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International Consultant for Technical Assistance on Draft Model Investment Treaty and Responsible Investment
Procurement Process :RFP - Request for proposal
Office :UNDP Country Office - MYANMAR
Deadline :03-Mar-15
Posted on :20-Feb-15
Development Area :CONSULTANTS  CONSULTANTS
Reference Number :20758
Link to Atlas Project :
00074064 - Environmental Conservation & Use of Natural Resources
Documents :
Procurement Notice
Terms of Reference
Template for confirmation of Interest
P-11 for ICs
General Conditions of Contract
Overview :

UNDP Pillar II “Environmental Governance and Disaster Resilience” incorporates the UNDP-UNEP Poverty Environment Initiative (PEI) as part of its Environmental Governance Output. The objective of PEI in Myanmar is to support the Directorate of Investment and Company Administration (DICA) and related government agencies to manage and monitor investment in natural resources. Legal frameworks influence the quality of investments by creating space for inclusive deliberation on the models of investment worth pursuing, and by setting the terms and conditions for balancing the social, environmental and economic considerations at stake.

Myanmar’s national economy is presently dependent on heavy extractives, with oil and gas and mining representing around 40% of foreign investment (DICA 2014). Large natural resource projects can bring cleaner technologies and better management practices, but many have degraded the environment. Increased investment can create new livelihood opportunities that help reduce poverty, but if not done properly, can also dispossess poor people of their land and access to natural resources. Given the potential for both positive and negative outcomes, it is increasingly accepted that investment quality is critical in ensuring that foreign investment contributes to sustainable development (UNDP and UNEP, 2011). A variety of international principles and guidelines exist to support businesses and investors globally to engage in sustainable and responsible business practices (UN Guiding Principles on Business and Human Rights, IFC Performance Standards, OECD Guidelines for Multinational Enterprises).

International investment treaties (IITs) are an aspect of a country’s legal framework with a strong link to sustainable development, and therefore to environmental governance. IITs are concluded bilaterally or regionally/multilaterally with the aim of promoting FDI by nationals of one state into another state.  IITs have the potential to help governments balance multiple policy goals: protecting foreign investment while preserving policy space for the government to act in the public interest, such as protecting the environment and public health. IITs also constrain what governments can and cannot do within their jurisdiction.

During 2014, technical assistance was provided through UNDP Myanmar to the Directorate of Investment and Company Administration (DICA), which is the government focal point for IITs and the Union Attorney General’s Office (UAGO) which provides legal review and commentary across government, to develop a draft model IIT.

 UNDP Myanmar is now recruiting an international consultant to provide training on the use and limits of Myanmar’s draft model IIT and to support government to improve the legal context for sustainable responsible investment.