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NGO STATEMENT TO THE 2001 CONSULTATIVE GROUP 
MEETING ON CAMBODIA

FORESTRY
 

CONTENTS

 


Introduction
Key Issues
Recommendations

Introduction

Biological and socio-economic research conducted over the last twelve months highlights the richness of Cambodia's biodiversity, the high dependence of rural community livelihoods on forest resources, and the increasing disputes between communities and concessionaires over these resources. Rural communities throughout Cambodia depend on forests for a wide variety of goods essential for both daily subsistence and income earning needs. Goods obtained from forested areas include: cooking fuel, building and household materials, food, traditional medicines, resins, rattans, vines, bamboo and livestock feed. 

Deforestation, forest degradation, and the loss of rights of access to forested areas are contributing to rural poverty, disrupting rural communities and threatening Cambodia's rich biodiversity. In addition, devastating floods in Cambodia and Vietnam last year illustrate the central role that Cambodia's forests play in the provision of environmental services. 

NGOs recognize that the Royal Government of Cambodia (RGC) has made progress in terms of forest sector reform. But we are concerned that deforestation and forest degradation seems to be increasing and newly emerging issues related to land concession developments and the activities of forest concessionaires pose a heightened threat to rural communities and the environment. 

We base our understanding and observations of forestry issues on an extensive involvement in the forest sector through both conservation and community based development programs, and through extensive fieldwork in forested areas including concessions and protected areas. NGOs working on conservation issues and with forest dependent communities throughout Cambodia have contributed to this paper. 

Key Issues 

Policy and Law
The draft forestry law is a considerable improvement from earlier drafts; however remaining issues of concern include:

  • Inter-ministerial responsibilities including the role of the Ministry of Environment, the role of the Ministry of Land Management, Urban Planning and Construction, and the role of the Ministry of Economy and Finance. 
  • The implications for sustainable forest management under the system of annual harvest permits outlined in the 27 April 2001 draft law (Article 22). 
  • The newly proposed administrative structure for the management of Cambodia's forest resources involving the delineation of administrative units (regional inspectorates, cantonments, divisions, triages) outside the existing provincial and local administrative boundaries. 
  • The right to appeal forest crimes
  • The limited opportunities for the development of community forests and the related lack of incentives for the Forest Administration to promote community forestry. 

NGOs hope that a consultative dialogue with the RGC can be developed to rectify these and other problems with the draft forest law and that this dialogue will be extended to the subsidiary sub-decrees and Prakas that are needed to enact the law. 

Rights of local communities in relation to forest resources
The loss of forest resources is having a significant impact on the livelihoods of local communities throughout Cambodia. Communities are therefore becoming increasingly active in both requests for the delineation of community forests and in complaints over legal violations by concessionaires. Unfortunately the loss of community access to forest resources has continued during the current harvesting period and there are concerns that local communities could lose access to substantially more forest cover before their rights are upheld. 

  • Illegal logging
    Press reports and field visits point to significant levels of illegal logging continuing both in concessions areas and protected areas. Campaigns to prevent illegal logging still seem to be disproportionately targeting small operators whilst permitting the ongoing unsustainable harvesting of timber by concessionaires, the continued cutting of resin trees, and the logging and clearing of forests in protected areas (particularly in Koulen Prum Tep Protected Area). 
  • Land concession developments
    NGOs are concerned about the large scale granting of land concessions throughout Cambodia, the most significant of which has been the granting of a 300,000 hectare concession to the Pheapimex company for the planting of eucalyptus trees in Kampong Chhnang and Pursat. The clearing of forestland associated with land concessions will have a significant impact on both biodiversity and on the livelihoods of local communities. NGOs are also concerned with the long-term environmental implications of building a pulp and paper manufacturing facility in the vicinity of the Tonle Sap as is outlined in the Pheapimex's Pursat land concession contract. 

Another concern is the recent move to promote rubber plantation developments within the boundaries of existing concessions, such as the Chup Rubber Plantation Company development in Sandan District, Kampong Thom. This particular plantation development is inside the GAT and Colexim's concession and has serious implications for integrity of managing Cambodia's forest resources under a reformed concession system. 

  • Reforms to the concession management system
    Concessionaires are currently in control of the majority of Cambodia's valuable forest resources. Many concession companies continue to act with impunity in relation to the rights of local communities and in relation to the imperatives of harvesting timber in accordance with the norms of sustainable forest management. The forest concession management review process offers opportunities to promote improved harvesting practices and increase the social sensitivity of concessionaires. Of major concern to NGOs is the limited number of concessionaires making attempts to produce revised concession management plans and the current quality of the environmental and social impact assessments that need to be conducted as part of the forest concession management planning process. 

Recommendations

NGO recommendations for reform to the forest sector include:

Policy and law

  • Finalize the draft forest law in a transparent manner to ensure that the mandate of the Ministry of Environment to administer and manage protected areas and enforce rules and regulations governing protected areas is upheld (see Article 3 (D) of 27 April 2001 draft forest law). Also, ensure that the current use of the term "Social and Environmental Impact Assessment (SIEA) in the draft law (Article 20) is revised to remove legal ambiguity concerning the role of the Ministry of Environment in the review of the EIA process conducted as part of the production of Forest Concession Management Plans. 
  • Revise the draft Model Concession Agreement to ensure that obligations to delineate Special Management Areas are clearly stated, to incorporate recent changes in the draft forest law, and legal innovations related to the Immovable Properties Bill. 
  • Revise the draft community forest sub-decree in an open participatory manner taking into account the importance of forests to local communities throughout Cambodia, and the experience of other forest rich developing states in relation to community forestry. 
  • Review the merits of the proposed forest administrative structure outlined in the draft forest law (27 April, 2001, Chapter 6) to consider whether this proposed structure is compatible with the RGC's policies concerning decentralization and de-concentration. 

Rights of local communities in relation to forest resources

  • The RGC's poverty alleviation policies should increasingly emphasize the central role that access to forest resources plays in meeting the livelihood needs of local communities. The RGC should review the boundaries and size of existing and proposed land and forest concessions to ensure that their impact on the loss of access to forest resources is reduced. 
  • The RGC rural development and environmental policies should increasingly recognize that community forestry provides a strategy for engaging rural communities in sustainable forest management. Community forestry should be given priority as an important model for managing Cambodia's production forest areas and be applied wherever communities have both a cultural or livelihood dependency on local forests, and a willingness to utilize and manage forest resources sustainably. 

Illegal logging

  • Consideration should be given to canceling the contracts of concessionaires that continue to violate laws in relation to the sustainable harvesting of timber, violate the rights of local communities through threats and intimidation, and engage in illegal logging (e.g.: cutting of undersized trees, or cutting resin trees). 
  • In preventing illegal logging, the RGC should work with and empower local communities. This is best done through the provision of secure tenure over delimited parcels of forestland. 

Land concessions

  • The RGC should review its policies in relation to land concessions so that agricultural development imperatives are balanced with the rights of local communities, rural poverty alleviation goals, and environmental values. Wherever possible community forestry should be developed to supply the raw materials to be used for industrial purposes. 
  • A moratorium should be placed on the granting of new land concessions until the Sub-Decree on Agro-Industrial Concessions specified in the Immovable Properties Bill is approved. 

Reforms to the concession management system

  • Suspend all harvesting activities of concessionaires, together with concessionaire financial obligations to meet minimum royalty payments, pending the production of forest concession management plans that incorporate the findings of substantive environmental and social impact assessments and the delineation of special management areas. 
  • Cancel the contracts of concessionaires who have failed to make significant progress towards the production of revised management plans (including ESIAs) by the September 2001 deadline. 
  • Ensure the cancellation of concessions does not result in the conversion of large areas of forest land to non-forest uses by considering options for alternative management strategies including: community forestry; co-management arrangements involving communities, the government, and the private sector; and the reassigning of forest concessions to private sector entities (perhaps including concessionaires and community cooperatives) committed to pursuing forest certification. 
  • Conduct an evaluation of the industrial concession management system in Cambodia in light of the findings of the KPMG Royalties report which shows that no concessionaire has been profitable over the past three years, and which is calling for a substantial reduction in royalty rates. Such an evaluation should assess whether the concession system, as it currently functions, is economically and environmentally compatible with the RGC's poverty reduction and conservation goals. 
For further information on the issues raised in this paper please contact: 
The NGO Forum's Environment Working Group, Tel: 023 360 119 
Email: ngoforumewg@bigpond.com.kh 
Introduction
Progress
Key NGO priorities
Conclusion
Strategic Planning for Poverty Reduction
Sectoral Papers
Agriculture
Child's Rights
Commune Administration and Decentralization
Commune Elections
Disability and Rehabilitation
Education
Fisheries
Forestry
Gender
Governance and Transparency
Health
HIV/AIDS
Human Rights
Landmines and & UXOs
Land Reform
Mental Health
Micro-finance
Urban Poor
Weapons Reduction and Management
General NGO Information
References

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