The Livelihoods and Food Security Fund (LIFT):
LIFT exists as a multi-donor fund to improve the lives and prospects of smallholder farmers and landless people in rural Myanmar – this includes programmes to promote land tenure security.
The REAL DEV programme:
Following 12 months of design, including consultation with civil society partners and with Government, LIFT recently launched a Call for Proposals on land tenure. The programme (“REAL DEV”) invites partner agencies to work with the Government on land reclamation and reallocation in Magway, to develop a replicable approach and framework for reallocating State land reclaimed from concessionary holders to the rural poor, landless, and others. The programme’s aim is to promote the development of procedures and processes for the reallocation of land that are participatory, inclusive and transparent and to inform the implementation of national land reallocation initiatives and policy directions.
The Vacant, Fallow and Virgin (VFV) Land Law:
The Vacant, Fallow and Virgin Land Law (2012) and its amended version (2018) are an instrument to promote private land based investment in the agricultural sector. Such investment is critical to the development of the sector, as articulated in the Agricultural Development Strategy (ADS). The amended VFV law adds a significant dimension to this objective in that landless citizens and smallholder farmers may apply for accessing VFV land, in support of the Government of Myanmar policy to seriously address landlessness (Art. 5a). Further these changes have the explicit intention of decentralizing the current approach placing the responsibility on the states and regions.
The VFV Law amendment:
The recently amended VFV land law targets the vacant, fallow and virgin land categories with an administrative order issued by the Secretary of the VFV Lands Management Committee, stipulating that necessary permits must be held or applied for, otherwise major penalties will be imposed. LIFT, like others, is deeply concerned about the amendment and implementation of the VFV land law as it is now worded. LIFT is also concerned that key elements of the National Land Use Policy (NLUP), such as customary land use rights of ethnic nationalities and restitution rights of displaced persons, could be negatively affected.
LIFT’s position:
LIFT believes that the amended VFV land law, including the 6-month permit application procedure, should be suspended until its intent and objectives are clarified in line with a National Land Law that is to be developed by the National Land Use Council (NLUC). LIFT encourages the relevant government bodies to actively consult with CSOs and other concerned stakeholders, including ethnic communities in accordance with the NCA, about customary tenure and other important legal issues. LIFT observes that a comprehensive roadmap for strengthening land administration mechanisms and procedures should be developed in line with the NLUP and international best practices.
REAL Dev and the VFV Law:
LIFT’s REAL DEV programme aims to accelerate the reallocation of State land to the original land holders, the landless and poor households and/or regularize tenure of its eligible informed occupants, to do so in a responsible way, and to promote participatory, inclusive and transparent procedures that can be scaled up. LIFT’s programme is relevant and responsible – perhaps even more so at this time than before.
LIFT’s invitation to discuss:
LIFT (the Fund Board and the Fund Management Office) are guided by technical experts who will continue to consult and seek advice on issues of land tenure from LIFT partners, which includes civil society groups, ethnic organisations and the Government. LIFT intends to consult with its CSO Strategic Partners during the week of 17 December 2018 and LIFT will also convene an open discussion with individuals and organizations on Friday 18th January 2019 (details tbc).
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Contacts us
Key contacts are:
Brett Ballard, Policy Specialist, BrettB@unops.org
Kyi Nyein Chan, Programme Officer, KyinyeinC@unops.org
Andrew Noble, Agronomist, Natural Resource Specialist, AndrewNo@unops.org
Katy Webley, Fund Director, KatyW@unops.org
(Note: The statment released on 14th December 2018 is updated on 18th January 2019)
