"...While Burma may be taking steps in the right direction, the Burmese government is still far from being one of good
governance. Until the Burmese government develops its own sound policy framework to protect and sustainably
develop its natural resources in a way that meets ‘good governance’ guidelines, no amount of international
treaties or corporate regulation will mitigate the damage of natural resource development projects like the
Shwe Gas Project.
Until Burma’s internal framework meets these standards, foreign direct investment, particularly in extractive industries,
should not be an option. This is a call for all investors, corporations, stakeholder governments, intergovernmental
groups, and various others to utilize their means and authority to pressure the Burmese government.
Pending the necessary policy changes, all parties involved may be lacking the due diligence necessary to ensure
good global governance.
The following recommendations should be undertaken with the UN rights based approach as a basis, in which
‘people are recognized as key actors in their own development, rather than passive recipients of commodities
"Environmental law in Burma under the current military regime is very weak. One of the main problems is that there are no up-to-date laws that regulate pollution. There are also no regulations for environmental impact assessments to examine the harmful effects of projects. Reasonably effective environmental laws were enacted under the British. The democratic period in Burma, from 1948 to 1962, did not improve these laws. After 1962, the military junta repealed and replaced the British laws. The current legislation is too general and has never significantly provided for the protection of the environment. Unfortunately, the Burmese junta shows little concern for the environment..".
"Legal Issues on Burma Journal" No. 9 (Burma Lawyers' Council)
A report on mining in Burma. The problems mining is bringing to the Burmese people, and the multinational companies involved in it. Includes an analysis of the SLORC 1994 Mining Law.... 'Grave Diggers, authored by world renowned mining environmental activist Roger Moody, was the first major review of mining in Burma since the country's military regime opened the door to foreign mining investment in 1994. Singled out for special attention in this report is the stake taken up by Canadian mining promoter Robert Friedland, whose Ivanhoe Mines has redeveloped a major copper mine in the Monywa area in joint venture enterprise with Burma's military regime. There are several useful appendices with first hand reports from mining sites throughout the country. A series of maps shows the location of the exploration concessions taken up almost exclusively by foreign companies in the rounds of bidding that took place in the nineties.
"...Environmental Legislation in Myanmar:
Even under the old laws which were made in the days when international
concern for environmental matters was less recognized than today, various
laws of Myanmar contained provisions relating to the environment. There
are 53 legal instruments in Myanmar. Some of these laws have been recently
formulated and contain wide ranging provisions for environmental protection
and conservation. However, there is still a need to modify or amend some
old laws and to formulate new laws that take into account the changing
economic situation in the country, the prevailing global environmental
concerns as well as the international environmental conventions and agreements to which Myanmar is a party.
The several significant laws are as follows:-..."
Tee Tee Cho (Department of Law, Dagon University, Yangon, Myanmar)
Singapore Journal of International and Comparative Law (1997 1 pp 609-614)
Ministry of Environmental Conservation and Forestry, Government of the Union of Myanma
Notification No 62/2012 -
14 Waxing Wagaung 1374 ME
(31, August, 2012) -
Designating the Date of Coming into Force of Farm Land Law...The Ministry of Agriculture and Irrigation promulgated the following rules by using the
power vested by the section-42, sub-section (a) of farm land law with the approval of
1. These rules shall be called farm land rules.
2. The words and expressions contained in these rules shall mean as contained
in Farm Land Law. And the following words shall mean as described..."
The Republic of the Union of Myanmar President Office
The Ministry of Agriculture and Irrigation, exercising its given rights, and with the approval of
the Union Government, has issued the following rules in accordance with Section 34, Subsection
(a) of the Vacant, Fallow and Virgin Lands Management Law - 1. These rules shall be called the Vacant, Fallow and Virgin Lands Management Rules.
2. The terms and expressions used in these rules shall have the same meaning as used in the
Vacant, Fallow and Virgin Lands Management Law. In addition, the following expressions shall
have the meanings as stated below:
The Republic of the Union of Myanmar Ministry of Agriculture and Irrigation (Unofficial Translation by UN-Habitat)
(၂၀၁၂ ခုႏွစ္၊ ျပည္ေထာင္စုလႊတ္ေတာ္ဥပေဒ အမွတ္ ၁၀။)... ၁၃၇၃ ခုႏွစ္၊ တန္ခူးလဆန္း ၈ ရက္ (၂၀၁၂ ခုႏွစ္၊ မတ္လ ၃၀ ရက္)...
Enacted 30 March 2012 and published in "The Mirror" ("Kyemon") and "Myanmar Alin" of 2 April 2012...No official English version yet.
The Union of Myanmar The State Peace and Development Council... The Conservation of Water Resources and Rivers Law... (The State Peace and Development Council Law No. 8/2006) ...The 11th Waxing Day of Thadingyut, 1368 ME (2nd October, 2006)
The State Law and Order Restoration Council...
The Myanmar Mines Law...
(The State Law and Order Restoration Council Law No 8/94)...
The 2nd Waxing Day of Tawthalin, 1356 M.E.
(6th September, 1994)
"The objectives of this Law are as follows:
a.to implement the Mineral Resources Policy of the Government;
b.to fulfil the domestic requirements and to increase export by producing more mineral products;
c.to promote development of local and foreign investment in respect of mineral resources;
d.to supervise, scrutinize and approve applications submitted by person or organization desirous of conducting
mineral prospecting, exploration or production;
e.to carry out for the development of, conservation, utilization and research works of mineral resources;
f.to protect the environmental conservation works that may have detrimental effects due to mining operation..."
The State Law and Order Restoration Council -
The Private Industrial Enterprise Law -
(The State Law and Order Restoration Council Law No. 22/90) -
The 10th Waxing Day of Nadaw, 1352 M.E.
(26th November, 1990
State Law and Order Restoration Council (SLORC) via The Burma Lawyers' Council
Department of Agriculture and Forests
Rangoon, the 2nd January 1941.
No. 2 Under section 26 of the Burma Wild Life Protection Act, 1936 the Governor makes the following rules to carry out the several objects and purposes of the said Act.
Rules under the Burma Wild Life Protection Act, 1936.
Govt. of Burma (Department of Agriculture and Forests )