"Myanmar's approach to mining needs a rethink," 09 March 2018

The legal framework regulating the mining sector lacks consistency and clarity while the capacity of government and companies to monitor mining activities is limited, representatives from the Myanmar Centre for Responsible Business (MCRB) said, arguing that a fundamental rethink is necessary if Myanmar wants to attract responsible mining investment and address past problems.

...MCRB...held a press conference for the launch of sector-wide impact assessment (SWIA) on the mining sector. The report includes field research focused on tin, gold and limestone mining in eight states and regions in the country, and is the fourth SWIA by the MCRB.

Five main challenges for achieving responsible mining in Myanmar were identified. Firstly, policies, laws and regulations relevant to mining activities lack clarity and inhibit responsible investment. Secondly, the capacity of government and business actors to monitor and address environmental, social and human rights impacts of mining is limited. Thirdly, the environmental, social and human rights costs of mining are externalised on local communities. Fourthly, governance of mining in conflict-affected areas is highly problematic. Fifthly, extensive informality in the mining sector needs to be addressed.

In terms of the laws, inconsistencies were found between the Union-level requirements outlined in the 2012 Environmental Conservation Law and permissions issued at state/region-level regarding permissible distance of mining activities from water sources. There is also lack of consistency between the Mining Rules and the EIA Procedure.