Safeguard A
Principle A. REDD+ Policies and Measures in Myanmar should complement or be consistent with the objectives of national forest programmes and relevant international conventions and agreements
- The following set of national policies and programmes have been identified as key priorities in Myanmar, which REDD+ should align with and support where possible:
- National Forest Policy (1995) and National Forest Law (2018)
- Myanmar Climate Change Strategy and Master Plan (2018-2030) and Myanmar Climate Change Policy (2019)
- National Environmental Policy (2019) and Environmental Conservation Law (2012)
- National Land Use Policy (2016)
- National Biodiversity Strategy and Action Plan and Protection of Biodiversity and Protected Areas Law (2018)
- Myanmar Action Plan for Disaster Risk Reduction (2017)
- Myanmar Sustainable Development Plan (2018-2030)
- The Constitution of Myanmar (2008)
- National Strategic Plan for the Advancement of Women (2013-2022)
- Myanmar National Social Protection Strategic Plan (2014)
- Nationwide Ceasefire Agreement between the Government of the Republic of the Union of Myanmar and Ethnic Armed Organizations (2015)
- A number of coordinating processes and bodies are relevant to the alignment of REDD+ Policies and Measures (PaMs) with the objectives of other policies, programmes and international agreements:
- The National Environmental Conservation and Climate Change Central Committee (NE5C) provides guidance on national activities to tackle climate change issues, and manages and coordinates all climate change related activities, including the development of climate change related policies, strategies and action plans. The NE5C includes a Working Committee on Policies, Laws, Regulations and Standards, which works on policy formulation and review of existing laws and regulations; REDD+ falls under the purview of the Climate Change Mitigation and Adaption Working Committee.
- The REDD+ Task Force currently supervises the implementation of all REDD+ Readiness activities.
- The REDD+ Technical Working Groups (TWGs) support decisions on proposals and options in their topic area, and provide information/recommendations to the REDD+ Task Force.
- The National Land Use Council (NLUC) was established to implement the National Land Use Policy and related laws, with membership of the relevant Union Ministers and Chief Ministers of the Regions or States. The NLUC shall establish Land Use Committees and these shall play an important role in coordinating land use between various sectors.
- The Coastal Resources Management Central Committee guides the development and implementation of policies, strategies and regulations related to national-level integrated coastal resource management, supervises collection of information on coastal resources, and provides guidance on the development of an Integrated Coastal Resources Management Programme. This Committee is particularly relevant for REDD+ PaMs in coastal areas, such as mangrove forests.
- Other relevant cross-sectoral coordinating bodies that bring together government and non-government actors and guide policy development and implementation include the Environmental Sector Working Group and the Disaster Risk Reduction Working Group.
- The Basic Principles of the 2018 Forest Law are supportive of Principle A, as they state that the Law should be implemented in accordance with the government’s forestry and environmental conservation policy, as well as international agreements relating to the conservation of forests and of the environment (see Criterion A2). These principles should guide the work of all forest sector government institutions. The objectives of the 2018 Forest Law also include implementing policies related with forest, environment and natural resources, as well as International Agreements on climate change and disaster risk reduction.
- In 2019, the Supervising Committee for Consultation on Forest Rules at State and Region Levels was formed to reach the local level during the development of the new draft Forest Rules, with members from Forest Department and international and national NGOs.
- Each Ministry follows its own process to develop a strategy/policy and has responsibility to ensure alignment with other sectors. When laws and policies are submitted to the Cabinet for approval, there is also discussion if there are contradictions with other laws and policies. The Myanmar Development Assistance Policy (DAP, 2018) sets out procedures for the review and approval of development assistance, which requires the responsible government entities to ensure that the grant/loan is in line with the DAP, relevant sector plans, and consistent with/ complementary to other ongoing and planned initiatives.
- A number of processes and steps have been undertaken to date to ensure that the National REDD+ Strategy and PaMs are consistent with the objectives of key policies and programmes:
- Identification of priority national policies and programmes, and international agreements through the national safeguards clarification and in the final draft National REDD+ Strategy, and compilation of statements on their objectives, targets or goals.
- The establishment of coordinating bodies that played a key role during the development of the Strategy and the initial portfolio of PaMs, such as the REDD+ Task Force and TWGs.
- Cross-sectoral discussions on the Strategy and the PaMs have taken place within the TWGs, as well as with concerned ministries and expert focus groups, which has contributed to the alignment of the National REDD+ Strategy with the goals and concerns of various sectors.
- Consultations with stakeholders including ethnic groups have also been carried out at sub-national and national level as part of the PaMs development process.
- Final validation and approval of the National REDD+ Strategy through a national validation workshop and an online comment period, to be followed by approval of the Strategy by the REDD+ Taskforce, endorsement from the NE5C, and final submission to Cabinet by the Ministry of Natural Resources and Environmental Conservation (MONREC).
The Basic Principles of the Forest Law, even though they call for alignment of forestry and environmental conservation policies, are not sufficient to ensure that REDD+ PaMs are designed to be consistent with the objectives of priority programmes and policies, due to the lack of a specific operational mechanism, and because REDD+ PaMs outside of the forestry sector would not be covered by the Forest Law. Strategies are not normally formally reviewed for consistency or contradictions with other policies and laws, and not all the relevant coordinating bodies include representatives who should be consulted about alignment with REDD+. Myanmar’s legal framework around climate change also needs to be strengthened.
Recommendations to address these gaps include:
- The memberships of the coordinating bodies established for REDD+, such as the TWGs and Taskforce, should be assessed for the implementation phase of REDD+, to ensure that the sectors needed for proper cross-sectoral oversight of the PaMs are represented.
- Myanmar’s Safeguards Information System (SIS) should include indicators to track the contribution of REDD+ to a number of priority national policy objectives.
- Opportunities to strengthen Myanmar’s legal framework on climate change and coordination should be identified; for example, through the upcoming revision of the Environmental Conservation Law (2012), through the development of new climate change specific legislation, and/or through the upcoming revision of the Forest Law (2018).
Respect | Support to NBSAP | A1.1. Area (in ha) of protected areas (including community conserved areas) established through REDD+ PaMs, and proportion of national target for protected area coverage that is met through these areas |
A1.2. Area of priority sites for conservation where conservation measures are carried out through REDD+ PaMs | ||
A.1.3. Trends in biodiversity metrics on NFI plots within and outside of areas with site-based REDD+ interventions | ||
Support to National Climate Change Strategy and Master Plan 2018-2030, Myanmar Climate Change Policy (2019), and DRR Action Plan | A1.4. Trends in measures of township/district vulnerability in REDD+ areas | |
A1.5. Contribution of REDD+ GHG results to reducing emissions in Myanmar | ||
A1.6. Number of farmers receiving support through REDD+ PaMs related to agriculture | ||
Support for National Forest Policy | A1.7. Trends in area of forest extent | |
A1.8. Trends in area of Community Forests | ||
Support to MSDP | A1.9. Number of beneficiaries of sustainable/alternative livelihoods support through REDD+ | |
A1.10. Proportion of poor households in REDD+ implementation areas | ||
A1.11. Company/household in access to microfinance/credit through REDD+ | ||
A1.12. Trends in economic value of non-extractive forest use/functions | ||
A1.13. Trends in amount of revenues collected by states/regions from sales of timber and forest products | ||
National Land Use Policy (2016): | A1.14. Number of planning instruments (and/or area covered by) supported through REDD+ PaMs | |
A1.14. Area that has been declared as ICCA, community forests, and/or for which land use certificates have been issued, with REDD+ support | ||
National Environment Policy (2018) | A1.16. Support to impact assessment and associated capacity building provided through REDD+ | |
A1.17. Extent of priority areas for biodiversity, ecosystem services or environmental protection where conservation measures are carried out through REDD+ PaMs |
Criterion A2. REDD+ Policies and Measures in Myanmar should be designed and implemented so that they are consistent with the objectives of relevant international conventions and agreements, such as the CBD, UNCCD, UNFCCC, CITES, the Ramsar Convention, CEDAW, UNDRIP, UN Convention against Corruption, international policies and initiatives, such as the SDGs and FLEGT, as well as national strategies and plans for the implementation of these commitments.
- The following set of international conventions and commitments and their national implementation strategies have been identified as key priorities in Myanmar, which REDD+ should align with and support where possible:
- Convention on Biological Diversity (CBD)/National Biodiversity Strategy and Action Plan (NBSAP)
- United Nations Convention to Combat Desertification (UNCCD)/ National Action Program to Combat Land Degradation
- United Nations Framework Convention on Climate Change (UNFCCC) / Nationally Determined Contribution to Paris Agreement
- Convention on International Trade in Endangered Species (CITES)
- Ramsar Convention on Wetlands of International Importance
- The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) / National Strategic Plan for the Advancement of Women
- The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
- UN Convention on Social, Economic and Cultural Rights
- UN Convention against Corruption / Anti-Corruption Law (2013)
- Sustainable Development Goals (SDGs) / Myanmar Sustainable Development Plan (MSDP)
- Forest Law Enforcement, Governance and Trade (FLEGT) initiative
- Once the Government of Myanmar has ratified international conventions and agreements, their content is incorporated into relevant domestic laws. Focal ministries for the respective international agreements are responsible for this process.
- As described under Criterion A1, the 2018 Forest Law supports implementation of PaMs within the forest sector in accordance with international agreements relating to the conservation and management of forests. In addition, the objectives of the 2018 Forest Law include alignment with international agreements when implementing programmes related to forest conservation, natural resources and environmental conservation, and climate change and disaster risk reduction.
A number of coordinating bodies have already been formed that can not only help to ensure consistency of REDD+ PaMs with national policies and their objectives, but can also play a role in coordinating REDD+ with Myanmar’s international commitments (see Criterion A1).
See Criterion A1 for a description of processes to support consistency of the National REDD+ Strategy with national policies and programmes, and international commitments. In particular, the final draft Strategy includes an analysis of how REDD+ can support key international commitments in Myanmar’s Nationally Determined Contribution to the Paris Agreement, and the Sustainable Development Goals (SDGs).
- See measures identified under Criterion A1 regarding membership of REDD+ coordinating bodies.
- Myanmar’s SIS should include indicators to track the contribution of REDD+ to a number of priority international commitments and the respective national policy instruments. The National REDD+ Strategy includes proposed PaMs aimed at improving the legal framework and promoting the recognition of rights to land and resources; in addition, instruments such as the Free, Prior and Informed Consent (FPIC) process and Grievance Redress Mechanism (GRM) can further ensure that the safeguards are addressed and respected in line with international agreements (see also Principle C).
Respect | Support to NDC & UNCCD: | A2.1. Area of forest land restored/reforested through REDD+ PaMs, and proportion of national target for forest restoration targets met through this |
A2.2. REDD+ results in terms of contribution to reduction of emissions | ||
Support to CBD, CITES, RAMSAR: | A2.3. Link to NBSAP indicators under A1 | |
A2.4. Proportion and area of Ramsar sites (and or ASEAN/nationally recognized wetlands sites) which receive added protection through site-based REDD+ measures | ||
A2.5. Area of mangroves restored/reforested through REDD+ PaMs | ||
A2.6. Trends in abundance of key commercially used tree species present in forest (via NFI) | ||
A2.7. Number of border control operations/activities among local government, communities and with neighboring countries supported through REDD+ | ||
CEDAW / National Strategic Plan for the Advancement of Women: | A2.8. Number of gender-responsive extension services established | |
A2.9. Link to Safeguard D indicators on participation of women in REDD+ | ||
UNDRIP and UN Convention on Social, Cultural and Economic Rights: | A2.10. Link to indicators on recognition of community/IP land rights (Criterion C2) | |
A2.11 Link to indicators on cultural heritage (Criterion C3) | ||
A2.12. Link to Safeguard D indicators on participation of indigenous people/ethnic groups in REDD+ | ||
UN Convention against Corruption / National Anti-Corruption Law: | A2.13. Link to Principle B indicators on transparency | |
A2.14. Number of transparency, reporting and/or anti-corruption actions supported through REDD+ | ||
SDGs / MSDP: | A2.15. SDG 1 (no poverty – link to MSDP indicators under A1); SDG 5 (gender equality – link to CEDAW indicators above); SDG 13 (climate action – link to NDC indicator above and to Climate Change Strategy indicators under A1); SDG 15 (life on land – link to NBSAP indicators under A1) | |
FLEGT: | A2.17. Number of trade agreements concluded for legally produced timber and/or sustainable supply plans produced | |
A2.18. Link to indicator on border control operations (A2.7) |