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.

1. [DATE] FOOTER GOES HERE 1
How the National Land Use
Policy Promotes Use of
Publicly Accessible Land
Information Database
Systems for Decision-
Making
Robert Burton Oberndorf, JD
Resource Law Specialist/Land Advisor
USAID Land Tenure Project
27 February 2017
Enhancing Access to Knowledge, Information &
Data in the Mekong Workshop
Best Western Green Hill Hotel, Yangon

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 decision27 February 2017 USAID Myanmar Land Tenure Project 2

3. - 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 Strategy
27 February 2017 USAID Land Tenure Projject 3
KHINMYATMOE

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 USAID LAND TENURE PROJECT 4
KHINMYATMOE
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;
KHINMYATMOE
How does the NLUP support
modern land data
management systems
development?

6. 27 February 2017 USAID Land Tenure Project 6
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…

7. 27 FEBRUARY 2017 USAID LAND TENURE PROJECT 7
THANK YOU

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Include:
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• USAID contact
MAP GUIDANCE

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