Section B. Forestry Sub-Sector Reform: Forest Management

1. Introduction CONTENT

The Government recognizes the seriously deteriorated conditions in forestry throughout the mid-1990s, posing serious governance problems and showing evidence of mismanagement and forestry related crimes, and has taken some measures such as the crackdown on illegal logging and the cancellation of concessions.  In addition, the Government has launched a number of policy measures to enhance governance in the forestry sector.  

The following are the governance issues and challenges the government planned to address in the GAP: 

1)      Bringing logging activities under control at a sustainable level;

2)      Developing a comprehensive legal framework for forestry development;

3)      Enhancing human resources capacity and financial and material means for forestry management. 

2. Summary of Progress in Forestry Reform

The following summary of progress was prepared in February-March 2002 as the basis for further NGO discussions on the reforms.

Many of the reform actions are in process, but concessionaires continue to be involved in illegal logging, and the “total systems failure” of the concession system continues.  A highlight of the forestry reform is the strong support given by the Prime Minister, without which the limited improvements so far witnessed would not have been possible. 

The progress report in the matrix below was prepared by the General-Secretariat of the Council for Administrative Reform (CAR) GAP monitoring unit in December 2001. The CAR received information on all reform areas in the GAP and summarized its findings in the progress report. The NGO Forum has made additional comments (in italics) to update the GAP progress report through interviews with donors, experts and technical persons in the field. 

Progress in Forestry Reform*

Actions to Take
ST: Short-term (within 1 year)
MT: Medium-term (in 2-3 years)

Current Status
(1) Publish quarterly the full report on forest crime monitoring (ST, MT)
Being implemented, but ineffective
Being done quarterly and annually; implementation of the FCMR Project Amendment Document and of the reporting protocol between RGC and donors and Global Witness is ongoing.  Agreement on second phase project document on forest crime and reporting signed with FAO and UNDP.  The Department of Forestry and Wildlife continues to block access to information required by the monitors, and has failed to follow-up on crimes reported.**
(2) Take actions based on the concession contract review (ST)

In process of implementing recommendations of review:

-   RGC has cancelled concessions covering some 2.4 million hectares; timber collection quotas of close to 673,000 c/m.

-   Developed and approved Sub-Decree on forest concession management, Code of Practices for Forest management; elements already completed such as Code of Practices for Forest Harvesting and Guidelines for Sustainable Forest Management and Forest Concession Management Planning Manual.

-   Renegotiation of New Forest Concession Agreement and preparation of New Forest Concession Agreement Plans are in process.

-   Implementing the Forest Concession Management and Control Pilot Project (LIL).

-   Effectiveness of comprehensive system of forest management and control procedures in forest concession areas being improved through the LIL.

Short-term and Long-term strategies to reduce forest crime being developed through the LIL and the Forest Crime Monitoring and Report Project.
(3) Implement a sub-decree on forest concession management, and a sub-decree on community forestry (ST)
In process

-   Sub-Decree on Forest Concession Management and Control being implemented;

-   DFW has completed a multi-institutional consultative process that resulted in a new draft Sub-Decree on Community Forestry consistent with other legislation to be submitted by MAFF to the council of Ministers in February 2002. The sub-decree is still with DFW, and additional changes have been made which were not agreed to by the Task Force and those consulted.

-   DFW is facilitating implementation of the Sub-Decree on Forest Concession Management.

DFW coordinates a number of organisations in organising Community Forestry in 144 places in 5 provinces and municipalities.
(4) Draft and submit a new forestry law to the National Assembly, after full consultation with stakeholders (ST)
Completed
Draft Law has been prepared in full consultation with stakeholders; it was submitted to the National Assembly and is expected to be adopted in the near future. However, NGOs still have a number of concerns.
(5) Build the capacity of the Forestry Department (including human resource development, and adequate financial and material means)  (MT)
In process

Starting in 2001, a 3 years overall Capacity Building Project was signed with Japan (JICA) incl.:

-   Identification of training needs;

-   Annual training plans and their implementation;

-   Establishment of a model site for the restoration of forest resources

Construction of training center and sites in provinces
(6) Provide training for officials at local offices of the Forestry Department on newly-adopted sub-decrees to ensure their proper implementation of laws, regulations and technology (MT)
In process
Integral part of the above Capacity Building Project.

 
(7) Consider establishing a single line of authority for forest management at the national level, to ensure proper and effective implementation of the forestry policy and good governance (MT)
Under consideration
Part of the restructuring of DFW and the new draft Forestry Law. However, the role of other concerned ministries, such as MoE and MLMUPC need to be fully recognised to protect a variety of interests and to ensure check and balance.

* Source: Council for Administrative Reform (December 11, 2001), “GAP Progress Report”
** Information in italics has been added, based on interviews or reviewing official documents/report.

3. Summary of NGO involvement in Forest Reform CONTENT

NGOs that have been involved in forestry issues in Cambodia include Global Witness, Oxfam GB, IUCN, WWF, NTFP, SADP, Concern Worldwide, the Forest Network of the NGO Forum on Cambodia and many local NGOs operating in or near forested areas. 

Forestry issues are of concern to both environment organizations and to community development NGOs, especially in relation to ensuring sustainable livelihoods for the many people whose subsistence depends on forested areas. 

The following are some of the areas of involvement of the NGOs regarding forestry reform: 

Research and documentation
-   Studies of forestry law and other sub-decrees.
-   Surveys on forest issues. 

Public Awareness and Education
-   Organising workshops to disseminate and discuss the draft Forestry Law, and the draft sub-decree on 
     community forestry.
-   Capacity building for community leaders on participation in legislative process. 

Investigations
-   Investigation of forest crimes. 

Advocacy
-   Provision of input to the government's forestry policy and Laws.
-   Provision of input to various draft regulations on forest management. 

Provision of legal assistance
-   Provision of legal advice on forestry issues and/or defending cases in courts. 

Organising Community Forestry
-   NGOs have helped in organising a number of Community Forests. 

Reforestration programmes
-   Develop reforestation programmes.
-   Provision of tree seedlings, etc. 

The following are the issues that have been raised by NGOs involved in forestry reform areas:  

4. Issues Raised By NGOs About Forestry Reform

CONTENT

  • A major concern is that the reforms are focused on improving the existing concession system, which is fatally flawed. Concessionaires continue to perpetrate large-scale forest crimes.  Insufficient attention is given to forest-based community livelihoods, and supporting Community-Based Natural Resources Management (CBNRM).

  • Obstacles to the transport and sale of non-timber forest products continue to pose a significant problem for forest-dependent communities.  The transport of resin (a product whose production does not harm the forest) continues to be subject to a range of controls and fees which work to keep the price low for producers.  Despite strong international demand for it, export continues to be informal and secretive.

  • Along with granting of land concessions, extensive clearing of forest land for private ownership is a worrisome trend which leads to the permanent loss of forest cover.

  • Concern about possible changes being made to the draft sub-decree on community forestry while it is being reviewed by the DFW and by the MAFF, i.e. the inputs of the communities that were originally accepted may be eventually dropped off before it will be adopted by the Council of Ministers.

  • Lack of public information on and dissemination of relevant regulations, for instance, suspension of specific forest concessions.

  • Lack of appreciation on the part of the government to view people as effective forest protection forces. In spite of the fact that there have been instances where community people have been quite active in reporting illegal logging and collaborating with competent authorities, forest dependent-people tend to be viewed as forest crime offenders.

  • Lack of capacity building and research into successful and less successful cases of community forestry, from which lessons can be learned.

  • Concerns about the use of community forestry as another way to exploit forest. This may happen as a result of flaws in organizing and monitoring community forestry.

  • Concerns about the appropriateness and effectiveness of comprehensive Sustainable Forest Management Plans to monitor management of the forest.  

5. NGO Recommendations on Forestry Reform CONTENT

Recommendations to government:

  • The legislative branch should provide opportunity for more public input and adopt the Forestry Law as soon as possible.

  • Ensure genuine consultation process on development of legal framework, executive regulations.

  • Share with NGOs and community people the final version of the draft sub-decree on community forestry for feedback before its adoption.

  • Publish and disseminate relevant laws and regulations.

  • Set and use specific ESIA standards for approval of Sustainable Forest Management Plan.

  • Announce timeframes for the issuance of necessary laws and sub-decrees;

  • Review the practice of granting and use of agro-industrial land concessions.  Cancel land concessions which are larger than that allowed in the Land Law.

  • Remove barriers to marketing NTFPs and resin, which can be harvested without negatively affecting the forest.

  • Ensure effective enforcement of laws and regulations in the reform sector.  

Recommendations to donors:

  • Recognize that the concession system is not working.  Instead of continuing to fund efforts to reform the concession system, donors should help the government reorient efforts towards increasing communities’ role in managing forests and support the management of new protected areas.

  • Ensure that assistance addresses the priority needs of the Cambodian people.

  • Proper coordination among donors is needed.

  • Ensure participation of concerned stakeholders in the process.  

Recommendations to NGOs:

  • Continue to advocate on the passage of the forestry law.

  • Provide public awareness and education on the Government’s Forestry Policy and relevant regulations to affected communities.

  • Conduct relevant surveys and research on forest livelihood issues and report cases of forest offences.

  • Conduct a joint NGO study on good and bad cases of community forestry, and lessons to be learnt from this.

  • Participate in expanding and organizing community forestry.

  • Provide capacity building of community people to effectively manage community forestry.  

Further NGO recommendations related to the forestry sector reform may be found in the Forestry sectoral paper of the NGO Statement to the 2002 CG Meeting.