A/HRC/34/67
retained and for the drafting of an overarching land law in line with the policy and with
human rights standards.
2.
Sustainable development, and business and human rights
41.
As Myanmar continues to reform, it is important that the ensuing benefits are not
concentrated among small sections of the population. That is likely to require policy
development addressing difficult questions on resource-sharing, decision-making processes
for approving development projects and strategies to combat increasing inequality. The
Special Rapporteur recalls the importance of a people-centred form of sustainable
development, which protects the rights of local populations.
42.
The Special Rapporteur has been following developments regarding the Letpadaung
copper mine project. She is concerned that there is still no accountability for the killing of
Khin Win in 2014. She notes concerning information of a potentially hazardous waste
overflow in November 2015, continued prosecutions of protestors, including two who were
charged in June 2016, and that an additional 141 households are facing eviction after a
mine expansion plan was announced without due consultation. 8 She calls for the plan to be
halted until genuine consultations are held with communities, for environmental safeguards
to be strengthened and for further investigations into the death of Khin Win.
43.
The Special Rapporteur has already welcomed the adoption of environmental impact
assessment procedures (see A/HRC/31/71, para. 67), but notes reports they are not being
consistently implemented and that there is limited understanding of consultation
requirements. She was informed by the Ministry of Natural Resources and Environmental
Conservation that it is in the process of drafting public consultation guidelines, which she
hopes will ensure consistent and meaningful consultations.
44.
Mining projects continue to have a severe impact on the lives of communities. The
Special Rapporteur had hoped to travel to Hpakant to visit communities affected by mining,
but her request was denied. She was fortunate to meet affected individuals who had
travelled from there to meet her in Myitkyina. They painted a grim picture, detailing
extensive environmental destruction, children suffering from breathing difficulties due to
mining dust, and allegedly over 100 people killed by traffic accidents involving mining
vehicles.
45.
The Special Rapporteur welcomes the fact that the Ministry of Natural Resources
and Environmental Conservation recognizes key challenges in the sector and its clear desire
to tackle them. The decision to suspend the issuance and renewal of licences for jade
extraction until the legal framework is reformed is particularly welcomed. She notes that, in
order to fully capitalize on that opportunity, it will be important to ensure revision of the
legal and policy framework following a consultative process, and inclusion of strong
protections against environmental and human rights abuses and against corruption. She
encourages increased transparency across the mining industry with systematic publication
of up-to-date information on permit holders and licencing terms. She encourages the
Government to take appropriate steps to investigate, punish and redress any human rights
abuse relating to business activities in all sectors and ensure victims’ access to an effective
remedy in accordance with international standards.
46.
The Special Rapporteur notes that the second report of Myanmar under the
Extractive Industries Transparency Initiative is scheduled for submission in March, but
understands that an extension of that deadline is being sought. She welcomes the formation
of a leading committee, and the steering committee’s first meeting in December. She
encourages the Government to quickly form the national level multi-stakeholder group and
underlines the need for work on the second report to begin forthwith, in collaboration with
civil society. She also calls for the jade sector to be fully included in that report.
8
8
See Amnesty International, Mountain of Trouble: Human Rights Abuses continue Myanmar’s
Letpadaung Mine (Index: ASA 16/5564/2017), available at
www.amnesty.org/en/documents/asa16/5564/2017/en/.
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