LESSON 1

COMMUNITY-BASED MANAGEMENT MODELS

LEGIBILITY AND LEGAL REQUIREMENTS

Objectives

To provide relevant key community-based management

development models of land and natural resources

To describe benefits that may procure from such practices

To specify the variances

development models

To illustrate legibility and legal requirement to manage or develop

land and natural resources according to those models

To list steps, processes and procedures for registration

To illustrate rights and roles of community and stakeholders in

managing land and natural resources based on those models

between

each

management

and

and

Expected Outcomes

Trainers/trainees will be able to list potential types of communitybased land and natural resource management and development that
may occur in their areas

Trainers/trainees will be able to determine if they are potential or

legible candidate for any land and natural resource management and
development model

Trainers/trainees will be able to determine if the communities under

SNAs/NGOs project intervention are legible to apply for management
and development rights

Trainers/trainees will be able to determine the benefits of each

management and development models to their locality

Trainers/trainees will be able to monitor if the holders of rights to

manage and develop land and natural resources in their locality abide
by proper rules and regulation

Trainers/trainees will be able to practices their rights and roles in

relation to community-based management models

Lesson Topics

What is community-based natural resource management (CBNRM)?

What are benefits of community-based management?

What is Community Forestry (CF)?

What is CF Registration Process and Procedure?

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What are rights and roles of stakeholder in CFi Management?

What is Community Fisheries (CFi)?

What is CFi Registration Process and Procedure?

What are rights of roles of stakeholder in CFi Management?

What is Community Protected Areas (CPA) Development?

What are rights of roles of stakeholder in CPA Management?

Training Plan:
Duration 3 hours:

1 hour for all trainees to do some reflection based on their past

experience that are related to community forestry, community
fisheries, community protected area and group discussion.

30 mn for group discussion

1 hour and 30 mn for Lesson instruction.

Training Activities

Discussion Question

Time
10
mn
All trainees are required to answer the
question for their points of view related to
the implementation of community forestry,
community
fisheries
and
community
protected area.
Then the trainees are divided into 3 groups 50 mn
depended on the specialists, institutions,
and types of community.

The three main group are going to discuss

some following questions:

Why do you need

forestry/ fisheries and
protected area?

If you need/ what do you want from

your partners in order to form a
community?

To ensure the community stability,

what is your action?

What are the right for community

members and their regulation?

Who are going to help you as you

face some challenges in managing
the community?

Materials
Markers

Facilitator

Flipchart
Markers
Bumper
Sticker

community
community

After group discussion, each group has 10 30 mn

mn for presentation

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Flipchart
Markers
Bumper

Sticker

Then the trainer make a summary for the 1 hour

and
class.
30
mn

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LCD
Projector

Flipchart
Markers
Bumper
Sticker

What is community-based natural resource management (CBNRM)?

CBRNM came about, to a large extent, as the result of two different
processes. Firstly, it is a grassroots, bottom up agenda, inspired by the goals
of sustainable development and bio-diversity conservation, gradually
broadening and transforming itself to also include a social agenda, and
becoming a broad social movement of sorts. The second process is a
macro-level, top-down effort spearheaded by multilateral funding agencies,
bilateral donors, and, above all, International NGOs and organizations
devoted to practical work and research. In addition, the many actors, that
is, stakeholders and agendas that constitute these two processes are
increasingly meeting, somewhere in the middle, aligning their experience,
realizing that they have the same goals, and that they stand a greater
chance of making a difference by joining hands, as well as their often
different means and resources. (CBNRM. World Bank)
CBNRM is the management of natural resources under detailed plan
developed and agreed to by concerned stakeholders. The approach is
community based in that the communities managing the resources have the
legal rights, the local institutions, and the economic incentives to take
substantial responsibility for sustainable use of these resources. Under
natural resource management plans, communities become the primary
implementers, assisted and monitored by technical services. (USAID)
CBNRM addresses interactions among the factors that influence
natural resource access, use and management patterns. The participation
and leadership of local people are essential in CBNRMs approach as
innovations must be built on voluntary improvements to local knowledge and
practice, rather than imposed from outside. It also requires recognition of the
heterogeneity and multiple interests of different community members and
outside resource users. (International Development Research Centre,
Canada, 2002).
In the context of Cambodia, CBNRM can be defined as: A diversity of
co-management approaches that strive to empower local communities to
actively participate in the conservation and sustainable management of
natural resources through different strategies including community forestry,
community fisheries, participatory land use planning, and community
protected area management. (CBNRMLI, Cambodia, 2005)
What are benefits of community-based management?
Community-based management of land and natural resources has
developed and emerged as a result of a combination of frustration and
optimism. The frustration comes from the efforts to protect and manage
vulnerable natural resources that have been limited by ignoring the needs
and interests of local communities and failing to acknowledge their
significant role and capability of managing natural resources. At the same
time, natural resource management elsewhere has been encouraged by the
successful participation of some communities in planning for sustainable
natural resource management.
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If natural resources and forests are to be sustainably managed,

community-based management models are necessary to meet goals of both
biodiversity conservation and securing the livelihoods of stakeholders,
including poor and marginalized groups (CBNRMLI, 2005). Although the two
goals have often been in opposition in the past, and represented by different
interest groups, both are important for three reasons (CBNRMLI, 2005):
-

Firstly, protecting biodiversity to maintain the integrity of viability of

particular ecosystems with their unique combinations of species of
flora and fauna, can have development payoffs, possibly more in the
long term than the short term. When linked to economic activities,
such as eco-tourism, there are more incentives and benefits attached
to the conservation of biological resources, including endangered or
threatened species.

Secondly, maintaining ecosystems such as watersheds for their

multiple services benefits communities, regions, nations and the
entire earth. This might include soil conservation and fertility,
sustained water accumulation and flow, favorable microclimates,
forest growth for both timber and non-timber forest products, fish
production, and purification of soil, air and water resources. These
benefit have definite economic value, though it is not always
commensurate with the costs to those persons and communities
whose cooperation is needed to preserve those resources.

Lastly, community-based management is often linked to the cultures

and values of those communities, and as such, is more likely to be
successful than other resource management approaches because the
capacities and incentives for communities to preserve ecosystems
and their attendant resources are greater under these conditions.

Experience and lessons learned indicate that community-based

management of land and natural resources can plan a key role in addressing
the link between, and concern about, social justice and environmental
degradation. Community-based management offers a great opportunity to
engage a range of relevant stakeholders, particularly marginalized people, in
planning and decision making processes that affect their well-being and
living environments. If effectively managed community-based management
creates opportunities and a forum for relevant stakeholders to meet their
basic needs without destroying the quality of the environment.
Particularly, Community Forestry or/and Fisheries provide benefits to
local communities and responsible institutions as following:
-

Ensure rights of local communities to use, harvest, and manage the

local resource in its own territory;

Provide the local community management areas which are legally

recognized by concerned stakeholders and Government agencies to
ensure secure accessibility and harvesting of common pool resources;

Establish boundary demarcation for community;

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Guarantee that all members of the community have equal rights in

the sustainable use of resources as stipulated in the by-laws;

Establishment of conservation area within the community area,

protection and restoration of shallow streams and lakes to improve
ecosystem and environments;

Increase community understanding and recognition of the benefits

and importance of sustainably managed resource through direct
participation in planning, managing, sustainably utilizing and
protecting resources;

Implement an effective community management plans in order to

achieve the binary objectives of improving the standard of living for
local communities and natural resource conservation through
sustainable resource use and equitable benefit sharing.

Sustainably use of resources available in the area through planning,

research and careful implementation of activities;

Limit illegal encroachment.

COMMUNITY FORESTRY
What is Community Forestry (CF)?
In Cambodia is meant to be an alternative management system that
enables the effective participation of local people and communities in
managing forest resources, focusing on the forest resources on which they
depend. In CF the right is granted to a local community living in or near the
forest to manage and utilize the forest resources in a sustainable manner
which is agreed upon between the Forestry Administration and the local
Community.
CF has been referred to as sustainable forest management by
participation of the local people, by making the objectives of the local people
central in forest management and ensuring that local people obtain
reasonable benefits from forest management. A failure to effectively engage
people in forest management contributes to forest degradation, to the failure
of forest management, and to short-coming in socio-economic development
and governance (CBNRMLI, 2005).
According to Sub-decree on Community Forestry Management (2003),
a CF Community can be initiated and established by local communities or the
Forestry Administration. In order to establish a CF Community, the local
communities shall submit a written request to the Forestry Administration
(Article 6).
What is CF Registration Process and Procedure?
The legalization process of a CF should follow the Sub-decree and
Prakas. The overall generic steps for implementing CF are similar. The
following are generic steps for establishing community forestry:

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Step 0: Identification of Potential CF Areas1

A necessary step towards promoting community forestry on a
nationwide basis is to clarify the status, legality and rights of all existing CFs,
including those inside forest concessions, and to decide where new
community forestry sites should be developed. The identification and
formalization process ensures that CFs are legally recognized and cannot be
easily converted to alternative land uses.
The identification and approval of potential community forestry areas
is the first step towards formalizing any kind of community forestry, and it
involves the local and central FA and MAFF, as well as local authorities and
NGOs. This will be a part of an overall plan of the use of the permanent
forest estate, where community forestry management is the preferred form
of management due to local communities interest and dependence on the
forest. Identification process for CF include the following:
-

Identification at the provincial and/or district levels of villagers living

in or close to the Permanent Forest Estate that might be interested in
being involved in one form of community forestry or another;

Systematic consultation by the FAC with the Commune Councils and

local communities to confirm interest in community forestry and that
areas are available, and to inform of the requirements, responsibilities
and benefits through extension and awareness-raising;

Commitment from Commune Councils and local Department of Land

officers that these areas will be included in Commune Land Use Plans
(CLUPs), demarcation and mapping of communal land of indigenous
communities and Commune Development Plans (CDPs) and
considered during identification and mapping of State Lands;

Demarcate the potential community forestry areas with all

stakeholders together using GPS, create maps and record the
agreement of stakeholders. All maps and associated documentation
to be maintained in a CF information management system at the
Cantonment level;

Forward maps and associated documents to district and provincial

authorities for inclusion in Land Use Plans, developed by the
Provincial/Municipal State Land Management Committees, and to the
central FA, for keeping by the Community Forestry Office (CFO). These
are also to be verified, and forwarded to MAFF for approval. These
maps and documents will also be circulated throughout MAFF to
ensure that proposals for the granting of land concessions and other
plantations dont overlap.

Step 1: CF Establishment

1 This case happens when any of the forestry authorities initiates the
establishment of CF in the area under their jurisdiction.
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Interested communities submit a formal application, certified by the

village chief to the commune and district councils, to the provincial governor,
and to the FA cantonment for approval, demonstrating that the formation
requirements have been met (e.g. 60% community members support CF
establishment in the case of CF).

Step 2: Information Gathering

A working group is set up comprised of the FA, the

community/commune and NGO representatives, to collect information about
the community/commune and the use of forest resources, and a report is
developed that will serve as the basis for future management planning.

Step 3: Establishment of CF Management Structure

In this stage, the management structure (CFMC or Board of Directors)

of the community forestry is established. Once the CFMC is established, a
formal request is sent from the CFMC to the FA cantonment requesting the
establishment of the CF. Moreover, based on article 21, the elected CFMC
shall have a term of five (05) years with the following roles and duties:
-

Prepare and adopt CF Regulation with involvement of the CF

community members and facilitation from local authorities and the
Commune Council;

Prepare and adopt CFMC by-laws with involvement of the CF

community members and facilitation from local authorities or the
Commune Councils;

Prepare a draft of the Community Forest Agreement with the

involvement of the CF community members and with technical
assistance from the Forestry Administration Cantonment upon
request;

Operate in accordance with the terms and conditions in the CF

Regulation, CFMC by-law and other relevant legislations;

Seek financial and technical support from FA, relevant institutions and
other donors to implement the CF operation;

Represent CF members in any negotiations and resolution of disputes

that may arise;

Open a bank account and manage CF finances in a transparent

manner and with responsibility;

Make decisions on CF development with the participation of the

majority of CF members in compliance with the CF Regulations,

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Community Forest
Management Plan;

Agreement

and

the

Community

Forest

Participate in the consultation to prepare regulations related to or

benefiting CF members;

Report and inform immediately about any forestry offense occurring

within a CF area to the nearest FA official;

Conserve and protect wildlife within the community forest; and

Perform other functions as necessary and as consistent with the

advice of the FA.

Step 4: Preparation of Internal By-Laws for CFMC

By-laws are developed by the CFMC/ Board of Directors/CC with

assistance from the FA or NGOs, as needed. The by-laws are approved by the
CFMC/ Board of Directors/CC and recognized by the Commune Council. The
by-laws are then disseminated to CF members for implementation.

Step 5: Demarcation of CF Boundaries and Mapping

With the assistance of the FA or NGOs, as needed, the boundary of the

CF is demarcated using GPS. This involves community members, as well as
representatives from adjacent villages, in order to avoid conflicts over
boundary locations.

Step 6: Preparation of CF Regulations

CF regulations are developed by the CFMC/ Board of Directors/CC with

assistance from the FA or NGOs, as needed. The regulations must be
approved by the CFMC/ Board of Directors/CC Chief and recognized by the
Commune Council, district authority, and the FA Cantonment. Approved
regulations are distributed to CF members to involve them in implementation
and enforcement.

Step 7: Preparation and Approval of the CF Agreement

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Community Forestry Agreement is a written agreement between a CF

community and Forestry Administration Cantonment Chief that grants and
protests the CF Communitys rights within any specific area to access, use,
manage, protect and benefits form forest resources in a sustainable manner.
A CF Agreement outlines roles and responsibilities of the CFMC/ Board of
Directors/CC. The CF Agreement is prepared by FA Cantonment and signed
by the CFMC/Board of Directors/CC, and the FA cantonment or other
authorities are granted the authority for signing such agreements. Based on
article 25 Community Forest Agreement shall be attached with:

A list of CF Community members and CFMC members;

The CFMC By-Laws and Community Forestry Regulations;

Statement on the objective of establishment and the objective of

management of forest resources with the certification of the
sustainable management of forest resources;

Inventory list of important forest resources in the area, outlined in

Community Forest Agreement; and

According to article 27, Community Forest Agreements shall be in effect

not more than a period of fifteen (15) years from the date of approval by the
Forestry Administration Cantonment Chief. Remarkably, based on article 28,
the Community Forestry Agreements may be terminated prior to the
expiration date based on one or more conditions as follows:
-

Written agreement between all parties;

Agreement among CFMC and at least 2/3 of the CF Community

members;

Noncompliance with or serious violation of, the terms and conditions

in the Community Forest Agreement and other provisions that causes
the non-sustainable use of forest resources;

An understanding of the RGC that there is another purpose which

provides higher social and public benefits to the Kingdom of
Cambodia.

By completing this process, the community has secured access to the

forest resources for an agreed period of time that will only be revoked if the
Community fails to meet the requirements outlined in the CF Agreement.
However, the following steps are still required in order for the community to
optimally manage the forest, to be able to commercialise forest products
legally and to maintain tenure over the land.

Step 8: Preparation of the CF Management Plan

Article 29 states that after the approval of the Community Forest
Agreement, the CFMC shall prepare a Community Forest Management Plan
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with participation of the CF Community members in compliance with

procedures in the CFMC By-laws.
A CFMC may request technical assistance to develop the Community
Forest Management Plan from the Forestry Administration, civil society
institutions or individuals with skill in Community Forest management.
Preparation procedures for Community Forest Management Plans shall
be determined by Prakas on guidelines for Community Forestry of Minister of
MAFF. The CFMC shall submit the Community Forest Management Plan to the
FA Chief for review and approval through the Forestry Administration
Cantonment. The final draft must be approved by the FA. Community Forest
Management Plan shall be in effect throughout the duration of the
Community Forest Agreement (Article 30).
Step 9: Implementation of CF Management Plan

The CFMP is implemented, and any associated enterprise operates its

business. Annual General Assemblies should be held and progress reviewed,
and new annual plans developed

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Step 10: Monitoring and Evaluation

Monitoring and evaluation will be carried out in close collaboration with the
NFP and Reporting. It should be emphasized that, although the above are
presented as steps, the order does not necessarily have to be followed
strictly, and many steps can be carried out concurrently. All steps should be
considered at the beginning of, and throughout, the process of establishing
of CF. Potential for marketing carbon will be considered throughout the
process, and may develop as a principal management objective and activity
in some CFs.
What are rights of roles of stakeholders in CF Management?
Local Communities
According to Article 10, the roles, duties and rights of CF community
members are clearly stated as following:
-

Follow the instruction of the Forestry Administration and MAFF;

Participate in developing and implementing CF Regulations,

Community Forest Agreement, and Community Forestry Management
Plan in compliance with Prakas of MAFF;

Participate in forest resources management in compliance with CF

Regulation, Community Forest Management Plan and other legislation
related to forestry sector;

Participate in sharing benefits from the community forest;

Participate in monitoring uses of CF resources by secondary users;

and

Participate in conserving, protecting, and planting trees to ensure the

sustainability of forest resources and environment.

The customers or any third party who has collected forest by-products from local communities with the purposes of tr

More basic rights for community members also include:

-

Customary Use Rights prescribed in article 40 of the Forestry Law:

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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.

The traditional user rights of a local community for forest products

& by-products shall not require the permit. The traditional user
rights under this article consist of:

1. The collection of dead wood, picking wild fruit, collecting bees'

honeys, taking resin, and collecting other forest by-products;
2. Using timbers to build houses, stables for animals, fences and to
make agricultural instruments;
3. Grass cutting or unleashing livestock to graze within the forests;
4. Using other forest products & by-products consistent with
traditional family use;
5. The right to barter or sell forest by-products shall not require the
permit, if those activities do not cause significant threat to the
sustainability of the forest. The customers or any third party who
has collected forest by-products from local communities with the
purposes of trade, in a manner consistent with the provisions of
this law, shall have the permit for forest by-products
transportation after royalty and premium payments.

A local community cannot transfer any of these traditional user

rights to a third party, even with mutual agreement or under
contract. These traditional user rights shall be:

1. Consistent with the natural balance and sustainability of forest

resources and respect the rights of other people;
2. Consistent with permissions
provisions of this law.

and

prohibitions

under

the

The right to barter, process, transport and sell NTFPs as described in

Article 40 in point 5 of the Forestry Law

CF community may continue to practice traditional Sweden

agriculture during specific period of time as determined in the
Community Forestry Management Plan, as authorized in article 37 of
the Forestry Law:

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Local communities that traditionally practice shifting cultivation

may conduct such practices on land property of indigenous
community which registered with the state. The divisions of the
Forestry Administration shall be authorized to manage and control
the shifting cultivation activity that is a part of the Community
Forest Management Plan. Shifting cultivation practices are
prohibited in natural intact forest in the Permanent Forest Reserves.
Forestlands reserved for shifting cultivation shall be identified by
Anu-Kret
-

The rights to appeal for decision which impact CF Community rights

The right granted under a Community Forestry Agreement within a

specific area that shall ensure the sustainable use of forest resources.

Finally, the community may not use the Community Forest in the form
of a concession; sell and transfer their rights granted in Community
Forest Agreement to a third party; and Harvest products and NTFPs
greater than the terms and conditions of the Community Forest
Management Plan (Article 15).

Government Sector
Importantly, the MAFFs shall have general jurisdiction over CF management
and the roles and duties as follows (Article 23):
-

Act as the lead authority over CF;

Issue Prakas to recognize and terminate the area requested for

establishing CF by the FA;

Issue Prakas on the guidelines for CF, the format of CF Regulations,

CFMC By-laws, Community Forest Agreements and Community Forest
Management Plans through the consultation process;

Coordinate with government institutions and relevant parties on the

implementation and development of CF management; and

Facilitate conflict resolution in CF areas;

The FA shall have the following roles and duties:

-

Assess and demarcate forest area for establishing CF;

Make decision to recognize, reject and terminate CF Communities;

Revise and approve Community Forest Agreement with a CF

community through the FA Cantonment Chief;

Review and approve Community Forest Management Plans;

Develop guidelines related to Community Forestry management that

are required by Prakas of MAFF;

Monitor and evaluate the CF process;

Assist CF communities in conserving spirit forest and religious forest;

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Coordinate with government institutions and stakeholders on the

establishment and implementation of Community Forest Agreements;

Facilitate the resolution of conflicts upon request by a CF Community;

Establish and manage CF Central Registry and map of Community

Forest;

Provide technical support to CF Communities;

Promote training to local FA and CF communities to effectively

implement CF activity and enforce this Sub- Decree;

Provide any information and documentation related to CF activity at

the request of a CF community; and

Enforce the implementation of legislation, including CF regulations,

CFMC by-laws, Community Forest Agreement and Community Forest
Management Plan.

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Local Authorities shall have the following roles to support CF:

Support CF development through the integration of CFs into

local government land-use and development plans, and
investment programs, as well as provide regular financial
support CF Communities.

Systematically document CF related data and

experiences gained from the implementation.

Establish and develop CF member networks, with the aims to

federating, to improve communication and lesson learning
between CF members, government agencies and other
stakeholders.

COMMUNITY FISHERIES
What is Community Fisheries (CFi)?
According to Sub-decree on Community Fisheries Management, CFi
refers to a group of physical persons holding Khmer citizenship who live in or
near the fishing area, voluntarily cooperate and take the initiative to improve
their own standard of living by managing, conserving developing, using and
processing fisheries resources sustainably to contribute to economic and
social improvement and poverty alleviation. The main intended outcomes of
fisheries co-management in Cambodia is to produce improved sustainability,
efficiency, equity an resilience provided by the provision of neutral
facilitation and promotion of dialogue between stakeholders (CBNRMLI,
2005).
Based on Article 1 in Royal Decree on Establishment of Community
Fisheries 2005, all Khmer citizens have the right to joint together to establish
community fisheries in their own local areas, on a voluntary basis and taking
the initiative to improve their own standard of living by using fisheries
resources sustainably to contribute to economic and social improvement and
poverty alleviation.
What is CFi Registration Process and Procedure?
The establishment of Community Fisheries shall follow the following steps:
Step 1. Establishment of Community Fisheries
A local community who wants to establish a Community Fisheries must
establish a group of founders, selecting them from among local communities
in the area where they live, and the qualities of each individual must be
consistent with and supportive of the needs of the people, facilitated by
village and commune/sangkat authorities, the local Fisheries Administration,
and relevant authorities. This founder group may submit their request to
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create CFi together with enclosed map to Fisheries Administration

Cantonment through Commune Chief, District Governor, and District and
Provincial Fisheries Cantonment.

Fisheries officials have to examine the requested area by gathering

and analyzing information concerning geographic, economic and social
conditions, as well as uses of fisheries resources. The result (approval or
decline) will be released within 30 days from the study.
Step 2. Information Distribution and Membership Registration
Fisheries officials shall collaborate with Commune Chief and relevant
authorities responsible for facilitate founder group to establish CFi. The
founder group has three initial tasks:
-

Disseminate relevant law and sub-decree in order to provoke

participation in CFi;

Register membership

Organize the establishing congress

Congress of the Community Fisheries is the highest-level meeting for all

ratification and decision making in the name of the Community Fisheries.
This congress includes:
-

Initial founding congress of the Community Fisheries, that is organized

by the group of founders; the first congress shall ratify the following:

Name and number of CFi members

Name of CFi

CFi by-laws and internal rules and regulations

Roles, duties and structures of management committee

Election committee

Process of the election

Ordinary congresses are held once a year; and

Extraordinary congresses are held as needed by the Community

Fisheries.

Step 3. Construction of By-laws and Internal Rules

Member of the group of founder must organize consultation meeting
with local communities to draft by-laws and internal rules in order to submit
them to the congress for approval.
Article 7 shows that Community Fisheries shall have by-laws, internal
regulations, management plans, maps of their community fishing areas and
agreements recognized by the competent authorities in accordance with
provisions of the Sub-Decree.
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Step 4. Selection of CFi Management Committee

Based on sub-decree on guideline for community fisheries, article 15,
each community fisheries shall be led by a committee called Community
Fisheries Committee, which shall be selected through secret, free and fair
election by the congress, by an absolute majority of the members of the
community fisheries who voted.
In addition, article 21states that only the Community Fisheries
Committee has the right to apply to the Department of Fisheries to request
approval for area agreement. Article 16 permits the elected Community
Fisheries Committee to work for a term of five (5) years and have the
following functions and duties (article 20):
-

Draft by-laws and internal regulations of the CFi, and Community

Fishing Area Management Plans and Agreements;

Operate in accordance with the conditions set out in the by-laws,

internal regulations and other relevant legal instruments;

Seek technical and financial support from Fisheries competences,

relevant institutions and donors for implementation of community
fisheries activities;

Represent the CFi in any negotiation and conflict resolution that may
occur;

Open a bank account and manage community fisheries finances in a

transparent and accountable manner;

Make decisions on CFi development with the agreement of a majority

of members in accordance with the CFi by-laws, and Community
Fishing Area Agreement and Management Plan;

Participate in consultations in the preparation of instructions related

to the interests of community fisheries members;

Report and provide information immediately on any fisheries

violations in the community fishing area to the nearest Fisheries
competence;

Conserve and protect the aquatic life within the community fishing
area;

Perform other functions as instructed by the Fisheries competence;

Appeal to competent authority if the agreement is not renewed for

the community fisheries.

Step 5. Mapping and Demarcation of Community Fishing Areas:

Sites for establishing Community Fisheries areas are as follows:
-

Fresh water fishing grounds:

Fishing lot areas that have been cancelled or removed from lots

Family fishing ground that are set aside for people to fish
traditionally or for fishing by communities
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Open access area

Floodplains during the flood season

Flooded forest area

Reservoirs, dug ponds, natural ponds, deep pools, etc.

Marine fishing ground

Inshore fishing area, which extends from the coastline at higher

high tide to the 20 meter deep lines

Mangrove forest areas

Mapping, Demarcation and Conflict Resolution Committee

Chief or representative of central Fisheries AdministrationChief
Chief of Fisheries Administrative CantonmentDeputy Chief
Governor of relevant districtDeputy Chief
Chief or member of commune councilMember
Village chief Member
Representative of CFi management committeeMember
Representative of neighboring CFi management committeeMember
Private owner of neighboring lotMember
Elderly fishermanMember

Step 6. Preparation and Approval of CFi Agreement

The Community Fisheries Agreement refers to a written agreement
between a community fisheries and the Fisheries Administration Cantonment
recognizing and ensuring rights of the community fisheries in a specific
fishing area. The community fisheries committee shall prepare an agreement
through the following process:
-

The community fisheries committee shall conduct widespread

consultation with residents and stakeholders in their locality before
submitting it to the Community Fisheries congress for review;

The Community Fisheries Committee shall inform the Fisheries

Administration Cantonment so that it can send a representative to
inspect the actual physical area and fishing gears used by the
community.

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The Community Fisheries Committee shall make a request to the

Fisheries Administration Cantonment to sign the agreement, attaching
required documents according to article 24 of the Sub-decree on
Community Fisheries Management, and prepare to sign with the
Fisheries Administration Cantonment chief at a specified location and
date.

In addition, the Community Fishing Area Agreement shall specifically include

but not limited to the following important points:
-

Parties signing the agreement

Size of the fishing area

Time period of management and use of the fishing area

Conditions for the management and use of the fishing area

Conditions on the use of fishing gears

Other relevant documents

Based on article 24, the Agreement shall attach the following documents:
-

A 1/50,000 scale map with a clear coordinates showing the area

requested for establishment of a community fishing area;

A list of community fisheries members and Community Fisheries

Committee members;

The by-law and internal regulations of the Community Fisheries;

A statement on the objectives for establishment of the Community

Fisheries and management of the fisheries resources, with
commitment to manage the fisheries resources sustainably;

Other relevant documents if necessary.

Moreover, this agreement has its validity of not more than 3 (three)
years from the date of approval by the Fisheries Administration Cantonment
(article 26). In addition to the management of the Community Fisheries,
Community Fisheries Committee may be cancelled before they expire based
on any of the following conditions (article 27):
-

Written agreement among all involved parties;

Agreement among the Community Fisheries Committee and twothirds (2/3) of the community fisheries members;

Failure to implement, or serious violations of, conditions of the

Community Fisheries Agreement and other regulations, such that
sustainability of the fisheries resources is not guaranteed;

Judgment by the RGC that another purpose provides higher public and
social benefits to the Kingdom of Cambodia.

Step 7. Registration and Recognition

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After the signing of the CFi Agreement, the Fisheries Administration

Cantonment Chief must make a request to the MAFFs, via the central-level
Fisheries Administration, attaching all documents as per article 24 of the Sub
Decree on Community Fisheries Management, in order to register the
Community Fisheries and announce its recognition.
Step 8. Preparation of Community Fisheries Management Plan
Community Fisheries Area Management Plan refers to a document that
is prepared by a Community Fisheries and approved by the Fisheries
Administration Cantonment, that assesses the social and environmental
impacts and details the procedures, regulations and measures related to
preparation for the sustainable use of the community fishing areas,
Article 28 illustrates that after the approval of the CFi Agreement, the
community fisheries committee shall prepare a community fishing area
management plan. The Community Fisheries Committee may request
technical assistance in preparing the community fishing area management
plan from the Fisheries competence (including both officers from relevant
Fisheries offices and civil society groups).

The community fisheries committee shall submit the CFi Management

Plan to the Fisheries Administration Cantonment through the respective
provincial/ municipal Fisheries office for review and approval. Procedures for
the preparation of CFi Management Plans shall be determined by
proclamation of the Minister of Agriculture, Forestry and Fisheries. And its
period of validity shall be equal to that of the CFi Agreement.
After signing the community fishing area agreement, the community
fisheries committee shall develop a management plan for their community
fishing area, and before developing this plan, the committee shall conduct a
study and collect accurate information on:
-

The socio-economic situation of local people, such as: the number of

people, ethnicity, traditions, religion, occupations, income, level of
education, etc.

The situation with regards to fishing, such as the number of fishers in

the community, fishers coming from outside the community , fishing
gears used, and times when people fish.

The nature of the fishing grounds, such as the number and size of
lakes, ponds, channels, streams, creeks, floodplains, fish refuge pools,
coasts, flooded forests or mangrove forest, sea grass, and coral,

Activities related to fishing such as aquaculture, such as rice fields,

chamkar, type of crops, and methods of planting and protecting
crops, animal raisin, processing and commerce.

Problems that arise in the community fisheries related to the fisheries

sector, such as fisheries violations and cutting flooded forest.

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What are rights of roles of stakeholder in CFi Management?

Local Communities
Article 10 of Sub-Decree on Community Fisheries states roles, duties and
rights of local communities as following:
-

Participate in managing and conserving fisheries resources in

compliance with the by-laws and Community Fishing Area
Management Plan which are in conformity with laws and other legal
instruments related to fisheries;

Respect instructions of the Department of Fisheries and MAFFs;

Participate in establishment of conservation areas within the

community fishing area, protection and reforestation of inundated
forest and mangrove forest, and restoration of shallow streams and
lakes to improve ecosystems and fisheries environments;

Guarantee that all members of CFi have equal rights in the

sustainable use of fisheries resources as stipulated in the by-laws;

Implement the by-laws of the CFi and formulate the Community

Fishing Area Management Plan;

Enter into Community Fishing Area Agreements with the Department

of Fisheries in order to manage the fisheries resources sustainably;

Keep all documents related to the community fisheries.

Additionally, article 11 states the User Rights of CFi members as follows:

-

Organize fishing activities of all members of CFi in compliance with

the law and other relevant regulations;

Cooperate with the Fisheries competence to suppress all fisheries

violations in the community fishing area. In cases of urgency and
need, the community fisheries can request intervention by nearby
competent authorities to seize evidence of the fisheries violation and
detain the offender then send him or her immediately to a competent
Fisheries officer to deal with the offense in accordance with the law;

Communicate with any other CFi, physical persons or legal entities for
benefit of the community fisheries in accordance with all legal
instruments that are in force;

Fish, do aquaculture, harvest, sell, use, and manage all fisheries

resources in accordance with the Community Fishing Area Agreement
and Management Plan.

Government Stakeholders
The MAFFs shall have general jurisdiction over community fisheries
management and have the following functions and duties (article 22):
-

Act as administrator of community fisheries;

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Issue proclamations recognizing, rejecting, or nullifying community

fisheries;

Issue proclamations on guidelines for community fisheries, model

community fisheries by-laws and internal regulations, and community
fishing area agreements and community fishing area management
plans, through a consultative process;

Coordinate with government institutions and other relevant parties on

implementation
and
development
in
community
fisheries
management;

Intervene to resolve conflicts of community fisheries;

Seek assistance from all sources to fund and support community

fisheries.

Based on article 23, the Fisheries Administration Cantonment has the

following duties:
-

Examine and provide advice to the MAFFs to make decisions on

requests for the establishment of community fisheries;

Examine and enter into Community Fishing Area Agreements with CFi;

Make requests to the MAFFs to terminate agreements in cases it has

found that community fisheries have not respected the terms of their
agreements;

Examine and approve Community Fishing Area Management Plans;

Examine and address all proposals

management of fisheries resources;

Stop and suppress fisheries offences in community fishing areas;

Resolve fisheries conflicts in community fishing areas;

Facilitate the organization of CFi, demarcation of community fishing

areas and writing of the community fisheries regulations and
Community Fisheries Management Plans, and activities by CFi to
manage fisheries resources;

Disseminate policies of the Royal Government, other legal

instruments related to the fisheries sector and documents related to
CFi;

Educate and train CFi members to increase their technical capacity for
management;

Follow up, monitor, and evaluate implementation by CFi members;

Help to seek funds from all sources to fund and support community
fisheries.

from

CFi

for

sustainable

Local authorities have the following roles and duties:

-

Fisheries officials, commune council, local authorities and relevant

authorities shall receive complains or information about phenomenon
related to fisheries offenses which effect the CFi members;

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Collaborate with CFi founders and management committee to

implement CFi management and development;

Collaborate with CFi to retain illegal fishing gears and arrest offenders
in order to send them to Fisheries Administration Cantonment.

COMMUNITY PROTECTED AREA

What is Community Protected Areas (CPA) Development?
Community Protected Area Development is a process whereby the
government tries to involve local people in the protection of natural
resources within a protected area. Under the management of protected
areas, the government share the management responsibility for natural
resources with an identified local community who then gain the right to
protect and manage the forest resources in a responsible and sustainable
manner.
In recognizing the important role of local community who live in
protected areas, the Ministry of Environment (MoE) issued a proclamation on
community development in protected areas on May 30 2003. The
proclamation is intended to guide and coordinate provincial environment
departments, NGOs, projects and other partners towards effectively
managing community-based protected areas in Cambodias national
protected system (CBNRMLI, 2005).
Requirement for Community Protected Areas Development is similar to
those of the last two models. Additionally, article 22 of Protected Areas Law
states that, The State recognizes and secures access to traditional uses,
local customs, beliefs, and religions of the local communities, and indigenous
ethnic minority groups residing within and adjacent to the protected areas.
According to this Law, the MoE has the authority to allocate part or parts of
sustainable use zone to communities residing within or adjacent to a
protected area as the community protected area (article 25).
As fundamentally provided in Protected Area Law (article 25), the
concerned CPA community shall enter into an agreement with the Nature
Conservation and Protection Administration and the agreement shall be valid
for a period not exceeding fifteen (15) years.
If the CPA fails to abide strictly by the agreement with the Nature
Conservation and Protection Administration and management plan, the
Nature Conservation and Protection Administration has the rights to
temporarily stop for review and assessment of the operation of the CPA. The
MoE has the authority to revoke the agreement with the CPA in case the
community violates the terms of the agreement and management plan.

Article 27 states that the Nature Conservation and Protection

Administration, upon consultation and coordination with local authority, local
community and indigenous ethnic minorities is duty-bound to conduct
feasibility study on the establishment of community protected areas and to
24 | P a g e

define clear location and appropriate size. National and International Nongovernmental Organizations (NGOs) and civil societies are encouraged to
provide assistance and coordination for the establishment and
implementation process of a community protected area.
The CPA community shall develop, with recognition of the local
authority, a Natural Resources Management Plan which shall be reviewed
and approved by the Nature Conservation and Protection Administration. The
Plan shall be reviewed regularly every three (3) years or earlier if necessary.
Then this Plan and the CPA development activities shall be integrated into
the Commune Development Plan (Article 28).
According to Protected Area Law, a protected area may be classified
into four zones: 1) a core zone, where only park rangers and researchers are
allowed; 2) a conservation zone, where entry is managed by the park
director; 3) a sustainable use zone, where an agreement is made on the use
of natural resources; and 4) a community protected area zone, where the
community can be granted land ownership.
Then they can be organized through a participatory land use planning
process that divides the area into agricultural land, residential land,
community protected areas and conservation land. Moreover, some forests
or fisheries within protected areas are given to the local community to
manage and organize.
Finally, a CPA can be organized for sustainable livelihood development,
where local communities do not need to depend only on using natural
resources, but develop alternative sources of income. These approaches
have been promoted and facilitated by different projects and organizations
working in various protected areas. There is however no one standard
organization method as we are waiting to see which approach works best.
The community management committee is then elected with
participation from the community and institutions involved, including the
local authority (as mentioned above). After being elected, communities
establish by-laws for their members regarding the use of community
protected areas. By-laws address the structure and role of CPA management,
decision making, principles of benefit distribution, the use of natural
resources, what is prohibited, levy of fines and financial management. There
are also established agreements between the MoE and the various
community committees on how the communities will manage the forest in
sustainable ways. The MoE then issues a proclamation establishing the CPA
(Article 25).
What are rights of roles of stakeholder in CPA Management?
In article 26, CPA Regulations shall be established by the local
community and indigenous ethnic minorities acknowledged by local
authorities and endorsed by the Nature Conservation and Protection
Administration of the MoE. Furthermore, the community may not have the
right to clear or work forestland in the CPA allocated to it, pursuant to the
agreements with the MoE, to practice agricultural farming or to claim over
25 | P a g e

the title over the land, or to sell, lease, pawn, donate, share, divide or
transfer the areas under its own management to any person or legal entity.

According to article 27, Protected Area Law states that the Natural
Conservation and Protection Administration, upon consultation and
coordination with local authority, local community and indigenous ethnic
minorities is duty-bound to conduct feasibility study on the establishment of
CPA and to define clear location and appropriate size. Moreover, NGOs and
civil societies are encouraged to provide assistance and coordination for the
establishment and implementation process of a CPA.
Based on article 4, the MoE has the Nature Protection and
Conservation Administration as is own secretariat to manage the protected
areas pursuant to the policy of the RGC. And its function shall be determined
by the Prakas (Declaration) of the MoE. Additionally, article 5 requires MoE to
perform the following main duties:
-

Develop strategic plans, action plans, and technical guidelines for

managing the Pas and CPAs;

Make proposals for the establishment and modification of any PA

or/and CPA as required by the RGC or pursuant to regional and
international conventions, protocols and agreements;

Prepare guidelines and procedures for effective enforcement of

Protected Area Law;

Take action to investigate, control, and suppression on natural

resources offences in the Pas or/and CPA, as well as file a complaint to
court;

Promote education and dissemination to the public participation in the

conservation and protection of natural resources within PAs and CPAs;

Formulate agreement on CPA development programs.

In term of roles and responsibilities, article 6 requires the Nature

Protection and Conservation Administration to have the following:
-

Regularly patrol, control and suppress on natural resources offences

of all kinds in the PAs or/and CPAs;

Inspect licenses, permits, ad other relevant documents determined by

PA Law;

Take action against forest fire in PAs and/or CPAs;

Control export and import of wild flora and fauna, seeds and samples
from /into the PAs and/or CPAs;

Promote education and dissemination among the public and

coordinate with local indigenous communities to participate in the
preparation and implementation of CPAs.

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Ken, S.R., et, al. (2005). The Development of Community Based Natural
Resource Management (CBNRM). CBNRM Learning Institute
Law on Protected Area (2008). Forestry Administration, Royal Government of
Cambodia
Law on Fisheries (2006). Ministry of Agriculture, Forestry, and Fisheries
(MAFF), Royal Government of Cambodia
Royal Decree on the Establishment of Community Fisheries (2005). Ministry
of Agriculture, Forestry, and Fisheries (MAFF), Royal Government of
Cambodia
Sub-Decree on Community Fisheries Management (2005). Ministry of
Agriculture, Forestry, and Fisheries (MAFF), Royal Government of
Cambodia
Law on Fisheries 2006
Royal Degree on Community Fisheries Establishment (2005)
Sub-degree on Community Fisheries Establishment (2005)

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