Assessment
n The recognition of certain groups living in Myanmar as “indigenous peoples” is
unclear in law and contested in practice.
n The Myanmar Constitution and most domestic laws are steadfast in not
acknowledging any concept of special minority or indigenous groups who
have additional or special rights.
n The Foreign Investment Law refers to “ethnic nationalities” or “native
peoples” (depending on the translation) and specifically allows the Myanmar
Investment Commission (MIC) to restrict or prohibit foreign investment activities
“which can affect the traditional culture and customs of the national races within
the Union;” unless the investments is found to be “for the interest of the Union and
citizen especially the native people with the approval of the Union Government”.
This approval shall take into consideration the opinions from the local population
and civil society, relevant regional administrative entities and the region or state
government.343
n Myanmar has not ratified ILO Convention 169 - Indigenous and Tribal Peoples
Convention. However, Myanmar voted in favour of endorsement of the UN
Declaration on the Rights of Indigenous Peoples in 2007, while noting that it
“would seek to implement it with flexibility.” The Myanmar statement did not take a
position of whether there are or are not indigenous peoples in Myanmar.The
standard working definition for qualification as an “indigenous people” uses
several criteria: historical continuity; commitment to preserving ethnic identity; distinct differences from the prevailing sectors of society; and formation of nondominant
sectors of society344, as well as the criteria of self-identification which is
included in many definitions. There are ethnic minority groups in the O&G
development areas that meet the criteria of indigenous peoples.
n The IFIs have already applied or indicated that they will apply their indigenous
peoples safeguard policies to their operations in Myanmar.
• In 2013, the World Bank applied the World Bank Safeguard Policy on Indigenous
Peoples in a project to upgrade the Thaton gas fired power plant in Mon State,
noting that the overwhelming majority of people in the project area in Mon State
are indigenous peoples.
Assessmentn The recognition of certain groups living in Myanmar as “indigenous peoples” isunclear in law and contested in practice.n The Myanmar Constitution and most domestic laws are steadfast in notacknowledging any concept of special minority or indigenous groups whohave additional or special rights.n The Foreign Investment Law refers to “ethnic nationalities” or “nativepeoples” (depending on the translation) and specifically allows the MyanmarInvestment Commission (MIC) to restrict or prohibit foreign investment activities“which can affect the traditional culture and customs of the national races withinthe Union;” unless the investments is found to be “for the interest of the Union andcitizen especially the native people with the approval of the Union Government”.This approval shall take into consideration the opinions from the local populationand civil society, relevant regional administrative entities and the region or stategovernment.343n Myanmar has not ratified ILO Convention 169 - Indigenous and Tribal PeoplesConvention. However, Myanmar voted in favour of endorsement of the UNDeclaration on the Rights of Indigenous Peoples in 2007, while noting that it“would seek to implement it with flexibility.” The Myanmar statement did not take aposition of whether there are or are not indigenous peoples in Myanmar.Thestandard working definition for qualification as an “indigenous people” usesseveral criteria: historical continuity; commitment to preserving ethnic identity; distinct differences from the prevailing sectors of society; and formation of nondominant
sectors of society344, as well as the criteria of self-identification which is
included in many definitions. There are ethnic minority groups in the O&G
development areas that meet the criteria of indigenous peoples.
n The IFIs have already applied or indicated that they will apply their indigenous
peoples safeguard policies to their operations in Myanmar.
• In 2013, the World Bank applied the World Bank Safeguard Policy on Indigenous
Peoples in a project to upgrade the Thaton gas fired power plant in Mon State,
noting that the overwhelming majority of people in the project area in Mon State
are indigenous peoples.
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