MCRB Submits Proposals to the HLUTTAW on the Draft Myanmar Investment Law

MCRB has sent proposed amendments to relevant Parliamentary Committees on the draft Myanmar Investment Law (MIL).

These are intended to clarify the relationship between the MIL and the 2012 Environmental Conservation Law and 2015 Environmental Impact Assessment (EIA) Procedure, and strengthen references to responsible business conduct, and human rights. 

They reflect the requirement in Section 5 of the 2015 Protection of the Rights of National Races Law that “indigenous peoples’ (in Burmese– ta-ni tain-yin-tha) should receive complete and precise information about extractive industry projects and other business activities in their areas before project implementation so that negotiations between the groups and the Government/companies can take place”.

MCRB has also previously suggested that once the MIL is adopted, to strengthen transparency and community engagement,  the Myanmar Investment Commission (MIC) could issue a Notification that projects in receipt of a Permit from the MIC should be required to:

1. establish an effective operational grievance mechanism (reflecting the UN Guiding Principles on Business and Human Rights); and
2. publish an annual sustainability report on their responsible business conduct.

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