To: Professor Lim, Seunghoo

From: Myo Min Thein, 1B 5092, 2th year Student, PMPP

Date: 13/12/2016
RE: Compliance and Enforcement in the Implementation process of
Environmental Conservation Law in Myanmar

Executive Summary
The current environmental governance 1 of Myanmar has been strengthened to
better respond to both current regulation of environmental conservation and anticipated
environmental challenges. The case analysis built on the structure of the Environmental
conservation Law (ECL)2 and the role of the Environmental Conservation Department
(ECD) of the Ministry of Environmental Conservation and Forestry (MOECAF) as the
main responsible body for implementing the ECL. The study has to cover the regulation,
governance practices, capacity and resources in the process of implementing the ECL.
The environmental governance of Myanmar still tries to improve collaboration between
government and all public and private actors for getting a more positive effect on
environmental conservation as well as improve the ECL implementation process.
The State of Environment in Myanmar
Myanmar is an ecologically diverse country with pressures arising from political
reforms and economic liberalization including climate change. Also, the country has a
high degree of exposure and vulnerability to multiple natural hazards and risks associated
with climate change. Last decades, the country have experienced such as the impacts of
El Nio3, an extreme climate event emanating from the Pacific, threats of neighboring
countries climate change and the global impacts. In local, Unsustainable agricultural
practices, urbanization and deforestation have become as a major environmental
implication in Myanmar.
So, what are the major drivers of environmental change in Myanmar and how
government does it? In Myanmar, some of the drivers of environmental change are the
proportion of urban and rural, deforestation, increasing of foreign direct investment,
irrigation on water resources and decreasing of biodiversity. The increase urbanization is
integrally connected to both socio-economic development and environmental change.
Due to the United Nations world urbanization prospects (2014)4, the proportion of urban
was radically increased between 2000 and 2014 as the reform process of the government
and the increasing of social infrastructure as shown in Fig 1. Likewise, according to the

1
Environmental governance is a concept that advocates sustainable development as the supreme
consideration for managing all human activities political, social and economic. (Doyle and McEachern
and MacGregor, 2015, p. 20)
2
The Myanmars government acted the Environmental conservation Law as the Pyidaungsu Hluttaw Law
No. 9 / 2012 at 30th March 2012. Retrieved from http://www.ecd.gov.mm/
3
El Nio is a climate cycle in the Pacific Ocean with a global impact on weather patterns argued by
Kwon, Kug, Kirtman, Yeh, Dewitte, Jin (2009).
4
Since the 1988, world urbanization prospects (WUP) initiated by the Department of Economic and Social
Affairs of the United Nations. It is widely estimates and projections of the urban and rural populations of
all countries in the world. Retrieved from https://esa.un.org/unpd/wup/

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global forest watch (2015)5, the forestry sector contributed USD 254.4 million to the
Myanmars economy in 2011, which is approximately 0.5% of the GDP and still increase.
Consequently, the annual deforestation rate of Myanmar is estimated at 466420 hectares
per year from 1989-2000 and losing of forest hectares is still increased dramatically in
2001 to 2014 as shown in Fig 2. Further, the Irrigation Department of the Ministry of
Agriculture and Irrigation constructed nearly 200 dams for irrigation and flood protection
in 1990 to 2010, which is significantly related to decreasing both water resources and
biodiversity (ID, 2011)6 as shown in Fig 3. Besides, the percentage of threatened species
have been raised from 1990 to 2010 and still increase especially mammals and fishes,
because of both increasing of legal and illegal trading as shown in Fig 4 (IUCN, 2012)7.
As well, the amount of foreign direct investment also has been increased rapidly in 2012
to 2014 as shown in Fig 5, which is also obviously related the changing of Myanmars
environment.
Accordingly, the changing of the environment has a very heavy impacted on the
ecosystem such as increasing temperature, declining availability of fresh water,
degradation of marine and coastal resources, landslide and flooding and also support to
global warming. Thus the environmental governance of Myanmar has being realized the
necessity to better manage the increasing environmental risks brought along with
economic growth and sustainable development. During the period 1990 to 2008, the
government of Myanmar implemented some legal and policy frameworks concurrently
to protect risks arising from environmental change and disasters including the
environment conservation activities simultaneously as shown in Fig 6. Unfortunately, the
Myanmar still has obvious numerous environmental vulnerability and faces desultory-
acting for environmental conservation and it became as an important environmental issue
in environmental governance.
Fig 1. Proportion of Urban and Rural (1950-2050) Fig 2. Percentage of loss forest hectors (2001-2014)

Source: United Nation (WUP, 2014). Source: Global Forest Watch (2015).

5
Since the 1997, Global Forest Watch (GFW) initiated by the World Resources Institute and partners. It is
an interactive online forest monitoring and provide detailed information that to reduce the risk of
deforestation.
6
The constructing number of dams and irrigation project are officially announced by the Department of
Irrigation of the Ministry of Agriculture and Irrigation in Myanmar.
7
The International Union for Conservation of Nature (IUCN) published yearly Red List of Threatened
Species by using scientifically-based information on the current status of globally threatened biodiversity.

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Fig 3. Number of Irrigation dams (1990-2010) Fig 4. Percentage of threatened species (1990-2010)

Source: Irrigation Department, Myanmar (2011). Source: IUCN (2012).

Fig 5: FDI Inflow (2005-2014) Fig 6: Myanmars environmental governance (1990-2012)

Source: OECD (2015). Source: The MOECAF (2015).

Recent Environmental Governance

During the period 2012 to 2016, the Government of Myanmar has been updated
the legal and policy frameworks to protect the environment and to mitigate risks arising
from climate change and disasters. It is include the Environmental Conservation Law
(2012) and its rules (2014), Disaster Management Law (2013) and its rules (2015),
Roadmap for Reducing Emissions from Deforestation and Forest Degradation (2013),
Environmental Impact Assessment Procedures (2015), National Biodiversity Strategy
and Action Plan (2015) (MOECAF, 2015). These legal and policy frameworks are aimed
to address improving environmental conservation, reducing environmental change,
conserving biodiversity, and sustaining vital ecosystem services to support sustainable
development.
The objective of the case study is to carry out a comprehensive review of the
Environmental Conservation Law (ECL) in Myanmar and examine on existing problems
in its implementation process based on the existing story from 2012 to 2015. After that,
this study will try to identify ways to improve the implementing of the ECL in order to
support the environmental governance for the further development of environmental
management in Myanmar.

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Governance Practice in Implementation of ECL
In the environmental governance, the National Environmental Conservation
Committee (NECC)8 as a higher-level governance and it has a coordinating and formative
role. The members of Committees will be nominated from 19 ministries and few Civil
Society Organizations (CSOs) representatives. The regional and State level
environmental committees (SEC/REC) have recently been established but the role and
powers of the committees not clearly relative to those officials of the ECD as shown in
Fig 7. Thus, there is a need to evaluate the relation between the NECC and each SEC/REC
to develop good practice concerning the environmental conservation and natural
resources.
Further, the focal ministry for environmental management in Myanmar is the
Ministry of Environmental Conservation and Forestry9 (MOECAF), reformed in 2012 to
replace the former Ministry of Forestry. In the meantime, The Environmental
Conservation Department (ECD) of the MOECAF has significant roles in the
implementation of ECL such as execution, coordination and contribution in the entire
process of the law implementing as shown in Fig 8.
Therefore, Myanmars environmental governance operated as an administrative
rationalism and has been utilized command-and-control approaches in the
implementation of ECL. The government considered the goals of the ECL in terms of
efficiency, effectiveness as well as fairness and feasibility in the formal institutional
process.
Fig 7. Environmental governance and Environmental Conservation Department

8
Since 2011, National Environmental Conservation Committee has been formed and as central
organization to carry out the national environmental management and to implement effective environmental
conservation and protection in Myanmar.
9
The MOECAF has a duty and responsible for the key areas such as forest, dry zone greening, planning
and statistics of the environment, Survey and research, Myanmar Timber Enterprise and environmental
conservation.

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Environmental Conservation Department (ECD)
The Environmental Conservation Department 10 is one of the six departments
under the MOECAF is responsible for implementing the Environmental Conservation
Law for the integration of environmental consideration in the process of national
sustainable development. As well as, the ECD manages natural resources conservation
and the pollution control for the sustainable environment and cooperate with other
government organizations, private sectors and international organizations concerning
with environmental management. The ECD is connected to the Region and State-level
Environmental conservation section. This level of staffing has not yet been realized and
nearly half of the vacancies have not yet been filled. Due to the administrative setup, the
region and state level operate under the local government with some variations. Thus, the
ECD operates well below its expected capacity.
Fig 8. Role of Environmental Conservation Department in the ECL

The enhancement of Myanmars environmental policies and practice, the role of

the ECD is still important. The ECD has a potential duty to ensure coordination and
enhancing administration, although, due to the less power, the ECD compliantly related
to other actors to focus and adjust activities for improving implementation of ECL.
Likewise, due to the priority of publics agenda in Myanmar, governance practice is still
less in the environmental affair.
Regulation and Authorities in Implementation of ECL
The objectives of the ECL consist of the systematic integration of environmental
conservation in the sustainable development process, a healthy and clean environment,
and the conservation of cultural heritage and natural resources for the benefit of present
generations and future generations (ECL, 2012). It is also intended to provide a legal base
for the sustainable management of natural resources, international cooperation and the
protection of specific ecosystems. Due to the article 3 of ECL, It shall provide the
promotion of public awareness and cooperation in educational programmes for
distribution of environmental perception and conservation.
Some articles of the ECL illustrated the duties and powers of the NECC and the
MOECAF and they have roles in laying down and carrying out national environmental
policies, implementing international environmental agreements, setting environmental
standards, monitoring and enforcing pollution control, establishing financial mechanisms
for environmental management. The ECL is a framework law enabling coordination

10
The ECD was formed on 26th January 2012, it was allocated 156 officer posts and 247 staff posts,
totally 403 posts under the MOECAF

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between government, non-government organizations, international organizations,
voluntary groups as well as individuals in matters of environmental conservation.
Due to the chapter VIII of ECL, the MOECAF have a complementary role and
responsible for regulation and implementation with other authorities. The duties of
stakeholders that undertake activities carrying a risk of negative environmental impacts
are defined in the ECL. However, the MOECAF will need the approval of the NECC in
some cases. Within the MOECAF, the powers have been partly delegated to the
Environmental Conservation Department (ECD) as stipulated in the ECL as shown in Fig
9. The rules also recognize the Region or State ECD that may execute some of the duties
of the central ECD. In many activities, the formal decision-making power is mainly with
the MOECAF or NECC, but the preparatory and implementing duties are carried out by
the ECD. The challenging on the role of MOECAF and the ECD as the mixture of the
different types of tasks in the ECL. Therefore, the ECL has not yet become fully
operational and the relationship between different authorities is still in a conflict.
Fig 9. Duties and responsibility of environmental authorities on ECL
MOECAF
Articles
NECC

ECD
ECL

Category Duty &responsibility

6d,17 Coordination Sending suitable suggestions and encouragements relating to EC to the relevant Governemnt
18-19 & Cooperate with relevant departments and organizations on EC
18-19 Contribution Analysis and coordinate the work of other section (up & down) on EC
6g Laying down and carrying out NEP for conservation with the approval of Union Governmant
Environmental
policy planning

7k Negotiating international and regional agreements, programmes

International
7n Negotiating international and regional & Guidance on global environmental issues
corporation
7l Implementing international and regional agreements

Policy
7a-b Implementing EC policies, Planning and laying down NEMP or REMP workplan
implementation
7b,7i Implement, negotiate, monitor the detail programmmes of NEMP, REMP, ECL, ER,EIA
6c Accepting donations, grants, materials and technological aids from local and foreign for EC
8 Financing worksestablish and Environmental Management Fund for implementation of EC
Shall
8 MOECAF can delegate the ECD to manage the Environmental Management Fund
6d Suggest to enable to amend and insert the lessons on EC contained in school lessons
Environmental
21-25 Establish, inspection and enforcement the system of environmental permitting
Education
Dissemination of information and awareness, promotion public participation in EC
7d,10 Prescribing environmental quality standards (emissions,wastes, processes, products)
Environmental
7j Prescribing the terms and conditions for effluent treatment and emissions control processes
norm
38 Coordinate with relevant sectors regarding environmental standards, monitoring of compliance
6f Supervision Prohibiting the relevant Government and organizations if situations for enviromental damage arise
environmental
impact

Inspection &
21-25 Establish, inspection and enforcement the system of environmental permitting
Enforcement
6a, 7m Preparing the state of environment report and publishing, Issue environmental permits
Note: EC Enviromental Conservation, ECL Enviromental Conservation Law, ER Enviromental Rules, EIA Enviromental Impact
AssessmentNEP National enviromental Plan, NEMP National enviroment Management Plan, REMP Regional Envirment Management

Source: The ECL (2012).

Environmental management tool and Environmental Quality Standards

For supporting the implementing of ECL, EIA has been used as a tool for
environmental management and it is processing for evaluating a project proposal from

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physical and socio-economic environmental perspectives. The EIA aims to harmonize the
development activities with the environment and society (Jay, Jones, Slinn and Wood,
2007).
In 2015, the ECD formed Environmental Quality Standards (EQSs) 11 and
Environmental Impact Assessment (EIA)12 in 2015 to support the implementation of ECL.
The EIA system is one of the effective measures and it included the whole process of EIA
and Environmental Compliance Certificate (ECC). An Environmental Impact
Assessment Report and Environmental Management Plan (EMP) will be prepared based
on all results of the investigation and measure with the EQSs. The EIA report reviews
body which consists of members from relevant ministries and experts. Based on the
recommendations, the Minister of MOECAF makes a decision and the ECD issues an
Environmental Compliance Certificate (ECC) with necessary conditions to protect the
environment. However, due to the misunderstanding and misinterpreting about EIA and
EQSs, the ECD has been faced various difficulty in both assessment sector and
collaboration sectors with all actors in the realistic situation.

Fig 10. Environmental Quality Standards (EQS) in Myanmar

Source: the EQSs, 2015

Public participation, Coordination, collaboration in the Implementing of ECL

In Myanmar, Civil Society Organizations (CSOs)13 are obviously taking an active
interest in environmental governance. As well as, a number of both local and international
non-governmental organizations are also active in Myanmar. All actors have various
specific local interests including environmental education and general social development

11
ECD, national environmental quality (emission) guideline final draft, 2015
12
The first full-scale legal framework of EIA was established by "Environmental Assessment Procedure,
Notification No.616/2015" which came into force on 29th December, 2015.
13
Civil society organizations (CSOs) include religious groups, charity organizations, environmental
organizations, organizations of ethnic groups, and human rights organizations and business organizations.

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and they could make significant contributions to environmental governance in Myanmar.
Moreover, they are able to raise and collaborate for environmental awareness, provide
observations on the state of the environment, support community-based management of
natural resources and environmental monitoring (Chandler, 2014).
However, public participation is still competing in the process of implementing
the ECL as their different interests and conflicting for roles and powers. Especially, one
part of the implementation of ECL, the regulation of environment management and
environmental standards is still face several complains and arguments from the actors
even they contributed in that process. On the other hand, The ECD also difficult to
negotiate all public and private actors and for getting more positive effects because of the
lesser power and much responsible for implementation. Also, the transaction cost also
still high as the conventional regulation process and lack of capacity and resources such
as times, human resources, technology and so on.
Capacity and Resources
Every policy implementation needs financial authority and evaluation including
auditing. So, how budget commit in ECLs Implementation? Due to the law, the ECD
could sustain the finance for environmental conservation activities with the delegation of
the MOECAF by getting from government consolidated fund, the donation from domestic
and foreign donors, and support from International organizations, and contribution from
NGO. For instance, in 2013-2014 FY, The budget of ECD was 596 million kyats of the
current budget, 1380 million kyats of the capital budget and totally1976 million kyats
allocated for environmental conservation activities 14.
I mentioned above Fig 7, the ECD has limited institutional carrying capacity and
faced unique contributions and supporting from various actors to support environmental
conservation. However, the ECD could only under the instruction of the MOECAF and
the ministry also could not ignore the guideline of the both NECC and government
political leader.
In the case of non-statutory factors, some have been lacking in the process of
implementing the ECL. There are technology, Media attention to the problem, public, and
political support. The statistic of environmental information also heavily depending on
the international environmental organization and the ECD has less authority to direct
cooperating as their limited both institutional capacity and technical knowledge.
Evaluation
In the overall process of ECL implementation, the Myanmar environmental
governance still has some significant constraints such environmental information,
technical and expertise with environmental knowledge, financial condition, all-inclusive
coordination and participation, time limitation, less of decentralizing authority. The using
of command and control tools in environmental regulation, the Myanmar government are
directly involved and all the transaction are still low visible in the implementation of ECL.

14
National Comprehensive Development Project in Environmental Conservation Sector from 2011- 2012
to 2030-2031

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 In the process of implementation of ECL, most of the outcomes did not a direct
effect on the targeted area, populations, and stakeholders because of the misinterpretation
on the ECL. Even the ECD has some executive role in ECLs implementation, it takes
compliance way to support the governments strategies plan. Likewise, the ECD makes
some enforcement to other ministries and all public and private actors to get all-inclusive
coordination and participation but it only took back fewer effective outcomes due to the
governance practice and conventional regulation process.
In regulation and governance practice, the process of ECLs implementation has
been significantly related to the governments political reform especially in poverty
reduction, FDI for economic development and irrigation for agriculture. Within last 5
years, Myanmars government has been controlled all the industries including FDI and
small- medium enterprises to change from resource-based production to technically based
production and all these investments are potentially require EIA to support environmental
conservation. Even all the industry and enterprise have the Environmental Compliance
Certificate (ECC), they interest on their benefit is much higher than environmental
conservation.
In the environmental regulation, the ECL had been implemented by the legislative
decision to balance between goals and socio-economic considerations. However, it did
not have detailed information on firms production function. Goals and objectives are
general rather than specific. For regulation, the ECD need to finalize the regulatory
instruments by adjusting the thresholds for EIA activities and procedure with
administrative instruction and guidelines within a transition period. For achieving the EIA
assessment realistic, all relevant ministries and ECD need to create the integrated
procedure to support the coordination of environmental licensing and conservation.
The using of authority instruments, the ECL has being backed by the legitimate
authority of Myanmars government that examined the require action for environmental
conservation was under designated circumstances and most of the procedures and powers
widely separated within the hierarchical system of the Myanmars government. Due to
the role of ECD in the implementation of ECL, it is still has numerous weakness in both
executive and coordination roles as shown in Fig 11. For public participation, all the
actors such as state and regional level ECD, CSOs and INGOs need to develop guidelines
for public consultation and strengthening collaboration among them. Moreover, for
reducing public conflict, all the governmental actors necessity to emphasize on public
feedback for both reducing unsystematic public participation and improving public
consultation in the process.

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 Fig 11. Function of the relevant role and weakness

For public participation, many CSOs are not in a position to express opinions
when they hear about unappropriated projects, it relates to the environmental affair and
approved by environmental governance. Generally, public participation is much
formalized and it less to contribute in the implementation process of ECL. There is a need
to train government officials to work with local communities and lack of community
monitoring is a big problem. Furthermore, social platforms are needed to encourage
public participation by using appropriate channels and media.
Recommendation
According to the Environmental policy lecture, professor Lim argued that the
implementation settings of environmental policy are typically characterized by multi-
jurisdictional, multi-sectoral, multi-organizational collaborations/networks, where the
original goals may be reinterpreted to the local conditions and needs15. In Myanmars
case, successful ECL implementation is still difficult. At the national level, the ECD
should have more authority for both environmental regulation and corporation sector.
Some of the environmental conservation enforcement are definitely related to the other
ministries authority area such as forestry, mining, agriculture, coastal exploitation,
hydropower development, oil and gas exploitation, and urban development. The
supporting of awareness and guideline for environmental conservation and EIA should
be implemented on both related ministries and all others actors.
The necessary steps to meet the challenges, the ECD should find out due to their
authorities at different levels. For instance, the regional authorities should prepare
regional comprehensive environmental plans that systematize the information on
environmental conditions, main drivers and define environmental objectives at a regional
level. Such plans would provide baseline for sustainable development projects at a

15
Lim, S. (2016). Environmental Policy, issue in implementation, 15 November 2016. P.34

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regional level. On the other hand, monitoring and assessment are also needs to be
developed by using appropriate technical tools.
There is a need to create a learning process for developing EIA practice. Intensive
EIA capacity building is needed especially within ECD and all actors by supporting
distribution awareness and guideline to get more understanding and coherent
implementation of EIA. Moreover, INGOs should develop their coordination and
cooperation of technical assistance to ensure effective and coherent EIA capacity building.
In such implementation, the roles played by the collaborative organization is
critical and Informal coordination mechanisms will be developed both resources and
capacity of the policy actors and improved formal institutions (Arnold and Fleischman,
2013). Thus, to reduce transaction cost and to get a more positive effect, the key regulator
of environmental governance ECD need to use both informal and formal role in the
implementation process. For more public participation and to get outcomes, the
government should display better information and improve mutual trust with all the actors
and the involvement of the citizens and their preferences also could improve the capacity
of the institution.
Command-and-control tools/ instruments can be very effective when supporting
institutional capacity is available and it may forego cheaper ways to improve
environmental performance 16 .Thus, to improve institutional capacity both
environmental authorities and law enforcement should be strengthened, especially in
cases where administrative instruments are not enough to ensure compliance. Finally, we
still have some question on the implementation of ECL. What are the outcomes of the
implementation of ECL in the states and regions level? How does the political instability
influence in environmental governance in Myanmar?
Conclusion
In reality, todays solution are unlikely to work tomorrow in all environmental
cases as the rapidly changing global environment. Who are the current and potential
competitors and what might be effect by the outcome of the environmental governance
decision? Governmental actions should shake to affect environmental quality or the use
of natural resources. The solving of environmental problems still require joint actions by
all institutions and organizations. However, Implementation context is typically much
more complex than expected at the decision-making stage. The environmental
governance of Myanmar still tries to improve in negotiation and persuasion by reducing
command and control and improving collaboration between government and all public
and private actors. In the implementation process of ECL, meaningful involving all actors
such as political leadership, CSOs, interest groups, experts and the media are still
significantly affect the long-term environmental conservation process in Myanmar.

16
Lim, S. (2016). Environmental Policy, Course Outline, 4 October 2016. P.4

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