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Taking a Cut Institutionalised Corruption and Illegal Logging in Cambodia’S Aural Wildlife Sanctuary

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Recommendations contained on pages 1 & 2 global witness Taking a Cut Institutionalised Corruption and Illegal Logging in Cambodia’s Aural Wildlife Sanctuary A Report by Global Witness. November 2004 Recommendations Recommendations RECOMMENDATIONS ● Requirement that all private sector operators 2. Maintain the existing moratoria on logging INTERNATIONAL DONORS SHOULD: holding concessions on state property publicly and transportation of logs, until the following At the Consultative Group meeting, Cambodia’s THE ROYAL GOVERNMENT OF CAMBODIA disclose the payments they make to the RGC steps have been completed: international donors should link disbursement of (RGC) SHOULD: in the form of taxes, royalties, signature non-humanitarian aid to demonstrable progress in bonuses etc. ● Completion of a new national plan for implementing these reforms in accordance with set Systemic Corruption sustainable management of the forests, in line time-lines. 1. Translate recent renewed pledges to combat ● Requirement that the RGC publicly disclose with Article 59 of the Cambodian corruption into immediate action. Officials and all taxes, royalties, signature bonuses etc. constitution.a This national plan should be RCAF officers involved in corruption and generated from concessions on state property. based on the recommendations of the misappropriation of state assets should be Independent Forest Sector Review. prosecuted and punished in accordance with the 4. Establish an independent body comprising law. Senior officials and military officers should ministers, international donors and civil society ● Completion of all outstanding sub-decrees and be made accountable for the actions of their representatives to monitor usage of Cambodia’s directives required under the 2002 Forestry subordinates. natural resources and revenues generated. This Law, including delineation of the permanent independent body should perform the following forest estate and forest reserve. All draft sub- 2. Ensure full disclosure of documents of public functions: decrees and directives should be made publicly interest concerning the forest sector, for example available prior to passage, allowing sufficient concession boundaries, investment agreements, ● Monitor, document and scrutinise management time for public comment. details of ownership of the companies and sustainable use of Cambodia’s natural concerned, permits for cutting, transportation, resources. Publish findings on a quarterly basis. ● Completion of all outstanding sub-decrees and collection, export of forest products etc. These Establish a secretariat to carry out these directives in the 2001 Land Law relating to documents should be published online, while functions. reduction in area of land concessions larger printed copies should also be made available than 10,000ha. These draft sub-decrees and through the Forest Administration1 Public ● Monitor investigation by National Audit directives should be made publicly available Affairs Unit. Office into all outstanding timber royalties prior to passage, allowing sufficient time for owed to the Cambodian state; monitor future public comment. 3. This sector-specific measure should be payment of royalties and other fees and underpinned by the introduction of an payments related to timber and other natural ● Disclosure of full details of all agro- Anti-Corruption Law that imposes severe resources. Publish findings on a quarterly basis. industrial land concessions. Termination of penalties on officials found guilty of corrupt all such concessions that are situated on practices, including misappropriation of state The Royal Cambodian Armed Forces forestland, in protected areas, or are assets. This law should encompass the 1. Withdraw all military units stationed inside or otherwise contrary to the law, for example: following elements: on the boundaries of protected areas. APP / Green Elite in Koh Kong; Pheapimex in Pursat and Kompong Chhnang; ● Creation of a register of business interests 2. Disclose the location and legal status of all the Wuzhishan LS Group in Mondulkiri; Green of politicians, government officials and Military Development Zones. Terminate all such Sea in Stung Treng. Royal Cambodian Armed Forces officers to zones that are situated on forestland, in protected be published online and in print and areas, or are otherwise contrary to the law. 3. Complete the draft Protected Areas Law. The updated on a quarterly basis. This register draft law should be made publicly available prior should include declaration of any close 3. Alleviate the threat to Cambodia’s forests to passage, allowing sufficient time for public familial links between these officials/officers posed by an oversized and largely redundant comment. and private sector operators whose activities military. Cancel the recently announced plans to fall within their jurisdiction. It should be re-introduce conscription for men aged 18-30. 4. Impose a moratorium on the construction of published in Khmer and English in an Embark on wide-ranging reform of the Royal roads on forestland, in line with Recommendation accessible format. Cambodian Armed Forces. Principal outcomes D/32 of the 2004 Independent Forest Sector of this reform process should be: Review commissioned by the RGC and donors. ● Provisions guaranteeing the Cambodian public i) the creation of a professional military that right of access to information relating to the meets Cambodia’s defence needs and Law Enforcement management of all state assets. ii) demobilisation of all troops surplus to these Establish an inter-agency authority independent requirements. from forest management functions to monitor aArticle 59 of the 1993 Cambodian Constitution, which has ● Requirement that all contracts/agreements forest crimes and undertake law enforcement never been implemented, states that: “The State shall protect the between the government and private sector Reform Forest Management operations. This agency could be supported by environment and balance of abundant natural resources and operators concerning land use, harvesting 1. Terminate the forest concession system, in line civil society organisations and financed by a establish a precise plan of management of land, water, air, wind, rights or transfer of ownership, on areas of with Recommendation D/21 of the 2004 trust fund managed by the international donor geology, ecological system, mines, energy, petrol and gas, rocks state property larger than 100 hectares, be Independent Forest Sector Review Working Group on Natural Resource and sand, gems, forests and forestry products, wildlife, fish and publicly announced. commissioned by the RGC and donors.2 Management. aquatic resources.” 1 TAKING A CUT TAKING A CUT 2 Contents/Glossary Forest Crimes in Aural Wildlife Sanctuary 2 FOREST CRIMES IN AURAL WILDLIFE SANCTUARY BY INSTITUTION: CONTENTS 8 MILITARY REGION 5 (MR5) 29 8.1 Brigade 14 29 Royal Government of Cambodia 1 RECOMMENDATIONS 1-2 8.2 Pursat Provincial Military Sub-Operation 29 Hun Sen, Prime Minister of Cambodia 2 FOREST CRIMES IN AURAL WILDLIFE SANCTUARY 9 OTHER MILITARY UNITS 29 -33 Ministry of Defence and RCAF National Command BY INSTITUTION: 4 9.1 Division 1, Kompong Chhnang 29 General Tea Banh, Co-Minister of Defence 3 INTRODUCTION 5-8 9.2 RCAF Military Intelligence Division 30 General Nhek Bun Chhay, Co-Minister of Defence 3.1 The Role of Donors in Combating Corruption 9.3 Hun Sen’s Bodyguard Unit B-70 31 General Ke Kimyan, Commander in Chief, RCAF in Cambodia’s Forest Sector 5-7 9.4 Military Police 31-33 General Pol Saroeun, Deputy Commander in Chief, RCAF 3.2 Hard Talk or Hot Air? The World Bank’s Variable 10 FOREST ADMINISTRATION 34-36 General Meas Sophea, Deputy Commander in Chief, RCAF; Commander, Army Perception of Corruption in Cambodia 8 10.1 Phan Pheary and “Om Yentieng’s Third Wife”35-36 Military Region 3 Personnel 10.2 Forest Administration Major-General Keo Samuan, Commander, MR3 PART ONE – BACKGROUND & INDUSTRY Mobile Task Force 36 Brigadier-General Srun Saroeun STRUCTURE 9-20 11 MINISTRY OF ENVIRONMENT 36 Brigadier-General Kong Bunthan 4 AURAL – A SANCTUARY FOR LOGGERS? 9-11 12 POLICE 37 Major In Sokhear 5 AURAL’S ILLEGAL TIMBER INDUSTRY 12-18 13 LOCAL GOVERNMENT 38 Colonel Sort Suy 5.1 Sawn Timber 13-16 14 TIMBER DEALERS 39-42 Major Tep Sambath 5.1.1 Sawmills 13-14 14.1 Peng Ly 39 5.1.2 Timber Extraction and Processing 14-15 14.2 Mr Tong 39 RCAF Military Intelligence Division 5.1.3 Timber transports from Aural 15-16 14.3 Hear Seng 39 Lieutenant-General Mol Roeup, National Commander 5.2 Luxury Timber 16-18 14.4 Sao Sokhoeurn 39 Lieutenant-General Dom Hak 6 EXTORTION 19-20 14.5 Yeay Bong 39 Chan Chao, Military Intelligence Unit operational in Aural 6.1 Levies on machinery operators and 14.6 Mr Kat 39-40 Hun Sen’s Bodyguard Unit B-70 wood traders 19-20 14.7 Ta Kreum 40 Major-General Hing Bun Heang, Commander 6.2 Levies on transportation 20 14.8 Li Kea 40 Brigadier-General Mao Sophann 6.3 Conflicts 20 14.9 Mr Reach 41 Colonel Mao and Colonel Maorng 14.10 Mr Ton 41 Military Police PART TWO – KEY PLAYERS 21-42 14.11 Mr Yong 41 Lieutenant-General Sao Sokha, National Commander 7. MILITARY REGION 3 (MR3) 21-26 14.12 Srey Oan 41 Men Sibon, Deputy Commander, Kompong Speu Province 7.1 Command structure and revenue collection 21 14.13 Srey Peou 41 Saom Puthdara, Commander, Aural District 7.2 Battalion 313 21-22 14.14 Mr Hok 41 Ministry of Agriculture, Forestry and Fisheries (MAFF) 7.3 Colonel Sort Suy 22-23 14.15 Eng Youry 41-42 Chan Sarun, Minister, MAFF 7.4 Veng II 23 14.16
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