| Declaration |
| On |
| Management
and Elimination of Forest Anarchy |
It is anticipated that although there are
Royal Decree-legislation No. 35, dated 25 June 1998 on forest management, Royal Decree
issued on 11 November, 1993 on protected areas, the existing law of environmental
protections and nature management issued on 24
December 1996, and other forest regulations
which are gradually enforced in different
periodical stages in order to halt forest
offense, some illegal forest cutters still continue to cut and destroy forest resources.
As a matter of fact, the government is
fully aware that the forest anarchy has ironically
threatened the forest resource and if the
present activities still continue, they will be completely destroyed. the loss of forests
will, as a result, affect the balance of agro- ecological systems and fishery in Cambodia
in the future.
In the past, forest used to play and
important role, to absorb great amount of rainwater, prevent soil erosion, and keep water
resources beneath the earth, and reduce natural disasters such as floods and draughts.
Additionally, if there are no forest, the rainwater will remove delta and carry them to
Tonle Sap Lake, affecting areas of fish spawning and rice production in the plain areas.
Similarly, a core of thoughtless of people was threatening wildlife species and as a
result, some of the wildlife species escaped from Cambodia and other species completely
disappeared.
The invasion of forest lands into the
protected areas in the forms of military and agricultural development areas and personal
property is also another problem which need solving immediately and effectively. The
government sets some regulations to prevent forest offenses but they are not fully and
continuously applied. Which waiting for adaptation of a new law on forest protection and
management, the government has issued a press release on 22 October 1998, and followed by
a statement of principle policy on 20 November 1998:
- To stop immediately and completely all anarchy forest
harvesting, purchase/sale and transportation at all forms and throughout the country,
except legal timber business in forest concession areas with legal permission and under
the strict technical control of competent department forestry. In case, timber/woods
needed for local/in-country utilization have to be bought from legal forest harvesting in
concession areas in the rate of 10%- 70% of annual plan of forest harvesting with
reasonable price set by department of forestry.
- Managing and controlling forest, and non-timber forest
products must be under the control of forestry competence of all levels. Authorities at
all levels, concerned institutes, and powerful people must immediately stop interfering
and violation forest affairs.
- Put an end to allow transportation of logs/timbers without
charge.
- Re-enforce new regulations to authority concerned to stop
collecting " old fall or anarchical logs/timbers. All regulations must be enhanced at
all levels to stop
collecting, buying and transporting
timber/logs in the form of anarchy or their application become void and cancelled. All
legal procedures will be filed to the court for all kinds of anarchical act on logging
concessions.
- For the sake of forest sustainability regarding as scarce
natural resources and natural protection, stop issuing new forest concession licenses to
any company or individual, turning lands with degraded forest of agricultural and
industrial lands must be granted by the government via the Ministry of Agriculture, forest
and fisheries (MAFF). The MAFF, (Department of forestry) has to immediately mark boundary
border for preparatory forest areas and submit it to the government for approval.
- Re-examine agreements of forest concession areas and cancel
any agreements which have not been applied yet or have been applied, not in accordance
with the agreements. The concession forest confiscated were regarded as protected areas
and are not offered to any company.
- For concession forest, which have been legally harvested,
the timber processions must be additionally equipped based on the agreements in order to
increase values of timbers and employment for local citizens. And the company must be
encouraged to follow strictly forest harvesting plans and technical principles especially
reforestation in forest cut and degraded areas.
- Completely ban the continuation of export of logs and saw
timber while timber processed product permitted to export must be from logs of annual prey
coups "defined cutting areas "of concession forests.
- Completely suppress catching, hunting and transporting all
types of wildlife animals. All buy/sale-animal places must be eliminated.
- Immediately stop allocation of natural forestlands or
reforestation fields and used as personal belongings. All authorization licenses regarding
forests must be completely banned until the boundaries of forests are officially approved.
- Encourage reforestation in the areas of degraded forests in
all provinces and towns and community forestry in order to forest and protect as many
forests as possible to provide people with "energy "wood (firewood, charcoal)
and encourage people to use other energies instead of firewood and charcoal. Ministries of
economy and finance should, regularly, provide national budget for reforestation as
annually planed.
- Local authorities at all levels, all types of armed forces
must avail the ministry of agriculture, forestry and fisheries Department of Forestry to
effectively prevent and suppress forest and wildlife offences such as sawmills,
transportation means, and other materials which are used for anarchic forest activities.
when requested for interventions by the expert units, armed forces and local authorities
must honestly and effectively suppress by using any measures, including military measures.
- Not grant unofficial exemptions of profits/taxes to any
concession holders.
- Any individual or company creating anarchic forest
activities, either directly or
indirectly or indirectly, guarding illegal
businessmen or transporting illegal logs/timbers and wildlife animals must be fined or his
post must be confiscated depending on the scale of his illegal activities and must
sentenced according to the existing law. Continue to grant award to government officials
who successfully suppress forest and fishery offenses as defined by the Ministry of
Commerce and finance.
- To have highly effective, legal foundations of forest
protection and management as mentioned above, the government works hard to redraft law on
forest protection and management to be adopted by the National Assembly in the near future
based on timing and practical forest situations and in accordance with the international
law. In the meantime, the MAFF drafts regulations of technical forest implementations for
concession companies and/or holders to operate their businesses.
- The MAFF must report to the government the achievements and
constraints for practical measures.
- The MoE has to set up a mechanism to follow up this
declaration's statement.
After read and saw this declaration, the
ministries, institutions, secretariat of the Royal Army Forces, National Department of
Police, and the local authorities at all levels, must demonstrate the measures with high
responsibility and efficacy.
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Phnom Penh,
25 January 1999 |
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(Stamped
and signed) |
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Hun Sen |
CC:
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- Secretariat of National Assembly
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- Ministries and Secretariat of States
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- General Secretariat of the Royal Armed Forces
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- Department of National Police
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- Provinces and Municipality
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- Cabinet of Prime Minister
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