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3. Status and Key Trends in Forest Legislation RAP PUBLICATION 2010/10 Forestry policies, legislation and institutions in Asia and the Pacific Trends and emerging needs for 2020 Yurdi Yasmi, Jeremy Broadhead, Thomas Enters and Cole Genge with David Cassells, Gem B. Castillo, Patrick Durst, Francis Hurahura, Akiko Inoguchi, Yudi Iskandarsyah, Serey Rotha Ken, Top B. Khatri, Coi Lekhac, Preecha Ongprasert, Rao Matta, Sithong Thongmanivong, Tint L. Thaung, Pei Sin Tong, Gunawan Wicaksono and Chen Xiaoqian. United States Agency for International Development (USAID) Responsible Asia Forestry and Trade (RAFT) The Nature Conservancy (TNC) The Center for People and Forests (RECOFTC) Food and Agriculture Organization (FAO) August 2010 Asia-Pacific Forestry Sector Outlook Study II, Working Paper Series, Working Paper No. APFSOS II/WP/2010/34. The designations employed and the presentation of material in this information product do not imply the expression of any opinion whatsoever on the part of the Food and Agriculture Organization of the United Nations (FAO) concerning the legal or development status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The mention of specific companies or products of manufacturers, whether or not these have been patented, does not imply that these have been endorsed or recommended by FAO in preference to others of a similar nature that are not mentioned. All rights reserved. FAO encourages reproduction and dissemination of material in this information product. Non-commercial uses will be authorized free of charge upon request. Reproduction for resale or other commercial purposes, including educational purposes, may incur fees. Applications for permission to reproduce or disseminate FAO copyright materials and all other queries on rights and licences, should be addressed by e-mail to [email protected] or to the Chief, Publishing Policy and Support Branch, Office of Knowledge Exchange, Research and Extension, FAO, Viale delle Terme di Caracalla, 00153 Rome, Italy. This report is made possible by the generous support of the American People through the United States Agency for International Development (USAID) and The Nature Conservancy. The contents are the responsibility of FAO Regional Office for Asia and the Pacific and do not necessarily reflect the views of USAID, the United Sates Government, or The Nature Conservancy. Cover design: Chanida Chavanich For copies, write to: Patrick B. Durst Senior Forestry Officer FAO Regional Office for Asia and the Pacific 39 Phra Atit Road Bangkok 10200 Thailand Tel: (66-2) 697 4000 Fax: (66-2) 697 4445 E-mail: [email protected] Printed and published in Bangkok, Thailand. Food and Agriculture Organization of the United Nations Regional Office for Asia and the Pacific Bangkok, Thailand 2010 © FAO ISBN 978-92-5-106635-5 Foreword Tremendous social and economic changes are taking place in the Asia-Pacific region and hopes are growing that a long awaited reconciliation of tensions between environment and development is a possibility. Rapid economic growth and heightening demands for materials, commodities and land have resulted in the depletion of forest resources in many countries around the region. Continuing deforestation and forest degradation together with environmental shocks and the threat of climate change have sensitized politicians and populations to the need to maintain the natural environment. In particular, natural disasters including floods, droughts and landslides have resulted in reversals in forest-related policy and forest cover in several Asia-Pacific countries. Realization of the huge availability of financial resources to cope with other threats to global society has also questioned the low prioritization of the natural environment. Increasing consensus over the threat posed by climate change and growing commitment to related international initiatives are hoped by many to bring new life to forestry and to help broaden implementation of the much discussed concept of ‘sustainable forest management’. In many countries significant challenges remain however, and great efforts will be needed to confront the deeply entrenched social causes of deforestation and forest degradation. Policies supporting sustainable forest management have in some cases remained essentially dormant for years and sometimes decades with little progress evident at the field level. With forest cover increasing in some countries around the region and pressure growing to conserve remaining forest resources, wider transitions to sustainable forest management may, however, be seen in the coming years. Progress depends critically on the capabilities of forestry institutions in seizing current opportunities as a means of promoting long-term goals. Building responsiveness into institutional mechanisms and adapting to change constitutes one of the most important steps in creating a robust sector in a fast-evolving world. Identification of key trends in forestry – political as well as physical – adds a valuable dimension to regional forestry discussions. This report, carried out under the umbrella of the second Asia-Pacific Forestry Sector Outlook Study, represents a collaborative effort between the Food and Agriculture Organization of the United Nations (FAO), The Nature Conservancy’s Responsible Asia Forestry and Trade Program and RECOFTC – The Center for People and Forests. The report focuses on 12 countries (Cambodia, China, India, Indonesia, Lao PDR, Malaysia, Myanmar, Nepal, the Philippines, Papua New Guinea, Thailand and Viet Nam) and draws upon papers prepared for, and discussions held during a workshop in Khao Yai National Park, Thailand, 6 to 7 October 2008. Participants at the meeting included: Jeremy Broadhead, David Cassells, Gem B. Castillo, Patrick Durst, Thomas Enters, Cole Genge, Francis Hurahura, Akiko Inoguchi, Yudi Iskandarsyah, Serey Rotha Ken, Top B. Khatri, Coi Lekhac, Preecha Ongprasert, Rao Matta, Tint L. Thaung, Sithong Thongmanivong, Pei Sin Tong, Gunawan Wicaksono, Chen Xiaoqian and Yurdi Yasmi. The collegial nature of the process through which this study was developed lends credibility to the success of collaborative regional action and working towards a valuable common future. By openly contributing information, the individuals and organizations involved in the outlook study have demonstrated their commitment to the future of forests and forestry and their desire to improve upon the benefits that the current generation has received. Hiroyuki Konuma Jack Hurd Yam Malla Assistant Director-General and Responsible Asia Executive Director Regional Representative for Forestry and Trade RECOFTC – The Center for Asia and the Pacific (RAFT) Program People and Forests Food and Agriculture Organization The Nature Conservancy of the United Nations i ii Contents FOREWORD..........................................................................................................................................................I ACRONYMS AND ABBREVIATIONS ...........................................................................................................IV EXECUTIVE SUMMARY...................................................................................................................................V 1. BACKGROUND AND RATIONALE ....................................................................................................... 1 2. STATUS AND TRENDS IN FOREST POLICIES .................................................................................. 4 2.1. SYNOPSIS BY COUNTRY......................................................................................................................... 8 2.1.1. Cambodia........................................................................................................................................ 8 2.1.2. China............................................................................................................................................... 9 2.1.3. India .............................................................................................................................................. 10 2.1.4. Indonesia....................................................................................................................................... 10 2.1.5. Lao PDR........................................................................................................................................ 12 2.1.6. Malaysia........................................................................................................................................ 13 2.1.7. Myanmar ....................................................................................................................................... 13 2.1.8. Nepal ............................................................................................................................................. 14 2.1.9. Papua New Guinea ....................................................................................................................... 15 2.1.10. Philippines................................................................................................................................ 15 2.1.11. Thailand ................................................................................................................................... 16 2.1.12. Viet Nam................................................................................................................................... 17 2.2. POLICY EFFECTIVENESS
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