On 19/20 March, two biodiversity, business and human rights events were organised by MCRB in Yangon: a multistakeholder consultation on the draft Briefing Paper, and a training session conducted by a number of international experts on biodiversity and environmental impact assessment (EIA) for around 70 representatives from companies, particularly EIA consultancies. Read more: http://www.myanmar-responsiblebusiness.org/news/reinforcing-connections.html

1. Biodiversity and Tourism Projects in
Myanmar: current and future guidelines
Vicky Bowman
Director, Myanmar Centre for Responsible Business (MCRB)
Pan Pacific Hotel, Yangon
19 March 2018

2. MCRB Tourism Sector-Wide Impact Assessment (Sept 2015)
2

3. MCRB follow up work on tourism
▪ Working with Hanns Seidel Foundation, FFI and Myanmar Responsible
Tourism Institute
▪ Naypyidaw multistakeholder workshops on responsible tourism and human
rights; and community-based tourism fora x 2 (December 2015 and June
2017 – next one June 2018 in Shan State tbc)
▪ Focus on coasts:
• Two multistakeholder workshops in Ngapali (May 2016 and May 2017)
• Three multistakeholder workshops in Tanintharyi (Dawei Dec 2016 and
Myeik and Kawthaung May 2017)
• Sand-mining/Ngwesaung case raised with Anti-Corruption Commission
and Bathein government
▪ Inputs to Ecolodge guidelines
▪ Offer to ECD develop Tourism EIA sector guidelines if a standardised format
for sectoral guidelines is approved

4. Tourism impacts on biodiversity & ecosystem services
▪ Land acquisition for tourism developments or supporting infrastructure,:
• natural-resource dependent communities are involuntary
resettled
• land that provides important ecosystem services is cleared e.g.
mangroves
▪ Competition for limited resources especially water
▪ Increased pollution
• inland waterways and coastal areas (including mangroves and
coral reefs), as a result of discharges of inadequately treated
sewage
• unsanitary disposal or burning of domestic/commercial waste
from tourism facilities
▪ Restricting access of local people to ecosystem services through the
creation of physical barriers (such as hotel or marina developments
along waterfronts or beaches)
▪ Pressure on biodiversity and other ecosystems services
• Eg snorkelling and dropping anchors on coral reefs, fishing and
taking shells, bushmeat, turtle eggs etc
▪ EIA should cover not only impacts of hotels
and other infrastructure, but also about
managing the biodiversity impacts of
visitors
▪ NB Myanmar domestic tourists 5 million;
foreign tourists 1 million per annum

5. Environmental Conservation Law (ECL) 2012
Environmental
Conservation Rules 2014
(Art38-39 EQS, Art 51-61 EIA)
MOECAF Notification 616/2015
EIA Procedure
Draft ESIA Guidelines
(generic) (ADB)
Draft Public
Participation
Guidelines
USAID/MPE
via Vermont
Law School)
Ecolodge
guidelines
Possibly
Tourism
sectoral
guidelines
Specific
Environmental
Quality
Standards (EQS)
still to be not
written and
adopted
MOECAF
Notification
616/2015
National
Environmenta
l Quality
(Emission)
Guidelines)
Other Environment
and Social
safeguard laws e.g.
Forest, Wildlife,
Investment , Ethnic
nationalities,
Disability, Labour,
Hazardous Waste,
Planning
Relevant Sectoral
Rules, Regulations,
By-laws which
concern
environmental and
social safeguards
Relevant
notifications,
orders, directives
& procedures
Could include
Zonation Plans,
Building Code
1993 Hotel and
Tourism Law
(to be amended)
[Sectoral Rules,
Regulations, By-laws]
2015 Coastal Beach
Areas Directives
2011 Orders for Licensing
of Hotel & Lodging-
Houses; Tour Guides,
Tour Operations;
Tourism Transport
Missing
sectoral
standards
which need
to be
notified
(tbd)
Gaps in
primary
law
relevant
to
sectoral
activity
Gaps in
byelaws
and rules
relevant
to
sectoral
activity
Gaps in
tertiary
legislation
relevant
to sectoral
activity
Gaps in regulation and protection for sensitive coastal and marine areas can be
filled by MONREC under ECL 7(n) ‘laying down guidance relating to the
management, conservation and enhancement of environment for…. conservation
of biological diversity, conservation of coastal environment”,

6. Myanmar EIA Procedure: Tourism
▪ IEE ≥80 rooms but <200 rooms or total utilisation area ≥200,000m2 but
<500,000m2
▪ EIA ≥ 200 rooms or total utilisation area ≥500,000m2
▪ Article 25 states that ‘An EIA is required in all cases where the Project will be
located in or will have foreseeable adverse effects on any legally protected
national, regional or state area, including without limitation: (i) a forest
conservation area (including biodiversity reserved area); (ii) a public forest; (iii) a
park (including marine parks); (iv) a mangrove swamp; (v) any other
sensitive coastal area; (vi) a wildlife sanctuary; (vii) a scientific reserve; (viii) a
nature reserve; (ix) a geo-physically significant reserve; (x) any other nature
reserve nominated by the Minister; (xi) a protected cultural heritage area; and
(xii) a protected archaeological area or area of historical significance.
Furthermore, Article 28 of the EIA Procedure allows for MONREC in Screening
to take into account f) protection of areas having a fragile ecosystem; ....i)
recreation zones and pearl production areas; and j) conservation and
protection of biodiversity.

7. Order for Sustainable Coastal Areas
MOHT Notification 2/2015 (originally 2004)
▪ Road access to the beach for the public should be
constructed and ensured
▪ Build hotels with a Myanmar architectural design and
be congruent with the colours of the background
natural scenery. Roofs should be green or grey.
▪ Hotels built on slopes and hills should avoid
excessive cutting of trees and digging of soil, to avoid
destroying their natural state
▪ Buildings on hills must not rise above the skyline
▪ Hotels built at coastal area must be built in zones
designated by the State/Regional Government
▪ Build on land permitted under LaYa-30 and not on
Forest land and vacant land
▪ Hotels with permission from MoHT should built only in
areas designated by the State/Regional Government
▪ Maintain a minimum distance of 50 metres form the
point of the highest tide
▪ Do not build higher than two-storeys, 10 metres or
the tallest tree
▪ No other massive construction is allowed along the
beach area
▪ Choose architecture and construction materials
appropriate for beach area
▪ Allocate enough area for car parking with greenery
▪ Avoid construction of high walls, fencing which may
block views of the beach
▪ Beach sand and rocks should not be used for
construction

8. Myanmar Ecolodge Guidelines
▪ Part of theICIMOD project with MoHT and NCWD of
MONREC for an Ecotourism Policy
▪ Ecolodge Guidelines (dated October 2017 -not yet available
on GoM websites)
http://lib.icimod.org/record/32856/files/icimodMyanmarEcotourism.pdf
▪ Does not replace other laws
▪ Intended to be used as ‘guidance for developing
accommodation facilities that are environmentally
sustainable…should be used in the planning, design,, EIA
and construction of an ecolodge in Protected Areas and can
also be used to guide ecolodge development in other
natural areas’
▪ The EcoLodge Permit granted by NWCD will be conditional
on satisfactory completion and approval of an EIA which
should incorporate a Water Conservation Plan, Waste
Management Plan, and Energy Conservation Measures and
a Monitoring Plan

10. Addressing the need for guidelines for EIA and tourism
activity in sensitive coastal areas
MCRB/FFI have commissioned
Carsten Huttche/Enviro Pro to
develop guidelines to propose
to government (ECD, MCWD,
MoHT, regional governments)

11. FFI Proposed Coastal Zonation for Myeik Archipelago
Core conservation zones
▪ Strict Nature Reserve
▪ Wilderness Area
▪ National Park.
Limited Development Zone
▪ a semi-intensive tourism development zone in which an area can be developed to
a limited extent, (especially when near environmentally-sensitive natural areas)
where some moderate-impact facilities are included (e.g. small resorts, visitor
centers)
Locally Managed Marine Areas (LMMAs)
Full Development Zone
▪ an intensive tourism development zone, which should only occur in highly popular
mass tourism destinations. In Full Development Zone, potential tourist attractions/
facilities such as beach resorts, amusement and theme parks can be allowed.

12. Additional guidance on biodiversity, EIA and tourism
▪ IFC Environmental, Health, and Safety Guidelines for Tourism and Hospitality Development
▪ Spenceley, A., et al (2017) Guidelines for tourism partnerships and concessions for protected areas:
Generating sustainable revenues for conservation and development
▪ CBD and UNEP. (2007). Managing Tourism & Biodiversity: User’s Manual on the Cbd Guidelines on
Biodiversity and Tourism Development. Secretariat of the Convention on Biological Diversity, Montreal
▪ CBD and UNEP. (2015). Tourism Supporting Biodiversity: A Manual on applying the CBD Guidelines
on Biodiversity and Tourism Development. Secretariat of the Convention on Biological Diversity,
Montreal
▪ UNWTO (2010). Tourism and Biodiversity – Achieving Common Goals Towards Sustainability. UN
World Tourism Organisation.