Expectations of the Myanmar Government President U Thein Sein, Daw Aung San Suu Kyi (leader of the opposition National League for Democracy (NLD)), numerous governments and international organisations, have all called for ‘responsible business’ in Myanmar. Together with the OECD, the Government conducted an ‘investment policy review’ of the country in 2013. The 300+ page report starts with a chapter on responsible business, focused on human and labour rights and how international standards of responsible business conduct can be introduced in the country (See Table 1 below). 22 In discussing the report, the Myanmar’s Union Minister of National Planning and Economic Development, Dr Kan Zaw, “praised the comprehensive nature of the report and said that it would help to guide the Government in solidifying investment climate reforms and in promoting more and better investment.” 23 This points to a Government interested and willing to align itself with international standards. Table 1: Recommendations from the OECD as part of the Myanmar Investment Policy Review Chapter on Responsible Business Conduct 24 • • • • • • • • • • • Ratify major international human rights, labour and environmental conventions Enact and enforce domestic legislation consistent with these standards Strengthen the independence and expand the mandate of the National Human Rights Commission Promote revenue transparency Ensure that domestic enterprises, including state owned enterprises, conform to the new standards of behaviour and prosecute lawbreakers Expand the role of civil society (labour unions, local community organisations) to help ensure that businesses obey the law Prepare sectoral master plans which include responsible business conduct (e.g. tourism) Provide adequate protection of property rights, including for customary land Free, prior and informed consent (FPIC) for land acquisitions, relocations, etc. Develop grievance mechanisms in other areas and provide redress to victims Work with home governments to promote respect for the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises. Require foreign investors receiving a permit from the MIC to commit to these principles. However, the hard work of translating those commitments into relevant laws, policies and practices throughout the country is just beginning. The legacy of over fifty years of military Government and isolation will have to be addressed to ensure that the benefits of a modern telecommunications network and ICT sector contribute to widespread development. While Myanmar has taken significant steps towards reintegration into the global community, it is still a ‘high risk’ or ‘weak governance’ country, requiring a higher level of rigour and sensitivity in conducting business. Entrenched elite interests, widespread corruption, lack of state capacity and a lack of comprehensive social policies have led to low levels of state legitimacy, social cohesion and trust. While high-risk 22 OECD, “OECD Investment Policy Reviews: Myanmar 2014” (March 2014). ASEAN Secretariat, “Myanmar Welcomes International Support for Responsible Investment” (March 2014). 24 OECD, “OECD Investment Policy Reviews: Myanmar 2014” (March 2014) pg. 32. 23 CHAPTER 1: INTRODUCTION 45 1