on

Measures for the Management of Forest Resources and Elimination of Illegal Forest Activities

The Royal Government has been vigorously enforcing the Decree/Law 35/Kr. on Forest Management of June 25 1988, the Reach Kret on the Establishment of the Natural Protected Areas of November 1, 1993 the Law on Environmental Protection and Natural Resources Management of December 24, 1996, and a number of regulations. Nevertheless, many criminals still have taken advantage of the recent political situation to destroy the forest resources.

For the last few years, the Royal Government noted that widespread illegal logging threatened the livelihood of Cambodia's forests. If the trend would be allowed to continue, the Cambodian forests would be soon wiped out. It would affect the agricultural and ecological systems.

In recent years, Cambodia has faced heavy floods and drought caused by deforestation. It undermines soil conservation. The great lake of Tonle Sap, the main habitat for fish in Cambodia, becomes shallower by erosion. The farming land looses fertile topsoil from erosion by wind and water. Fish and wildlife are becoming endangered species.

The recent land grabbing by unscrupulous officials criminally committing deforestation and illegal occupation of designated areas must be swiftly and effectively dealt with while awaiting the new Law on Forestry Protection and Management to be approved and promulgated. The Royal Government issued a statement on October 22, 1998 and its platform on November 30, 1998 as its measures to combat illegal logging. They are as follows:

1.   Stop immediately the nationwide log trade (buying, selling, and transporting of any types of logs), except log
      trading
     bound by forest concession agreements enforced by a technical team of the Forestry and Wildlife administration.
     For domestic use, a 10%-20% of logs may be annually bought through legitimate forest concessionaires and
     strictly
     supervised by the Department of Forestry and Fisheries.

2.  The management and oversight of the log productivity shall be placed under the responsibility of the entire level of
     Forestry and Wildlife administration. All local administration and specialized institutions officials, and other
     so-called
     top officials should interfering in the business of illegal logging.

3. Cancel immediately tax exemption on any types of round log transportation.

4.   Stop and resist any new proposal intending to purchase illegal logs. The permits issued for collection and
      transportation of illegal logs must be invalidated, although they have been in full force. All types of illegal logs from
      any forest concession must be properly documented in accordance with regulations.

5.   Prohibit the granting of new forest concessions in order to maintain forest sustainability and protect the natural
      environment The decision to develop and use the deforested land for agricultural and industrial purposes must be
      agreed upon by the Royal Government through the Ministry of Agriculture, Forestry and Fisheries. The Ministry
      (Department of Forestry and Wildlife) locates and marks the appropriate areas for development as decided by the
      Royal Government.

6.   Review all forest concession agreements Cancel unfulfilled or improperly carried out agreements in accordance with
      regulations. The repossessed forest concessions shall be used for the sole purpose of protecting the natural
      environment. They may not be granted to any other companies for any other purposes.

7.    Encourage companies, which properly comply with the terms of their forest concession agreements, to adequately
      equip themselves with better tools, to create more jobs for the people and to harvest timber in compliance with good
      forest code of practices and to replant trees according to plans specified in the agreements. At the same time, all
      companies shall be responsible for the illegal logging taking place in their own timberlands. Finally, the companies
      and the authorities must clearly mark timberland borderlines.

8. Prohibit the export of round logs and sawn logs. The finished wood products for export must bear proof of the origin of round logs and its annual forest concession agreements.

9. Ban hunting, transporting, exporting, purchasing, and selling of wildlife.

10. Ban cutting down trees and clearing land for propession. Property ownership of timberland must be prohibited, unless its borderline is decided otherwise.

11. Encourage tree planting in deforested land in every province. At the same time, tree communities must be set up for tree planting and conservation in order to provide people the wood energy (fire wood and charcoal). Eventually, the people should be encouraged to stop using wood energy. They must find alternative sources of energy. The Ministry of Economy and Finance must timely provide a national budget for annual tree planting.

12. All level of provincial authorities and the armed forces shall provide facilitation to the Ministry of Agriculture, Forestry and Fisheries (the Department of Forestry and Wildlife) so that the Department may effectively prevent and thwart illegal logging and hunting of wildlife, and close down illegal saw mills, furniture factories, and slaughter houses. In the event of request for intervention from the specialized institutions, they shall closely and in good faith cooperate with them. They may use all means, including military force, for the purpose of detering illegal logging and hunting of wildlife.

13. Demands for bribery, commissions, and kickbacks from authorized forest concession companies shall be prohibited

14. Any individual or group who encourages directly or indirectly illegal logging, and illegal log and wildlife export, shall
     be sanctioned or dismissed from his duties by law. Any individual or group who resolutely prevents illegal logging,
     hunting, and fishing shall be rewarded according to the rules and regulations of the Ministry of Economy and
     Finance.

15. In order to ensure the reliability and the effectiveness of the laws, rules, and regulations for the protection and management of the forest, the Royal Government shall draft a new law applicable to the present situation and adhering to international law. It shall be submitted to the National Assembly for adoption in the near future. At the same time, the Ministry of Agriculture, Forestry and Fisheries shall draft and issue its technical rules to the forest concession companies as guidelines for proper implementation.

16. The Ministry of Agriculture, Forestry and Fisheries shall submit reports on the success and failure in implementing its rules and regulations.

17. The Ministry of Environment shall set up a mechanism to monitor the implementation of this Prakas.

Upon receiving this Prakas, all ministries and concerned institutions, the Commander in Chief of the Royal Cambodian Armed Forces, the General Director of the National Police, and authorities of all levels shall carry it out the measures with the highest level of responsibility and success.

Phnom Penh, January 25, 1999

Prime Minister

Signed

Hun Sen