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Community Engagement in Myanmar's Mining Sector

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Community Engagement in EIA: A Regional Exchange and Learning Forum Rose Garden Hotel, Yangon, Myanmar COMMUNITY ENGAGEMENT IN MYANMARS MINING SECTOR EMERGING FINDINGS FROM MCRB’S SECTOR-WIDE IMPACT ASSESSMENT AUNG KYAW SOE EXTRACTIVES PROGRAMME MANAGER, MYANMAR CENTRE FOR RESPONSIBLE BUSINESS Community Engagement in EIA: A Regional Exchange and Learning Forum Rose Garden Hotel, Yangon, Myanmar September 21-23, 2016
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Page 1: Community Engagement in Myanmar's Mining Sector

Community Engagement in EIA: A Regional Exchange and Learning Forum

Rose Garden Hotel, Yangon, Myanmar

COMMUNITY ENGAGEMENT IN MYANMAR’S

MINING SECTOREMERGING FINDINGS FROM MCRB’S SECTOR-WIDE IMPACT ASSESSMENT

AUNG KYAW SOE

EXTRACTIVES PROGRAMME MANAGER, MYANMAR CENTRE FOR RESPONSIBLE BUSINESS

Community Engagement in EIA: A Regional Exchange and Learning ForumRose Garden Hotel, Yangon, Myanmar

September 21-23, 2016

Page 2: Community Engagement in Myanmar's Mining Sector

Community Engagement in EIA: A Regional Exchange and Learning Forum

Rose Garden Hotel, Yangon, Myanmar

Contents

Introduction to Myanmar Centre for Responsible

Business

Mining Sector-Wide Impact Assessment

Project Phases

Field Research and Scope

Emerging findings related to Community Consultation

Recommendations

2

Page 3: Community Engagement in Myanmar's Mining Sector

Community Engagement in EIA: A Regional Exchange and Learning Forum

Rose Garden Hotel, Yangon, Myanmar

Current core funders:

• UK DFID

• DANIDA

• Norway

• Switzerland

• Netherlands

• Ireland

www.myanmar-responsiblebusiness.org15 Shan Yeiktha Street, Sanchaung, Yangon Tel/Fax: 01 510069

Founders:

MCRB Objective

To provide an effective and legitimate platform for the creation of knowledge, capacity and dialogue concerning responsible business in Myanmar, based on local needs and international standards, that results in more responsible business practices.

www.mcrb.org.mm

myanmar.responsible.business

Page 4: Community Engagement in Myanmar's Mining Sector

Community Engagement in EIA: A Regional Exchange and Learning Forum

Rose Garden Hotel, Yangon, Myanmar

Sector-Wide Impact Assessments (SWIA)

MCRB has published three

assessments focusing on the

Oil &Gas sector (September

2014), Tourism (February2015),

and Information and

Communication Technology (September 2015).

4th SWIA Mining due for

consultation early October

and tentatively final report

will publish in November 2016

I. Pre-Screening

II. ScopingIII. Idenification& Assessment

of Impacts

IV. Mitigation and Impact

Management

V. Consultation & Finalisation

Page 5: Community Engagement in Myanmar's Mining Sector

Community Engagement in EIA: A Regional Exchange and Learning Forum

Rose Garden Hotel, Yangon, Myanmar

Sector Wide Impact Assessment on

Myanmar Mining Sector

Page 6: Community Engagement in Myanmar's Mining Sector

Community Engagement in EIA: A Regional Exchange and Learning Forum

Rose Garden Hotel, Yangon, Myanmar

• Focus on mining of tin, gold, limestone and the production of cement.

• MCRB field visits to eight areas (Karen, Shan, Kachin, Bago, Sagaing,

Mandalay, Kayah and Tanintharyi regions).

• Field visit to 65 villages in16 townships

• Consulted More than 1500 individual stakeholders

• Interviews with company, government and CSO representatives as well as

local communities and mine workers in the informal and formal sector.

• Large, small/artisanal /subsistence-scale mine operations and processing

facilities visited.

Mining SWIA Field Research and Scope

Page 7: Community Engagement in Myanmar's Mining Sector

Community Engagement in EIA: A Regional Exchange and Learning Forum

Rose Garden Hotel, Yangon, Myanmar

SWIA

Research

Trips –

Multiple

sites in

8 state

and

regions

Page 8: Community Engagement in Myanmar's Mining Sector

Community Engagement in EIA: A Regional Exchange and Learning Forum

Rose Garden Hotel, Yangon, Myanmar

SWIA research

team consulting

with local

community

members including women-

only focus groups

Page 9: Community Engagement in Myanmar's Mining Sector

Community Engagement in EIA: A Regional Exchange and Learning Forum

Rose Garden Hotel, Yangon, Myanmar

Findings: Community Consultation (1)

• Most mines visited had not carried out any meaningful

consultations.

• Where consultation had occurred, it was for more recent projects,

often carried out either to;

(a) satisfy the EIA consultation requirement, or

(b) obtain community signatures as part of mine licensing process.

• Some companies organised limited consultations, but only one-offs,

and when they needed signatures to sign off on project

• Consultations were often carried out with male village heads only;

were not undertaken in local languages; planned within short

timeframes and/or far from the affected communities; undertaken

after the project had already been initiated.

• At another site, where there had reportedly been a total of three

community meetings over the last six years (these meetings had involved the village administrator, monks and the factory

communications officer, but no other community members)

Page 10: Community Engagement in Myanmar's Mining Sector

Community Engagement in EIA: A Regional Exchange and Learning Forum

Rose Garden Hotel, Yangon, Myanmar

• At one large-scale mine site, company management said that

there was no need to consult with the community as the

company had taken over the permit/operations from a

previous operator

• Some EIA processes did not involve any community

consultation. According to an operator at one site it was not

necessary to consult with local communities as part of the EIA process as the operations were being conducted on

designated mining land

• At another site, both the company and local communities

reported that the consultant carrying out the EIA had not

visited local communities as part of the process

• Interviews conducted by the consultants for the EIA focused

purely on environmental and not social issues. Consultants

only spoke to the village leaders and heads of households

Findings: Community Consultation (2)

Page 11: Community Engagement in Myanmar's Mining Sector

Community Engagement in EIA: A Regional Exchange and Learning Forum

Rose Garden Hotel, Yangon, Myanmar

• At one site, the EIA process included two public consultations.

While EIA consultants invited all villagers to a consultation, they

only gave one day’s advance notice

• During consultations, EIA consultants used Burmese which is not the

local language; there was an informal translator but not a

professional

• Community members felt that EIA consultants intentionally used

technical terms during the consultations so people could not understand

• Community members interviewed by MCRB recommended that

companies consulting on EIAs should provide a summary of findings

in non-technical language with plenty of time for community to

review document prior to consultation meeting.

• One company only consulted with group of village elders who were supportive of project

• Some consultation included a special representative from an

armed group

Page 12: Community Engagement in Myanmar's Mining Sector

Community Engagement in EIA: A Regional Exchange and Learning Forum

Rose Garden Hotel, Yangon, Myanmar

• There was no or inadequate consultations regarding land seizure,

resettlement and compensation for accidents.

• No mines visited had an operational-level grievance mechanisms

in place.

• Continuous consultation was rare. Cases of ongoing company-

community engagement centred on donations rather than

project-induced issues. Generally donations were the subject or

more consultation than any other issue.

• Any ongoing consultation was most frequently informal. It might

take place through village or religious events rather than as part

of systematic company outreach.

• No evidence of:

• regular information sharing with communities about company activities

• stakeholder engagement plans or formalised procedures or strategies for regular community engagement

• community relations functions or departments

Findings: Community Consultation (4)

Page 13: Community Engagement in Myanmar's Mining Sector

Community Engagement in EIA: A Regional Exchange and Learning Forum

Rose Garden Hotel, Yangon, Myanmar

Government should:

• require meaningful consultation of people affected by projects, including womenand vulnerable members in the community, including through a requirement for

stakeholder engagement plans as part of the EIA and permitting process

• monitor whether companies are doing this

EIA Consultant/Project Proponents should ensure:

• all key stakeholders participate in consultation

• It is undertaken in local languages where needed, with professional translator

• technical terms are clarified

• A written summary of findings in non-technical language is provided

• Communities have enough time to review written material prior to meeting

• Sufficient advance notice of consultations

Civil society organisations should

• Press for early disclosure of information by companies, in languages and formats

that are understandable to consultees

• build community capacity to understand:

• technical information related to project activities

• Communities’ human rights and capacity to claim these rights

Draft Recommendations from MCRB

Page 14: Community Engagement in Myanmar's Mining Sector

Community Engagement in EIA: A Regional Exchange and Learning Forum

Rose Garden Hotel, Yangon, Myanmar

• Multistakeholder consultation on draft Myanmar

Mining SWIA

• Tuesday 11 October (Yangon) – English

• Wednesday 12 October (Yangon) – Burmese

• Written comments invited by 17 October

• Publication November 2016

• Watch this space…..

www.mcrb.org.mmmyanmar.responsible.business

Page 15: Community Engagement in Myanmar's Mining Sector

Community Engagement in EIA: A Regional Exchange and Learning Forum

Rose Garden Hotel, Yangon, Myanmar

MCRB publications

and translations

www.mcrb.org.mmmyanmar.responsible.business

Page 16: Community Engagement in Myanmar's Mining Sector

Community Engagement in EIA: A Regional Exchange and Learning Forum

Rose Garden Hotel, Yangon, Myanmar

Thank you!

Aung Kyaw [email protected]

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