KINGDOM OF CAMBODIA NATION RELIGION KING

Sustainable Development of Forest Resources in Cambodia
Research Report Presented to

The Faculty of the Graduate School Norton University Phnom Penh, Cambodia

by Sorn Somoline August, 2008

ABSTRACT
Sustainable development is development which meets the needs of the present without endangering the needs of the future. From this concept sustainable development of forest resources in Cambodia is the way how to manage the forest resources for current needs and also consider the available resources for future generation. In Cambodia, forest resources play an importance role in economic improvement, social, cultural and livelihood of the rural people. Cambodia's primary rainforest cover decreased from over 75% in 1960s to about 60% today. Illegal and unsustainable logging by commercial enterprises, military, local authorities, and a growing rural population have resulted in high rates of forest loss and degradation. With the increasing of the population the demand of forest for their living such as house building, fuel wood, food has been increased day to day.

Development of Cambodian forest resource must take place within a severely constrained and challenging context. In term of sustainable development of forest resource, the Cambodian government has taken a number of activities in recent years to solve problems in the forest sector. These include the preparation of policies and legal framework for long term sustainable management of forests, law enforcement against illegal logging, preparation of institutional framework to compose of different actors and rules that provide the incentives to behave in particular ways and ultimately determine the form that policy takes on the ground and harmonization the forest management system into the regional and global.

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TABLE OF CONTENTS

TITLE PAGE ………….. ............................................................................................................i ABSTRACT ………………………………………………………………………………...... ii TABLE OF CONTENTS …………………………………………………………………..... iii ACRONYMS …………………………………………………………………………….........v

CHAPTER I INTRODUCTION
1.1. Overview of the Research .................................................................................................01 1.2. Statement of problem ........................................................................................................02 1.3. Research questions ............................................................................................................04 1.4. Objectives of the study ......................................................................................................04 1.4. Significance of the study ...................................................................................................05

CHAPTER II DISCUSSIONS
2.1. Cambodia policies and legislation for sustainable forest management................... ......... 07 2.1.1. Policies support forest management. .................................... .............................08 2.1.2. Legislations ....................................... .................................................................09 2.2. Key challenges of Government for sustainable forest management..................................11 2.2.1. Law enforcement against illegal logging ............................................................12 2.2.2. Forest management system .................................................................................14 2.2.3. Institutional framework.......................................................................................15

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CHAPTER III CONCLUSION AND RECOMMENDATIONS
3.1. Conclusion.................................................................................................................... .....21 3.2. Recommendations .............................................................................................................23 REFERENCES...........…………………………………………………………………….....26

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ACRONYMS

ADB CI CP CTS DNCP DOF EIA FA FAO FCMU IMF JP LLO MAFF MLMUPC MOE MOJ NGO NTFP RGC

Asian Development Bank Conservation International Law on Criminal Procedure Case Tracking System Department of Nature Conservation and Protection Department of Fisheries Environment Impact assessment Forestry Administration Food and Agriculture Organization Forest Crime Monitoring and Reporting Unit International Monetary Fund Judicial Police Legislation and Litigation Office Ministry of Agriculture, Forestry and Fisheries Ministry of Land Management, Urban Planning and Construction Ministry of Environment Ministry of Justice Non-Government Organization Non-Timber Forest Products Royal Government of Cambodia

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CHAPTER I INTRODUCTION 1.1 Overview of Cambodian forest resources
In Cambodia, forest resources play an importance role in livelihood of the rural people. About 85% of the population live in rural area and depend on forest resources for their subsistence such as logging, non timber collecting, wildlife hunting and cooking by using fuel wood. Forests provide households a means for diversifying their subsistence and income-generating activities, optimizing their labor resources during different seasons, and "insuring" against the risks of agricultural failures. Moreover, people with no land, little money for capital investments, and few alternative livelihood opportunities can still often collect forest products for subsistence. In this manner, Cambodia's forest resources not only provide a foundation for food security, income, and employment for most of the population, but also an essential "safety net" for the rural poor. Forests provide a range of environmental services, which have benefits outside the immediate area of the forests. In Cambodia, the forests provide an important source and protection for watershed. Forest have the function in balancing the environment like helping the regulating of water flow in the river, controlling erosion of soils, the conservation of animal and plant biological diversity. In particular, they perform essential functions in ensuring fish breeding grounds and in regulating water flow to farmers in the lowlands. Furthermore, Cambodian forest provide the social and economic importance in national development like supply wood material for the production of large and small industrial logs.

2 The forests resources in Cambodia are diverse and comprise a variety of evergreen, deciduous, mixed and mangrove forest types. Current estimates of remaining natural forest cover vary considerably, but the consensus is that about half of Cambodia’s land area has some form of forest cover. Cambodia's rainforest cover has decreased from over 75% in 1960s to about 60% today (Forestry Administration report, May 2007). The degradation and conversion of Cambodian forest are mainly caused by illegal logging, over exploitation, forest land encroachment and grabbing, improper of forest management and lack of law enforcement. Otherwise high population growth which needs more land for cultivation, the increase demands of wood and non-wood product of local, poverty and the development of infrastructures such as road construction, dam construction are also caused the degradation of the forest resources.

1.2

Statement of the problem
The population in Cambodia now is around 13 million with the growth rate at 2.5

(National Statistics 2004). With the increasing of the population the demand of forest for their living such as house building, fuel wood, food has been increased day to day. It caused the shortage of forest resources that affect to the livelihood of the people and the environment like flood, draught, especially the climate change. The improper used of forest resources will affect to the ecosystem of the forest, wildlife, aquatic and water resources. The country has only about 10 million hectare of forested area remaining (Forest cover assessment year 2002, Forestry Administration). Most of the logging is conducted to satisfy the international demand for tropical timber. Logging rates accelerated dramatically during the 1990's when unprecedented numbers of lumber mills were constructed. Besides cutting forests for construction, land property, cutting pressure

3 on forests also exist to satisfy the growing demand for energy. Fuel wood is the number one source of energy in Cambodia and is widely used for cooking. Period of 1970s, the estimated annual production of logs and fuel woods was 385,000 cubic meters and

357,000 cubic meters respectively, and average log exports amounted to 94,508 cubic meters. During the period of 1990s, log production increased substantially each year from 600,000 cubic meters in 1991 to 4.3 million cubic meters, with export earning of 114 US$ million, in 1997 (Department of Forestry and Wildlife report, 2001). Large tracks of natural forest are under heavy pressure due to logging, encroachment, shifting cultivation. With the population growth rate at 2.5 %, the rural people estimate 85% of total population use fuel wood for cooking that particular to forest degradation. An estimate six million cubic meters of wood is used every year as fuel wood (Reforestation Office Report, 2001). As a result, Cambodia’s rich natural habitats have been significantly degraded, affecting the quality and quantity of habitat for biodiversity and non-timber forest resources, both important elements of food and livelihood security. Cambodia’s coastal, marine and freshwater resources are also being degraded by a combination of river and coastal sedimentation (often linked to logging), conversion of mangroves, poorly managed shrimp aquaculture and salt farming and dynamite fishing. Pressures on aquatic resources and on environmentally-significant wetlands are also increasing rapidly, most notably from over-fishing, illegal fishing practices, increasing use of hazardous pesticides, and conversion of flooded forests, as well as swamp drainage for agriculture.

The causes of the decline in available forest resources are reportedly illegal and unsustainable logging practices and restrictions on access to forest concession areas.

4 Illegal and unsustainable logging by commercial enterprises, military, local authorities, and a growing rural population have resulted in high rates of forest loss and degradation. Weak governance and unsustainable resource use, shifting cultivation in the upland areas, especially in the northeast of the country, and forest clearing for agriculture are causing rapid deforestation. The main problem of illegal logging is the weak of forest management system and lack of law enforcement.

1.3

Research questions
Concerning the problem mentioned above, this research will respond to the following

questions: 1. What are the policies and legislations that support the sustainable forest management in Cambodia? 2. What are the key challenges of government enforcement agencies to eliminate the illegal logging? 3. What is the effective mechanism that the government and all stakeholders should set up to manage the forest resources in a sustainable way?

1.4

Objectives of the study
The main objective of this study is: 1. To identify the policies and legislations for supporting the sustainable forest management in Cambodia. 2. To ensure the key challenges of government agencies for sustainable forest management. 3. To determine the effective mechanism for the forestry sector and all stakeholders to implement the sustainable forest development in Cambodia.

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1.5

Significance of the study
The finding of this report will contribute significantly to the management system

of forest resources in Cambodia in the sustainable way. It can serve as the guidelines for forestry institution and local community to manage and utilize the forest resources in Cambodia for improving their current uses and also for the next generation. This research will provide the effective mechanism for implementing the sustainable forest development in Cambodia. Other more, this research report will serve as future reference for Cambodia Forestry Administration and student researches.

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CHAPTER II DISCUSSIONS
Sustainable development is development which meets the needs of the present without endangering the needs of the future1. From this concept sustainable development of forest resources in Cambodia is the way how to manage the forest resources for current needs and also consider the available resources for future generation. In term of sustainable development of forest resource, the Cambodian government has taken a number of activities in recent years to solve problems in the forest sector. These include the preparation of policies and legal framework for long term sustainable management of forests. According to World Bank's report in January 1999, the government issued a declaration for the forest estate. The declaration also announced a crackdown on illegal logging, ordered the police and armed forces to assist Department of Forestry and Wildlife in law enforcement, and banned forest clearing2. Some of the results of recent initiatives include the cancellation of 12 concessions early in 1999, a reduction in illegal logging, seizures of equipment and illegally harvested logs and wildlife, and the closure of hundreds of illegal sawmills. Towards the end of 1999, the government established forest crime monitoring units with international assistance and began a review of the concession system. A new Forestry Law was adopted by the National Assembly on August 31, 2002. The new Law is intended to clarify national forestry objectives, forest categories and jurisdiction, management and administration, resource rights, and enforcement.

1 2

World Commission on Environment and Development, 1987 Natural Resources and Rural Livelihood in Cambodia, CDRI,2002, page 103

7 This Chapter will discuss the important laws and policies for supporting the sustainable forest development and how the government takes action against illegal logging, conversion of forestland to other land uses, forestlands encroachment and forestland grabbing which are the crucial issues that will result forest degradation and deforestation. Moreover, this chapter also discuses about the roles of government, public and private sector in forest management; and the beneficiaries in forest sector. The participation of all stakeholders in forestry sector is very important for forest management especially involvement from the forest user groups (forestry communities) in sustainable forest management.

2.1. Cambodian policies and legislation for sustainable forest management
Development of the Cambodia forestry sector must take place within a severely constrained and challenging context. Emerging from a period of war and civil unrest that has weakened the rule of law and every aspect of society, Cambodia has few human and institutional resources to apply to the problems of the forest sector. Achieving the goals which Government has already set for itself in the forest sector, including sustained yield management, protection of biodiversity, mobilization of resources to support development in other sectors, and protection of traditional users, will require combined efforts by Government, the private sector, local communities, foreign investors and the international community. The high levels of illegal logging that now mark the sector, and which have led Government to adopt a ban on log exports and to drastically curtail exploitation by authorized concessionaires, are illustrative of the economic value of forest

8 resource and the scope for capturing larger benefits through improved sectoral management3. 2.1.1. Policy support forest management Sustainable development of forest management had stated in the Millennium Development Goal of Cambodia. These goals have set out the benchmark related to sustainable forest for years 20154 that focus on (i) maintain forest coverage of 60% of total land area; (ii) maintain the surface of 23 protected areas equal to 3.3 million hectares; (iii) maintain the surface of 6 new forest-protected areas equal to 1.35 million hectares; (iv) increase the number of rangers to 1200 in protected areas and 500 in forestprotected areas; (v) reduce the fuel wood dependency to 52%. The Government also ensures sustainable forest management through forestry reform that based on the three pillars5. To achieve this reform the government has approved on forest law in year 2002 and developed other legislations like Royal Decree, Sub-Decree, Prakas (declaration) and codes of practice (or guidelines). These legislations are the instruments and means for implementing the sustainable forest development of Cambodian forest. Cambodia’s National Forest Policy Statement and Guidelines were formulated in consultation with all stakeholders. The policy has been updated several times to reflect the needs and interests of different groups. The policy states clearly the government’s commitment to sustainable forest management, the assessment and optimal allocation of land resources, and the participation of local communities in protecting and managing forest resources. It also specifies the government’s role in promoting community forestry

3 4 5

World Bank Report on Cambodia Forest Policy Assessment, 1996

Cambodia Helving Poverty by 2015, World Bank , Poverty Assessment 2006 Rectangular Strategy for Growth, Employment, Equity and Efficiency, page 30

9 programs. The policy is based on the following elements 6 : (i) dedicating appropriate forest areas as permanent forest estates; (ii) promoting sustainable management with particular reference to conserving biodiversity and soil and water resources; (iii) assuring the traditional forest use rights and privileges of communities; (iv) sustaining and increasing the supply of forest products for social and economic growth; (v) enhancing the contribution of forestry to human welfare; (vi) strengthening the national economy, with special reference to equitable economic development; (vii) increasing the participation of local communities and the private sector in forest protection, management and improvement; (viii) supporting community forestry programs. 2.1.2. Legislations The Forestry law had been adopted by the National Assembly on August 31, 2002, which have 18 chapter and 109 articles. In this law have mentioned sustainable forest management in the article 8 and article 9 of Chapter 3 that provide the power to the Minister of Ministry of Agriculture, Forestry and Fisheries especially Forestry Administration the implementation of the objectives of the National Forest Management Plan. This law’s ambiguity provides the government substantial discretionary power regarding forest exploitation and management7. In addition to the new forestry law, a number of other forestry regulations have been issued by the government on forest management. These legislations include Sub-decree on Forest Concession Management, Sub-Decree on forestry community, and Code of practice for forest harvesting. Forest concession management sub-decree: The sub-decree, which was approved in 2000, ensures the rights and privileges of local communities and related

6 7

Royal Government of Cambodia/ARD 1998 White and Case Analysis, 1998

10 government institutions, and allows the private sector to participate in the allocation of new forest concessions, development of forest concession management plans and monitoring of logging operations. Moreover, the sub-decree requires a permanent consultative communal committee to facilitate discussions on all issues involving concessions and local communities living in or near concession areas. This measure is thought necessary to protect the subsistence and religious rights of local communities. The sub-decree also lays the foundations for improved industry performance by establishing a competitive bidding process for future concession management and planning.

Forestry community management sub-degree: According to Forest Law the customary user and right, management of community forest and private forest have mentioned in the article 40 " For local communities living within or near the Permanent Forest Reserves, the state shall recognize and ensure their traditional user rights for the purpose of traditional customs, beliefs, religions and living as defined in this article"8.

More recently, community forestry has received considerable attention as a potential alternative (or complement) to forest concession management. Community forestry is broadly an effort to support and empower communities to continue their traditional uses of forest resources and encourage sustainable practices. Community forestry is also intended to harness local knowledge and skills regarding forest management and ensure communities have a stronger voice in forestry sector decisionmaking. Sub-degree on forestry community a legal frame work to assist the people who live in rural area in establishing Community forestry to contribute in the sustainable
8

Article 40, Law on Forestry, 31 August, 2002

11 forest management of forest resources. This sub-degree also provides an effective means for a community forestry to participate in the reforestation, rehabilitation and conservation of natural resources such as forest and wildlife.

Code of practice for forest harvesting: The Cambodian code of practice for forest harvesting, which was prepared under a loan from the World Bank, passed into law on 26 July 1999 9 . The code is designed to ensure sustainable forest management in forest concession areas. It prescribes harvesting practices that protect the environment in line with the principles of sustainable development. These practices aim to protect sites of cultural significance, maintain the capacity of the forest to regenerate, improve the economic and social contributions of forestry, and ensure the health and safety of forest workers. Guidelines for implementing these practices exist in the areas (i) management planning systems; (ii) inventories in the forest management cycle; (iii) biodiversity conservation in protected forests; (iv) social forestry in concession areas; (v) management of timber theft; (vi) forest engineering; (vii) Environmental impact assessment; (viii) special management areas; (ix) the selection of silvicultural systems and the management of wildlife habitats, water catchments and forest inventories.

2.2.

Key challenges of Government for sustainable forest management
Sustainable forest management is a priority challenge of Cambodian Government.

In term of sustainable forest management the Government has put up the forest reform is the potential point in the rectangular strategy. The key challenges of the Government is to implement the law enforcement, forest management reform and set up the institutional

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Natural Resources and Rural Livelihood in Cambodia, CDRI, 2002

12 framework in order to cooperate with all stakeholder in forestry sector especially enable people to participate in forest resources management and encourage their ownership through forestry community. 2.2.1. Laws enforcement against illegal logging Illegal logging is increasingly recognized as a leading problem facing forest management globally. Pressure to stop illegal logging comes not only from environmental NGOs and environmentally aware consumers, but also from governments both of producer and consumer countries, as well as intergovernmental organizations and some actors in the private sector. Illegal activities primarily associated with commercial scale logging include: logging in protected areas and outside of concession boundaries, use of bribes to obtain concessions, logging of protected species, extraction of timber at levels higher than authorized, undervaluing and under measuring harvested timber, smuggling, transport, export and import of illegally harvested timber without paying taxes, and use in processing. In reality law enforcement actions by the Forestry Administration (FA) follow one of four courses. The first, giving of a warning, is a legally valid action under the Forestry Law (FL) which involves no penalty. The other three actions follow different administrative and judicial pathways: Path I - Transactional Fines, Path II - prosecution through the Courts, and Path III - seizure of forest products or by-products without the arrest of an offender. Because these different courses of action involve different combinations of the stages in the law enforcement chain, it is necessary to calculate their Enforcement Disincentives (ED) separately.

13 A finding of the study which has policy implications for the FA is that the current approach of using strong law enforcement as almost the sole strategy to deter potential offenders is likely to lead to an expensive and never-ending cycle of law enforcement and illegal activities10. The best outcome that can be hoped for from this approach is that the loss of natural resource values is kept within acceptable limits and that the necessary level of law enforcement remains affordable. The study also examined the conditions influencing the effectiveness of the FA Judicial Police. At present they are scattered through a variety of administrative levels within the FA, without any unity, real coordination or recognition of the professional nature of their role. Unless they can be brought under one national management unit, and given the level of practical, professional policing skills and knowledge that their task requires they are unlikely to become significantly more effective. An argument could be made for moving toward increased efficiency as well as increased professionalism by eliminating the duplication inherent in the present systems of FA, MOE and the civil Police, and amalgamating all forestry and wildlife enforcement under one organization. Because of the similarities in the methodology and, in some instances, the perpetrators, such an organization could be associated with, and under the same management as, enforcement against trafficking in humans and drugs. The FA (and the MOE) currently have Forest Crime Monitoring and Reporting Units (FCMU) which are under the scrutiny of the Independent Forest Monitor11. The FA FCMU operates a Case Tracking System

The effectiveness of Law Enforcement Against Forest and Wildlife Crime: A Study of Enforcement Disincentives and Other Relevant Factors in Southwestern Cambodia, 2005 11 Claridge, G., Veasna Chea-Leth and In Van Chhoan (2005). Enforcement Economics: Improving Law Enforcement for the Protection of Wildlife and Forest Resources in Cambodia - Report of Tasks 1 & 2. Conservation International, Phnom Penh.

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14 (CTS) that is supposed to record all detections and actions relating to forest crime, and to track the progress of cases. Though the FCMU is responsible for monitoring the effectiveness of law enforcement, the CTS does not produce a sufficiently wide range of indicators to allow any useful assessment of either effectiveness or the location of weaknesses in the system. It also is not utilized in increasing the likelihood of successful outcomes of law enforcement in individual cases. Investment in upgrading this database, using its outputs in an adaptive approach to management of law enforcement, and making its output available to field offices would yield very significant improvements in law enforcement. Overall, a change in the indicators used to judge success, not of the FCMU but of the whole FA, would make a substantial contribution to achieving sustainable forest management in Cambodia, including improved law enforcement. Success needs to be measured on the basis of changes to the area and quality of forest managed sustainably in accordance with its status (production, protection, etc.). 2.2.2. Forest management system Forest management system is the important factor of sustainable forest development. The Cambodian government has prepared their management system for (1) Forest land that focus on legal provision to indigenous people for collective titling of indigenous lands ; (2) Protected area under protection with a range of qualities, and a growing loss of biodiversity such as limestone forest, swamp forest, some mangrove areas, and open pine forests, sub-montane shrublands, grasslands and wetlands are excluded from the protected area system while areas of degraded forest are included and the institutional framework is incomplete and inconsistent, with competing jurisdictions between MAFF and MOE, and a legal framework still to be agreed for protected areas.

15 Forests under protection are managed by MOE as protected areas and by MAFF as protection forests 12 ; (3) Forest land for production that have major form of forest concession management, community forestry management, plantation forest management and unorganized multi-value harvesting13; and (4) Harmonization of forest management system in ASEAN 's sustainable forest management that have 6 criteria such as extent of forest resources, biological diversity, forest health and vitality, productive function of forest resources, protective function of forest resources and socio-economic function14 .These criteria have their own indicators for monitoring and assessment the forest resources changed and it is the best means for harmonization the forest management in Cambodia into ASEAN's forest management. 2.2.3. Institutional framework In institutional terms the forest sector is composed of different actors and rules that provide the incentives to behave in particular ways and ultimately determine the form that policy takes on the ground. The key actor for forest management is Forestry Administration but it needs the cooperation from all stakeholders in order to ensure the sustainable forest management. These stakeholders include all the related ministries, civil societies, donors and the end users. 2.2.3.1. The enabling agencies: These are the agencies that provide the specific policy context which is then implemented by different organizations: 1.Government agencies that all have some ‘claim’ over the forest lands and therefore affect what happens on the ground including: (i) The Ministry of Agriculture,
12 13

Forestry law, August 31, 2002 ,Royal Degree Forest Management, Independent Forest Sector Review, 2004, Chapter 3 14 Strengthening Monitor Assessment and Reporting on Sustainable Forest Management: National Network for Harmonization of Monitor Assessment and Reporting Information, 20/06/2008

16 Forestry and Fisheries with its implementing arm the Forestry Administration and, to a lesser extent, the Department of Fisheries; (ii)The Ministry of Environment with its implementing arm the Department of Nature Conservation and Protection; (iii) The Ministry of Land Management and Urban Planning and Construction; (iv) The Ministry of Industry, Mines and Energy and the Department of Mineral Resources. According to forest law The Forestry Administration is the government authority under MAFF taking responsibility in managing forest and forest resources within both permanent forest estate and protected forest except flooded forest which is under the management of Department of Fisheries and the management of forest and forest resources in protected areas is under MOE15. Anyway, the law has defined the right of cooperation with MOE in suppressing the forest offenses occurred within the protected areas. Under this law, FA has the duty to issue regulations to govern forest activities; study, prepare and implement forest management plans for both permanent forest estate and protected forest; demarcate and classify the forest states; restore and reforest on degraded forestlands; promote the development of forest communities; take appropriate measures to investigate, prevent and suppress forest destruction, forest fire and forest clearing; and assess all forest related activities that may have a significant adverse social and environmental impact prior to approval of such activities. This law also promotes to have public participation in any government decision that has the potential for heavy impact on concerned general citizens, livelihood of local communities and forest resources of the Kingdom of Cambodia; and to conduct ESIA for any major forest ecosystem related activities that may cause adverse impact on social and environment. Any final decisions by the Royal Government on major forest ecosystems related activities must consider the
15

Article 3, Law on Forestry, August 31, 2002

17 recommendations of the final EIA. MAFF shall propose to the RGC to designate as Protection Forest any part of the Permanent Forest Reserves, which qualifies as a special ecosystem area, an area of scientific, cultural, or tourism value or an area for biodiversity, water and soil conservation. Although FA under MAFF holds primary responsibility for
managing state-Prudent policymaking for the forestry sector requires up-to-date information on forest cover, stocks, and harvests. Five logging seasons have passed since the last update of forest cover data. A forest cover update, complemented with a sample of “on-the-ground” inventory studies, would provide an important indicator for assessing progress on forest management since 1997. In addition, such a study would help in identifying the range of places in Cambodia where deforestation is occurring most rapidly, allowing for a more comprehensive assessment of the root causes of deforestation and potential management solutions. Recent forestry reform efforts suggest an opportunity to reduce deforestation rates and develop management systems more beneficial to the rural poor. These efforts include the recent suspension of concession logging, issuing of a new Forestry Law and Sub-decree on Community Forestry, and development and expansion of community forest management. 2. Civil Society Organization: These agencies operate at two levels. They are

sometimes advocacy organizations working on behalf or their members or on behalf of groups who would otherwise not have voice. Secondly, some Civil Society Organizations act as delivery agencies providing technical or social services to communities and groups. 3. Donors: The donors are international agencies of governments or multilateral organizations, who, by reason of their nature or funding, are able to influenced government policy.

18 2.3.3.2. The framing agencies: These are the agencies that set the broader political context within which the forestry sector must operate e.g. Ministry of Interior, Ministry of Economy and Finance, and Council of Ministers. 2.3.3.3. The implementation agencies: These are the agencies and organizations that implement or deliver policy and who are affected directly affected by the policy framework and the formal and informal rules that determine who uses the forest resource, under what arrangements and for what purposes16. These include public organizations such as Government Departments, private sector agencies such as concessionaires and non –governmental agencies. These agencies build, interpret and implement policy on the ground, interact with each other both through the formal process that is provided through the legal framework and through informal processes based on networks of patronage and extraction. Power between agencies is exerted through their ability to capture resources and build stronger networks of allegiance. 2.3.3.4. End users of forest services: The ends users of forest services including, directly, forest livelihood-dependent groups and indirectly all citizens through a contribution to the national economy and the maintenance of environmental services. We can also recognize biodiversity and ecological services as an end in themselves. Figure 1 illustrates the policy or enabling framework through which the sector is governed. Government plays a central role, as the lead agent for policy. The policy framework acts as a hub through which services are delivered and users access resources. The policy framework also plays a key role as an instrument allowing citizens to contribute to sectoral policy and advocacy agencies to represent the voices and arguments

16

http://www.cambodia-forest-sector.net/partI-chap4.htm

19 of those who either cannot have their own voice (in the case of biodiversity) or are not sufficiently empowered such as the extreme poor.

Figure 1: Institutional Players and their relationship17

Donor

Overall Policy

Advocate

Sector Policy

Citizens

Government

Delivery

User

The term “stakeholder” is often used without distinguishing between different types of stakeholder, their interests and, therefore, their roles and relationships. There are at least four major sets of players in the sector, which need to be differentiated (i) Policy player : government, donors (through the funding choices they make); (ii)Delivery players include: government, private sector, military, NGOs; (iii) advocacy player: stakeholders (NGOs, associations such as the CTIA), scientific/environmental community; (iii) Beneficiaries: users/ forest communities member. In this case the policy
17

Independent Forest Sector Review, 2004

20 or enabling framework through which the sector is governed. Government plays a central role, as the lead agent for policy. The policy framework acts as a hub through which services are delivered and users access resources. The policy framework also plays a key role as an instrument allowing citizens to contribute to sectoral policy and advocacy agencies to represent the voices and arguments of those who either cannot have their own voice (in the case of biodiversity) or are not sufficiently empowered such as the extreme poor. This case the stakeholder can combine the important features of trust, transparency, openness and flexibility together.

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CHAPTER III CONCLUSION AND RECOMMENDATIONS 3.1. Conclusion
In the context of forest resources in Cambodia this study concludes that the sustainability of forest resources are required the effort of government and also the participation from all stakeholders. In terms of the population growth the demand of timber supply has been increase day to day because most of population in Cambodia live depend on forest for their livelihood such as household building, fuel wood, and land for cultivated . The declining of forest resources has become the crucial issue in Cambodia. Cambodia now has policies and legislations to support the sustainable forest management and also harmonize the management system into the regional and global forest management such as ASEAN, International Tropical Timber Organization, Forest and Agriculture Organization. The important thing for the Government is how effort the government should be take action on law enforcement. Actually, the policy and law are absolutely important for sustainable forest development in Cambodia. Anyway, the institutional frame work, the sector player and their relationship, public accountability and partnership and the administrative reform for the government system are the effective mechanism for sustainable forest development. Important institutional support has been gained in recent years through the country's participation in the International Model Forest Network18. Most importantly, an effective partnership process has brought stakeholders together to set up voluntary, cooperative partnerships and a Model Forest Partnership Committee. The committee is comprised of
18

Exemplary forest management in Asia and the Pacific, FAO, 2005

22 representatives of differences stakeholder groups including the government, Non government organization, industries, farmer, technology providers and academic organizations. The partnership committee provides a forum for exchanging ideas on forest management, resolving conflicts and encouraging participatory decision making. In Cambodia forest sector there are many conflict of interest related to forest management. Even the government has set up the institutional role in the forest management but the conflict has happened between the Forestry Administration and Ministry of Environment. Those conflicts come from the overlap in responsibility of the forest stakeholder. What has become apparent from this sectoral review is that the roles and, therefore, relationships between many of the key players are confused, creating a “policy nexus” resulting in a lack of transparency and trust between key players. There is confusion in the role of the military operating as service deliverers (contracted to protect forests) and as rent collectors along the roads. Anyway, some NGOs also play a duality of roles, operating as both provider of services and advocates for interest groups. This lack of transparency affects the legitimacy and effectiveness of their advocacy role. Other more, within government, there is also confusion of roles when officials are seen to make decisions and propose policies when their relatives or friends have related business interests. Otherwise, donors are seen by advocacy groups as a means of influencing government, and are, therefore, subject to interest group pressure. A clear and agreed strategy between donors and between donors and government is required to avoid piecemeal responses and ad-hoc use of conditionality, sometimes imposed by donors as a result of NGO pressure. This confusion of roles has been accentuated by the level at which the policy debate has been conducted, often centered around events and at the

23 stage of policy implementation (such as log transport permits, or the events at Tumring) rather than around the formulation of policy. Good policy rarely evolves as a result of immediate responses to difficult and “contested” events. Furthermore, the policy debate is narrowed down to the immediate interest groups and excludes wider constituencies. Public accountability and participation in decision-making has been limited in the forestry sector. In the main, forestry decision-making has been non-transparent both because of the dispersed structures and diverse actors through which they are made as well as the way in which powerful forces exert and exercise their interests over the sector. Above all, this makes the decision-making process a difficult one to engage with, particularly as the degree of civil participation in state-level decision-making is at a very early stage of development. This is both in terms of the limited capacity of government to respond to civil society participation as well as civil society’s weak capacity to exercise its own voice rather than through NGOs acting as its representative.

3.2. Recommendations
In order to reach the sustainable development of forest in Cambodia it needs the strategy on addressing illegal logging, community forestry activities, forest management system and mechanism support. Illegal logging is often a manifestation of deeper, structural problems in the forest sector. Strategies to address these issues include: (1) Providing assessments that link illegal logging and forest crime to livelihood concerns and determine the institutional capacity for governance; (2) Strengthening judicial systems and the rule of law; (3) Restructuring forest industries such that processing capacity does not exceed supply; (4) Reforming concessions, policies and regulations – e.g., the ability to terminate

24 concessions for non-compliance with regulations, use of independent observers and log auditing; (5) Promoting the adoption of log tracking technology to follow timber from harvest through milling to ensure that illegal wood does not enter the legal supply; (6)Visibly demarcating boundaries between concessions, protected areas, and indigenous territories; (8) Encouraging investments in sustainable forest management, which also gives investors an interest in stopping illegal forest management practices that distort market prices; (9)Developing common standards for measuring and reporting forest crime; and (10) Boycotting timber from conflict zones, particularly areas outside the control of recognized governments, and avoidance of collaboration with companies that trade arms for timber. At the community scale, a key problem is the lack of recognition and clarification of traditional property rights, including rights to ecosystem services provided by forests, as well as the criminalization of some traditional uses. This also gives communities greater incentive to collaborate in protecting forests against outside encroachment. Collaborative law enforcement will require effective decentralization of authority accompanied with appropriate resources available for implementation. An example of community participation in management and enforcement in exchange for limited access and use rights is the Joint Forest Management Network. The study recommends some strategy to address community activities include: (1) Recognizing and enforcing indigenous rights; (2) Including low-income and indigenous peoples in the process of rule making and implementation. As discussed above there are overlap of responsibilities and roles between forest stake holders as well as the confusion of the military role operating as service deliverers

25 (contracted to protect forests) and as rent collectors along the roads. To avoid this problem policy should be reformed to: (1) Reduce conflicts between formal laws and traditional norms and forest uses; (2) Establish or clarify property rights to ecosystem services and responsibilities for providing them; (3) Motivate stakeholders to collaborate in law enforcement by enabling them to effectively participate in decision making and share the benefits of legal harvesting and conservation; (4) Increase risk to those engaged in illegal practices; (5) Provide transparent mechanisms for conflict resolution. However, salaries of government in the forestry sector are so low that it is just not possible to support a livelihood on current salaries without supplementation through external employment (project, secondment or consultancy), private assets or means, or from ex-officio payments. Without affecting the demand side, by paying higher (and adequate) salaries, there remains little chance of achieving transparent and public-minded policies. Such a situation will work against gains to be made from establishing legitimate prior claim. Administration reform for bureaucrat is necessary for supporting the law enforcement. It is recognized that low salary of the forestry staff caused corruption and the law enforcement is not efficient. Anyway, the capacity of the forestry staff is still limited. In order to reform the bureaucrat, government should consider about staff salary and capacity building of forestry officer.

26 REFERENCES Brucw McKenney and Prom Tola, 2002, CDRI, Natural Resources and Rural Livelihood in Cambodia, page 103 World Bank Report on Cambodia Forest Policy, 1996 World Bank Poverty Assessment, 2006, Cambodia Helving Poverty World Bank (1999), Cambodia: A Vision for Forestry Sector Development, (World Bank Background Note: 1999 Cambodia Consultative Group meeting) Government of Cambodia, , Rectangular Strategy for Growth, Employment, Equity and Effectiveness, Page 30 Royal Government of Cambodia/ARD, 1998 White and Case Analysis, 1998 Law on Forestry, 31 August, 2002, Article 40 White and Case (1998), Analysis of Cambodian Law and Forest Concession Contracts,(Phnom Penh: Forest Policy Reform Project, submitted to Royal Government of Cambodia, Ministry of Economy and Finance, Ministry of Agriculture, Forestry and Fisheries) Royal Government of Cambodia (2000), Sub-Decree on the Forest Concession Management, (Phnom Penh: RGC No. 05 ONKR-BK) Royal Government of Cambodia, Law on Forestry, 2002. Gordon Claridge, Veasna Chea-Leth, In Van Chhoan, 2005, The effectiveness of Law Enforcement Againt Forest and Wildlife Crime: A Study of Enforcement Disincentives and Others Factors in Southwestern Cambodia. Gordon Claridge, G., Veasna Chea-Leth and In Van Chhoan (2005). Enforcement Economics: Improving Law Enforcement for the Protection of Wildlife and Forest Resources in Cambodia - Report of Tasks 1 & 2. Conservation International, Phnom Penh. Marry Hobley, 2004, Independent Forest Sector Review, Chapter 3 and 12 FAO, 2005, Exemplary forest management in Asia and the Pacific. World Commission on Environment and Development, 1987,

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