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Recommendations contained on page 1 The Credibility Gap – and the Need to Bridge it Increasing the pace of forestry reform A Briefing Document by Global Witness. May 2001 Recommendations 1. RECOMMENDATIONS G Inform all concessionaires that they will be held responsible for the actions of all their employees, The Royal Government of Cambodia should use the and those of their sub contractors and sub opportunity that the June 2001 Consultative Group contractors’ employees. This should include not Meeting (CG) in Tokyo provides to restate its only include actions related directly to concession commitment to forestry reform in Cambodia. operations but also conduct during discussions with Demonstrable progress in the areas highlighted in these local people. recommendations could be used as a measure of this G commitment, and of the rate of reform. Penalise concessionaires that refuse to give the Department of Forestry and Wildlife (DFW) and/or The Royal Government of Cambodia should: the Independent Monitor immediate access to concessions, log rest areas and processing facilities G Ensure that politicians and government officials to carry out inspections. declare all financial/familial links to the forestry G Ensure that the new concession agreements industry, if any. recognise the right of the DFW and the G Encourage transparency in relevant government Independent Monitor to have immediate access to departments and ministries. concessions, log rest areas and processing facilities G Increase the involvement of the Ministry of the to carry out unannounced inspections. This should Environment (MoE) in forestry reform. include penalties for non-compliance. G Ensure that officials within the Ministry of G Notify all concessionaires of the customary right of Agriculture Forestry and Fisheries (MAFF) and the local people to collect resin and prohibit the further MoE efficiently detect, investigate and suppress cutting of resin trees by concessionaires. illegal logging and forestry related activities, in particular those of concessionaires and corrupt The Department of Forestry and Wildlife (DFW) should: officials. G Set out in detail the current procedure(s) for the G Ensure that perpetrators of forest crime are granting of concessions, cutting permits, log prosecuted to the full extent of the law. Officials transportation permits and sawmill licences. This found guilty of forest crimes should not be allowed should include a list of those people who are to return to their posts. authorised/required to sign documents at each G Ensure that the draft Forestry Law is consistent stage in the process. with all current legislation and incorporates the G Maintain a list of all legal concessionaires and results of public consultation where appropriate. sawmills currently operating. The list, together with G Develop a nationwide strategy to record and dispose maps showing concession boundaries and sawmill of old logs in a way that does not encourage locations, should be made available to the public. renewed cutting. Destruction may be the only G Prioritise the maintenance of the Case Tracking viable option. System (CTS). G Ensure that sustainably harvested timber is made G Ensure that Global Witness’ crime reports are available for domestic use at an affordable price. distributed to all relevant parties, including both G Prioritise for demobilisation any Royal Cambodian the DFW and the Department of Inspection (DI) Armed Forces (RCAF) soldiers currently employed and that the information contained in the crime by concession companies. reports is entered on the CTS. G G Ensure that land concessions for agro-industry are Set out in detail the current procedure(s) for the not granted in forested areas. collection and disposal/sale of illegally harvested G logs. This should include a list of those people who Recognise the role of resin production in forest are authorised/required to sign documents at each resource preservation and poverty alleviation. stage in the process. G Consider preserving the Prey Long as a World G Impound any logs found to be incorrectly or Heritage Site. unclearly labelled or stamped and fine the company G Clarify the status of the development of CITES as appropriate. If a log cannot be identified in the legislation and the implications it has for the log list for whatever reason it should be deemed development of laws concerning wildlife. illegal. G Replace the current log tracking procedures with a In relation to concessionaires the RGC should: system that works, is not open to abuse and ensures G Place a moratorium on logging until the new complete chain of custody from the forest to the concession contracts are signed and the new mill. management plans are in place. G Replace hammer stamping, as a means of log G Suspend all concession related activities for the marking, with a more reliable system. duration of investigations when significant illegal activities or irregularities by concessionaires are The international community should: discovered. G Maintain the link between non-humanitarian aid G Cancel the contracts of those concessionaires that disbursements and demonstrable progress in continue to log outside their coupes, illegally inside forestry reform and reduction in forest crime. their coupes and transport or process illegal timber. G Continue to work with the RGC, providing both G Ensure that the new concession agreements include financial and technical assistance in achieving these a clause allowing the RGC to cancel the contract if reforms. the concessionaire is in serious breach of contract. 1 THE CREDIBILITY GAP Contents / Introduction 2. INTRODUCTION CONTENTS THIS IS THE FIRST major report that Global Witness has 1. RECOMMENDATIONS 1 published since Chainsaws speak louder than words in May 2000. As such it gives an overview of the major forest related issues in 2. INTRODUCTION 2 Cambodia and details incidents of illegal logging throughout the 3. SUMMARY 3 country, over the past year. It also examines the role of the Royal 4. CORRUPTION AND CONFLICT OF INTERESTS 4 Government of Cambodia (RGC) in the reform process—in some respects the driving force behind it but in others a 5. THE FOREST CRIME MONITORING UNIT AND DFW 5 seemingly reluctant participant. Lack of progress in key areas 6. DOMESTIC TIMBER SUPPLY 5 reflects badly on the government’s overall commitment to reform: this is ‘The Credibility Gap’. 7. HAMMER STAMPING AND LOG TRACKING 6 The government has made significant progress in forestry 8. RESIN TREES 7 reform in recent years, most notably ridding the country of the 9. OLD LOGS 8 worst excesses of anarchic logging. The formation of FCMU, the commitment to passing a new forest law and to establishing new 10. FOREST LAW UPDATE 8-9 concession agreements and management plans should also be 11. MODEL CONCESSION AGREEMENT UPDATE 9-10 applauded. If handled correctly, these elements, together with 12. WILDLIFE 11-12 initiatives such as the preservation of the Cardamoms, should ensure that in future the forests are preserved and managed 13. CARDAMOMS UPDATE 13 sustainably for all. The prospect of sustainable forest 14. THE MINISTRY OF ENVIRONMENT AND ITS 14 management in Cambodia would have been unthinkable two ROLE IN FORESTRY REFORM years ago. Now it is a distinct possibility, but there are several 15. PREY LONG—THE CASE FOR WORLD 15 issues that need to be addressed if the ‘normalisation’ of the HERITAGE STATUS industry is to continue. The first year and a half of the ‘crackdown’ saw a dramatic 16. THE MILITARY REGIONS 16-43 decrease in illegal logging, but the 2000/2001 cutting season has SPECIAL MILITARY REGION 16-17 seen levels rise again. Large quantities of logs have crossed into Kandal 16-17 both Thailand and Vietnam in recent months and concession companies such as Everbright and Pheapimex have continued to Kompong Chhnang 17 cut illegally. The military still control much of the illegal logging MILITARY REGION 1 18-23 throughout the country, either on behalf of the concessionaires Ratanakiri 18-19 or as a private venture. At the same time it is the military that is charged with the task of bringing illegal logging under control. Community forestry— 19 The basic premise of ‘The Untouchables’, Global Witness’ a model for forest protection? December 1999 report detailing the activities and impunity of the Stung Treng 20-21 major concessionaires, remains true. Whilst there is reason to Mondulkiri 21-23 believe that some of the concession companies are interested in meaningful reform, it is the activities of legal concessionaires that MILITARY REGION 2 24-28 represent the majority of illegal logging in Cambodia. The fact Kratie 24-25 that these companies still log illegally without fear of meaningful Kompong Cham 25 intervention remains the greatest threat to Cambodia’s forests, and demonstrates that the political will of the RGC has yet to be Everbright—the case for cancellation 26-28 fully matched by the actions of relevant authorities. MILITARY REGION 3 29-33 This report highlights certain areas where the government could make a significant impact on forest reform with minimal Kampot 29 resources other than political will. It is essential that the Kompong Speu 29-31 government reconfirms its commitment to forestry reform at the Koh Kong 31-32 forthcoming Consultative Group (CG) Meeting in Tokyo, and that the international community supports it in its effort to drive MILITARY REGION 4 34-38 the process forward. Preah Vihear 34-35 Kompong Thom 35-37 The Credibility Gap Siem Reap & Oddar Meanchey 38 Nam San Import Export Company— 39 a case study MILITARY REGION 5 40-43 Battambang 40-41 Pursat 41-43 Pheapimex land concession— 42 a case study Banteay Meanchey 43 17. CAMBODIA’S NEIGHBOURS— THAILAND 44 18. CONCLUSION 45 APPENDIX—IN THE NEWS 45 REFERENCES 46 THE CREDIBILITY GAP 2 Summary 3. SUMMARY determined. Disposal of old logs takes place on an ad hoc basis; reclassifying them as ‘confiscated logs’ and thereby avoiding The Credibility Gap the restrictions imposed on the movement and sale of old logs does not solve the problem.