Final Report Chapter 9 Environmental and Social Considerations These construction/installation sites are not included in nature-protection areas or cultural heritage protection areas, and are not designated as ecologically important habitats or areas of historical and/or cultural value. 9.2 Framework of Environmental and Social Considerations Comprehensive environmental conservation measures in Myanmar began with the establishment in 1990 of the National Commission for Environmental Affairs (NCEA) under the control of the Ministry of Foreign Affairs. The NCEA has undertaken the education of the people and carried out environmental policies. In addition, the “National Environmental Policy” was enacted in 1994 to develop the comprehensive environmental policies of the state, but this was limited to a setting out of guidelines. In 1997, the general policy for sustainable development “Myanmar Agenda 21” was formulated, covering in addition the report of the environmental impact assessment. However, no comprehensive legislation for public hazards and waste was established. The regulations to curb public hazards and waste were partially covered by various laws and regulations including not only the Mining Law, the Water Resource and River Conservation Law and the Forest Law, but also the Law for the Protection of Wildlife and the Conservation of Natural Areas (1994), the Law for Obstacles on Routes (1881), the Vehicle Law (1964), the Factory Law (1961), the Insecticide Law (1990), the Public Health Law (1972) and the Law for Civil Manufacturing Companies (1990). The Myanmar Investment Commission (MIC) issues business licenses for overseas companies expanding into Myanmar. A Directive was enforced in 19941 that obligates companies licensed by MIC to operate their businesses under the condition that their businesses shall not damage the environment in and around their area of operation. As to overall environmental conservation measures, after the inauguration in April 2011 of the new Government led by President Thein Sein, the policy of an open-door economy was promoted and the policy for the development of economic infrastructure in some urban and rural areas was enforced. In September 2011 the Ministry of Forestry was restructured as the Ministry of Environmental Conservation and Forestry in order to alleviate the burden of regional development on the environment and local communities. After that, the Environmental Conservation Law was enacted in March 2012. This Environmental Conservation Law comprises 14 chapters, as described below2. 1 2 Reference literature: Report on the Overseas Projects in the Private Sector and the Study of Strengthened Environmental and Social Considerations under Japan’s ODA, commissioned in 2009 by the Ministry of Environment, Global Environmental Forum, March 2010 Reference literature: OECC Report No. 67, December 2012, Environmental Cooperation to Myanmar <”Foreword” Masahiko Tanaka, Head of JICA Myanmar Office> 9-3