This policy brief aims to highlight and analyze the impact of land cover changes to the socio-economic conditions of four villages in Bawlakhe District, Kayah State and its policy implications in Myanmar. The study area lies in the Thanlwin (Salween) River Basin, home to communities of various ethnic groups including the Kayah, Yintale and Shan, as well as being rich in biodiversity. These local communities heavily depend on this watershed area for most parts of their lives, including food, water, security, fuel and income. The main economy of the people in these areas depends on forest production, which is the major economy in Bawlakhe. Moreover, local people depend on subsistence farming, especially shifting cultivation which is practiced in these areas. Their livelihoods are still closely related to the environment and largely contribute to the local economy. This policy brief shares geographical research to describe the role of forest use in support of livelihoods for the communities in the study area.Declining fish stock and catches within the estuary and out at sea have had deep impacts on community livelihoods, ecology and socio-economics within last ten to forty years. Encouraging the reduction and management of the natural and anthropogenic threats might encourage specific ways to improve the fishery status of the estuary.Read More
The Thanlwin/Salween River originates in China, where it is known as the Nu (angry) River and flows south into Myanmar, then eventually Thailand. It meets with two rivers (namely the Gyine and Attran Rivers) at the point of Mawlamyine and together discharge into the sea (Gulf of Mottama) by two channels (namely the Mawlamyine and Dayebauk Rivers). These four Thanlwin tributaries are experiencing daily tidal intrusion and freshwater discharge, forming estuarine environments and habitats for varieties of fresh, brackish and marine creatures. The term estuary refers to a mixing body of fresh and sea waters. The Mon and Kayin ethnic groups are dominant around the estuary and the riparian communities largely depend on fisheries within the river tributaries as well as those out at sea for their livelihoods and survival.
Declining fish stock and catches within the estuary and out at sea have had deep impacts on community livelihoods, ecology and socio-economics within last ten to forty years. Encouraging the reduction and management of the natural and anthropogenic threats might encourage specific ways to improve the fishery status of the estuary.Read More
Kun Lone township, situated in Lashio District, Northern Shan State, Myanmar is home to various ethnic groups, namely the Kokant, Wa, Kachin, Larr hue, Bamar, and Shan. It is also home to various medicinal plants that are essential for traditional medicine practices. In developing countries, traditional medicine is perceived to be an important part of human health care (WHO, 2002). In Myanmar, health care has even been provided to the people with potent therapies of traditional medicines at Yangon Traditional Medicine Hospital, Mandalay traditional medicine hospital and Monywa Traditional Medicine hospital. Myanmar traditional medicine practitioners aim to give health care services to people in accordance with their traditions. This policy brief documents traditional ethnomedicine use and practices in Kun Lone township and suggests ways that traditional medicine can continue to provide health care benefits for the future.Read More
Myanmar is a developing country trying to follow in the footsteps of its neighboring countries, which are rather more developed than itself. The Myanmar Government wants to harness its natural resources and sees the rivers of the country as a national asset in acquiring regular revenue for the government. The decision to build many mega dams on the major rivers of the country such as the Irrawaddy, Salween and Sittaung rivers is considered a natural resource development. With their high energy needs, Myanmar’s two neighboring countries, China and Thailand, want cheap energy by importing hydropower from Myanmar.Read More
Gender-related issues figure high on global research and policy agendas, especially economic issues such as employment and development inequity between men and women. This research has identified gaps in employment opportunities between men and women and has also identified the related causes of gender inequity in terms of their employment opportunities. The results of this research culminate to contribute to raising awareness of the affected people in the reservoir resettlement area, particularly focusing on the role of women. The research emphasizes the changes in employment circumstances and prospects after resettlement, and compares the income of people before and after the transition.Read More
Watershed resources in the Shan state of Myanmar provide the base for livelihood security among rural populations, providing food, shelter, and medicine to regions where markets, clinics, and schools are scarce. Taungya, or shifting cultivation, utilizes the landscape as an agricultural mosaic of forest and upland fields.
The Thanlwin River, also known as the Salween, provides fish, crustaceans, and riverbank vegetables as food for village members; gold for currency; water for drinking and household needs; and power for micro-hydro generators.
This policy brief provides recommendations for hydropower developments, focusing particularly on the nexus of gender and hydropower development. In recent years, Myanmar has been moving towards market economy development with a tendency to extract natural resources in order to fuel economic growth. Hydropower is an example of how the government is meeting the demands of economic growth through electricity that benefits some at the expense of others. Gender is just one aspect among many that has been undermined in this process. It is recognized in Myanmar that women are important bearers of culture in society, often with a close relationship with the environment, but they have little recognition in society and have little decision making power when it comes to natural resource managementRead More
Following concerns raised by a coalition of Chinese environmental groups, scientists and policy makers including the Ministry of Environmental Protection (MEP), the 13 proposed mainstream dams on the Nu/Salween River have been under suspension since 2004. It is now very likely that the dam project will be cancelled given the plan’s lack of inclusion in China’s 13th five-year development plan and the announcement of a project to build national parks in the area in 2016. This is a positive development for those concerned about sustainable development in the Mekong Region, as well as an opportunity for concerned citizens, environmentalists and the Chinese authorities to work closer together to build a sustainable future for the Nu River in China as well as its residents upstream and downstream.Read More
The Salween River is valuable for the livelihoods and culture of millions of ethnic people living along it. Hatgyi Dam is one of the five dams that is planned to be built in Karen State, Myanmar. Situated in an armed conflict area, the dam is not only challenging the livelihoods and culture of the local people but is also being seriously affected by decades of violent conflict resulting in human rights violations and mass displacement of civilians. There are questions of community involvement in the decision-making processes regarding the dam project, and therefore a constructive response is needed for justice in water governance on the Salween River. Drawing from recent research on the Hatgyi Dam, this policy brief applies the concepts of "Rights" and "Rites" to examine community expectations and decision-making processes towards the project. The “Rights-Based Approach” is a formalized and legalistic approach normally recognized by the state, while the “Rites-Based Approach” is a locally defined natural resource management approach which is centered around cultural norms and local knowledge. The objective is to show how both approaches of “Rights and Rites" could help contribute towards inclusive decision-making and address concerns about injustice. The issue of justice is not yet fully considered in the current development policy agenda for water governance in Myanmar, and decision-making over the Salween dams to date has been highly centralized without community participation. Within the opportunities provided by Myanmar’s current political context, "Rights" and "Rites" approaches towards water governance policy in Myanmar could contribute positively towards inclusive decision-making in order to address the issue of justice in water governance for the Salween River.Read More
A comparative study on China’s and Myanmar’s approaches to environmental impact assessments (EIA) to hydropower projects shows that the Chinese EIA is weaker than the Myanmar EIA based on Myanmar’s EIA procedural rules of 2015 and other environmental laws and standards. These findings partially explain the not very successful Chinese investment in hydropower projects in Myanmar, which are argued to have important and often negative implications for both countries.Read More
National Human Rights Institutions as Arenas of Transboundary Water Justice: Evaluating case studies from the Mekong River
By Carl Middleton
Presented at International Conference on National Human Rights Mechanisms in Southeast Asia: Challenges of Protection, Asia Center, Bangkok, Thailand, 13 - 14 July 2017
In Southeast Asia, major transboundary rivers such as the Mekong River are central to the food security, livelihoods and culture of millions of people. An increasingly extensive program of large hydropower dam construction is underway in Laos and Cambodia to meet domestic electricity demand and for power export to neighboring Thailand, Vietnam and China. How the concept of justice in water governance should be understood and applied to transboundary rivers is increasingly the subject of critical analysis, including with regard to human rights-based approaches.
This paper examines how claims for justice on the Mekong Rivers around large hydropower dams have been made and framed within “arenas of water justice” in Southeast Asia, with a particular focus on mechanisms for extra-territorial obligations (ETOs) and the role of national human rights institutions (NHRIs) in Thailand. The research draws upon in-depth interviews and participatory observation with community representatives, civil society groups, NHRIs, government agencies and the ASEAN Intergovernmental Commission on Human Rights (AICHR) conducted during 2015 and 2016.
This paper discusses the roles, opportunities and challenges for public interest law and national/ regional human rights institutions to protect and promote human rights on transboundary rivers. It also discusses the strategies communities and civil society undertake in seeking to ensure their human rights are respected, including through national and regional human rights institutions. Overall, the paper argues that in recent years NHRIs have become important arenas of water justice in Southeast Asia for transboundary rivers, although also face limitations in particular regarding their authority to investigate cross-border cases and ultimately to hold domestic actors to account.
Cite this article as: Middleton, C. (2017) "National Human Rights Institutions as Arenas of Transboundary Water Justice: Evaluating case studies from the Mekong River" Paper presented at the International Conference on National Human Rights Mechanisms in Southeast Asia: Challenges of Protection, Asia Center, Bangkok, Thailand, 13 - 14 July 2017
 Center for Social Development Studies, Faculty of Political Science, Chulalongkorn University, Thailand. (Carl.Chulalongkorn@gmail.com)