|
|
CAMBODIA CONSULTATIVE GROUP (CG) MEETING Phnom
Penh, Cambodia, June 19 - 21, 2002 Key
Reform Issues in Forestry and Fishery Sectors On behalf of Donors’ Working Group on Natural Resource Management (WGNRM) |
|
The Donors’ Working Group on Natural Resource Management (WGNRM) remains concerned regarding the too limited progress with key reforms within both the forestry and fishery sectors. The WGNRM acknowledges the achievements attained during the past few years in reducing anarchic activities and in improving management within both sectors, but wish to stress that, in order to achieve the desired objective of sustainable management of natural resources in support of Cambodia’s economic growth and poverty reduction there are many more tasks to be fulfilled. Poverty reduction in Cambodia is dependent on better management, equitable access and rational use of agricultural, forestry and fisheries resources for the benefit of the whole nation. To ensure better management of and access to these natural resources, active and meaningful participation of local communities is essential. The WGNRM strongly endorses and encourages the development of both community forestry and community fisheries policies, legislation and implementation. Since the last CG meeting in Tokyo, although progress has been made, much remains to be done in the development of both the forestry and fisheries sectors. I. FORESTRY SECTOR REFORM The
Donor Community is still very concerned with the reform process in the
forestry sector. Forestry concessionaires were expected to have submitted
sustainable forest management plans (SFMP), including environmental and
social impact assessment (ESIA) for their concessions by September 2001.
This did not happen. The WGNRM agrees fully with the issuance of
Declaration (Prakas) No. 5721, December last year, suspending all
the logging activities in forest concessions until the concessionaires
have submitted acceptable SFMP. Since the January 16 meeting of Government
and donors this year, there has been no significant progress towards
sustainable forest management. On the contrary, there are worrisome
reports of continued and more widespread illegal logging within some
forest concession areas. Limited public information or disclosure has
contributed to mistrust and even confrontations amongst stakeholders and
limited the ability of Cambodia’s development partners to work
constructively with the RGC to address the significant challenge of forest
reform. 1. Sustainable Forest Management Plans (SFMPs)
2. Case Tracking System (CTS) and sanctions for offenders
The WGNRM urges the DFW to maintain and utilize the CTS to ensure
transparency and efficiency in the investigation of illegal logging
reports.
At the same time, the Donor Community urges that the RGC take prompt and
appropriate action against offenders of illegal logging. Since October
2001, there are still 34 cases submitted by the Independent Monitor of the
FCMR that have not been appropriately investigated and addressed by the
DFW. Prompt action and greater transparency on the part of the DFW is
required.
3. Geographic Information System (GIS)
Effective monitoring of harvesting operations is essential and depends on
the periodic acquisition interpretation and mapping of satellite imagery
and on the establishment of an accurate and accessible GIS database for
forest concessions and other lands of the permanent forest estate. Such a
facility would increase transparency and build up trust among the
stakeholders. In order to have baseline information, the WGNRM urges
the Government to support the implementation of a forest cover survey and
forest classification.
4. Illegal logging activities Various illegal logging activities have been reported and the WGNRM urges the RGC to take immediate and appropriate action to stop the following: illegal harvesting reported in the forest along the borders. This medium scale activity appears extensive using sawmills
5. Deforestation for establishing other activities The
WGNRM is concerned to see the devastation at a very large scale undertaken
by the logging concessions in order to establish agro-industrial
plantations. Large areas of primary forest have been reduced to bare soil.
The example of converting the forest to rubber plantation in Kompong Thom
province is particularly significant. Local villagers, who in the past had
depended largely on the harvest of forest products, are severely affected,
and it will be necessary to ask for supplementary food aid for those
people whose sources of income have been deprived. The WGNRM urges the RGC to conduct ESIAs to international standards, and make the results public, before approving concessions and launching operations of such magnitude that have a serious impact on the environment (erosion) and local populations (depletion of livelihoods). Moreover, the WGNRM recommends that RGC temporarily stops the current deforestation and that the RGC identify irreversibly degraded areas for conversion, in accordance with a publicly available land use plan. Moreover the WGNRM recommends that the clearing should be undertaken at the same rate that the planting. 6.
Inspection and Verification: Forest Crime Monitoring and Reporting Unit The
WGNRM recommends that the RGC improve the monitoring and reporting system
for forest management.
Currently there are many questions concerning the inspection and
verification of reported forest crimes in the field. Forest crime
monitoring and reporting requires a strong degree of independence. DFW as
an institution works closely ‘with the forest concessions and appears
unable to provide such independence. WGNRM recommends that the
institutional framework for inspection and verification be re-evaluated,
and requests the two Ministries (MAFF and MoE) to commission an
independent national entity to carry out inspection and verification
functions on their behalf. Taking into account the possible lack of
capacity, the WGNRM could be requested to assist the designated partner
with training and equipment. Based on the difficulties encountered by the
FCMR Project and the experiences gained so far, the WGNRM strongly
recommends the appointment of a National Director for the FCMRP from an
Authority not directly involved in the forest sector. The WGNRM strongly
recommends that the findings and reports of the FCMU must represent the
official position of the Government. 7.
Legislation The
preparation of the Community Forestry Sub-decree underwent an extensive
public consultation process under the supervision of the Community
Forestry Task Force. The Sub-decree has been forwarded to DFW for an
internal review. There are some concerns that DFW might make further
changes to the Sub-decree that would undermine the public consultation
process. The WGNRM urges the approval of the Community Forestry Sub-decree
as submitted to the DFW in February 2002 by the Council of Ministers. If
any changes are made to the Sub-decree they should be made transparent and
adequate time should be provided for concerned stakeholders’ response. II. FISHERY SECTOR REFORM The
main goal of the fishery reform process is to ensure the sustainable
management of Cambodia’s fishery resources in order to achieve:
1. Fisheries Legislation and Policy Reform The
new Fisheries Law forms the basis for all fisheries management in
Cambodia. All other fisheries legislation such as the community fisheries
sub-decree cannot properly proceed without this foundation. Presently
there is a vacuum in terms of legislation which enables unsustainable,
corrupt and destructive practices to continue which endanger the resource
base.. This situation must end. The WGNRM urges the RGC to accelerate the
finalization of the fishery law as soon as possible and to develop an
appropriate Master Plan for the sector. 2.
Fisheries Management
|
Performance
Indicators for the Sustainable Management of Natural Resource DATE: 19 June 2002 Millenium
Development Goal for Ensuring Sustainable Environment in 2015: |
|||
Long term Objectives |
Immediate Objectives | Activities | Target/Indicators |
Forestry Sector | |||
A.
Sustainable forest management practices are instituted. |
1.
Expedite the process of rationalizing forest concession management. |
a.
Conduct a comprehensive forest resource Inventory based on satellite data and aerial survey. |
i.
Inventory work commences in selected forests before December 2002 and the whole country completed by December 2003. |
b.
All eligible forest concessions submit sustainable forest management plan to DFW by 1 September 2002. |
i.
Submission of sustainable forest management plans to DFW and an independent evaluation. |
||
c.
Concession management plans are made public prior to approval and affected stakeholders are being consulted. |
i.
Stakeholders feel their interests respected and endorse the planned activities. |
||
ii.
Management plans are in line with the draft policy guidelines and ESIAs approved for all management plans. |
|||
d.
Selected review panel conducts a thorough review of each management plan before permitting the concessionaires to operate. |
i.
All plans reviewed and decisions taken to cancel contracts, accept plans or seek additional information |
||
e.
All concerned Stakeholders are being consulted during renegotiations of forest contracts. |
i.
Stakeholder meetings are held for each contract renegotiations. |
||
f.
Decision on the cancellation of forest concessions deemed unsustainable and economically not viable will have been made by 30 November 2002. |
i.
RGC issues cancellation of not viable forest concession agreements by 31 December 2002 |
||
ii.
DFW presents management proposals for cancelled concessions. |
|||
g.
Legally and illegally cut logs in all forest concessions are inventoried, and tracking system to ensure the chain-of-custody of logs are instituted. |
i.
Dissemination of inventory report on log stockpiles. |
||
ii. Log tracking system is operational. | |||
iii.
Independent verification of inventoried logs |
|||
2.
Transparency in the movements of logs and royalty payments, consistent with Prakas No. 5721. |
h.
DFW issues public notification in advance of the amount of logs are permitted to transport by a logging company. |
i.
All log transportation permit data is made public through a public notification program and verified independently. |
|
ii.
Royalty payment report is hared with relevant donor and made public. |
|||
iii.
Report of the Ministry of Economy and Finance on forest royalty payment is verified independently. |
|||
B.
Forest crime monitoring and reporting program operates in a highly effective and independent manner. |
1.
Improve verification system and working relationship between project staff and independent monitor. |
a.
Procedures are developed and applied for timely response to forest crime reports. |
i. Investigation procedures are approved. |
b.
Response time to investigate report of forest crime by the DFW and DI is limited to 14 days |
ii.
DFW completes investigation of forest crime reports within a month of notification. |
||
c.
Forest crime case tracking system is maintained up-to-date and made available to the independent monitor. |
iii.
Forest Crime Monitoring and Reporting Unit (FCMU) and independent monitor conduct joint field investigations. |
||
d.
The forest crime monitoring and reporting project cooperate to conduct joint field investigation with the Independent Monitor and other interest organizations and share relevant information. |
iv.
Cases are documents to the public, violator of the law are prosecuted. |
||
v.
FCMU, independent monitor and other concerned parties meet regularly to share information and review cases. |
|||
2.
FCMU functions with full independence. |
a.
The roles, responsibilities and office of the FCMU are transferred to another national authority. |
i.
Staff or FCMR as well as Independent monitor are given full and unrestricted access to all forestry concessions, forest lands, and wood processing facilities. |
|
ii.
Normination of a National Director entrusted with Strong T.O.R |
|||
C.
Legal frameworks for the forestry sector are in place for the implementation of sustainable forest management. |
1.
National Forest Policy is developed in full consultation with concerned stakeholders. |
a.
The draft National Forest Policy is submitted to the Council of Ministers by 30 June 2003. |
i. Council of Ministers adopts the National Forest Policy in the last quarter of 2003. |
2.
Draft Forest Law is approved by National Assembly and signed into law by 31 August 2002. |
a. DFW presents briefs on the new law and informs the public. | i.
New law is implemented in the provinces and local staff can understand and explain the law |
|
ii.
Dissemination and awareness campaigns are implemented. |
|||
3.
Expedite internal review of the draft Community Forest Sub-decree, and the review process is made transparent to stakeholders through the Community Forest Task Force. |
a.
Hold stakeholders consultation to discuss any changes made during the internal review of the draft sub-decree. |
i.
Consultation meetings took place, if changes were made to the sub-decree. |
|
3.
Draft Community Forest Sub-decree approved by the CoM and signed into law by 30 September 2002. |
a.
DFW organizes training for its staff for implementation of the new sub-decree and makes public announcements on the sub-decree. |
i.
Community forestry offices are organized and staffed in each province. Commune councils informed on new sub-decree. |
|
4.
Take stock of Cambodia's permanent forest estate (PFE) with a view to initiate participatory rational forest land management. |
a.
Definition of state forest land is agreed upon. |
i. Report of initial findings. | |
b.
Review of PFE is initiated in 3rd quarter of 2002. |
ii.
Preliminary base-line boundaries are established. |
||
iii. Stakeholder consultations initiated. | |||
Fisheries Sector | |||
A.
Successful implementation of the Prime Minister's (PM) Order of October 2000 utilizing sustainable fisheries management practices. |
1.
Develop responsible and productive management of released fishing grounds by local communities. |
a.
Establish community fisheries offices in each concerned province and training of staff to serve as facilitators in each province. |
i.
Provincial officers are equipped and staffed with trained staff who understand community fisheries. |
b.
Facilitate community organization and management of released fishing grounds and other appropriate areas. |
ii.
All areas released from commercial fishing lots are managed under community fisheries by 1st October 2003. |
||
2.
Establish provincial community fisheries coordination committees to guide the development of the program and to resolve conflicts. |
a.
Provincial Governor serves as "chairman" and members are selected from concerned district governors, commune chiefs, and other stakeholders. |
i.
Regular meetings are held and minutes sent to the DoE and MAFF. |
|
b.
Establish communication protocol between the coordination committee and community fisheries organizations |
ii. Decrease in reported conflicts | ||
3.
Promote transparency in commercial fishing lot operation. |
a.
New burden books are drafted in consultation with local communities. |
i.
Reduced conflicts between fishing lot and local people. |
|
b.
The auction of fishing lot in 2003 in conducted in a public and transparent manner with independent observers. |
ii.
Lots are awarded in a fair manner to the highest bidder. |
||
B.
Legal frameworks for the fisheries sector are in place for the implementation of sustainable fishery management. |
1.
Draft the Fisheries Law in full consultation with concerned stakeholders. |
a.
DoF initiates at least four stakeholder consultations. |
i.
Stakeholder consultations had been held. |
b.
DoF submits Draft Fisheries Law to MAFF in last quarter of 2002 |
ii.
Draft law had gone through the legislative process in a timely manner as shown in the "activities" column, with public comments are invited at each step of the process. |
||
c.
MAFF submits Draft Fisheries Law to Council of Minister in second quarter of 2003. |
|||
d.
Council of Ministers submits draft law to National Assembly for deliberation 31st August 2003. |
|||
2.
Draft the Community Fishery Sub-decree in full consultation with concerned stakeholders. |
a
DoF submits Draft Community Fishery Sub-decree to MaFF in last quarter of 2002. |
i. Stakeholder consultations held. | |
b.
DoF submits Draft Community Fishery Sub-decree to MAFF in last quarter of 2002. |
ii.
MAFF reviewed and incorporated appropriate public comments, and submitted it to Council of Ministers in the first quarter of 2003. |
||
c.
MAFF submits the draft sub-decree to Council of Ministers in first quarter of 2003 for deliberation and endorsement. |
iii.
Council of Ministers deliberated and endorsed the sub-decree by 31st August 2003. |
|
Home | 6th CG Meeting | Agenda | Contents| List of Participants | Position Paper | DCR | Partnership | Government | Donors | Download | Map | Photo |