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Cambodia's Family Trees.Indd 4 11/5/07 16:24:14 Recommendations Recommendations RECOMMENDATIONS • Terminate all economic land concessions (ELCs) and mining concessions that are CAMBODIA’S JUDICIAL AUTHORITIES situated in forest or are otherwise contrary to SHOULD: existing law. • Develop a new forest management regime 1. Hold accountable those responsible for based on the recommendations of the IFSR. illegal logging and associated crimes This should centre on expanded community • Investigate and prosecute all those responsible forestry, partnership forestry and landscape- i for the cases of illegal logging, corruption, based conservation programmes. smuggling, attempted murder and kidnapping • Recognise the prior claims of indigenous detailed in this report. minorities, as required by the Land Law, in • Prioritise investigation of the following people: determining the status and usage of forested areas. Minister for Agriculture, Forestry and Fisheries • Ensure that any future logging and tree (MAFF) Chan Sarun,1 Director General of the plantation ventures meet Forest Stewardship Forest Administration (FA) Ty Sokhun,2 Hun Council (FSC) or equivalent standards and Sen Bodyguard Unit commander Lieutenant follow consultation with affected communities. General Hing Bun Heang,3 Brigade 70 • Complete and pass the new Protected Areas Brigadier General Hak Mao,4 logging syndicate Law and all outstanding sub-decrees and leaders Dy Chouch,5 Seng Keang,6 Khun prakas (ministerial declarations) required under Thong7 and Seng Kok Heang.8 the 2002 Forestry Law. Ensure that drafts are made publicly available prior to passage, THE ROYAL GOVERNMENT OF CAMBODIA allowing sufficient time for public comment. SHOULD: • Impose a moratorium on the construction of roads through forested areas, in line with the 1. Hold accountable those responsible for recommendations of the 2004 IFSR. illegal logging and associated crimes • Support the efforts of the judicial authorities to 4. Take immediate steps to increase investigate and prosecute those responsible for transparency in the management of public the illegal activities detailed in this report. assets • Dismiss any government ministers, officials and • Ensure full and continued disclosure of military officers responsible for these illegal information concerning the management of activities. public assets such as forests, land, oil and gas, mineral deposits, fisheries, heritage sites and 2. Protect the Prey Long Forest state-owned buildings. • Take Prey Long, mainland Southeast Asia’s • Ensure that this information includes the largest lowland evergreen forest, out of following: investment agreements, contractual production. Develop an alternative management conditions and compliance status (completion regime for Prey Long, based on consultation of satisfactory environmental and social impact with local populations, which prioritises assessments (ESIAs), payment of royalties etc); conservation and safeguards the usage rights of exploration, exploitation, transportation and people living in and around the forest. export permits awarded; names and details of the beneficial owners of the companies concerned. 3. Reform forest management • Reinstate independent forest monitoring (IFM) 5. Strengthen the legal framework governing based on a robust institutional framework the management of public assets and terms of reference, following a period • Include in the draft Anti-Corruption Law the of public consultation. Appoint a qualified following provisions: organisation on the basis of an open tendering – A guarantee that all Cambodian citizens process conducted in line with international have rights of access listed above. best practice. – Prohibition on individuals or companies • Terminate the logging concession system, that have a record of illegal activities in line with recommendations of the 2004 managing public assets of any kind. Independent Forest Sector Review (IFSR).9 • Cancel plans to introduce a new system of annual bidding (logging) coupes. i Partnership forestry is a new model proposed by the 2004 Independent Forest Sector Review. It would give a greater say in forest management decision-making to elected commune councils, with the Forest Administration playing a regulatory role. 4 CAMBODIA’S FAMILY TREES Cambodia's Family Trees.indd 4 11/5/07 16:24:14 Recommendations – Requirement that all contracts between the CAMBODIA’S INTERNATIONAL DONORS government and companies concerning the SHOULD: management, exploration or exploitation of natural resources and other public assets 1. Use their influence proactively to ensure proceed from an open tendering process that aid benefits ordinary Cambodians conducted in line with international best • Donors should link disbursement of practice. non-humanitarian aid to demonstrable – Requirement that all private sector progress in implementing the measures operators holding concessions on public outlined above, in accordance with set assets annually disclose the payments they time-lines. make to the government in the form of taxes, royalties, signature bonuses etc. 2. Withhold support from state institutions – Requirement that the government annually engaged in serious criminal activities discloses details of all taxes, royalties, • In particular, donors should not provide signature bonuses etc. received from funding or other forms of support to RCAF concessions on public assets. until such time as it ceases its involvement in – Requirement that the government maintains large-scale organised crime. a regularly updated and publicly accessible register of senior officials’ business interests 3. Support Cambodian civil society’s efforts and personal assets, as well as those of their to increase government accountability family members. • Provide more support to Cambodian • Pass and implement the Anti-Corruption Law organisations working to build without further delay. government accountability with respect to the management of public 6. Ensure transparent management of oil and assets. Specifically, build the capacity gas revenues of local civil society to document, • Implement the revenue management measures monitor and scrutinise the management set out in the IMF’s Guide on Resource of natural resources and other public Revenue Transparency.10 assets and ensure transparent public • Join the Extractive Industries Transparency sector spending. Initiative.11 4. Help to protect Cambodia’s forests as part 7. Reform the Royal Cambodian Armed Forces of international efforts to combat climate (RCAF) change • Withdraw all military units stationed inside or • Act on the conclusion of the recent UK on the boundaries of protected areas. government-commissioned Stern Review • Disclose the location and legal status of all the on the Economics of Climate Change, that military development zones. Terminate all those international efforts to combat climate change that are situated on forests, in protected areas, must prioritise the preservation of existing or are otherwise contrary to existing law. natural forests.12 • Overturn the recently introduced conscription • With respect to Cambodia, dedicate funds and law and embark on a comprehensive restructuring expertise to developing new incentives and of RCAF to create a professional military force institutional frameworks for preserving key that meets Cambodia’s defence needs. areas such as Prey Long Forest. Cambodia’s Prey Long Forest CAMBODIA’S FAMILY TREES 5 Cambodia's Family Trees.indd 5 11/5/07 16:24:15 Summary SUMMARYii 2. Cambodia’s most powerful logging syndicate is led by relatives of Prime Minister Hun Sen13 and other This report makes the case for greater efforts by senior officials the Cambodian government and the international • The most powerful logging syndicate in Cambodia community to strengthen the governance of forests is led by Dy Chouch, also known as Hun Chouch, and other public assets on which Cambodia’s people his ex-wife Seng Keang and Khun Thong, their depend. It is based on in-depth investigations into business partner. This group operates under the illegal logging and associated criminality carried out name Seng Keang Company. by Global Witness between the end of 2004 and the • Dy Chouch is the first cousin of Prime Minister beginning of 2007. Hun Sen. • Seng Keang is a friend of Bun Rany, the wife of The report’s main findings are as follows: Hun Sen. • Khun Thong is the brother-in-law of Minister for 1. A kleptocratic elite is stripping Cambodia’s forests Agriculture, Forestry and Fisheries (MAFF) Chan • Cambodia is run by a kleptocratic elite that Sarun and father-in-law of Director General of the generates much of its wealth via the seizure of Forest Administration Ty Sokhun. public assets, particularly natural resources. • Seng Keang’s brother, Seng Kok Heang, who The forest sector provides a particularly vivid supervises operations for Seng Keang Company, is illustration of this asset-stripping process at work. an officer in the Royal Cambodian Armed Forces • Illegal logging is causing severe damage to (RCAF) Brigade 70 elite military unit. Cambodia’s remaining forests. The last global forest cover survey by the Food and Agriculture 3. Activities in which members of this Organisation (FAO) found that Cambodia had logging syndicate are implicated include lost 29% of its primary tropical forest over a five the following: • The apparent abduction and detention of Lia year period. Chun Hua,14 the managing director of the • Cambodia’s army, military police, police and Kingwood Industry logging company. Forest Administration (FA) are all heavily • Large-scale
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