19/06/02

 

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)

  • Suspension of logging: After the failure of the forest concessionaires to prepare and submit SFMPs at the end of September 2001, the Prakas No. 5721 was issued by the RGC to suspend all logging activities since 01/01/02. However there have been reports of continued logging activity in some concession areas and the transport of logs cut in 2001 has been continuing in 2002. Strong vigilance on the part of the government is required to properly monitor this activity to ensure legitimate operations. The WGNRM urges that consistent with the Sub-decree on Forest Concession Management and other laws, concessionaires found in violation by the FCMU (cf. below) have their concession contract terminated immediately and be banned from any future involvement in the forestry sector.

  • Resumption of exploitation: The goal of forest sector reform, set by the RGC, is to move from anarchic, inefficient, and destructive exploitation of the forests to sustainable, efficient and nationally profitable management of the forest resources. To achieve this, the RGC has requested concessionaires to prepare and submit ESIA and SFMPs for their respective concessions. It is the WGNRM’s understanding that some forest management plans have been submitted and are being evaluated by DFW. These, and the criteria for their evaluation, should be made public when submitted. The WGNRM recommends that the resumption of forest exploitation should only be allowed once the concessionaire has presented an adequate ESIA and SFMP and these have been evaluated and approved. To ensure transparency and quality of the process the WGNRM recommends that these documents be reviewed by an independent panel of experts consisting of both Representatives of the concerned National Institutions and one observer of the WGNRM to make recommendations to RGC for approval. This panel should be established as soon as possible. Concessionaires, who do not submit plans or those found unacceptable by the Panel, should be banned and their concession canceled not later than 31/12/02.

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 

  • scattered in remote areas in the forest. They target luxury quality wood impoverishing the natural forest and endangering the biodiversity, which neither contributes to the national economy nor benefits the local community, except the loggers themselves.

  • members of the RCAF have been reported to be actively involved in illegal logging and grabbing forestland in various areas.

  • despite the moratorium decided by H.E the PM, the cutting of resin trees, on which the livelihoods of the forest dependant poor and indigenous people depend, continues and there are frequent complaints from local communities.

  • moreover, we have raised recent cases of illegal logging within the GAT concession. Recent investigations by the Independent Monitor and FCMU have furthermore established strong evidence of violation of moratoria by Pheapimex. WGNRM urges the RGC to take appropriate and definitive action against the violators.

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:

- Poverty alleviation through the increase of food security and local revenue generation
- A better contribution to the Government budget
- A better protection and management of the environment

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

  • Community Fisheries Management Community fisheries is currently being developed in many locations throughout the country. The WGNRM applauds the RGC on the release of commercial fishing grounds to local communities. However, the WGNRM urges the RGC to clearly demarcate the boundaries of the remaining fishing lots to avoid future conflicts (GPS coordinates should be made public). Supporting legislation for community fisheries is also needed. The current sub-decree on community fisheries has numerous short comings and does not yet provide the required basis for implementation in the field and would do more damage than good in its present form. The WGNRM strongly recommends that the sub-decree for community fisheries be recalled and subjected to additional stakeholder consultation before finalization and submission for approval.

  • Fisheries Concessions Some 417,000 hectares of fishing grounds remain within the commercial fishing lot system. Reform in this sector is urgently needed to: 1) ensure transparent and fair allocation of fishing lots, 2) ensure responsible management of the forest and fish resources by the lot operators through revision of the burden books and proper supervision of operations, and 3) to stop all sub-leasing of lots by lot operators (may need to divide the lots into smaller units).

  • Protection and Conservation DoF staff must work to ensure habitat protection and elimination of destructive fishing practices. Empowerment of communities within community fisheries to protect their resources is essential. Proper supervision and management of fishing lots to eliminate illegal fishing practices is essential. DoF staff must police the open fishing areas, eliminate destructive fishing practices and stop all clearing of inundated forest habitat. The WGNRM recommends that the RGC establish and manage a proper fish sanctuary system to conserve brood stock in strategic locations.

  • Training of Fishery Officers The fisheries reform process requires a re-orientation of fisheries control officers to serve as facilitators within the community fisheries development program. A large number of trained staff are currently needed within the community fisheries sector. The WGNRM urges that appropriate staff be identified and trained to undertake the important task of community fisheries development. Training and capacity building of fishery staff should be a priority for both the RGC and the Donors.

  • Marine resources Cambodia is fortunate to have a wealth of marine resources which can be developed to provide a greater contribution to food security, revenue generation and local as well as national development. Numerous destructive fishing practices and over-exploitation by foreign fishing vessels have been reported which threatens this valuable resource. The WGNRM recommends that the RGC place a greater emphasis on marine resource management, eliminate destructive fishing practices, and formulate a development plan which involves the participation of the coastal communities.

 

Performance Indicators for the Sustainable Management of Natural Resource
Prepared for the 2002 Consultative Group Meeting on Cambodia
19 - 21 June 2002     Phnom Penh, Cambodia

DATE: 19 June 2002

Millenium Development Goal for Ensuring Sustainable Environment in 2015:
Integrate the principles of sustainable development into country policies and programs and reverse the loss of environmental resources. 

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.

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