how the national land use policy promotes use of publicly accessible land information database...
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How the National Land Use Policy Promotes Use of Publicly Accessible Land Information Database Systems for Decision-Making
Robert Burton Oberndorf, JDResource Law Specialist/Land AdvisorUSAID Land Tenure Project27 February 2017Enhancing Access to Knowledge, Information & Data in the Mekong WorkshopBest Western Green Hill Hotel, Yangon
USAID Myanmar Land Tenure Project 2
Background on Land Governance Realities in Myanmar
- “Political Playground”- Legal framework is poorly harmonized and often antiquated;- Deed registration system has been poorly maintained, expensive land transactions, tenure claims often unclear (negative impact on investment);- Many land holders, particularly in remote rural areas, lack formal recognition of land tenure claims (customary tenure);- Land governance arrangements are complicated with overlapping authority;- Public access to accurate land information is difficult (negative impact on investment, negative impacts on tenure security, increases risk for all);- Limited opportunity for public participation in land resource decision making processes, including easy access to affordable dispute resolution mechanisms;
Government is Taking Action!
27 February 2017
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- New Land Laws (Farmland and VFV Lands Management Law in 2012)
- Development of National Land Use Policy
- Commitment to resolve land disputes
- New Agriculture Policy and Agriculture Development Strategy27 February 2017 USAID Land Tenure Projject
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USAID LAND TENURE PROJECT 4
• Almost 3 years to develop;• Utilized an inclusive public consultation process; • Consultations in every state and region, expert roundtables, national workshop;• Endorsed by President’s Cabinet in January of 2016 – “Living Document”• ASPIRATIONAL: Need to keep in mind there are few “quick wins” in land governance. Long term effort.
27 FEBRUARY 2017
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NATIONAL LAND USE POLICY DEVELOPMENT
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• Basic Principles, Art 8(c): To promote effective land information management, including easy public access to information;
• Land Use Administration, Art 12 (b): Transparently providing precise and correct land information that the stakeholders need to use when deciding the amount of land area necessary for projects related to national development, environmental conservation, land use planning and investment;
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How does the NLUP support modern land data management systems development?
USAID Land Tenure Project 627 February 2017
NLUP Support Continued• Land Information Management, Art 15 & 16:
– Systematically maintaining correct and accurate land cover maps, land records and other land information is fundamental for systematic land use management, land tenure security and urban-rural economic development.
• In carrying out land information management: (a) Accurate, complete and updated Information related to land use shall be maintained; (b) Respective government departments, organizations and local representatives must coordinate in drawing maps and registration in order to ensure land tenure security and accurate and complete land information…; (c) Access to accurate, complete and updated land use information is essential for legal decision making related to land acquisition, relocation, transfer of land use rights, change of land use types, and resolving land disputes; (d) All individuals, communities and organizations with the rights to use and manage land must have equal rights to access accurate and complete information related to land use…
USAID LAND TENURE PROJECT 727 FEBRUARY 2017
THANK YOU
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