Tourism swia consultations ppt final (english version) for upload

AGENDA
9:00 Coffee and registration
9:30 Objectives of the session
9:40 Introduction to the SWIA process and report structure
10:00 Presentation and discussion of draft impact analysis
10:45 Coffee break
11:00 Presentation and discussion of draft recommendations
12:30 Follow-up and next steps
OBJECTIVES
◦ Identify whether key findings are relevant and complete - Have we
missed or misdiagnosed key issues?
◦ Elicit recommendations for actions by the Governement, the tourism
industry and other stakeholders?
◦ Further identify and highlight on-going or planned initiatives

Chatham House rule: what is said here will
not be attributed
What is said here will not be considered a
commitment
A summary of the meeting will be produced
and included on our website, without
attribution of comments to particular
participants
softcopy is available on MCRB website :
http://www.myanmar-responsiblebusiness.org/news/

www.myanmar-responsiblebusiness.org
15 Shan Yeiktha Street,
Sanchaung, Yangon
Tel/Fax: 01 510069
Founders:
Current core
funders:
• UK Department
for International
Development
• DANIDA (Danish
development aid)
• Norway
• Switzerland
• Netherlands
• Ireland
Objective: To provide an effective and legitimate
platform for the creation of knowledge, capacity
and dialogue concerning responsible business in
Myanmar, based on local needs and
international standards, that results in more
responsible business practices.

Human rights
based
Human rights lens to consider project impacts and
policy & legal frameworks
Wider audience
than project
EIA/SIA/ESIA
Government and Parliamentarians, business, local
communities, civil society, workers and trade unions
Aims to shape
policy, law and
projects
Examines national context and frameworks, legal
contracts (where available) and business practices.
Identify what actions will help shape or impede
better human rights outcomes for the sector
Information goes
into the public
domain
HRIAs  confidential
SWIA  public good, with aim of improving practices
and outcome of business investment for the
population of Myanmar.
3 Levels of
Analysis
Looks at 3 levels of impacts of the sector: sector,
cumulative and project levels

The UN Guiding Principles on Business and Human Rights
(“the Guiding Principles” or “UNGP”)
Safeguard policies of international financial institutions, IFC
Performance Standards and Environmental, Health and Safety
(EHS) Guidelines
The OECD Guidelines on Multinational Enterprises (which
apply to companies domiciled in an OECD or MNE declaration
adherent country and operating in Myanmar)
The UN Global Compact: based on the same core
international standards as others, but does not provide as
specific guidance so less reference is made to it.

Unprecedented growth of the sector
A priority sector for the country
Opportunities for employment and economic
development accross the country
Potential adverse impacts on a number of human
rights linked to development of infrastructures and
tourism facilities and interaction with tourists
Interest on part of business and government for
development of responsible tourism

1st round of field visits: Oct-Nov
2013
A. Yangon
B. Bagan
C. Inle Lake (Shan State)
2nd round of field visits: Dec - Jan
2014
D. Mawlamyine and Kyaikhtiyo
E. Ngwesaung and Chaungtha
F. Mandalay

National level
 Minister of Hotels and Tourism, Myanmar Tourism Federation
 International Organisations, international/local NGOs, business
associations
Field level
 > 200 individual interviews
 > 100 focus group discussions
Stakeholders consulted:
Local Communities
Tourism businesses (hotels, travel agencies, airlines, restaurants, etc.)
CSOs and CBOs
Media
Political parties
State/ township authorities
Religious leaders
We are not attributing our findings to particular places,
companies, or individuals and we do not intend to list
specific stakeholders with whom we have engaged.

Communities:
16 issue areas including:
consultation, participation, labour,
land, environment, conflict, security,
children’s rights, women’s rights,
etc.
Managers of tourism businesses:
covering issues such as labour,
health and safety and community
impacts
Employees of tourism businesses:
covering issues related to working
conditions and health and safety of
workers
External stakeholders:
questions related to impacts of
tourism operations for local or
national authorities, NGOs,
international organizations,
journalists, political parties, schools,
monasteries, etc.

HRIA is still an emerging approach globally; sector-wide (human rights)
impact assessment has been an experiment
Limited local capacity to conduct human rights impact assessments
(HRIA)
Findings highlight trends seen in six research locations, and thus do not
provide detailed analyses of particular projects or regions
Focuses on field research in locations with existing tourism operations,
rather than prospective areas
No field research was conducted in tourism regions experiencing ethnic
conflict
Limited research time; in some instances no permission was granted to
talk to workers of tourism businesses
Not always possible to conduct worker interviews off-site

• Tourism development and revenues: could positively and
negatively impact conflict-dynamics
• Post-conflict ethnic minority areas (e.g. Kayin, Mon) have tourist
potential
• Ongoing insecurity, poor infrastructure hampers tourism
• Some NSAGs have concerns about tourism development until
ceasefire and political dialogue in place
• Tourism viewed by some as an excuse to extend military
presence
• Fear that businesses with military connections will benefit from
tourism concessions
• Lack of meaningful consultations with CSOs and communities
regarding tourism development
• In some ethnic minority regions tourism is seen as way to
recognize and preserve cultural heritage

• Stakeholder Engagement
• Grievance Mechanisms
• Community Impacts
• Land
• Labour
• Gender
• Children’s Rights
• Culture
• Physical Security
• Environment and Ecosystems Services
the
The following slides capture main
themes and findings of the field
research. Some findings were only
observed in one or two locations. For
further detail please see the draft SWIA

Project Level
Impact Summaries
The following slides capture main themes
and findings of the field research. Some
findings were only observed in one or two
locations. For further detail please see the
draft SWIA

Lack of Consultation and Engagement 
 Near absence of consultations with local communities on tourism
projects;
 In one case, only positive impacts of hotel zone were discussed with
communities when discussion occured;
 Near absence of consultations on true ownership of land;
 Reluctance to allow companies to engage with communities.
 Communities would like to discuss:
 infrastructure requests (electricity, access to water)
 training and capacity development

Grievance mechanisms 
 Communities reluctant to complain;
 No company level grievance mechanisms observed by field team;
 Access to courts to seek redress considered too bureaucratic, time
consuming, too expensive
 Peaceful protesters brought to court;
Examples of good practice
 Bagan: communities consulted about needs of community and involved in
analysis of environmental impacts of tourism on their community
 Ngwesaung: local authorities brought villagers and company together to help
with negotiations regarding land acquisition

Livelihoods affected 
 Positively, by increased economic opportunities;
 But SMEs have challenges in competing with big businesses;
 Increased price of land and food;
 Negative impacts of hotel zone construction on farmers’ livelihoods
Public and community services 
 Improved roads, bridges and transport facilities, but lack of meaningful
consultations with communities;
 Roads damaged due to trucks and construction
 Demand for electricity;
 Lack of proper waste and waste water management;
 Lack of access to water;

Community participation in tourism business
 Emergence of SMEs, more jobs, stable income
 Lack of community participation on tourism projects;
 Difficulties in obtaining licences to operate tourism business for local;
 Request for bribes ( inspections boats / admission to Guides training school )
Community Health and safety 
 Potential negative health impacts due to environmental degradation e.g.
generator pollution;
 Risk of sexually transmitted diseases;
 Some noise disturbing communities (e.g. Yangon hotels)
Housing 
 Cost of construction materials increased;
 Rising costs of land and housing
 Inle Lake: Hospitality vocational training centres - partial scholarships
provided.

Inadequate consultation prior to land acquisition 
 Inadequate consultation and information on existing and future projects;
 In some cases Misleading information to communities to persuade them sell their land;
 Lack of inquiry by gov/companies about land ownership or users before land acquisition
Due process in land acquisition 
 Instability and land tenure insecurity affecting community livelihoods
 Lack of consultations of communities on land acquisition
 Arbitrary confiscation of land;
 Violation of construction regulations;
 Delayed court hearings related to land confiscation;
 But in some cases , some farmers nowadays feel more empowered to complain (e.g.
Ngwesaung);
Physical violence and security of the person
 Use of violence by the local police against those protesting land acquisition (Inle)

Compensation for land acquisition and use
 Lack of transparency in negotiations for compensation;
 Some inadequate compensation, below market value;
 Increased tension during the land acquisition process;
 No compensation offered for the loss of livelihoods;
 Restrictions on freedom of expression and right to protest against forced
land confiscations, protesters accused of instigating conflict;
 Confiscated land left vacant and not returned;
 No compensation for communal land (e.g. Ngwesaung).

Involuntary resettlement 
 Resettlement far away from places of origin (e.g. Ngwesaung);
 Resettlement in areas with poorer conditions (e.g. Chaungtha).
Access to remedy for land grievances 
 Few possibilities to claim back confiscated land
 Mandalay: Awareness raising by a community-based organisation about
negotiation land acquisitions

Employment status 
 Lack of written employment contracts in particular for contract useless;
 Some Contracts contain employee retention clauses;
 Use of temporary staff in high season;
 No oversight of sub-contractors’ labour rights;
 Some discriminatory attitude to hiring (religion)
Working hours, wages, leave and benefits 
 Some cases of excessive working hours
 Instances of no overtime pay;
 Low basic wages;
 Some recovery of expenses from employee salaries;
 Sometimes no system for leave;
 Lack of awareness on fair wages and benefits

Health and Safety 
 Weak procedures on first aid and safety; (i.e fire)
 Lack of health and safety training;
 Occasional lack of provision of clean drinking water for staff ( in some cases)
 Lack of health and safety procedures & practice for subcontractors
Freedom of association and collective bargaining 
 Lack of knowledge and understanding of role of trade unions;
 Very few emerging trade unions in tourism sector;
 Fear of consequences of complaining about working conditions;
 No effective workplace grievance mechanisms / lack of awareness about
alternative grievance mechanisms.

Provision of facilities to workers 
 Some poor accommodation (including hotels, cruise ships)
 Some workers reported receiving poor quality meals
Forced labour 
 No companies identified as using ‘classic’ forced labour (but risk of forced
overtime);
 One reported case of recent forced labour – construction of road to Golden
Rock Pagoda
Examples of good practice 
 Porter’s union was formed in Kyaikhtiyo
 Trade unions in Bagan complaints about low wage levels  led to a hotel
chain considering a group-wide wage policy

Non-discrimination and equal and fair treatment 
 Women occupying unpaid positions in ‘family tourism enterprises’;
 Women in one establishment obliged to certify they would quit if they got
married (in some cases);
 But 3 month paid maternity leave provided in most hotels
Safe Working Conditions
 Female tour guides exposed to safety and security risks;
 Occasionally female tour guides requested to provide sexual services;
 No grievance mechanisms for women employees against sexual harassment
Sex tourism 
 Guides reporting receiving requests from tourists for sex workers was
reported;
 Perception that there could be increase in sex tourism in cities with
established prostitution but no first hand data collected by field team.

Child Labour and Child Begging
 Age verification generally in place in most hotels etc;
 But children working in tea shops and restaurants, souvenir shops, tour
guides, selling cards, begging in the streets.
Children’s health and safety 
 Children labourers engaging in harmful practices (e.g. glue sniffing, alcohol
consumption);
 Child workers mistreated by security staff;
 Risk of accidents due to increased traffic for construction hotel zones
Child Sex Tourism 
Sex workers reported increased demand for younger sex workers according
to secondary sources;
 Team received no direct reports of child prostitution.
Examples of good practices 
 Seven companies signed up to the Code of Conduct for the Protection of
Children from Sexual Exploitation in Travel and Tourism.

Traditions, Social and Cultural Practices 
 Inappropriate and disrespectful behaviour at cultural sites;
 Some tourist locations observing increase in theft, gambling, alcohol
consumption
Cultural Heritage 
Some heritage sites threatened by hotel construction;
Lack of coordination between Ministries on issuance of construction permits;
No community consultation on identification of tangible and intangible
cultural heritage
Examples of good practices 
 UNESCO: Preservation and documentation of intangible culture;
 Tour company in Yangon: Conducting training on cultural heritage and
Myanmar traditions;
 Booklet on ‘Do’s and Don’ts for Tourists in Myanmar’

Company and Public Security 
 Generally good relations between security guards and
communities, no mention of conflicts
 But lack of effective policies/practice, training and capacity of
guards and security personnel in many establishments;
 Reports of child labourers mistreated by security staff

Water and sanitation
 Insufficient management of waste disposal;
 No municipal plan for waste management;
 Pipes blocked by waste (Chaungtha)
 Lack of control over pollution and chemical waste;
 Lack of sewage treatment systems;
 Overexploitation of water resources (Kyaikhtiyo);
Soil and Air 
 Air pollution due to diesel generators;
 Soil erosion due to clearing of forests (Inle Lake region, Kyaikhtiyo);
 Air pollution due to burning of waste and increased traffic;
 Pollution of beaches due to poor waste management
Natural habitat impacts 
 No EIAs or IEEs were conducted in projects visited;
 Risk of depletion of natural resources;
 Destruction of natural landscape (Inle Lake region);

 Mawlamyine: Systematic water and water purification systems
 Environmentally friendly systems of waste disposal and waste
management;
 UNDP and Save the Children: Sewage tanks in Inle Lake region;
 Hotel encouraged farmers to reduce pesticide use in Inle Lake
region;
 Some use of solar panels in main tourist areas;

 Overload of labour inspection capacity;
 Increased pressure on municipal services due to new tourism
infrastructure;
 Overload of local and regional government capacity to effectively
consider EIA

 Competition for workers drives up wages and inflation;
 Increased prices for food and goods makes them unaffordable for
local population;
 Successive construction of hotels in same areas disrupts
communities repeatly;
 Successive land acquisitions diminish land available for livelihoods
local populations;

 High demand for land leads to unaffordability of land for local
communities and future generations;
 Gentrification, i.e. shift in an urban community towards tourism
businesses and increasing property values, leading to displacement
poorer residents unable to pay increased rents;
 Large influx of tourists with lack of respect for local culture affects
traditional culture, values and cultural heritage sites

 Increases in pollutant concentrations in soil or sediments (several
hotels in some area), impacting the livelihoods of farmers and
fishermen;
 Increases in pollutant concentrations in Myanmar’s lakes, rivers and
beaches;
 Reduced water quality due to pollution discharge into rivers, lakes or
sea;
 Reduced water quantity from multiple users;
 Traffic congestion, road degradation and increased noise and dust;
 Reduced fish catch, disruptions to marine environment in coastal
areas and lakes due to waste disposal.

Linked Initiatives
Current/future initiatives on responsible tourism in Myanmar by
government, donors, international organizations, private sector and
NGOs
Public document on MCRB website
Request for feedback on these initiatives (content, status, outcomes)
Examples of Responsible Tourism initiatives elsewhere
Examples of initiatives on responsible tourism elsewhere by
governments, donors, international organizations, private sector and
NGOs, incl. multi-stakeholder initiatives
Request to share any responsible tourism practices from private
sector participants and others

Six questions related to the main positive and negative impacts
observed by tourists
Survey disseminated online, Yangon hotels and airport
124 responses received from tourists during July/August (survey to
continue until October)
Qualitative comments also solicited (analysis to follow later)

Tourist Survey: main
negative impacts observed
(% of tourists answering who rated
issue in top 3)

1. On a sector-wide basis (rather than a project-specific basis)…
 Do these findings sound appropriate?
 Have we missed key issues?
 Have we misdiagnosed issues?
2. (After the break) What are the key recommendations for
Government, companies operating in the sector and other
stakeholders?
Why change current law and practice?
Who needs to act on those recommendations?
How should law and practice change – including by reference to
relevant international standards & good practice? Have we got the
right standards – additions or comments on relevance?
What other initiatives are relevant to achieving better outcomes in
the tourism sector that could be linked to or built on?

4 break-out groups
Group 1: Tourism in Ethnic Areas / Culture
Group 2: Stakeholder engagement/ land and hotel zones/
destination management
Group 3: Environment
Group 4: Labour/Sex Tourism/Children
In each group:
 Discuss suggested suggested actions on these specific
items and provide critical input
 Discuss scope for in-country multistakeholder
initiatives
 Provide updates on ongoing processes and initiatives
 Indicate where your interest lies
 Report back to plenary

Stakeholder engagement
and participation in
tourism development

To ensure that individuals and communities’ voices are heard
during planning of tourism development
To ensure relevant information on tourism projects is shared
with communities and other (affected) stakeholders
To ensure that tourism revenue benefits the Myanmar
population, and in particular the communities in tourism
destinations
To ensure that an effective ESIA process is in place for tourism
projects
To ensure that social investment programmes are developed in
collaboration with communities

Proactively invest time in ongoing and meaningful engagement with
communities, workers and other stakeholders involved in tourism
development, include where E(S)IAs are required
Ensure that women are consulted and can participate in decision-making
processes and have equal access to employment opportunities
Develop operational level grievance mechanisms for communities and
workers that provide accessible, effective processes to address and
resolve concerns related to tourism projects
Promote employment for local communities in the tourism sector
through education & vocational training programmes accessible for all,
assistance & empowerment of SMEs and promotion of local sourcing of
goods and services
Develop social investment programmes in tourism destinations in
collaboration with communities, based on their needs

 To ensure protection of land owners and land users
whose land is or will be acquired for tourism
development
 To ensure that land acquisition processes (including
resettlement) for hotel zones follow international
standards
 To avoid conflicts between communities and
businesses over legacy issues related to land
acquisition and compensation

Conduct Strategic Environmental Assessments of hotel zones in main
tourism destinations to assess potential impacts on communities
Establish clarity for tourism businesses and communities around process
and legal basis for:
 voluntary and involuntary land acquisition by the government and
tourism businesses
 rules and compensation rates for land, housing, crops, other assets
and for access to assets
 When land is expropriated, compensate for both physical and economic
displacement, preferably with alternative land
Practice transparency regarding hotel permits, and land concessions, as
well as negotiations around land acquisition and compensation
Apply international standards for EIA and involuntary acquisition and
resettlement until the land law and policy framework is clarified and
improved.

Carry out enhanced due diligence, with particular
attention to legacy and potential conflict issues
Conduct investigation field visits and react to
complaints related to tourism development (land
confiscation, inadequate compensation)
Provide an access to judicial review for people affected
by involuntary land acquisition or inadequate
compensation
Provide for return of unused land to owners which has
been acquired for tourism purposes

 To build capacity to assess and address the
cumulative impacts of tourism in Myanmar’s
main destinations
To ensure appropriate planning of relevant
public services at a regional level
 To prevent water scarcity and other negative
impacts due to tourism development by
multiple users

• Build the capacity of regional governments
to address cumulative social and environmental impacts
related to the tourism sector
On good resettlement practices
• Include responsibilities of Regions and States
regarding regional tourism planning in the revision of
the Tourism Law
• Carry out Strategic Environmental Assessments for
hotel zones in key tourism destinations to assess
actual and potential impacts at the regional level,
which can then inform individual tourism projects
• Undertake transparent regional and township level
water use and waste management planning related to
tourism development

To ensure that tourism development in
ethnic minority areas proceeds at a pace
supported by the majority of ethnic minority
stakeholders
To ensure that stakeholders in ethnic
minority areas are consulted, and can
participate in tourism development
To ensure that ethnic minority areas
economically benefit from tourism
development

Consult with communities and in their local
language regarding tourism development, taking
into account appropriate timing of tourism
development and needs of communities
Consult also with non-state armed groups
Take active measures to ensure local ethnic
minority communities benefit economically from
tourism
Raise tourist awareness about, and encourage
respect for, Myanmar’s diversity when traveling in
ethnic minority areas

To ensure that the Myanmar culture,
tradition and religion is respected by foreign
tourism businesses and visitors
To ensure that the Myanmar culture,
tradition and religion is promoted by the
government and local tourism industry
To ensure that the privacy of local
communities is respected

• Require tourism business to protect cultural
heritage according to IFC Performance Standards
• Consult and assess whether tourism is welcomed
by the local population; respect privacy of local
communities
• Raise awareness amongst foreign tourism
businesses and visitors about culturally
appropriate behavior
• Promote Myanmar culture, traditions and religion
through tourism, e.g. supporting local handicrafts

 To address current gaps in the legal
framework of environmental controls and
bring them in line with international
standards
 To build corresponding government capacity
 To ensure that there is a contractual
requirement for environmental compliance
by tourism businesses that provides a basis
for liability for environmental damage
 To ensure that visitors respect the
environment

Develop national environmental standards and
guidelines for the tourism sector. Until then, use
IFC Performance Standards and Environment Health
and Safety Guidelines
Develop regional water use and waste management
plans in key tourism destinations
Ensure that the Myanmar National Water
Framework Directive (MNWFD) being developed by
the National Water Resources Committee (NWRC)
specifically addresses the tourism sector
Raise awareness amongst tourists regarding
environmental practices such as waste disposal

 To ensure that forthcoming labour law and practice
is in line with the ILO Core Labour Standards
 To ensure that international health & safety
standards are applied consistently
 To protect workers from exploitation in the tourism
industry and its supply chain, including temporary
& (internal) migrant workers

Apply relevant international standards in the tourism industry in
the absence of updated national standards on health & safety
o Many Myanmar labour laws are being updated. International
standards provide a solid basis for sound worker-management
relationships that respect the rights of workers
o Given the vulnerability of day labourers, temporary and
migrant workers, pay particular attention to the contract
conditions for these workers when engaging them directly or
through business partners
o Promote gender equality
Provide training on workers in the tourism sector and supply
chain on labour rights and health and safety
Support freedom of association and provide an operational level
grievance mechanism for workers and their organisations to
raise workplace concerns

To prevent Myanmar following in the
footsteps of its neighbours of becoming a
sex tourism destination

Implement laws to protect women and men from sexual
exploitation
Raise awareness among tourists about laws relating to
prostitution in Myanmar
Include reference to the prohibition of child sex tourism
in relevant laws
Develop a National Action Plan against Child (Sexual)
Exploitation
Raise awareness of police, magistrates, communities,
village heads about the illegality of child sex tourism
and on how to recognize and act when child sex
tourism is discovered
Promote adherence to The Code of Conduct for the
protection of children from sexual exploitation in travel
and tourism;

To address the exploitation of children
linked to the tourism industry and its supply
chain
To ensure that tourism business respect and
promote children’s rights

Promote the Children’s Rights and Business Principles
amongst tourism businesses
Develop business Code of Conduct which includes a clause on
prohibition of child labour in accordance with international
standards
Collaborate with local and international organizations
working on the issue of child labour when child labour is
discovered in the tourism supply chain
Raise awareness of tourists about tourism and child
exploitation (e.g. orphanage tourism, voluntourism, child
begging) and provide do’s and don’ts

Set up a tourism industry/CSOs working
group to share responsible practices and
lessons learnt regarding environmental,
social and human rights issues
Enhance regional cooperation on responsible
tourism and share best practices and lessons
learnt

Summary of the meetings on MCRB website (Chatham House rule)
Deadline for written comments (in English or Burmese) to
Thithi.thein@myanmar-responsiblebusiness.
org/info.mcrb@gmail.com with a subject line of
Tourism SWIA Consultation Draft Feedback” by 26 September 2014.
Please inform us that you do not want your comments posted on our
website.
Additional information on linked initiatives and responsible tourism
practices is also welcome by the same timeframe.
Submission of these documents to government for discussion
Publication of full Tourism SWIA report on MCRB website
Multi-stakeholder discussions on areas for action

Tourism swia consultations ppt final (english version) for upload

Tourism swia consultations ppt final (english version) for upload

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Tourism swia consultations ppt final (english version) for upload