Safeguard E
Criterion E1. Before REDD+ Policies and Measures that could have an impact on natural forests are implemented, the distribution of natural forests in the area covered by the PaM should be mapped reliably, with particular attention to forests outside of the permanent forest estate. No conversion of these forests to other land uses (including into plantations) should be allowed; risks of indirect conversion (e.g. through displacement of land use) should be minimized as far as possible
- The term ‘natural forest’ does not have a formal, legal definition in Myanmar, although the term is used in documents such as the Community Forestry Instructions (2019) and the Forest Law (2018). The national codes used by the Ministry of Natural Resources and Environmental Conservation (MONREC) for classifying land use and land cover mapping do not currently distinguish between natural and planted forest, nor is such a distinction included in Myanmar’s Forest Reference Level (submitted to the UNFCCC in 2019). However, the Myanmar Forest Resources Assessment report includes FAO definitions relevant to natural forest.
- The National Forest Monitoring System (NFMS) is designed to map and measure forests and relevant forest related attributes, and will be the primary information source to produce data for relevant UNFCCC reporting. The National Forest Inventory (NFI), a component of the NFMS, will use categories for forest types that can be aggregated to present the status and distribution of natural forest.
- REDD+ PaMs will also support the mapping and characterization of natural forests.
- There are no specific legal provisions in Myanmar that ban converting natural forest to other uses, but forest conversion is regulated through a number of different related laws and regulations, including the Law Amending the Vacant, Fallow and Virgin (VFV) lands Law (2018). and the Forest Law (2018), which requires Ministerial approval for any development activities proposed in reserved forest areas or forest areas outside of reserved forest.
- If the land in question is to be used for investment purposes, investors must also obtain the endorsement of the relevant Investment Committee. A change in land use may also require an investment permit under the Investment Law (2016) and Investment Rules (2017).Under the EIA Procedure (2015), if the planned change in land use meets the criteria for requiring an EIA, an Environmental Compliance Certificate (ECC) is needed.
- Different rules may be applied in areas under the control of EAOs and mixed management areas. For example, the Karen National Union (KNU) has its own investment permitting/licensing systems as well as land use policy, and a KNU forestry policy is in draft form.
- REDD+ PaMs that address agriculture as a driver of deforestation are also in line with the criterion, since conversion to agriculture has been identified as an important driver of forest loss in Myanmar. Improving agricultural production is a key goal, as although policies such as the Agriculture Development Strategy and Investment Plan (2018/19–2022/23) focus on increasing productivity in existing cultivation areas.
Regarding the definition and mapping of natural forests, an NFI Field Manual was released and tested in 2019, including in natural forest types, with further field testing planned in 2020.
Although there is no official definition of natural forest, the mapping protocol to allow the differentiation of natural forests and plantations in the NFI is under development. Most forest plantations in Myanmar are carried out with native tree species and, at least in the case of government plantations, are managed with long rotation periods (60 or more years) so that older plantations gradually merge with the surrounding natural, or semi-natural forests, which can make differentiation increasingly difficult over time.
There are currently no specific provisions in the legal framework that would prevent REDD+ PaMs being used for the conversion of natural forest, or to prevent REDD+ implementation areas being converted to other uses, should such an action receive approval from the relevant authorities. The responsibilities for approving forest conversion are also distributed among a number of institutions. Although there is also a risk that REDD+ PaMs could unintentionally lead to the conversion of natural forest areas, due to current limited availability and/or accessibility of accurate forest maps, and limited capacity to assess risks of indirect land use change (see also Principle G),this situation will likely change with the progress of the NFI and NFMS.
Recommendations to address these challenges include:
- Agree on a clear, nationally appropriate definition of natural forests that can be used across all aspects of REDD+, and develop accurate information on the spatial distribution of natural forests within and outside the official forest land; this information should be made available to all those who plan and implement REDD+ PaMs.
- Guidance to be developed for REDD+ implementing agencies shall cover requirements related to impact assessment (including EIA where applicable) and Free, Prior and informed Consent (FPIC), as well as a requirement to map or otherwise clarify land cover and land uses in the proposed intervention area, including the distribution of natural forest.
| Respect | E1.1 Percentage of site-based REDD+ PaMs for which documentation exists to show that reliable mapping of natural forest, including forests outside of the official forest area, was carried out and/or utilized prior to PaM implementation |
| E1.2 Percentage of site-based REDD+ PaMs for which documentation exists to show that precautions were taken to prevent direct conversion of natural forests and reduce risks of indirect conversion< | |
| E1.3 Number of incidences of natural forest or other ecosystem loss attributable to REDD+ PaMs, and area affected | |
| E1.4 Number of received and number of resolved grievances related to the (direct or indirect) conversion of natural forests as a consequence of REDD+ PaMs |
Criterion E2. Planning of REDD+ Policies and Measures (both at the level of REDD+ strategies or programmes and at the level of individual policies or measures) should be based on sound information about their potential positive or negative social and environmental impacts, including impacts on important areas for biodiversity and ecosystem services; this may require analysis or collection of new data. Cumulative effects, landscape-scale impacts and indirect impacts should be included in the analysis.
- There are a number of policies, laws and regulations relevant to identifying and managing possible negative environmental impacts of projects or programmes, such as: the Environmental Conservation Law (2012), the Environmental Conservation Rules (2014) and the EIA Procedure (2015), which together set out the mandates and processes for EIAs and the development of Environmental Management Plans (EMPs), as well as reference to cumulative impact assessment and Strategic Environmental Assessment (see also Criterion B2). In addition to environmental impacts, the EIA Procedure (2015) covers social, socio-economic, health, personal safety and cultural impacts of interventions.
- With regard to the identification of appropriate locations for PaMs, some forms of land use zonation and accompanying rules for the type of permitted activities are provided by: he Forest Law (2018) for forest land and protected forest areas; he Protection of Biodiversity and Protected Areas Law (2018) for other categories of protected areas; and he Law Amending the ‘Vacant, Fallow and Virgin’ (VFV) Lands Management Law (2018) and the Farmland Law (2012). The definition of “promoted geographies” under the Myanmar Investment Law may provide an incentive for prioritizing projects (including REDD+ PaMs) to achieve a specific benefit. The National Land Use Policy (2016) also states that in the development of land use plans, “agricultural and ecological conservation zones” should be established to encourage protection of land resources.
- The FPIC process, which is to be applied to certain REDD+ PaMs, will also support the collection and sharing of information about the potential impacts of REDD+ PaMs on affected communities (see also Criterion B1).
- The Environmental Conservation Law (2012) provides MONREC with the powers to issue environmental standards or guidelines to prescribe environment-friendly practices for various types of land management activities, and to propose economic incentives and conditions for sustainable development Other guidelines and standards that are relevant for REDD+ PaMs include the Myanmar Criteria & Indicators for Sustainable Forest Management and the Reduced Impact Logging guidelines.
- During 2017-2018, the Myanmar UN-REDD Programme conducted a participatory assessment of the potential benefits and risks of proposed REDD+ PaMs, which included identification of likely benefits and risks, and development of proposed measures to reduce risks and enhance benefits. During the development of the National REDD+ Strategy, recommendations were also compiled on how to reduce risks and enhance benefits through appropriate design and implementation of the REDD+ PaMs and other measures related to the application of the safeguards (see also Criterion E3).
- A number of REDD+ PaMs can help to increase capacities for the application of EIA and other environmental legislation.
The EIA Procedure (2015) provides limited guidance on the assessment of cumulative and indirect impacts, such as those that might be caused by land use displacement’; other challenges related to EIA are covered under Criterion B2. As yet there is no formal process for assessing the impacts of REDD+ PaMs that do not require an IEE/EIA, though the development of further guidance has been proposed. Although mentioned in the legal framework,there have been limited initiatives for identifying important areas for biodiversity and ecosystem services, including “agricultural and ecological conservation zones”.
There is currently a lack of nationally endorsed standards and guidelines for socially and environmentally sustainable practices in agriculture and natural resource management to guide the implementation of certain REDD+ PaMs, as well as a lack of a certification system for forest products or products from plantations.
Recommendations to address these challenges include:
- Guidance to be developed for REDD+ implementation agencies shall include requirements related to impact assessment/EIA and FPIC as well as best practice on the use of appropriate information as a basis for the assessment of potential impacts, assessing the risk of indirect land use change, and using assessment results to adjust plans and implementation approaches in order to reduce any identified risks and promote delivery of benefits (see also Criteria E3 and E4).
- Implementation of forest and land use planning as well as the One Map Myanmar initiative, and the development of the NFI/NFMS, can help to address gaps related to the identification of areas important for biodiversity and ecosystem services and other factors relevant to prioritizing areas for REDD+.
- The piloting of REDD+ PaMs,e.g related to timber and supply chains, should promote standards and guidelines for environmentally and socially sustainable practices.
| Respect | E2.1 Number of assessments of social and environmental impacts carried out for REDD+ PaMs, disaggregated by level, and area covered |
| E2.2 Percentage of assessments of social and environmental impacts for which there is documentation to show that they followed good practice standards with regard to: – data collection and analysis, including analysis of potential impacts on important areas for biodiversity and ecosystem services, cumulative effects, landscape-scale impacts and indirect impacts; – adequate consideration of possible social and environmental benefits (with a focus on the priority benefits listed in E.4); and – provision of clear recommendations for PaM siting and implementation drawing on the potential impacts identified |
Criterion E3. REDD+ Policies and Measures should be selected, designed and implemented in a way that not only avoids or minimizes negative impacts but also enhances positive ones. This may involve prioritization of some PaMs over others or combining PaMs in a complementary way. Stakeholders from all relevant sectors should be involved in identifying the best ways to increase the positive impacts of REDD+.
- See Criterion E2 for information on regulations and processes relevant to identifying and managing the potential impacts of REDD+ PaMs, and Criterion B2 for more information on requirements under the EIA Procedure (2015) related to mitigation of potential impacts.
- See Criterion D1 for more information on the legal framework and mechanisms relevant to the involvement of stakeholders in the planning of REDD+ PaMs and associated processes (e.g. community forestry and land use planning).
- Myanmar’s National REDD+ Strategy has been designed through an extensive stakeholder engagement process. In its discussion of Myanmar’s REDD+ approach, the Strategy notes that the approach will ensure that PaMs are designed to address greenhouse gas emissions and to generate non-carbon benefits.
- The national assessment of the potential benefits and risks of REDD+ implementation carried out in 2017-2018, as well as the participatory process to develop the National REDD+ Strategy have helped Myanmar to respect this criterion. The assessment of benefits and risks was conducted with extensive stakeholder participation at the national and subnational levels, and examined b potential negative impacts and how to avoid/reduce them, but also potential positive impacts and how to enhance them, as well as. See Criteria E2 and D1 for more information on the development of recommendations, which informed the design of the proposed REDD+ PaMs.
The identification and management of potential impacts of REDD+ at site level require further consideration. There is no formal process for assessing the impacts of PaMs that do not require an IEE/EIA, though this is proposed for development. Existing guidance for impact assessment are also often focused on preventing harm with less experience available on how to promote the enhancement of benefits.
Recommendations to address these challenges include:- See recommended measures under E2. Specific guidance for REDD+ implementing agencies on requirements related to impact assessment/EIA should also cover measures for both reducing negative impacts and enhancing positive impacts.
| Respect | E3.1 Percentage of PaM planning processes which can demonstrate that the outcomes/recommendations of assessments were incorporated into the planning, for example by:a) selecting, prioritizing and/or combining PaMs to reduce risks and enhance potential for benefitsb) incorporating risk reducing/benefit enhancing features into PaMs design or introducing complementary measures to reduce risks/enhance benefitsc) targeting locations to enhance benefits/reduce risks (e.g. focusing on high biodiversity areas or areas with vulnerable populations) |
| E3.2 Percentage of PaM planning processes for which documentation exists to show that views were sought from stakeholders of all relevant sectors about the best ways to increase positive impacts from REDD+, and in which those views were demonstrably reflected in the planning | |
| E3.3 Percentage of REDD+ interventions for which documentation exists to show that their implementation followed the recommendations from the planning process on enhancing positive impacts and minimizing negative impacts |
Criterion E4. Priority benefits to be supported through appropriate selection, design and implementation of REDD+ Policies and Measures include promoting land rights, enhancing the wellbeing of poor, vulnerable and/or marginalized groups, supporting sustainable livelihoods of indigenous peoples and local communities, enhancing gender equality, supporting social peace and stability, protecting areas of high value for biodiversity or ecosystem services (in particular conservation of soil and water resources), increasing habitat connectivity, reducing or reversing land degradation, reducing pollution, and building the capacity of government staff and local stakeholders (e.g. to implement / comply with existing laws, to participate in decision-making and to adopt sustainable land use practices).
- Numerous policies, laws and regulations and initiatives relate to the priority benefits identified under this criterion. For example, under Principle C there are policies, laws, regulations and processes that support recognition of land rights in the context of REDD+ PaMs, while under Principle D there are opportunities for the participation of stakeholders, including those from vulnerable groups.
- With regards to enhancing gender equality, Myanmar’s National Strategic Plan for the Advancement of Women (2013-2022) includes a section on women and the environment, whose key objective is to strengthen systems, structures and practices to ensure women’s meaningful participation in the management and safeguarding of natural resources and the environment and in adapting to climate change.
- The Myanmar UN-REDD Programme has carried out a gender analysis and the National REDD+ Strategy includes an ‘Assessment of the interest of women’s groups and Indigenous Peoples’. The Programme’s guidelines on stakeholder engagement 2016) and communications strategy (2018) also aim to meet the needs of all relevant stakeholder groups, taking account of differential needs linked to gender and ethnicity, as well as those of people with disabilities. A proposed PaM on extension services also specifically aim to promote gender equitable opportunities.
- The priority benefits listed in this criterion were identified through the multi-stakeholder national safeguards clarification process, drawing on the results of the participatory benefits and risks assessment. The benefits and risks assessment also generated recommendations on the design of PaMs to better support the delivery of these benefits.
- Information related to the implementation of REDD+ PaMs and this criterion is not yet available. The selection and design of REDD+ PaMs to date supports the delivery of priority benefits, including but not limited to PaMs on capacity development, community forestry, alternative fuel sources, and gender-responsive extension services.
There is a need to facilitate access to data that can be used to plan PaMs in a way that supports priority benefits, and to set baselines for measuring progress against this criterion. In order for poor, vulnerable and/or marginalized groups to more fully participate in and benefit from REDD+, there is also a need for capacity development and improved information sharing (see also Criterion D1).
Recommendations to address these challenges include:
- See recommended measures under E2 and E3 on guidance related to impact assessment, which should cover the need to develop measures/plans both for reducing negative impacts and for enhancing positive impacts, including the priority benefits identified in this criterion.
- Data on baselines and trends related to the delivery of the identified priority benefits should also be collected and/or made accessible; the development of an M&E framework for REDD+, as well as of the NFI/NFMS and the SIS, provide opportunities to support this.
| Respect | E4.1. Promotion of land rights/clarified tenure (link to indicators under C2) |
E4.2. Sustainable livelihoods, including wellbeing of poor/vulnerable groups: — (Perceived wellbeing of survey respondents in REDD+ areas)(link to C3.4) — Data on average household income inside and outside of REDD+ areas | |
E4.3. Gender equality: — link to (indicator on gender breakdown of participants in REDD+ activities)(D1.1) — link to indicator on perceived wellbeing, by gender (C3.4) — link to indicators on benefits sharing (under C2) | |
E4.4. Social peace and stability: — link to indicator on coordination with EAOs (B3.4) — link to indicator on management of grievances (C6.1) — Incidence of court cases and/or violent conflict over land use within/outside of REDD+ areas | |
E4.5. Protection of areas of high biodiversity/ecosystem services value (link to indicators under Principle A): — Trends in national coverage of protected areas — Improvements in forest cover/quality in REDD+ areas, including inside/outside protected areas — Area of priority sites for conservation where conservation measures are carried out through REDD+ PaMs — Trends in biodiversity metrics on NFI plots within and outside of areas with site- based REDD+ interventions, e.g. trends in abundance of key commercially used tree species present in forest | |
E4.6 Restoration, reduced land degradation and habitat connectivity: — Hectares of forest restored in REDD+ implementation areas, including inside/outside of protected areas and in areas at risk of land degradation/erosion (see E4.5 above) — Forest conservation measures (e.g. establishment of community forests and ICCAs) carried out in areas at risk of land degradation/erosion | |
E4.7. Reducing pollution and promoting other environmental benefits: — Number of households with access to electricity in REDD+ implementation areas — Number of households participating in sustainable agriculture programmes / data on average inputs of fertiliser/pesticides on farms in REDD+ areas | |
E4.8. Building the capacity of staff and stakeholders: — link to indicator on capacity building (under B4) |
Criterion E5. REDD+ Policies and Measures that involve land use or management planning should be supported by capacity-building and transparency measures to ensure that environmental and social objectives are appropriately considered and not neglected due to a lack of data, awareness or understanding or a competing interest in short-term economic benefit.
- Please see criteria B1, B2, B3, and B4 for more information on the legal framework related to transparency and information sharing, forest governance, coordination of land use planning, inclusion of social and environmental objectives, and enhancing data availability/capacity. Principle C includes information on rights related to land use planning and land acquisition, and criteria E2 and E3 on social and environmental impacts. B4 and E1 outline existing and planned information systems and initiatives that may contribute to the provision of useful data for land use and management planning.
- In Myanmar’s National REDD+ Strategy there are a number of PaMs that seek to support planning, including on protected area establishment/management planning.
- Information related to the implementation of REDD+ PaMs and this criterion is not yet available
There are few regulatory requirements related to the consideration of social and environmental objectives in planning processes, particularly at the broader policy level. See also gaps identified under Criterion B4, related to the limited availability, transparency and consistency of land related data, and E2 and E3 related to impact assessment. The main recommendation to address these challenges:
- As noted under Criterion B4, the development of implementation or investment plans for REDD+ PaMs should also include consideration of data and capacity needs. Any activities to build capacity for REDD+ planning and implementation should also be monitored as part of REDD+ M&E.
| Respect | E5.1 Percentage of REDD+ PaMs involving planning instruments that included capacity-building for the consideration of environmental and social objectives, disaggregated by topic |
| E5.2 Link to indicator on capacity-building events (B4.4) | |
| E5.3 Number and coverage of planning instruments that reflect environmental and social considerations (link to B3.3) | |
| E5.4 Percentage of REDD+ interventions involving planning instruments with transparency measures applied (link to B1.1) |
Criterion E6. Monitoring of REDD+ Policies and Measures should include regular tracking of social and environmental impacts against a pre-implementation baseline, taking into account the possible benefits and risks identified during the planning stage, as a basis for continued improvement of REDD+ practice.
- The EIA Procedure (2015) includes a requirement for regular tracking of social and environmental impacts by the project proponent (see also Criterion B2).
- Implementation of the REDD+ Programme will be subject to the monitoring processes usually applied for large-scale government programmes. According to final draft the National REDD+ Strategy, monitoring of PaMs implementation will be carried out in order to understand if they are having their intended impact and to generate data to support benefit-sharing. A set of indicators will be developed for monitoring each PaM, while the REDD+ implementing agencies will provide data for the indicators. Local Civil Society Organizations will be invited to undertake validation. The results of monitoring will be made publicly available on the Myanmar REDD+ website. A five-yearly review of the results achieved across the Strategy is anticipated.
- The National Forest Inventory (NFI) and the wider National Forest Monitoring System (NFMS) will also play an important role in monitoring the results of REDD+. While the main role of the NFMS in REDD+ monitoring is to provide information on achieved results in terms of greenhouse gas emission reductions and carbon sequestration, some of the data produced will be relevant to assessing social and environmental impacts as well. The data produced by the NFMS on changes in forest distribution and condition can also be combined with other data (e.g. on important areas for biodiversity and ecosystem services) to derive information on non-carbon benefits of REDD+.
- The design of Myanmar’s SIS aims to track progress against the safeguards, including outcomes relating to the social and environmental impacts of REDD+. Indicators for the SIS are under development.
- Information related to the implementation of REDD+ PaMs and this criterion is not yet available
See Criterion E4 for gaps related to data availability for tracking environmental and social impacts, as well as recommended measures related to monitoring of social and environmental impacts. In addition, the development of the REDD+ M&E framework shall where possible integrate priority indicators for collecting information on social and environmental impacts and the safeguards.
| Respect | E6.1. Number of indicators or elements of REDD+ M&E framework that monitor social and environmental impacts of REDD+ and number where data has been collected |
