FIRST QUARTERLY PROGRESS REPORT
 OF THE JOINT TECHNICAL WORKING GROUPS
For the Period:  December 2004- February 2005

This quarterly progress report from each Joint Technical Working Group is requested by the Secretariat of the Government-Donor Coordination Committee (GDCC) before 25 February 2005. It will be used to prepare a briefing note for the Second GDCC Meeting scheduled to be held on 7 March 2005. Please return the completed questionnaire to H.E. Chhieng Yanara at CDC in both soft and hard copy.

TECHNICAL WORKING GROUP (TWG):     Land
 

  1. Did the TWG prepare its Terms of Reference?           Yes  þ      No  ¨

  2. Did the TWG prepare an Action Plan?  Yes  þ      No  ¨  (if No, please continue to question 9)

If Yes:  When was the Action Plan approved by the TWG?  (date / month / year) 24 /02 /2005

  1. Since the 7th CG Meeting held in December 2004 how many times has the TWG met?   2 times

  2. Is the scheduling of activities in the Action Plan done by month/quarter?  Yes  þ      No  ¨

If No, please go to Q8, but first please identify the methodology that is planned to be employed by the TWG to monitor and report on progress made: .............................................................................................
.....................................................................................................................................................
 

  1. Please list below activities in the Action Plan that were scheduled to be implemented during the last quarter (December 2004 and February 2005).

  1. TOR for Land TWG Secretariat (December 2004)

  2. Hiring of staff (January 2005)

  3. Regular revision and updating of website (monthly)

  4. Drafts of sub decrees on ELC and State land management circulated to TWG members (January 2005)

  5. Comments on draft sub decrees provided to General Secretariat of Council for Land Policy (February 2005)

 

  1. Which of the activities listed in question 5 are being implemented as scheduled?

Activity (please use the same number as shown in Q5)

Comments, if any

TOR for Land TWG Secretariat (December 2004)
done
Hiring of staff (January 2005)
Hiring approved by H. E. Senior Minister, recruitment in process

 

  1. Please list the activities that are behind schedule, reasons for delay, and the TWG's recommendations for solving the problems.

 Activity
(please use the same number as shown in Q5)

 Reasons for Delay TWG's Recommendation
iii. regular revision and updating of website Waiting for establishment of secretariat of TWG Land Done by March 2005
iv. Drafts of sub decrees on ELC and Stateland management circulated to TWG members  (January 2005) National workshop was delayed from December to Feb 1. circulate  “main points to be included in Sub Decree on immovable property management” on Feb. 24
v.          Comments on draft sub decrees provided to General Secretariat of Council for Land Policy (February 2005) TWG did not get the drafts and consequently could not comment comments to be provided in April


If you answered "No" to Q4 then please complete Q8 below, otherwise please go to Q9.
 

  1. Please list below activities in the Action Plan that have been implemented during the last quarter (December 2004-February 2005).

Activity

 Comments, if any
   
Please use an extra sheet if you need more space.

 

  1. Is (are) there any Joint Monitoring Indicator(s) agreed at the 7th CG Meeting held in December 2004 that fall within the mandate of this TWG?  Yes  þ      No  ¨ (please go to Q11)

If Yes, please list the indicators below:
(i) Cross-cutting for Agriculture and Natural Resources Management 

The below mentioned indicators fall within the joint mandate of TWG Land and other TWGs. Special mandates of the TWG Land are highlighted in bold (further clarification on reporting responsibilities is needed).

1. Pass/enact key laws and sub decrees, governing natural resources management, including fisheries law, and community fisheries sub decree (rollover), state land management and economic land concessions sub decrees and enforcement of Article 18 of Land Law, that private sales transactions on state lands are illegal and hence should not be validated by officials. Joint development of a medium term sector strategy for agriculture, including irrigated agriculture, has been commenced by March 2005, with an overall policy and strategic framework completed by December 2005.
2. Maintain suspension/moratorium on logging, transport of logs (except those which have been already inventoried and for which royalties have been paid in full), and new economic land concessions pending completion of applicable review processes and/or legal framework.
3. Increase transparency of state management of natural resources through immediate public disclosure of existing contracts and compliance status (royalties and key provisions) of contracts governing land concessions, mining concessions, fishing lots and continued disclosure of status of review of forest concessions.
4. Application of sustainable management planning, including ESIAs, investor evaluations, consultation with local communities, public disclosure and comment period prior to entering into new contracts for private use/management of state managed natural resources (land, fisheries, forestry, and mines).
5. RGC disclose the location  and legal status and process for termination of mining concessions, Military Development Zones, economic land concessions and other development arrangements situated on forest land in protected areas and inconsistent with law governing management of these areas.

 

  1. What progress has been made toward achieving the targets of the Joint Monitoring Indicator(s) listed in Q9 above?
Joint Monitoring Indicator Progress Constraints Recommendation
Sub decrees on state land management and economic land concessions Participatory consultation process based on first drafts ongoing in February (to be continued in March), on national and regional levels, mostly through workshops Process takes time to acquire necessary knowledge and consent Continue process
Enforcement of Article 18 of Land Law regarding private sales transactions on state land Discussions ongoing Clear directions between MLMUPC and Ministry of Interior needed Set up working group on article 18 to draft policy and legal regulation (sub decree or parkas)
Contract expert to speed up
Indicators 1-5 Reporting on progress on indicators 1-5 requested by letters to MAFF, CLP and MLMUPC on Feb, 25. Initial uncertainty regarding reporting responsibilities GDCC has  to clarify reporting responsibilities

 

  1. Please list below activities in the Action Plan that are planned for the next quarter (March 2005-May 2005).

  1. Agree on program of workshop on agricultural structures and land reform (March 2005)

  2. Comments of the TWG-Members on the drafted sub decrees on State land management and economic land concessions provided to GSCLP (April 2005)

  3. Develop draft document on PBA/SWAP Land for review by stakeholders and submit proposal to CLP (May 2005)

  4. Comments on proposals on parkas / sub decree on Article 18 Land Law (May 2005)
 
  1. REPORT ENDORSED BY:
Signature:


Chairman, TWG

 Signature:
Donor Lead Facilitator
       
Name:

Sar Sovann

 Name:

Dr. Franz-Volker Müller
       

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