and dis- Department under the Ministry of Construction
posal services. Because the HW services would plays a key role in supervising urban planning in
mainly be used by the industry and taking into more general.
consideration the significant public owned
heavy industry it is recommended that MOI The draft list of projects requiring IEE or EIA
would take a lead role in establishing the HW (based on Environmental Rules 2014) includes all
infrastructure. types of solid waste treatment or recycling plants
3. The regulations for the prevention and control and all types of wastewater treatment plants as
of health and environmental hazards from the activities that need an environmental permit. Also
production, transport, storage and use and for many service and urban development projects
registration of chemicals in different fields of and industrial zones are suggested to carry out
use should be synchronized between MOI, ECD an IEE or EIA. This gives the ECD the mandate to
and the other relevant sector Ministries. The prepare guidelines for the planning of such urban
notifications of regulated chemicals should be development projects in coordination with the
revised to take into consideration the interna- Ministry of Construction and the City Development
tional chemical conventions. Committees. MOECAF has the mandate to set en-
4. Prepare guidelines for the management of vironmental standards for ambient air quality and
oil and chemical spills and accidents and the air emissions as well as standards for municipal or
management of the HW arising from the emer- industrial wastewaters (ECL article 7 and 10).
gency response. This task should be performed
The main source of air pollution in urban areas is
in coordination with the Central Supervisory
emissions from vehicles. Standards for maximum
Board of the chemical law.
emissions from vehicles are based on the Motor
5. ECD and DISI staff will need capacity building
Vehicle Rules (1989). The Road Transport Admin-
and on-the-job support for the inspection and
istration Department is using an exhaust emission
enforcement of HW regulations in industry and
test as a condition for the renewal of motor vehicle
service businesses. This needs to be backed
registration. In Yangon city the renewal registration
up by appropriate capacity to identify and
of cars over 20 years old is prohibited. (SOER draft
analyse hazardous waste.
2015).
Based on ECL, MOECAF has an advisory role in While the government aims at increasing decen-
the management of urban environment (ECL tralization, including the devolution of duties and
Chapter XIII, article 17) in 5 specific topics, which responsibilities from the centre to the regions
are land use planning and zoning, management and states, many governance functions remain
of construction industry and housing settlements, centralized. Although the Ministry of Construction
53
Needs assessment for effective implementation of the Environmental Conservation Law
is responsible for urban planning, other central heavily from the city budget. The waste to energy
ministries still carry out the same functions on projects are expected to reduce the financial
lower administrative levels (ADB, 2012b). burden. Both cities are planning to outsource the
collection and transport of wastes to private con-
Governance practice and capacities tractors. The municipal dumping places in both
cities are constructed without any environmental
The major cities Yangon and Mandalay have safeguards. They receive also industrial waste and
actively pursued their obligations in the field of hazardous waste without any gate fee.
urban environmental management, especially
water supply, solid waste management and grad- Waste and wastewater management by the minor
ually also urban wastewater management. Both cities and townships is quite marginal. Municipal
cities have utilized public-private partnership in waste is collected in the core areas and dumped
developing solid waste collection and disposal. in uncontrolled dumping places. The Regional
Yangon CDC has chosen a Waste to Energy solution Government or the Regional units of ECD have no
that includes a sanitary landfill with methane gas plans for developing regional cooperation in waste
extraction and a waste incinerator generating elec- management. (ADB, 2012b)
tricity. Both contracts are pending on the approval
and commitment of the Ministry of Electric Power Some urban air pollution monitoring has been
to buy the electricity. done in Yangon and Mandalay by the Occupational
Health Division under the Ministry of Health since
Municipal wastewater treatment is also entering 2008 and in 2012 by the ASEAN Clean Air project.
a period of rapid development. Currently one Concentrations of particle matter (PM10) have
wastewater plant in Yangon treats about 10% of exceeded the WHO guidelines by more than 100
the generated municipal wastewater and six more %, concentrations of nitrogen oxide (1hr) have
plants are planned (interview 27.5.2015). exceeded the limits slightly and concentrations of
sulphur dioxide have been well within limits. This
Mandalay CDC has selected a foreign investor to indicates that the main source of pollution is traffic
establish a waste to energy facility consisting of a emissions.
biogas and a pyrolysis unit. The waste to energy
investment is pending on MIC approval. In waste- The major cities Yangon, Mandalay and Nay Pyi
water treatment the city relies on septic tanks. The Taw have skilled personnel and budgets for pro-
septic tank sludge is collected and transported viding basic waste collection services. Municipal
with city owned tank trucks to a sedimentation waste management consumes a lot of resources,
pond. ADB has financed a feasibility study for a for example in Mandalay the city employs 2000
wastewater treatment plant but the investment is workers for the daily collection and transport of
pending on the parliament approval for the loan the waste. In 2008 Mandalay city managed to col-
(Interview 13.5.2015).In 2008 the municipal waste lect about 90 % of the generated municipal waste,
collection efficiency in Mandalay city was about whereas the other major cities collected 70-90%
90 % and in Yangon 80%. In the other large towns (EPA, 2009). The vehicles used in waste collection
of Myitkyina, Monywa and Mawlamyine, waste and transport are on average old and the transfer
collecting capacity increased to 80%, 90% and 70% stations are primitive and labour intensive.
in 2008. The performance in smaller towns has
stagnated or even deteriorated. (EPA, 2009) ECD has 1-2 experts specialized in urban waste/
pollution management. At the regional/State level
Mandalay City is applying an integrated property ECD no resources have been allocated for urban
tax that includes a fee for solid waste collection. environmental management.
Yangon City is collecting a separate waste fee by
door-to-door collection, but it has managed to col- Cross-cutting objectives
lect the fee from only 50% of the population that
it services, and it covers only a part of the costs. Climate change impacts threaten the maintenance
Both cities subsidize waste management services of urban infrastructure and services and burden
54
4. Identified gaps in implementation and enforcement of the ECL
55
Needs assessment for effective implementation of the Environmental Conservation Law
the education of street children and financing its to engage the experts from Yangon and Mandalay
activities by installing collection bins for recycla- city and the experts in industrial and construction
bles. It promotes environmental awareness of the waste management from the corresponding minis-
population encouraging them to separate their tries and private sector in this work.
waste at the source.
Recommendations
For reducing vehicle emissions the Ministry of
Energy and the Road Transport Administration 1. Environmental concerns should be main-
Department are promoting the use of Compressed streamed into urban planning regulations and
Natural Gas in city transportation. Myanmar partic- guidelines issued by the Ministry of Construc-
ipates in the project Clean Air for Smaller Cities in tion (Department of Human Settlement and
the ASEAN Region (2009 2015). Housing Development), Ministry of Transport
and other relevant sector ministries. The
Gaps and needs issues include zoning of activities, traffic plan-
ning, green area planning, water safety, waste
Solving the problems of urban pollution in Myan- management and wastewater management.
mar requires proper planning and implementation 2. The approval of the National Waste Strategy
capacity of the staff responsible of the sector. should be followed by an action plan. There
is a need to develop waste management
Solid waste collection and disposal has obviously
models for small towns and to disseminate the
improved considerably in few principal cities
experiences from pilot towns throughout the
during the last decade, but remains unsatisfactory
regions and states. Because of the high organic
in the majority of small towns and settlements
content of municipal waste, biogas generation
(EPA 2009). Appropriate waste management is cru-
and production of organic fertilizers should be
cial in maintaining attractiveness of the country for
considered as priority option.
international tourism. This was clearly identified
3. The management of septic tank sludge should
as a priority for development in Bagan (Bagan
be included in the urban waste management
workshop conclusions 2015).
plans. Low-cost, labour intensive technology is
preferred, but to limit the number of dumping
Unmanaged solid waste contributes to clogging
places regional level waste plans are needed.
urban drainage infrastructure and increases
The regional NEC could play a coordinating
risks and damages of flooding. Waste disposal is
role in the regional development of urban
currently based on open dumping without any
waste management.
environmental safeguards. Dumping places have
4. Cooperation with private sector recycling busi-
been established without any environmental im-
nesses and environmental and social NGOs
pact assessment and they are often located near
and CBOs is important for maximizing resource
to residential areas.
recovery and employment opportunities.
Mandalay and Yangon are in the process of trans- 5. In the medium and long term, the wastewater
forming their present disposal strategy into new treatment of urban settlements has to be im-
Waste to Energy solutions provided by internation- proved. Affordable technology should be used
al contractors. These solutions may entail technical to reduce the emission of organic load, nutri-
risks and also financial risks, in case the collection ents and faecal bacteria into the environment.
of considerably higher waste fees will fail. Waste Soft financing of the investments and capacity
recycling will be left to the private sector also in the building for the operation and maintenance of
future. Conversion of organic waste into an organic the sewer network and the treatment facilities
fertilizer is practiced only on a pilot scale. are needed. This work has already started in
the big cities and the major regional/state
ECD has started two highly relevant planning level cities. More support is needed to expedite
processes preparation of the National Waste the development in the smaller towns, which
Strategy and the development of the HW manage- lack financial resources, planning capacity
ment regulations and Master Plan. It is important and technical knowhow.
56
4. Identified gaps in implementation and enforcement of the ECL
6. City development committees should identify with environmental consequences. There are also
the range of actors (e.g. community and reli- provisions that allow the use of administrative
gious leaders) and organisations (such as local fines in cases of non-compliance.
NGOs and CBOs) to cooperate with in raising
environmental awareness (e.g. separation of The regulatory base lacks provisions on how to
wastes) and provide access to information cover the administrative costs for the handling
about the state of relevant environmental and approval of permit applications, EIAs and
indicators (e.g. water safety, air pollution). monitoring. There are also no detailed provisions
Evaluations of ongoing activities would sup- on pricing mechanisms for environmental burden
port learning and the spread of good practice. or tradable emission permits.
57
Needs assessment for effective implementation of the Environmental Conservation Law
The National Sustainable Development Strategy In developing the instruments there is a need to
of 2009 suggested that pricing for water should be consider the full range of instruments including
introduced to encourage greater efficiency. Regis- environmental taxes, fees and charges, tradable
tration fees for activities are generally low. There permits, deposit-refund systems and subsidies.
is currently no system for collecting fees for the
administrative procedures according to the ECL. Recommendations
There are still limited experiences in the applica- 1. Explore and develop principles and processes
tion of economic instruments in Myanmar and the for the collection of revenues to cover the costs
collection of fees appears to collect only a fraction of waste management, water supply and treat-
of the true costs. Taxation of firms has been found ment. Equitable and legitimate systems for the
to be confusing and variable (Bissinger and Maung,, collection of revenues are essential in order to
2014). There is also a lack of comprehensive statis- ensure adequate financing while at the same
tics on the use of economic instruments. time avoiding adverse social side effects.
2. Establish a system for collecting fees to cover
Cross-cutting objectives: the administrative costs of handling IEEs, EIAs
and EMPs. A fee system is essential to fulfil the
Issues of equality and poverty arise in the use of polluter pays principle and in order to collect
economic instruments. The design of the instru- funds for developing capacity and the sys-
ments is therefore critical for issues of equity and tems for handling applications. For example,
fair burden sharing. Economic instruments can according to the Hong Kong EIA ordinance,
also be important in ensuring fair and equitable charges for the approval of a full EIA report is
sharing of benefits from the use of natural resourc- in the order of 5000 USD, and an application to
es. change conditions in an environmental permit
is about 1000 USD.
Ongoing activities
3. Explore systems for benefit sharing concerning
natural resources (hydropower, mining, oil and
Discussions are going on concerning the environ-
gas, agro-industrial land concessions, forestry,
mental fund and recommendations have also
climate change mitigation schemes such as
been made concerning the development of, for ex-
REDD+). The regions in Myanmar have present-
ample, taxation of businesses. These suggestions
ed different models and there is thus a need to
have mainly arisen from an economic perspective.
identify a transparent system that is felt to be
In the connection of developing water and waste
legitimate by the local inhabitants affected by
management in the largest cities issues related to
the interventions, authorities, investors and
the fees and systems for collecting fees will arise.
CSOs alike.
In several regions demands for benefit sharing 4. Develop environmental taxation. In the Euro-
have been raised and various models have been pean Union environmental taxes accounted
presented. There are issues about the share that for 6.17 % of all revenues from taxes and social
the developer should provide and also on the split contributions in 2011.9 The experiences of
between the central government and regional and different countries can be used as a base for
local administrations (Oye 2014, Lynn and Oye developing a taxation system that is equitable,
2014). legitimate and enforceable. The statistics on
the use of environmental taxation and other
economic instruments should be developed.
Gaps and needs
58
4. Identified gaps in implementation and enforcement of the ECL
59
Needs assessment for effective implementation of the Environmental Conservation Law
(including biodiversity reserved area) (ii) a public purposes. It is not obvious that the Myanmar
forest (iii) a park (including marine parks) (iv) a Investment Commission (MIC) is the best body to
mangrove swamp (v) any other sensitive coastal act as a permit authority permitting these three
area (vi) a wildlife sanctuary (vii) a scientific economic activities for foreign investment with
reserve (viii) a nature reserve (ix) a geophysically MOECAF only providing recommendations for the
significant reserve (x) any other nature reserve decision. Leaving the ultimate decision making to
nominated by the Minister (xi) a protected cultural MIC would require considerable development of its
heritage area and (xii) a protected archaeological expertise in dealing with substance issues.
area or area of historical significance.
According to the Organization structure of Biosafe-
The National Environmental Policy (1994), Myan-
ty framework (Third draft), National Competent
mar Agenda 21 (1997) and the National Sustainable
Authorities (NCAs) are the highest decision making
Development Strategy (2009) explicitly promote
authorities and the National Biosafety Committee
the conservation of natural resources, biodiversity
(NBC) is the advisory body to the NCA for decision
and cultural heritage. The main document guiding
making for handling of Genetically Modified Organ-
biodiversity conservation planning is the National
ism (GMO) and Living Modified Organism (LMO).
Biodiversity Strategy and Action Plan (NBSAP,
Depending upon the type of GMO concerned Min-
2011), developed as part of Myanmars obligations
istry of Agriculture and Irrigation will be responsi-
towards the CBD. The NBSAP is currently being
ble for release decision related to crops, Ministry of
updated with new information and to include na-
Livestock and Fisheries will be responsible for fish
tional counterparts to the global Aichi Biodiversity
and livestock. (MIC Notification 49/2014). More
Targets. These targets are designed to mainstream
specific rules/guidelines are necessary to deal with
biodiversity and sustainable use across all sectors
such economic activities.
and to address both the direct and underlying
drivers of biodiversity loss and degradation.
Governance practices and capacities
Policy instruments developed for increasing the
Within MOECAF, the Nature and Wildlife Conserva-
sustainability of forestry and mitigate climate
tion Division of the Forest Department is in charge
change, namely FLEGT and REDD+, have the po-
of biodiversity conservation issues and protected
tential to create co-benefits for the conservation of
area management. The focus of biodiversity con-
biodiversity and ecosystem services more broadly.
servation has been the expansion of the protected
area network to reach the 10% of land area target,
ECD is a focal for Nagoya protocol on access to ge-
extending to 5.6% by 2010 and comprising 37
netic resources and the fair and equitable sharing
protected areas representing mainly terrestrial
of benefits arising from their utilization (ABS) and
ecosystems (95% of protected area) in various
initiating to draft a road map towards developing
parts of the country. Recent studies around pro-
national ABS legal framework. Myanmar National
tected areas show that forest cover change outside
Biosafety Framework was prepared by Ministry
of the protected areas has been greater than
of Agriculture and Irrigation (2006) and currently,
within them (Htun et al., 2010 Songer et al., 2009),
the development of the Biosafety Law is under
suggesting that these are not merely paper parks
the responsibilities of MOECAF. Meanwhile, the
(NBSAP, 2011 Nature and Wildlife Conservation Di-
MIC permits some economic activities for Foreign
vision, 2015). Still, numerous challenges remain to
investments with the recommendation of MOECAF
achieve effective conservation of natural resources
including 1) Import, multiplication and sale of
and biodiversity in the country, and it is unlikely to
genetically modified organism and living modified
be achieved through the protected areas alone.
organism 2)Technical research and business
related to breeding, culture and production of
The cross-sectoral nature of drivers of envi-
genetically superior quality seeds, propagates,
ronmental change (see section 1.2), compared
tissues, etc. of valuable and rare flora species 3)
with the largely sectoral legislation and siloed
Importing, exporting, breeding and production
institutions governing natural resources, calls for
of wild flora and fauna species for commercial
an effective operationalization of the inter-institu-
60
4. Identified gaps in implementation and enforcement of the ECL
tional coordination and cooperation determined and Action Plan has not been operationalized
in the ECL. Despite the inter-ministerial coordina- within the different sectors and is not effectively
tion committees in various sectors as well as the implemented at the subnational levels. Relevant
NECC, in practice inter-sectoral coordination in baseline information across the sectors is not
natural resource management is still perceived to easily accessible. In the absence of national
be weak. Ministries and departments responsible standards, companies conducting EIAs are mainly
for acute environmental challenges such as forest using different international standards, resulting
degradation, water resources management and in variation in the degree to which biodiversity
the sustainability of agriculture are statutorily aspects are considered in the process (private
separate from the NECC, and decision-making sector workshop, Yangon, May 25, 2015). An even
and environmental protection efforts continue greater concern is the limited capacities of the
to be undertaken primarily on a sectoral basis central government ministries and the subnational
(Kattelus et al., 2014). Conflicting interests within governments (state/region/township) to control
the government regarding natural resources-led natural resource exploitation in the ethnic states.
development versus conservation and sustainable Weak horizontal and vertical coordination will
use of natural resources play out as competition constrain the effective adoption of new policy
among sectoral ministries. MOECAFs long-stand- instruments that are essentially cross-sectoral and
ing authority in forestlands is being challenged, as multilevel by nature, such as REDD+.
forestlands are being carved up into agribusiness
concessions under the authority of the Ministry Capacities and resources
of Agriculture and Irrigation, thus presenting new
territorial, institutional, environmental, and social The current Nature and Wildlife Conservation
challenges (Woods, 2015). Division staff is 650 for the whole country, of which
50 are stationed at the division main office in Nay
The call for improved inter-sectoral coordination is Pyi Taw while the rest work at the 20 park head-
accentuated regarding cross-cutting mechanisms quarters distributed across the country (meeting
such as the EIA. Despite the multi-agency EIA with the Nature and Wildlife Conservation Division,
Review Committee, the biodiversity impacts of Forest Department, MOECAF, 29 April 2015). Expen-
e.g. hydropower development, offshore oil and diture on conservation is among the lowest within
gas development and plantation concessions are the Forest Department, while nearly half of the
currently inadequately addressed, and are not funds are spent on natural forest and plantation
sufficiently considered in the EIA draft procedures. management and over 40% on general adminis-
Insufficient attention to biodiversity aspects in de- tration (unpublished Forest Department data on
velopment projects is aggravating human-wildlife expenditure 2013-2014).
conflict in rural areas, as displaced animals such as
elephants are forced to seek new migration routes, ECD has a limited database regarding natural re-
and compromising the achievement of conser- sources management compared to the Forest De-
vation goals related to threatened and endemic partment. Although ECD has a regulatory mandate
species (meeting with the Nature and Wildlife Con- on permanent forest estate, due to their capacity
servation Division, Forest Department, MOECAF, and resource constraints the Forest Department is
April 29, 2015). It should be noted that the format still managing the EIA for plantation concessions
of the EIA process adopted in Myanmar by default (meeting with the Forest Department, MOECAF,
limits the mitigation of biodiversity impacts, since Nay Pyi Taw, 29 April 2015). Especially the recently
alternative approaches are not considered but established sub-national offices of the ECD (2014-
only impacts of development in the planned loca- 2015) are still grappling with limited resources and
tion are assessed. are not fully operational.
The weak inter-sectoral cooperation and capac- Despite the formal centralization of natural
ities are particularly evident at the subnational resource governance in Myanmar (see section 3),
(regional and local) level where EIA assessments the central government departments have limited
are conducted. The National Biodiversity Strategy capacities to control the extraction of natural re-
61
Needs assessment for effective implementation of the Environmental Conservation Law
sources in the states, especially along the Chinese protected in the law, as women do not enjoy
border and in the conflict areas (Woods and Canby, equal rights to register and inherit land or be
2011). granted new land-use rights (Oberndorf, 2012).
Their position is thus especially vulnerable when it
Cross-cutting objectives comes to conflicts over land and natural resources,
and in seeking compensation and redress for
One of the greatest challenges for Myanmar is lost access to resources in case of displacement.
balancing development based on the exploitation These gendered effects are easily multiplied as
of natural resources and their conservation, as far-reaching consequences for families, communi-
well as sharing the related benefits in an equitable ties and the society through marginalization and
and just manner. The majority of the population impoverishment. On the contrary, strengthening
are smallholder farmers living in the countryside, womens procedural as well as material rights to
directly depending on land and forests for their resources may increase production and economic
livelihoods. The sustainability of rural livelihoods is performance, and improve the legitimacy and
currently threatened by smallholder farmers being sustainability of natural resource governance.
displaced from their land due to granting of large-
scale land concessions. Unless issues relating to In many countries, recognition of communal forms
land tenure security and land conflict are seriously of tenure (of e.g. land, forest, fisheries, etc.) has en-
addressed, they could have negative impacts on abled the development of community-based nat-
foreign direct investment, sustainable economic ural resource management schemes to enhance
growth and environmental protection, in addition the equity, effectiveness and cost-efficiency of en-
to the adverse effects on rural livelihoods and the vironmental governance. In Myanmar, community
development of democratic governance (Obern- forestry is being developed, and similar models
dorf, 2012 Webb et al., 2014). could be expanded to concern other resources.
Currently, there are very few community-based
To that end, as previously mentioned, the govern- conservation areas and the involvement of local
ment has initiated the drafting of a comprehensive communities in the management of government
land use policy. The land laws approved in 2012, protected areas and ecotourism initiatives is
Farmland Law and Vacant, Fallow and Virgin Lands limited to involvement in patrolling activities.
Management Law include some improvements Current budget cuts are said to limit the devel-
in terms of recognizing customary use of land by opment of new joint management schemes with
smallholders, but provide insufficient protection of local communities (meeting with the Nature and
customary rights and remain designed primarily to Wildlife Conservation Division, Forest Department,
foster promotion of large-scale agricultural invest- MOECAF, 29 April 2015).
ment. The land policy should provide mechanisms
for communal tenure to ensure the rights of ethnic
Ongoing activities by development partners
minority populations are protected, secure their
participation in decision making processes relating The Protection of Wildlife and Conservation of
to land, and provide fair and transparent dispute Natural Areas Law (1994) is currently being revised,
resolution mechanisms for handling land conflicts pending submission to the parliament for approv-
(Oberndorf, 2012). A Free Prior Informed Consent al. The National Biodiversity Strategy and Action
(FPIC) procedure is recommended to be included Plan is currently being revised for the Aichi targets,
in the land policy, but care will need to be taken in with support from IUCN. The revision was due by
its operationalization, given the overall challenges July 2015.
of low capacities and access to information at the
local level, opaque governance and power asym- A national land use policy is being drafted through
metries that may affect the outcomes of ostensibly a consultative process. Forest Department is
participatory processes (CSO workshop, Yangon, currently updating the 10 years District Forest
22 May 2015). Management plan. A REDD+ roadmap has been
developed as part of Myanmars REDD+ readiness
In particular, womens land rights remain weakly preparation with support from UNDP. Community
62
4. Identified gaps in implementation and enforcement of the ECL
Forestry Instructions are being updated to enable ommendations to expand the concept to other
commercial community forestry. natural resource sectors. Specific attention
should be paid to the impacts on marginalized
Gaps and needs groups, such as ethnic minorities and women.
4. Consider the administrative responsibilities
The key needs as regards cooperation in conser- related to biosafety and biosecurity, and
vation of natural resources and cultural heritage, develop specific guidelines/rules to deal with
including protection of biodiversity, may be sum- investment activities which are related to
marized as follows them, including an ecological risk assessment
to reduce the invasion risk of alien species in
The law assigns a coordination role in the con-
Myanmar.
servation of natural resources, biodiversity and
5. Strengthen capacities to prevent and deal
cultural heritage to MOECAF and to an extent to
with human-wildlife conflict, including human
the ECD (according to the Environmental Rules),
resources, training and adoption of appropri-
but the intra- and inter-organizational relation-
ate mitigation measures such as natural and
ships and operational system for the coordination
man-made wildlife corridors.
is unclear. In practice cross-sectoral coordination
is perceived to be weak, especially noticeable as
regards EIA implementation, land management
and biodiversity conservation. Improving public 4.8 international environmental
participation and the capacities of regional and agreements and programs
state governments in the governance of natural
resources is of the essence to achieve sustainable Regulatory base
environmental management. Legitimacy (social
acceptance), equity and cost-efficiency of natural Myanmar is party to several environmentally
resource management may be improved by relevant international agreements (see Chapter
extending community-based approaches from 3.4. for international agreements). The degree to
forestry pilots to concern other natural resource which the provisions of these agreements have
sectors. been implemented in national legislation varies
between the different agreements.
63
Needs assessment for effective implementation of the Environmental Conservation Law
agreements (see section 3.4). One example of such Convention on hazardous waste has been agreed
guidance is related to the handling and manage- (Norway).
ment of hazardous substances defined in Articles
20, 25 and 26(f) of Chapter III of the Environmental Gaps and needs
Conservation Rules.
Whilst activities are currently ongoing, support
Chapter IV of the Environmental Conservation continues to be needed in the implementation
Rules defines a role for the Environmental Con- of international environmental agreements in
servation Committee to assign to the Ministry to particular in areas of climate change and air
participate in international, regional and bilateral pollution, waste and hazardous substances and
agreements and instruments and coordinate on biodiversity. Active ratification and accession pro-
associated matters relating to environmental con- cesses highlight areas where future resources are
servation (Section 27). The role of the Committee needed for national implementation of the provi-
is coordinate, discuss and cooperate with relevant sions of international treaties as well as meeting
government departments and organisations on the obligations resulting from the international
the implementation of such agreements and agreements. Implementation of the conditions of
instruments (Section 28). international treaties nationally requires capacity
in drafting necessary legislation as well as imple-
Governance and capacities menting such national instruments. The technical
capacity required to manage the implementation
Detailed analysis of the various international en- of international agreements may be significant, as
vironmental agreements that Myanmar has joined well as the time demands for government officials
and is actively pursuing to join in the future and the to report and attend meetings related to the inter-
associated capacities and resources has not been national conventions.
possible within the scope of the assignment.
There is a lack of capacity among Myanmar
Participation in the international agreements may government officials to negotiate international
bring benefits for the environmental practice as agreements. This applies both to negotiation
a form of capacity building and also by providing capacity regarding implementation of existing
access to good practice elsewhere. At the same agreements as well as design of new agreements
time participation may drain scarce resources for and amendments to existing agreements. Capacity
domestic work. Balancing the two is an important needs include language skills, negotiation skills
task. and technical skills concerning the topic areas
concerned by the agreements.
Ongoing activities
Recommendations
Myanmar is currently implementing a number of
international environmental conventions as well 1. Find suitable modalities to avoid unnecessary
as actively pursuing ratification or accession to burden on administration, e.g. in attendance
additional conventions. Details of the status of of COP meetings through capacity building
Myanmars participation in some key regional and and delegation of responsibility.
international environmental conventions in July 2. Enhance existing and where necessary, estab-
2015 is included in Appendix 5. lish additional procedures for collaboration
across sectors on implementation of interna-
ECD is currently receiving support from develop-
tional agreements, including effective use of
ment partners on the implementation of some
the NECC.
international conventions related to air pollution
3. Ensure sufficient resources and support for de-
(UNEP and UNIDO), implementation of the Stock-
velopment of necessary national legislation to
holm Convention of persistent organic pollutants
implement provisions of international treaties,
(GEF) and climate change (UNEP and GEF). Ad-
including assistance on technical aspects on
ditional support on implementation of the Basel
implementation.
64
4. Identified gaps in implementation and enforcement of the ECL
4. Seek collaboration with other parties to inter- Governance practices and capacities
national agreements and learn from interna-
Several CSOs are active in raising environmental
tional best practice.
awareness. The CSO workshop provided several
5. Explore critically benefits and drawbacks in
examples of innovative efforts at different level.
joining further international environmental
Among authorities, the management of environ-
agreements to further strengthen the legal
mental information related to environmental
framework for environmental protection. Ex-
conservation is being developed, but the systems
amples include the Rotterdam Convention on
for handling environmental information are still
Prior Informed Consent Procedure for Certain
limited. There is no comprehensive repository for
Hazardous Chemicals and Pesticides in Inter-
environmental information and no system that
national Trade or the Minamata Convention
would ensure the accumulation of information
on Mercury as well as regional agreements to
from monitoring or inspections. Some interna-
enhance cooperation on environmental pro-
tional databases cover conditions in Myanmar. For
tection. Drawbacks are related to the adminis-
example the FAO has collected information that
trative burden that agreements may bring.
is available in digital form10 but the data is partly
outdated.
4.9 Awareness raising, information Some local environmental authorities have mon-
management, research, itoring equipment for, e.g. air quality and water
quality, but in general the capacity for systematic
dissemination and training
monitoring of environmental variables is modest.
Both workshops organised for this project and
Regulatory base
several interviews underlined the lack of baseline
The ECL emphasizes environmental informa- information and poor access to available informa-
tion. One objectives of the ECL is to enable to tion as important obstacles. There is, for example,
implement for promoting public awareness and no register of activities that would be accessible
cooperation in educational programmes for to the different authorities and that would include
dissemination of environmental perception (ECL information on environmentally significant activi-
Chapter 2, Section 3f). ECD has the powers to carry ties, their emissions or environmental protection
out organization education and activities relating measures in place.
to environmental conservation and to propose the
inclusion of environmental conservation lessons There are a number of CSOs that have capacity for
in school curriculums in coordinating with the specific areas of environmental research and mon-
relevant departments (ECL Chapter 3, Section 5a itoring and in the context of EIAs detailed informa-
and 5b). ECD has a clear mandate on enhancing tion on the environmental matters is collected for
environmental awareness, training and research. specific sites and projects. The lack of a centralised
Regional ECD staffs are very active in area of repository for this information, or even information
providing environmental awareness to schools about the existence of the data, means, however,
(Discussion with regional ECD). that available data is not optimally used and there
may even be duplication of work. ECD needs to
In Chapter VII (13) a comprehensive monitoring work effectively with such CSOs/NGOs and ensures
system is foreseen to be implemented by the MOE- the collaborative and coordinative efforts among
CAF or in coordination with relevant Government CSOs/NGOs as a central steering committee.
departments and organizations to cover widely
emissions and other sources of pollution. The rules Research and training is concentrated to research
according to notification 50/2014 give the ECD a institutes and universities (Table 6). In addition
task to prepare and publish state of the environ- training is offered by government departments
ment reports for the whole country or regions (26, and also civil society organisations.
i j).
10 http //www.fao.org/nr/myanmar/page4_en.htm
65
Needs assessment for effective implementation of the Environmental Conservation Law
Ongoing activities by development partners development, people). The contents and updating
of the portal is still incomplete and in the process
Some regional environmental bodies have received
of being developed.
donor support for developing their environmental
monitoring capabilities. For example JICA has sup- Several universities teach environmental topics
ported the development of air quality monitoring. as part of the education offered (Table 5) and also
Capacity building projects for GIS systems are also co-operate with foreign universities. CSOs are
ongoing. actively engaged in awareness raising projects.
66
4. Identified gaps in implementation and enforcement of the ECL
is a need for reliable and regularly updated waste treatment facilities. It should be estab-
information on environmental policies as well lished in co-operation between MOECAF, Min-
as specific information on projects and the istry of Industry, Ministry of Mines, MIC, DICA
stage of their application processes, including and other authorities involved in managing
information on the approved EPM and permit and inspecting installations. It should build on
conditions. Such a system would provide existing systems and databases that Ministries
essential information for strengthening and have developed and continue to develop
enforcing inspections as well as participatory independently, but interoperability should
processes. be a key criterion for all future information
3. The management of information related to the management.
state of the environment at national and local 2. The Myanmar Environmental Information
level needs to be considerably strengthened. Portal should be updated and its contents ex-
The task of preparing state of the environ- panded. It should provide links or direct access
ment reports, EIAs and IEEs would be greatly to information on the state of the environment
assisted by a portal that would provide access gathered in conducting, for example, EIAs. It
to available data and that would provide a should also provide links to the ICT system
repository for accumulating monitoring data suggested in recommendation 1 in order to
and also data provided by, for example, EIAs. inform also the public about environmentally
Currently there is a lack of shared database significant activities. Care should be taken that
system and the access to research documents adequate funding is available for the mainte-
and literature is not convenient for the public. nance of the portal.
4. There is a need for a research institute with 3. Establish a centre for environmental research
broad responsibilities for developing environ- in Myanmar either by creating a new institute
mental research in Myanmar. While Myanmar or expanding the mandate of existing ones.
has governmental research institutes/universi- Such an institute would open new possibil-
ties for forestry, agriculture and hydrology and ities for developing environmental research
meteorology. These universities/institutes pro- in Myanmar and provide support for further
vide environmentally related courses, research policy development in the environmental
collaboration among the universities and field. One of its tasks should also be to bring
institutes is limited. With current development together fragmented environmental research
and the specified demands for comprehensive activities in Myanmars universities and to co-
state of the environment reports that build on operate with related institutes internationally.
sufficient monitoring of polluting activities, in- Part of the funding could be based on external
formation on land use changes and evaluation funding that can be gained in competitive
of environmental policies, there is a need to bidding.
develop a body that could take the lead. Such
an institute would also be the focal point for
the environmental information management,
4.10 Access to environmental justice
the maintenance and development of environ-
mental data bases, including GIS-based tools. Public participation and access to environmental
justice are important for the efficient implementa-
Recommendations tion of environmental policies (Bruch, 2002).
67
Needs assessment for effective implementation of the Environmental Conservation Law
68
5. Overview of current development partner projects
The ESWG has identified more than 60 recently Capacity building is a key topic for several of the
completed, ongoing or planned donor projects projects and many are focused on particular solu-
related to environmental topics. The greatest num- tions such as developing solid waste management,
ber of projects (21) has been classified to deal with forest law enforcement, developing environmental
Environmental Governance and Legal/Normative safeguards or EIA guidelines. These will over time
aspects (including environmental safeguards, build up competence, but one should also consider
standards and institutional strengthening). Proj- the needs related to strengthening the basic capac-
ects with a focus on environmental conservation ity of the environmental conservation in Myanmar.
and protection (land use, water resources manage- Some of the fundamental elements of effective
ment, solid waste management, local mobilization environmental policy are currently missing. These
and engagement) are also common (Figure 6). The include an accessible database and registry of all
list of projects is not complete as some develop- activities that are subject to EIA and licensing.
ment partners have not participated in the ESWG.
There are also general development projects that
are of relevance for the environmental sector
although not focused on this sector alone. One ex-
ample is the One Map Myanmar project support-
ed by Swiss Agency for Development Cooperation,
which aims to collect and organise all spatial data
used by different government departments and
development organisations by 202012.
69
Figure 6: The distribution of development partner projects across categories
70
Projects/activities per area by DPs and Ministry
25
20
UN-Habitat UNEP UNDP
EU-IMG EU DFID
10
0
Needs assessment for effective implementation of the Environmental Conservation Law
Environmental Impact EITI (i.e. EITIs) Climate Change Environmental Env. Conservation & Environmental RS/GIS for EIAs or Natural Hydropower, Clean Biodiversity Forestry (including
Assessments (EIAs) -- NB Mitgation and Governance and Protection (Land use, sustainable business Resources Energy, Energy Efficiency REDD+ readiness
also refer to Governance Adaptation, DRR Legal/Normative Water Resources (Production and Eco- (including industry, local roadmap and Community
& Safeguards (Community Resilience) (Including environmental Management, Solid System services) solutions and advocacy) Forestry)
Safeguards & Std and Waste Management,
insitutional strenghtening Local mobilization and
and green growth engagement)
policies)
5. Overview of current development partner projects
pArt ii
roAdmAp for improving
the implementAtion of
environmentAl policies in
myAnmAr And to guide the
support of development
pArtners
71
Needs assessment for effective implementation of the Environmental Conservation Law
An overall finding of this study is that Myanmar has vations and the new findings made during this
a well-developed set of environmental strategies study, a roadmap towards significantly improved
and objectives. Bold and strong visions for the implementation and enforcement of environmen-
state of the environment and sustainable devel- tal policies and practice can be outlined (Figure 7).
opment have been enshrined in environmental
policies and development strategies. These visions At this stage, a roadmap cannot be very detailed.
and objectives have also been reaffirmed in official Progress in environmental policies and practice is
speeches and statements. The translation of these conditional on the progress of Myanmars adminis-
visions to operative action is challenging, not the trative reform, as well as the democratization and
least due to, for example, a great number of un- peace process more broadly. es. The level of envi-
filled positions in the ECD and lack of resources for ronmental awareness of the people and capacities
environmental governance. of the administration are fundamental for the
progress. The rapid increase of personnel under
This study has largely confirmed previously iden- the ECD and MOECAF underlines the importance of
tified gaps and development needs in Myanmars well-functioning internal administrative process-
environmental practices. Based on earlier obser- es, including management of human resources,
Figure 7: The different levels in striving towards improved environmental practice in Myanmar.
72
1. Towards improved environmental policies and practice
on-the-job training, planning, budgeting, financial (including oil and gas), industrial activities, tourism
monitoring and document handling. There are and land use, is crucial. Common or shared tools
also many different pathways that can contribute for information management are likely to enhance
to significant improvement of the environmental co-operation and coherence between ministries
practices in Myanmar. Priorities are ultimately and policy areas. This requires adequate resources
political choices. also for the environmental administration.
The strength of the environmental governance rests Coherent legal base is important. The ECL provides
on the integration of environmental perspectives a general framework, but in practice it interacts
in all important sector policies (mainstreaming or with numerous other pieces of legislation. Im-
policy integration). Many environmentally import- proving the implementation of the ECL therefore
ant activities fall under the responsibility of other requires a comprehensive approach which also
line ministries than the MOECAF. Therefore good pays attention to the coherence between the ECL
cooperation between ministries and the inclusion and other legislation.
of environmental aspects in all sector policies, in
particular in those related to, for example, the de-
velopment of forestry, agriculture, mining, energy
73
Needs assessment for effective implementation of the Environmental Conservation Law
The main aim of the roadmap is to identify key In developing Myanmars environmental policies
actions for enhancing the implementation of envi- and practice, the role of the ESWG is important.
ronmental policies in Myanmar. The starting point The ESWG has the potential to ensure coordi-
is the ECL, but the recommendations also aim at nation and enhance learning that helps both the
strengthening the overall context in which the ECL administration and development partners to focus
is being implemented. and adjust activities for increased effectiveness.
Development partners support a large number of
Some of the recommended actions should be projects (Figure 6) which puts Myanmars authori-
initiated as soon as possible as they will form ties under heavy pressure to manage them in addi-
the base upon which other activities will be built. tion to dealing with the tasks specified by existing
These have been identified in the text. They legislation. Coherence among the DP projects is
address current fundamental gaps for effective therefore essential.
implementation of existing environmental
policies. Other activities are long-term in nature. The logic of the roadmap is as follows. First, general
They should be initiated with feasibility studies cross cutting actions are identified. They represent
or research projects that help to specify detailed fundamental conditions for progress. Second,
priorities and future actions. thematic actions are identified based on the prior-
ity areas that have been identified for Myanmars
The roadmap does not include detailed cost esti- environmental governance by the MOECAF and
mates or timelines as these will depend on the level ECD, previous studies, and the interviews and
of ambition and progress in general administrative workshops organised for this study. These relate
capacity and practice. The roadmap provides indica- in particular to the effective implementation of the
tions of the magnitude and duration of the tasks. ECL and the mandate of the ECD. For each topic, a
The project to formulate a National Environmental brief statement is included on the objective of the
Policy, Strategy Framework and Action Plan for 2016 thematic area, followed by a synthesis of the types
to 2030 that is supported by UNDP Myanmar that is of actions that are required. Actions are listed, when
initiated in October 2015, will provide opportunities possible in an approximate order of priority and
to specify further details of the actions. with indications of the type of projects that can be
envisioned.
Participants of the workshop on discussion for needs assessment for effective implementation of Environmental
Conservation Law, jointly organized by Ministry for Environmental Conservation and Forestry, Ministry of Foreign
Affairs of Finland and United Nations Development Programme. Environmental Conservation Department
74
3. Cross-cutting actions
3. cross-cutting Actions
Five cross-cutting actions have been identified. of the legal base to ensure that environmental
They develop the general capacity to address concerns and sustainable development are con-
environmental challenges and are thereby sidered in relevant sector legislations.
important also for the specific thematic actions in
Section 4. The cross-cutting actions include both Mainstreaming activities should be rapidly ini-
urgent and immediate actions and longer-term tiated and can be carried out with support from
commitments and efforts. The costs range from DPs in the form of, for example, process expertise.
small-scale projects to longer-term major commit- The activities should lead to autonomous and
ments. continuous improvement. They require commit-
ment from the involved organisations, and should
1. Mainstreaming and integration of environ- also aim at clarifying responsibilities and ensuring
mental considerations in relevant policy areas. smooth flow of information. In the long term
2. Clarification of responsibilities between au- these activities identify the need for legislative
thorities both horizontally and vertically. reforms, but a revision of, for example the ECL is
3. Ensuring the economic base for the environ- not advisable before experience has been gained
mental governance and ensuring economic on the operation of the NECC as an instrument of
sustainability of administrative tasks mainstreaming.
4. Strengthening participation, and access to
environmental justice and information 2. The clarification of responsibilities and
5. Strengthening existing and establishing new links between authorities at the central and
environmental services. regional/state/local levels in dealing with
environmental matters is essential.
1. Mainstreaming and integration on
environmental consideration in relevant policy The study has shown that in many sectors it is
areas should be championed by MOECAF. unclear which authorities are involved and what
mandates they have. This problem was stressed
The practice of the NECC needs to be developed especially in the workshops (Appendix 2).
as its activities and role are still elusive. Small scale
projects that develop the functioning of the NECC, Practice should be clarified by developing trans-
using, for example, standard process development parent descriptions of key processes including
tools would clarify its role. Process development environmentally significant licensing and EIA.
is also needed to clarify environmental decision Process descriptions should describe the division
making in MIC, so that it can rely on the ECD and of labour and roles of different authorities. The ECL
ECL for environmental considerations once neces- and the ER provide flexibility in, for example, how
sary regulations and administrative practices are in consultations for EIAs are conducted. The Environ-
place instead of developing its own environmental mental Conservation and Supervision Committees
assessment routines. at the state/region level can provide a platform
for process development. In other areas, such as
To provide a base for mainstreaming the Gov- in ensuring that environmental authorities have a
ernment of Myanmar should decide that spe- say in developing mining, adjustment of relevant
cific environmental awareness activities and legislation may be necessary.
capacity building are to be carried out in all line
ministries. Specific environmental strategies and Further clarification is needed of the role and
guidelines for important sectors such as forestry, duties of township and ward/village tract
mining, hydropower, oil and gas, agriculture and development support committees vis--vis
tourism should be developed. Systematic studies environmental and natural resource management.
should be carried out on the needs for a revision Operating guidelines or terms of reference for the
75
Needs assessment for effective implementation of the Environmental Conservation Law
committees should be developed. The roles can be Dispelling the concerns and achieving equitable
clarified and documented in small DP projects de- and legitimate solutions for the environmental
voted to the role of a specific authority, but at the fund is important and different options need to be
same time it is essential to ensure overall coherence explored. DPs experiences of similar instruments
of the system. Sharing of lessons learnt from such should be fully exploited in designing the rules and
first activities in this area is essential. Small-scale operating rules for the fund.
projects where the beneficiary is a specific local
authority whose working conditions and practices 4. Setting up and ensuring the functioning
are improved are not a sufficient response to the of participatory and community driven
needs of the environmental administration in processes and access to environmental justice
Myanmar. They may, however, when adequately is central for the improvement of Myanmars
designed, help to identify how the administration environmental governance.
and its practices could be reformed.
It would increase the relevance, legitimacy and ef-
fectiveness of environmental policies. One aspect
3. The financial base of the environmental
of environmental justice is the equal treatment
administration has to be ensured.
of environmental permit applicants. The use of
This can be achieved through a combination of sanctions must be balanced with administrative
basic budget and collection of fees from polluters enforcement instruments.
and users of environmental services. The design of
cost efficient models that provide incentives for The current legal base for participatory processes
developers, users and authorities to innovate and is weak and does not allow for systematic par-
develop respective practices is a challenging task. ticipation of stakeholders. A review of current
regulation determining the extent of and oppor-
The task is urgent as the material gathered for tunities for public participation should be carried
this study through interviews and workshops un- out to provide the base for legal development.
ambiguously demonstrated that environmental
governance in Myanmar currently suffers from A strengthening of the legal possibilities of CSOs
lack of capacity at all levels. There is a lack of to act strengthens the role of civil society in envi-
human resources for effectively implementing ronmental matters. A long term task is therefore
existing tasks that follow directly from the ECL to reform the legal framework for civil society
and there is a lack of financial resources to imple- organizations and the private sector with re-
ment development work to create, for example, spect to access to environmental information.
ICT-solutions that would increase the efficiency of This should be supported technological solutions
the administration. such as digital libraries, open databases and e-par-
ticipation platforms.
The capacity deficits of the environmental admin-
istration cannot be sustainably solved through Participatory processes should be supported
DP funding, but require models for sustainable through guidelines and pilot work. Some DP
financing of environmental governance. The projects have been implemented with this focus,
design of financing models is suitable for small but there is clearly room for more coordinated
scale sector specific projects. They should provide efforts. Public consultations related to the EIA
practical solutions for how to ensure adequate re- process should be supported and used as testing
sources for, for example, the management of EIAs, grounds for guidelines. Specifically directed
environmental licensing, waste management and support for participation can be provided by devel-
water supply. opment partners in relatively small scale projects,
but the experiences should be shared in order to
The establishment of operating rules for the achieve wider learning.
Environmental Fund is an area of high priori-
ty. There are expectations on the fund but also Country-wide participatory processes have been
uncertainties over how it will operate in practice. initiated in, for example, in national land policy
76
3. Cross-cutting actions
development and support for collecting and sys- rule of law can be strengthened. As a first step,
tematizing experiences gained would be justified. guidance should be prepared for developers as
The experiences gained in drafting the National well as local and regional authorities in priority
Land Use Policy could be collected in a special sectors through focused small-scale projects.
evaluation for further development, improvement
and institutionalization (incl. codification) of pub- 5. Strengthening of existing and establishment
lic participation mechanisms in policy formulation. of new services in the environmental
administration
A priority should be to improve access to infor-
mation and awareness of environmental policies, Knowledge based services include applied
laws and related procedural rights as well as of research, consultancy services, laboratory facil-
who the duty-bearers (responsible authorities) ities for environmental analyses and testing of
are at the local level. Established communication products as well as monitoring networks. Their
channels should be used as well as new media development is a long-term tasks. They can be
and awareness-raising materials (such as posters rapidly initiated on a small scale, but require long-
and leaflets) in local languages. Opportunities for term commitment in order to become significant.
two-way flow of information and contributions There is also a need for infra-structure like envi-
by citizens and organizations to environmental ronmental services such as facilities for waste and
monitoring should be harnessed. These can be de- waste water treatment. They are urgently needed
veloped in small projects, but care should be taken and require significant investments.
to ensure coherence across projects and processes
for transferring project experiences gained. The current lack of baseline data and other envi-
ronmental information is partly the result of low
At the level of practical information sharing, the level of environmental research. Some universities
Myanmar Environmental Information Portal (MEIP) and CSOs engage in such activities, but in general,
that development partners have supported, is an the current capacity is small for a country as di-
excellent starting point, but it needs to be devel- verse and large as Myanmar.
oped considerably with respect to contents and
updating (See point 4.7 below) before it can fulfil The first step should be to activate local univer-
its objectives. The development and updating of sities and other research facilities to contribute
the portal will require relatively large scale projects to environmental research that supports the
focusing on both the technical and administrative implementation of the ECL. This would include,
side of the portal. Ensuring resources for its long for example, research on the state of the environ-
term maintenance is also essential. ment, evaluations of the effectiveness of standards
and other specific measures and development of
Providing better access to environmental justice innovative measures to address acute problems
should be of high priority. Models for structures in environmental management and pollution
and processes exist within the UNECE (the Aarhus control.
Convention), the EU and individual member states
of the EU. It is therefore a topic where the base and Environmental capacities could be strengthened
legal options can be suitably explored in projects through the establishment of new research fa-
supported by DPs. At the same time, developing cilities such as a new research institute compa-
environmental justice is a deeply political activity rable to, for example, the forest research institute.
that will require full commitment of MOECAF and The research should cover both natural and social
the administration more broadly. It is a long-term sciences. Such a research institute would be a nat-
undertaking, but because of its importance it ural recipient of new research infrastructure. The
should be initiated as soon as possible. It has direct development of new strong research facilities is,
implications for the management of grievances however, a long-term endeavour that will require
and complaints that currently requires significant substantial commitment and coordinated action
effort in many regional offices of the ECD. By also from development partners. In the long-term
streamlining and making processes coherent the an environmental research institute can become
77
Needs assessment for effective implementation of the Environmental Conservation Law
78
4. Thematic action areas
The thematic actions build on the cross-cutting 4.1 national and regional planning to
actions and represent areas that the project has
implement environmental policies
identified as key areas for the ECD and its role in
implementing the ECL, based on numerous inter-
Objective: To ensure that the principles and
views, workshop discussions and reviewed doc-
vision of Myanmars environmental policies are
uments. They reflect the environmental policies
translated into specific actions supported by
that provide the framework for all activities. EIA,
plans that guide and prioritize them.
licensing, pollution control and management of
hazardous substances are central in the control of There is a particular need for progress in terms
point source pollution. The management of urban of concrete action and investment plans, wa-
environmental issues are gaining importance with tershed-based planning, but also for long-term
urbanisation, whereas the sustainable manage- visionary development of the use of economic
ment of natural resources is essential in ensuring instruments (Figure 8).
sustainable development in Myanmar. Finally,
raising environmental awareness is an important 1. Action and investment plans for environmen-
objective of the ECL and also a fundamental for its tal priority areas should be drafted to identify
effective implementation. The following sections foreseeable pressures in, for example, for-
elaborate the possible actions to make progress in estry, agriculture, mining, hydropower de-
each of these areas. velopment, coastal exploitation and urban
development. These plans should identify the
necessary steps to meet key environmental
challenges include action points for authori-
79
Needs assessment for effective implementation of the Environmental Conservation Law
ties at different levels, specify the investments its developments strategy, but they will need
that are needed to achieve environmental to be explored and tested before being intro-
targets and consider options for financing the duced on a nationwide scale. Development
investments and maintenance. These actions partners can contribute to this long-term effort
plans can be supported by sector specific DP by providing support for studies and pilot scale
projects that aim at identifying priorities and applications.
potential financing mechanisms for the neces-
sary investments.
2. Regional or watershed-based comprehensive
4.2 eiA, licensing and compliance
environmental plans should be drafted to sys-
tematize the information on environmental monitoring
conditions, main drivers and environmental
objectives at a regional level. Such plans Objective: To ensure that the systems for
would provide baseline and reference values EIA, licensing and compliance monitoring
for major development projects at a regional operate smoothly and that all stakeholders
level. The preparation of such plans can be have a clear understanding of the processes
carried out in dedicated projects, some of and possibilities to participate in a fair and
which are already ongoing or in preparation. equitable manner.
3. A long-term task in policy development is to The legitimacy and acceptance of the systems for
explore how approaches such as environ- EIA, licensing, pollution control and compliance
mental taxes, environmental fines, pay- monitoring will depend on how well they are
ment for ecosystem services and extended carried out. Therefore the highest priority should
producer responsibility, product labelling be given to actions that ensure their effective
and voluntary environmental management implementation. The roadmap (Figure 9) suggests
systems could be introduced and applied the following steps
in the national context of Myanmar and its
specific sectors. These approaches could help 1. The most urgent task is to complete the
Myanmar reach its ambitious objectives in currently unfinished development of the
80
4. Thematic action areas
legal base, including detailed regulations handling EIA reviews and licensing with ECC
and standards, licensing procedures, EIA and conditions will expand rapidly. Sector Guide-
environmental permitting regulations and en- lines for the most important industries
vironmental standards. This task is currently should be written to support effective and
largely administrative and political and thus coherent implementation of EIA. Oil and gas,
opportunities for active DP support are some- mining, dam and hydropower, industry and
what limited, although there are ongoing proj- industrial zones, special economic zones and
ects that may help in finalising the legal base. infrastructure have been identified as priority
In a longer time perspective, evaluations of the sectors needing EIA guidelines. All of these can
legislation and its implementation can provide be rapidly initiated at modest costs in small
valuable feedback for further improvement of projects, but care should be taken that the dif-
the legal base. ferent activities are synchronized and well-co-
2. The further development and use of ICT- ordinated. The ESWG has an important role to
tools for EIA, including GIS, licensing and play in the coordination of these activities.
compliance monitoring should be initiated 4. Rapid EIA capacity building is needed
as soon as possible. Some activities are already especially within ECD and regional/state
going on, but it would be essential to develop administration but also other authorities
specific tools that could serve the handling of and within industries and consultants. A
environmental matters by authorities (Figure continuous learning process for developing
10). Currently environmental authorities do EIA practice is crucial. DPs can support this ca-
not have adequate tools for EIA, licensing pacity building by supporting the organization
compliance monitoring such as databases of joint seminars and conferences that involve
over ongoing and approved IEEs, EIAs, EMPs different actors in order to develop common
and filed and approved permit applications, understanding and coherent implementation
databases on permit holders and inspections of the EIA-process.
carried out. There are ongoing projects on GIS 5. The development of SIA should be under-
development, but they represent fragmented taken in coordination with the responsible
efforts to develop ICT-solutions supporting authorities to ensure that social aspects are
compliance monitoring using modern tools adequately covered in EIAs. The SIA should
such as GIS. A master plan should be devel- address land tenure and local livelihoods
oped for the ICT-solutions that will provide for the determination of appropriate and
adequate tools to local, regional and central fair mitigation mechanisms of potential
authorities for dealing with EIAs, permits, livelihood losses. Gender issues should be
inspections and other compliance monitoring. explicitly recognised. In rural Myanmar, rife
Effective coordination between MOECAF and with overlapping customary and statutory
other authorities dealing with likely users such claims to resources, it is particularly important
as the MIC, the Ministry of Industry and Min- to follow procedures that are as inclusive
istry of Mines should be ensured. This action as possible to avoid adverse impacts on the
will require significant investments in terms already most vulnerable segments of the
of planning, programming, deployment and population. The development of approaches
training.13 and guidelines for SIA that fit the context in
3. On-the-job support for the tasks of re- Myanmar is a suitable topic for moderate scale
viewing of EIAs, IIEs, EMPs and the writing DP projects. Major challenges are related to
of permit conditions will be necessary for the ethnic tensions in the country.
coping with the growing demand. The task of 6. The polluter-pays-principle should cover
administrative costs. There is a justified
13 Opportunities exist for public private partnership, for concern that the ability authorities to respond
example, Fuijitsu has established an ICT-lab in Myanmar http //
journal.jp.fujitsu.com/en/2014/11/14/01/ as part of ADBs
in a timely way to EIAs and IEEs and permit
activity http //adb.org/projects/details?page=details&proj_ applications will become a stumbling block
id=48145-001 reference is also made to the development of ICT that can seriously undermine the legitimacy
solutions
81
Needs assessment for effective implementation of the Environmental Conservation Law
Figure 10: A conceptual sketch of an ICT-based system for handling EIA, licensing and
inspections. Regional and different sector authorities would have direct access to the system
and also provide input. The quality control and maintenance of the data would be with the
ECD/MOECAF that would publish basic information from it at the Myanmar environmental
information portal.
of the environmental policies and practice. pling and monitoring, including interpretation
By collecting fees for handling the applica- of results and dissemination of findings is also
tions, resources can be obtained to recruit advised.
and educate necessary experts. The setting 8. The mandate to process IEEs and EMPs of
up of fee collection systems is suitable for small and medium size activities should be
a small scale project. In Myanmar there are delegated to the state/regional level. The
some collecting systems in place at the local feasibility of such delegation depends on the
level and the experiences from these are an staffing and capacity of the regional offices.
essential starting point for any project on cost With the expansion of economic activities it
recovery. will become increasingly impractical to han-
7. Licensed activities should be required dle all environmental matters centrally. The
to monitor their environmental impacts devolution of responsibilities and tasks is
(self-monitoring practices based on monitor- meaningful only if sufficient resources can
ing programmes approved by authorities as be guaranteed at the regional level. Develop-
part of the EMP and verified by third parties as ment partners can contribute to this capacity
for certified environmental management sys- building at the regional level, but MOECAF
tems such as ISO 14000). On-the-job support must also ensure that resources are made
to Central ECD and selected Regional ECDs available for long-term development.
and Regional Environmental Committees
in designing and implementing compliance
monitoring plans is needed and suitable for
medium sized projects. On-the-job training for
Regional ECDs on water and air quality sam-
82
4. Thematic action areas
4.3 pollution abatement and control small-scale DP projects that ensure that Myan-
mars standards are in line with international
Objective: To significantly reduce the release of standards. Consistency between DP projects is
pollutants into the environment. essential.
2. Sector-specific technical guidelines for pol-
Actions are required to improve the analytical lution control should be prepared for Myan-
capacity to detect and measure pollution and the mar to support authorities and developers in
specification of standards against which pollution their work in Myanmar language. There is also
can be measured. There is also a great demand a need for documents in minority languages14.
for on-the-job training for officials and industry The preparation of guidelines is a continuous
(Figure 11). In addition financing mechanisms for work that should start with priority sectors.
investments in pollution control are needed. The As a first step, international sources such as the
following actions are suggested, broadly organized reference documents produced under the In-
in order of priority except for the investment pro- dustrial Emissions Directive (IED, 2010/75/EU)15
gramme, which should be initiated as a matter could be used as a base for developing specific
of high priority as it guides important subsequent guidance for Myanmar. Workshops for au-
decisions that reduce emissions. thorities and developers should be organised
to strengthen practice. Such workshops can
1. Issue emission standards and ensure the be supported and organized as stand-alone
coherence of standards issued by sector events, or included as part of broader capacity
ministries. Regulations related to ECCs should building exercises. Effective use of guidelines
be formulated to include specific obligations should be ensured through on-the-job
to conduct self-monitoring and report to the support to Central ECD and selected Regional
monitoring authorities. The tasks are partly in- ECDs and Regional Environmental Committees
cluded in ongoing activities supported by DPs
14 Myanmar has several minority languages with more than
and should continue and expand to cover any
a million speakers http //www.ethnologue.com/country/MM/
gaps. The tasks can be supported further by status
15 http //eippcb.jrc.ec.europa.eu/reference/
83
Needs assessment for effective implementation of the Environmental Conservation Law
84
4. Thematic action areas
Figure 12: Key steps in improving the management of chemicals and hazardous waste
dents, for example, in providing guidelines for ment should be followed by investments in
the management of wastes emerging from en- environmentally and economically sustain-
vironmental emergencies. These roles can be able treatment and disposal services. Access
clarified in projects that develop the disaster to laboratory services for monitoring toxic
risk management by bringing together rele- substances in wastes should be improved.
vant authorities to agree on courses of action. 5. Prepare guidelines for the management
2. Build ECD and DISI staff capacity and pro- of oil and chemical spills and accidents
vide on-the-job support for the inspection and the management of the HW arising from
and enforcement of HW regulations in indus- the emergency response. This task should be
try and service businesses. At the same time performed in coordination with the Central
regulations for identifying HW can be based on Supervisory Board of the chemical legislation.
international guidelines and these should be
disseminated to the industry.
3. Prepare a hazardous waste (HW) strategy,
4.5 urban environmental
Master Plan and HW regulations. Hazardous
waste regulations should be issued taking into management
consideration both the ECL and legislation
on chemicals, the mandates of respective Objective: To improve urban planning and
Committees and Boards and the obligations management of the urban environment in such
of the international chemical conventions. a way that sustainable urban solutions can be
This should include a National HW inventory achieved.
should be performed using a sector specific
Action is required at the level of planning and
approach. The effort should be linked to the
development processes, in specific areas such as
establishment of a national HW generator da-
waste and waste water management, transporta-
tabase and reporting system (see EIA, licensing
tion, awareness raising, public participation and
and compliance monitoring, item 4.2).
financing of activities (Figure 13). The suggested
4. Preparation of the Master Plan for HW manage-
actions are very different in nature and therefore
85
Needs assessment for effective implementation of the Environmental Conservation Law
they are not listed in order of priority but grouped of the environment are needed and should
according to the main type of action. be included in concrete plans for urban
environmental protection. These include the
1. Environmental concerns should be main- management of septic tank sludge as part
streamed into urban planning regulations of urban waste management plans, potable
and guidelines issued by relevant sector min- water safety plans, improved operation and
istries. The issues include zoning of activities, maintenance of the sewer network and
traffic planning, green area planning, water waste water treatment facilities, reduction
safety, waste and wastewater management. of the emissions of organic load, nutrients
Any actions and DP supported projects in and faecal bacteria into the environment and
this area need to include large components improvement of air quality through reduction
of awareness-raising at different levels from of emissions from transport. The actions
schools to high level policy makers. require investments and partly also new
2. The approval of the National Waste Strategy regulations and are therefore long term tasks
should be followed by an action plan. There also as DP supported projects. In developing
is a need to develop waste management these actions, feasibility studies and pilot
models for small towns and disseminate the applications are needed and these can be im-
experiences from pilot towns throughout the plemented with fairly modest resources. This
regions and states. Because of the high organic work has already started in the big cities and
content of municipal waste, biogas generation the major regional/state level cities. More sup-
and production of organic fertilizers should be port is needed to expedite the development in
considered as an option for the waste treat- smaller towns, which lack financial resources,
ment. Projects that include investments will planning capacity and technical knowhow.
require long term commitment and significant 4. There is a constant need for projects where
inputs of resources. They should be in line with City Development Committees cooper-
the investment plans for the sector. ate with local NGOs and CBOs in raising
3. Specific actions to improve the urban state environmental awareness (for example in
86
4. Thematic action areas
Figure 14: Steps improving conservation of natural resources, biodiversity and cultural heritage.
encouraging separation of waste at source) introduced to cover operating costs, but grad-
and in providing access to information about ually full cost recovery should be achieved.
the state of relevant environmental indicators The design of the fee collection system is
(e.g. water safety, air pollution). Such projects suitable for a relatively short term DP project
are suitable as small scale activities, but to that should also systematically explore and
have a wider effect they need to be replicated analyse the merits and drawbacks of different
and scaled up. existing solutions in Myanmar. SIAs of such
5. Support the creation of new business systems are essential.
and employment activities in par-
ticular in recycling and progress
towards a circular economy.16
4.6 conservation of natural
There is no detailed information on the volume
of these potential activities, but especially resources, biodiversity and cultural
large urban areas offer opportunities. Coop- heritage
eration between cities and the private sector
and environmental and social NGOs and CBOs Objective: To safeguard cultural and biological
is important and small scale DP projects can values of Myanmar and to ensure sustainable
encourage explorative experimenting. use of Myanmars rich natural resources.
6. The financing of urban environmental facilities
The pressure on Myanmars natural resources is
is often challenging as the required invest-
increasing and action is needed to ensure progress
ments are large. In addition to direct invest-
towards sustainable practices both with respect
ment support and soft loans, there is a need
to renewable and non-renewable resources. An
for developing systems of cost recovery
exhaustive roadmap for the sustainable use of
in water utilities, waste management and
natural resources is largely beyond the scope of
waste water treatment. Initially fees can be
this study as the ECL and the ECD play rather lim-
16 For a description of the concept, see for example http // ited roles in the management of natural resources.
ec.europa.eu/environment/circular-economy/index_en.htm
87
Needs assessment for effective implementation of the Environmental Conservation Law
Some of the priority actions are to clarify the roles 4.7 Awareness raising, information
of different actors and authorities, promote com-
management, research,
munity management and take biodiversity into
account in planning and management (Figure 14).
dissemination and training
1. The duties and powers of the ECD should be Objective: Significantly increase the
clarified in the conservation of natural re- environmental awareness in Myanmar at all
sources, biodiversity and cultural heritage, levels of society, ensure adequate management
in relation to the Forest Department and other of environmental information and strengthen
MOECAF departments, as well as the other rel- the production and use of environmental
evant sector ministries and agencies. Actions information in Myanmar.
should be taken to define the mechanisms
Environmental awareness needs to be devel-
to operationalize coordination and support.
oped through many separate steps starting with
These actions are to be taken by MOECAF as
education in schools and higher education, and
they provide a base also for funding and HR
reaching also decision-makers in society (Figure
development.
15). Access to environmental information needs
2. Impacts on biodiversity and the obligation
to be supported by adequate management of
to define measures to mitigate negative
existing and accumulating data and knowledge.
impacts should be made part of the EIA
This will also create a base for the strengthening of
procedures. Projects should be initiated to
environmental research.
build capacity to carry out the studies that are
needed. Partly this can achieved by publishing 1. ICT-based systems for managing key infor-
examples of good practice from actual EIA mation related to environmentally signif-
cases funded by developers, but DP supported icant activities should be established. The
project may also be implemented to, for exam- systems should be accessible to all authorities
ple, refine methodologies. dealing with environmentally significant ac-
3. Building on available research an assess- tivities such as all polluting industries, power
ment of the social, economic and environ- plants, mining activities, wastewater treat-
mental performance of the Community ment facilities and waste treatment facilities.
Forestry programme should be carried out They should be established in co-operation
to extract recommendations for expanding between MOECAF, Ministry of Industry, Minis-
the concept to other natural resource sectors. try of Mines, MIC, DICA and other authorities
Specific attention should be paid to the im- involved in managing and inspecting installa-
pacts on marginalized groups, such as ethnic tions and can be developed through a number
minorities and women. The evaluation should of interoperable systems. A starting point may
lead to a long-term task of developing legisla- be the background map data hosted now at
tion to ensure community based management the Survey Department of MOECAF, but which
of natural resources in Myanmars forests and is not accessible to other Ministries or depart-
coastal regions. ments. This is a significant and important task
4. Specific guidelines/rules should be devel- of high priority that can build on existing and
oped to deal with investment activities ongoing DP supported projects. The first step
related to biosafety and biosecurity, includ- is to build an overall vision of the information
ing an ecological risk assessment to reduce management which can then be developed in
the invasion risk of alien species in Myanmar. a stepwise fashion. See also 4.2 EIA, licensing
Such guidelines can be developed based on and compliance monitoring item 2.
international good practice and the task may 2. The Myanmar Environmental Information
therefore be suitable for DP supported proj- Portal should be updated and its contents
ects. Care should be taken to simultaneously expanded (Figure 16). It should provide links
develop the capacity to implement the rules or direct access to information on the state
and guidelines. of the environment gathered in Myanmar, for
88
4. Thematic action areas
example in conducting EIAs. There should also development in the environmental field. One
be cross linking between relevant Ministry of its tasks should also be to bring together
websites and the Environmental Information fragmented environmental research activities
Portal. It should also provide links to the ICT in Myanmars universities and to cooperate
systems suggested in recommendation 1 in with related institutes internationally. In the
order to inform also the public about environ- long term part of the funding could be based
mentally significant activities. Care should be on external funding that can be gained in com-
taken that adequate funding is available for petitive bidding.
the maintenance of the portal. 5. Monitoring and laboratory services at
3. Activities aiming at awareness-raising should national and regional levels should be
be developed for all levels of society. developed. Monitoring activities between
Material for all levels of education should be sectors should be coordinated, using national
produced in co-operation between MOECAF, indicators and standardised methods. Prior-
CSOs, and authorities responsible for educa- ities include monitoring of mining emissions
tion. Institutions of higher education should and drinking water sources. Joint laboratory
be encouraged to jointly develop environ- services should be identified and developed
mental curricula that would strengthen the for different sectors. Laboratory capacity for
base of multi- and interdisciplinary studies of monitoring typical parameters in wastewater
environmental questions in Myanmar. emissions, air pollution (mainly particle emis-
4. A long-term goal should be to establish sions) and toxic substances in waste is needed.
a centre for environmental research in Authorized laboratories are also required by
Myanmar either by creating a new institute or the chemical law (Primary laboratory and
expanding the mandate of existing ones. Such Appellate laboratory). Laboratory services
an institute would open new possibilities for can be complemented with field monitoring
developing environmental research in Myan- capacity at the Regional ECD and PCCD level in
mar and provide support for further policy the major cities.
89
Needs assessment for effective implementation of the Environmental Conservation Law
Figure 16: Suggestions for updating and further development of the Myanmar Environmental
Information portal
90
5. Next steps
5. next steps
The MOECAF will receive support from the UNDP Development Committees of Yangon, Mandalay
for preparation of a National Environmental Pol- and Nay Pyi Taw. However, there is a shared view
icy, Strategy Framework and Action Plan for 2016 that the capacity to deal with environmental
to 2030. The ECD focuses on consolidating its key matters should be significantly strengthened. The
activities and the roadmap is expected to serve as skills and capacities take many forms (Figure 17)
a guiding and supporting document for specific ac- and therefore a diversity of actions is needed.
tions and also strengthening of long-term capacity
building. Projects supported by Development Part- The roadmap provides an overview of key actions.
ners will help in progressing along the roadmap. The ESWG will play an important role in coordi-
nating the projects supported by DPs and it is
As has become apparent from the presentation important that these projects are fully integrated
of actions, there are several alternative ways of with the actions that MOECAF, the ECD and the
strengthening environmental governance in Myan- relevant line ministries take. The roadmap should
mar. The multitude of possibilities also became be regularly revisited in the implementation and
clear in the final workshop of the project on 11 monitoring of the National Environmental Policy,
September 2015 in Nay Pyi Taw with approximate- Strategy Framework and Action Plan to ensure that
ly 30 participants and representatives from more it remains salient and helps to focus the work on
than 10 different line Ministries as well as the City strengthening environmental practice in Myanmar.
Figure 17: The many different forms of skills and capacities needed in the public administration
to improve environmental practice in Myanmar
91
Needs assessment for effective implementation of the Environmental Conservation Law
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Bank, Manila, Philippines. http //www.adb.org/sites/default/files/publication/30074/gms-atlas-
environment-2nd-edition.pdf
ADB. 2012b. Interim Country Partnership Strategy Myanmar 20122014. http //www.adb.org/sites/default/
files/institutional-document/33702/files/icps-mya-2012-2014.pdf
ADB. 2013. Myanmar Urban Development and Water Sector Assessment, Strategy and Road Map.
Institutional Document. Asian Development Bank, Mandaluyong City, Philippines. http //www.
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assessment.pdf
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eoc.org/uploads/resources/22/attachment/Myanmar%20EPA%20Report.pdf
ESWG. 2015. Minutes of the Environmental Sectoral Working Group on 26 March 2015 in Nay Pyi Taw.
FAO. 2011. National Medium Term Priority Framework. 20102014. Nay Pyi Taw.
Hendrix, C. S. and Noland, M. 2015. Myanmar: Cross-Cutting Governance Challenges (SSRN Scholarly
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abstract=2579131
Htun, N. Z., Mizoue, N., Kajisa, T. and Yoshida, S. 2010. Deforestation and forest degradation as measures of
Popa Mountain Park (Myanmar) effectiveness. Environmental Conservation, 36(3), 218224.
Jones, L. 2014. The Political Economy of Myanmars Transition. Journal of Contemporary Asia, 44(1),
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Kattelus, M., Rahaman, M. M. and Varis, O. 2014. Myanmar under reform Emerging pressures on water,
energy and food security. Natural Resources Forum, 38(2), 8598. http //doi.org/10.1111/1477-
8947.12032
KPMG. 2013. Infrastructure in Myanmar. KPMG Advisory (Myanmar) Limited. https //www.kpmg.com/MM/
en/IssuesAndInsights/ArticlesPublications/Documents/Infrastructure-in-Myanmar.pdf
Kyaw Phone Kyaw. 2015. State-owned Economics Enterprises ripe for reform, Myanmar Times, 09 February
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economics-enterprises-ripe-for-reform.html
Kyi Pyar Chit Saw and Arnold, M. 2014. Administering the State in Myanmar: An Overview of the General
Administration Department. MDRI-CESD and The Asia Foundation.
Leimgruber P., Kelly, D. S. Steininger, M. K., Brunner, J., Mller, T. and Songer M. 2005. Forest cover change
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References
93
Needs assessment for effective implementation of the Environmental Conservation Law
94
List of laws and regulations reviewed
95
Needs assessment for effective implementation of the Environmental Conservation Law
96
Appendix 1. Parties consulted during the needs assessment process
97
Needs assessment for effective implementation of the Environmental Conservation Law
98
Appendix 2. Workshop proceedings and participants (22 and 25 May 2015)
2. findings and issues raised in the The lack of sustainability in energy policies
(including fuel for rural people) was identified
discussions
as being also an important environmental issue.
The problem of hydropower development in the
Important environmental problems Salween river was noted as a specific area of con-
cern in relation to livelihoods along the river. It is
The discussions on Myanmars environmental
not clear how the people would benefit from the
challenges identified numerous issues that need
development and how the adverse consequences
to be addressed. A root cause to many of the
are dealt with. Specific anxieties have arisen in
problems was felt to be a lack of awareness and
relation to potential floods and the consequences
understanding of environmental issues air, water,
of earth quakes. This is related to a broader issue of
health, overexploitation of both terrestrial and
investment projects vs. land rights and the general
aquatic natural resources, loss of biodiversity
pressures that development projects may have for
including habitat loss and declining populations
ordinary people.
There is therefore a need for environmental edu-
cation for the public and for policy makers. There 1) Improving the ways to deal with
is also a lack of environmental data, and research, environmental concerns
baselines are not available. The legal framework
is still unclear, the CSOs do not yet see how the
Raising environmental awareness
ECL will be implemented in practice. It was also
stressed that there is a true lack of government The building of local capacity and efforts to raise
capacities. Responsible authorities at township awareness of environmental issues were seen
level are not informed nor empowered to conduct to be important and it should be supported by
environmental management. A problem is the more environmental education at schools at all
avoidance of conflict although there is recogni- levels. As a specific type of capacity, the workshop
tion of adverse development, there is reluctance identified the need for more environmental layers
to say any negative things about it out of fear of and training in environmental legislation to defend
senior officials or other repercussions. locals interests and rights.
99
Needs assessment for effective implementation of the Environmental Conservation Law
Need for new specific regulation or practice that the dams are safe and that the benefits reach
the people in the region. There is also a need for
The workshop stressed that environmental legis-
information of disaster risks and security. In gen-
lation needs to be modernized to become more
eral more transparent information on hydropower
comprehensive. It was felt that the recent Environ-
development is needed.
mental Conservation Law is mainly for MOECAF
and ECD and that other ministries lack modern The need for open and accountable information
environmental legislation. Specific proposals to prior to organizing consultation with people was
consider were a Law on sustainable development underlined. Sincere information on both negative
and a Law on climate change. In addition it was and positive impacts of projects must be available.
pointed out that there is a need for a general Ad- This should apply to all projects and also include
ministrative Law that would ensure peoples rights information on possibilities for compensation for
and that the also authorities obey the laws. those negatively affected.
100
Appendix 2. Workshop proceedings and participants (22 and 25 May 2015)
distribution of information was noted to be the important projects is an essential starting point
stabilization of regulations, including clear and for developing environmental information. The
transparent guidelines for their application. It was statistics should be developed by including
also noted that there is a fear for information where specifications of the responsibilities and duties
armed groups operate and this hinders access and of project developers, with requirements that the
use of information. information should be made public. Concerning
large scale projects specific requirements were
With co-operation based on transparency between raised that contract information should be dis-
CSOs and government access to information closed, including information on the ownerships
could be improved. CSO can act as bot sources of behind the developer.
essential information and as mediators in case of
conflict. The use of local knowledge to strengthen the
baseline information should be developed. The
A technical solution for improving the collection greatest improvement can be achieved through a
and dissemination of information could be a GIS combination of the skills and knowledge of techni-
based system on land use that would provide links cal experts, CSOs, local inhabitants and scientists.
and access all available information, including It would lead to community based EIAs that would
land ownership, development projects, and com- also put pressure on companies to follow the out-
pensation for adverse impacts. comes and recommendations.
A step in improving access to information would One part of the development of better information
be to improve the quality and contents and in par- would be need assessments with and for local
ticular the updating of the web-sites of Ministries. people. The progress in electrification was cited as
There are international models that could be used, specific example where such needs assessments
for example Hong Kong on EIA. are needed. Such information should be collected
also from quiet people, i.e. often people in weak
Government plans and strategies on environmen-
socio-economic position who are not used to
tally significant areas such as transport and energy
defend their interests, in co-operation with the
should be announced in time and more openly.
communities to know if and how progress has
Information platforms should be developed for
been achieved and where the greatest needs are.
these plans and strategies, including systematic
Specific progress could be achieved by creating
mechanisms for updating and sharing information.
conditions for networking and multi stakeholder
To achieve this government departments could
participation. It would lead to the integration of
appoint official spokespersons and develop their
different sources of information and thereby to
media skills and capacities. This would include ed-
more reliable overall findings and conclusions.
ucation for government departments in the use of
www and social media, in how to provide essential Government departments could initiate the im-
information on plans and projects and in how to provement of information by providing lists of ac-
communicate with CSOs. tivities and developers so that CSOs could contact
them. There should be systematic procedures for
Digital libraries on available information could
projects that require the identification of contacts.
also be developed, with summaries/abstracts of
In the same vein project should be required to
the available information. Improved availability of
identify correct contacts and whom to inform of
reference documents on impacts and on baseline
the developments through registration of people
conditions could be achieved in co-operation
whose interests may be affected. It would be based
with CSOs. The production of regional state of the
on correct and verified information on land use that
environment reports would provide access and
builds on verified local information. This would be
reference to available information on the baselines
a first step in building trust and in developing an
and would encourage systematic collection of new
attitude of open access to information as well as
information.
creating possibilities for integrating information
from different sources.
Systematics statistics on all environmentally
101
Needs assessment for effective implementation of the Environmental Conservation Law
Some CSOs have good experience in the use of The contribution of CSOs is not without challeng-
social media, expanding the use from city regions es. Experiences of such challenges include the
would create new opportunities for information following
sharing.
currently the Ministry of Education has been
A general way to improve access to information reluctant to work with CSOs, however they
was observed to be the strengthening of research have been working with monastery schools
based information that would enable the analysis CSOs need permission from Government office
of complex data and information that is needed to conduct workshops with different target
in areas such as hydropower development, devel- groups
opment of electric grids and other major environ- public participation meetings are usually held
mental issues. only in cities rural communities are not usu-
ally approached by project proponents
Another general way to improve awareness and ac- resettlement because of dam construction
cess to information was the training of journalists. was performed without prior consultation of
Workshops that would cover access to information the community
and media ethics would be steps on the way to people are tired of consultation meetings
strengthening the capabilities of media to report registering of CSOs is often difficult only
on essential questions concerning environmen- registered CSOs have rights
tally significant projects. The media could play CSOs are regarded as enemies of the Govern-
an especially role in informing communities on ment
projects and their likely impacts.
In the discussion it was recognized that there
are different types of CSOs. Some are expert
3) Current and future roles of CSOs in organizations with highly skilled members, for
dialogues between civil society, project example retired government officers acting close
developers and the government, and to non-profit consultants. Some are ethnic based
also international donors CSOs. Some have grown from community based
organizations. Others are humanitarian or rights
The roles that CSOs have been able to play based organizations with social work as their main
under the current legislation in environmental concern and environment as a secondary concern.
matters
The CSOs have been active in several ways. the Roles CSOs could play in the future in the
following specific roles were mentioned implementation of environmental legislation
102
Appendix 2. Workshop proceedings and participants (22 and 25 May 2015)
103
Needs assessment for effective implementation of the Environmental Conservation Law
nities and leaders so that they could ultimately eral the transparency in big project planning and
represent themselves implementation should be significantly improved
CSOs should form networks to pool resources to create more trust between communities and
and influence, as many of them are very local projects.
and too small to access any grants from donors
104
Appendix 2. Workshop proceedings and participants (22 and 25 May 2015)
Group 2 Information development [total 35] Interpretation of EIAs to people, training and
support to CBOs in environmental conflicts,
Raise environmental awareness at all levels, espe-
EIAs, SIAs and related public hearings (2)
cially decision making with workshops, study tours
Curriculum development, outreach in schools,
etc. (9)
coordination with ECD/Ministry of Education
Community based SEA (5)
Develop legislation for open information [compare
EITI requires CSOs to participate (mining) (3)
Aarhus Convention of the ECE and the correspond-
CSOs in monitoring, compliance and convey-
ing EU Directives] (9)
ing complaints to authorities (4)
Develop a culture of openness in government (2) Networking of CSOs to strengthen influence
Group 4 Changes needed for strengthen CSOs
spokespersons
to have a stronger role in environmental
rules of procedure
governance [total 36]
access to information on government plans
regular updating of available information Changes in laws and rules
www
clearly defined rights to information (4)
Improve baseline information on the state of the Rights and mechanisms to intervene, submit
environment and people (8) complaints (1)
Obligation for government to take into account
local reliable information collected in co-op-
CSO statements (1)
eration with communities, CSOs, improving
Structures for engagement: platforms at na-
statistics
tional, state, regional level (2)
land use information
FPIC
increase capacity for scientific analysis
Constitutional amendment (9)
make information publicly available
Change in practice
Public disclosure of the state of the local environ-
ment air quality, water quality (2) Rule of law same law for all (4)perception of
law will change
Public disclosure of project plans, developers,
Transparency of governance (4)
contracts, owners (3)
Political will to engage with CSOs (5)
Political will to take environment seriously (2)
Provide information on EIA in time to those affect-
Capacity-building of decision makers to bridge
ed and make requirements on EIA to display both
gaps (1)
negative and positive impacts ensuring verified
Networking of CSOs to pool resources and
and sincere information (1)
influence (1)
Develop CSOs as providers of information plat- CSO to empower local communities (2)
forms and mediators through networking and Group 5 The need to develop the activities and
multi-stakeholder participation (1) practices of authorities other than the national
environmental ones [total 27]
Group 3 Role of CSOs in environmental
Increase capacity of authorities at all levels in
governance [total 17] environmental issues (9)
Include as member in official committees Increase diversity of participation in development
such as the Development Supply Committee, projects (2)
Regional Environment Committee (3)
Piloting new technologies, practices role in Increase cooperation and integration between
dissemination authorities (3)
Expert works as consultant to the government
or donors
105
Needs assessment for effective implementation of the Environmental Conservation Law
list of participants
1 Mo Aung Nay Chi Advancing Life and Regenerating Motherland (ALARM) Yangon
2 Dr. Thiri Dae We Aung Biodiversity And Nature Conservation Association (BANCA)
106
Appendix 2. Workshop proceedings and participants (22 and 25 May 2015)
107
Needs assessment for effective implementation of the Environmental Conservation Law
108
Appendix 2. Workshop proceedings and participants (22 and 25 May 2015)
109
Needs assessment for effective implementation of the Environmental Conservation Law
110
Appendix 2. Workshop proceedings and participants (22 and 25 May 2015)
and environment
Develop voluntary system as a route to man-
datory
Rewards and incentives
list of participants
# Name Organization
1 Ms. Anastacia Howe MPRL EEP
2 Daw Kyisin Aung MPRL EEP
3 U Saw Win Eguard Services
4 Daw Yinmar Swe Hlaing Eguard Services
5 Mr. Chris Brown ERM
6 Ms. Becky Summons ERM
7 U Min Aung Hein Harmony Myanmar Agro
8 Robert Htun New Harmony Myanmar Agro
9 U Htun Naing Aung Myanmar Industries Association
10 Mr. Joern Kristensen Myanmar Institute for Integrated Development
11 Mr. David Abrahamson Myanmar Institute for Integrated Development
12 U Tin Than Myanmar Survey Research
13 U Phone Myint Htun Myanmar Survey Research
14 Mr. Ben Robinson SMEC
15 Mr. Paul van Strijp SMEC
16 Mr. Michael Clarke SMEC
17 U Kyaw Naing
18 Ms. Virginia Alzina
19 Khaing Thant Sin Aung PRIME Agri
20 Aung Kyaw Soe MCRB
21 Konyi Yangonlife
22 Vicky Bowman Myanmar Centre for Responsible Business
23 Saw Doh Wah UNDP
24 Thiri Aung UNDP
25 Maria Suokko Ministry for Foreign Affairs of Finland
26 Salla Rantala SYKE
27 Jorma Jantunen SYKE
28 Kirsi Mkinen SYKE
29 Mikael Hilden SYKE
30 Maung Maung Than SYKE
31 Raimo Lilja SYKE
32 Mikko Jokinen SYKE
111
Needs assessment for effective implementation of the Environmental Conservation Law
asking necessary proposals and suggestions from the 6e 16d NECC Coordination, advice
relevant Government departments and organizations for
conservation and enhancement of environment
112
Appendix 3. Duties and powers of environmental authorities in ECL
Planning and laying down national or regional 7b 14, 15, MOECAF Implementing policies
environmental management work plans 16 a,b
Laying down, carrying out and monitoring programmes 7c, 17 MOECAF Implementing policies
for enhancement of the environment, and control of 13 Monitoring
environmental pollution e.g. monitoring of the use environmental
of agro-chemicals, discharge of pollutants, waste pollution
management, construction, mineral use.
Submission of proposals to the Committee for economic 7e 18 MOECAF Proposing economic
incentive mechanisms NECC instruments
113
Needs assessment for effective implementation of the Environmental Conservation Law
114
Appendix 3. Duties and powers of environmental authorities in ECL
115
Needs assessment for effective implementation of the Environmental Conservation Law
Main findings in gap and Recommendations to improve the implementation and Proposed role of relevant
needs analysis enforcement of ECL organizations
Regulation
Regulatory instruments EIA Procedure with Administrative Instructions and Guidelines ECD
need to be finalized for the ECC finalized and issued.
Adjusting the thresholds for EIA / IEE activities and giving a
transition period long enough for existing activities to submit
their EMPs to MOECAF.
Coordination of One window procedures for investments. EIA to be integrated MIC, ECD, sector ministries
environmental/sector in the procedures. Time demands for EIA assessment must be
licensing realistic.
Appeal and sanction Regulations should include mechanisms of appealing the ECD
mechanisms are not clearly conditions of the environmental license. Union General Attorneys
defined or are weak. Mechanisms for enforcement should be strengthened for Office
dealing with non-compliance with ECCs and environmental Regional/State Governments
standards. Procedures for using administrative fines should be
developed. Support from relevant sector
ministries
Practical implementation
Technical staff for EIA On the job support for EIA review, ECC conditions. ECD
assessment and licensing is 1. Sector Guidelines for the most important industries are sector ministries
under huge pressure. needed to support effective and coherent implementation of Industrial associations
EIA. Oil and gas, mining, dam and hydropower, industry and
Industrial zones, special economic zones and Infrastructure
have been identified as priority sectors needing EIA guidelines.
2. Gradually delegating the state/regional ECDs the mandate
to process IEEs and EMPs of small and medium size activities.
Practices for Social impact Strengthening SIA requires social and socio-economic expertise ECD.
assessment are vague. both at MOECAF and at consultant companies and also Resettlement and
strengthening the possibilities of the civil society participation compensation M. of
in the processes. Resettlement etc
Consultants, CSOs, CBOs
The capacity for processing Enforce the obligation of licensed activities to monitor their ECD
EMPs and for compliance environmental impacts (self-monitoring practices). Support from relevant sector
monitoring is very limited. On the job support to Central ECD and selected Regional ECDs ministries
and Regional Environmental Committees in designing and
implementing compliance monitoring plans.
On-the-job training for Regional ECDs on water and air quality
sampling and monitoring, including interpretation of results
and dissemination of findings.
3. There is a need to create a learning process for developing
EIA practice. Intensive EIA capacity building is needed
especially within ECD and regional/state administration but
also within authorities at all levels and within industries and
consultants. Joint seminars and conferences between different
actors involved in EIA could raise common understanding and
coherent implementation of EIA.
Information management, monitoring capacity and research
116
Appendix 3. Duties and powers of environmental authorities in ECL
Main findings in gap and Recommendations to improve the implementation and Proposed role of relevant
needs analysis enforcement of ECL organizations
EIAs, IEEs and EMPs are ECD at central and regional level should be equipped ECD
processed manually with a computerized system for tracking the processing of
environmental licenses.
A compliance monitoring database is needed first for joint
use by Central ECD and regional ECDs and in a second stage
with linkages to the environmental inspectorates of the sector
ministries and PCCDs of main cities.
Organize the compiling and effective use of information
accumulated from EIA and compliance monitoring reports, e.g.
by conducting periodical sector wide benchmarking studies.
Public Participation and rule of law
Unsystematic public Development of Guidelines for the Public Consultation ECDs at central and region/
participation and lack requirements. state level
of capacity of local Good practices for solving environmental grievances at the CSOs
stakeholders to contribute local level.
to public consultations. INGOs
Strengthen collaboration between authorities and CSOs/
NGOs to utilize their capacity to express public concerns and
grievances.
Support to CSOs for capacity building of CBOs to enable
their active participation in conflict resolution and reporting
impacts.
Main findings in gap and Recommendations to improve the implementation and Proposed role of relevant
needs analysis enforcement of ECL organizations
Regulation
The acceptable level of Issue the emission standards and ensure coherence of ECD has a lead role.
emissions from different standards issued by sector ministries. Collaboration with Ministry
activities is not legally of Industry, Ministry of Mines,
defined. Ministry of Health, Pollution
Control and Cleansing
Department in major cities
Clarify the obligation for self- Ensure that the regulations related to ECCs include specific ECD and inspectorates in
monitoring and reporting. obligations to conduct self-monitoring and report to the relevant sector ministries.
monitoring authorities
Practical implementation
Pollution control plans Soft loans for central wastewater treatment facilities in existing Ministry of Planning and
need to be followed by an industrial and special zones Investment
investment program CDCs of major cities
The capacity for processing Develop sector specific technical guidelines for pollution ECD
EMPs and for compliance control and compliance monitoring.
monitoring is very limited. On the job support to Central ECD and selected Regional ECDs Support from relevant sector
and Regional Environmental Committees in designing and ministries
implementing compliance monitoring plans.
On-the-job training for Regional ECDs on water and air quality
sampling and monitoring, including interpretation of results
and dissemination of findings.
Field monitoring capacity at regional ECD and PCCD level in the
major cities
Training for industry in self-monitoring
117
Needs assessment for effective implementation of the Environmental Conservation Law
Main findings in gap and Recommendations to improve the implementation and Proposed role of relevant
needs analysis enforcement of ECL organizations
Lack of services in Laboratory capacity for monitoring typical parameters in ECD and sector ministries
environmental monitoring wastewater emissions, air pollution and toxic substances in Ministry of Industry
wastes.
Capacity building of local consultants and institutes in
conducting voluntary cleaner production audits.
Information management, monitoring capacity and research
ECD lacks the database of Compliance monitoring database first for joint use by Central
polluting industry. ECD and regional ECDs and in a second stage with linkages to
the environmental inspectorates of the sector ministries and
PCCDs of main cities
Lack of national water Develop national water quality monitoring program ECD, Watershed Conservation
quality monitoring program On the job training for regional ECDs on water sampling division of Forest Department,
M. of Agriculture and
TA to ECD on the interpretation and dissemination of findings Irrigation, M. of Health,
Pollution Control and
Cleansing Department of
major cities
Public participation and access to information
Unsystematic public Good practices for solving environmental grievances at the
participation and lack local level.
of capacity of local Support to CSOs for capacity building of CBOs to enable
stakeholders their active participation in conflict resolution and reporting
impacts.
Main findings in gap and Recommendations to improve the implementation and Proposed role of relevant
needs analysis enforcement of ECL organizations
Regulation
The mandate of ECD is not Preparation of hazardous waste strategy, Master Plan and HW MOI has the coordinating role
recognized in the existing regulations. Hazardous waste regulations should be issued in chemical management. ECD
sector legislation on taking into consideration both ECL and the chemical law, has the duty of monitoring,
hazardous substances and the mandates of respective Committees and Boards and the assessing and regulating of
their life cycle. obligations of the international chemical conventions. the environmental hazards of
Regulations on hazardous Regulations for the prevention and control of health and chemicals in different sectors.
waste management are not environmental hazards from the production, transport, storage
based on ECL. and use and for registration of chemicals in different fields
of use should be synchronized between MOI, ECD and the
other relevant sector Ministries. The notifications of regulated
chemicals should be revised to take into consideration the
international chemical conventions.
The concept of The roles of different authorities including NECC and ECD
Environmental Emergency is should be defined in the national disaster management plans.
not defined in ECL. ECD could have a relevant role in regulating the environmental
aspects of the mitigation and response actions in oil and
chemical accidents, for example in providing guidelines for
the management of wastes emerging from environmental
emergencies.
Practical implementation
Non-existing facilities and The compiling of the Master Plan for HW management ECD
services for hazardous waste should be followed by an investment phase for establishing Ministry of Industry
management environmentally and economically sustainable treatment and
disposal services.
118
Appendix 3. Duties and powers of environmental authorities in ECL
Main findings in gap and Recommendations to improve the implementation and Proposed role of relevant
needs analysis enforcement of ECL organizations
Low capacity in monitoring ECD and DISI staff capacity building and on-the-job support for
compliance with hazardous the inspection and enforcement of HW regulations in industry
waste regulations. and service businesses.
The role of ECD in HW Prepare guidelines for the management of oil and chemical
management should spills and accidents and the management of the HW arising
be linked with the from the emergency response. This task should be performed
preparedness for chemical in coordination with the Central Supervisory Board of the
accidents. chemical law.
Information management, monitoring capacity and research
Limited laboratory capacity Laboratory capacity for monitoring toxic substances in wastes ECD, MOST, sector ministries,
universities, companies
Information of defining and Regulations for identifying HW can be based on international ECD
classifying hazardous waste guidelines and should be disseminated to the industry. sector ministries
industrial associations
Hazardous waste inventory National HW inventory should be performed using a sector ECD
is lacking specific approach. The effort should be linked to the MOI
establishment of a national HW generator database and
reporting system. other sector ministries
Main findings in gap and Recommendations to improve the implementation and Proposed role of relevant
needs analysis enforcement of ECL organizations
Regulation
National guidelines for Environmental concerns should be mainstreamed into the ECD with MoT, City
urban environmental urban planning regulations and guidelines issued by the development committees,
management have not been Ministry of Transport and other relevant sector ministries. The research institutes.
revised after the issuance issues include zoning of activities, traffic planning, green area
of ECL. planning, water safety, waste and wastewater management.
Practical implementation
Poor level of municipal The approval of the National Waste Strategy should be The regional NEC could play
waste management and followed by an action plan. A waste management model for a coordinating role in the
recycling. small towns should be developed and experiences from pilot regional development of
towns disseminated throughout regions and states. Due to urban waste management.
high organic content of municipal waste, biogas generation
and production of organic fertilizers should be considered a
priority option. Cooperation with private
sector recycling businesses
The management of septic tank sludge should be included in and environmental and social
the urban waste management plans. Low-cost, labor intensive NGOs and CBOs is important
technology is preferred, but to limit the number of dumping for maximizing resource
places regional level waste plans are needed. recovery and employment
Develop effective systems for collecting service fees from opportunities.
house owners for ensuring sustainable environmental services.
119
Needs assessment for effective implementation of the Environmental Conservation Law
Main findings in gap and Recommendations to improve the implementation and Proposed role of relevant
needs analysis enforcement of ECL organizations
Almost non-existing urban Soft loans for central wastewater treatment.
wastewater treatment. Affordable technology to reduce the emission of organic
load, nutrients and fecal bacteria into the environment. Soft
financing of the investments and capacity building for the
operation and maintenance of the sewer network and the
treatment facilities are needed. This work has already started
in the big cities and the major regional/state level cities. More
support is needed to expedite the development in the smaller
towns, which lack financial resources, planning capacity and
technical knowhow.
Financing and TA for centralized industrial wastewater
treatment facilities in industrial zones and TA for industrial
wastewater treatment.
120
Appendix 5: internAtionAl environmentAl conventions /
protocols / Agreements signed / rAtified by myAnmAr (july 2015)
No. International Environmental Conventions/ Protocols/ Agreements Date of Date of Date of Cabinet Remarks
Signature Ratification Member- Approval Date
ship
1. Plant Protection Agreement for the South-East Asia and the Pacific Region, Rome, 1956 4-11-1959 4-11-59 MOAI
(Adherence)
2. Treaty Banning Nuclear Weapons Test in the Atmosphere in Outer Space and Under Water, 14-8-1963 15-11-1963 MOD, MOST
Moscow, 1963 (Ratification)
3. Treaty on the Prohibition of the Emplacement of Nuclear Weapons and other Weapons 11-2-1971 MOD, MOST
of Mass Destruction on the Sea-Bed and Ocean Floor and in the Subsoil there of, London,
Moscow, Washington, 1971
4. Convention on the Prohibition of the Development, Production and Stockpiling of 10-4-1972 MOD
Bacteriological (Biological) and Toxin Weapons, and on their Destruction, London, Moscow,
Washington, 1972
5. International Convention for the Prevention of Pollution from Ships, London, 1973 (Accession) MOT (under par.
1&2 of Article 1
of the Protocol
of 1978)
6. Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from 4-8-1988 MOT Except
Ships, London, 1973 (Accession) for Annexes III,
IV and V of the
Convention
7. United Nations Convention on the Law of the Sea, Montego Bay, 1982 10-12- 21-5-1996 MOT
1982 (Ratification)
8. United Nations Framework Convention on Climate Change, New York, 1992 (UNFCCC) 11-6-1992 25-11-1994 41/94 MOECAF(ECD),
(Ratification) 9-11-1994 DMH(MOT)
Appendix 3. Duties and powers of environmental authorities in ECL
9. Convention on Biological Diversity, Rio de Janeiro, 1992 11-6-1992 25-11-1994 41/94 MOECAF, ECD
(Ratification) 9-11-1994
10. Treaty on the Non-Proliferation of Nuclear Weapons, London, Moscow, Washington, 1968 2-12-1992 MOD, MOST
(Accession)
11. Convention on the Prohibition of the Development, Production, Stockpiling and Use of 14-1-1993 MOD
Chemical Weapons and their Destruction, Paris, 1993
12. International Tropical Timber Agreement (ITTA), Geneva, 1994 6-7-1995 31-1-1996 MOCAF/FD
121
(Ratification)
No. International Environmental Conventions/ Protocols/ Agreements Date of Date of Date of Cabinet Remarks
122
Signature Ratification Member- Approval Date
ship
13. Vienna Convention for the Protection of the Ozone Layer, Vienna, 1985 24-11-1993 22-2-1994 46/93 MOECAF/ECD
(Ratification)
14. Montreal Protocol on Substances that Deplete the Ozone Layer, Montreal, 1987 24-11-1993 22-2-1994 46/93 MOECAF/ECD
(Ratification)
15. London Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, 24-11-1993 22-2-1994 46/93 MOECAF/ECD
London, 1990 (Ratification)
16. The Convention for the Protection of the World Culture and Natural Heritage, Paris, 1972 29-4-1994 6/94 MOCulture
(Acceptance) 9-2-94
17. ICAO ANNEX 16 Annex to the Convention on International Civil Aviation Environmental (Accession) MOT,DCA
Protection Vol. 1 Aircraft Noise
18. ICAO ANNEX 16 Annex to the Convention on International Civil Aviation Environmental (Accession) MOT, DCA
Protection Vol. II Aircraft Engine Emission
19. Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer 22-5-1967 18-3-1970 MOST, MOFA
Space Including the Moon and Other Celestial Bodies (Outer Space Treaty), London, Moscow, (Ratification)
Washington, 1967
20. Agreement on the Networks of Aquaculture Centres in Asia and the Pacific, Bangkok, 1988 22-5-1990 MOLFRD, DOF
(Accession)
21. South East Asia Nuclear Weapon Free Zone Treaty, Bangkok, 1995 15-12- 16-7-1996 MOD,
1995 (Ratification) MOST,MOFA
22. United Nations Convention to Combat Desertification in Those Countries Experiencing 2-1-1997 2-4-1997 40/96 4-12-96 MOECAF/FD
Serious Drought and / or Desertification, Particularly in Africa, Paris, 1994 (UNCCD) (Accession)
23. Convention on International Trade in Endangered Species of Wild Fauna and Flora, 13-6-1997 11-9-1997 17/97 30-4-1997 MOECAF, FD
Washington, D.C., 1973 and this convention as amended in Bonn, Germany,1979 (CITES) (Accession)
24. Agreement Relating to the Implementation of Part XI of the United Nations Convention on the 21-5-1996 MOT, MOFA
Law of the Sea of 10 December 1982, New York, 1994 (Accession)
25. Agreement to Promote Compliance with International Conservation and Management 8-9-1994 MOLFRD
Needs assessment for effective implementation of the Environmental Conservation Law
123
Needs assessment for effective implementation of the Environmental Conservation Law
124