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Civil society from Myanmar and the European Union are calling for the suspension of negotiations for an investment protection agreement between the EU and Myanmar until the European Court of Justice has ruled on the compatibility of the controversial Investment Court System (ICS) dispute settlement mechanism, with the EU Treaties.
Ahead of the fourth round of negotiations on an Investment Protection Agreement (IPA), the undersigned civil society organisations call the attention of decision-makers to the dramatic consequences that the EU-Myanmar IPA could have on human rights, democratic decision making and peace building in Myanmar.
Myanmar is in a state in transition, that faces formidable challenges to build regulatory frameworks, including to protect the economic, social and cultural right of its people as well as its natural resources.
Inclusion of an investor-state dispute settlement mechanism in the EU-Myanmar IPA will seriously hamper any initiatives for equitable and sustainable development by laying Myanmar wide open to multimillion dollar law suits by foreign investors should the governments introduce new and tighter regulation to protect public health, access to water, access to public services, degradation of the environment and regulation supporting a sustainable peace in Myanmar.
Politicians in the EU have begun to question whether ICS as it is currently included in the EU’s trade and investment agreement doesn’t conflict with the founding Treaties of the EU. In the political debate surrounding the signing of the CETA agreement between the EU and Canada, the parliament of the Belgian region of Wallonia requested and obtained the concession that the compatibility of ICS with the European Treaties must now be judged by the European Court of Justice.
The undersigned organisations demand that the Investment Protection Agreement negotiations between the European Union and Myanmar be suspended until the European Court of Justice issues this crucial ruling.
Myanmar should not feel pressured to prematurely accept an IPA with far-reaching substantive investor protections and investor-state dispute settlement. There is no compelling reason for Myanmar to sign an investment treaty like the one proposed by the EU that will only serve to lock-in future policy space in Myanmar, space that is much needed to make Myanmar’s transition towards a more democratic, equitable and sustainable development a success. Investment protection agreements are not a key determinant for foreign investors when they decide to invest abroadi.
Alfred de Zayas, Independent expert on the promotion of a democratic and equitable international order appointed by the Human Rights Council of the UN, has gone as far as to recommend that states abolish the investor–state dispute settlement system altogether.ii
Further, in Myanmar, the substantive provisions the IPA offers to foreign investors are likely to interfere with EU-backed efforts to bring Myanmar’ legislation with regard to human rights, labour and environmental protection in line with customary international law and standards. In this respect, an EU-Myanmar IPA including an investor-state dispute settlement mechanism (ICS) contradicts the EU’s own principles on policy coherence for development.
Signed by:
Myanmar organisations :
Metta Development Foundation
Karen Environmental and Social Action Network (KESAN)
Paungku
Myanmar People Alliance
Danu Youth
Freethinkers
Developmental Justice Myanmar
Community Response Group (ComReG)
Ahlineain development organization
Youth for Social Change (Myanmar)
Myanmar Deaf Community Development Association – MDCDA
Shan State Peace Task Force
Shwechinthae Social Service Group (shwebo)
Natural Green Alliance
Sein Yaung So
Kanbawza youth library network
Mong Pan Youth Association
Andin youth organization
YPHN
Phoenix Association
Myanmar Youth Sociery Network
Sidoktayar Development Organization (SDO)
COM
Citizens' Rights Protection (Yangon)
Myaung Mya Youth Network
SHANAH
KGG Network (Kungyangon)
Lighthouse social development organization. Ayarwaddy
Lighthouse social development organization. Tha Bound
Youth Organization (TYO-YG)
chin National Youth Network (KNYN), Kachin State
KYO Kachin Youth Organization, Kachin State
Green wave environmental conservation networks. Ayarwaddy
Community Center
Chin Youth Network
KNGY (Kayan New Generation Youth),
Karenni Nationalities People's Liberation Front-Youth
State Women Network
Ta'ang Student Youth Union, Shan State
LAIN Technical Support Group, (Loikaw, Karenni)
Khun Tan Nwe PaOh Youth Network, Mon State
We Are Tai (Peace and Local Development Group)
Union of Karenni State Youth (UKSY) Karenni State , Loikaw
Social Vision Services
Tavoyan Youth Organization
Women For Women Foundation (WWF)Karenni
ThePLAN: Public Legal Aid Network
kayan new generation youth- KNGY
Nature Lover (Mandalay)
Rakhine Youth Generation (Rakhine State)
Third Eye Network (Mindat, Chin State)
Taungzalatt (Mindat, Chin State)
Shwe Bo Buddhist Youth (Shwe Bo, Sagaing), Aung Naing Aye
Mizzima Hnalonethat (Loikaw, Kayah)
Wet Nyo Nyo Tun (Moe Nyin, Kachin State)
SNOW OR DEW BUDDHIST YOUTH (SODBY)
Eco Wave CBO (Tahnintharyi), Beautiful Beach
Development Network (BBDN) Nga Yoke Kaung Tsp, Ayeyarwaddy
Kan Chay Arr Man fishery development Network Nga Yoke Kaung Tsp, Ayeyarwaddy
MATA (AYY) Pathein, Ayeyarwaddy
Pann Tai Shin regional development organization Maw Lamyine Kyun Tsp, Ayeyarwaddy
Shwe Hmaw Wun Kyauktan region Development org. Kyauktan, Yangon
Real image social development organization Bogalay, Ayeyarwaddy, Thein Than Oo
Our Lovely World (Taunggyi, Shan State)
Kun Gyan Gone Network, Kun Gyan Gone Tsp, Yangon
Naga Students and Youth Federation-Yangon
IFI Watch Myanmar, Yangon Division, Myanmar (Burma)
IFI Watch Kyun Su, Tanintharyi Division, Myanmar (Burma)
88 Generation Myeik, Kyun Su, Tanintharyi Division, Myanmar (Burma)
Green Network (Kyun Su)
Kyun Su, Tanintharyi Division, Myanmar (Burma)
Merguie Archipelago, Kyun Su, Tanintharyi Division, Myanmar (Burma)
Myanmar China Pipeline Watch Committee
Peace & Open Society (Kyaukse Township)
Myanmar Alliance for Transparency & Accountability (Mandalay Working Group),
Farmer Union (Kyaukse)
Bago MATA Working Groug
Bago Youth Network
Myat Won Thit Knowledge Society
The Gone Youth Network
Shwe Yeik Sit Environmental Group
Shwe Kyin Chit Thu Group
Maw GwunThit Network
Alin Theinta Group
Alin Saytaman Group
SDO
Myitmakha Watch
Kyaukyi Development Watch
East light
Sittaung Thansin Network
Kalyana Mitta Foundation (Yangon), Bo Bo Lwin
Wan Lark Development Foundation (Arakan)
Social Program Aid for Civic Education (Arakan)
Arakan Women Network (Arakan)
All Arakan Civil Society Organizations Partnership (Arakan)
AD 2030 Vision (Sittwe)
Tha Zin Ligeal Aid (Arakan)
Kyauk Phyu Social Network (Kyauk Phyu)
SKY youth (Kyauk Phyu)
Arakan National Network (Lay Daung)
Ah Linn Tager Library (Sittwe)
Environmental Protection Organization(Ponnagyun)
Environmental Protection Organization(Kyauktaw)
Environmental Protection Organization (Mrauk oo)
Airavati
Nagphe AWDO
Metta Lat Kan – Myeik (Tanintharyi)
POINT-Promotion Of Indigenous and Nature Together
Tha Pyu Chaine Youth Parahita (Tha Pyu Chaine-Thandwe)
Rammer Shwe Myae Parahita Association (Ram Bray)
May Yu Rin Thwe Social Association (Rathedaung)
New Generation Youth Association (Buthe Daung)
Ma Yu Kam Development Assocation (Rathedaung)
Independent Volunteers, PBDN, Yangon
DDA Dawei Development Association
DRA Dawei Research Association
Dawei Active Youth
Dawei Youth Fellowship
Community Sustainable Livelihood Development Committee
Dawei Farmer Union
Green Generation
Human Rights Watch - Dawei
DWF - Dawei Watch Foundation
Law Home Law Firm (Loikaw, Kayah State)
KPN Kachin Peace Network
Doh Myay Kun Yat / Land in our Hands Network
Sane Lann Pyin Oo Lwin
Maymyo Farmer Development network Pyin Oo Lwin
Open Data Myanmar
PoPP Pace on Peaceful Pleurism
Tontay Youth Network
Ayeyawady West Development Organization
Action Group for Farmer Affair- Mandalay
Action Group for Farmer Affair- Sagaing
Action Group for Farmer Affair-Bago
Action Group for Farmer Affair- Magway
Action Group for Farmer Affair-Ayeyawady
Action Group for Farmer Affair- Rakhine
Action Group for Farmer Affair-Northern Shan
Farmers Development and Environment Conservation Organization
Farmers And Landworkers Union (SHAN)
139. Pa-O Youth Organization (PYO)
Wunpawng Ninghtoi (WPN)
Chin Youth Network
KMSS
Zinlum Committee (Tamphae) Kachin
Kachin State Youth Network
Uakthon Local Social Development Organization
Peace and Justice (Kachin)
Kanpetlet Land Development Organization
K' Cho Land Development Organization
Golden Heard Organization
Democratic Education Coner(DEC)
Hin Thar Dagon Group ( Bago- Lappandan)
Yoma Chitthu Group
MATA ( Ayeyawady)
Min Hla Youth Network
Green Trust Pyin Oo Lwin
Human Rights Educators Network
United ACT
Equality Myanmar
Bedar Social Development Group
Right and Peace Organization (Kalay)
Alinn Bamaw Organization
Mwae Taung Area Development Group
Matupi Women Organization
88 Generation (Moenyin-Kachin)
Shwechinthae Farmers Network
Shwe Bo- Sagaing
Mar Ya Ja Organization
Myitkyina-Kachin
Bommazayya Social Development Asdociation
Green Light Organization
MATA (Mon)
Mon State CSOs Network
Local Development Network (Mon)
MATA (Shan)
Pyoe Khinn Thit Foundation (Maubin)
Mon State CSOs’ Network
Ye Social Society
BOBOWIN EMERGENCY RESCUE SERVICE
Mawlamyine Natural Disaster prevention and rescue organization (Mon state)
Bee Lin - Win Ka Village Ambulance association (Mon state)
Ka Mar Sai Social support organization (Mon state)
Mon state youth network
Mawlamyine youth association
Mawlamyine youth network
Future Light Youth (Mon state)
Nate Ban Shwe Pyi Youth Social association, Ka Tike Kye Village, Thahton (Mon state)
Bilin CSOs'network
Kan Let Youth Social organization - Kin Mon Chaung Village. Kyeikhto (Mon state)
Karen Peace Support Network
Farmers Network (Matehtilar District; Matehtilar, Tharsi, Wan Twin)
European and other Organisations :
Free Burma Campaign (South Africa) (FBC(SA))
Burma Link
U.S campaign for Burma
Progressive Voice
Swedish Burma Committee
Corporate Europe Observatory (CEO)
Society for Threatened Peoples
Seattle2Brussels network (S2B):
War on Want
Ecologistas en Acción (Spain)
Secours Catholique - Caritas France
Both ENDS
AITEC
Info Birmanie
Transnational Institute (TNI)
1 In 2010, the European Commission interviewed 300 European companies about the relevance of the treaties, and find out that only 10% had a working knowledge of investment treaties, 40% had some general awareness and 50% had no knowledge at all. European Commission, Survey of the Attitudes of the European Business Community to International Investment Rules, TN Sofres Consulting on behalf of European Commission DG Trade, 2000 http://trade.ec.europa.eu/doclib/html/111125.htm and http://trade.ec.europa.eu/doclib/html/111127.htmIn another survey of American multinationals (among Fortune 500), “the responses indicate a low level of familiarity with BITs, a pessimistic view of their ability to protect against adverse host state actions, and a low level of influence over FDI decisions” J Yackee (2011) Do Bilateral Investment Treaties Promote Foreign Direct Investment?, 51 Virginia J Int’l Law, p429 http://ssrn.com/abstract=1594887.
2 ‘UN Independent Expert Alfred de Zayas recommends abolishing current ISDS regime’, in: Investment Treaty News, International Istitute for Sustainable Development (IISD), November 26, 2015. https://www.iisd.org/itn/2015/11/26/un-independent-expert-alfred-de-zay…
3 Seattle2Brussels network (S2B) is a Europe-wide network of over 60 development, environment, human rights, women and farmers organisations, trade unions, social movements as well as research institutes.