Recs
2. Support implementation of the corporate responsibility to
respect human rights by Myanmar and international
companies.
UN Guiding Principles on Business and Human Rights: The State Duty to Protect
2. States should set out clearly the expectation that all business enterprises domiciled in their territory and/or
jurisdiction respect human rights throughout their operations.
Key Points for Implementation
Home country governments should proactively express their expectations of
companies domiciled in their country that are investing, or are looking to
invest, in Myanmar. This should include clear expectations that they should operate
in line with the UN Guiding Principles on Business and Human Rights and, where
relevant, the OECD Guidelines on Multinational Enterprises, including the
requirements on disclosure. They should encourage companies to apply the IFC
Performance Standards and WBG Environmental, Health and Safety Guidelines in
the absence of Myanmar laws that provide for a higher standard.
Consider adopting reporting requirements modelled on the US Reporting
Requirements on Responsible Investment in Burma, or other reporting
requirements for companies on environmental, social and human rights impacts (such
as in the EU), and encourage companies to report specifically on Myanmar as a highrisk country for human rights.
Support the Government of Myanmar in introducing standards for responsible
business conduct for companies operating in Myanmar (See Recommendations to
the Myanmar Government above).
3. Ensure investment and free trade agreements negotiated
with the Government of Myanmar reinforce responsible
business practices.
UN Guiding Principles on Business and Human Rights: Ensuring Policy Coherence
9. States should maintain adequate domestic policy space to meet their human rights obligations when
pursuing business-related policy objectives with other States or business enterprises, for instance through
investment treaties or contracts.
Key Points for Implementation
Ensure that investment, free trade, and other international economic
agreements are coherent with each country’s or inter-governmental organisations’
(in the case of the European Union) international obligations, including its
international human rights treaty obligations, and make reference to the UN Guiding
Principles on Business and Human Rights.
Ensure that each party to such agreements has preserved sufficient “policy
space” (freedom to make policy changes and choices after the agreement is
formalised) for further changes to domestic policy that can improve environment,
social and human rights protections. Governments should ensure that those
agreements reinforce rather than restrict good governance and responsible business
practices.
32 RECOMMENDATIONS TO DEVELOPMENT PARTNERS & HOME GOVERNMENTS
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