On 24 February 2016, MCRB and PACT MPE (Mekong Partnership for Environment) co-organised a discussion in Yangon of public participation in EIA with the objectives of sharing experience which could be used to guide development of regional guidelines on public participation in EIA for the Mekong region (Cambodia, Laos, Myanmar, Thailand, and Vietnam) as well as planned public participation guidelines for the implementation of Myanmar’s new EIA procedures. U Than Aye, (Yangon office of ECD, MOECAF) gave a presentation on the public participation provisions of the Myanmar government’s EIA Procedures which were adopted on 29 December 2015, highlighting the requirements for consultation and disclosure at different stages of the EIA and Initial Environmental Examination (IEE) processes; and the resource constraints and faced by MOECAF.

1. Ministry of Environmental Conservation and Forestry
Environmental Conservation Department
Developing Guidelines for Public Participation on
Environmental Impact Assessment Procedure
24-2-2016 Yangon
U Than Aye
Director
Yangon Region

2. EIA ?
 Procedure whereby information on likely environmental impacts
becomes a pre-requisite on projects.
 The main purpose of EIA is to facilitate the systematic consideration
of environmental issues as part of development decision-making.
 It does so primarily by assembling and analysing information on the
potential environmental effects of specific development proposals and
how they can be best prevented or mitigated.
EIA serves three main functions:
• Integration of environmental issues into planning and decision
making;
• Anticipation and minimization of environmental damage; and
• Public participation in decision-making and environmental
conservation

3. Rio declaration, 1992
Principle 17 “Environmental impact assessment, as a national instrument,
shall be undertaken for proposed activities that are likely to have a
significant adverse impact on the environment and are subject to a decision
of a competent national authority.”
Key elements in the design of EIA system
• Political support and commitment;
• Legal basic with accompanying regulations and guidelines;
• Provision for public involvement;
• Coverage of proposed actions likely to have significant environmental effects;
• Designated process and procedures, including mechanisms for review of the
quality of EIA reports;
• Measures to ensure compliance and accountability by competent authorities and
decision-making body;
• Appropriate role of environmental agency in EIA process administration and
decision-making;
• Technical and professional capacity to carry out EIA.

4. Seven Key principles of EIA
• Effective EIA is achieved through the adoption of the following
seven key principles
– Proponent bears cost of application and assessment
– Public participation at all stages of the process
– Access to proponent information by civil society and
government
– Transparent process
– Best available scientific information
– Clear decision making
– Effective compliance and enforcement - EMP, Reporting

5. Principles of Public Participation
The process should be:
• inclusive – covers all stakeholders
• open and transparent – steps and activities are
understood
• relevant – focused on the issues that matter
• fair – conducted impartially and without bias toward any
stakeholder
• responsive – to stakeholder requirements and inputs
• credible – builds confidence and trust

6. • To achieve harmony and balance between socio-
economic, natural resources and environment
through the integration of environmental
considerations into the development process
enhancing the quality of the life of all its citizens.
• Environmental protection is should always be the
primary objective in seeking development
National Environmental Policy (1994)

7. State Constitution (2008)
• Article 45: The state shall protect natural
environment of the country
• Article 390: It shall be the duty of every
citizen of Myanmar to protect the natural
environment
Government’s Policy Guidelines

8. Legal Framework for Environmental
and Social Safeguards
• Env. Law, 2012: 7(m)
• FDI Law, 2012: 17(h)
• FDI Rules, 2013: 34
• MIC Notification:1/2013
• Env. Rules, 2014:
• EIA Procedures, 2015
• Existing Social related Laws and Regulation

9. EIA Procedure
7. Projects that involve Involuntary Resettlement or
which may potentially have an Adverse Impact on
Indigenous People shall comply with specific
procedures separately issued by the responsible
ministries. Prior to the issuance of any such
specific procedures, all such Projects shall adhere
to international good practice (as accepted by
international financial institutions including the
World Bank Group and Asian Development Bank)
on Involuntary Resettlement and Indigenous
Peoples.

10. EIA Procedure
13. The Project Proponent shall:
a)arrange for appropriate public consultation
through all phases of the IEE and EIA process as
required by Articles 34, 50, and 61, and
b)disclose to the public in a timely manner all
relevant Project-related information in
accordance with this Procedure except that
which may relate to National Security concerns
as informed by the Ministry.

11. 16. The EIA Report Review Body shall have the following
responsibilities:
c) In each case, prescribe the scope and content of the EIA Review
report. Such scope and content may include, among other things,
assessments of the following questions:
• Does the EIA Report recognize and consider the views of
stakeholders?
• Is the EIA Report complete? Does it contain sufficient, suitable
and reliable information?
• Have all applicable environmental and social requirements been
adequately identified, addressed, referred to and fully complied
with in the preparation and content of the EIA Report?
• Are there any measures or procedures which are non-compliant,
or which risk leading to non-compliance, with environmental and
social requirements?
d) The EIA Review report shall identify any defects in the EIA
investigations or in the EIA Report and shall give recommendations
as to which further studies, investigations, consultations or
assessments the Project Proponent must undertake and report.
f) If requested by the Committee or the Ministry, the EIA Report
Review Body shall present its findings at a meeting.

12. 34. The Project Proponent shall undertake the following public
consultation process in regard to an IEE Type Project:
a) Immediately upon commencement of the IEE, disclose relevant
information about the proposed Project to the public and civil
society through the Project Proponent’s website(s) and local media,
including by means of the prominent posting of legible sign boards
at the Project site which are visible to the public, and comply with
technical guidelines issued by the Ministry; and
b) arrange the required complement of consultation meetings with
local communities, potential PAPs, local authorities, community
based organizations, and civil society, and provide appropriate and
timely explanations in press conferences and media interviews.
36. The IEE Report shall contain the following:
• results of the public consultation and public participation
processes, recommendations received from the public, and the
Project Proponent's written responses to comments received
during that process;

13. Scoping for EIA
50. As part of the Scoping, the Project Proponent shall ensure that the
following public consultation and participation process is carried
out:
• disclose information about the proposed Project to the public and
civil society through posting on the Project Proponent’s website(s)
and local media, including by means of the prominent posting of
legible sign boards and advertising boards at the Project site which
are visible to the public; and
• arrange the required complement of consultation meetings , with
local communities, potential PAPs, local authorities, community
based organizations, and civil society, and provide appropriate and
timely explanations in press conferences and media interviews.
60. The EIA shall consider the views, concerns, and perceptions of
stakeholders, communities and individuals that could be affected by
the Project or who otherwise have an interest in the Project.
The EIA shall include the results of consultations with the public,
affected populations and other stakeholders on the environmental
and social issues. The concerns raised during such consultations
shall be considered in assessing impacts, designing mitigation
measures, and in the development of management and monitoring
plans.

14. 2.1 Select IEE Experts
2.3
Decision
on IEE
Experts
7 Days
2.4 Conduct IEE Investigations
2.2 Check registration
of IEE Experts
submit
IEE Experts not registered
IEE Experts Registered
 Disclose information about the Project
 Undertake environmental and social
assessment studies and investigations
 Conduct consultations with PAPs, LCs,
LAs, CS, CBOs
2.5 Prepare/Revise IEE
Report
2.7 IEE
Report
Approval
60 Days
2.6 Review IEE Report
submit
 Disclose IEE Report on website
 Call for comments from government,
PAPs, CS and other stakeholders
 Arrange Public Consultations at local
level
 Collect and review all comments
IEE Report not
satisfactory
Go to
Chart 2.1
Action 2.7
Continues
2.5.1 Public
disclosure of IEE
Report
Chart
2.0
Project Proponent The Ministry
IEE Preparation and Review

15. 3.1 Select EIA
Experts
3.3
Decision
on EIA
Experts
3.4 Conduct Scoping
7 Days
3.2 Check registration of
EIA Experts
submit
EIA Experts not registered
EIA Experts Registered
 Disclose information about the Project
 Undertake scoping studies
 Conduct consultations with the
Ministry, PAPs, LAs, CBOs, CS
3.5 Prepare/revise Scoping Report and
Terms of References (TOR) for the EIA
investigations
3.7
Approval
15 Days
3.6 Review Scoping Report
and TOR
submit
Scoping Report/TOR
not satisfactory
Continues
Approved
Chart
3.0
Go to
Chart 3.1
Action 3.8
Project Proponent The Ministry
Scoping

16. Scoping Report
• Executive Summary
• Context of the Project
• Overview of the Policy, Legal and Institutional
Framework
• Project Description and Alternatives
• Description of the Environment together with maps
in proper scale
• Key Potential Environmental Impacts and Mitigation
Measures
• Public Consultation and Disclosure

17. 3.8 Conduct EIA Investigations
 Disclose information about the Project
 Undertake environmental and social
assessment studies and investigations
 Conduct consultations at national, state and
local level with PAPs, authorities, CS, CBOs,
the Ministry, sector ministries, regional
government organizations
3.9 Prepare/Revise
EIA Report
3.11 EIA
Report
Approval
90 Days
3.10 Review EIA Report
submit
 Disclose EIA Report on website
 Call for comments from government,
PAPs, CS and other stakeholders
 Arrange Public Consultations at local
level
 Collect and review all comments
EIA Report not
satisfactory
Continues
3.10.1 Submit EIA Report to EIA
Report Review Body
3.10.2 EIA Report Review Body
prepares comments
3.9.1 Public
disclosure of
EIA Report
Approved
Rejected
Go to
Chart 3.2
Action
3.11
Project Proponent The Ministry
EIA Preparation and Review Chart
3.1

18. EIA Report
• Executive Summary
• Introduction
• Policy, Legal and Institutional Framework
• Project Description and Alternative Selection
• Description of the Surrounding Environment
• Impact and Risk Assessment and Mitigation Measures
• Cumulative Impact Assessment
• Environmental Management Plan
• Public Consultation and Disclosure

19. 102. The Project Proponent shall bear full legal and
financial responsibility for:
• PAPs until they have achieved socio-economic
stability at a level not lower than that in effect
prior to the commencement of the Project, and
shall support programs for livelihood restoration
and resettlement in consultation with the PAPs,
related government agencies, and organizations
and other concerned persons for all Adverse
Impacts.

20. Gaps
Environmental and Social
Safeguards Regulatory
Frameworks, Guidelines in
National and Sector Planning
Capacity building and
Institutional strengthening
Implementation &
Monitoring

21. The Way Forward:
Collaborative effort
Country
Environment and
Social Safeguard
System
NGOs,
CBOs,
People
Academies,
Researchers
MOECAF
& Cross
Ministries
Parliaments
UN
Agencies,
Int. Orgs Sustainable
Development

22. Thank you