5/22/22, 5:08 PM Vicky Bowman: ‘What’s important is to ensure a level playing field’ | Frontier Myanmar If these assessments are disclosed, and open to public scrutiny and comment, that might help to drive a better standard. Some of the EIAs I have seen which have been done by both Myanmar and international consultancies – but generally not made public – are completely inadequate. The ministry needs to have the capacity to respond to them, but stakeholders need to also have the capacity and commitment to read them and comment. Sometimes I wonder if I am the only person outside the company and government who has read the Letpadaung EIA, which incidentally has been made public for over a year, and is actually not a bad EIA, although it leaves certain commitments open-ended and in need of more detailed management plans. The second aspect is enforcement of the commitments in the environmental management plan. There is very weak capacity in MOECAF both nationally and sub-nationally to do this. The best way to fix that is for Nay Pyi Taw to provide the human resources and political backing, and for donor governments to give technical support to their regulatory function. The EMP also allows the government the opportunity to introduce international standards of environmental and social protection even where such requirements do not yet exist in Myanmar law. But they need to introduced in a non-discriminatory way. The government needs to require the same standards of all projects in the sector, and not just foreign projects, or not just projects from 2016 onwards. Vicky Bowman, director of the Myanmar Centre for Responsible Business. (Maro Verli / Frontier) Should the next government reassess contracts made under the junta, such as those for oil and gas pipelines? What’s needed now is transparency as to what those contracts say, and a chance for experts, and the public to express a view. Do these projects meet the higher standards of environmental and social protection that Myanmar now expects? Are they a good deal for Myanmar in 2016? Here you have to consider not just the Myanmar situation but the global recession. Could the deals which have been signed be renegotiated on the basis of mutual agreement? The successful renegotiation of the Letpadaung agreement shows that amending contracts is viable if both sides see the need. Some of these controversial projects – such as some of the Salween dams – have not yet even been permitted and ‘No Go’ should be considered by government as one alternative. National League for Democracy chair Daw Aung San Suu Kyi has repeatedly called for “responsible” investment in Myanmar. Has the NLD been consulting the MCRB as it prepares to assume power? We are still looking forward to seeing more details of new government’s plans, to flesh out the mentions of responsible investment and international standards in the manifesto. What’s important is to ensure a level playing field. Investment by Myanmar companies needs to be subject to the same requirements as that by foreign companies. What are you looking for in the amendments to the Foreign Investment Law? https://www.frontiermyanmar.net/en/vicky-bowman-whats-important-is-to-ensure-a-level-playing-field/ 3/7

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