On 19/20 March, two biodiversity, business and human rights events were organised by MCRB in Yangon: a multistakeholder consultation on the draft Briefing Paper, and a training session conducted by a number of international experts on biodiversity and environmental impact assessment (EIA) for around 70 representatives from companies, particularly EIA consultancies. Read more: http://www.myanmar-responsiblebusiness.org/news/reinforcing-connections.html

1. Training session on
Biodiversity and Environmental Impact
Assessment (EIA)
Vicky Bowman
Director, Myanmar Centre for Responsible Business (MCRB)
Pan Pacific Hotel, Yangon
19 March 2018

2. Biodiversity, Human Rights and Business Briefing Paper
Additional Background Material and Guidance
▪ The Nexus between Biodiversity, Ecosystem Services and Human
Rights: Further Reading
▪ Biodiversity in Myanmar: Further Reading and Maps
▪ Useful Contacts
▪ Sectoral Briefing Notes on Biodiversity, Human Rights and Business in
Myanmar: Oil and Gas, Mining, Tourism, Agribusiness
Section 1: The ‘nexus’ between business, biodiversity and human rights, and the business case for addressing
biodiversity and ecosystem services.
Section 2: Overview of Biodiversity
Section 3: Policy and legal framework and institutional arrangements
Section 4: EIA process can be used by companies to improve outcomes for biodiversity and related human rights
Section 5: International standards, practice and tools and application of international good practice on biodiversity
by business

3. ▪ Date: 20 March 2018
▪ Time: 8:30am – 1:00pm
▪ Venue: Pan Pacific Yangon, Corner of Bogyoke
Aung San Road and Shwedagon Pagoda Road, Pabedan
Township, Yangon
▪ RSVP: Hlaing Min Oo hlaingmin.oo@myanmar-
responsiblebusiness.org, no later than 16 March 2018
Join us at the Consultation on Draft briefing paper on
“Biodiversity, Human Rights and Business in Myanmar”

4. Why should companies care about biodiversity?
▪ Access to finance
▪ Reduced conflict with stakeholders
▪ Respecting human rights
▪ Enhanced reputation
▪ Reduced operational risks and liabilities
▪ Shorter and less conflictual permitting cycles
▪ Increased investor confidence
▪ Improved potential to leverage synergies with complimentary
environmental or social initiatives

5. Business and Human Rights
▪ In 2017 the UN Special Rapporteur on Human Rights and the Environment, John Knox, described the
importance of biodiversity and related ecosystem services for human rights… “ the full enjoyment of
human rights depends on ecosystem services” (i.e. those benefits contribute to making human life
both possible and worth living).
▪ Knox states that “businesses have a responsibility to respect the rights relating to biodiversity”
▪ Although everyone depends on ecosystem services, some people depend on them more closely than
others. Indigenous peoples can be particularly vulnerable to impacts on their biodiversity related rights.

6. Ecosystem services
Ecosystem Service are the benefits provided by ecosystems to humans. These include:
Provisioning
services such as
food, water,
timber, fibre, and
generic resources
Regulating
services such as
regulation of
climate, floods,
and water quality
Cultural services
such as recreation,
aesthetic
enjoyment,
spiritual fulfilment
Supporting
services such as
soil formation and
nutrient cycling

7. Myanmar Legal Regulations relevant to Biodiversity
▪ Draft National Environmental Policy (NEP) will replace The National Environmental Policy (1994) and
will be supported by a strategic framework and relevant master plans and action plans:
• Principle 2 and 12: Recognises intangible values of the environment
• Principles 3, 4 and 5: Calls for sustainable management of natural resources
• Principles 1 and 6: Declares the rights of individuals and groups to natural resources
▪ 2008 Constitution: Art. 45: ‘The Union shall protect and conserve the natural environment’’
▪ 2012 Environmental Conservation Law Section 7(m): provides for MONREC (MOECAF) to lay down
an EIA system
▪ 2014 Environmental Conservation Rules Chapter XII: set our requirements for all projects
▪ 2015 EIA Procedure – provides key definitions, outlines requirements for projects that may cause
environmental and social impacts, offers provisions for ECC, EMP, SEA:
• Article 91e: Prescribes conditions for nature conservation and management
• Chapter X: Provides for Strategic Environmental Impact Assessment (SEA)

8. Continued
▪ 2015 Environmental Quality (Emission) Guidelines:
• Section 4: Identifies gaps in the EIA Procedure concerning biodiversity
• Section 4.2: Covers how to conduct and EIA that addresses biodiversity impacts effectively
▪ 1992 Forest Law: Embraces principles and outlines practices to support the protection of forests, related
biodiversity and ecosystem services
▪ 1995 Forest Rules: Recognise the value of the ecosystem services forests provide; recognise the importance of
forests for watershed protection and environmental and biodiversity conservation
▪ 1995 Community Forest Instructions: Promote community participation in forestry
▪ Forest Department Notification No. 583/94: Offers a list of protected species
Also
▪ 2016 Conservation of Water Resources and Rivers Law (2006), Freshwater Fisheries Law (1991), Myanmar
Marine Fisheries Law (1990, amended 1993)
▪ Law on Protection of Wildlife and Conservation of Natural Areas (1994), Protection of Wildlife and Protected Areas
Rules (2002)

9. Gaps
▪ Neither the Forest Law nor the Protection of Wildlife and Protected Areas Law allow for community
participation in the co-management of forests, nor provide for revenues obtained from protected areas
to be directed to managing the protected areas network.
EIA Procedure
▪ Some activities with potentially significant adverse impacts on biodiversity may not be subject to a full
EIA
▪ There is no reference to assessing ecosystem services in EIA procedure
▪ It is not clear why “fragile ecosystems” have been singled out as opposed to “highly threatened
ecosystems supporting those threatened or restricted range species,”
▪ No mention of the mitigation hierarchy and it is not clear from the procedure whether offsets are
required for residual adverse impacts on biodiversity in line with internationally recognised best
practice

10. Thank you!