Recs
Operational-level mechanisms should also be:
(h) Based on engagement and dialogue: consulting the stakeholder groups for whose use they are
intended on their design and performance, and focusing on dialogue as the means to address and
resolve grievances.
The Government should clearly signal its expectations to companies (foreign or local) that
it expects responsible investment aimed at the long-term interests of Myanmar and all of
its people.
That expectation can be expressed in policies and law (see the
Recommendations to the Government of Myanmar, numbers 2 and 3, above). It can be
strengthened through public awareness raising and capacity building of Myanmar
companies, and by ensuring that they make themselves accountable to the population
(see Recommendations to Companies below). As Myanmar’s judicial system reforms will
take many years, in the interim, it is important that effective alternatives to formal legal
proceedings are available to ensure that access to remedy is readily available to those
adversely impacted by business activities.
Key Points for Implementation
Set out the Government’s expectation that businesses investing and doing
business in Myanmar will engage in responsible business conduct, whether
through enterprise registration or through a permit from the Myanmar Investment
Commission (MIC). This could for example be through public guidance from the
Directorate of Investment and Companies Administration (DICA) to all Myanmar and
foreign companies.
Include two contractual terms relating to responsible business in MIC Permits,
requiring:
• An annual report explaining the company’s approach and outcomes in conducting
business responsibly
• All companies granted a MIC permit should establish mechanisms to receive and
constructively address concerns and complaints, from workers, communities and
civil society, consistent with the effectiveness criteria of principle 31 of the UN
Guiding Principles on Business and Human Rights
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RECOMMENDATIONS TO THE GOVERNMENT OF MYANMAR