Overview on Myanmar’s Environmental Governance with

focusing on legislation and policy

Hla Maung TheinDirector General

Environmental Conservation Department MONREC

Novotal Hotel, Yangon, 12-3-2018

Developing Environment Law Champions Training-The-Trainers (TTT ) Program

2

Outlines

Ø Environmental issues

Ø Policy guidance

Ø Environmental Governance

Ø Institution

Ø Legislation

Ø Policy framework

Ø International Environmental Agreements

Ø Challenges and needs

Ø Future plan and step forwards

Development & Environmental ChallengesSustainable econom

ic developm

ent ?

Climate Change

Highly rely on Natural resources

Infrastructure Development

Increasing Investment in industry based economy

Heavy Industrial, SEZ

Environmental C

hallenges ?

• Ecosystem• Agriculture,• Fishery,• Water, • Forest,• Extractive• Heritages • Renewable En • Industries• Manufacture,• Transport,• Waste,• Infrastructur

e & Humansettlement

Investments &

Developm

ent

Economic reform:

Environmental governance: Key steps• Scope political, economic and governance structures affecting

environment and development• Identify current links between development and environment

both positive and negative• Propose desirable environment-development outcomes• Identify relevant and effective entry points• Promote key investments• Develop legislation, policy guidance as key mainstream

documents • Develop integrated institutional systems and associated capacity• Ensure responsible organizations• Map institutional roles and responsibility• Convene multi-stakeholder partnership• Response international mandates

Environmental Policy 1994§ To harmony and balance between these through theintegration of environmental considerations into thedevelopment process to enhance the quality of the life ofall its citizens.

§ It is the responsibility of the State and every citizen topreserve its natural resources in the interest of presentand future generation.

§ Environmental protection should always be theprimary objective in seeking development."

Lack of political guidance: No Environmental legal and Policy Framework over the decades till early 2011.

Political Guidance � Government is actively engaged and committed in designing andimplementing the required policies, laws and regulations, governancemechanisms, financial, and programming instruments to address itsenvironmental challenges.

� By Former President U Thein Sein’s inaugural address to Pyidaungsu Hluttaw(Union Parliament, 30 March 2012), stating “…we will lay down a new policy inwhich we will work for economic development in parallel with environmentalconservation” “To review and amend laws and enact new laws onenvironmental conservation”.

� By NLD’s Chairperson Daw Aung San Suu Kyi 2015 Election Manifesto, stating“…Where there is natural resource extraction and usage, we will lay downappropriate methods so as to avoid environmental and ecological damage” and“…We will enact legislation to assess and evaluate the risks ofenvironmental harm resulting from domestic and international investment.”

These remarks lay out a vision in which economic development, social inclusion andenvironmental conservation come together in a new paradigm for sustainabledevelopment: achieving socio-economic progress for all and protecting andrestoring the quality of the natural environment.

Political guidance: Environmental sustainability as a keyprerequisite for sustainable economic development.

National Constitution (2008): “The Union shall protectand conserve natural environment” “Every citizen hasthe duty to assist the Union in carrying out theenvironment conservation”

State Constitutional policy guidance

Environment & SD

2030 SDGs

Good health

Clean water and sanitation

Sustainable cities and

communities

Responsible

consumption

Protect the planet

Life below water

Life on land

Climate Change

No poverty

No hunger

Renewable energy

Economic

EnvironmentSocial

Environmental sustainability is the foundation for achieving SDGs.

National Framework Guidance (NCDP-2015)

10

Myanmar Sustainable Development Plan 2018

Pillar 1

Peace and Stability

Pillar 2

Prosperityand

Partnership

Pillar 3

People and Planet

Goal 1 Goal 2 Goal 3 Goal 4 Goal 5

Peace, National Reconciliation,

Security and Good

Governance

Economic Stability, and Strengthen

Macroeconomic Management

Job Creation and Private-Sector-led

Growth

Human Resources &

Social Development

Natural Resources and

the Environment

for the National

Prosperity

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Strategy 5.1: Managing biodiversity and the environment in a sustainable manner for sound and resilient ecosystems (15 + 1 actions)

Strategy 5.2: Increasing climate-resilience and shifting to a low-carbon growth pathway (9 +1 actions)

Strategy 5.3: Providing safe and equitable water and sanitation in ways that ensure environmental sustainability (7 +1 actions)

Strategy 5.4: Providing affordable and reliable energy supply to population and industries (8 actions)

Strategy 5.5: Improving land governance and sustainably managing resource-based industries (6 +1 actions)

Strategy 5.6: Managing cities and towns efficiently and sustainably (9 actions)

Goal 5: Natural Resources and the Environment for National ProsperityStrategies and Actions

Guiding Principles of Environmental Governance• to implement the Myanmar National Environmental Policy;• to lay down the basic principles and give guidance for systematic

integration of the matters of environmental conservation in thesustainable development process;

• to emerge a healthy and clean environment and to conservenatural and cultural heritage for the benefit of present and futuregenerations;

• to reclaim ecosystems which are starting to degenerate anddisappear;

• to manage and implement for decrease and loss of naturalresources and for enabling the sustainable use beneficially;

• to implement for promoting public awareness and cooperationin educational programmes;

• to promote international, regional and bilateral cooperation;• to cooperate with Government departments, organizations,INGO,

NGO and individuals.

Integrated Approaches: Partnership

Environment Policy &

Strategy Framework

NGOs, CBOs,People

Academies,

Researchers

MOECAF & Cross

Ministries

Parliaments

UN Agencie

s, Int. Orgs

Environment in National/

Sub National/Sectors

Development Policy and Planning

Environmental SustainabilitySDGs (2030)

Intuitional Strengthening for Environmental Mainstreaming

• Policy, and Regulation andGuidelines

• Urban and Industry• NR, biodiversity and

cultural heritage• Climate change adaptation

and mitigation• HR, education and

extension• Green economy and green

growth development

Working Committee State/Region SC

NECCCCC

District and

Township

levels

Working

Committee

Other

Relevant

Central

Committees

(central/State/

Region

INGO၊ NGO၊ CSO၊ CBO, UN and DPs

MONRECECD as

Focal and Secretariat

Relevant Ministries

Policy, Strategy

Legislation, Planning

Institution & Human Resources

Partnership

Finance

Implementation

Monitoring &

Compliance

Environmental governanceVISION: A clean environment with healthy and

functioning ecosystem, ensuring inclusive development and well-being all people in Myanmar

Mainstreaming

Environm

ental Sustainability

Sustainable D

evelopment

Goals

Environmental Conservation Law/Rules 2012/14: Thematic areas

ECL/ECR

EIA and SIA Licensing

System Education & research

Natural Resources and

Cultural Heritages

Environmental Quality

Standards

Monitoring System

Urban Environment

Pollution control

Environmental emergency

Chemical & HW

International environmental agreements –

MEA

EMF & Economic

mechanism

National Environmental Policy

National Environmental Policy Principles

Clean environment and healthy, functioning

ecosystems

Sustainable economic and social

development

Mainstreaming environmental protection

and management

Sustainable Development Goals

Strategic Framework for the National Environmental Policy

National Environmental Master Plan/s

Sub-national Environmental Master Plans

Thematic Area Master Plan/s

Sector-based Environmental Master Plan/s

Vision A clean environment, with healthy and functioning ecosystems, ensuring

inclusive development and wellbeing for all people in Myanmar

Purpose To establish national environmental policy principles for guiding

environmental protection and sustainable development and for mainstreaming environmental considerations into all policies laws, regulations, plans,

strategies, programmes and projects in Myanmar

National Environment Policy, Strategic Framework and Master Plan (2018)

Goal: By 2030, Myanmar is achieving climate resilience and is engaged in low-carbon, resource efficient & inclusive development as a contribution to sustainable development

STRATEGIC OBJECTIVES

Increase adaptive capacity and resilience of communities and sectors

Maximise opportunities for low carbon development in potential sectors

FOCUS AREAS (KEY ENTRY POINTS)

Agriculture and Food Security

Urban, Building

and Human Settlements

Energy, Transport,

and Industry

DRR, Healthand Early Warning Systems

Education, Awareness, Science and Technology

Environment, and NaturalResources

Integrating Climate Change

Policy, Legislation, Planning, Budgeting

Institutional Arrangements

Coordination Mechanisms,Human Skills,

Implementation,Monitoring and

evaluation

Financial Mechanisms

Fund management,

Financial instruments

Access to technology Access to

environmentally sound

technology for adaptation and

mitigation

Muliti-stakeholder Partnerships

Public, (including CSOs) private

partnership; Joint implementation;

International cooperation

Awareness, and Capacity

Capacity, Education and

awareness, Research data & innovation

National Climate Change Policy, Strategy and Action Plan-(2018)-2030 Vision:Myanmar’s vision is to be a climate-resilient, low-carbon society that is sustainable,

prosperous and inclusive, for the wellbeing of present and future generations.

STRATEGIC PRIORITIES (FOR EACH FOCUS AREAS)

Vision : “Sustainable, Green, Clean and Healthy Environment towards a Brighter Future for Myanmar” Mission: To develop and implement the holistic/ integrated waste management strategy based on principles of inclusiveness, zero waste and circular economy to achieve a greener, cleaner and healthier environment.

Objectives of the NWMSAP:

National& City Waste Management Strategy and Action Plan-NWMSAP(2017-2030)

Goal A: Promote waste

minimization, reuse, recycling and recovery to establish a resource circular

society

Goal B: Ensure the effective and efficient delivery of

waste services

Goal C: Ensure sustainable

budgeting and sound

financial management of the waste

sector

Goal D: Compliance, monitoring, enforcement

and recognition

Goal E: Capacity

development, awareness raising and advocacy

• Guiding principles: sustainable, inclusive and efficient• Objectives :

Overview: Green Economy Policy Framework- GEPF (2018)

Stimulate green

investments from the

private sector

Manage impacts from

brown investments

Ensuring sustainable

financing for the public

sector

Fostering human capital –within

government and creating

jobs

Natural resource-based sectors•Agriculture and livestock•Fisheries•Water•Forests•Extractive industry•Renewable energy

Efficiency-based sectors•Non-renewable energy•Manufacturing•Buildings•Transport•Waste•Urban and human settlements

National Environment Policy Framework & Relevant Policy and Strategy

National Climate Change Policy &

Strategy

National Environmental Policy & Strategic framework

& Master Plan

National Waste Management

Strategy & Action Plan

National GE Policy

Strategic Framework

Sustainable Development Goals

Myanmar Sustainable Development Plan-MSDPNational Comprehensive Development Plan-NCDP

Sectoral Policy, strategy & planning

Integrated Approach for mainstreaming environment in Myanmar:

National Environmental Conservation and Climate Change Central CommitteeRegion and State regions ECCCC supervson committee

EQGs

Environment& Social• Water• Air• Land• Ecosystem•Biodiversity• Culture•Health

EIA mainstreaming into Development Sustain

able D

evelopmen

t

EIA &

SIA

Environm

ental Sustainability

Environmental Degradation

and Depletion

22

Environm

ental M

anagement and

Monitoring D

evel

opm

ent I

nves

tmen

ts-

Res

ourc

es b

ased

and

Ind

ustr

y ba

sed

1994 Environmental Policy

1997 Agenda

21

2009 NSDS

2008 State Constitutio

n

2012 ECL, 2014 ECR and MIC

and Sectors’

Law &Rules

2015 EIA procedure & EQGs

2015-NCD

P, 2018 MSD

P

2017 NEP,

NCCP, CCSAP, GEPF,

NWMS, HWM

MP

Environmental Policy and legal instruments

23

International environmental agreements -MEA

Convention on Climate Change (UNFCCC), 1992 (1994)

Convention to Combat Desertification (UNCCD), 1994 (1997)

Kyoto Protocol 1997 (2003)

Vienna Convention 1985, 1993

Montreal Protocol , 1987 + amendments (1993)

Stockholm Convention on POPs 2001 (2004)

Basel Convention , 1989 (2015)

International Convention for the Prevention of Pollution from Ships (MARPOL), 1973

Convention on Biological Diversity (CBD), 1992 (1994)

Cartagena Protocol on Biosafety to the CBD, 2000

Nagoya Protocol on Access and Benefit Sharing (ABS) 2010 (2014)

Convention on International Trade in Endangered Species (CITES), 1973 )

Ramsar Convention on Wetlands of International Importance 1971

The Convention for the Protection of the World Culture and Natural Heritage, Paris, 1972

International environmental agreements -MEA

Specific skills and capacities• Expertise in handling specific key environmental topics• Availability and use of detailed environmental data and information• Active environmental research• Information management

Environmental mainstreaming• Mainstreaming of environmental policies and strategies• Effective implementation of EIA system• Rule of law, compliance and enforcement• Well functioning administrative procedures and devolution of responsibilities to

regional and local levels• Clear division of tasks and responsibilities between different sectors and level

of government

Fundamental conditions• Participatory processes for environmental matters• Adequate resources for the environmental administration• Transparency• Gender and ethnic equality• General environmental awareness

Challenges for strong environmental governance

NeedsIntegrating Environmental Policy and Strategic Framework

Clear task & responsibilities

Research and Development Innovation

Institution & human Resources Capacity

Coordination Mechanism and Institution

Environmental data & information

Monitoring and compliance

Public Private Partnership

Sound environmental services

International Cooperation

Financial Mechanism

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Spec

ific

Law

s, R

ules

, R

egul

atio

n an

d G

uide

lines

Future Plan (2017-2021)

Environmental Sustainability towards Sustainable Economic Development

Institution

Strategic Policy Fram

ework, Legislation

Integrated Monitoring

System

EIA process

Environmental H

ealth

Clim

ate Change

Adaptation&

Mitigation

Financial Mechanism

Technology, Education, R

&D

Awareness

Step forwards� Coordination to mainstream

the policy frameworks into national and regional development plan and budget allocation

� Human resources development and capacity building

� Environmental database system

� Technology development � Environmental education &

research and development29

� Relevant sector-wise Environmental Laws, Rule and Regulations

� Integrated Monitoring System

� Environmental quality standards

� Environmental Management Fund mechanism

� Rules and regulations to comply MEA

Env. Regulatory framework

Effective implementation

Thank you