You are on page 1of 15

Promoting responsible

investment in agriculture
and food systems in the Lao
People’s Democratic Republic:
Successful experiences and stories from
government officials
Why is RAI important with the country’s laws and regulations
and were negatively impacting livelihoods,

in the Lao People’s food security and the environment. With


the policy arena increasingly focused on

Democratic Republic? sustainable development, these trends were


counterproductive to national development
goals. Because there are many types of
Agriculture and forestry are a cornerstone of agriculture and forestry investments,
the development strategy of the Lao People’s spanning the mandates of multiple ministries,
Democratic Republic, employing over 60 administrative levels and stakeholders,
percent of the population (ILO, 2022). Despite rectifying the situation was going to require a
this, agriculture makes up just 16 percent of cohesive overarching framework.
the country’s GDP due to low productivity and
lack of modernization (World Bank, 2022). The
agriculture sector is characterised by an aging
population as youth increasingly migrate in
What is responsible
search of better prospects. Persistent poverty, investment in agriculture
food insecurity and a lack of opportunities in
rural areas figure strongly in these decisions. To and food systems (RAI)?
counter these trends, both private and public The Food and Agriculture Organization of
investments are needed to raise agricultural
the United Nations (FAO) activities in the
productivity and incomes. To achieve the first
two Sustainable Development Goal’s (SDGs)
Lao People’s Democratic Republic are part of
of ending poverty and hunger and improving broader global efforts to align investments
food security and nutrition in the Lao People’s in agriculture, forestry and fisheries with
Democratic Republic by 2030, additional the Principles for Responsible Investment
investments of USD 34 million per year in Agriculture and Food Systems (CFS-RAI
specifically targeting agriculture are required Principles) endorsed by the Committee on World
(FAO, IFAD and WFP, 2015). Food Security. The Association of Southeast
Asian Nations Guidelines on Promoting
Responsible Investment in Food, Agriculture
The investment environment and Forestry (ASEAN RAI) are grounded in the
in the Lao People’s Democratic CFS-RAI Principles and reflect the specificities
and characteristics of the ASEAN member
Republic states. The ten ASEAN RAI guidelines aim
Officially recognized land-based investments to promote increased investment in food,
in the agriculture and forestry sectors in the Lao agriculture and forestry that is socially,
People’s Democratic Republic accounted for economically, and environmentally sustainable
593 357 hectares, or 15.6 percent of arable land, and inclusive. “Responsible” investments
in 2017 (Hett et al., 2020). Investor-controlled land should contribute to regional economic
therefore represents a significant proportion of
development, food and nutrition security, food
the country’s productive capacity. With the Lao
safety and equitable benefits, as well as the
People’s Democratic Republic’s predominantly
rural population, these investments have big sustainable use of natural resources.
ripples in communities, so there is a pressing The CFS-RAI Principles can be viewed as an
need to increase both the quantity and quality extension of the Sustainable Development
of investments.
Goals (SDGs), and so the promotion of RAI in
In the early 2000’s it emerged that many the Lao People’s Democratic Republic is an
large investments were non-compliant inroad to also achieving the SDGs.
2
Creating an enabling level departments (working on planning,
agriculture and forestry, industry and

environment for commerce, natural resource and environment,


and justice) was designed and implemented

responsible investment in collaboration with Helvetas with the


support of provincial officials.

in agriculture in the Lao After the learning programme, an online


workshop for civil society organizations was
People’s Democratic organized to discuss and agree on lessons
learned, achievements, challenges and
Republic priorities for future work around RAI1.
The outcomes of a 2021 survey to gauge the
The task of mainstreaming the RAI principles current perceptions on RAI in the Lao People’s
in the country has involved a dynamic Democratic Republic were presented at the
collaboration with government, civil society 2021 National Multi-Stakeholder Dialogue
organizations and development partners. on RAI, which convened more than 150
The key areas of FAO’s work to enhance stakeholders. The survey was organized by
the enabling environment for responsible the country’s Ministry of Agriculture and
investment in agriculture have been Forestry as well as the Ministry of Planning
awareness raising, targeted training based and Investment, and FAO, the German Agency
on capacity needs and the promotion of for International Cooperation and the Mekong
multi-sectoral stakeholder engagement and Region Land Governance project. 
dialogue.
The enabling environment -i.e., the combined 1Many civil society organizations participated, in particular the
institutional, legal, policy and incentive Sustainable Agriculture and Environment Development Association
(SAEDA), the Lao Development of Human Resources in the Rural
frameworks- is one of the main determinants Areas Association (LaoDHRRA), the Rural Research and Development
of investment volumes and outcomes. Promoting Knowledge Association (RRDPA), the Coalition for Lao
Information, Communication and Knowledge (CLICK) and the
It requires coherence, consistency and Lao Farmer Network (LFN). Two international Non-Governmental
predictability among policies, laws and Organizations, Village Focus International and Oxfam, have also
been important actors in this process.
regulations in a range of areas related to
agriculture and food systems. Each country
requires a tailored approach; this is why
activities in the Lao People’s Democratic
Republic started with a capacity assessment
workshop aimed at understanding to what
extent Lao policies, laws, plans and strategies-
that foster an enabling environment for RAI
are in place and are being implemented, and
what were the main needs in terms of learning
for government entities.
Based on the priorities identified, the
learning programme titled “Involving local
communities in agricultural investment”
targeting representatives of district-

3
Results of the survey on stakeholder perceptions about RAI carried out in
2021 with 382 respondents
Chemical use and waste management

What are the five


Labour topand
health issues or problems
safety regarding
and working RAI in the Lao People’s Democratic Republic?
conditions,
employment rights related issues
Chemical
Inadequate use and waste
consultations (FPIC)management
with villagers

Labour Land
health and (on
leases safety and working
non-state conditions,
land) related issues
employment rights related issues
Weak monitoring of investment obligations
Inadequate consultations
(eg.,social (FPIC) withstandards)
and environmental villagers
0 50 100 150 200 250
Land leases (on non-state land) related issues Number of responses

Weak monitoring of investment obligations


(eg.,social and environmental standards)
0 50 100 150 200 250
Number of responses
Source: Responsible Agricultural Investment (RAI) in Lao PDR - Survey 2021, FAO.

TOP SURVEY RESPONSES ON HOW TO IMPROVE RAI IN LAO PEOPLE’S DEMOCRATIC REPUBLIC

TOP SURVEY RESPONSES ON HOW TO IMPROVE RAI IN LAO PEOPLE’S DEMOCRATIC REPUBLIC

Clearing up roles Investment project


Preferential and responsibilities monitoring, Creating greater
policies and in law and especially of transparency in
incentives to regulation environmental government
promote RAI enforcement issues decision-making

Clearing up roles Investment project


Preferential and responsibilities monitoring, Creating greater
policies and in law and GOVERNANCE especially of transparency in
incentives to regulation environmental government
promote RAI enforcement issues decision-making

GOVERNANCE
Monitoring and
Institutionalization evaluation
of mandates mechanisms and Context-based
Review and revise and budget databases for capacity building
the legal provisions for grievance redress and awareness
framework implementation and transparency raising on RAI

Monitoring and
MULTI-STAKEHOLDER DIALOGUE RESOLUTIONS FOR MOVING FORWARD ON RAI
Institutionalization evaluation
of mandates mechanisms and Context-based
4
Review and revise and budget databases for capacity building
the legal provisions for grievance redress and awareness
In his address at the 2021 National Multi- and local levels of government by raising
Stakeholder Dialogue, Mr Vilayhyak awareness, and disseminating the relevant
Chanthalath, deputy of the Department of policies, laws and legislations to enable the
Planning and Cooperation (DoPC) in the cohesive implementation of the existing
Ministry of Agriculture and Forestry, reiterated legal framework. He also talked about the
the importance of the work FAO and DoPC importance of multi-sectoral coordination and
have been collaborating on. Namely, this is cooperation within and between ministries
improving coordination between the central and between the central and local levels.

©FAO

5
Empowering key
agents to work for
change
FAO’s approach to creating an enabling
environment for responsible investment
in agriculture and food systems focuses
on strengthening the capacities of
strategic actors. Given their roles in
implementing policies and regulations,
government officials and technical
government staff are catalytic to
accelerate commitment with RAI, and
in spearheading transformative action.
In the following pages, Mr Souvanthong
Namvong and Ms Sengmalaiphone
Phothisane, participants in FAO’s
Learning Programme, speak about their
experience with RAI, including how the
issue has evolved in recent years, the
progress made and the challenges that
still lay ahead.

©FAO/Xaykhame Manilasith 6
Introducing Mr
Mr Namvong has been involved in RAI for
over a decade and observes the importance
of RAI principles daily, considering it an
Souvanthog essential overarching element of sustainable
rural development. For this reason, he is

Namvong, a RAI frustrated by the low level of awareness on


relevant legislation and procedures among

veteran in the
government staff engaged in agriculture
investment processes.

Lao People’s “I hear that some provincial or district


officials process investment documents

Democratic in just a few days, but cross-checking


all the details should take longer than
that, especially by the land authority at
Republic the district level,” he said.
Under the Learning Programme participants
Mr Souvanthong Namvong has been engaged
learn the procedures necessary to
in several of the RAI activities under FAO
systematically locate and cross-check
support, as a co-facilitator and panellist. As the
deputy director of the Extension Information documentation with regulations and actual
and Market Engagement Division under conditions on the ground. This includes
the Ministry of Agriculture and Forestry’s conducting free, prior and informed consent
Department of Agricultural Extension and (FPIC), a process that ensures affected
Cooperatives, he is a well-versed specialist in communities take informed decisions on
technical training, green extension, capacity- whether to provide or withhold consent on
building, climate resilience and agribusiness. investment proposals.

7
©FAO
Three wins, three roles to play information and limited understanding
on the part of local government officers.”
Mr Namvong points out that “in the world Even when information on new legal
of agriculture investments, investors focus frameworks is disseminated to the local
on profits, so it is the role of government to levels through information campaigns
oversee and ensure safeguards to benefit the orchestrated by the central government, a
public and the people. very common observation from investors
is the inconsistency in interpretation of the
“Since RAI is a new concept for local same legal framework from one province or
government, their understanding district to another. This often happens when
is limited and the same issues and the legal framework and implementation
challenges will continue to surface until guidance does not contain enough practical
their capacities to manage investment information for implementation.
processes are enhanced.”
Mr Namvong laments the disconnect between
He sees how building capacity and rolling local and central levels of government, where
out the RAI principles at local levels can local levels deal with the everyday realities
have an impact on breaking the cycle of of problems rising from investments, but
poor investment outcomes. He is striving policies and legal frameworks issued by
for a ”win-win-win” scenario, where the three the central government do not practically
main stakeholders – government, the private address the local issues enough. The Learning
investor and communities – can all win from Programme model contributes to addressing
investments. this disconnect by using practical, local RAI
related cases to unpack the RAI principles
Speaking at the Learning Programme, Mr
together between different levels of
Namvong said: “Capacity-building, like we are
government. With these processes in place,
doing now, is critical in helping the government
perform its roles. This type of support from the gaps and inconsistencies can be plugged.
FAO and others helps to strengthen the To achieve transformative change, Mr
government’s ownership of the RAI principles.” Namvong identifies the latent potential of
The Learning Programme engaged government youth. He advises RAI practitioners:
officials from central to provincial to district
levels in facilitating exchange and extension “Something very important in promoting
in the learning experience. RAI is training more young people.
Youth can become agents of change.
Bridging the gaps and When they know what and how, they
are likely to pass that knowledge on to
connecting the dots others. I have been involved in many
The Lao People’s Democratic Republic’s capacity-building programmes to help
legal and policy framework on investment the younger generation to have a better
promotion has received much attention understanding of RAI.”
in recent years. While many agree that the
framework includes various important He agrees with the growing body of evidence
elements, others also see that there is much that youth are more entrepreneurial and
work to be done in its dissemination and progressive in agricultural endeavours. These
implementation on the ground. Mr Namvong qualities are what is needed to modernize
cited an example of the legal framework practices, improve sustainability and
around social and environmental safeguards, diversify the rural economy. In turn, these
noting that while the legal framework is developments are what will incentivize youth
there, “safeguards are rarely implemented to stay in rural communities and reverse rural-
effectively, due to limited access to relevant urban migration trends.
8
Guidance for moving forward on the ground, as it gives practical instructions
on the implementation of national laws and
Mr Namvong highlights Instruction 0457/ decrees related to agricultural investments.
MPI, titled “The Instruction on Investment The ASEAN RAI, CFS-RAI Principles and VGGT
Approval and Land Management Mechanism (Voluntary Guidelines on the Responsible
for Leasing or Concession to Cultivate Crops.” Governance of Tenure) are very useful
It was introduced in 2019 to be an effective references, but they are guidelines, not laws
tool in bridging the gap between staff or policies. FAO should have more projects
knowledge of regulatory frameworks and their directly promoting RAI with government,
responsibilities relating to land investments. especially at the implementation level,” he
“I really hope it continues to be implemented said.

9
©FAO
Positive impacts of monitoring and inspection, allowing for only
two visits a year per plantation.

improving the Although limited, this monitoring combined


with policy implementation through the
regulatory project management agreements have
improved compliance with environmental
framework: and social impact standards, according to
PPI. In particular, through these processes,
a success story some investors have put more emphasis on
upgrading skills and providing employment
contracts that comply with labour laws.
One of the experiences shared at the 2021
Additionally, the dissemination of legislation
National Multi-Stakeholder Dialogue was that
to government officials, investors and
of the Provincial Department of Planning and
landowners led to tri-partisan engagement,
Investment (PPI) of Luang Prabang province.
which has improved transparency and access
The PPI reported that the promulgation
to information and raised awareness about
of the aforementioned Instruction 0457/
investment approvals processes. These
MPI clarified the regulatory environment,
developments provide examples of how a
providing the leverage and tools needed to practical legal framework with monitoring and
more systematically manage investment engagement has enabled more responsible
processes. Importantly, Instruction 0457/ management of agricultural investments.
MPI stipulates that guarantees for land
rehabilitation, waste removal and monitoring Despite 0457/MPI being a major step
are to be paid by investors. This, in combination forward, there is room for better enabling
with the tools and knowledge imparted by a the operation of the guarantee system, such
growing awareness of RAI, has assisted PPI as around coordination of mandates, the
in improving the quality of investments in stablishment of collaborative mechanisms
Luang Prabang. for sharing information, and the arrangement
of financing for monitoring and enforcement.
Through negotiations with companies, the PPI This demonstrates how revision of the existing
developed project management agreements. legal and regulatory framework can further
These define responsibilities, monitoring improve outcomes. PPI has dealt with this
and inspection fees per hectare, and natural ambiguity by developing their own systems
resources and water use fees. However, these for financing monitoring and enforcement in
fees are divided between five government a show of institutional initiative, informed by
agencies that have responsibilities tied to a growing familiarity with RAI.

10
©FAO
Introducing Ms
term RAI. The term we use is sustainable
development,” she said.

Sengmalaiphone This provides reassurance that the Learning


Programme is building the capacity of
government staff to grasp the integrated
Phothisane, a RAI nature of sustainability, food security and
human rights at the policy implementation

new comer level. “The training helped me gain a better


understanding of agricultural investment
and broadened my perspectives. Now I look
Despite working seven years as an agriculture for the “win-win-win” scenario more,” Ms
officer at the Provincial Agriculture Investment Phothisane said, alluding to the scenario that
Department in Vientiane province and being Mr Namvong of the Ministry of Agriculture and
actively engaged in investment processes Forestry had referred to.
daily, Ms Sengmalaiphone Phothisane
had only heard about RAI briefly while at
university. Since participating in the Learning Solutions-based training
Programme, she has been drawing parallels
between environmental sustainability, her Ms Phothisane identified compensation of
work in investment processes and the cross- communities when their land is requisitioned
cutting nature of RAI. for development purposes to be one of
the biggest challenges surrounding land
“RAI may be applicable to what we’re investments that she faces in her work.
currently doing, but we don’t use the “Often, people are not happy with the proposed

11
©FAO
rate for compensation,” she lamented. “The The issue of consent is another challenge
issue is very complex, and involves many Ms Phothisane encounters frequently in her
stakeholders, but a better process to ensure work. “When the government reallocates land
fair benefits to the three main stakeholder to investors, I see that there are challenges
groups needs to be sought.” obtaining consent from the people. I think it
is a good idea to get people to agree and be
She said: “The Learning Programme involved in all processes of development.
helped me realize the importance of The main objective of development is to help
checking what exactly farmers have the people. To do this, the government and
agreed on. Issues often arise when the people have to be moving in the same
farmers and investors sign agreements direction,” she said.
without fully understanding the content.
This realisation was triggered as she was
Farmers also often do not understand introduced to the principle of free, prior
government development policy, partly and informed consent. This a bottom-up
due to a lack of communication from participatory process to engage communities
the government side, so awareness in dialogue prior to a project’s commencement
raising for farmers in particular should to give or withhold consent for it to proceed.
be a priority.” While not new in the civil society world, this
is a relatively underutilized approach in
She now sees that government has the
government processes, as Ms Phothisane
greatest weight of responsibility in investment
relates.
scenarios to bring about a “win-win-win
scenario” for government, investors and “The investment steps are: a feasibility
communities. “Government is the mediator study is conducted by the investors, the
in investment processes.” Understanding RAI government reviews it. If acceptable, the
is crucial, especially during negotiations,” she government presents it to the affected
said.
people. But how can a feasibility study
be done if a community hasn’t agreed
Small changes that make a big to the land being reallocated in the first
place?.”
difference
FPIC approaches are undertaken in reverse:
From the Learning Programme, Ms Phothisane The feasibility study is conducted with the
identified one tool in particular as something affected stakeholders.
she could immediately implement to improve
the outcomes of her work. She observed that Since the Learning Programme, Ms
focus group discussions could be effective in Phothisane sees how tools such as focus
compensation disputes where it is primarily group discussions and FPIC can be used to
women who have grievances. “Women achieve the three wins: “If the people oppose
often deal with household issues, including the investment, it is the government’s role to
expenses for health and education,” she said. encourage the people. Not force them, but work
Segregating the men and women in focus with them.” Change is a stepwise process,
group discussions allows the women to and with the right tools and knowledge it
more freely express their concerns about how is evident that every step comes closer to
investments might affect their livelihoods. realizing more responsible investments. To
“This is a better method for getting different further operationalize FPIC, stakeholders
types of feedbac,” she acknowledged. need transparency in investment processes,
This process enhances efforts to mitigate particularly the application process. This
potential negative impacts on households by discussion also featured prominently in the
investments. 2021 National Multi-Stakeholder Dialogue.
12
Looking ahead to continue Ms Phothisane’s outlook regarding
developments in the agricultural investment
learning realm in the Lao People’s Democratic Republic
is positive. “The policy arena is evolving
Ms Phothisane sees that positive
and slowly filling gaps. The capacities of
developments are occurring due to the
government staff are improving through
collaborative relationships between
trainings, workshops and study tours, which
government, development partners, the
is improving governance. Along with practical
private sector and communities. The appetite
experience, this is enabling them to better
to build on these gains is also strong, but she
implement a more stringent regulatory
said: “The course is too short. We need more
environment,” she said.
training. My boss also expressed interest in
joining after I informed him of what the topic This sentiment was also mirrored by Mr
was about. I want to learn more and I think Namvong, who conclude: “If I can, I would ask
people from my office should also know and for many more dialogues on RAI, land and
learn more about RAI.” forests. They are needed at all levels.”

13
©FAO
Bibliography and ILO (International Labour Organization).
2022. Employment by sex and economic activity

references – ILO modelled estimates, November 2019. In:


ILOSTAT explorer. Geneva. Cited 5 May 2022.
www.ilo.org/shinyapps/bulkexplorer40/
ASEAN Technical Working Group on ?lang=en&segment=indicator&id=
Agriculture and Research Development. 2018. EMP_2EMP_SEX_ECO_NB_A
The ASEAN Guidelines on Promoting Responsible
Investment in Food, Agriculture and Forestry. Lao People’s Democratic Republic.
Hanoi, ASEAN. The Instruction On Investment Approval and
www.aseanraiguidelines.org/_files/ug- Land Management Mechanism For Leasing or
d/782512_33e857b214ac4d26bef76473ac- Concession to Cultivate Crops, 2019.
b2e959.pdf World Bank. 2022. Agriculture, forestry, and
Committee on World Food Security. fishing, value added (% of GDP). In: World Bank
2014. Principles for Responsible Investment in Open Data. Washington, DC. Cited 5 May 2022.
Agriculture and Food Systems. Rome, FAO. https://data.worldbank.org/indicator/NV.AGR.
TOTL.ZS
FAO, IFAD (International Fund for
Agricultural Development) and WFP (World
Food Programme). 2015. Achieving Zero Hunger:
the critical role of investments in social protection
and agriculture. Rome, FAO.
Hett, C., Nanhthavong, V., Hanephom,
S., Phommachanh, A., Sidavong, B.,
Phouangphet, K., Lu, J., Shattuck, A.,
Ingalls, M., Bernhard, R., Phathitmixay, S.,
Phomphakdy, C., Heinimann, A. & Epprecht,
M. 2020. Land Leases and Concessions in the Lao
People’s Democratic Republic: A characterization
of investments in land and their impacts. Bern,
Switzerland, Centre for Development and
Environment (CDE), University of Bern, with
Bern Open Publishing.

14
With financial support from

Partnerships and UN Collaboration Division – Responsible Agricultural


© FAO, 2022, Last updated 06/07/2022

Investments, Learning, and Scientific Information Unit


Responsible-investment@fao.org
https://www.fao.org/in-action/responsible-agricultural-investments/en/
@FAOInvest
CC0214EN/1/05.22

Food and Agriculture Organization of the United Nations


Cover photo: ©FAO

Rome, Italy

Some rights reserved. This work is available


under a CC BY-NC-SA 3.0 IGO licence

You might also like