6.
The UN Guiding Principles on Business and Human Rights (“the Guiding Principles” or “UNGP”)
Safeguard policies of international financial institutions, IFC Performance Standards and Environmental, Health and Safety (EHS) Guidelines
The OECD Guidelines on Multinational Enterprises (which apply to companies domiciled in an OECD or MNE declaration adherent country and operating in Myanmar)
The UN Global Compact: based on the same core international standards as others, but does not provide as specific guidance so less reference is made to it.
53.
4 break-out groups
Group 1: Tourism in Ethnic Areas / Culture
Group 2: Stakeholder engagement/ land and hotel zones/ destination management
Group 3: Environment
Group 4: Labour/Sex Tourism/Children
In each group:
Discuss suggested suggested actions on these specific items and provide critical input
Discuss scope for in-country multistakeholder initiatives
Provide updates on ongoing processes and initiatives
Indicate where your interest lies
Report back to plenary
55.
To ensure that individuals and communities’ voices are heard during planning of tourism development
To ensure relevant information on tourism projects is shared with communities and other (affected) stakeholders
To ensure that tourism revenue benefits the Myanmar population, and in particular the communities in tourism destinations
To ensure that an effective ESIA process is in place for tourism projects
To ensure that social investment programmes are developed in collaboration with communities
56.
Proactively invest time in ongoing and meaningful engagement with communities, workers and other stakeholders involved in tourism development, include where E(S)IAs are required
Ensure that women are consulted and can participate in decision-making processes and have equal access to employment opportunities
Develop operational level grievance mechanisms for communities and workers that provide accessible, effective processes to address and resolve concerns related to tourism projects
Promote employment for local communities in the tourism sector through education & vocational training programmes accessible for all, assistance & empowerment of SMEs and promotion of local sourcing of goods and services
Develop social investment programmes in tourism destinations in collaboration with communities, based on their needs
58.
To ensure protection of land owners and land users whose land is or will be acquired for tourism development
To ensure that land acquisition processes (including resettlement) for hotel zones follow international standards
To avoid conflicts between communities and businesses over legacy issues related to land acquisition and compensation
59. Conduct Strategic Environmental Assessments of hotel zones in main tourism destinations to assess potential impacts on communities
Establish clarity for tourism businesses and communities around process and legal basis for:
voluntary and involuntary land acquisition by the government and tourism businesses
rules and compensation rates for land, housing, crops, other assets and for access to assets
When land is expropriated, compensate for both physical and economic displacement, preferably with alternative land
Practice transparency regarding hotel permits, and land concessions, as well as negotiations around land acquisition and compensation
Apply international standards for EIA and involuntary acquisition and resettlement until the land law and policy framework is clarified and improved.
60.
Carry out enhanced due diligence, with particular attention to legacy and potential conflict issues
Conduct investigation field visits and react to complaints related to tourism development (land confiscation, inadequate compensation)
Provide an access to judicial review for people affected by involuntary land acquisition or inadequate compensation
Provide for return of unused land to owners which has been acquired for tourism purposes
62.
To build capacity to assess and address the cumulative impacts of tourism in Myanmar’s main destinations
To ensure appropriate planning of relevant public services at a regional level
To prevent water scarcity and other negative impacts due to tourism development by multiple users
63. •Build the capacity of regional governments
to address cumulative social and environmental impacts related to the tourism sector
On good resettlement practices
•Include responsibilities of Regions and States regarding regional tourism planning in the revision of the Tourism Law
•Carry out Strategic Environmental Assessments for hotel zones in key tourism destinations to assess actual and potential impacts at the regional level, which can then inform individual tourism projects
•Undertake transparent regional and township level water use and waste management planning related to tourism development
65.
To ensure that tourism development in ethnic minority areas proceeds at a pace supported by the majority of ethnic minority stakeholders
To ensure that stakeholders in ethnic minority areas are consulted, and can participate in tourism development
To ensure that ethnic minority areas economically benefit from tourism development
66.
Consult with communities and in their local language regarding tourism development, taking into account appropriate timing of tourism development and needs of communities
Consult also with non-state armed groups
Take active measures to ensure local ethnic minority communities benefit economically from tourism
Raise tourist awareness about, and encourage respect for, Myanmar’s diversity when traveling in ethnic minority areas
68.
To ensure that the Myanmar culture, tradition and religion is respected by foreign tourism businesses and visitors
To ensure that the Myanmar culture, tradition and religion is promoted by the government and local tourism industry
To ensure that the privacy of local communities is respected
69. •
Require tourism business to protect cultural heritage according to IFC Performance Standards
•
Consult and assess whether tourism is welcomed by the local population; respect privacy of local communities
•
Raise awareness amongst foreign tourism businesses and visitors about culturally appropriate behavior
•
Promote Myanmar culture, traditions and religion through tourism, e.g. supporting local handicrafts
71.
To address current gaps in the legal framework of environmental controls and bring them in line with international standards
To build corresponding government capacity
To ensure that there is a contractual requirement for environmental compliance by tourism businesses that provides a basis for liability for environmental damage
To ensure that visitors respect the environment
72.
Develop national environmental standards and guidelines for the tourism sector. Until then, use IFC Performance Standards and Environment Health and Safety Guidelines
Develop regional water use and waste management plans in key tourism destinations
Ensure that the Myanmar National Water Framework Directive (MNWFD) being developed by the National Water Resources Committee (NWRC) specifically addresses the tourism sector
Raise awareness amongst tourists regarding environmental practices such as waste disposal
74.
To ensure that forthcoming labour law and practice is in line with the ILO Core Labour Standards
To ensure that international health & safety standards are applied consistently
To protect workers from exploitation in the tourism industry and its supply chain, including temporary & (internal) migrant workers
75.
Apply relevant international standards in the tourism industry in the absence of updated national standards on health & safety
o
Many Myanmar labour laws are being updated. International standards provide a solid basis for sound worker-management relationships that respect the rights of workers
o
Given the vulnerability of day labourers, temporary and migrant workers, pay particular attention to the contract conditions for these workers when engaging them directly or through business partners
o
Promote gender equality
Provide training on workers in the tourism sector and supply chain on labour rights and health and safety
Support freedom of association and provide an operational level grievance mechanism for workers and their organisations to raise workplace concerns
77.
To prevent Myanmar following in the footsteps of its neighbours of becoming a sex tourism destination
78.
Implement laws to protect women and men from sexual exploitation
Raise awareness among tourists about laws relating to prostitution in Myanmar
Include reference to the prohibition of child sex tourism in relevant laws
Develop a National Action Plan against Child (Sexual) Exploitation
Raise awareness of police, magistrates, communities, village heads about the illegality of child sex tourism and on how to recognize and act when child sex tourism is discovered
Promote adherence to The Code of Conduct for the protection of children from sexual exploitation in travel and tourism;
80.
To address the exploitation of children linked to the tourism industry and its supply chain
To ensure that tourism business respect and promote children’s rights
81.
Promote the Children’s Rights and Business Principles amongst tourism businesses
Develop business Code of Conduct which includes a clause on prohibition of child labour in accordance with international standards
Collaborate with local and international organizations working on the issue of child labour when child labour is discovered in the tourism supply chain
Raise awareness of tourists about tourism and child exploitation (e.g. orphanage tourism, voluntourism, child begging) and provide do’s and don’ts
83.
Set up a tourism industry/CSOs working group to share responsible practices and lessons learnt regarding environmental, social and human rights issues
Enhance regional cooperation on responsible tourism and share best practices and lessons learnt