Learning from the process of National Land Use Policy Development in Myanmar

Improving the quality of a policy with inputs from multi-stakeholders

U SHWE THEINLADN CORE GROUP

Regional Land ForumHanoi

21 June 2016

Key Areas of Lessons Learned1. Use of roadmap,2. Effective Support to improve effectiveness of working groups’

performance,3. Quality of Information used for drafting of policy statements,4. Effectiveness of public consultation,5. Use of information registration worksheet for effective

information management,6. Effective management of policy revision process7. Quality translation of policy document

Visioning a Democratic Process

A democratic process involving the active and informed participation of the people of Myanmar in the development of a national land use policy will lead to: • Development of a higher quality National Land Use Management

Policy; • Improved public trust in the Government; • A better informed Government and public; • A land use policy that has ownership and legitimacy of the

citizens of Myanmar; • An increased likelihood of sustainable economic growth; • Climate change resilience; • Proper valuation of natural capital and protection of

environmental services; and • Greater political and social stability in the country

Anticipation• A never ending awareness campaign

and consultation process supported by donor and NGO community

• A living policy with frequent updating • Replication of process for other

policy/law development

Original Road MapActivity Timeline

1 Initial informing public and concerned government agency 2013 to early 2014

2 Clearly informing public and concerned government agency Late 2013 to 2016

3 Development of a draft policy for comment 2014 to 2015

4 Make the draft of policy available for review 2014 to 2015

5 Feedback with mechanism on 1st draft 3 months

6 National level consultation in NPT & Yangon 2014 to 2015

7 Revision of first draft 2014 to 2015

8 Make second draft of policy available for available review 2014 to 2015

9 Revision of second draft 2014 to 2015

10 State/Regional consultation 2015 to 2016

11 Revision of second draft 2015 to 2016

12 Make third draft of policy available for review Late 2015 to early 2016

13 Final national level consultation workshop Late 2015 to early 2016

14 Approval 2016

15 Revise if needed 2016

(1) Use of Road Map in Planning of a Policy Development enhanced the process to reach the goal

No. Actions 2012 2013 2014 2015 2016

1 Road Map

2 Working Group

3 Policy drafting

4 Gov Pre-consultation

5 CSOs initiated pre-Consultation (LCG, LIOH, etc.)Feedback from indiv/group

6 State/Regional public consultation (17)

7 Registration/Documentation of key suggestion points

8 ERT process (2)

9 National consultation workshop

10 Policy endorsement

LUASC Taskforce

Policy drafting

WG

Legal WGLand

classification, registration, mapping WG

Ethnic land use &

conflict resolution

WG

Donor/NGO Coordination

WG

Roadmap

Analysis

Detailed Work Plans

Recruitment of Tech.

Experts & Info.

Collection

Consultation

Policy recommend

ation & drafting

Policy framework

First draft

Second draft

Final policy

Info. Collection,

mobilization of CSOs, NGOs, Donors

Different level

consultation

National dialogue

Publ

ic In

fo. S

harin

g

1

2 3 4 5

(2) Providing Effective Support Improves Effectiveness of Working

Groups’ Performance

• Facilitate designing process and preparation of action plan• Support information collection• Facilitate workshops/meetings • Provide technical experts to help review, analyze and

prepare policy statements (Land, legal, national, international, translator)

• Manage to enhance the professional inputs

(3) Quality of Information used for drafting of policy statements improves the analysis of key issues and

generate better policy statements

• Research reports from LCG Network e.g. key recommendations from customary tenure research from various initiatives,

• Policy recommendations from various national and local dialogues e.g. Key recommendations from National dialogue on land use and land rights, Jointly organized by MOECAF, NESAC, LCG(FSWG), Shifting cultivation key recommendations by Pyo-pin

• International references e.g. policy process and products from the region e.g. India Land Use Policy (process, content) from India, Laos, Land Law from Cambodia, Indigenous act from Philippines

(4) Sufficient preparation of stakeholders increases effectiveness of public

consultation• Media management training to increase capacity of

government staff in listening, accepting public feedback (External international media experts)

• Pre-consultation workshop to various local communities and CSOs e.g. LCG network members (MRLG QDF, Pyo-pin)

• Quality feedback in 17 public consultation meeting organized by the government

• Improved listening of government consultation team during the public consultation process

(5) Use of information registration worksheets increases effective information management and

accountability

No. Date/ Location

Name of feedback provider

Position/ Dept./

OrgRef.

Chapter Ref. Para Ref. policy statement

Summary feedback

Pre-analysis/

policy reference

Pre-analysis

for question

development

Questions for expert roundtable meeting

Remarks

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)

(6) Effective management of policy revision process ensures

integration of public feedback in policy revision

• Setting clear ground rules based on main objectives of public consultation (Owership, quality)

• Process facilitation to enhance correct analysis and people centered thinking

(7) Quality Translation of Policy ensures the consistency of

meaning between Myanmar and English Versions

• A series of translation workshop, not one person translates and another person revises and finalizes

• A team of nationals with an international legal expert so that both language and subject can be appropriately decided

• Feedback: “I felt like the policy statements are writeen by an English speaker” said one NGO International staff.

A Sample Comparison between 5th, 6th and final draft of NLUP

• Basic Principle•8.(a) It shall use the land resources of the State sustainably and systematically by conserving and protecting them for the interest of all peoples of the State;5th

• Basic Principle•7(a)To recognize and protect legitimate land tenure rights of people, as recognized by the local community, with particular attention to vulnerable groups such as smallholder farmers, the poor, ethnic nationalities and women;

6th (After Expert Roundtable Process)

• Basic Principle•8(a) To legally recognize and protect legitimate land tenure rights of people, as recognized by the local community, with particular attention to vulnerable groups such as smallholder farmers, the

•poor, ethnic nationalities and women

Final (After national consultation workshop)

How a theme spread out in the policy

Objectives

6(c) To recognize and protect customary land tenure rights and procedures of the ethnic nationalities

Basic Principle8(a) (a) To legally recognize and protect legitimate land tenure rights of people, as recognized by the local community, with particular attention to vulnerable groups such as smallholder farmers, the poor, ethnic nationalities and women

Land Use Administration10(a) In establishing the Land Use Committee at Region or State level, it shall comprise the Chief Minister as Chairman, Ministers for ...., responsible persons from ...., representatives of farmers selected by local associations, representatives from all local ethnic nationalities, ..., women and ... as members, and a person elected and assigned by the members as the Secretary

Part (VIII) Land Use Rights of the Ethnic

Nationalities

64. Customary land use tenure systems shall be recognized in the

National Land Law in order to ensure awareness, compliance and

application of traditional land use practices of ethnic nationalities,

formal recognition of customary land use rights, protection of these rights and application of readily available

impartial dispute resolution mechanisms

Thank You!

U Shwe TheinLand Core Groupusthein@gmail.com