Investment protection treaties endanger democratic reform and peace initiatives in Myanmar

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"In the volatile and fragile context of Myanmar?s nascent democratic reform, investment protection treaties must not be allowed to negatively affect processes that would make Myanmar more peaceful and democratic...Following a reform process initiated by the previous military-backed government of President Thein Sein, there has been great interest among international governments and the business sector to promote foreign investment and trade with Myanmar. This momentum has been furthered by the subsequent endorsement by the country?s democracy leader Aung San Suu Kyi for the West to drop most of its economic sanctions. In order to facilitate this relationship, Western and Asian governments have pushed Myanmar to sign so-called ?investment protection treaties”. While the Myanmar military government had signed investment protection treaties with China and India, since 2013 new treaties were signed with Japan and South Korea. Currently, now led by Aung San Suu Kyi?s National League for Democracy, the Myanmar government is negotiating an investment protection agreement (IPA) with the European Union (EU). There is also an investment protection clause in the Regional Comprehensive Economic Partnership (RCEP). This is a proposed Free Trade Agreement (FTA) between the ASEAN member states and Australia, China, India, Japan, South Korea and New Zealand. While the benefits of signing investment protection agreements are highly overstated, the risks are seriously underestimated, and they could have major negative impacts on democratic development and sustainable peace in Myanmar. When signing these treaties, governments give away their sovereign right to regulate in the interest of the people and the environment, and they expose themselves to expensive lawsuits. The incentives offered to foreign investors come at a high price, depriving countries like Myanmar of the necessary policy space to harness investment to serve sustainable development and peace. Under the provisions of the investment protection agreements, foreign investors can challenge almost any government intervention if they consider that it will affect its current or future profits..."

Creator/author: 

Pietje Vervest

Source/publisher: 

Transnational Institute (TNI)

Date of Publication: 

2016-10-17

Date of entry: 

2016-10-18

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  • Individual Documents

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Language: 

English

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