The concept of indigenous peoples in Myanmar: Ethnic identity is an important dynamic in Myanmar society that will play out in many ways in relation to extractive sector policy and projects, particularly in areas that are emerging from long-running conflict or still suffering from inter-communal violence. Previously, ethnic identity was generally not expressed in terms of broader international standards on indigenous peoples’ rights, but that is changing as a result of capacity-building programmes and international networking. O&G companies (and others) with experience in engaging with indigenous peoples rights elsewhere are likely to see increased references in Myanmar to international standards on indigenous peoples as a framework for engagement.337
n Draft EIA Procedures on indigenous peoples: The latest available English translation of the draft Environmental Impact Assessment (EIA) Procedure provides for consultation but does not specifically refer to FPIC. It also explicitly states “Projects involving resettlement or potentially affecting Indigenous People shall additionally comply with separate procedures issued by responsible ministries, and in the absence of such procedures all such Projects shall adhere to international best practice on Involuntary Resettlement and Indigenous People.” If adopted as is, adherence to international best practice on indigenous peoples will become a requirement, not just an option.338 The OECD has recommended the use of free, prior and informed consent (FPIC) for all land acquisitions, not just those involving ethnic minorities / indigenous peoples.339
n International financial institutions safeguards concerning indigenous peoples: Several international financial institutions (IFIs) including the Asian Development Bank (ADB) and the World Bank Group (WBG) are considering how to apply their safeguard