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FOREST POLICY IN CAMBODIA

Eang Savet

Introduction

Cambodia is a tropical country in Southeast Asia and situated north of the equator within latitudes 10o and 15o north and longitudes 102o and 108o east. It comprises 181 035 km2 in the lower Mekong River Basin, sharing borders with Thailand, Lao PDR and Viet Nam. In 1998, the population of Cambodia was 11.43 million with an average annual population growth rate of 2.4 percent.

The forests of Cambodia cover more than half of the country’s total land. The forest resources have a key role in protecting the environment and are of critical importance to the socio-economic development of the country. The management of forest resources in a sustainable manner to provide current and future requirements of the Cambodian people is an important objective of the Royal Government of Cambodia (RGC). To achieve this goal, increased attention must be focused on improving forest management and the elimination of illegal logging activities.

 

Current forestry situation

In 1969, forests covered 13.2 million ha, or 73 percent of the country’s total land area. Until the early 1970s, forest management practices resulted in low impacts on forest ecosystems. Forest areas were classified into forest reserves that were managed according to their function, with emphasis on sustainable production, protection, the establishment of wildlife sanctuaries, research and the preservation of the natural area surrounding Angkor Wat.

Between 1970 and 1979, Cambodia was immersed in a destructive civil war that culminated in the eventual fall from power of the Khmer Rouge. Social and economic conditions in the country during that period precluded the possibility of significant industrial development, restricted the growth of small-scale local industries and limited access to forest areas. As a result, forest use was somewhat limited, primarily providing a source of fuel and timber for local communities.

The 1979 to 1992 period witnessed dramatic changes in the forestry administration. The Department of Forestry and Wildlife (DFW) lost effective control over the management of forest resources as a result of the replacement of the regional forestry administrative structure by provincial authorities that controlled forest resource utilization. As a consequence of the closed economic policy of the RGC and the relative inaccessibility of forest areas most forests remained intact, with the annual harvest being well below the annual allowable cut (AAC), which was estimated to be between 0.5 and 1 million m3.

More recently, forestry in Cambodia has been characterized by a forest concession system and a significant increase in the production of industrial timber. According to satellite imagery estimates provided by the German Technical Cooperation (GTZ)/Mekong River Commission Forest Cover Monitoring Project, forest cover had declined to 10.6 million ha (or 58.60 percent) of Cambodia’s total land area by 1997. Even this figure is somewhat deceptive, for large portions of the forest had been degraded and were no longer amenable for sustainable forest management (SFM). The reduction in forest cover between 1969 and 1997 amounted to about 2 million ha (Figure 1), which in percentage terms is about 0.56 percent per annum compared to about a 1 percent average for neighbouring countries.

Figure 1. Change in forest cover from 1969 to 1997

 

Current and emerging issues, trends and critical problems

Forests in Cambodia have been increasingly at risk, particularly during the past decade, because of the expanding demand for agricultural land, timber and fuelwood. This trend has been intensified by the impacts of rural development and population growth. The primary causes of deforestation and forest degradation have been agricultural expansion, land encroachment, fuelwood gathering and commercial logging. Their impacts have been exacerbated by market imperfections, planning procedures, population pressure and poverty.

The RGC has been formulating policies and implementing programs to address the causes of forest destruction and forest degradation, which focus on:

the development of forest management plans, consistent with international standards;

local community participation in forest management;

the eradication of illegal logging activities; and

the development of land-use and management procedures for utilizing cancelled forest concession lands.

 

Forest policy

The forestry sector was accorded high priority in the RGC’s National Program for Rehabilitation and Development to facilitate the rational and sustainable development of forest resources. The RGC is endeavouring to manage its forest resources on a sustainable basis for socio-economic development and environmental protection.

In November 1993, His Majesty King Norodom Sihanouk issued a Royal Decree designating 23 protected areas covering 3.3 million ha, representing 18.23 percent of the country’s total land area. Within this protected areas system, there are seven national parks, 10 wildlife sanctuaries, three protected landscapes and three multiple-use areas.

In 1996, the RGC established a National Steering Committee to manage and execute national forest policy. Subsequently, it initiated four studies with assistance from the World Bank, focusing on forest concession management, forest policy, log monitoring and control, and a legal review of forest concession contracts. The RGC concurred with the major findings and recommendations of the studies, and high-level planners and policy makers have pledged to implement the recommendations.

The RGC’s second Five-Year Plan (2001-2005) emphasizes law and administrative reforms to control forest crime, improve the implementation of forest concession contracts and initiate a forest rehabilitation campaign. Supporting activities concentrate on reforestation, forest resources’ management, forest industry and forest product market surveys, suppression of illegal forest activities, research and wildlife conservation. The plan reserves 20 percent of the AAC from concession forests for domestic consumption.

The industrial timber policy of the RGC is reflected in an integrated ban on log exports and the promotion of the production and export of higher value-added processed wood products. The primary objectives of this policy orientation are to decrease the rate of timber harvesting, and to provide employment and income-generating opportunities for local communities.

The critical importance of forest resources in protecting the environment and in meeting the socio-economic needs of the country’s predominantly rural population has dictated the need to develop and adopt a new forestry law. With technical assistance at different times from the World Bank and the Asian Development Bank (ADB), the Ministry of Agriculture, Forestry and Fisheries (MAFF), in collaboration with other government ministries, the donor community, and NGOs has completed the draft of a comprehensive Forestry Law. The draft law provides a legal foundation for establishing the roles and powers of government agencies in forest administration and enforcement, classifying forestland, establishing a permanent forest estate, defining the rights and obligations of stakeholders concerned with forest harvesting, collecting forest revenues, private and community forestry, conservation and protection of forests and wildlife, and assigning penalties for forestry crimes. The draft has been reviewed and approved by the Council of Ministers and has been submitted to both houses of parliament for adoption.

In early 1999, the DFW, with technical assistance from FAO, initiated a process to prepare a preliminary National Forest Policy to direct the development of the forestry sector in an orderly manner. This policy is being reviewed by an internal working group within the DFW.

There have been several policy initiatives affecting commercial forestry activities in the country. A forest concession management sub-decree on Forest Management Control was adopted for implementation on 7 February 2000. It maintains the rights of local communities to participate in decisions concerning the granting of forest concessions, the preparation of forest management plans and the development of systems for monitoring and controlling harvesting operations in forest concessions. The sub-decree requires the establishment of a permanent consultative communal committee to facilitate discussions on issues of importance to local communities living in or near forest concession areas. The sub-decree has been distributed to concessionaires and provincial offices to facilitate its implementation.

A Model Forest Concession Agreement, prepared in collaboration with and technical assistance from the World Bank and ADB, has provided a framework for dialogue between the DFW, the Cambodian Timber Industry Association and other stakeholders. Currently, it is being used as the basis for contract renegotiations that are being conducted between the RGC and forest concessionaires.

The Cambodian Code of Practice for Forest Harvesting, a legal instrument for achieving SFM on forest concession lands, became effective on 26 July 1999. Its implementation is intended to protect the environment and promote economic development consistent with the principles of SFM. The code will protect sites of cultural significance, maintain forest regenerative capacity, improve the economic and social contributions of forestry and ensure the health and safety of forest workers.

In October 2000, the RGC signed a Development Credit Agreement with the International Development Association of the World Bank to support a US$4.8 million Forest Concession Management and Control Pilot Project. This three-year project assists the DFW in its efforts to strengthen its institutional capacity to monitor and regulate forest concession operations. As part of the plan to implement forest concession reforms, concessionaires are required to prepare forest management plans that are consistent with international standards, and to renegotiate forest management investment contracts. A Forest Concession Management Planning Manual, prepared with assistance from the ADB, has been provided to concessionaires to facilitate the development of forest concession management plans.

A sub-decree on Community Forestry has been drafted recently to increase the number of community forests and to encourage local communities to participate in SFM and the conservation of forest resources. A series of workshops is underway to incorporate the comments of various stakeholders.

In order to strengthen the capacity and develop the infrastructure for the monitoring and reporting of forest violations in concession and non-concession forestlands through the DFW, and in national parks and protected areas through the Ministry of Environment, a three-year Forest Crime Monitoring and Reporting project was initiated by the MAFF in 2000.

In an effort to reduce the demand of local communities for fuelwood, the RGC has provided import tax exemption on gas.

 

Process and mechanisms of policy formulation

The RGC is committed to the declarations of the United Nations Conference on Environment and Development (UNCED) that was held in Rio de Janeiro in 1992. It considers the achievement of SFM within the broader framework of the sustainable economic development of the country to be an important national goal. The DFW is responsible for coordinating actions associated with forestry. The Ministry of Environment has comparable responsibilities associated with the country’s 23 protected areas.

Presently, the forestry sector in Cambodia is being reformed comprehensively. In order to coordinate this reform within a revised forest policy framework, the RGC, through a sub-decree dated 3 July 1996, has established a high-level inter-ministerial National Committee for the Development and Implementation of Forest Policy. The committee is chaired by the Prime Minister. The Director General of the DFW acts as the committee’s executive secretary. The committee’s primary responsibilities are to:

coordinate consultations between the RGC and international donor agencies providing assistance on forest policy;

select and manage the technical assistance provided by donors;

coordinate consultations among various stakeholders;

review investment programs in the forestry sector; and

develop proposals and plans associated with forest policies.

Subsequent to the approval of the new Forestry Law, the committee will be replaced by an inter-ministerial National Forest Policy Steering Committee that will be chaired by the minister of the MAFF.

The proposals of the Rio Conference are still not very well known in Cambodia and their implementation remains incomplete. The MAFF and the DFW have recognized that the current rather fragmented efforts to achieve SFM have to be transformed into a comprehensive program that incorporates a variety of approaches. The MAFF and the DFW are considering the use of a National Forest Programme to develop a comprehensive forest policy framework for the achievement of SFM.

There is also an absence of a comprehensive national forest policy that builds upon available forest legislation and is harmonized among major stakeholders. While essential fragments of policies relating to forestry are available, the development of a comprehensive national forest policy based on a consultative formulation process including all stakeholders has yet to be completed.

The RGC is now developing, with assistance from the Cambodia-German Forestry Project, a Statement on National Forest Policy. This will provide a preliminary framework for the legislation and regulations currently in place or in the process of being developed. A consultative process on national forest policy formulation will then be initiated that includes all stakeholders.

A planned reform of forestry administration is provided in the new Forestry Law and will be implemented subsequent to the law’s adoption. The new four-tiered administrative structure, including inspectorate, cantonment, division and triage, will establish a technical line of control from the centre to the local level. This reform is consistent with the recommendations of both the Consultative Group meeting in Tokyo in 2001, and the ADB Forest Concession Review that was conducted in 2000. It will provide a clarification of authority over forests and result in a more coherent governmental administration of the forest estate. The existing administrative structure, with provincial and district forest offices under the direct authority of provincial and district officials, will be abandoned and provincial and district forest offices will be integrated into the new structure. With the new administrative structure, the RGC plans to decentralize ministerial functions to lower-level authorities.

The administrative reform will present new professional challenges for the entire institution and its personnel at all levels. It will require a comprehensive review of the roles and functional responsibilities of forestry administration. Formal lines of communication and supervision will have to be reviewed, and interactions with other ministries and government departments will have to be redefined.

 

Institutional arrangements

While most forested land falls under the jurisdiction of the MAFF and the DFW, protected areas are administered by the Ministry of Environment and flooded forests are administered by the Department of Fisheries. Within the forestry sector, several professional networks focus on issues related to community forestry, concession management, conservation and rehabilitation. Each of these comprises stakeholders that might include representatives from state forest authorities, local communities, private companies, NGOs and donor-assisted projects. These networks have the potential to contribute significantly to policy, legal and technical forestry issues. Such contributions are reflected within the community forestry network that is assisting the RGC in its efforts to elaborate the Community Forestry Sub-Decree, the preparation of which has been mobilized under the direction of an inter-institutional task force.

The DFW is responsible for the formulation and implementation of forest policy. It has a central office in Phnom Penh organized into seven offices, a research institute and two companies. Staffing of the DFW, including provincial and district offices, totals 1 834. The central office employs 765 persons, of whom 530 are professionals. The provincial forestry offices are located in provincial agriculture, forestry and fisheries departments.

 

Forest policy implementation and impacts

Primary challenges to achieving SFM include the formulation of a comprehensive national forest policy, administrative reform, institutional strengthening and human resources development.

The forested area of the country currently excluded from concession management is estimated to be about 3 million ha, but additional areas are expected to become ‘vacant’ after the cancellation of contracts with concessionaires who fail to submit, and to have approved, SFM plans consistent with international standards. In December 2001, the MAFF issue d Prakas (Declaration) No. 5721 that suspended logging activities by all concessionaires until such time that they have approved forest management plans, and have renegotiated forest management investment contracts. The forest resources in the ’vacant’ areas, many of which could be depleted, will not be able to produce commercial benefits from timber harvesting for several years. At present, there is no comprehensive land-use plan indicating the manner in which these areas should be managed.

Conclusions

While significant challenges remain, the RGC is continuing its efforts to achieve SFM and to reduce illegal forest activities by developing a legal framework for policy reform, restructuring the forest concession system, establishing credible law enforcement capabilities and promoting community forestry. In order to achieve its goal of SFM, the RGC will continue to require the cooperation and support of its neighbouring countries and other countries in the region, as well as technical and financial assistance from the international community.

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