Kyaukphyu		
Special	economic	zone	
KPSEZ	
Pham	Van	Dung	
25	June	2018
Overview	SEZs	
•  Chinese	SEZs	is	viewed	as	
successful	overall		
•  Most	SEZs	in	Africa	are	
unceccessful,	dedicated	to	
mining	
•  SEZs	in	the	‘CLMV’	countries:	
unclear	rationale,	
‘agglomeration	economy’	
approach	based	on	industrial	
clusters		
•  Most	SEZs	in	Cambodia	are	
stand-alone	areas	aimed	at	
manufacturing
Kyauk	Phyu	SEZ	location
Background	
•  KPSEZ	is	in	central	western	coast	of	Myanmar	on	
Ramree	Island,	Rakhine	State		
•  An	oil	and	gas	terminal	
–  Financed	by	the	China	National	Petroleum	
Corporation		
•  A	pipeline	linking	Myanmar	and	China		
•  A	container	port	and	gas-turbine	power	plant	
•  Attractive	to	Chinese	investors		
–  Strategic	location	-	quickest	trade	route	by	sea	
between	India	and	China
Background	
•  Announced	in	September	2013		
•  The	12	competing	companies	were	interviewed,	discussed	
in	February	2015	
•  Local	firms	complained	of	a	lack	of	domestic	competitors,	
with	most	bid	finalists	from	China	or	Singapore		
•  Government	awarded	tenders	to	the	Chinese	conglomerate	
CITIC		
•  SEZ	construction	started	in	2015;	seaport	started	in	2017	
•  For	industrial,	logistics,	and	service	industries,	processing	
local	resources	(agricultural	goods,	minerals)	
•  To	rival	Singapore	as	the	regions	petrochemical	hub
Project	area	occupation
Project	time	frame
Planning	and	challenges	
•  Textile	and	clothing	industries	–	not	near	big	cities	
•  Food	and	processing	industries	–	road	linking	other	
regions	
•  Tourism	vs.	industry,	question	of	local	involvement	
•  Incentives	to	investors	–	local	benefits?	
–  Max	75	years	land	lease	
–  Income	tax	exempt	for	the	first	8	years	of	operations		
–  50%	income	tax	relief	for	the	following	5	years		
–  customs	duty	exemptions	for	importing	construction	
materials,	vehicles,	and	other	items	
–  Government	invests	in	the	surrounding	infrastructure
Consultation?	
•  Rakhine	State	Parliament	had	not	been	
adequately	informed	about	the	SEZ	plans		
•  People	have	received	very	little	information	
about	the	SEZ	and	its	potential	impacts		
•  Affected	people	and	the	public	lack	access	to	
information	of	land	acquisition	
•  Stakeholders	showed	insufficient	
transparency
Consultation?
Impacts	
•  20,000	people	are	facing	involuntary	resettlement	in	
Kyauk	Phyu		
•  Compensation	remains	a	flawed	process,	it	does	not	
reflect	true	value	of	land	
•  Communities	don’t	understand	the	process	of	
compensation	
•  Meeting	with	CITIC	representatives,	locals	were	
informed	that	they	would	not	be	compensated	if	they	
did	not	hold	an	official	“Form	7”	land	title		
•  Many	villagers	tried	to	register	their	farmland,	but	
their	applications	were	not	accepted	by	local	officials
Available	land?	from	whom?
Whom	will	local	ancestral	endowment	
serve?
Impacts	
•  Local	people	faced	severe	difficulties	as	fishing	and	
transportating	boats	are	prohibited		
•  Before:	a	man	could	feed	his	family	and	sell	the	surplus.	
After	confiscation,	he	could	take	sporadic	work	
•  Land	speculation;	rise	prices	for	land	and	basic	
commodities	
•  Discourage	responsible	investors	and	encourage	
unscrupulous	investors		
•  Influx	of	foreign	workers,	locals	get	casual	labour	during	
construction
Impacts	
•  Locals	are	fearful	of	and	hostile	to	foreign	investors	due	
to	the	negative	impacts	of	oil	and	gas	terminal	and	
pipeline		
•  Concern	about	the	cultural	impact	and	safety	of	women	
and	girls		
•  South-East	Asia	oil	and	gas	pipeline	and	terminal	facilities	
caused	land	grabbing	and	displacement		
•  Plus	harmful	social	impacts	and	great	tension	between	local	
communities,	investors	and	workers		
•  Illegal	transfers	of	land	and	access	right		
•  Destruction	of	coral	reef	(due	to	dynamiting)	and	other	
habitat,	and	depleted	fish	stocks
Research	&	Advocacy	
•  Oxfam	
–  Assess	impacts	of	SEZs	
–  Suggest	undertake	mechanisms	to	ensure	benefit	
everyone	in	Kyauk	Phyu	–	and	beyond	
–  To	carrying	out	a	Strategic	Environmental	Assessment	
(SEA)	->	strategic	planning		
–  To	conform	to	the	World	Bank	Policy	on	Involuntary	
Resettlement	and	FPIC	
–  Urge	to	establish	operational	complaints	and	
grievance	mechanisms	to	prevent	disputes	
–  Skills	training	to	enable	people	to	access	jobs	or	other	
benefits
Advocacy	
•  Special	Rapporteur	on	the	Situation	of	Human	
Rights	in	Myanmar	
– All	SEZs	had	affected	communities	negatively		
– Projects	have	not	been	implemented	in	
transparency	and	not	in	accordance	with	the	law	
– Locals	received	few	benefits	from	the	port	and	
pipeline		
– Land	acquisition	activities	took	place	before	
related	proper	assessments
Urges	halt	to	SEZ	expansion		
•  Involvement	of	the	International	Commission	of	Jurists	
(ICJ),	Oxfam	and	other	CSOs	
•  Reasons	to	halt	SEZ:	
–  SEZ	Law	undermines	the	protection	of	human	rights	
–  Critical	legal	procedures	are	poorly	implemented		
–  Thilawa	and	Dawei	SEZs	prioritise	profit	over	the	welfare	
of	the	local	population	and	workforce		
–  Not	yet	job	guarantee	for	resettled	people,	while	
minimum	wage	cannot	protect	livelihood	
–  Defend	human	rights	in	order	to	prevent	from	ethnic	and	
religious	conflicts	(Kaman,	Rohingya	ethnic	groups;	Muslim	
&	Bhudism)
References	
•  Aung,	N.L.	2015.	Winner	postponed	for	Kyaukphyu.	Retrieved:	
https://www.mmtimes.com/business/property-news/12840-winner-postponed-
for-kyaukphyu.html	
•  Baffa,	C.	2013.	Special	Economic	Zones	in	Myanmar.	Retrieved:	
https://www.aseanbriefing.com/news/2013/06/28/special-economic-zones-in-
myanmar.html	
•  Chau,	T.	2017.	SEZ	impact	on	communities	must	be	addressed:	Yanghee	Lee.	
Retrieved:	
https://www.mmtimes.com/news/sez-impact-communities-must-be-addressed-
yanghee-lee.html	
•  ICJ.	2017.	Special	Economic	Zones	in	Myanmar	and	the	State	Duty	to	Protect	
Human	Rights.	Retrieved:	
https://www.icj.org/wp-content/uploads/2017/02/Myanmar-SEZ-assessment-
Publications-Reports-Thematic-reports-2017-ENG.pdf	
•  Mcivor,	N,	&	Scharinger.	2017.	Responsible	investment	in	Kyauk	Phyu	Special	
Economic	Zone.	Retrieved:	
https://www.mmtimes.com/opinion/25067-responsible-investment-in-kyauk-
phyu-special-economic-zone.html
References	
•  Oxfam.	2017.	Responsible	Investment	in	Myanmar:	Lessons	from	experiences	of	
SEZ	developments.	Retrieved:	
https://myanmar.oxfam.org/sites/myanmar.oxfam.org/files/file_attachments/dp-
responsible-investment-myanmar-sez-250117-en.pdf	
•  Phillips,	K.	2017.	Legal	advocacy	group	urges	halt	to	SEZ	expansion.	
Retrieved:
http://www.dvb.no/news/legal-advocacy-group-urges-halt-to-sez-expansion/
74409	
•  Road	Show.	2014.	Effective	and	meaningful	multi-stakeholder	engagement.	
Retrieved:	
http://kpsez.org/wp-content/uploads/2014/07/Multi-stakeholder-Engagement-sg-
roadshow.pdf	
•  Road	Show.	2014.	Kyauk	Phyu	Special	Economic	Zone	development.	
Retrieved:http://kpsez.org/wp-content/uploads/2014/07/KPSEZ-Road-Show1.pdf	
•  So	Phyo	Win.	2017.	MoU	on	Kyaukphyu	SEZ	likely	in	August.	Retrieved:	
https://www.mmtimes.com/business/27137-mou-on-kyauk-phyu-sez-likely-in-
august.html
Thanks	for	your	attention!

Kyaukphyu sez