4 4.9 Chapter 4.9 Stakeholder Engagement & Grievance Mechanisms In this Chapter: A. Context • Freedom of Expression • Freedom of Peaceful Assembly • Freedom of Association • Corruption • Lack of Transparency • Accountability: Judicial and Non-Judicial Mechanisms B. Field Assessment Findings C. Recommendations for ICT Companies • Stakeholder Engagement • Accountability and Grievance Mechanisms D. Relevant International Standards and Guidance A. Context Stakeholder consultation and engagement in Myanmar are complex for a number of reasons. Until recently people’s rights to speak freely or assemble peacefully had been forcefully suppressed for five decades. As a result, many individuals are still reluctant, even fearful, about speaking out against the Government or military in particular. Ethnic diversity, and experience of armed conflict and inter-communal violence, have resulted in significantly different perspectives on the role of the Government and business which may be difficult for outsiders to access and understand. The ability to organise NGOs to address key concerns was extremely difficult until Cyclone Nargis in May 2008, when the authorities began to tolerate the participation of civil society in humanitarian work, although CSO leaders were also arrested and imprisoned at the time. The Government has historically placed itself as the main interface between companies and communities. This approach will take time to change, but is now beginning to happen. The country has suffered and continues to suffer an accountability deficit that will take far longer to change, starting with changing mind-sets. At the highest level, reformers in the Government have indicated their willingness to be held accountable and have taken several significant steps to join international initiatives to begin to address both international and domestic concerns. These include joining the Extractive Industries Transparency Initiative (EITI), 594 and initiating its application to the Open Government Partnership (See Chapter 3 on Sector Impacts). Both of these initiatives require active 594 Myanmar EITI is based on a number of principles including transparency and accountability. EITI membership also requires that civil society are able to operate freely and “are able to speak freely on transparency and natural resource governance issues, and ensure that the EITI contributes to public debate.” EITI, “Civil Society Protocol” (1 January 2015). 238 PAGE CHAPTER 4.9: STAKEHOLDER ENGAGEMENT & GRIEVANCE MECHANISMS