Deforestation in Cambodia

Cambodia has one of the highest deforestation rates in the world. Since 1970, Cambodia's primary rainforest cover fell dramatically from over 70 percent in 1970 to just 3.1 percent in 2007. Deforestation is accelerating at an alarming rate with overall rate of total forest loss at nearly 75 percent since the end of the 1990s. In total, Cambodia lost 2.5 million hectares of forest between 1990 and 2005— 334,000 hectares of which was primary forest. As of 2007, less than 322,000 hectares of primary forest remain with the result that the future sustainability of the forest reserves of Cambodia is under severe threat.disappearing.^[1]

Background

The forests of Cambodia have long provided village people with materials for construction, fuel, medicine, food and shelter. The forests provide important biodiversity and crucial ecological functions within the country's ecosystem. Two of the country's most prominent geographical features; the Mekong river and the Tonle Sap which are both central to the Cambodian economy and to the livelihoods of many Cambodians, are interdependent upon the surrounding forest cover.

Timber is also Cambodia’s most valuable resource in economic terms and can provide government an enormous boost in annual revenue. This fact is demonstrated by the dramatic decrease in forest cover in Cambodia over the last thirty years to raise income.

The origins of the rapid acceleration of deforestation in the country lie with the Cambodian Civil War which ran from the 1970s to the mid 1990s which is responsible for setting the stage for illegal logging. During the conflict, guerillas financed their fighting through timber sales. According to the Trade and Environment Database (TED), the Cambodian government exported mostly to Japan and Vietnam, while the three guerrilla groups (including the Khmer Rouge) sent logs to Thailand. Thai timber companies—often with the involvement of military officials— were found to be actively engaged in logging of forests along the Cambodian border. Timber exports, estimated to be worth between $ 40 million and $ 50 million a year is Cambodia's biggest income earner.

During the 1990s, illegal logging was so widespread in Cambodia that the IMF cancelled a $120 million loan and the World Bank suspended direct aid to the government until the corruption in the forestry sector was resolved. In response, the Cambodian government moved to crack down on illegal logging operations while issuing bans on unprocessed log exports and imports of logging equipment. The actions appear to have had little effect: between 2000 and 2005, Cambodia lost nearly 30 percent of its primary forest cover, and deforestation rates continued to climb. Illegal logging continues today despite further bans and restrictions—the government appears to have little control over the corrupt forestry sector.

Deforestation in Cambodia also results from subsistence activities, notably the collection of fuelwood and clearing for agriculture. The hunting of wildlife as bushmeat is widespread in the country, while mining for gold, bauxite, and iron is increasingly a threat to Cambodia's forests as well. The government has recently introduced stricter legislation to govern small miners, including environmental provisions.

While the Cambodian government has struggled to enforce environmental regulations in the face of corruption and illegal activities, it has shown interest in reducing deforestation and setting up protected areas. Theoretically more than 20 percent of Cambodia is under some form of protection, including the spectacular ruins of Ankor, which cover over some 400 square kilometers and are one of the most important archaeological sites in Southeast Asia. However, even this World Heritage site is threatened by unrestrained tourism, which has seen massive construction of hotels within a few short years.

In 1993, after two decades of civil war, Cambodia was able to hold its first successful elections. Shortly after that the Cambodian government created an environmental ministry to protect their national resources. Unfortunately, thus far the ministry has not been very successful, as there are many environmental problems in Cambodia today. Both the forestry and fishing industry of the country have had problems, fishing because of drought and forestry because of illegal logging. Also Cambodia has had problems with other countries exporting hazardous waste to Cambodia for disposal.

Cambodia's two most important natural resources are its fish and forests. Lately both of these resources have had problems. A drought at the beginning of last year severely crippled the Cambodian fishing industry. The fresh water fish catch was down an estimated forty percent from last year. Officials believed that the main cause of this shortage was the low level of rainfall, which caused record low water levels and dried out the Tonle Sap Lake and Mekong River. Because of the drought the shoals of fish that make their annual run from the Tonle Sap, which is their breeding ground, to the Mekong River have been much smaller. Other factors contributing to the problem are overfishing and illegal fishing which uses grenades and electric shocks to catch fish. Also, the destruction of the forest around the flood areas of the Mekong River and Tonle Sap has damaged the eco-system. But officials have stated that while these factors may have contributed to the damage the fishing industry has sustained, the main problem is the low water level. Fish and rice are the two main staples of the Cambodia so more problems in the fishing industry could have vast effects on the country.

Cambodia’s other major natural resource is its forests, but illegal logging has severely hurt this industry as well. The environmental groups of Global Witness and Friends of the Earth have both collected videotape testimony of logging officials admitting to the illegal exportation of timber. Vietnam stated that the government "…firmly respects the forestry policy of Cambodia and has advised all provinces and competent authorities to carry out the Vietnamese Prime minister’s order to ban logging exports to Vietnam." . However, a photograph of Vietnamese trucks crossing the border loaded with timber, taken by Global Witness, nullified any credibility to that statement. Patrick Alley, a spokesman for Global witness told reporters that the logs were being used to illegally fund the armies, governments, and organized crime of both countries.

In February of 1999, the Prime Minister of Cambodia attempted to pass measures to crack down on illegal logging. He also asked for donors to give money in order to help protect the forests. But despite the measures taken and an estimated 1.3 billion dollars in aid, Global Witness states that the illegal logging and exportation continue. The widespread deforestation has had several effects on the country both environmental and economic. For one, the deforestation has a very negative effect on the ecosystem causing the alternate flooding and drought of the rivers making it hard for the people to farm and fish. Also Cambodia’s forests are home to many endangered animals such as the Bengal tiger, Java rhinoceros, bears, and elephants. With the destruction of their habitat these species’ populations will most certainly flounder. The economy has been greatly affected as well. Earnings from the ministry of forest in 1997 were under thirteen million dollars. It is estimated that the Cambodian government lost somewhere around $ 184 million due to exploitation of its forests. Experts estimate that if the current rate of deforestation keeps up Cambodia’s forests could be commercially destroyed within five years.

Cambodia is one of only three countries (the other two are Taiwan and North Korea) in all of Asia that has not ratified the "Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal." This makes them very vulnerable to the trafficking of illegal wastes into their country. In March of 1998, three thousand tonnes of toxic waste, belonging to Formosa Plastics of Taiwan, was dumped into the port city of Sihanoukville, one of the countries two largest port cities and a major beach resort. Originally the toxic waste passed through the city with the label of "compressed industrial ash." Six months later it was found six miles outside of the city in an open, unprotected dump. Tests on the waste have revealed large amounts of toxic mercury. The waste has been responsible for at least six deaths; two by direct mercury and four or more died during the ensuing riot and flight of Sihanoukville's residents. Also, many have experienced illness from coming into close contact with the waste and immense ground water poisoning is expected. Already, one well has been confirmed as being contaminated. Formosa Plastics has signed an agreement with the government of Cambodia in which Formosa will be responsible for organizing and paying for the cleanup of the waste. Cambodia is also seeking compensation for the damage done by the waste, but Formosa Plastics may not pay once the waste is cleaned up. Cambodia is also taking action against its own officials. Two customs officials and a Port Inspector are suspected of being connected and have already been charged with damage to life, property, and the environment.

Cambodia could earn hundreds of millions of dollars through a global warming proposal considered at U.N. climate negotiations in Nairobi, Kenya. At talks last year in Montreal, a coalition of tropical developing countries lead by Papua New Guinea proposed a rainforest conservation compensation initiative whereby industrialized nations would pay them to protect their forests to offset heat-trapping gas emissions. After endorsements by the World Bank, the United Nations, and the United States, the plan will likely be discussed in greater detail at the Nairobi conference. Nigeria has worst deforestation rate, FAO revises figures November 17, 2005 Nigeria has the world's highest deforestation rate of primary forests according to revised deforestation figures from the Food and Agriculture Organization of the United Nations (FAO). Between 2000 and 2005 the country lost 55.7 percent of its primary forests -- defined as forests with no visible signs of past or present human activities. Logging, subsistence agriculture, and the collection of fuelwood are cited as leading causes of forest clearing in the West African country.

File:Phnom Nam Lyr Wildlife Sanctuary.jpg

It is estimated that forest cover has decreased from 73% in 1969 to 58% in 1997. Some observers put this latter figure as low as 30-35%. Much of this deforestation has occurred during the 1990s, with a sharp acceleration in loss after 1992 and Cambodia’s entry into the global market. It is predicted that if the rate of deforestation continues, Cambodia’s forests may be commercially logged out by 2003. Deforestation in Cambodia is a political issue. In recent years forest resources have been devastated by war, corruption, political rivalry, and military control, encouraged by the demand of neighbouring countries. Timber revenue funded both sides in the prolonged civil war between the Khmer Rouge and the [[Phnom Penh government]]. Cambodian political, military and business elites have privately benefited from the sale of these state resources. It is a major concern of international donors that only a small fraction of logging revenue reaches the legal economic system. Jurisdiction over forests is assigned to the central state authorities who may delegate to provincial authorities. In the past the central authorities have shown little capacity for actually managing the forests in a sustainable and productive way, and particularly in a way that benefits the local people. The state has attempted to justify the need for the centralised state administration, expropriation and exploitation of the forest lands, resulting in the alternative, much more damaging exploitation witnessed in the forests in recent years. Weaknesses that hamper the state include the lack of consistent forest policy or workable forest law, and the inability to enforce the law. Local people have no legal, or extremely circumscribed, rights to forests. However, the local communities who rely on the forests for their subsistence needs are usually the first to feel the devastating impacts of deforestation. Logging has brought few employment opportunities to local communities, but numerous human rights abuses. It has led to problems in supporting rural livelihoods and it has frequently led to the alienation of people from lands, highlighting the lack of land security held by local communities. Such impacts have been particularly evident in Ratanakiri Province in the Northeast of Cambodia. A densely forested province sharing borders with Vietnam and Laos, Ratanakiri is largely inhabited by minority ethnic groups who rely on the forests to meet their subsistence needs. These groups are particularly vulnerable to damage from logging not only because of their reliance on the forests, but also due to their marginalisation from the dominant society and the central decisionmaking bodies. From 1995 the campaign to prevent illegal logging and uncontrolled deforestation in Cambodia has begun to unfold with increasing commitment from the Royal Government of Cambodia in partnership with the international community. Forestry reform has become a condition of aid, and reviews of the forestry sector have been carried out and recommendations made. Concrete measures to tackle the problems of deforestation are being undertaken by the government, international organisations and NGOs. However, as the case studies from Ratanakiri demonstrate, there is still a long way to go. The most important lesson that can be learnt from the Cambodian experience is that good state management cannot simply replace bad state management.

Local communities can, and must, play an essential role in all aspects of forest management. 1 ARD (May 1998) Forest Policy Transition Paper for Cambodia (Phnom Penh: ARD, Inc & Department of Forestry and Wildlife), p.1 2 Global Witness (March 1995) Forests, Famine and War: The Key to Cambodia’s Future (London: Global Witness), p.1 3 World Bank, quoted in Global Witness (April 1999) Made in Vietnam – Cut in Cambodia (London: Global Witness), p.3 5

Causes and effects of deforestation

INTRODUCTION

Cambodia is a predominantly low-lying country that occupies the central plains of the lower Mekong valley, but isbordered on three sides by densely forested mountain ranges. Forests in Cambodia tend to be located around the periphery, in the highland areas as opposed to the lowland areas where paddy rice is the norm. Forests are among Cambodia’s most important natural resources. In 1992 the Earth Summit report for Cambodia described the country’s exceptional qualifications to develop as a ‘green lung’ of Southeast Asia.4

However, this optimistic viewpoint has been greatly challenged over the last decade. The rate of deforestation in Cambodia since 1992 has increased with alarming rapidity and at largely unsustainable levels with severe economic, social and ecological implications. Consultants have estimated that Cambodia’s forest cover has fallen from 13.2 million ha (73%) in 1969 to 10.6 million ha (58%) in 1997, 5 although some observers feel this latter figure to be an overestimation6.

The World Bank has estimated that if the current rate of deforestation continues, the forests of Cambodia will be commercially logged out by 2003.7 1.1.1 Ratanakiri Province, Northeast Cambodia – an Overview8 § Ratanakiri Province borders Laos and Vietnam making it of particular interest in terms of transboundary biodiversity conservation, but also making it particularly vulnerable to the exploitation of forest resources by these neighbouring countries § The Province boasts relatively high forest cover, although this is rapidly diminishing in area and quality

The province is an important watershed area. The Sesan and the Srepok rivers flow from Vietnam through Ratanakiri and, together with the Segong river from Laos, contribute 15% of the delta flow of the Mekong river. Fisheries biodiversity and productivity is high, with over 200 species occurring naturally in Ratanakiri, and the two rivers are important spawning grounds for species migrating from the delta and the Tonle Sap lake

The Province has a low population density of approximately 90,000 people. Seventy-five per cent of the population of Ratanakiri is made up of eight indigenous ethnic minority groups. Ratanakiri and Mondulkiri are the only two provinces where indigenous minorities are a majority. These indigenous groups form 1% of the total Cambodian population9

The indigenous highlanders are marginalised from the dominant decision making processes of Cambodia in terms of ethnicity, language, livelihood practices and geographic position. Literacy rates are less than 10% among highland men, and around 2-3% for women. ^[2]

Benefits of the Forests=

In ecological and environmental terms the Cambodian forests are invaluable. They protect the soils, stabilise the watersheds, and regulate water flows and local weather systems. ^[3]

Global Witness consider the figure to be as low as 30-35% (Global Witness, 1995:1) The ethnic groups of Ratanakiri consist of the Kreung, the Tampuan, the Kachok, the Kavet, the Brao, the Jarai, the Lun and the Phnong. In this report they are referred to collectively as highlanders. its forest systems due to the unique hydrological systems of the Mekong River and the Tonle Sap lake.

Both play a critical role in the economy and ecology of the country. The water systems provide spawning grounds for the fish populations, and nutrients and irrigation for the rice fields. Forest tracts themselves are often high in biodiversity, harbouring many endangered species including elephant, tiger, clouded leopard and Cambodia’s national animal, the kouprey.10 § Forests are central to Cambodia’s reconstruction after years of civil war. They may be considered as one of the country’s most valuable economic assets and can provide an important source of revenue for theg overnment. In purely economic terms, the Forest Policy Reform project estimates that the maximum annualsustainable yield of Cambodian timber is 500,000m³, probably less. Based on the newly imposed royalty rate of US$54 per m³, this could generate up to US$27,000,000 per year, to which export and other taxes can be added. Cambodian forests also have the potential to attract international tourists, particularly in the Siem Reap area and in the Northeastern provinces of Stung Treng, Mondulkiri and Ratanakiri. Forests in Cambodia have long offered rural Cambodians essential livelihood benefits, supplementing agricultural or fishing activities by providing construction materials, medicines, foods, and market goods. The harvesting of wood and non-wood products for these traditional purposes is widespread, and forests are part of the common property resources to which Cambodians have always had access

Forests are also important in terms of the historical and cultural associations they hold for the Cambodian people. Cambodian Buddhism places great value on the forest as part of the natural order of existence. Among the highland people of the Northeast, local forests are central to their belief systems

^[4]

THE ROOT CAUSES OF DEFORESTATION

Deforestation is often associated with rural poverty and population growth, which force rural people to encroach into forest areas in search of new arable land and products from the forest to supplement low incomes. In 1998 ARD stated that with the current population growth rate being in excess of 3%, the population of Cambodia would double within the next twenty-five years, resulting in greater pressure on forest lands. The production of fuelwood and charcoal to supply urban populations is also conducive to over logging in the forested supply areas close to roads and rivers.

However, although rural poverty and the clearance of forest for agricultural purposes has traditionally been pinpointed as the main cause of deforestation in Cambodia, it is not the root cause behind the rapid deforestation being experienced by Cambodia’s forests today. The prolonged state ownership of forest resources in Cambodia has contributed greatly to the problem of deforestation through the inability, or desire, of the state to manage this resource in a way that benefits the Cambodian population as a whole. The decisions about the forest are shaped by the priorities of the state, with who the rural Cambodians now have to compete for the right to access and use this resource. Today, the mandate for forest management rests formally with the Department of Forestry and Wildlife (DF&W) within the Cambodian Ministry of Agriculture, Forestry and Fisheries (MAFF). The Ministry of Environment (MoE) has responsibility for forest land within protected areas. Over the last thirty years the inability of the state to manage the forest resources for the greater good has been largely due to continuing war, political rivalries, corruption. Strong regional demand from Thailand and Vietnam, and a lack of funds, institutional capacity and willpower on the part of the central and local-level authorities has fuelled this situation. As a result Cambodia has witnessed extensive logging and severe deforestation through the predominance of illegal harvesting, processing and export operations under the protection of powerful people and the military. Log production in 1997 reached the highest levels ever in Cambodian history with 4.3 million cubic metres being cut over 7 million hectares. Illegal timber felling accounted for at least 92% of total production.

Civil War – Cambodian forests were exploited to fund both sides in the prolonged civil war between government forces and the Khmer Rouge. Global Witness estimated that the trade between the Khmer Rouge and the Thai timber companies generated between US$10 million - US$20 million per month. In June 1994 the Royal Government of Cambodia (RGC) also decided to give a monopoly on timber exports to the Ministry of National Defence as part of a strategy to use timber revenues to finance the civil war. A review by the Cambodian Mine Action Centre in 1996 broadly estimated that 35-40% of forest land could be dangerous due to the presence of land mines, fighting, or uncontrolled, armed gangs. ^[5]

Political Rivalries – Resource control has long been an important source of political patronage and the tenacity of this patronage system in the form of ‘crony capitalism’22 has had a destructive effect on Cambodian forests as they are traded for loyalty. The elections in 1993 and 1998 refuelled the need for political alliances, and the election campaigns were largely funded through logging. Timber has also been used to finance the building of political and military power-bases.

Corruption – To some extent corruption practices have emerged out of economic necessity. Low government salaries, frequently in arrears, have resulted in absenteeism, moonlighting and the use of corrupt methods to make ends meet. Corrupt individuals at every level of society can stand to earn vast amounts of money from the timber trade.

Flooding affecting a settlment in Cambodia as a result of increased surface runoff

Military Control - As a result of the civil war and political rivalries, the Cambodian armed forces (RCAF), split along party lines, have since been left in control of much of the forest in Cambodia to the extent that they are self-supporting units, frequently acting autonomously of the RGC. The revenues from military logging operations tend to bypass the national budget, and rather than being used for the ‘greater good’ are used to build personal fortunes. This situation has meant that there has been a prevalence of guns in the forest, and attempts at forestry supervision by the appropriate officials has often met with intimidation, and, in some cases, murder

Investment – As a result of the above factors, genuine business investment in Cambodia has been discouraged. The most lucrative deals are those which provide rapid returns but are not necessarily in the best long-term interests of the country.24

Regional Dynamics – Cambodia’s neighbours, Thailand and Vietnam have played a large part in the deforestation process. Having both suffered high rates of deforestation themselves (Thailand during the 1970s and 1980s 25, and Vietnam largely due to the ravages of the Vietnam war) both have turned to Cambodia to satisfy their demand for timber. Thailand was heavily involved in the timber trade with the Khmer Rouge in the early nineties, but in recent years Vietnam has largely usurped Thailand as the biggest importer of illegal Cambodian timber, largely through the Northeastern Province of Ratanakiri. Over the last decade the RGC has pursued its goal of modernisation through trade, investment and industrialisation, much of which has relied on the exploitation of the country’s natural resources.

Increasingly these resources are being taken over by commercial enterprises (with or without legal licences) without any protection of the rights of traditional users, and without effective regulatory systems to ensure sustainable use.

Traditional community access to forest resources has been eroded rapidly in recent years through the privatisation of these resources to commercial interests.

Over-allocation of land - The principal means of wresting the forests from the local communities is through the allocation of concessions. The RGC has allocated over 63% of forest lands as forest concessions to international investors but there are few procedures ensuring that such allocation is being done in a rational manner, incorporating social, economic, environmental or cultural considerations, or with consultation with local villagers. Global Witness27 has countered that the Forestry Department considered only 2.2 million hectares of forest suitable for sustainable commercial logging. Thus it would seem that much of the land now granted is unsuitable for commercial logging.

Limited Institutional Capacity – the capacity and capability of the central institutions to plan, manage, monitor and enforce the laws in the forestry sector are severely handicapped by interventions of powerful people and the predominance of the military in illegal harvesting, transportation, processing and exporting of 22 Bryant & Parnwell, (1996) Environmental Change in Southeast Asia: People, Politics and Sustainable Development (London: Routledge) p.9 Curtis, G. (1998) Cambodia Reborn: The Transition to Democracy and Development (Washington: Brookings Institute) p.109 25 With the imposition of a logging ban in 1989, Thailand increasingly turned to importing timber from neighbouring countries, particularly Cambodia. The legal, policy and regulatory frameworks are complex, and the institutional structures are bureaucratic and top-down. Low numbers of trained personnel and scarce funds and other resources including effective management stategies are all a serious constraint to forest and land management.

Deforestation in Ratanakiri Province

File:LogginginViracheyNationalPark.jpg

Rounded up logs from ilegal deforesters in Virachey National Park

In 1995 the then two Prime Ministers, Hun Sen and Ranariddh, granted a 50 year concession for 1.4 million hectares to an Indonesian logging company, Macro-Panin. However, the Macro-Panin concession failed to begin operations due to continued insecurity in Cambodia, leaving open swathes of forest for those wishing to take advantage of it

The majority of logging operations in the Province have reportedly been controlled by the local police and military. During the period 1997-8 over 200,000m3 of logs were illegally exported from Ratanakiri to Vietnam.

In 1998 a 60,000 hectare concession in Ratanakiri Province was awarded to HERO Taiwan company and in April 1998 Pheapimex-Fuchan was awarded a 350,000 hectare concession directly bordering Virachey National Park. Both companies have a less than spotless reputation with regard to concession management

The actual extent of destruction of old forest by indigenous people is an issue which is subject to ongoing research^[6]

In addition to the logging concessions, forest land has also been give over to oil palm estates35, coffee plantations, and small-scale speculators (see appendix for case studies).

The Sesan and the Srepok rivers are proposed for hydropower feasibility studies funded by ADB. The most viable of the proposed projects (the lower Sesan II and the lower Srepok II) would flood approximately 6% of the province area, losing paddy land and forcing the relocation of approximately 10,000 people. 36 Deforestation in Virachey National Park may result as the displaced people try to find alternative land to farm

THE IMPACTS OF DEFORESTATION

In general terms the effects of logging and deforestation in Cambodia are wide ranging. Environmental impacts – Cambodia still possesses some of the largest tracts of lowland evergreen forest in mainland Southeast Asia and areas of high biodiversity containing many endangered species. Logging destroys habitat and can devastate forest areas. Logging also encourages other environmentally destructive activities such as colonisation, commercial hunting, and clearance for agriculture. In Virachey National park hunters kill tigers using home-made landmines in order to obtain bone for the traditional medicine. It has significant economic impacts on the country- In 1997 over $185 million worth of timber was illegally felled, equivalent to almost half of Cambodia’s $419 million total annual budget. Only 12 million reached the treasury. In 1998 this sum declined to only $5million, despite a sharp escalation in illegal logging leading up to the July elections.38 The continuation of deforestation at the present rates will result in the loss of a valuable economic asset for the RGC Livelihood impacts - Cambodia’s staple foods of rice and fish are threatened by the effects of deforestation. The hydrological systems of the Mekong river and the Tonle Sap lake may be severely affected through siltation, causing a decrease in fish populations. Soil erosion reduces the amount of productive arable land. An increase in the occurrence of floods and droughts will also affect livelihood security. Other impacts include shortages of fuelwood and forest products to provide subsistence. Land Conflicts - Rural communities have always had access to common property resources, but as these are some of the areas that the state is granting as concessions to private companies for their exclusive right to exploit, the rights of these communities to access forest areas and collect forest products becomes increasingly unclear.39 Conflicts over forest use are escalating between rural people, commercial timber operators, agricultural concessionaires, and protected area managers § Land Alienation - As local people become alienated from their lands, there may be increasing apathy and a limited sense of responsibility towards natural forest-areas. State appropriation of land and forest leaves little incentive for local communities to manage these resources in a sustainable manner, increasing poverty and often forces people to degrade land they do have access to, ^[7]

Human Rights - Both legal and illegal timber operations in Cambodia operate without regard to the rights of the rural population. The population are not consulted when concessions are awarded, they are denied access to forest land preventing them from obtaining timber for construction and fuel, and are sometimes forces from their land at gun point. Civilians, journalists and forestry officials have also been threatened and even murdered by illegal loggers.40 Often locals regard the forests as having spiritual values.

Cambodian timber ban

The Issue

On September 22, 1992, Cambodia's provisional national council agreed to a moratorium on log exports. One reason for the moratorium was that intensive deforestation caused massive flooding in Cambodia. Severe floods damaged the rice crop and led to food shortages in this poor country. Another objective of the moratorium was aimed at depriving the Khmer Rouge--an extreme Maoist guerrilla faction -- access to funding. Khmer Rouge guerrillas benefited from uncontrolled deforestation. The guerrilla faction exported timbers to Thailand that banned logging in its own territory following the severe flood in 1988. This moratorium brought about a dispute on the relation between trade, environment, and politics in Cambodia.

Description

Cambodian floods of 1995 in the northwest killed two people and cut the country's main supply line to areas threatened by food shortages seriously threatening the rice crop. In Battambang province, two children and 77 cows were swept away.(1) Severe flooding in the west-central province of Pursat killed eight people, which included seven children, devastated 421 homes, and destroyed 36,235 hectares of rice fields, and killing at least 80 farm animals.(2)

This disastrous flooding resulted from long-continued deforestation. Cambodia's forests have been devastated by the 20- years of Cambodian conflict between four factions--Front Uni National pour un Cambodge Ind pendent, Neutre, Pacifique et Coop ratif (FUNCINPEC), Khmer People's National liberation Front (KPNLF), the Party of Democratic Kampuchea (DK or so-called ‘Khmer Rouge'), and the State of Cambodia (SOC).

Until the ban on log exports was enacted, all three guerrilla factions (FUNCINPEC, KPNLF, and Khmer Rouge) and the SOC government had been involved in logging; which financed their warfare efforts. While the government exported mostly to Japan and Vietnam, the three guerrilla groups (mostly Khmer Rouge) sent logs over the border into Thailand from their territory in western and northern Cambodia.

Thailand had been dependent on imports of timber from neighboring Burma, Laos and Cambodia since a logging ban was introduced in 1989. In an attempt to save what remains of Thailand's devastated forests, many Thai companies (some linked to Thai military) imported wood from Cambodia by purchasing concessions from the Khmer Rouge. Khmer Rouge controlled a huge part of the Thai-Cambodia border zone (see THAILOG case). Ostensibly, The Thai government advocated a cease fire in Cambodia. However, this was not welcomed by some Thai government leaders who were connected with logging by the military.

They actually wanted the continuation of Cambodian conflict.

This conflict and massive logging seemed to end when four factions signed the cease fire agreement in France. In October 1991, the Paris Agreements provided for a comprehensive political settlement of the Cambodian conflict. They requested: (a) establishment of a transitional authority to end two decades of war, destruction and suffering; (b) creation of conditions for a lasting peace; (c) the holding of free and democratic elections. The elections involved the participation by the four major parties- -FUNCINPEC, KPNLF, Khmer Rouge, and SOC. Under the agreement, the UN Transitional Authority in Cambodia (UNTAC) was established on 28 February 1992. The four factions recognized the Supreme National Council of Cambodia (SNC) as the legitimate governing body during the transition period.

The Khmer Rouge often violated the cease-fire agreement and tried to disturb the free and democratic election process. On 22 September 1992, SNC agreed to activate a moratorium on log exports. Following this agreement, the UN Security Council adopted the 22 September moratorium (the UN Security Council resolution 792, adopted on 30 November). The UN resolution also urged the importing countries to cooperate within this region. Under the resolution, UNTAC was asked to take measures to implement a moratorium on the export of logs from Cambodia. The ban was enacted on January 1, 1993.

This ban was devastating for the Thai military and logging companies. In order to protest the UN Security Council resolution 792, Thailand barred scheduled United Nations flights (the UN peacekeepers flied regular logistical flights to Bangkok and Utapao airport to the southeast of the Thai capital) from neighboring Cambodia on 1 December 1992. The Thai parliament's House Committee for Foreign Affairs agreed to seek measures to minimize the effect of a UN Security Council ban on oil exports to end timber imports from Khmer Rouge controlled areas in Cambodia. Thailand obeyed the ban ostensibly, but the illegal timber trade continued. Although underground log trade between Thailand and Khmer Rouge continued, the United Nations ban worked well and reduced the exporting logs from Cambodia.

On 31 March 1994, the United Nations ban was expired. The Royal Cambodian government, established after the UN supported election, introduced a domestic ban on timber export (enacted on May 1, 1994). Although this ban made timber trade between Thailand and Khmer Rouge illegal; the trading still continued. Illegal logging exports to Thailand also came from Royal Cambodian military. While Cambodian national budget law says all state revenues must be controlled by the finance ministry, the jurisdiction of timber selling was allocated to the defense ministry. The defense ministry was corrupt and began timber trade with Thailand. Because the Cambodian government was afraid of pressure from the IMF, it changed the jurisdiction of timber selling from the defense ministry to finance ministry.(3)

The Royal Cambodian government ended illegal logging exports by the Cambodian military. But the next threat to Cambodian forests came from a government decision. Cambodia's co-Premiers, Prince Norodom Ranarriddh and Hun Sen authorized a logging contract with a Malaysian company (Samling Corporation) in February 1995.(4)

The deal provides for a 60-year logging concession covering 800,000 hectares or 4 percent of the entire country. The Royal Government also approved a massive logging deal with an Indonesian timber company (Panin Banking and Property Group). The 50-year contract signed in mid-September allows the Indonesian company to harvest logs on 1.4 million hectares, roughly 15 percent of the Kingdom's remaining forest.(5) Although ban on logging exists, deforestation continues.

At the first stage (SNC moratorium and UN resolution), Cambodia log case is a disagreement between Thailand, Khmer Rouge, the other three factions, and member nations of the UN except Thailand. At the second stage (Royal Cambodia ban), this case is a disagreement between Finance, Environment, and the Defense ministries of Cambodia and Thailand.

Top grade Cambodian timber is worth $ 80 per one cubic meter (35 cubic feet).(6) Thai official estimated the Khmer Rouge earned about $ 1 million per month from both the logs and gems.(7) The types of trees in Cambodia are pine, rosewood, and treak.

=King's outcry

King Norodom Sihanouk issued a cry of alarm at the rate of rampant deforestation in the country and called on all foreign companies to plant three trees for every one felled. The weekly English newspaper, the Cambodia Times, reported as follows:

In a letter to the press issued from his home here

    [Kemarin Palace in Phnom Penh], the King said the 
    consequences of deforestation were "tragic and even 
    fatal for Cambodia in the long term."

         "Since the 1980's until now some foreign countries 
    and companies as well as illegal groups and individuals, 
    have destroyed or are destroying Cambodia's forests, 
    so vital for agriculture and the survival of the Cambodian   
    people."  he said.

         King Sihanouk said there had been a marked 
    increase in deforestation this year [1995] and if this did 
    not stop the country would become a desert in the 
    21st century with the Tonle Sap lake, according to the 
    experts, becoming no more than vast mudflat.(9)

    The King's statement doesn't bind those companies in terms of

the Cambodian law, but there is a high possibility that this call will come true.

The figures of a British agency, Global Witness, put forest cover at 10.4 million hectares, including 3.5 million hectares of national parks, out of country's total area of about 18 million hectares. According to Global Witness, the figures are based on 1992-93 data and extensive deforestation has cut total cover to an estimated 30-35 percent of overall area.(10)

The Cambodian people have protested logging for human rights reasons--losing the valuable forest resources with little or no compensation.

ANALYSIS OF CURRENT POLICIES AND SOLUTIONS

INTRODUCTION

A legal logging industry would create additional forest revenue for the government, improve prospects for longterm political stability, improve investor confidence and protect the environment. The prevalent forestry regime of the 1990s, with its relationship to civil war, corruption, patronage, environmental degradation, and human rights abuses, has been pin-pointed as a key impediment to the process of reconstruction and sustainable development in Cambodia. In particular, the fact that only a small fraction of logging revenues has reached the legal economic system has been a situation of great concern to the international community, and the major donor countries. However, the last five years have seen the beginnings of positive developments as regard forest policy reform in Cambodia, developments that still have a long way to go, but which have brought together a variety of stakeholders to work together towards improved forestry management in Cambodia.

AID

The logging and deforestation problem became an issue for the international donor community for financial as well as ecological reasons. After the 1993 elections the international community made sizeable commitments of financial and technical assistance to Cambodia. However, the awareness of the magnitude of logging revenues being diverted from the national budget began to cause extreme concern among donor countries. The International Monetary Fund (IMF) was the first international organisation to respond to the RGC diversion of logging revenues from the Ministry of Finance to the Ministry of Defence. In November 1995 the IMF postponed the making of a US$20 million loan to Cambodia, citing as the reason inadequate forest management and protection, and the failure of the government to channel official logging fees to the central budget. A lack of inaction on the part of the RGC led to a freezing and finally a withdrawal of the IMF funds from Cambodia in mid-1997. Reports by the British Environmental Watchdog, Global Witness, have done a great deal towards raising awareness within the international community of the logging abuses happening in Cambodia, and the organisation has played a leading role in promoting action. Its regular reports have exposed the extent of corruption surrounding the logging business in Cambodia, and provided up to the minute facts and figures. So much was the criticism that the Cambodian government expelled Global Witness from the country in 2005 and banned the report in June 2007.

LOG EXPORT BANS

An initial measure introduced by the government in the attempt to curb deforestation and illegal logging was to place a ban on log exports. In September 1992, the Supreme National Council (the interim government) in conjunction with UNTAC, imposed a moratorium on log exports which would, from the 1st January 1993 allow only processed wood to be exported from Cambodia. This stop-gap measure, it was hoped, would provide time to establish sustainable forest management practices and to make forest inventories. Unfortunately, the ban led to an intensification of logging before the moratorium became effective, and once in place it proved difficult to enforce. 44 Talbott, K., 1998:157 16 Similar provisions have met with similar responses. In January 1995 the RGC imposed a complete ban on the export of logs and sawn timber. The ban was consistently breached because of the claim that stockpiles of ‘old felled’ logs remained in Cambodia and had to be removed to prevent wastage. Once a permit was granted the loggers would export the existing stockpile and simultaneously cut more trees. On 26th December 1996 the RGC wrote to the governments of neighbouring countries asking for help in the enforcement of the log export ban which was re-imposed on December 31st 1996. This again has been circumvented on numerous occasions. Log export bans have failed to be effective due to the pull-effect of a high regional demand and the push-effect of a very low state budget limiting greatly the incentives for the central and peripheral actors to implement forestry reform.

Deforestation has a profound effects on the river systems of the Tonle Sap and its floodplain

CONCESSIONS MANAGEMENT

Nearly all the remaining forests in Cambodia have been allocated by the RGC to international logging companies as private concessions. The Department of Forestry auctions concessions of forest land as 5-25 year leases and establishes maximum allowable harvest rates. It has been estimated that nearly 70% of Cambodia’s total land area has officially been allocated for concessions: timber concessions (7 million ha, 39%), protected areas (3.3 million ha, 18%), and agriculture, military and fishing concessions (0.7-0.8 million ha each, 12% total).45 The purported logic of the state in awarding large concessions to foreign companies appears to have been to enable them to better police those areas of forests and prevent illegal logging. However, in reality, the concessions have proved ineffective in ensuring sustainable management of forest areas46. Legal contracts favouring the concessionaire over the government, low timber royalties, and no method of ensuring good forest management typifies these deals, in addition to them being signed with little or no consultation with local peoples. In practice, concessions have been allocated on maps with little or no site verification or identification of local communities, cultural sites, watersheds, or sensitive ecological areas. The concessionaires largely ignore the Cambodian Forestry Code of Practice, drawn up by FORTECH in 1998. Most concession companies have been known to use the system of ‘collection permits’ issued by the Council of Ministers and MAFF. Collection permits are ostensibly issued for recovering ‘old felled logs’, but in reality are widely used to legitimise illegal log production and trade, and to avoid paying royalties and taxes on timber.47 Military units have also been directly involved in logging operations, either as guards or in organising illegal deals and exports. In short, the concession system has been successful in bringing a forest-based industry to Cambodia, but has done little in terms of long-term sustainable management. The concession system not only reinforces the fact that the local people have no control over their resources, but it also takes away the value of the forest for the local users, thus diminishing their interest in protecting the forest.

Case Study – Concessions in Ratanakiri Province

Following the cancellation of the Macro-Panin concession in December 1997, the government began to divide up the concession area among various other companies including Pheapimex-Fuchan and HERO Taiwan. Concessions in Ratanakiri cover 40% of the surface of the Province. They were all decided without consultation of the provincial authorities, the local populations, the IO/NGOs, or without social and environmental impact assessments. The Director of the United Nations High Commission for Human Rights wrote to the Minister of Agriculture under whose responsibility the Forestry Department lies, expressing her concern over the granting of further concessions in Ratanakiri Province. 47 ^[8] A 60,000 hectare concession, located to the north of the provincial town of Banlung, was awarded to HERO Taiwan company in 1998 with direct approval from the then Prime Ministers, Ung Huot and Hun Sen. The concession area overlaps land that is inhabited by almost 10,000 highland people living in thirty-five villages, but the concession was granted without their consultation. Logging commenced in May 1999.

There have since been reports emerging expressing concern with the concession operations. HERO was cooperating with Military Region One personnel in January 1999. The company has sub-contracted its logging activities to two sub-contractors and on an ad hoc basis to local people But roads and snig tracks constructed in the HERO concession have been seriously below the standards outlined in the Cambodian Forestry Code of Practice.

FOREST POLICY REFORM RECOMMENDATIONS50

In 1995 the RGC requested the World Bank, UNDP, and the FAO to conduct a selective review of important issues in the forest sector and to supervise sectoral development and policy. This resulted in the Forest Policy Assessment report. A draft was discussed with Government officials in February 1996 and presented at the International donors meeting in Tokyo that same year. The report criticised the basis of awarding concessions in Cambodia, highlighted the problem of illegal logging, and drew up benchmark figures for sustainable timber yield and potential revenues

In July 1996 the Government formed a National Steering Committee to manage forest policy within the Department of Forestry, and with technical assistance from international consultants, commissioned four projects to steer the forest reform process:, Forest Policy Reform (Associated in Rural Development Inc., USA), Forest Concession Management (FORTECH, Australia), Log Monitoring and Enforcement (Development Alternatives Inc., USA) and Legal Counsel (White and Case, USA). Between November 1997 and February 1998 the projects were carried out for forest resource planning, management and monitoring and create a new, simple, objective forestry law that would include penalties stiff enough to deter illegal logging.

FORESTRY LAW

The World Bank supported Legal Review was responsible for an analysis of the current Cambodian forest law (dated June 25th 1988), and for reviewing proposed draft forest laws that have been drawn up in recent years. It was decided that none of the laws were sufficiently comprehensive to protect the Cambodian forests. The existing forest law was considered to be ‘inaccessible, complex, inconsistent and unenforceable, more suited to a centrally planned economy, no reflecting current market oriented economy. In May 1998 the RGC decided to withdraw the proposed draft forest law from the National Assembly and to redraft new forest legislation. The objective is to establish a legal basis for administration, allocation and management of forest resources, which reflects the new RGC forest policy. The finalresult of the project will be the approval of the new Forestry Law by the Council of Ministers and, eventually, by both houses of the Parliament. In addition a Sub-decree on Forest Concession Planning, Management and Control, and a Subdecree on Community Forestry have been drafted. A problem with forest law enforcement in Cambodia in the past has largely been a result of the lack of transparency and accountability surrounding forest policy.

ILLEGAL LOGGING CRACKDOWN

On January 6th 1999 Prime Minister Hun Sen announced a sweeping crackdown on illegal logging consisting of the closing down of sawmills and the confiscation of timber and equipment. Again the crackdown illustrated how the RGC is able to extend its control countrywide and to crackdown on illegal activities. The MoE and MAFF established Forest Crime Monitoring Units in April 1999, and Global Witness has been appointed by the RGC as an independent monitor with the mandate to report forest violations directly to the Council of Ministers and donors. Generally the logging crackdown appears to have been effective. The quantity of logs felled and exported has dramatically declined since 1998 and there is widespread confirmation that illegal activities have been much reduced. However, some criticism has arisen: - The majority of small and medium-scale sawmill operations were closed down, but the majority of large-scale concessionaires and military operations acting illegally remained largely untouched by the crackdown - The prevention of small-scale sawmill activities was a blanket operation which resulted in timber prices rising beyond the means of most villagers - By April 1999 it was reported that there were some leaks in the crackdown in the form of exports to Laos and Vietnam, sometimes carried out by Military Region 1 and legal concession companies The logging crackdown caused the country’s domestic timber industry to suffer and for local timber prices to rise approximately $200-250 per m³, beyond the reach of most local users. In an effort to address this problem, the RGC has required the legal concessionaires to supply 20% of their production for local use. However, as the concessionaires have to pay the RGC US$54 per m³, this cost, plus extraction and transport costs, will also place the price too high. Cambodia requires approximately 170,000m³ of timber per year for domestic consumption. A reform of the domestic timber industry could ensure timber at sustainable prices for local use, while at the same time generating valuable tax revenue for the Ministry of Finance. A possible solution to this problem would be for the RGC to authorise, for example, two sawmills per province to provide timber for local use at set costs to be returned to the Ministry of Finance. The next few years will be crucial to Cambodia’s forestry sector. Major steps have already been undertaken – the Forest Policy Reform Project is underway, every timber concession is being reviewed, the Forestry law is being re-written, and the RGC has shown a definite commitment to clamping down on forest violations. However, what these processes have largely overlooked is the involvement of local communities. By providing access and user rights to the local communities who have traditionally used the forests, the RGC would be moving towards the desired goal of greater equity in resource distribution, to a devolution in central power, and thus to the increased sustainability of the Cambodian forests. 57 Fraser Thomas Associates, April 2000:44 22

COMMUNITY-BASED SOLUTIONS TO FOREST MANAGEMENT

INTRODUCTION

Despite the positive steps towards forest policy reform as outlined in the previous section, there has been little attempt by the RGC to address community approaches to forest management, approaches that could contribute towards the solving of the problems of deforestation and illegal logging. Measures such as the crackdown, which raised local timber prices, have in fact had adverse effects on local people increasing logging. Because timber royalties go to the RGC, there are no direct benefits to the local communities who may try to negotiate ‘compensation’ independently. Many NGOs feel that to successfully address deforestation, the co-operation and participation of local communities is a vital element as they depend on the forest reserves for their survival. There has been a strong NGO move in recent years towards promoting initiatives for community resource management in Cambodia.

The recommendations of the Forest Policy Reform stated that in terms of concession management local communities and authorities should be brought into the forest concession allocation process. Communities should have the right to participate in the decision as to whether to award a concession, and lands of traditional social, economic and cultural significance should be delineated and excluded from the concession. In Ratanakiri, however, attempts to promote community involvement in the HERO concession have proved less than conclusive.

COMMUNITY FORESTRY

Community forestry is a major forest management alternative to industrial forest concessions, in which significant forest management authority is conveyed to local communities. The justification for the transfer of use rights and management responsibilities of forest areas from the state to communities includes the following points: - The state is unable to effectively manage the large areas of land under its jurisdiction - Local communities are usually the primary users of the resource and thus, if given long term security over the benefits of sustainable management, will have an incentive to wisely use the resources - The state owns the land in the name of the country’s citizens, so properly managed use by citizens, supervised by the state, is justified.60 - By undertaking community forestry the conflict over forest land is reduced and sustainability can be increased. In turn this can lead to forest certification61 and higher returns from the forest resources Under community forestry, the rights to use, manage and benefit from a forest resource are held by the community or user groups as an entity. Since the benefits to each individual member depend on the overall success of the project, there is an incentive to manage the resource carefully. Community forestry promotes local knowledge, utilises local incentives to undertake sustainable management, and encourages devolution of authority. Commonly, community forestry has been encouraged on areas of degraded land with the aim of reforestation. National forest departments have fewer reservations for giving local communities the rights to manage resources where these resources are degraded. But community forestry may also be applied to areas of old growth forest with the aim of conservation and protection. 59 Chea Song (2 September 1999) Letter to Prime Minister Hun Sen re Report on HERO Forest Concession, Number 3555 Kor Sor Kor 60 Butterfield, ARD, March 1998:11 61 See Global Witness, April 1999, for information on timber certification 24 The experience of other countries has shown that community-based resource management systems are successful in protecting forests from uncontrolled logging and agricultural conversion by giving local communities ownership, access, management, use and benefit rights. Through such rights, local forest-dependent peoples can protect their livelihoods, manage the pace of their own development, and redress the current inequality of resource distribution. In particular, natural resource rights are vital for the survival of the indigenous highlanders who rely on the forests for a large proportion of their livelihoods, and who are marginalised from the dominant society in terms of geography, language, and culture. These forest dependent communities often have a good knowledge of the forest and strong incentives to manage it sustainably. Villagers could apply for long-term renewable concession rights to forest land. These can be usufruct rights, whereby the community or the individual gains the right to use and enjoy the benefits of the forest areas for a specific length of time as long as it is not damaged or altered. Alternatively, association title could be given, whereby members of a village register as an association with the government and apply as a group for title for communal forest land. Community forestry has already been introduced in several small-scale initiatives in Cambodia, with the goal of ensuring the long-term security and stability of the livelihood of rural and forest dwellers, while protecting, conserving or rehabilitating the environment by increasing the area of forest cover. It is gaining recognition as an effective strategy for achieving both sustainable forest management and socio-economic development objectives. Most of the initiatives emphasise developing pilot projects and have been instrumental in promoting and demonstrating community forestry. Both the MoE and MAFF/DFW have recognised responsibilities for community forestry, and each has established a national-level community forestry unit. Although national policies for community forestry are not yet clear, support for community forestry by the two Ministries and some of the provincial authorities has been encouraging. However, more formal recognition by the RGC for community forestry has yet to be given, particularly in areas where community forest areas conflict with other forest uses, in particular with logging and forest concessions.

Case Study – Ya Poey Community Forest, O’Chum District, Ratanakiri

In the spring of 1997 the six villages in O’Chum District, Ratanakiri formed a Community Forestry Association and agreed on forest protection regulations in the Ya Poey Community Forest area, and the functions and responsibilities of the Association. Ya Poey Community Forest allows members to collect bamboo, rattan and vines for domestic consumption; to cut timber for domestic purposes with permission from the relevant authorities; to gather other NTFPs for commercial purposes within the rule of law and without destroying the forest; and to hunt small animals and fish using traditional fishing and hunting gear. The regulations prohibit burning, all kinds of timber exploitation for sale, clearing land for swiddens and home gardens, mineral exploitation, fishing and hunting using modern technology and/or for commercial purposes, and hunting large mammals or endangered species. Twelve regulations were agreed upon and presented to the Provincial Rural Development Committee (PRDC) for consideration. The villagers submitted a request to the PRDC to approve a ninety-nine year concession for forest protection. In early July the Community Forest agreement for Ya Poey was endorsed by the heads of the Provincial and District departments of Forestry, Agriculture, Environment and Land Titles in Cambodia.

JOINT FOREST MANAGEMENT

Joint Forest Management is another option that may allow for the better management of Cambodia’s forests by recognising the need for strategies of interaction between forest-reliant people and the Cambodian government. Joint Forest Management builds on the precedent set by community forestry in that it promotes community involvement in the protection and management of forest resources, but it takes this a step further by advocating systems whereby the resources are managed by communities in partnership with the government and the private sector, thus contributing more directly to the national economy. Joint Forest Management schemes require the development of methods for increasing the productivity of existing natural resource systems, to satisfy both local and national demand. This requires current natural resource systems to be carefully and critically examined, identifying new opportunities for potential resource utilisation in a sustainable manner, and thus increasing productivity within a set area. Under such a scheme, rules and regulations for the utilisation of the resources would be drawn up by local communities in consultation with the government authorities, and these would be binding for all stakeholders. Within the forests of Northeast Cambodia there are many opportunities for increased efficiency in resource utilisation under a Joint Forest Management system. For example, opportunities exist within old growth forests where timber or NTFP productivity could be enhanced; areas of forest fallow could be examined for the potential to produce trees of commercial value while allowing the soil to regain fertility; existing or future plantations can be considered for their potential to increase economic returns through product variety; and land previously cleared but returning to permanent forest may allow for the enhanced growth and value of commercial species through careful thinning. Such strategies may allow for increased productivity of forest areas while excluding areas used for environmental protection, for cultural or spiritual purposes, or for local community needs. The beginnings of a Joint Forest Management project are currently taking place with highland communities in Som Thom Commune in Ratanakiri Province.

Case Study - Som Thom Joint-Forest Management Project, Oyadao District, Ratankiri

In Som Thom Commune, Oyadao, local communities together with the provincial authorities and UNDP have developed a land use plan for the commune. The plan outlines areas of agricultural land, agricultural concession land, spirit forests, village extension land, wildlife protection areas, paddy fields and multiple-use forest, and details rules and regulations for the management of these land-use areas as drawn up by the community in consultation with government departments. The district and the provincial authorities have given their support to this project. The Som Thom project demonstrates how local communities can take control of their land in addition to being willing for timber harvesting to occur providing it operates under the joint-management of the government, the concession companies and the communities themselves. The Ya Poey forest community have also shown a willingness to allow careful timber harvesting within their community forest. Such schemes have the benefit of being socially acceptable in that communities are involved rather than alienated, and they offer increased sustainability as the local-ownership increases the incentive of the local communities to ensure that the forest is harvested well. Unfortunately, the lack of legal framework at present precludes local ownership of forest land. 26 As these case studies show, there is still a long way towards the establishment of processes allowing for community participation in forestry management in Cambodia. However, the pilot projects outlined above are the important beginnings of such a process. Community involvement in forest management is essential if Cambodia is committed to moving towards increased sustainability and equity within the forestry sector. Community involvement has the potential to reduce conflict over resources, to protect livelihoods and preserve human rights, to maintain cultural values, and to acknowledge the importance of forests for reasons beyond the economic value of timber. 27

Cambdian forestry responsibilities

The Cambodian forestry sector in 1999 has seen almost unprecedented activity and progress. .

The RGC must continue to show political will to regulate and monitor the forestry situation with strong measures, allowing the balance of state interests, business interests and local community interests with a master plan for appropriate, sustainable and equitable development. § The RGC must allow for transparency and consultation with all decisions regarding the forestry sector, and provide for participatory processes that actively engage a wide-range of stakeholders The RGC must ensure that it takes into account all social, environmental and economic costs when considering the benefits of any land or forest development The RGC must ensure compatibility of land use allocation with the local communities who use or need access to the same land or resources on that land The RGC should call an immediate halt to operations within concessions on indigenous lands. This is particularly urgent given the mounting evidence of widespread illegal activities within the concessions and widespread disaffection of indigenous people The RGC must recognise the rights and ability of local communities to take on management responsibilities of land and forest and to work towards institutional and policy reform to cover and safe-guard these community rights § The RGC must recognise that provinces need to be involved in land-use planning as mutual land-use planning cannot be done at national level alone. The RGC must play a regulatory but also a facilitative role, and should concentrate on the capacity building of local authorities who will be better able to facilitate community resource issues § The RGC must continue to work towards the prevention of illegal and unsustainable logging activities through,for example, the maintenance of the log export ban, the drafting and enactment of the new forestry law, and the termination of concessions operating illegally or in contravention to their management plans. A closing down the parallel shadow economy under which illegal logging has thrived is a pre-requisite to creating a functioning judiciary and law enforcement agencies. The RGC should require all timber to be certified by an international auditor as originating in wound environmental and social practice. The Forest Stewardship Council (FCS), established in 1993, constitutes an internationally recognised and independent certification process.

INTERNATIONAL COMMUNITY RESPONSIBILITIES

The International Community must promote community involvement and participation in the management of forestry resources in Cambodia as a top priority. § The International Community should place increased emphasis on the importance of community involvement and participation in approaches to forest conservation, natural resource management and land planning § Pledges of loans or grants made by the international community should be carefully conditioned on the basis of respect for human rights and sustainable management of natural resources, in agreements that are informed and transparent to the public. Compliance to such written conditions should be closely monitored and the Cambodian government must be held accountable for its policies § The International Community needs to call for an immediate halt to operations within concessions on indigenous land until Cambodia has the institutional resources and political will to prevent human rights abuses and ecological abuses § The International Community should assist the RGC to develop community forestry or joint-forest management systems, thus encouraging local communities to continue to value forest resources through their increased involvement in their management § The International community should continue to support initiatives providing accurate information on forestry and land use issues from the local level, particularly concerning human rights, indigenous rights and forest management within Cambodia § Major importers of illegally cut Cambodian wood must take responsibility to exert severe control over the origin of wood products that are imported, and refuse transactions of wood of illegal and non-sustainable origin. Non-certified timber should not be imported from Cambodia. § International donors should co-ordinate their strategies to ensure that they do not pressure the RGC into counter-productive actions 64 source: Fox, J. (November 1997) Social Forestry as a Vehicle for Redefining Resource Management Institutions in Cambodia (Phnom Penh: ARD, Inc & Department of Forestry and Wildlife) 30

Conservation efforts

Cambodia has set aside more than one hundred square miles of habitat for the Bengal florican, a large grassland bird that is endangered due to habitat loss, according to the Wildlife Conservation Society (WCS).

Community forestry initiatives have been made by international NGOs (Mennonite Central Committee [MCC], Concern Worldwide, FAO) in collaboration with the Department of Forestry and Wildlife (DFW) since 1990 in a few provinces such as Takeo, K Chhnang, Pursat and Siem Reap Provinces.

The Community Forestry Network Meeting was established by the Cambodia Environment Management Project (CEMP) in 1996 and involves government institutions for the purpose of exchange and sharing information and experiences in community forestry practice. Since 1996, the Community Forestry Sub-decree (CFSD) has been drafted by the Department of Forestry and Wildlife and submitted to the Ministry of Agriculture Forestry and Fishery (MAFF) and Council Minister, but it was rejected to be revised. This was done by a working group, in consultation with all relevant institutions and organizations, and the local communities. This draft CFSD was then resubmitted to the MAFF and Council Minister for approval. The Community Forestry Working Group was initiated by the Sustainable Management of Resources in the Lower Mekong Basin Project (SMRP-MRC/GTZ) in 1998 to facilitate the implementation of various activities, and to assist in the policy and technical development to ensure that CF implementation has legal support in the field and also to exchange information among stakeholders.

The National Community Forestry Strategic Plan and Community Forestry Guidelines have been elaborated by the members of the Community Forestry Working Group since 2000 and have received funding from the Asian Development Bank (ADB). An interinstitutional training team, the Cambodia Community Forestry Training Team (CAMCOFTT), was established in 1998, and involved the Ministry of Environment, MAFF, Royal University of Agriculture and Concern Worldwide to train community forestry practitioners and government staff. It ceased operation in 2001. Since 2002, JICA has supported a Capacity Building Forestry Centre, using community forestry concepts as important criteria for building awareness to the key staff at the provincial level. By August, two out of the three courses planned for 2003 have been conducted.

Community forest management planning has been discussed with all relevant stakeholders in a national workshop in 2002 to elaborate the management planning procedures and technical tools. Other legislations under the Community Forestry Sub-Decree are being developed by the Community Forestry Unit involving all stakeholders.

COMMUNITY FORESTRY IMPLEMENTATION IN THE COUNTRY

Since 1990, 150 community forestry units have been established in 344 villages, 96 communes and 55 districts in 15 provinces to manage and use the forest resource sustainably. All these cover a forest area about 55, 568 ha under the jurisdiction of the DFW/MAFF. The local communities have organized community forestry committees, formulated regulations and developed management plans, but some units have not completed all these processes. Government institutions, NGOs and some international agencies provided technical advice.

List of community forestry units in Cambodia

Province	No. of districts	No. of communes	No. of Community Forestry units	Area (ha.)	Supporting organizations	Officially recognized by...
Banteay Meanchey	2	3	5	1, 074	CARERE, IFAD	PFO
Battambang Province	6	6	17	3,950	ADESS, CARERE	PFO
Kampong Chhnang Province	3	9	13	848	Concern	PFO
Kampong Speu Province	2	4	4	438.5	Oxfam-American, Prasac II, LWS, GTZ	PFO
Kampong Thom Province	3	3	12	700.1	CFRP	PFO
Kampot Province	3	3	12	5 035.5	GTZ/RDP	PFO
Koh Kong Province	2	2	2	3 254	CFRP, AFSC/SLP	PFO
Kratie	4	5	12	1 637.8	SMRP/CFRP	PFO
Mondulkiri Province	2	2	2	326	SMRP/CFRP	PFO
Preah Vihear Province	3	5	2	8 700	BPS, Oxfam GB	PFO
Pursat Province	5	11	13	3, 344.3	Seila, Ausaid, Concern, ADESS	PFO
Ratanakiri	6	11	12	12, 551	NTFP, CBNRM, IDRC/PLG/SEILA/UNDP	PFO
Siem Reap Province	11	25	35	11, 529.7	FAO, IFAD ADESS, EPDO	PFO
Svay Rieng	2	4	1	1,704	Oxfam GB, CIDSE, CRS	PFO
Takeo Province	3	5	1	475.17	MCC/DFW/MAFF	PFO

Total

 55, 568.07

Community forestry initiatives are still very much driven by international donor organizations, international and national NGOs, but recently communities are becoming more proactive, using direct approaches to address local problems.

The legal framework for community forestry is provided by the Constitution (1993), Environmental Protection and Natural Resource Management Law (1996), Royal Decree on Creation and Designation of Protected Areas (1993), Forest Concession Sub-decree (2000), Land Law (2001), Commune Administration Law (2001), Forestry Law (2002), and the Community Forestry Sub-decree (Draft). The legal framework recognizes decentralized forest management by communities and their customary rights to use forest resources. Yet it is still fragmented and inconsistent with conflicting statements in different legislatives. Unclear issues are taxation, benefit sharing, co-management, prakas needed for forest management planning, inventory procedures and approaches.

Decentralization efforts of the government related to natural resource management are supported by the SEILA Programme to integrate and mainstream natural resource and environmental management into general decentralized planning framework and to support a balanced socio-economic development process.

Emphasis is given to the strengthening of local structures and planning capacities (commune level) through intersectoral facilitation teams to integrate and address natural resource and environmental issues into their general planning process. The concept of land-use planning was introduced in 1999. Participatory land-use planning was regarded as essential to facilitate the process of land registration, resolve and avoid land conflicts, and facilitate participatory decisions on land uses as a basis for sustainable NRM. An eight-step approach gives guidance to local authorities, especially commune councils. The Land Management Project (LMP) supports land policy development, systematic land registration according to the Land Law, and development of guidelines and procedures.

The Community Forestry Working Group (CFWG), established in 1998, has been involved with relevant institutions, donors and interested organizations, and has held bimonthly meetings. Their goals and objectives are "To promote participatory processes among stakeholders in the management of forest resources as a means to contribute to decentralization, poverty reduction and sustainable forest management". The aim to increase awareness and understanding of community forestry among government stakeholders, civil society organizations and rural populations and impove collaboration between community forestry and broader natural resource management initiatives.

HUMAN RIGHTS AND CAMBODIAN FOREST

An Indigenous tribe from a rural village meeting with a lawyer in Phnom Penh to discuss land reclamation and deforestation in their village

Article 31 of the Cambodian Constitution recognises and respects all human rights stipulated in covenants and conventions related to human rights. every individual has a right to life. Article 6 of the ICCPR states that everyone has ‘the inherent right to life. This right shall be protected by law.’ Consequently, governments have a duty to preserve, or at the very least, not harm, the resources upon which individuals depend for their survival. Land, forest and fishery access rights are of primary significance to most rural Cambodians as a source of food security and livelihoods. A variety of subsistence strategies have helped to protect rural Cambodians against catastrophe in any particular area. Forest resources are an essential part of this subsistence ‘safety-net’. Deforestation undermines a staple of rural Cambodian livelihood strategies and reduces the ability of the rural poor to avoid landlessness and poverty. Timber exploitation often fatally compromises the ability of forest residents to gather NTFPs, thus preventing them from pursuing their own livelihoods. Virtually all legal revenues from timber exploitation flow directly to Phnom Penh and little if any is reinvested into the communities that have suffered the most from deforestation and environmental damage. Thus, the distribution of forestry revenues is deeply flawed and damaging to health and life because of its inequality. In conclusion, both the distribution of costs and benefits from current forest exploitation are systematically skewed against forest-dependent communities in favour of military and political elites in Phnom Penh. Consequently, the current system of timber exploitation has an important impact through the exacerbation of income inequalities throughout Cambodia. ^[9]

Outlook

If Cambodia is going to prosper as a country, it is important that they first solve their environmental problems. Cambodia's natural resources, namely its forests and fish, are very important for many reasons such as a source of income and providing food for the country. If these resources are damaged or not protected it will pose serious problems. Also it is important that the country takes care of its problems with toxic waste. The easiest and most effective way to do this would be to join the Basel Convention. One of the government's top priorities should be to protect the environment because without it Cambodia will have more serious and widespread problems in the future

References

^ http://www.planetark.org/dailynewsstory.cfm/newsid/20049/story.htm
^ Bryant and Parnwell (1996) Environmental Change in Southeast Asia: People, Politics and Sustainable Development London: Routledge
^ Talbott, (1998:151) Logging in Cambodia: Politics and Plunder in Brown, F.Z & Timberman, D.G. (eds)
^ Cambodia and the International Community: The Quest for Peace, Development and Democracy (Singapore: ISEAS)
^ Woodfuel Flow Study Team (December 1998) Woodfuel Flow Study of Phnom Penh, Cambodia (Bangkok: FAO), p.1
^ Global Witness, (March 1998) Going Places: Cambodia’s Future on the Move (London: Global Witness), p.13 34 Global Witness, April 1999
^ Colm, S. (May 1996) Effects of Oil Palm Plantation Development on Indigenous Communities, Ratanakiri Province Banlung: NTFP Project
^ Henderson, D. (April 1999) Report to JICA: The Forest Sector in Cambodia (Phnom Penh), p.8
^ Huq, A. & Muller, D. (1999) Human Rights and Cambodian Forestry Practice (Phnom Penh)

REFERENCES This analysis has been compiled with reference to various reports, meeting and workshop minutes, working papers and field notes provided by NGOs working in Ratanakiri Province. In addition, the following material was consulted: ARD,Inc (May 1998) Forest Policy Transition Paper for Cambodia – Final Draft (Phnom Penh: ARD, Inc & Department of Forestry and Wildlife) Bottomley, R. (1999) Cambodian Forests: The State, People and Resource Control, Ratanakiri Province, Northeast Cambodia unpublished MA dissertation, University of Sussex Brown, D. and Schreckenberg, K. (1998) Shifting Cultivators as Agents of Deforestation: Assessing the Evidence (London: Overseas Development Institute) Butterfield, R. (March 1998) Community Livelihoods and Common Property Resources in Cambodia Technical Paper No.6, (Phnom Penh: ARD,Inc and Department of Forestry and Wildlife) Colm, Sara (May 1997) Options For Land Security Among Indigenous Communities, Ratanakiri, Cambodia (Banlung: NTFP Project) Colm, S. (1997) Land Rights: The Challenge for Ratanakiri’s Indigenous Communities in Watershed, Vol. 3, No.1, July – October 1997 Curtis, G. (1998) Cambodia Reborn: The Transition to Democracy and Development (Washington: Brookings Institute) Economist (June 17th 1995) Cambodia’s Wood-Fired War Emerson, B. (1997) The Natural Resources and Livelihood Study, Ratanakiri Province, northeast Cambodia (Banlung: Non-Timber Forest Products Project) Fox, Jefferson (November 1997) Social Forestry as a Vehicle for Redefining Resource Management Institutions in Cambodia (Phnom Penh: ARD, Inc and Department of Forestry and Wildlife) Fraser Thomas et al (August 1999) Kingdom of Cambodia Sustainable Forest Management Project – Inception Report (Phnom Penh: Project Office, Department of Forestry and Wildlife) Fraser Thomas Associates/ADB (April 2000) Cambodian Forest Concession Review Draft Report (Phnom Penh) Global Witness (March 1995) Forests, Famine and War: The Key to Cambodia’s Future (London: Global Witness) Global Witness (February 1996) Corruption, War and Forest Policy: The Unsustainable Exploitation of Cambodia’s Forests (London: Global Witness) 37 Global Witness (June 1997) Just Deserts for Cambodia? Deforestation and the Co-Prime Ministers’ Legacy to the Country (London: Global Witness) Global Witness (March 1998) Going Places: Cambodia’s Future on the Move (London: Global Witness) Global Witness (February 1999) Crackdown or Pause: A Chance for Forestry Reform in Cambodia? (London: Global Witness) Global Witness (April 1999) Made in Vietnam – Cut in Cambodia: How the Garden Furniture Trade is Destroying the Rainforests (London, Global Witness) Global Witness (December 1999) The Untouchables: Forest Crimes and the Concessionaires – Can Cambodia Afford to Keep them? (London, Global Witness) Global Witness (March 2000) ADB Concession Review – Still Falling Short (London: Global Witness) Henderson, D. (April 1999) The Forest Sector in Cambodia – Report to JICA (Phnom Penh) Huq, A. & Muller, D. (nd) Human Rights and Cambodian Forestry Practice (Phnom Penh) Huq, A. (1999) Bitter Harvests: Forestry Concessions in Cambodia (Phnom Penh) Huq, A. (1999) Access and Management Rights for Natural Resources – Options for Cambodia (with an Emphasis on Indigenous Rights) (Phnom Penh) McCreery, R. (6th February 1998) Letter to Tao Seng Huor, Minister of Agriculture, Forestry and Fisheries, (Phnom Penh: UNHCHR) NGO Forum on Cambodia (February 1999) NGO Statement to the 1999 Consultative Group Meeting on Cambodia (Phnom Penh: NGO Forum on Cambodia) Talbott, K. (1998) Logging in Cambodia: Politics and Plunder in Brown, F.Z. & Timberman, D.G. (eds) Cambodia and the International Community: The Quest for Peace, Development and Democracy (Singapore: ISEAS) Tao Seng Huor (24th February 1998) Letter to Rosemary McCreery, Director, UNHCHR, (Phnom Penh: MAFF) White, J.(1996) Highlanders of the Cambodian North-east in Centre for Advanced Study Cambodia Report, (Phnom Penh: CAS) pp.13-16 Woodfuel Flow Study Team (December 1998) Woodfuel Flow Study of Phnom Penh, Cambodia (Bangkok: FAO) World Bank/UNDP/FAO (1996) Forest Policy Assessment, Cambodia (Phnom Penh: World Bank/UNDP/FAO)

External links

[[Category:Deforestation] [[Category:Environment of Cambodia]

[1] ttp://www.planetark.org/dailynewsstory.cfm/newsid/20049/story.htm

[2] Bryant and Parnwell (1996) Environmental Change in Southeast Asia: People, Politics and Sustainable Development London: Routledge

[3] Talbott, (1998:151) Logging in Cambodia: Politics and Plunder in Brown, F.Z & Timberman, D.G. (eds)

[4] Cambodia and the International Community: The Quest for Peace, Development and Democracy (Singapore: ISEAS)

[5] Woodfuel Flow Study Team (December 1998) Woodfuel Flow Study of Phnom Penh, Cambodia (Bangkok: FAO), p.1

[6] Global Witness, (March 1998) Going Places: Cambodia’s Future on the Move (London: Global Witness), p.13 34 Global Witness, April 1999

[7] Colm, S. (May 1996) Effects of Oil Palm Plantation Development on Indigenous Communities, Ratanakiri Province Banlung: NTFP Project

[8] Henderson, D. (April 1999) Report to JICA: The Forest Sector in Cambodia (Phnom Penh), p.8

[9] Huq, A. & Muller, D. (1999) Human Rights and Cambodian Forestry Practice (Phnom Penh)

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