This document provides a draft guideline on public participation in Myanmar's environmental impact assessment (EIA) processes. It outlines the purpose of establishing guidelines to support meaningful public participation. The key sections summarize the legal requirements for EIA in Myanmar, principles of public participation in EIAs, and how the guideline can provide practical guidance for those conducting public participation in EIA processes.

1. Dra$
Guideline
on
Public
Par1cipa1on
in
Myanmar’s
EIA
Processes
17
November
2017
Yangon
MYANMAR
ENVIRONMENTAL
GOVERNANCE
PROGRAM

2. Agenda
• Overview
of
project
and
purpose
of
Guideline
• Summary
of
the
principles
underpinning
the
Guideline
• Summary
of
applicaBon
to
IEEs
&
EIAs
• Summary
of
monitoring
project
implementaBon

3. Project
Context
EIA
is
the
main
safeguard
Consultant
training
&
reviewing
EIAs
New
EIA
system
Regional
Guidelines
Civil
Society
Role

4. DraKing
process
• MulB-­‐stakeholder
Working
Group
• DraK
Guideline
for
ConsultaBon
– Online
comments
– ConsultaBon
workshops
• Final
draK
submiQed
for
ECD
consideraBon

5. Key
goal
&
purpose
of
EIA
processes
• Key
goal:
to
support
sustainable
development
and
create
sustainable
socie2es
• Purpose:
to
ensure
the
poten2al
impacts
are
assessed,
with
appropriate
mi2ga2on
developed,
before
project
proposals
are
approved
and
implemented

6. ECC
is
before
any
other
permit
76:
For
Projects
that
require
an
IEE
or
EIA,
before
any
permit
is
granted
or
issued
by
any
ministry,
or
any
other
competent
authority
in
respect
of
any
applicaBon
to
proceed
with
implementaBon
of
such
Projects,
an
ECC
shall
first
have
been
duly
issued
by
the
Ministry
in
accordance
with
this
Procedure

7. Key
benefits
of
public
parBcipaBon
• capture
local
and
tradiBonal
knowledge
that
may
be
useful
for
decision-­‐
making
• ensure
that
important
impacts
are
not
missed
• ensure
benefits
are
maximised
• improve
consideraBon
of
alternaBves,
miBgaBon
measures
and
trade-­‐
offs
• reduce
potenBal
conflict
through
the
early
idenBficaBon
of
contenBous
issues
• create
a
sense
of
ownership
in
the
proposal
• increase
public
confidence
in
the
EIA
process

8. EIA
Legal
Framework
Environmental
Conserva2on
Law
2012
Empowers
the
Ministry
to
establish
and
implement
EIA
system
Environmental
Conserva2on
Rules
2014
• Broad
framework:
IEE
and
EIA
• Delegates
responsibility
to
ECD
• EIA
Report
Review
Body
Environmental
Impact
Assessment
Procedure
2015
• Provides
detailed
process
• Public
parBcipaBon
requirements
• Screening
Schedule

9. Myanmar’s
EIA
process
SCREENING
INITIAL
ENVIRONMENTAL
EXAMINATION
ENVIRONMENTAL
IMPACT
ASSESSMENT
STAND-­‐ALONE
EMP
InvesBgaBons
&
ReporBng
Review
&
Approval
Process
InvesBgaBons
&
ReporBng
Review
&
Approval
Process
Scoping
Environmental
Compliance
CerBficate
(ECC)
ECC
Reject
OTHER
PERMITTING
PROCESSES
ECC
Reject

10. Legal
requirements:
EIA
ProcedureSTAKEHOLDER ROLES IN MYANMAR’S EIA SYSTEM
IEE EIA
Not required
(Recommended during feasibility)
Not required
(Recommended during feasibility)
Disclose information
Local consultation
Timely information disclosure
- Project website
- Local media
Local consultation meetings
Timely information disclosure
- Local and national media
Consultation meetings:
- national, state, local communities
- Government agencies
Field visits for ECD and concerned
government organizations
Publish submitted IEE report
Local consultation meetings
Publish final IEE report if approved
Publish submitted EIA report
- Proponent within 15 days of submission
- ECD upon receipt
National, state/regional, local consultation
meeetings
Publish final EIA report if approved
Screening
Investigations
& Reporting
Review &
Decision
Scoping

11. Policy
context:
Regional
Guidelines

12. Policy
context:
Regional
Guidelines
• Same
structure
• Same
principles
for
EIA
• Similar
principles
of
public
parBcipaBon
• Focus
on
EIA,
Myanmar
examined
EIA/IEE/EMP
• Women,
children,
vulnerable
groups,
indigenous
people
• Regional
Guidelines
used
a
spectrum
for
public
parBcipaBon
• Myanmar
focuses
on
pracBcal
applicaBon
under
the
EIA
Procedure
using
the
Public
ParBcipaBon
Plan

13. The
Guideline
as
a
PracBcal
Tool
• Primarily
for
those
responsible
for
undertaking
public
parBcipaBon
– Proponents
&
Consultants
– Government
organisaBons
• Useful
for
CSOs
and
general
public
– What
to
expect
– What
to
request
from
Proponents
&
Consultants
• Providing
direcBon,
not
theory

14. Purpose
&
applicaBon
• Minimum
requirements
&
recommended
good
pracBce
• Public
parBcipaBon
includes:
– InformaBon
disclosure
– ConsultaBon
– IncorporaBon
of
results
• Chapters
follow
the
EIA
Procedure
structure
• Can
be
used
as
guidance
for
other
processes

15. Purpose
&
applicaBon
• Environmental
impacts
include
social
&
economic
impacts
(g)
Adverse
Impact
means
any
adverse
environmental,
social,
socio-­‐economic,
health,
cultural,
occupaBonal
safety
or
health,
and
community
health
and
safety
effect...
(h)
Environmental
Impact
…
include(s)
occupaBonal,
social,
cultural,
socio-­‐economical,
public
and
community
health,
and
safety
issues.
Moreover,
social
impacts
include
Involuntary
ReseQlement
and
relaBng
to
Indigenous
People.

16. Meaningful
Public
ParBcipaBon
Public
par2cipa2on
means
the
process
of
involving
those
who
are
directly
and
indirectly
affected
by
a
decision
in
the
decision-­‐making
process,
promoBng
sustainable
decisions
by
providing
parBcipants
with
the
informaBon
they
need
to
be
involved
in
a
meaningful
way,
and
communicaBng
to
parBcipants
about
how
their
input
affects
the
decision
–
in
this
way,
it
encompasses
both
informaBon
disclosure
and
consultaBon
processes

17. Principles
of
Meaningful
Public
Par1cipa1on
Chapter
1
• 1.4.2
The
key
principles
for
meaningful
public
parBcipaBon
– Integrity:
– Inclusiveness:
– Informed:
– Responsive
and
reciprocal:
– Respect:

18. Elements
of
Meaningful
Public
Par1cipa1on
Chapter
1
• 1.4.3
Proper
Planning
• 1.4.4
IdenBfying
PAP
and
other
stakeholders
• 1.4.5
InformaBon
requirements
– Table
1:
Minimum
informaBon
generally
expected
for
disclosure
at
each
stage
of
the
EIA
process
• 1.4.6
Language
• 1.5
Budget

19. Public
Par1cipa1on
Plan
Chapter
2
• The
Public
ParBcipaBon
Plan
is
the
document
that
outlines
the
steps
to
be
taken
and
the
meeBngs
to
be
held
during
the
EIA/IEE
Process.
• It
is
a
public
document
that
PAP
and
other
Stakeholders
can
use
to
ensure
that
the
public
parBcipaBon
is
meaningful.
• There
should
be
a
person
in
charge
of
the
Plan
• Special
Procedures
for
women,
vulnerable
groups
and
indigenous
people.

20. Public
Par1cipa1on
Plan
Chapter
2
• A
Public
ParBcipaBon
Plan
is
a
necessary
element
of
an
EIA
Terms
of
Reference
– Therefore
it
is
obligatory
• There
is
no
discrete
IEE
scoping
step,
so
the
Public
ParBcipaBon
Plan
will
not
be
formally
reviewed
by
ECD
– But
the
Public
ParBcipaBon
Plan
is
strongly
encouraged

21. Public
Par1cipa1on
Plan
Chapter
2
• This
is
a
key
element
to
ensure
meaningful
public
parBcipaBon
throughout
the
whole
of
the
EIA
Process
• Elements:
– IdenBficaBon
of
Project
Affected
People
and
other
Stakeholders
– IdenBficaBon
of
issues
– Contents
of
the
PPP
– Resourcing
the
PPP
– ImplemenBng
the
PPP
– Special
procedures

22. Informa1on
Requirements
Chapter
2
• The
informaBon
is
to
be
publically
available
• The
EIA
Procedure
lists
some
types
of
informaBon
that
must
be
provided
• InformaBon
is
disclosed
during
the
preparaBon
of
the
EMP,
IEE
and
EIA.
• When
the
final
report
is
ready,
it
should
be
presented
to
the
PAP
and
Stakeholders
and
then
submiQed.

23. Informa1on
Requirements
Chapter
2
• Throughout
the
Guideline
there
are
references
to
specific
informaBon
to
be
disclosed
at
each
step
of
the
process.
• This
includes
all
informaBon
that
the
PAP
and
Stakeholders
need
to
understand
the
potenBal
impacts
and
the
proposed
miBgaBon
measures.
• Including
the
Environmental
Management
Plan
and
all
relevant
maps,
diagrams
and
other
data.

24. IEE
Report
Prepara1on
Stage
Chapter
3
• Scoping:
No
scoping
step
required;
public
parBcipaBon
begins
at
IEE
Report
preparaBon
stage
• Public
Par0cipa0on
Plan:
Although
not
required,
this
is
strongly
encouraged
• Most
effecBve
if
developed
in
consultaBon
with
PAP
and
other
local
stakeholders
• Plan
should
be
released
at
commencement
of
IEE
process
to
inform
PAP
and
manage
expectaBons

25. IEE
Report
Prepara1on
Stage
Chapter
3
• No0ce
of
Commencement
of
IEE
(Art.
3.2)
must
include
informaBon
about
PP
process
–
informaBon
disclosure,
number
and
locaBon
of
meeBngs,
etc.
• Number
of
Mee0ngs
during
IEE
Report
(Art.
3.4.1)
• At
least
2
+
Final
IEE
Report
PresentaBon
(3.4.4)
• Fewer
meeBngs
may
be
approved
by
ECD
on
case
by
case
basis
• Proponent
will
be
required
to
provide
jusBficaBon
for
fewer
PP
meeBngs

26. Figure
1:
Applica1on
of
Guideline
to
IEE
inves1ga1on

27. IEE
Report
Review
Stage
Chapter
3
• Results
of
Public
Par0cipa0on
Process
(Art.
3.5)
• Number
of
Mee0ngs
during
IEE
Report
Review
(Art.
3.6)
• at
least
1
meeBng
in
close
proximity
to
Project
Site;
ECD
may
require
more
if
necessary
• WriJen
Comments
on
IEE
Report
(Art.
3.6.4)
• Response
to
Comments
(Art.
3.6.6):
ECD
to
consider
comments
received
during
Report
Review
and
explain
ECD’s
Report
recommendaBon

28. Figure
2:
Applica1on
of
Guideline
to
IEE
Report
review

29. EIA
Scoping
Stage
Chapter
4
• No0ce
of
Scoping
Stage
(Art.
4.2.2):
must
include
informaBon
disclosure,
number
and
locaBon
of
meeBngs,
etc.
• Mee0ngs
(Art.
4.2.4):
at
least
2
PP
meeBngs
• Public
Par0cipa0on
Plan
(4.2.1(c)):
Proponent
must
develop
Plan
during
the
Scoping
Stage
• Results
of
Scoping
Public
Par0cipa0on
(Art.
4.2.6
(c)
and
(d))

30. Figure
3:
Applica1on
of
Guideline
to
EIA
scoping

31. EIA
Report
Stage
Chapter
4
• Significant
2me
and
effort
required
–
poten2ally
6
months
to
two
years
• No0ce
of
Commencement
(Art.
4.3.2)
must
include
informaBon
about
PP
process
–
informaBon
disclosure,
number
and
locaBon
of
meeBngs,
etc.
• Number
of
Mee0ngs
during
EIA
Report
(Art.
4.3.4.1)
• Determined
by
Public
Par2cipa2on
Plan
in
consultaBon
with
PAP
and
ECD
• At
least
2
+
EIA
Report
Final
PresentaBon,
but
may
require
more
depending
on
project
• InformaBon
about
meeBngs
to
be
included
in
Public
Par2cipa2on
Plan

32. Figure
4:
Applica1on
of
Guideline
to
EIA
prepara1on

33. EIA
Report
Review
Stage
Chapter
4
• Results
of
Public
Par0cipa0on
Process
(Art.
4.3.5)
• Number
of
Mee0ngs
during
EIA
Report
Review
(Art.
4.4.5)
to
be
determined
by
ECD
depending
on
the
nature
of
the
project
• Should
be
organized
at
different
levels
-­‐
naBonal,
regional,
state,
Nay
Pyi
Daw
• WriJen
Comments
on
EIA
Report
(Art.
4.4.4)
• Response
to
Comments
(Art.
4.4.6):
ECD
to
consider
comments
received
during
Report
Review
and
explain
ECD’s
Report
recommendaBon

34. Figure
5:
Applica1on
of
Guideline
to
EIA
Report
review

35. Common
to
IEE
and
EIA
Processes
• Site
Visits
• Encouraged
for
IEE
(Art.
3.4.3)
• Required
for
EIA
(Art.
4.3.4.3)
• Emphasis
on
earlier
the
beJer
• Emphasis
on
equitable
gender
representa0on
• Special
Procedures
for
women,
vulnerable
groups
and
indigenous
people.
• Minimum
0meframes
for
stages
in
the
process
• For
example,
noBces
of
commencement
issued
at
least
14
days
before
PP
meeBngs

36. Public
Par1cipa1on
for
Stand-­‐Alone
EMPs
Chapter
5
• Generally
for
projects
with
less
environmental
impacts
• DraK
EMP
should
be
presented
to
PAP
and
other
stakeholders
for
review
• Final
EMP
should
take
into
account
public
comments
• Final
EMP
presented
to
PAP
prior
to
submission
to
ECD
• Final
EMP
report
should
describe
ongoing
public
parBcipaBon
processes

37. Public
Par1cipa1on
for
Project
Implementa1on,
Monitoring,
and
Compliance
Chapter
6
• The
EMP
must
include
public
parBcipaBon
processes
for
monitoring,
including
mechanisms
to
address
non-­‐compliance
with
EMP
• Ongoing
InformaBon
Disclosure
Requirements
• For
large
projects,
dedicated
informaBon
center
should
be
established
• Project
Monitoring
Reports
–
must
be
made
available
to
the
public
no
later
than
10
days
aKer
submission
to
ECD
• Both
electronic
and
hard
copy

38. Public
Par1cipa1on
for
Project
Implementa1on,
Monitoring,
and
Compliance
Chapter
6
Throughout
project
implementaBon,
PAP
and
other
stakeholders
should
have
access
to
wide-­‐ranging
informaBon
including:
• regular
monitoring
and
acBvity
reports:
• project
expenditures
on
miBgaBon
and
management
measures,
monitoring
systems
and
project
commitments;
• compliance
with
project
condiBons
and
commitments;
• informaBon
about
any
breaches
of
compliance
and
remedial
measures;
• updated
EMPs
and
project
approval
condiBons;
• actual
emissions
compared
to
standards;
• levels
of
any
toxic
waste,
pollutant
releases
or
transportaBon
of
hazardous
waste;
• acBon
steps
and
responses
to
any
community
concerns.

39. Public
Par1cipa1on
for
Project
Implementa1on,
Monitoring,
and
Compliance
Chapter
7
• Community
ConsultaBon
CommiQee
• Establishment
of
a
commiQee
is
encouraged
to
maintain
open
communicaBon
with
community
• May
include
a
dispute
resoluBon
mechanism
• Complaints
and
Grievances
Mechanism
• Encouraged
to
provide
formal,
known
avenue
• Managed
by
Project
Proponent
with
involvement
of
local
authoriBes