Principle B Image
Safeguard B
Principle B. REDD+ Policies and Measures in Myanmar should support transparent and effective national forest governance structures, taking into account national legislation and sovereignty
Criterion B1. REDD+ Policies and Measures in Myanmar should be implemented in a transparent manner; this means that decisions relating to the selection and location of activities, the involvement of stakeholders and the distribution of benefits and burdens should be based on clear criteria and well documented, financial accountability should be ensured, and comprehensive information should be made available to stakeholders in an appropriate form during planning and implementation. The types of information that should be shared include information on: the planned measures (objective, expected impact, benefits, funds, activities, risk reduction measures, etc.); existing land use and expected change; relevant PLRs; general information on the REDD+ concept; and information on complaints and feedback mechanisms. It is the duty of the organization responsible for the REDD+ Policy or Measure to ensure that the information is made publicly available.
- A number of Myanmar laws contain requirements on making specific types of information on management of public land and forest available, including the Land and Revenue Act (1879) (noting that a new Land Acquisition, Resettlement and Rehabilitation Law has been drafted and submitted to Cabinet for approval). Stakeholders can also request information, for example, from the Land Records Department on the status of land (including maps) in which they have a recognized interest. The National Land Use Policy (NLUP) (2016) stipulates that all individuals, communities and organizations should have equal rights to access accurate and complete information related to land, and the One Map Myanmar initiative has been tasked with the development of a unified land data management system to enable this. The Ethnic Rights Protection Law (2015) and its accompanying Rules (2019) also include a provision that investors have to explain their project activities to communities.
- The global UN-REDD Programme’s FPIC Guidelines, which are informing the development of national FPIC guidelines, state that the details of planned developments that will affect local communities must be shared. Project proponents, governments, and private investors are obliged to provide communities with access to independent advice, and where necessary, to help the communities find the ways and means to pay for such advice.
- A Phase 1 REDD+ Communications Strategy was developed by the Myanmar UN-REDD Programme, and a revised Strategy covering Phases 2 and 3 was endorsed by the National REDD+ Taskforce in early 2019. The strategy will support the sharing of knowledge generated during REDD+ implementation among partners and key stakeholders and facilitate informing decision-making on national REDD+ implementation.
- Policies, laws and regulations that address corruption include the Anti-Corruption Law (2013), which establishes the Anti-Corruption Commission; the Commission refers small corruption cases to concerned line ministries to assess the cases internally. Corruption Protection Units (CPUs) have been set up in 18 ministries at the national level. At State/Region level, small ad-hoc anti-corruption committees are formed to investigate suspected cases. A draft Law on Public Procurement and Assets Disposal is currently being considered by Cabinet. The Forest Law (2018) also makes provision for legal prosecution of any forestry staff members engaged in corruption or breaking the law.
- Myanmar is currently exploring the possibility of negotiating a Voluntary Partnership Agreement (VPA) under the EU initiative on Forest Law Enforcement, Governance and Trade (FLEGT). VPAs are legally binding agreements that aim to guarantee that wood exported to the EU comes from legal sources and to help partner countries stop illegal logging by improving forest governance and regulation.
- Several proposed REDD+ Policies and Measures (PaMs) also aim to increase transparency and support legal sustainable supply chains.
- Procedural requirements supporting accountability exist in relation to the granting of licenses for the extraction of forest products by commercial enterprises (under the Forest Law, 2018), on approving changes in the status of land for the benefit of foreign investors (e.g. in order to allow conversion, under the Investment Rules, 2017), on due process relating to land conversion (under the 2018 Law Amending the Vacant, Fallow and Virgin (VFV) Lands Management Law and the 2012 Farmland Law), and on conducting environmental impact assessments (EIA Procedure, 2015).
- Community Forest User Groups can have their use certificate revoked if they fail to comply with the Forest Law (2018), with the rules and obligations set out in their management plan, or with their duties on record-keeping and reporting.
- The administration of REDD+ implementation in Myanmar is required to follow existing financial reporting regulations; all ministries must comply with the Regulation on Financial Management (2017), as well as the Annual National Planning Law and the Annual Union Budget Law for each financial year. A REDD+ financial management system is under development, using a combined and phased approach that includes public budget and a multi-donor programme fund at the beginning; this would later transition to a combined model utilizing the Environment Management Fund (EMF) and the Myanmar Biodiversity Foundation (MBF) to manage results-based payments. Both these funds are under development.
- National Guidelines on FPIC have been drafted and piloted in Mon State.
- See Criterion D1 for more information on the development of the National REDD+ Strategy, including associated information sharing. REDD+ materials such as posters, bookstands, infographics, brochures, and policy briefs have been distributed during the Readiness Phase, and the national Myanmar REDD+ website and Facebook page were established as a means for information sharing.
Implementation of the NLUP has been constrained by capacity limitations and Subnational Land Use Committees have yet to be fully established. In addition, decision-making processes for how ‘Vacant, Fallow and Virgin’ (VFV) lands are allocated to new uses are currently unclear. Stakeholders also note challenges related to boundaries and definitions for land types. The legal framework on information provision only applies to some specified types of information, and does not cover all information needs related to the transparent planning and implementation of REDD+. In addition, the provision of information about REDD+ PaMs to stakeholders must consider the form in which information is provided, e.g. languages, technology.The Anti-Corruption Commission is the main body with a mandate to assess and act on corruption risks, but it may be challenging to address corruption risks at the level of individual REDD+ PaMs. Strengthened law enforcement efforts may aslo disproportionately target or affect poor and vulnerable people.
Recommendations to address these gaps include:
- Clear, comprehensive guidelines on the FPIC process for REDD+ PaMs will help to ensure that decisions relating to the selection and location of activities, the involvement of stakeholders, and the distribution of benefits and burdens are based on clear criteria, are well documented, and are communicated transparently
- Guidance for the agencies that will be implementing REDD+ PaMs is to be developed so that they are aware of and are able to meet their obligations in terms of transparent decision making and information sharing, and equitable the planning and implementation processes.
- The development of a law supporting the rights of citizens to access information should be considered.
| Respect | B1.1 Percentage of REDD+ PaMs for which compliance with key transparency requirements has been documented |
| B1.2 Number of received and number of resolved grievances relating to transparency in the implementation of REDD+ PaMs |
Criterion B2. Where applicable, REDD+ Policies and Measures should include actions that strengthen transparency, accountability and rule of law in forest governance, including in relation to forestry operations, land use planning and management planning, awarding of concessions, and application of legal requirements such as EIA and SEA.
- Forestry operations in Myanmar are governed by a number of policies, laws and regulations, including the State Forest Policy (1995), the Forest Law (2018), the Community Forestry Instructions (2019), and recent logging bans (e.g. a 10-year ban on logging in the Bago Mountain Range), as well as numerous standard operating procedures. Legally sourced timber is harvested from areas with state-issued harvesting licenses, and can include production forests under state management, private plantations, and community forests. The Forest Department sets an ‘annual allowable cut’ each year and develops 10-year district forest management plans, and is responsible for issuing logging permits.
- The Forest Law Enforcement, Governance and Trade (FLEGT) initiative also aims to improve transparency and accountability in the forestry sector. An Interim Task Force (ITF) and Multi-Stakeholder Groups (MSGs) at national and State/Region levels have been established, and a FLEGT Plan prepared. Consultations have occurred at national, State and regional levels regarding the FLEGT Voluntary Partnership Agreement (VPA) process.
- The final draft National REDD+ Strategy aims to ensure sustainable forest management through improvements to the regulatory framework and practices, advocacy, awareness raising and on-going training. The Strategy also recommends supporting the development of systems and controls ensuring long-term sustainable forest management, so that “emergency” measures such as logging bans are not required.
- Many different laws govern land management in Myanmar, and responsibilities are divided among a number of ministries. The National Land Use Policy (2016) aims to harmonize existing laws and plans, and governs land use planning. The Land Acquisition Act (1894) / new draft Land Acquisition, Resettlement and Rehabilitation Law, the Law Amending the Vacant, Fallow and Virgin (VFV) Lands Management Law (2018) and the Farmland Law (2012) are also relevant for land use planning (see also Criterion B1 and B4).
- The National Land Use Policy (2016) sets out requirements for stakeholder feedback and environmental-social impact assessment (ESIA) for land concessions, and notes matters that are to be addressed by a future National Land Law and land administration system (such as maximum size limits for land leases and approaches for the resolution of disputes over land rights). A National Land Law is under preparation.
- The Law Amending the VFV Lands Management Law (2018) states that the Central VFV Lands Management Committee may issue permission to cultivate or utilize vacant, fallow and virgin lands for business purposes, including for domestic and foreign investors, for periods of 30-70 years. Citizens, private investors, farmers, government entities and NGOs can apply to lease VFV lands for agricultural development, mining and other permitted purposes through long-term leases on state land.
- The Myanmar Investment Commission, according to the Investment Law (2016), may grant permits to investors; investors who have obtained the appropriate permit may obtain a long-term land lease from private owners and/or the government.
- Environmental Impact Assessment (EIA) in Myanmar has its legal basis in the Environmental Conservation Law (2012) and Environmental Conservation Rules (2014), and is implemented in accordance with the Environmental Impact Assessment Procedure (2015). Initial Environmental Examinations (IEEs) and/or EIAs are required for all projects and project expansions with the potential for adverse impacts. Projects are first submitted to the Ministry of Natural Resources and Environmental Conservation (MONREC) for screening to determine whether an IEE or full EIA is required, and whether an Environmental Management Plan (EMP) is needed. It is anticipated that many types of REDD+ interventions shall require screening and some may require IEE/EIA.
- The EIA Procedure (2015) also covers cumulative impact assessment and Strategic Environmental Assessment (SEA). MONREC may require that policies, strategies, development plans, frameworks and programs be screened in accordance with SEA guidelines and those with potentially significant impacts may be required to assess and mitigate these impacts. As of 2019, more than 301 EIA reports and 528 IEE reports have been received to date. Capacity building on SEAs is being carried out and one SEA report for a hydropower project has been received.
- The National REDD+ Strategy include proposed actions that strengthen transparency, accountability and rule of law in forestry operations, and capacity building for EIA/IEE.
The division of responsibilities between the Forest Department, the Myanmar Timber Enterprise (MTE) and sub-contractors has contributed to overexploitation of logging areas in the past. A lack of staff and equipment to enforce relevant regulations has also been identified as a challenge. There are challenges related to the implementation of the EIA/SEA process, such as staffing and capacity constraints, and appropriate public participation processes. There is also a widespread misconception that social and health-related aspects are not covered in the EIA Procedure. Guidelines on public participation in EIA have been drafted but are yet to be adopted; although SEA is covered in the EIA Procedure (2015), no specific guidance on conducting SEAs is currently available.
Recommendations to address these gaps include:
- Identified REDD+ PaMs to strengthen transparency, accountability and rule of law in forestry operations, and EIA/IEE will require monitoring; the SIS should also include indicators to track priority contributions to transparency, accountability and rule of law in these areas.
- Guidance to be developed for REDD+ implementing agencies shall cover relevant obligations and procedures related to IEE/EIA/SEA.
| Address | B2.1. Number of REDD+ PaMs (out of the total number of PaMs) that are designed to contribute to transparency, accountability and rule of law in forest governance, including in relation to: – forestry operations – management planning – land use planning – EIA, IEE and SEA |
| Respect | B2.2. Number and increase in successful application of appropriate legal action and penalties against legal infractions in the forest sector |
| B2.3. Link to indicator on planning instruments (B3.3) |
Criterion B3. REDD+ Policies and Measures should strengthen coordination on policies and plans related to land use across sectors, between different levels of government and across borders / with EAOs, including by fully operationalizing existing coordination bodies, making sure that social and environmental objectives are given adequate weight in the process.
- REDD+ specific coordination bodies, such as the REDD+ Taskforce and Technical Working Groups (TWGs), include members from different government departments and organizations in order to strengthen cross-sectoral coordination (see also Criterion A1). In addition, the National REDD+ Strategy anticipates the establishment of State/Region coordination committees, including seats for representatives of Ethnic Armed Organizations (EAOs). A number of proposed REDD+ PaMs seek to improve planning and coordination, including coordination with EAOs and other stakeholders.
- Different categories of land in Myanmar come under the authority of different ministries and are governed by different policies, laws and regulations, including the Farmland Law (2012, and the Law Amending the Vacant, Fallow and Virgin (VFV) Lands Management Law (2018). Bodies such as the Central Management Committee for VFV Lands include representatives from relevant departments and play a role in coordinating land policies.
- The National Land Use Policy (2016) established the National Land Use Council (NLUC), which has a coordinating role and aims to work towards harmonizing the legal framework on land use and the classification of land. The NLUC is responsible for monitoring implementation of the National Land Use Policy, including considering whether environmental and social impact assessment is being applied and preventing illegal land confiscation.
- For coastal areas (where coordination in relation to the protection and management of mangrove forests is a key issue), initial steps have been taken to develop a strategy for marine spatial planning, and a National Coastal and Marine Resources Management Committee has been set up(see Criterion A1 for more information).
- At the sub-national level, State/Regional Land Use Committees have yet to be established, though other committees exist at these levels (e.g. VFV and farmland related committees), and according to the Investment Rules (2017), duties relating to the authorization of land rights can be assigned to a State or Regional Committee. Existing Township Planning and Implementation Committees (TPICs)/Township Management Committees (TMCs) are chaired by General Administrative Departments (GADs), while Forest Departments will continue to lead the development of District Forest Management Plans.
- A number of bodies linked to ethnic groups, including EAOs also play a role in coordinating policies on land and forest management. The National Ceasefire Agreement (NCA) states that projects or programmes for environmental conservation, peace and stability, and the maintenance of rule of law in relevant areas will be carried out through consultation among the respective bodies. The Joint Ceasefire Monitoring Committee aims to coordinate the parties’ compliance with the agreement, and comprises a nationwide joint ceasefire monitoring committee, state-level joint ceasefire monitoring committees, local-level joint ceasefire monitoring committees, and verification teams. Under the Union Peace Dialogue Joint Committee (UPDJC), a working committee on ‘Policies on Land and Environmental Affairs’ involves representatives from EAOs, the Tatmadaw, Hluttaw, political parties and Ministry of Planning and Finance; this can support better coordination on land and environmental policies. A working group on land and environment for EAOs that are NCA signatories (NCA-S) has also been established.
- Proposed REDD+ PaMs have been designed to support improved planning and coordination, as noted above. Information on how this criterion is respected during implementation is not yet available.
There are multiple institutions and regulations governing land use and land use planning, including the existence of multiple committees at Township level, separate processes for land use planning and forest management planning, and the existence of parallel land management systems in areas controlled by EAOs. Myanmar is also currently undergoing a transition towards more devolved governance, and some responsibilities have been delegated to state or region level governments, with implications for the clear separation of roles and responsibilities over natural resources. There are few explicit requirements in the legal framework and in the mandates of coordinating bodies to consider social and environmental objectives related to forest and land use planning.
Recommendations to address these challenges include:
- The planning and implementation of REDD+ PaMs that support improved planning and coordination with EAOs should promote the consideration of social and environmental objectives, e.g. through appropriate assessment and FPIC processes, ensuring adequate involvement of relevant stakeholders and experts.
- Support provided to local level planning processes should seek to ensure that sectoral plans, e.g. for forest, land use,etc are aligned.
- In the future, the National REDD+ Programme may consider developing an action plan/action plans on REDD+ cooperation with EAOs, to set out and guide joint activities.
- Terms of reference and membership of REDD+ specific coordinating bodies, such as the Taskforce and TWGs, should ensure that social and environmental goals and impacts of REDD+ are considered and that all appropriate sectors are represented.
| Respect | B3.2 Number and coverage of planning instruments developed through/with support from REDD+ |
| B3.3 Number and coverage of planning instruments developed through/with support from REDD+ PaMs that demonstrably took into account social and environmental objectives | |
| B3.4 Action plans and/or cooperative activities related to land use developed with EAOs and/or ethnic groups |
Criterion B4. When REDD+ Policies and Measures are planned, availability of data and institutional/ stakeholder capacity for their effective implementation should be considered and identified deficits should be addressed.
- The Myanmar UN-REDD Programme has prepared a ‘Competency Framework for REDD+’, based on a capacity needs assessment, with a capacity building plan up to 2020.
- A number of proposed REDD+ Policies and Measures (PaMs) also specifically targeted at capacity building and the improvement of data and monitoring.
- Policies, laws and regulations whose implementation can enhance the availability of relevant data include: The Forest Law (2018), which covers the responsibilities of the Forest Department, including collection and dissemination of forest resources information, and inventory activities; and the State Forest Policy (1995) also sets out that inventory data should be used to support forest management. A 5-year project to design, develop, plan and implement a National Forest Inventory (NFI) and National Forest Monitoring System (NFMS) is currently underway.
- The National Land Use Policy (2016) states that Land Use Committees should base proposals for land use changes in appropriate areas on approved and updated information from the land use planning process, and that stakeholders should be provided with precise and correct land information to use in deciding on land allocation for national development, environmental conservation, land use planning and investment. Other organizations are also involved in the collection, processing and publishing of data on land, forest and other aspects relevant to REDD+ planning and implementation, such as: the Central Statistical Organization (CSO); One Map Myanmar; and the Myanmar Information Management Unit (MIMU).
The NFI, NFMS and National REDD+ Strategy have been designed to support improved availability and use of data and related capacity building, as noted above. Information on how this criterion is respected during implementation of REDD+ PaMs is not yet available.
There remains limited availability and consistency of land-related data to support processes linked to land classification, tenure clarification, land use planning, issuing of concessions, approval of investments, etc. There is also a lack of detailed information on the distribution of ethnic/language groups. There is not yet a regular, institutionalized process to assess capacity needs for REDD+ planning and implementation, and to develop activities to address these needs.
Recommendations to address these challenges include:
- Build on the competency framework developed during the Readiness Phase to ensure a systematic and regular assessment of stakeholder capacity development needs, as well as measures to address these needs for subsequent phases of REDD+. Activities to build capacity for REDD+ planning and implementation should also be monitored as part of a future REDD+ monitoring and evaluation framework.
- Ensure that information systems being developed to support the REDD+ Programme (such as NFI, NFMS and SIS) are able to collect and share statistical and spatial information needed to support REDD+ planning and implementation, including on social and environmental factors. The development of implementation or investment plans for REDD+ PaMs should include consideration of data and capacity needs.
- When collecting information (e.g. data on land, forest, etc.), coordinate and collaborate with relevant organizations, including INGOs and NGOs; capacity building to support improved data collection should be provided if needed.
- Seek opportunities to collect and improve information on/for ethnic groups, language groups and indigenous peoples.
| Respect | B4.1 Number of assessments of institutional/stakeholder capacity and data availability for effective implementation of REDD+ PaMs carried out |
| B4.2 Number of resulting measures to collect or obtain access to additional data | |
| B4.3 Amount of funding allocated to institutions to address identified capacity deficits and build capacity to support/implement REDD+ PaMs | |
| B4.4 Number of participant days in capacity-building events/programs carried out, disaggregated by recipient group (government staff, local community members, etc.), gender, and type of measure (e.g. workshop, training, piloting exercise) |
