Table 5 · Web viewMeeting with lot owner # 6 and # 4, Kompong Thom Meeting with master fisherman and shareholder of lot # 3, Kompong Thom Meeting with sub-leasee in lot # 5, Kompong

Annex III – Stakeholder involvement

Annex 2D Public participation

Primary Stakeholders Appraisal Activities Relationship to the TSBR Core Areas Comment

National Level GovernmentMoE- TCU

DoF- Office of Community

Fisheries- Office of Fisheries Domain- Office of Exploitation- Office of Inspection

TSBR Secretariat (TSS)Cambodia National Mekong Committee (CNMC)

- Meetings conducted with all staff of the TCU

- Interviews/informal discussions with the Director and Deputy Director

- Interviews/informal discussions with staff of each office including staff to be assigned to the new Office of Community Fisheries

- Support for two stakeholder workshops conducted by the DoF to discuss the new management concepts for fishing lots

- Stakeholder Workshop on CBNRM

- Yet to be formed- PAC meetings

- The MoE is responsible for management of the core areas of the TSBR. The TCU has conducted various socio-economic and scientific surveys focusing on the core areas of the TSBR. They have drafted the Royal Decree on the creation of the TSBR and have drafted a sub-decree on the functioning of the TSBR Secretariat. They are also conducting livelihood support activities in the communities close to the Prek Toal core area with support from UNESCO and management activities within the core area supported by WCS

- The DoF is the main existing regulatory authority for the fisheries and inundated forest resources of the TSBR and have large numbers of staff and offices deployed throughout the key fishing areas of the TSBR

- Fisheries and inundated forest resources outside the TSBR core zones will be under DoF management as either open access, fish sanctuary, fishing lot or community managed.

- The core areas are currently research fishing lots and there are draft plans to re-designate them as fish sanctuaries

- The DoF is actively developing policies and plans for the promotion of community fisheries throughout the fisheries domain in particular areas released from fishing lots including cancelled fishing lots

- The role of the Secretariat will be to coordinate and strengthen cooperation between ministries, agencies, local authorities and communities

- The CNMC will house the Secretariat and support management activities through member agencies

- The TCU has been the focus of UNESCO and EU support and maintain a field station in Prek Toal Village

- The recent reform of the fisheries sector is an opportunity to improve the management framework for the TSBR

- Harmonization of fish sanctuaries and core areas is a key management strategy

- The role and membership of the secretariat will be defined by sub-decree


Provincial Level GovernmentKompong Thom, and Battambang provinces.The Provincial Governor’s office PoF, PDAFF, PDE

Provincial agencies - PDAFF, PoF, PoFW, PDEYS, PDLMUPC, PDE, PDRD, PDWRM, Provincial Department of Women’s Affairs, Provincial Police and PdoT

- PAC meetings- Meeting with PDA, PDE and PoF

in Battambang Province- Meeting with PDA, PDE and PoF

staff in Kompong Thom Province- Two workshops supported

including representatives from the PoF from all TSBR provinces

- Provincial consultation meetings in each province with representatives of all provincial agencies

- Stakeholder Workshop on CBNRM including PDE and PoF representatives from the 5 TSBR provinces

- The Governor’s Office is responsible for provincial administrative and security issues including chairing the provincial rural development committee and administering the activities of provincial line departments. The Governor’s Office can potentially play a key role in local fisheries management including overseeing the allocation of fishing lots

- The PDA and PoF are the key implementers of the fisheries reform process and are responsible for management of fisheries resources including fishing lots within the province

- Each provincial agency has a roles within the TSBR

- Provincial and district Governor’s are appointed by the Ministry of Interior and are now rotated on a 3 to 5 year basis.

Local Government (below the provincial level)

Prey Chas and Koh Chiveng communes, Ek Phnom District, Battambang Province Peam Bang Commune, Stoeng District, Kompong Thom Province, Phat Sanday Commune, Kompong Svey District, Kompong Thom ProvinceDistrict GovernorDistrict agriculture, forestry and fisheries staff, Commune Chief and Village Chiefs ofChnoc Tru Commune, Boribo District, Kompong Chhnang Province

- Meeting with district agriculture staff and commune and village chiefs of Stoeng District, Kompong Thom Province, currently supported by GTZ

- Meetings with Commune Chief and village chiefs in Prey Chas Commune

- Meeting Commune Chief, and village chiefs, local fisheries staff and other authorities in Koh Chiveng Commune

- Meeting Commune Chief & village chiefs in Peam Bang Commune

- The local government authorities have a key role to play in CBNRM as well as a general administrative and security role

- The GTZ supported Provincial Development Program is conducting CBNRM in upland villages that also migrate to the TS to fish during the fishing season

- Prey Chas Commune is located within the TSBR buffer zone upstream from the Prek Toal core area

- Koh Chiveng Commune is the administrative area of the Prek Toal core area

- Peam Bang Commune is the administrative area of the Boeng Tonle Chmar core area

- The support of local authorities is essential for CBNRM.

- Commercial fuel-wood cutting is widespread in this commune


District Governor and commune chiefs of Lake side districts and communes in each province

- Meeting Commune Chief, and village chiefs in Phat Sanday Commune

- Meeting, retired Fisheries Inspector from Kompong Thom

- Meeting Kompong Thom Central Tonle Sap Fisheries Office

- Meeting Third Deputy Commune Chief, Chnoc Tru Commune

- Provincial consultation meetings in each province with representatives of all provincial agencies

- Local authorities from the core areas attended the Stakeholder Workshop on CBNRM

- Phat Sanday Commune is the administrative area of the Stoeng Sen core area

- Inspectors are key enforcement personnel

- This office manages the 3 other district sub-offices and is located close to the fish sanctuary bordering Kompong Chhnang Province

- Chnoc Tru is the main access point to the Stoeng Sen core area for fishers and traders and a key access point to the Boeng Tonle Chmar core area.

- Local authorities are responsible for the administration of their area of jurisdiction

- The sub-offices are located close to the core areas

- Rehabilitation of this port is planned under ADB RETA

- Local authorities have a role to play for all local level activities

Private SectorFishing lot operators (including sub-leasers) and traders

- Meetings held with a variety of lot owners in Kompong Thom and Phnom Penh to discuss changes to management of fishing lots

- Meeting with lot owner # 1, Kompong Thom

- Meeting with lot owner # 6 and # 4, Kompong Thom

- Meeting with master fisherman and shareholder of lot # 3, Kompong Thom

- Meeting with sub-leasee in lot # 5, Kompong Thom

- Meeting with lot owner # 2, Battambang

- The dominant natural resource management system of the TSBR is the fishing lot system. Lot operators play a key management role. The three core areas are at present research fishing lots but their current status is still been decided

- This research lot covers the main extent of the Stoeng Sen River

- The lot # 6 research lot covers the main extent of the Boeng Tonle Chmar core area

- This research lot covers the main extent of the Stoeng Sen core area

- All fishing lots have a number of sub-leasees

- This research lot covers the main extent of the Prek Toal core area. The owner has in the past owned lots # 1,3 and 4 and sub-leased every annex in lot # 2.

- The DoF is reviewing the hiring procedures for fishing lots

- The PM has ordered that research lots be returned to normal lots.

- Research lot owners are demanding compensation

- The owners of lots # 4 and 6 in Kompong Thom are brothers


Permanent and seasonal villagers within the TSBR

- Meetings held with various villagers both permanent and seasonal fishing communities in Kompong Thom and Battambang provinces

- Two surveys commissioned regarding sustainable livelihood activities in communities close to the three core areas

- Community representatives from permanent and seasonal villages in the TSBR attended the Stakeholder Workshop on CBNRM

- The main primary users of the natural resources of the TSBR are the local fishing communities. In the buffer and core zones, the people are primarily fishers who also rely on local forests for firewood for household use and fish smoking. In some areas they engage in commercial firewood cutting, hunting and collection of bird eggs.

- In the transition and outer buffer zone the people are mainly farmers who also fish. Many of these people migrate to the buffer zone to fish during the dry season (fishing season). These people are said to be mainly responsible for clearing forest for agriculture land and in some areas also engage in commercial firewood cutting, hunting and collection of bird eggs.

- The population of Cambodia is expected to double by the year 2025. In 1998, the permanent population of the TSBR zones was estimated to be core 4,209, buffer 65,922, and transition 1.1 million

Secondary Stakeholders Appraised Activities Relationship to TSBR CommentNational Level Government

MoE- Department of EIA

- Department of Nature Conservation and Protection (DNCP)

MLMUPC

- Information collected from the adviser to the ADB EIA project

- The author has worked with this Department with regard to management of protected areas

- Meeting with various GTZ and World Bank consultants working in the MLMUPC

- The MoE is responsible for monitoring the sustainability of natural resource management in general through EIA

- The DNCP is responsible for management of protected areas as designated by the 1993 Royal Decree on Protected Areas and may play a significant role in the management of the core areas of the TSBR. This has yet to be defined.

- Ministry responsible for land policy and management including first registration of State and private property and is currently receiving substantial support from the World Bank to achieve this

- The role of the MoE in natural resource management has not been realized outside of these protected areas

- Will have a strong role to play in the demarcation of the TSBR buffer zone

Provincial Level GovernmentThe provincial Governor’s office in Pursat, Kompong Chhnang and Siem Reap provincesProvincial agencies - PDAFF, PoF, PoFW, PDEYS, PDLMUPC, PDE, PDRD, PDWRM, Provincial Department of Women’s Affairs, Provincial

- PAC meetings- Meeting with provincial tourism

and environment department directors in Siem Reap Province

- Workshops with representatives from the PoFs from the TSBR provinces

- Provincial consultation meetings in

- A number of tour operators take tours from Siem Reap into the Prek Toal and to a lesser extent, the Boeng Tonle Chmar core areas. Tourism operators and guides are to some extent regulated by the provincial tourism authority

- The mobility of fishers indicate that a lake-wide approach to management of the core areas of the TSBR be adopted. The co-operation of PoF staff from all TSBR provinces is needed

- Each provincial agency has a roles within the TSBR

- The number of international tourists visiting Siem Reap Province has been increasing substantially over the least few years


Police and PDoT each province with representatives of all provincial agencies

- Representatives from the PDEs and PoFs attended the Stakeholder Workshop on CBNRM

Private SectorFish traders and other merchants

Tour operators

- Various reports reviewed- Meeting with various consultants

currently conducting research on fish traders and fish marketing

- Meeting with the main tourism operators in the TSBR (based in Siem Reap Province)

- The main landing ports for the core areas are Chong Kineas in Siem Reap, Kompong Luong in Pursat and Chnoc Tru in Kompong Chhnang

- Increasing numbers of tour operators based in Siem Reap Province are visiting the Prek Toal core area area and one does occasional tours into the Boeng Tonle Chmar core area. The volume of visitors to the core areas, in particular the Prek Toal area is expected to continue to increase substantially. Eco-tourism is increasingly seen as a means to co-fund management of this core area

- These provide essential services to all fishers

- Many tour operators are looking for additional tours outside the Angkorian temple complexes

Multi-lateral AgenciesAsian Development Bank

UN FAO

UNESCO

- Various meetingsand joint field visits with the ADB 5822-REG team

- Various meetings and correspondences with FAO staff in Siem Reap Province

- FAO staff attended the Stakeholder Workshop on CBNRM

- Various meetings with UNESCO and TCU staff (both in Phnom Penh and in the Field Station in Prek Toal, Battambang Province

- Developing various investment projects which will impact on the TSBR including the rehabilitation of the Chong Kineas and Chnoc Tru ports, and a policy/program loan to support the fisheries reform process

- The Participatory Natural Resource Management in the Tonle Sap Region project has pioneered CBNRM of flooded and upland forest resources in Siem Reap and plans to expand into fisheries management including support for projects in other TSBR provinces. Other activities include support for environmental education and awareness (see OSMOSE) and development of fuel efficient stoves

- The main focal point for UNESCO support has been the TCU and the development of the TSBR concept. UNESCO has also been involved in developing environmental education materials for secondary schools in collaboration with the MOEYS

- Components of this project will act as co-financing for this project

- Currently entering a third phase of the project (2001 to 2003)

- In the past UNDP provided support for environmental education in primary schools but


MRC

CARERE/UNOPS/SEILA

- Various meetings with staff of various MRC projects, in particular those based in the DoF

- Various MRC project staff attended the Stakeholder Workshop on CBNRM

- Various meetings with project staff and consultants

Representatives of many of these organizations attended the Stakeholder Workshop on CBNRM

- The MRC Secretariat is providing capacity building support to the CNMC. The Project for Management of the Freshwater Capture Fisheries of Cambodia is directly relevant to the TSBR through capacity building support within the DoF and the collection of catch statistics. Staff are also conducting a long-term case study of fishing communities in Kompong Chhnang Province including community fisheries management

- The SEILA framework is the RGC’s strategy for decentralization. The pilot phase of the project is been conducted in 4 of the 5 TSBR riparian provinces with the technical and funding support of CARERE/UNOPS and GTZ

this ended in 2000

- Most of the DoF staff nominated for the Office of Community Fisheries currently work for the MRC project in the DoF.

- The SEILA framework will be increasingly important for CBNRM

NGOs-InternationalGTZ (German Technical Assistance Society –translation of the German Acronym) Provincial Development Program

Wetlands International

Leucaena Communications Japonica

- Various meetings and discussions with technical advisers and project staff

- Various ongoing meetings and discussions. Has conduct two socioeconomic studies covering the 3 core areas for this Project

- Various meetings with project staff

- GTZ are providing long term support (up to 16 more years planned) to the provincial Government in Kompong Thom province for a variety of development activities including CBNRM in Stoeng and Santouk districts but plan to expand to all districts. The target communities are seasonal users of the natural resources of the TSBR

- Have a Ramsar grant to develop management strategies for the Boeng Tonle Chmar Ramsar Site which is also a core area of the TSBR. Commissioned by the project to conduct various social surveys in the communities living in and around the three core areas

- Currently conducting livelihood and environmental awareness activities. Plan to begin community fisheries in the main villages within the TSBR in Battambang Province (the cancelled lots # 3 and 5).

All are potential project implementation partners

- Project requires technical support


The NGO Forum on Cambodia

Oxfam America

Oxfam GB

Concern Worldwide

Wildlife Conservation Society

- Various ongoing meetings and discussions staff of the environmental coordinator and staff

- Various meetings with program staff

- Various ongoing meetings and discussions with staff including joint field trips

- Meetings with project staff

- Various meetings with staff in Phnom Penh and Siem Reap

Representatives of most of these organizations attended the Stakeholder Workshop on CBNRM

- Primarily involved in advocacy work but maintains strong links with local NGOs throughout the TSBR including facilitating and coordinating involvement of local NGOs and community groups in national policy dialogue on fisheries, forestry and environmental issues. Is also developing a fisheries advocacy network throughout theTSBR

- Has an ongoing Regional Mekong Program. Provides funding to various organizations involved in fisheries and environmental issues in the TSBR

- Provides funding to various local NGO partners throughout the TSBR. Also conducts advocacy research work on fisheries, forestry and land policy and seeks to reflect this work in the partners program. Plan to support various community fisheries pilot projects within then TSBR

- Support a national community forestry program including a community forestry training team (CAMCOFTT). The training team is an important training resource for CBNRM. Also support a community forestry network which includes activities range from direct implementation of community forestry projects to advocacy and the development of new technologies such as fuel efficient stoves

- Provides key support for capacity building and development of the policy and legal framework for wildlife protection. Conduct ongoing wildlife training and surveys including the bird colonies which are the basis of the TSBR core areas. Support the conservation team of the Prek Toal Environment Station. Are also developing field guides and CITES extension materials.

- The NGO Forum is a key link between the national level and local NGOs active in the provinces

- The Oxfams provide funding support to many local NGOs working in the provinces. Many of these local NGOs are potential project collaborators

- Concern supports long term community forest projects within the transition zone in Pursat and Kompong Chhnang provinces

- WCS maintains a head office in Phnom Penh and a field office in Siem Reap


NGOs-LocalCulture and Environment Preservation Association (CEPA)

Local NGOs working with communities within the TSBR primarily in Battambang, Pursat and Kompong Chhnnag provinces

OSMOSE Nature Tours and Conservation Project

- Meetings with project staff and partial funding of CBNRM training for local NGOs conducted in Battambang Province. An assessment of training needs of the participants was conducted

- Attended various meetings of local NGOs at the NGO Forum regarding fisheries issues

- Meetings with project coordinator

Representatives of many of these organizations attended the Stakeholder Workshop on CBNRM

- Are implementing a community fisheries project in Stung Treng Province and have conducted one training on CBNRM for 18 local NGOs from 3 of the riparian TSBR provinces. They plan to follow-up and deliver further training focusing on community fisheries.

- Many of these NGOs are interested in or currently supporting CBNRM and environmental education within the TSBR. In general they require funding and technical assistance

- OSMOSE conducts environmental education activities in both Siem Reap and Prek Toal for children both in and out-of school. The focus has been on increasing environmental awareness and introducing children to the bird colonies in the area. The focus of the next phase is to try to integrate local environmental awareness into the local schools. OSMOSE also supports eco-tourism and plans eco-tourism training for local tour guides

- Some of these NGOs are partners of Oxfam GB.

- OSMOSE is one of a number of NGOs attempting to standardize environmental education materials for use in primary schools

Stakeholders in CBNRM

Representatives from MAFF, DoF, DoFW, MoE, DNCP, PoF representatives from 15 provinces (including the 5 TSBR provinces), PDE from 8 provinces (including the 5 TSBR provinces), local and international NGOs from 10 provinces (including those that work in the 5 TSBR provinces) and community representatives from 14 provinces (including the 5 TSBR provinces) and commune chief from 2 TSBR provinces

- Stakeholder workshop on CBNRM focusing on community fisheriesGeneral Objectives :

a) To develop common understanding of Community Fisheries among the main implementing stakeholders (communities, local authorities, NGOs etc)

b) To identify ways to support the development of Community Fisheries

c) To disseminate the draft sub-decree on Community Fisheries

- CBNRM (or community fisheries) is a the new key management strategy for fishing areas in the TSBR outside of fishing lots, fish sanctuaries and possibly core areas

- Many of the experienced community fisheries projects are outside of the TSBR. Developing links between these projects and new projects within the TSBR is a key capacity building strategy

- There is generally little experience and poor understanding of CBNRM concepts among all of the key stakeholders

Annex VI – Biodiversity Analysis

Annex 2 E: Response to GEFSEC and Council comments at work program inclusion [to be added at the time of CEO endorsement]

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Annex 2F Biodiversity Analysis

1. Introduction

This section highlights the global and regional significance of the biodiversity of the Tonle Sap floodplain inundated by the rising waters of the Tonle Sap River and the Tonle Sap Great Lake. This is roughly the area between Cambodia’s national roads N°5 and N°6 and includes parts of Bantey Meanchey, Siem Reap, Battambang, Pursat, Kompong Chhnang and Kompong Thom Provinces. It corresponds to the area designated by UNESCO under the Man and Biosphere Programme.

There are many reports and surveys covering different biota of the floodplain, but many gaps remain. A lot of information concerning less common species is outdated and doesn’t reflect the current biodiversity status of the ecosystem. Some of this historic data needs to be updated through systematic surveys. Many questions remain unanswered, especially concerning the specific dependence between habitats and species and the interactions between species at the bottom of the food chain (micro and macro flora, invertebrates, and fish) and the ones higher up. Additional information is also needed to better understand the links between the Tonle Sap floodplain and other ecosystems in or outside the Tonle Sap catchment.

This annex attempts to summarize recent (1990s) and reliable data on the significance of the lake’s biodiversity, to identify biodiversity hotspots in the Tonle Sap floodplain and immediate surroundings, and verify if these coincide with the existing protected area system. This should help focus and improve current monitoring and conservation activities, and identify additional research needed.

2. Biodiversity and global significance

2.1. Wetland ecosystems and flora

The immense wetlands surrounding the Tonle Sap are the result of a unique hydrological phenomenon. When the level of the Mekong River rises, water flows up the Tonle Sap River and extends into the Tonle Sap floodplain covering over 1.000.000 hectares. In relation to the loss of wetland habitats in the region, the Tonle Sap floodplain represents the greatest continuous area of savannah swamp forest and inundated forest in the entire Asian region, and its habitat diversity and relative preservation, is of exceptional importance in the context of Southeast Asia. The other wetland areas of Cambodia and Southern Vietnam are widely disturbed.

In all, almost 200 plant species have been recorded in the Tonle Sap area (MRC/UNDP, 1998). The flora as a whole is distinct from other wetlands associated with the Mekong River and appears to be more individual in regard to it’s woody components (Schmid, 1964). Many species are endemic to the Mekong River catchment. McDonald (1997) lists the restricted-range tree species Homalium brevidens and Terminalia cambodiana (endemic to Tonle Sap and southern coastal zone of Cambodia) as rare, and having largely suffered due to their exploitation for charcoal production. He also reports the finding of a new species (or sub-species) related to Lumnitzera racemosa.

Diverse agricultural practices, adapted to the flooding regime, have been developed over centuries. Agricultural systems are now an important part of the overall ecosystem and contribute

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to its diversity both in terms of wildlife habitat and agro-biodiversity. Important areas remain exceptionally well preserved from agricultural encroachment, due to the low population density, the lack of agricultural potential, difficult access and the habitat protection through the private fishing concession or lot system. The seasonal change of water level and flood duration are key differentiation factors for habitat distribution and land use within the floodplain. The main wetland habitats or land use types are:

Short tree and shrubland habitat: This habitat type covers the majority (80%) of the remaining natural or non-agricultural habitat. It consists of dense to semi-continuous stands of short trees and shrubs, up to 4 meters height, interspersed with herbaceous vegetation. These shrublands are characteristic for the outer part of the flood plain vegetation, where drought is more severe. Scattered taller trees occur in shrubland areas that are less disturbed but tend to disappear in areas with higher incidence of forest fires and through selective fuel wood harvest.

Stunted swamp forest: This type of forest habitat consists of 7-15 meter-tall trees occupying shores of permanent or non-seasonal water bodies and is dominated by two species: Barringtonia acutangula and Diospyros cambodiana. Stunted swamp forest extends over less than 10% of the remaining natural habitat. It occupies the inner part of the floodplain close to the permanent lake, where areas are flooded by 4-6 meters of water, for more than 6 months per year.

Gallery forests along river banks: A very distinct forest habitat occurs along the Stung Sen River banks. It is a more dense and stratified forest type that constitutes a transition between the typical stunted swamp forest of the floodplain and the lowland evergreen or semi-deciduous forests of the Tonle Sap catchment. The typical swamp forest species tend to occur in lower densities as sub-dominants or co-dominants.

Aquatic herbaceous vegetation: Aquatic perennial herbs and grasses can be either floating or emergent and occupy shores of permanent water bodies or riverbanks.

Permanent or semi-permanent water bodies: Small to very large permanent or seasonal water bodies cover the floodplain, after the lake water recedes. Some of the permanent water bodies such as creeks, river estuaries, lakes and ponds can be deeper than the permanent lake itself. Other water bodies are semi-permanent and will slowly disappear during the dry season.

Agricultural land: Rice is the main agricultural crop cultivated in and around the floodplain. Four categories of rice cultivation practices exist in the area included inside the national roads 5 and 6. Rainy season rice is the most common rice growing technique practiced above the average high water mark. Recession rice is planted as the water level drops. Dry season (irrigated) rice is grown a bit later using water trapped behind retention dikes. Floating or deep-water rice is sown before the water starts rising and grows according to the water level. A large number of local and introduced rice varieties are used for the different rice cultivation practices around the floodplain. Other crops such as mung bean, sesame and maize are cultivated during the dry season on elevated (mainly river) banks within the floodplain. Jute and lotus cultivation is practiced in more waterlogged areas.

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2.2 Fauna

Table VI.6 summarizes all the globally significant biodiversity of the Tonle Sap area, along with notes on species history and regional distribution.

2.2.1. Invertebrates

Invertebrates of the Tonle Sap are poorly known. The B.Sc. thesis by Lim Vuthy (1995) on the freshwater crustaceans and mollusks of Cambodia is the most recent compilations of these two groups of freshwater invertebrates. This compilation, supplemented with information from KAMFIMEX Co. (1993) and Janh et al. (1996) identified 2 prawn species, 4 crabs, 17 gastropods and 10 bivalves. Boeng Tonle Chhmar, the Stung Sen River and Sangke River estuaries are areas with high concentrations of bivalves. From the above list, 3 species of bivalves (Cobicula bocourti, C. cyreniformes, C. moreletiana), 2 prawns (Macrobrachium rosenbergii, M. lanchesteri) and 1 crab (Somanniathelpusa sp.) have been confirmed for the Tonle Sap Lake (UNDP-MRC, 1998). These freshwater invertebrates are an important source of food for local communities and aquatic wildlife.

2.2.2 Fish

This huge and diverse wetland system is one of the most productive freshwater fisheries in the world. The fisheries of the Tonle Sap River and Lake accounts for 15-20 % of the freshwater capture fisheries in the Lower Mekong Basin (van Zalinge, 2000) and represents 50-70 % of the catch for Cambodia (Bonheur, 1998). The size of the Tonle Sap’s floodplain swamp forest and it’s role as feeding and spawning area for migratory and non-migratory fish further justifies it’s national and basin wide importance. The fisheries productivity of the lake is know to be one of the highest in the world. On a per hectare basis this is nearly ten times more productive than the North Atlantic sea fisheries (Dennis, 1984). The high productive capacity of this water associated with external inputs of nutrients derived from terrestrial production (Pantulu, 1986).

Table VI.1 Productivity of the Tonle Sap Lake and River

Average fish production including bagnet (dai), mobile, lot, subsistence and ricefield fisheries

230.000 tons

Average water area available to fish 1.000.000haAverage productivity 230kg/ha/year

A total of 107 fish species have been recorded by Rainboth (1996) for the lake only. However, the number of fish species occurring in the lake and river is likely to be significantly higher, and 200 species is a likely minimum (pers. comm. van Zalinge, 2001). Kottelat (1985) identified 215 species in the Cambodian Mekong, but current figures are around 500 species (pers. comm., van Zalinge, 2001). Many of these are probably found in the lake at some time or other. The main groups are cyprinids (48 species), Pangasidae (7 species), Bagridae (5 species) and Siluridae (5 species). The Tonle Sap probably lacks endemic fish species, although the headwaters of tributary streams of the Tonle Sap catchment may have distinct isolated species. More than 70 species are considered abundant and have been identified in the fish catches of which 18 are of great economic importance, representing over 1 million kg of the annual catch. Seven species aron the IUCN red list and at least two are listed under CITES appendices I or II (Table VI.2). Many

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endangered species are larger migratory fish. They leave the Tonle Sap lake as soon as the water level starts dropping and migrate towards the upper reaches of the Cambodian Mekong

Table VI.2 Fish species of global significance

Scientific name Common name IUCN Threat Categories

CITESlistings

Status in Tonle Sap

Balantiocheilos melanopterus Bala Sharkminnow - - Conf.Chitala blanci Royal Featherback NT - Conf.Catlocarpio siamensis Giant Barb - ? Conf.Chela caeruleostigmata Leaping Barb CR - Prov.Dasyatis loasensis Mekong Freshwater Stingray EN - Hist./ProvDatnioides microlepis Finescale Tigerfish - - Hist.Pristis micodon Largetooth sawfish EN - Hist.Pangasianodon gigas Mekong Giant Catfish * EN I Conf.Tenualosa thibaudeaui Laotian Shad ** EN - Conf.Puntioplites bulu - - ? Conf.Probarbus jullieni Seven-line Barb EN I Conf.* Sharp decline and very rare in Tonle Sap Lake and River** Largest individuals are found in the Tonle Sap Lake

2.2.3 Reptiles

The occurrence and distribution of reptiles in Cambodia has long been poorly known. Today herpetologists must still rely on the historical literature for studying these species. Recent surveys undertaken by the Tonle Sap Technical Coordination Unit (Ministry of Environment) and the Department of Forestry and Wildlife (Ministry of Agriculture) with help from various conservation organizations such as WCS have updated the current status on reptile biodiversity. At present there are probably 42 species of reptiles (including one species of endemic watersnake, seven turtles/tortoises and a crocodile). Eleven species are on the IUCN red list and twelve species are listed under the CITES appendices I or II (Table VI.3).

2.2.4 Birds

Some 225 bird species have been recorded in the Tonle Sap area since the 1960s (MRC/UNDP, 1998) of which 45 % (mainly the larger species) have also been recorded in the surveys carried out since 1993. The Tonle Sap floodplain is the predominant dry season breeding and feeding area for many species, especially large birds such as ducks (Anatidae), jacanas (Jacanidae), bustard (Otididae), rails (Rallidae), herons and egrets (Ardeidae), cormorants (Phalacrocoracidae), darter (Anhingidae), ibises (Threskiornithidae), pelicans (Pelicanidae) and storks (Ciconiidae), along with large flocks of small birds such as weavers (Ploceinae) and avadavat, and munias (Estrildinae). The Tonle Sap (mainly the Prek Toal core area but also the Boeng Tonle Chhmar core area) sustains the most significant colonies of waterbirds in the whole of mainland Southeast Asia. Twenty-two species are on the IUCN red list and a total of twelve species are listed under the CITES appendices I or II (Table VI.4). Most of the important species are breeding residents or short distant local migrants.

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2.2.5 Mammals

Some 46 mammal species are likely to occur in the larger Tonle Sap area or catchment (MRC/UNDP, 1998). A number a big mammal species such as the Asian Elephant, Tiger, etc. used to migrate from upland areas to the Tonle Sap floodplain through natural corridors. The floodplain is now surrounded by an agricultural belt cutting off the floodplain ecosystem from upland forest areas. This isolation has resulted in a decrease in the number of mammal species occurring at the Tonle Sap. The current status of the mammal species directly dependent on the Tonle Sap ecosystem is poorly documented. Recent surveys have identified 15 species of mammals for the Tonle Sap Lake and floodplain (Bonheur, 2001). Seven species are on the IUCN red list and a total of ten species are listed under the CITES appendices I or II (Table VI.5). The table below provides a short overview of mammal species of global significance.

Table VI.3 Reptiles of global significance


CITES Status in Tonle Sap

Amyda cartilaginea Asiatic Softshell Turtle VU - Conf.Batagur baska River Terrapin CR I Hist.Crocodylus siamensis Siamese Crocodile * CR I Conf.Cuora amboinensis South Asian Box Turtle VU II Conf.Enhydris longicauda Tonle Sap water snake ** - - Conf.Naja kaouthia Monocled Cobra - II Conf.Naja siamensis Indochinese Spitting Cobra - II Prov. Ptyas mucosus Common Rat Snake - II Prov. Python reticulatus Reticulated Python - II Conf.Python molurus bivittatus Burmese Python NT II Conf.Heosemys grandis Giant Asian Pond Turtle VU - Prov.Hieremys annandalii Yellow-headed Temple Turtle *** EN - Conf.Indotestudo elongata Elongated Tortoise EN II Prov.Malayemys subtrijuga Malayan Snail-eating Turtle VU - Conf.Pelochelys cantorii Cantor’s Giant Soft-shell EN - Prov.Ophiophagus hannah King Cobra - II Conf.Siebenrockiella crassicolis

Black Marsh Turtle VU - Prov.

Varanus bengalensis Bengal Monitor - I Prov.Varanus salvator Water Monitor - II Conf.* Wild population now reduced to scattered individuals, probably not a viable population. Regular

records from fishing lot owners.** Endemic to the Tonle Sap Lake and River.*** Exploited to brink of extinction in TS, highly aquatic species.Source of data: WCS Cambodia

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Table VI.4 Birds of global significance



Acrocephalus tangorum Manchurian Reed-Warbler VU - Conf.Anhinga melanogaster Oriental Darter NT - Conf.Aquila clanga Greater Spotted Eagle VU II Conf.Aquila heliaca Imperial Eagle VU II Conf.Cairina scutulata White-winged Duck EN I Hist./Prov.Ephippiorhynchos asiaticus Black-necked Stork NT - Conf.Houbaropsis bengalensis Bengal Florican * EN I Conf.Grus antigone sharpii Eastern Sarus Crane VU II Conf. Gyps bengalensis White-rumped Vulture CR II Conf.Haliaeetus leucoryphus Pallas’s Fish-eagle VU II Prov.Heliopais personata Masket Finfoot VU - Conf.Ichthyophaga ichthyaetus Grey-headed Fish Eagle NT II Conf.Leptoptilos dubius Greater Adjutant ** EN - Conf.Leptoptilos javanicus Lesser Adjutant VU - Conf.Milvus migrans Black Kite - II Conf.Mycteria cinerea Milky Stork VU I Conf.Mycteria leucocephala Painted Stork NT - Conf.Pelecanus philippensis Spot-billed Pelican VU - Conf.Ploceus hypoxanthus Asian Golden Weaver NT - Conf.Polihierax insignis White-rumped Falcon NT II Conf.Pseudibis davisoni White-shouldered Ibis *** CR - Conf.Sarkidionis melanotos Comb Duck - II Conf.Pseudibis gigantea Giant Ibis CR - Hist.Threskiornis melanocephala Black-headed Ibis NT - Conf.* Breeding resident, largest remaining population in the world.** Breeding resident, significant population in PT (30 pairs or 10% of world’s population), only

viable population remaining in Southeast Asia or anywhere outside the Indian subcontinent.*** Formerly distributed across Cambodia and most common in the northwest. Currently known only

from north of TS, Probably one of the most threatened species in Cambodia.

Table VI.5 Mammals of global significance



Axis porcinus annamiticus Indochinese Hog Deer DD I Hist.Canis aureus Asiatic Jackal - II Conf.Lutra sumatrana Hairy-nosed Otter DD II Conf.Lutrogale perspicillata Smooth Otter VU II Conf.Macaca fascicularis Long-tailed Macaque NT II Conf.Orcaella brevirostris Irrawaddy Dolphin DD II Hist./Prov.Prionailurus viverrinus Fishing Cat NT II Conf.Pteropus lylei Lyle’s Flying-fox - II Conf.Pteropus vampyrus Large Flying-fox - II Conf.Semnopithecus cristatus Silvered Langur NT II Conf.

15


3. Existing Protected Area System

3.1. Within the Tonle Sap Floodplain

3.1.1. Fisheries protected areas

These are generally based on the 1987 Fiat Law on Fisheries Management and Administration, although embedded in earlier fisheries regulations (see 1.1 and Annex IV Legal & Policy).

Strictly protected fisheries domain The “strictly protected fisheries domain” (as defined in Proclamation 0067) of the Tonle Sap Lake is the inner section of the flooded forest or floodplain surrounding the permanent lake. The demarcation of this section of the Tonle Sap floodplain is roughly based on the average inundation level on the first of August. It is considered as the most important part of the floodplain for the maintenance of productive fisheries. Most of the commercial fishing concessions or lots are located inside this area but the protection status also applies to sections of lots located beyond the demarcation line.

The cutting, burning, clearing of flooded forest habitat for the expansion of existing agricultural land or any other purpose is strictly prohibited without the approval of the Ministry of Agriculture, Forestry and Fisheries. Issuing land titles for existing agricultural land also has to be approved by the same Ministry. This section of the floodplain contains most of the remaining stunted swamp forest or gallery forest habitats

Fish Sanctuaries

Fish sanctuaries are areas set aside for the protection of fish stocks and improvement of fish recruitment. All fishing activities, including small scale fishing, are prohibited all year round. Only fishing for scientific purposes can be allowed. There are seven sanctuaries located inside the permanent lake plus one covering a section of the Tonle Sap River-Lake estuary. A majority of the open lake sanctuaries were used for brushpark fishing in the past and probably cover the deeper parts of the open lake. The main aim of the sanctuaries is to provide dry season refuge areas for mainly non-migratory fish.

3.1.2. Based on Environmental Law

Tonle Sap Multiple Use Management Area

The strictly protected fisheries domain area was classified as Multiple Use Management Area by the Royal Decree on the Creation and Designation of Protected Areas (1993). This nomination was based on the great biological, ichthyological, hydrological and cultural/economic importance of the lake and aiming at the sustainable use of water resources, timber, wildlife, fish, pasture and recreation with the conservation of nature primarily oriented to support these activities.

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Tonle Sap Biosphere Reserve

The Tonle Sap Biosphere Reserve was established by Royal Decree in 2001. The reserve is divided into different zones: core zone(s), buffer zone and transition zone. The transition zone corresponds to the area between the national roads N°6 and N°5 and the limit of the protected fisheries domain. The buffer zone includes the strictly protected fisheries domain and the permanent lake. The three core zones (Prek Toal, Boeng Tonle Chhmar and Stung Sen) are located within the buffer zone and only cover flooded forest areas. The core areas, unlike the fish sanctuaries don’t cover areas of the permanent lake.

The transition zone is where sustainable resources management practices are promoted and developed. The buffer zone clearly identifies the area where activities are compatible with conservation and ensures the protection of the core zones. Only the core zones are devoted to long-term protection. The selection of the core zones was based on the protection of native biodiversity in general. The size of the core zones, as defined by the Royal Decree (2001) is smaller than the originally proposed core zones. The more specific selection criteria per zone were:

Boeng (Tonle) Chhmar (Moat Kla) core zone (14,560 ha)

unique ecosystem with pristine habitats, including a complex network of deep permanent streams, creeks and waterbodies

minimal human occupation aesthetic landscapes important feeding/staging area for large endangered waterbird species important for fish, mammal and reptile conservation

Prek Toal core zone (21,342 ha)

most important breeding and feeding area for endangered large waterbird species pristine wetland habitats with complex network of permanent streams and water bodies high potential for eco-tourism (close to Siem Reap/Angkor) minimal human occupation important area for fish, mammal and reptile conservation

Stung Sen core zone (6,355 ha)

area with unique species composition of ancient stands of trees rare to the Tonle Sap floodplain (elements of lowland evergreen forest)

regionally unique ecosystem, disturbed but with many primary elements intact minimum human occupation

Boeng (Tonle) Chhmar RAMSAR site (28.000ha)

Three sites within the Tonle Sap floodplain were originally identified based on their exceptional conservation value: Prek Toal (important breeding colonies of large waterbirds), Boeng Tonle Chhmar (highest habitat diversity on the floodplain consisting of a system of creeks, waterways, a permanent lake within the floodplain and numerous isolated permanent pools), and Stung Sen (area of closed canopy inundated forest). However, when RGC signed the Ramsar Convention in

17


1999, only Boeng Tonle Chhmar was nominated as Ramsar site for the Tonle Sap Lake. This site has since then been accepted by UNESCO, and included in the list of Ramsar sites.

3.2. Outside the Tonle Sap Floodplain

3.2.1. Ang Trapeang Thmaw Reservoir or Sarus Crane Reserve

The 12,000 ha Sarus Crane Reserve of Ang Trapeang Thmaw is located some 20km north of national road N°6 (Bantey Meanchey Province). The area was designated by Royal Decree (Ministry of Agriculture, Forestry and Fisheries, 2000) as an important area for the conservation of Eastern Sarus Cranes. As mentioned in Table VI.6, the reserve also hosts a number of other endangered bird species. The current understanding of seasonal movements of large water birds indicates the links between the Crane Reserve, the Tonle Sap floodplain and the northern plains of Cambodia.

3.2.2. Stung Treng RAMSAR Site

The 13,000 ha Stung Treng Ramsar site is one of the three Cambodian sites nominated in 1999. UNESCO has subsequently accepted its nomination. The wetland is located in Stung Treng Province, along the upper reaches of the Cambodian Mekong. It was selected for its well-preserved flooded forest habitat and complex system of islands on the river. This section of the river includes deep pools that are important for the spawning of migratory fish. The fish diversity and productivity of the Tonle Sap Lake very much depends on the protection and management of these spawning areas. These deep pools are also important dry season habitat for the Irrawaddy Dolphin.

4. Other important sites without protection status

4.1. Inside the Tonle Sap floodplain

The northeastern edge of the Tonle Sap floodplain (from southern Chikreng District in Siem Reap Province to the Stung Chinit area in Kompong Thom Province) and in particular the Krous Kraom region in southern Kompong Thom Province are important areas for the conservation of endangered bird species. The area is located outside the strictly protected fisheries and comprises a mosaic of grasslands, permanent waterbodies, shrubland and floating rice.

4.2. Outside the Tonle Sap floodplain

Deep pools along the Tonle Sap and Mekong Rivers

The succession of deep pools along Tonle Sap River and Mekong River defines the fish migration route from the Tonle Sap Lake to the spawning areas (deep pools and tributaries) of the upper reaches of the Cambodian Mekong.

Wetland habitats in forests of the northern plains of Cambodia

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A number of globally threatened large water bird species, such as Spot-billed Pelicans, Painted Storks, Greater and Lesser Adjutants breed on the lake, but disperse across the northern plains of Cambodia in the dry season. Conversely, Sarus Cranes and White-shouldered Ibis breed in the northern plains and return to the large permanent wetlands of the Tonle Sap floodplain at the beginning of the dry season. This highlights the important linkages between both ecosystems.

5. Relevance of Protected Area systems within the Tonle Sap floodplain

Most of the protected area zoning based on environmental law roughly matches the most important areas for biodiversity conservation. However, the zoning is purely administrative, and there are few management systems or regulations in place, and enforcement is poor.

The current management and zoning put in place are defined by the fisheries law but are focused on the commercial exploitation and sustainable management of the fish resources. The system of commercial fishing concessions or lots, still covering the most important parts of the strictly protected fisheries domain, is the main fisheries management tool. Most of the biodiversity hotspots (large water bird breeding and staging areas) are located within the (larger) fishing lots because they are better preserved, less accessible to people and include the most productive fishing grounds. The fish sanctuary system is currently being reviewed by DoF. The relevance of the lake sanctuaries will be evaluated and new fish sanctuaries (most probably in Prek Toal and Boeng Tonle Chhmar) will be established.

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TABLE VI.6 Species of Global Significance found in the Tonle Sap area

Scientific name Common name

Global Range Global Threat

Regional Threat


Notes Location of records

Bibliographic References

MAMMALSAxis porcinus annamiticus

Indochinese Hog Deer

Unclear. Formerly, a thin distribution from Pakistan, northern India, through Myanmar, southern China, Thailand, and Indochina, though probably extirpated from many or most of these areas

DD Conditionally at risk in Lao PDR

I Hist. Possibly extirpated but if present, a globally critical population. Probably extinct in Thailand, Laos and Vietnam, raising the importance of any Cambodian population located

- WCS Unpublished data

Canis aureus Asiatic Jackal

Widespread from eastern Africa, through Southeast Europe, the Indian subcontinent, including Sri Lanka and east to Myanmar, Thailand and Indochina

- Little known in Lao PDR

II Conf. KK 18

Cuon alpinus Asian Wild Dog (Dhole)

India, east across southern China, Myanmar, Thailand, Indochina, Malaysia, Sumatra and Java

VU At risk in Lao PDR

II Prov. Unlikely to occur in the core areas

- 1

Lutra sumatrana

Hairy-nosed Otter

Southern Indochina, Thailand and south through Malaya to Sumatra, Singapore and Borneo

DD Conditionally at risk in Loa PDR

- Conf. Rare resident, potential population of global significance

PT 9

Lutrogale Smooth- Indian subcontinent, VU At risk in Lao II Conf. PT 1,9

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perspicillata coated Otter west through Myanmar, southern China, Thailand and Indochina. South to Malay, Sumatra, Java, Borneo

PDR

Macaca fascicularis

Long-tailed Macaque

From southern South-East Asia, throughout Philippines and Sumatra, Java and Borneo

NT Potentially at risk in Lao PDR

II Conf. Common resident, widespread

TS, PT 17

Orcaella brevirostris

Irrawaddy Dolphin

Widespread from east coast of India across Southeast Asia and Philippines and south to Australia.

DD At risk in PDR Lao

II Hist./Prov. Unconfirmed reports by lot owners in Siem Reap province, wet season visitor, doubtful

- 1, 2

Prionailurus viverrinus

Fishing Cat Isolated patches in Pakistan, Sri Lanka and South-West India, then from northern India westwards through Bangladesh, Myanmar, Thailand and Indochina. Also Sumatra and Java.

NT Little known in Lao PDR

II Conf. Potential population of global significance

PT 9

Pteropus lylei Lyle’s Flying-fox

Southern Vietnam, Cambodia, Thailand and possibly Myanmar

- - II Conf. Probably breeding in TS flooded forest. Cambodia represents the majority of the range. Trade/restaurants in PP: potentially high conservation concern

TS WCS unpublished data

Pteropus vampyrus

Large Flying-fox

Extensive. From eastern India westwards

- - II Conf. Probably breeding in TS flooded forest. Although widespread throughout


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throughout Southeast Asia and south to the Sundas, including Malaysia and parts of Indonesia

Southeast Asia, the species is only locally common and heavily persecuted in most places and is often seen in trade and some restaurants in Phnom Penh.

Semnopithecus cristatus

Silvered Langur

Disjunct populations from extreme eastern India and Myanmar through southern Indochina and southern Thailand, western Malay peninsular, Sumatra and Borneo

NT At risk in Lao PDR

II Conf. KK 6,18

BIRDSAcrocephalus tangorum

Manchurian Reed-Warbler

Only known to breed in a restricted area of northeast China and far eastern Russia, The only known regular wintering site is at Khao Sam Roi Yot in southwest Thailand

VU Endangered in Thailand, Little know in Lao PDR

- Conf. Winter visitor, grassland habitat, possibly largest single concentration (10+ birds) of this species away from it’s breeding grounds,

KK 6,18

Anhinga melanogaster

Oriental Darter

Africa, Indian subcontinent, Indonesia, Oceania and Southeast Asia

NT Critical in Thailand, At risk in LAO PDR

- Conf. Cambodian population is mainly centered around TS, resident, breeds in colonies during wet season

TS, PT, BC, MK, DR

3,7,10,11

Aquila clanga Greater Spotted Eagle

Breeds from northeast China and Siberia through central Asia to

VU Endangered in Thailand, Little known in Lao PDR

II? Conf. Winter visitor but does occasionally over-summer in Cambodia. Has sharply declined in

KK 6,18

22


northeastern West Palearctic, wintering from southern Europe and northeast Africa through the Middle East and the northern Indian subcontinent to South China and Southeast Asia

Cambodia

Aquila heliaca Imperial Eagle

Central Asia, parts of Africa and Northern Indian Subcontinent

VU? Endangered in Thailand, Little known in Lao PDR

II? Conf. Rare visitor KK WCS unpublished data

Cairina scutulata

White-winged Wood-duck

From northeast India and Bangladesh through Southeast Asia to Sumatra and south-central Vietnam, but absent from the Malay Peninsula.

EN Critical in Thailand, At risk in Lao PDR

I Hist./Prov. Recent records are mainly based on reports by local residents, species might have been confused with others

BC, PT 1,3,7,8,10,11

Ephippio-rhynchos asiaticus

Black-necked Stork

Formerly widespread across South Asia & patchily through SE Asia to Java, New Guinea and Australia. Now restricted to parts of India, Sri Lanka, Australia, PNG and Cambodia

NT Critical in Thailand, At risk in Lao PDR

- Conf. Resident, Cambodia (mainly TS) supports the most important remnant population in Southeast Asia

BC, PT, KK, ATT, SC

1,3,6,7,8,10,11,18

Houbaropsis bengalensisblandini

Bengal Florican

Southern Vietnam, southeast and northwest Cambodia

EN - I Conf. Breeding resident, largest remaining population in the world. Nests in grassland/shrubland mosaic

KK and 150 km southeast from ATT, scattered along

6, 15, WCS unpublished data

23


northwestern TS floodplain

Grus antigone sharpii

Eastern Sarus Crane

Formerly much more widespread, it is now restricted to northern India and parts of Myanmar and southern Indochina (South Laos, Cambodia and the Mekong Delta in Vietnam), with an outlying population in northeast Australia

VU Extinct in Thailand, At risk in Lao PDR

II Conf. Non-breeding visitor, population congregates (from northern and northeastern plains) in ATT during dry season. Others move to southern Vietnam via staging areas (KK) on the northeastern shore of TS (grasslands)

ATT, KK 1,6,9, 18

Gyps bengalensis

White-rumped Vulture

South Asia, SW China and SE Asia

CR Critical in Thailand, at risk Lao PDR

II Conf. Vagrant SS 21

Haliaeetus leucoryphus

Pallas’s Fish-eagle

Central and northeastern Asia, Myanmar, vagrant to north Thailand, Cambodia and Southern Vietnam

VU Critical in Thailand

II Prov. No recent and confirmed sightings in TS, recent sighting in ATT confirms occasional presence in northern Cambodia

ATT 1, 6

Heliopais personata

Masket Finfoot

Northeast India, south Bangladesh, parts of Indonesia and Southeast Asia

VU Endangered in Thailand, At risk in Lao PDR

- Conf. Breeding resident, Tonle Sap might hold a globally significant population

BC, PT, MK

11

Ichthyophagaichthyaetus

Grey-headed Fish-eagle

From the Indian subcontinent through mainland Southeast Asia to the greater Sundas and Sulawesi, Indonesia and the Philippines

NT Critical in Thailand,At risk in Lao PDR

II Conf. Breeding resident, regular sightings (both in wet and dry season) in core areas, where flooded forest still holds larger trees

TS, PT, KK, BC

6,7,8,9,10,11, 18

24


Leptoptilos dubius

Greater Adjutant

Formerly much more widespread in Indian subcontinent and Southeast Asia, now restricted to Assam in northeast India, Cambodia and possibly Myanmar, with occasional visitors occurring in Thailand & Vietnam

EN Critical in Thailand, At risk in Lao PDR

- Conf. Breeding resident, significant population in PT (30 pairs or 10% of world’s population), only viable population remaining in Southeast Asia or anywhere outside the Indian subcontinent.

PT, BC, ATT, KK

1,3,6,7,8,10,11,18

Leptoptilos javanicus

Lesser Adjutant

From the Indian subcontinent east to south China and south through Southeast Asia to Indonesia

VU Critical in Thailand, At risk in Lao PDR

- Conf. Breeding resident, substantial population around the TS

TS, PT, MK, SS, BC, KK, SC

1,3,6,7,8,10,11,18

Milvus migrans Black Kite Africa, Europe, Middle East, Indian subcontinent and throughout Northeast and Southeast Asia, Indonesia, Australia

- Endangered in Thailand

II Conf. ATT, KK 18, WCS unpublished data

Mycteria cinerea

Milky Stork Indonesia, Malaysia and Cambodia, formerly occurred in southern Vietnam

VU Critical in Thailand

I Conf. Breeding resident PT, KK, ATT

1,3,6,7,8,10,11,18

Mycteria leucocephala

Painted Stork

Breeds through much of the Indian subcontinent and Cambodia, scattering to Thailand, Laos, Vietnam outside breeding season

NT Endangered in Thailand, At risk in Lao PDR

- Conf. Breeding resident, whole population concentrates in PT during breeding season

TS, PT, KK, SC

1,3,6,7,8,10,11,18

Pelecanus Spot-billed India, Sri Lanka, VU Critical in - Conf. Breeding resident, PT, BC, 1,3,6,7,8,10,11

25


philippensis Pelican Cambodia and Southern Vietnam, dispersing to other parts of Southeast Asia in the non-breeding season

Thailand, At risk in Lao PDR

whole population concentrates in PT during breeding season, Cambodia probably holds the world’s largest single remaining population

TS, KK, SC

,18

Ploceus hypoxanthus

Asian Golden Weaver

Indonesia, Myanmar, Thailand and southern Indochina

NT Vulnerable in Thailand, At risk in Lao PDR

- Conf. Threatened by trade for the pagoda release market

ATT, KK, SC

6,9,18

Polihierax insignis

White-rumped Falcon

Thailand, Burma and Indochina

NT Vulnerable in Thailand, Potentially at risk in Lao PDR

II Conf. Rare visitor - 21

Pseudibis davisoni

White-shouldered Ibis

Formerly quite widespread on Borneo and across mainland Southeast Asia, it is now restricted to southeast Borneo and parts of Cambodia, south Laos, south Vietnam and perhaps Myanmar

CR Extinct in Thailand, At risk in Lao PDR

- Conf. Formerly distributed across Cambodia and most common in the northwest. Currently known only from north of TS, Probably one of the most threatened species in Cambodia, formerly IUCN endangered

KK, ATT 1,3,6, 15, 18

Sarkidionis melanotos

Comb Duck Africa, South America, Indian subcontinent, Myanmar, Cambodia

- Endangered in Thailand, At risk in Lao PDR

II Conf. MK, BC, ATT, KK

18

Pseudibis gigantea

Giant Ibis Endemic to central and peninsular Thailand, Cambodia, southern Vietnam, southern and central

CR Extinct in Thailand, At risk in Lao PDR

- Hist. Probably extirpated from lake area (vagrant?), now confined to northern and northeastern Cambodia

- 1,4

26


Lao (confirmed)Threskiornis melanocephala

Black-headed Ibis

From the Indian subcontinenteast through parts of China to Japan and south through parts of Southeast Asia to Sumatra, Borneo and the Philippines

NT Endangered in Thailand, At risk in Lao PDR

- Conf. Breeding resident, in Cambodia mainly around TS and ATT, nesting in PT (100-200 pairs)

ATT, TS, BC, PT, KK, SC

1,3,6,7,8,9,10,11, 18

REPTILESBatagur baska River

TerrapinBangladesh, Indonesia, India, Cambodia, Myanmar, Singapore, Thailand, Vietnam

CR Extinct in Vietnam and Thailand

I Hist. This species has long been extirpated from the lake, shells at Siem Reap Fisheries office, collected from the lake many years ago, recent sightings along Cambodia’s coastal zone

- WCS unpublished data

Crocodylus siamensis

Siamese Crocodile

Thailand, Cambodia, Vietnam, Indonesia, Laos, Malaysia (Sabah, Sarawak)

CR Probably extinct in Vietnam

I Conf. Wild population now reduced to scattered individuals, probably not a viable population. Regular records from fishing lot owners

PT, BC, SS

1, WCS unpublished data

Cuora amboinensis

South Asian Box Turtle

Laos, Vietnam, Cambodia, Thailand, Myanmar, Singapore, Malaysia, India, the Philippines and Indonesia

VU - II Conf. Rare around the lake, occurs in grasslands of the flood plain margin

PT, TS WCS unpublished data

Enhydris longicauda

Tonle Sap water snake

Endemic to Tonle sap Lake and River (Cambodia)

- - - Conf. By-catch from fishermen. Are harvested extensively together with other

TS 14, 16

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water snakes to feed farmed crocodiles

Naja kaouthia Monocled Cobra

- - II Conf. By-catch from fishermen

- 16

Python reticulatus

Reticulated Python

Thailand, Malaysia, Singapore, Myanmar, the Philippines and Flores

- - II Conf. TS 1, WCS unpublished data

Python molurus bivittatus

Burmese Python

NT - II Conf. By-catch from fishermen

- 16

Heosemys grandis

Giant Asian Pond Turtle

Laos, Vietnam, Cambodia, Thailand and Peninsular Malaysia

VU - - Prov. Most probably occurring in upland tributaries and not in lake itself

- 5, WCS unpublished data

Hieremys annandalei

Yellow-headed Temple Turtle

Laos, Vietnam, Cambodia, Thailand and Peninsular Malaysia

EN Nearing extinction in Vietnam, greatly reduced in Laos and low in Thailand

- Conf. Exploited to brink of extinction in TS, highly aquatic species

TS 5, WCS unpublished data

Malayemys subtrijuga

Malayan Snail-eating Turtle

Laos, Vietnam, Cambodia, Thailand, Malaysia and Indonesia

VU Vietnamese population very low

- Conf. Huge numbers being harvested, population expected to crash within a few years, highly aquatic species


Ophiophagus hannah

King Cobra Ranges throughout Southeast Asia and also inhabits India and Southern China

- - II Conf. TS WCS unpublished data

Pelochelys cantorii

Cantor’s Giant Soft-shell

India, Bangladesh, Myanmar, Thailand, Laos, Cambodia, Vietnam, Malaysia, Indonesia, Philippines and Papua New Guinea

EN Vietnamese population probably extinct, Lao and Thai populations nearing

- Prov. Tonle Sap is good habitat but no verified records (only few records from Cambodia)

- 5, WCS unpublished data

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extinction

Varanus salvator

Water Monitor

Sri Lanka through Southeast Asia to the Moluccas

- - II Conf. BC, PT, SS

17, WCS unpublished data

FISHBalantiocheilos melanopterus

Bala Sharkminnow

Ranging from Indonesia to Cambodia and Thailand

- Extinct in Thailand

- Conf. Should be put on IUCN Red List according to Rainboth (1996)

- 19

Chitala blanci Royal Featherback

Mekong River endemic

NT - ? Conf. Not considered (by the Cambodian Department of Fisheries) as threatened at national level

TS 12,19

Catlocarpio siamensis

Giant Barb Known from large rivers and seasonally in canals and floodplains of Chao Phrya and Mekong.

- - Proposed II

Conf. Sharp decline in Cambodia and rare in Tonle Sap Lake and River. Caught in small numbers in bagnets along the Tonle Sap River close to Phnom Penh, when migrating out of the TS

12,13,19

Chela caeruleo-stigmata

Leaping Barb

Chao Phrya River and Lower Mekong

CR - ? Prov. Common resident of the flooded forest of the Lower Mekong in the early 1950s

- 19

Dasyatis loasensis

Mekong Freshwater Stingray

Mekong River endemic known from large rivers

EN - ? Hist./Prov. One unconfirmed report from the lake, Tonle Sap River is probably more suitable habitat but probably extirpated

- 19

Datnioides microlepis

Finescale Tigerfish

Proposed II

Hist. - 19

Pristis micodon Largetooth EN - ? Hist. No records in Tonle Sap - 19

29


sawfish for decadesPangasianodon gigas

Mekong Giant Catfish

Mekong River endemic known from large rivers

EN - Proposed II

Conf. Sharp decline and very rare in Tonle Sap Lake and River. Are caught in small numbers (together with Giant Barb in bagnets along the Tonle Sap River close to Phnom Penh, when migrating out of the Tonle Sap

TS 1,12,13,19

Tenualosa thibaudeaui

Loatian Shad

Mekong River endemic

EN - Conf. Largest individuals are found in the Tonle Sap Lake. Migrates from Tonle Sap Lake to Khone Falls

- 19

Puntioplites bulu

- In large lowland rivers and lakes from Indonesia to Cambodia and Peninsular Thailand

- - - Conf. Previously common in Tonle Sap but precipitous decline makes it a candidate for listing by IUCN

- 19

Probarbus jullieni

Julien’s Golden Price Carp

Originally distributed from Thailand and Cambodia to Malaysia, although it no longer inhabits much of its former range

EN Extirpated from rivers in Thailand

Proposed II

Conf. - 1,12,19

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Global Threat Categories (IUCN Red List for Lao PDR, Cambodia and Vietnam, November 2000)

CR (Globally Threatened – Critical): The species faces an extremely high risk of extinction in the wild in the immediate future.EN (Globally Threatened – Endangered): The species is facing a very high risk of extinction in the wild in the near future.VU (Globally Threatened – Vulnerable): The species is facing a high risk of extinction in the wild in the medium-term future.DD (Data Deficient): A species for which there is inadequate information to make a direct, or indirect, assessment of its risk of global extinction in the wild. This category does not imply that the species is certainly Globally Threatened, and further data could show that the species is presently secure globally.NT (Globally Near-threatened): The species is close to qualifying for Globally Threatened – Vulnerable.

Regional Threat Category

Birds: Based on Duckworth et al. (1999) for Lao PDRBased on Round (2000) for Thailand

Mammals: Based on Duckworth et al (1999) for Lao PDRTurtles: Based on Tana et al. (2000), van Dijk (2000), Platt (1999)Fish: Based on Rainboth (1996)

CITES Trade Categories

I (Appendix I): Species threatened with extinction that are or may be affected by trade. Trade in specimens between parties is only authorized in exceptional circumstances (such as import and export of specimens for scientific purposes).

II (Appendix II): Species which although not necessarily now threatened with extinction may become so unless trade in specimens is subject to strict regulation in order to avoid over-utilization. Species may also be listed in Appendix II because of their similarity to more threatened species, as an aid to enforcement. Commercial trade in wild specimens listed on Appendix II is permitted between members of the convention, but is controlled and monitored through a licensing system.

III (Appendix III): Species for which trade in wild specimens is permitted, but for which in certain CITES signatory countries requires appropriate regulation and documentation.

Locations: KK: Krous Kraom (Southern Kompong Thom Province), ATT: Ang Trapeang Thmaw, (Bantey Meanchey Province), C: Chikreng District (Siem Reap Province), PT: Prek Toal core area, (Battambang Province), BC: Beoung Chmar core area (Kompong Thom Province), MK: Moat Khla (Kompong Thom-Siem Reap border), DR: Day Roneat (Pursat Province), SS: Stung Sen (Kompong Thom Province), SC: Stung Chinit (Kompong Thom Province), TS: Tonle Sap floodplain

References: 1. Salter (1993), 2. Sinara (1998, pers. comm.), 3. Mundkur (1995), 4. Cargill (1997) 5. Holloway (1998), 6. Goes (2000), 7. WI (1996), 8. Briggs (1998), 9. FAO/UNDP/GEF (2001), 10. Parr (1996), 11. Goes (1998), 12. Chanrithy (1999), 13. Hogan (2000), 14. Saint Girons, (1972), 15. Veasna, (1999), 16. Stuart (2000), 17. MRC/UNDP (1998), 18. Goes (2001), 19. Rainboth (1996), 20. Tana (1999), 21. Carr (1993)

31


Annex 2G: Full incremental costs matrix

The estimated incremental cost of the project is US$ 22,680,830. Activities accruing global benefits, and for which UNDP-GEF funds are requested, are costed at US$ 2,997,800. Of the remainder, an Asian Development Bank Loan of US$ 15,132,000 will be used to cover activities deriving mostly national benefits. Further ADB support for fisheries reforms will be in the form of a nonlending TA to the RGC amounting to US$ 393,000 and additional co-funding of US$ 627,030 will be available via the UNDP-Capacity 21 program for assisting community fisheries officers, training staff and environmental education, and US$ 200,000 from the Wildlife Conservation Society for biodiversity monitoring and management at Prek Toal. The RGC contribution is calculated at US$ 3,331,000 and will mainly be in the form of in-kind support for infrastructure development, staffing, recurring and operational costs during the five years of the Project.

Baseline Alternative Increment

Global benefits The Tonle Sap has been declared as a global Biosphere Reserve under UNESCO’s Man and Biosphere Program. Despite this, the loss of globally significant biodiversity (GSB) within the Tonle Sap continues due to a) over-exploitation pressures on all its natural resources (particularly flooded forests, fisheries and wildlife), as well as factors such as encroachment and land clearance, and the impacts of exotic species. To a lesser degree, siltation and water pollution also pose a threat. RGC efforts to conserve GSB within the TSBR core areas is limited, operational budgets and staff capacities remain low. Efforts to increase knowledge and education levels amongst stakeholders are fragmented and general awareness of the global values of the TSBR are low.

Enhanced biodiversity conservation of the core areas of the TSBR is firstly achieved by support for management units and building of appropriate capacity in the PAMs and CAMs. Mechanisms to assess additional important zones for GSB will capture global benefits outside the core areas will also contribute. Secondly, systems for monitoring and managing of biodiversity will allow improved management of GSB, control of threatening exotics and improved enforcement for core areas. Alternative income-generation programs for communities that have direct threatening impacts on GSB will also be demonstrated. Lastly, an holistic environmental education and outreach program targeting GSB will ensure that stakeholders’ perceptions of the values of GSB and the TSBR are enhanced.

Longer term conservation benefits for globally significant biodiversity inside and outside of the core areas of the TSBR.

32



Domestic benefits At the national-level, the TSBR Sec. within the CNMC will co-ordinate and manage inter-Ministerial activities within the TSBR.

Communities living in the TSBR rely heavily on natural resource exploitation, especially fisheries, fuel wood and wildlife) and there are few opportunities for alternative livelihoods and investments in other sectors to decrease this pressure. Decentralisation and empowerment of communities is in its infancy & mechanisms such as Seila have yet to have major impacts in the TSBR. National-level reforms in the fisheries sector in particular are changing the ways in which fisheries are managed in the TSBR and the establishment of the CFO offer scope for better CBNRM in this sector.

Domestic benefits for the TSBR will be enhanced through strengthening NRM co-ordination and planning by the TSBR Sec. and CNMC. This includes, further policy reform to support better CBNRM (particularly fisheries) facilitated, enhancement of the CFO, best practice land use rules implemented and land and resource rights agreed and demarcated on the ground.

In a participatory way, communities within the TSBR will be organised for NRM and NGOs will be mobilised to support them. Appropriate technical packages will be used to demonstrate promotion of sustainable fisheries, aquaculture, agro- and community forestry and down-stream processing of natural resources, to enhance national values and benefits of the TSBR resources.

Natural resources within the TSBR are managed sustainably for future generations.

Improved socio-economic condition for TSBR communities that are dependent on biodiversity and natural resources.

33


Components, Outputs, and Activities Baseline Alternative Increment

Strengthening Natural Resource Management Coordination and Planning for the TSBR

1.1 Coordination framework and information dissemination mechanisms are established

1.1.1 Strengthen the Tonle Sap Biosphere Reserve Secretariat's structures and facilities1.1.2 Create in the TSBR Secretariat capacity to address legal and coordination issues in the TSBR1.1.3 Develop common policy objectives for management of TSBR resources and core areas1.1.4 Develop a TSBR Environmental Information Database (TSBR-ED) for the management and development of the Tonle Sap1.1.5 Formulate and implement a national environmental education campaign

Sub-decree for the establishment of the TSBRS is approved and the ‘new’ Secretariat is based at CNMC. The current TCU within MoE is absorbed into the TSBRS and UNESCO continue to support the general operational and staff costs. Legal and Policy Unit within TSBRS established. Secretariat has the mandate to ‘manage’ the TSBR but it’s institutional and technical; capacity remains weak. Management of the TSBR and its resources continues in an ad hoc and uncoordinated manner.

Ca. USD 200,000 (UNESCO / RGC)

CNMC provides the fulcrum for management and co-ordination activities within the TSBR and it’s programs dove-tail with those of the new Secretariat. A common policy objective for the management of the TSBR is developed and agreed by all stakeholders and becomes the template for Project activities. The TSBRS becomes a clearing-house for TSBR data and information and information sharing mechanisms are implemented widely (TSBR-ED). Public awareness and perceptions of the TSBR are built through active campaigns.

USD XXXX

USD XXX

Of which:ADB Loan: USD 1,581,000

RGC funds: USD XXX

34


Components, Outputs, and Activities Baseline Alternative Increment

1.2 Best-practice land use rules and guidelines are identified and demarcation is carried out

1.2.1 Identify best-practice land use rules and guidelines for the flooded forest and adjacent agricultural areas1.2.2 Demarcate boundary between the flooded forest and agricultural lands1.2.3 Produce land use plans and maps1.2.4 Develop methodology to define resource tenure rights of communities in state-owned land

No clear policy and planning framework for the use of natural resources such as land, forests and fisheries within the TSBR. Demarcation of the land-use and resource rights is inadequate to prevent illegal encroachment and activities. On-going programs such as the WB “Land Policy and Management Project” and the APIP provide some foundation for activities within the TSBR, but lack of focus on the flooded forest-agricultural land boundary will lead to further erosion of this important habitat type and losses of biodiversity.

Ca. USD 1,250,000 (WB projects and MLMUPC Land Management Program)

Best practice land use rules and guidelines are developed in a consultative and participatory manner. These result in clearly demarcated and agreed boundaries within the TSBR and local stakeholder-driven land use management plans. Agricultural encroachment into the flooded forests declines and biodiversity populations remain in core areas and buffer zones throughout the TSBR.

USD XXXX

USD XXX

Of which:ADB Loan: USD 879,000

RGC funds: USD XXX

1.3 Policy and capacity to support community-based natural resource management are developed

1.3.1 Build the capacity of the DOF Community Fisheries Office (CFO) 1.3.2 Amend Fisheries Law subdecrees to facilitate community-based fisheries management1.3.3 Disseminate at the province-level the common policy objectives for management of TSBR resources and core areas developed by the TSBR Secretariat.1.3.4 Establish standards and guidelines for preparation of community and commercial fisheries management plans

Reform in NRM legislation (and in particular fisheries laws) proceeds in an ad hoc way and there is little in the way of common policy objectives for NRM. The capacity to implement new legislation remains weak, despite the creation of the CFO within DoF. The CFO has little capacity to facilitate the establishment of the necessary partnerships between the RGC and the local people. Illegal fishing activities and mis-management of natural resources continues to threaten biodiversity throughout the TSBR.

Ca. USD 330,000 (RGC fisheries reform)

A well managed CFO builds partnerships between the resource users (locals) and the resource managers (DoF) resulting in better management of the natural resources. A technical support team (comprised from local NGOs and others) assists the CFO on maintaining partnerships. The legal framework for fisheries reform is formalised and the new Fisheries Law and supporting legislation is approved. Consultative processes at the very local level contribute to the dissemination and public availability of information on rights and laws and a consultative five-year TS management plan is implemented.

USD XXX

USD XXX


ADB Nonlending TA:USD 393,000

UNDP-Cap21: USD 328,600

RGC funds: USD XXX

35



Organizing Communities for Natural Resource Management in the TSBR

2.1 Coordination framework for community-based natural resource management is developed

2.1.1 Select service provider2.1.2 Prepare methodology for community organization2.1.3 Establish Project Implementation Units (PIUs) in the five Project provinces2.1.4 Establish Provincial Natural Resource Management Committees (PNRMCs) 2.1.5 Implement training program for staff of relevant provincial line agencies

The FAO Project for “Participatory Natural Resources Management in the Tonle Sap Region” continues for Phase 3 (until 2003) and possibly beyond. The third phase trials CBMRN within fishing communities and operates at the local levels. The focus of the project remains limited and the capacity of staff to expand activities beyond Siem Reap and Battambang remains limited. Whilst good results are expected the scale of the results will be limited.

Ca. USD 750,000 (FAO Phase 3)

An expanded FAO type program for CBNRM is operational with adequate staffing and capacity to cover all 5 Project Provinces. Project Implementation Units will be operational at the local level. Between 40-48 fisheries and forestry communities are organised to enable local level inputs to Provincial Natural Resource Management Committees.

USD XXX

USD XXX



RGC funds: USD XXX

2.2 Communities are empowered to manage natural resources

2.2.1 Develop a selection process to identify and prioritize communities for organization2.2.2 Conduct community organization 2.2.3 Review boundaries and define community resource rights2.2.4 Support development of community natural resource management plans2.2.5 Mobilize NGOs to support community-based natural resource management

Development of community management of natural resources will increase following the decentralisation process and better organisation of commune councils. Seila mechanism likely to increase remit around TSBR. Phase 3 of the FAO Project will clarify community resource rights in some areas. NGOs will continue to work with communities on an ad hoc basis.

Ca. USD 750,000 (FAO Phase 3)

Community organisation and empowerment will continue increasing due to the general trend of decentralisation and through mechanisms such as Seila. Natural resource management committees will be organised and actively networking around the TSBR, resulting in NRM agreements and plans and clarification of boundary issues. Up to 60 fisheries communities and 20 forestry communities will be developed in each Province.

USD XXXX

USD XXX


RGC funds: USD XXX

36



2.3 Technical packages in support of sustainable livelihoods are demonstrated

2.3.1 Identify, develop, and promote technical packages based upon NRM2.3.2 Investigate and demonstrate opportunities for value adding of fishery and other products, based on analysis of financial, management, and marketing aspects

Communities continue to rely heavily on natural resources as a source of income. Unsustainable harvesting and management of fish and wood in particular reduces overall resources, their values and eventually leads to system failures. Additional impacts on other species result leading to localised extinction and population decreases for many species.

Ca. USD 100,000 (RGC)

Sustainable fisheries, aquaculture, agroforestry, and community forestry practices are demonstrated throughout the TSBR. Barriers to unsustainability are removed through increased opportunities for value-added, down-stream processing and marketing of fisheries and forestry products. Pressures on natural resources are reduced and pressure on exploitation of wildlife in core areas is reduced.

USD XXX

USD XXX


RGC funds: USD XXX

ADB Project management USD nil USD 486,000 USD 486,000


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Building Management Capacity for Biodiversity Conservation in the TSBR

3.1 Capacity for management of biodiversity in the core areas is enhanced

3.1.1 Establish and equip Protected Area Management Units (PAMs) and Core Area Management Units (CAMs) 3.1.2 Demarcate core areas and develop overall core area and buffer zone management plans 3.1.3 Institute a process for periodic assessment of potential additional core areas within the TSBR3.1.4 Develop and implement staff training in protected area management

DNCP-MoE and WPO-MAFF have limited technical and management capacity to deal with issues relating to wildlife and ecosystem protection in the TSBR. Core areas continue to be managed by fish lot operators and control over exploitation of wildlife and other resources is limited. Management plans and strategies are lacking and core areas are poorly defined. Other areas of importance for wildlife in the TSBR remain un-managed and un-protected for their global biodiversity benefits.

Ca. USD 280,000 (RGC and Ramsar SGF for Boeng Chhmar)

PAMs in the Provincial centres at Battambang and Kompong Thom enable overall coordination of protection and management. Core area management and protection is strengthened by greater presence of staff in these areas due to development of CAMs and implementation of management plans. Additional areas with high biodiversity presence are added to the TSBR network of core areas and all these areas (core areas, fish sanctuaries, etc) are collectively demarcated and agreed upon.

USD 1,847,800

USD 1,567,800

Of which:UNDP-GEF: USD 1,176,800

ADB Loan: USD 171,000

RGC funds: USD 220,000

3.2 Systems for monitoring and management of biodiversity are developed

3.2.1 Design and implement a biodiversity monitoring system for the TSBR 3.2.2 Establish a rapid response mechanism for seasonal protection of key biodiversity.3.2.3 Develop a strategy for the control of exotic species and conduct management trials3.2.4 Develop and implement a strategy to enforce laws and regulations in and around core areas

Wildlife protection and ecosystem management by the DCNP-MoE and WPO-MAFF continues with limited support and capacity. WCS continue to support capacity building of RGC staff and focus activities on monitoring biodiversity in the TSBR the protection of waterbird colonies at Prek Toal. Despite these initiatives, wildlife species and important habitats within the TSBR continue to decline and the global biodiversity values of the TSBR will erode.

Ca. USD 300,000 (RGC and WCS)

Core area and other important habitats within the TSBR are monitored annually. Results feed in to the TSBR-ED and are used directly for management decision-making. Enforcement programs effectively protect biodiversity in the core areas. Special attention is paid to protection and management of waterbird breeding colonies resulting in higher breeding successes and increases in globally significant species. For the first time the effects of selected exotic species on biodiversity are monitored and demonstrations of management solutions are tested.

USD 1,391,300

USD 1,091,300

Of which:UNDP-GEF: USD 702,300

WCS: USD 200,000


38



3.3 Biodiversity conservation awareness, education, and outreach are promoted

3.3.1 Develop and implement Environmental Awareness, Education, and Outreach Program (EAEOP)3.3.2 Provide floating education centers3.3.3 Integrate EAEOP into selected schools around the TSBR

Small-scale environmental education programs, supported by international NGOs and projects, continue throughout the TSBR. Schemes such as the FAO-GECKO and the Osmose schools project have a good effect, building knowledge amongst local stakeholders and visitors. But, there is little co-ordination of wider activities and a limited scope. Involvement of schools remains limited.

Ca. USD 200,000 (FAO-GECKO / Osmose)

For the first time a coordinated strategy for environmental education and outreach is implemented in the TSBR. The EAEOP includes village outreach programs, implemented through floating education centres and integration into the MOEYS “cluster schools” program. Targeting villages in and around core areas, appreciation of the global values and benefits of biodiversity result in lower rates of illegal use and encroachment and thus have direct benefits for GSB.

USD 1,038,330

USD 838,330




Project management and review The TSBR Sec. coordinates and manages activities by the various line Ministries within the TSBR. There is no project management office focusing on management of globally significant biodiversity within and around the core areas. Little or no international TA is available to the TSBR Sec. And capacity within the Secretariat remains limited.

USD nil

A fully operational PMO within the TSBR Sec. The PMO shares management staff with the TSBR Sec. and provides the necessary staff to oversee the extra burdens associated with NEX execution and reporting. The capacity of TSBR Sec. staff to manage projects is enhanced and the PMO is eventually absorbed into the TSBR sec. following the completion of the project.

USD 599,500

USD 599,500



39



TOTALS Ca. USD 4,160,000 USD XXXXXX USD 22,680,830


ADB Nonlending TA:USD 393,000

UNDP-GEF: USD 2,997,800

UNDP Cap-21: USD 627,030

WCS: USD 200,000

RGC: USD 3,331,000

Note: All ADB and RGC financial inputs are based on the MoU on Loan Fact-finding of the Asian Development Bank for the Tonle Sap Environmental Management Project, 13 March 2002, and are likely to change.

40

Annex VII – Threats analysis

Annex 2H: Confirmation letters of co-financing amounts

41


Annex 2I: Analysis of threats to biodiversity and sustainable natural resource use in the Tonle Sap

A. Introduction

The Tonle Sap or Great Lake is possibly the most important inland wetland remaining in South-east Asia. Not only does it support huge numbers of people (through its enormous fisheries productivity and water supply), but also provides the last refuges for some of Asia’s most globally significant biodiversity. Much of this global biodiversity significance has only come to light in recent years, following decades of insecurity and seclusion due to its remoteness and lack of governance. But as the Tonle Sap becomes more “open”, human population and development pressures are increasing and significant losses of biodiversity are already being observed. The Government of Cambodia is making strides to halt this decline, through an ambitious program of reform in the fisheries sector and developments such as the implementation of UNESCO Man and Biosphere Reserve status for the lake and its inundation zone. Building on this foundation the joint UNDP-GEF and ADB intervention is timely, as it presents a unique opportunity to halt the decline in biodiversity and ensure that one of Asia’s last remaining macro-scale wetlands is managed and utilized in a sustainable way.

The Threats Analysis Process

Three primary methods were used to determine the immediate threats to biodiversity, and analyze their underlying and root causes, within the geographical scope of the Tonle Sap.

Literature reviews and assessments of documented problems and issues relating to management and conservation of the Tonle Sap, based on recent biodiversity surveys and the results of past and current projects.

Consultations with stakeholders at the national, provincial and local levels were held throughout the project formulation. These involved all relevant sectors (Government and non-government) and were targeted to focus on local level problems associated with implementation of the Tonle Sap Biosphere Reserve (TSBR) and institutional and implementation issues. A detailed review of the threats analysis was made as part of the consultation process.

Field work and observation of the TSBR core areas was used to identify some of the direct threats to biodiversity and ecosystems.

Field observations and fact-finding visits were targeted at the communes, villages and fishing lot operators in and around the TSBR designated core areas of Prek Toal, Boeng Chhmar and Stung Sen. In addition, local government and NGO representative were involved in project formulation workshops.

UNDP-GEF project formulation determines that sound project design should be based on removing the root causes to identified threats. To facilitate project design a conceptual model was developed in which the immediate threats to biodiversity were identified and an analysis made of both the direct impacts of these threats on the biodiversity and the underlying and root causes of each.

This is presented below, along with a discussion of each and a summary of the proposed project interventions that will address the root causes to “loss of biodiversity in the TSBR” (the Core Problem). The discussion is further expanded in the threats matrix at the end of this Annex.

42


Project Conceptual Model

Loss ofbiodiversity

in TSBR

Decline ofhabitat integrity

& plantdiversity

Loss of faunaspeciesdiversity

Loss anddegradation offlooded forest

& otherhabitats

Decrease infisheries

resources &fish diversity

Decline ofother wildliferesources,especially

birds, reptiles& mammals

Ÿ Uncontrolled hunting and collection of wildlife forfood and trade.

Ÿ Accidental release / escape of exotic faunaŸ Uncontrolled spread of exotic flora (eg. Mimosa

pigra)

Ÿ Intensive fishing pressures - 'virtual' fish sanctuariesonly, high levels of poaching, use of illegal methods,easy access

Ÿ Fishing lot system promotes maximum harvestrated

Ÿ Cutting for fuelwood, construction materials, fishinggears

Ÿ High domestic and industrial demand for cheap,locally available fuel wood and charcoal

Ÿ No alternative fuel supply

Ÿ Increasing demands for agricultural land -conversion pressures

Ÿ Dry season burning: accidental and for huntingŸ Large-scale seasonal movements by migrants into

system

COREPROBLEM

IMMEDIATETHREATS UNDERLYING FACTORS INTERVENTIONS

Over-exploitationof forest

resources

Encroachment &land clearance

Over-exploitationof fish resources

Exotic speciesimpacting onnative flora &

fauna

Over-exploitationof wildliferesources

DIRECTIMPACTS ROOT CAUSES

Ÿ Increasing resource needs of an increasing humanpopulation

Ÿ Weak policies and laws on land use rights and tenureŸ Perception of low values and open rights over 'common'

resourcesŸ Few examples and incentives for establishing and

managing resources sustainably - lack of alternativeoccupations and demonstrations of buffer zonemanagement

Ÿ Increasing resource needs of human populationŸ Weak regulatory framework for fisheries management -

poor security over tenure to fishing areas and resources,weak judicial system, no monitoring systems, low levelsof awareness, high levels of conflict

Ÿ Poor enforcement of fisheries laws and policies - lowtransparency, corruption, under-capacity

Ÿ Few examples and incentives for establishing andmanaging fisheries resources sustainably - lack ofalternative options

Ÿ Lack of awareness of need to control and manage allexotic species

Ÿ High economics returns from farming of exotic wildlifespecies (eg. fish, crocodiles) - no incentives to stop

Ÿ No eradication procedures or management programs forany exotic species

Ÿ Regional poverty and lack of food security - fewalternative food sources and cultural norms

Ÿ Economic incentives and high demands in foreignmarkets for some wildlife species (for medicine and otheruses)

Ÿ Lack of wildlife protection regulations: Nationally (e.g.Wildlife Protection Law in draft stage) and internationally(e.g. CITES not ratified)

Ÿ Low levels of awareness regarding need for biodiversityconservation, low literacy rates

Strenthening of NRMcoordination &

planning in TSBR(Output 1.1)

Coordination frameworkfor Community-

based NRM in TSBR(Output 2.1)

Empowerment of communitiesto manage resources

(Output 2.2)

Support and developmentof sustainable livelihoods

in TSBR (Output 2.3)

Enhancement of capacityfor biodiversity management

in core areas of TSBR(Output 3.1)

Development of systemsfor monitoring & managing

biodiversity (Output 3.2)

Promotion of biodiversityconservation awareness,

education & outreach(Output 3.3)

Alternativelivelihoods in/

around TSBR coreareas (Activity

3.2.5)

Program forcontrol &

management ofexotic species(Activity 3.2.3)

Support tocommunity-basedfisheries & NRM

(Output 1.3)

Developsustainable landuse practices &

demarcateboundaries(Output 1.2)

43


B. Immediate threats and an analysis of the underlying and root causes

Five immediate threats to biodiversity within the Tonle Sap were identified. These are:

1. over-exploitation of forest resources,

2. encroachment and land clearance,

3. over-exploitation of fish resources,

4. impacts of exotic species on native flora and fauna, and

5. over-exploitation of wildlife resources.

These immediate threats have a direct impact on a) the extent and degradation of flooded forests and other habitats, b) the quality and quantity of fisheries resources and fish diversity, and c) populations of other wildlife resources within the Tonle Sap. These impacts lead to decreasing habitat integrity and losses of species of fauna and flora and the overall “loss of biodiversity in the Tonle Sap Biosphere Reserve” – which defines the core problem to be addressed by the UNDP-GEF project intervention.

The underlying factors and root causes of each immediate threat are outlined below:

Although changes in water quality and siltation rates have occurred, their present impact on globally significant biodiversity appears to be less important than the aforementioned threats, and these are not being directly targeted by UNDP-GEF. There has been an increase in domestic waste, untreated industrial effluents, use of agrochemicals, and discharges and spillage of oil and fuel. However, monitoring programs (e.g. funded by FINNIDA) indicate that the general level of pollution is fairly low at present, although some problems exist locally, such as in and around floating villages. Although sedimentation levels may be locally very high (e.g. at Snoc Trou), this is relatively insignificant (in the order of several millimeters per year) when viewed from a lake-wide perspective, and much of the incoming sediment is resuspended and subsequently flushed out of the system. An in-depth, long-term study of these issues is being developed at present by the Environment Centre of the University of Manchester.

Immediate Threat 1: Over-exploitation of forest resourcesProbably the most important (and threatened) natural habitat remaining within the Tonle Sap floodplain is the inundated or “flooded forest” zone. This generally surrounds the Lake, and includes tall and mature gallery forests along some of the major rivers (particularly the Stung Sen), scrubby forests in the lower lying areas of the floodplain and scrub and grassland mosaic in some of the areas furthest from the lake shore. These habitats are critically important for the survival of most of Tonle Sap’s globally significant biodiversity. They provide habitat for nesting colonies of globally threatened waterbirds such as spot-billed pelican and greater adjutant stork, as well as many other species, and they are critical spawning, breeding and feeding areas for many fish species – driving much of the high fish productivity within the system.

These forests are also intensely exploited by the people of Tonle Sap, providing shelter and natural resources (fuel wood, charcoal and food – fish and wildlife) for lakeside villages throughout the year. Continuing loss and degradation of this flooded forest zone and other habitats will significantly affect the overall integrity of the Tonle Sap ecosystem and severely decrease its global significance for biodiversity, reduce fisheries production and deplete natural resource benefits for people.

45


Underlying factors driving these high levels of exploitation of forest resources have been identified as:

High domestic and industrial demand for cheap, locally available fuel wood and charcoal results in intensive (although non-systematic) cutting of forests for fuel wood. Fuel wood and charcoal remain the main source of energy for up to 97% of households nationally (and particularly in the rural areas). Significant industrial uses of fuel wood around the Tonle Sap include fish processing (with wood used for smoking/preservation), brick and tile production (where wood is used to fire the kilns) and palm sugar distillation (where wood fuels the distillation process). There are no real alternative (cheap and easily accessed) fuel supplies available to these people / industries and previous projects promoting fuel briquettes have failed.

The need for construction materials for houses and fishing gears, such as poles, fish traps, fish attraction structures (samras), fences, etc. also results in intensive seasonal cutting of the forests. Wood is considered as a free and easily available resource throughout the Tonle Sap and houses and poles need to be replaced every two to three years, so demand is constantly high.

Immediate Threat 2: Encroachment and land clearance

Besides the factors outlined above, flooded forests are also under intense pressure and immediate threat from human encroachment and the land clearance associated with it. Approximately 700,000 people live within the Tonle Sap inundation zone and many more migrate into the area during the dry season when competition for land resources is high. The major underlying factors driving encroachment and land clearance are:

Increasing demands for agricultural land has led to increasing pressure to convert forested areas to agricultural lands. This is particularly so in areas where access is easy and where the soils are suitable for rice and vegetable culture and the flooding regime is not too severe. In some areas (e.g., Siem Reap and Kampong Chhnang) the landward edge of the flooded forest zone has been significantly encroached for these purposes and signs demarcating the boundary of the “strictly protected fisheries domain” are high and dry in the middle of rice cultivation areas. In other areas, particularly in the higher areas of the river deltas (levees) small areas are cleared and burnt annually for dry-season vegetable growing (chamcar). On a larger scale, increased mechanization has enabled richer farmers to plough large areas of flooded scrubland during the dry season for floating rice and other cultivation.

Dry season burning is a more or less traditional activity where areas of vegetation are burned to gain easy access whilst hunting reptiles, particularly turtles, tortoises and snakes. Accidental wild fires may also result from land clearance activities and in some dry seasons natural burning (due to lightening strikes) may also occur, and may even be beneficial to the ecosystem. In Fishing Lot 3 in Kompong Thom a swathe of flooded scrub and grass (estimated at 5 km in length) was burnt during 1999/00.

Large-scale seasonal movements by migrants into the Tonle Sap system are economically driven due to a lack of dry season livelihoods in the uplands and the opportunities presented by exploiting natural resources within the Tonle Sap. As rural security improves, these seasonal movements are increasing and continue to compound the problems of over-exploitation of natural resources and competition for land and resources with the permanent villagers. These seasonal movements are probably based on traditional patterns, but in many cases it is the seasonal migrants that are blamed for forest clearance and burning. Local authorities have little control over the activities of transient migrants.

The major root causes of immediate threats 1 and 2 are focused around the increasing resource needs of an increasing human population within the Tonle Sap basin. These needs are compounded by the following factors:

46


Weak policies and laws on land use rights and tenure , where many of the permanent villagers have no land use rights and tenure and there is no transparent process for defining land use rights and tenure. In general, there is rural landlessness throughout Cambodia, with over 80% of land under State “ownership”. Few local livelihood options are available within the Tonle Sap and rural communities have no option but to clear forests for agricultural land and exploit natural resources as no other areas are available and security of tenure over resources is weak.

Perception of low values and open rights over ‘common’ resources , particularly amongst the poorer villagers and transient migrants

Few examples and incentives for establishing and managing resources sustainably . Huge demands for forest products (particularly domestic and industrial fuelwood) will continue as long as there are few alternatives available and no transparent policies for community use and management of remaining forests. Secure tenure over natural resource rights, effective controls over illegal activities and alternative occupations and demonstrations of buffer zone management need to be enhanced.

Clarification of boundaries between the TSBR transition and buffer zones through land use and zoning plans will be supported by activities to register land titles along the perimeter of the buffer zone (Project Sub-Objective 1.2). Support for an enforcement program for the sustainable management and use of resources (Project Sub-Objective 3.2) and pilot testing of alternative, sustainable livelihood projects and restoration demonstrations (Project Sub-Objectives 2.3 and Output 3.2.5) will relieve encroachment pressures on the buffer zone.

Immediate Threat 3: Over-exploitation of fish resources

The Tonle Sap fishery is critically important to the Cambodian economy and for the daily protein needs of a huge amount of the population. It is estimated that the annual harvest of fish from the Tonle Sap (about 230,000 tons) is equivalent to about half of the country’s total fish production and accounts for about 70% of all fish consumed in Cambodia. The fishery supports livelihoods for about a million people. The Mekong river and the Tonle Sap support a very high diversity of fish (over 300 species of fish are recorded), which includes critically endangered species such as the Mekong giant catfish. Migratory species (termed ‘white’ fish) enter the Tonle Sap from the main river during the period of flooding, using the flooded forest as spawning, feeding and nursery areas before migrating back to the main river prior to the dry season. Resident species, termed ‘black’ fish, also use the flooded forest to spawn and feed, and are the main components of the dry season catch, these include economically important species such as the snakeheads.

Over the last century the fishery has been managed using a system of Fishing Lot concessions, with an open season (Oct-May), closed season (June-Sept), varying degrees of public access allowed, and protected fish ‘sanctuaries’ established to conserve stocks and important areas. Despite these management initiatives, fishing pressure remains very high throughout the lake. Although catch levels remain fairly constant, data is unreliable, and the numbers of species of fish and relative sizes are known to be decreasing. Species such as the Mekong giant catfish are caught in small numbers each year and the impacts of this catch on remaining populations is unknown.

The continued and systematic over-exploitation of fish resources within the Tonle Sap is driven by a suite of underlying factors, including:

Very intensive fishing pressure throughout the Tonle Sap , particularly:

- Within the Fishing Lot system: The current network of Fishing Lots covers most of the high value fisheries areas of the Tonle Sap. Fishing Lot operators have relatively short-term leases (2-6 years) and employ experienced “master fishermen”, large teams of manual workers and a wide array of fishing gears and techniques to maximize off-take of fish. Sub-licenses and sub-sub-

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licenses are also sold to ensure maximum coverage and fishing pressure of the Fishing Lot. In some Fishing Lots, villagers are permitted access to “clean-up” the remaining fish in the final weeks of the open season. The current fishing lot system promotes maximum harvest rates and offers little incentives to ensure long-term sustainability of the resource.

- By fishing villages: Villagers around the Tonle Sap have traditionally been fishermen, as there are few alternative livelihoods and economic opportunities outside the fisheries sector. Although most of these villagers use small-scale or family-scale fishing gear, limited access to the restricted resource ensures that fishing intensity remains high.

- By seasonal fishers: During the “open” season transient migrants from upland provinces move to the Tonle Sap to exploit the fisheries resources. These populations are often in direct competition with resident fishing villages for access to limited fish resources (outside the Fishing Lots). Often illegal fishing techniques are used to maximize catch per unit effort and lead to direct conflicts with locals.

- On an industrial scale: Both within the Fishing Lot and using illegal techniques, such as trawling, outside the Lots involve the large-scale capture of fish for processing (salting and smoking).

- Poaching within fish sanctuaries: Eight fish sanctuaries have been established around the Tonle Sap. These are generally in the deeper water areas and were designed to provide a refuge for some species during the dry season, when water levels are lowest. There are no “closed” season fish sanctuaries to protect critical fish spawning areas. No fishing is allowed in the sanctuaries during the open season. In reality however, there is widespread poaching in the fish sanctuaries by villagers and seasonal fishers and they do not function as real sanctuaries.

- “Closed” season fishing throughout the Tonle Sap: During the high water period, many of the

fish species spawn. Over-exploitation during this period almost certainly has knock-on effects to fish recruitment rates in the following season.

- Widespread use of illegal fishing techniques: particularly the use of large trawl nets, electricity, pumping, fine mesh nets, closely spaced bamboo fences, poison/chemicals, dynamite and grenades. In many cases, restricted access and competition over rights of resource use drives the spiral of illegal fishing in the Tonle Sap. Illegal techniques are generally quick and efficient and ensure a fast economic return.

Throughout the Tonle Sap the increasing resource needs of an increasing human population are the ultimate root cause of most threats, the fisheries sector is a classical example of this. Despite recent Government initiatives to rationalize the management of Fishing Lots in Cambodia through legal and policy reforms, the main root causes of these threats continues to be:

A weak regulatory framework for natural resource management within the Tonle Sap, and within the fisheries sector in particular. This includes factors such as poor security over tenure to fishing areas and resources, a weak judicial system, low levels of awareness, and high levels of conflict.

There is the general perception that the bi-annual Fishing Lot auctions are not-transparent. Large sums of money change hands for the right to operate each Fishing Lot and lack of transparency in the auction process has resulted in wide-scale corruption and mistrust. There is an increasing need for credit which marginalizes lower income individuals and groups from the process. There is no audit process to review the suitability of potential Fishing Lot operators based on their previous management performance or practices and proven illegal activities. Additionally, tenure over Fishing Lot operation is perceived to be too short (usually 2 years) and without better security over resource use and fish yields risks are too high to expect sound and sustainable management.

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Timeframes for fisheries reform continue to be largely donor-driven. There is an overriding top down approach to drafting and consultation with a generally low capacity (or perception of the need) to discuss and disseminate information and ensure full stakeholder participation in the reform process. The new Fisheries Law has yet to be approved by the Council of Ministers and the entire reform process is driven by issuance of numerous, and often conflicting, sub-Decrees and prakas. This leads to uncertainty regarding enforcement and opportunities to by-pass the legal system.

Few examples and incentives for establishing and managing fisheries resources sustainably. Current fisheries management is focused on maximum harvest of the resources, and despite on-going efforts to promote community-based fisheries there remains a lack of alternative options to promote this approach. In 2001, although 57% of the fishing lot area in the Tonle Sap was released for “community fisheries” how such a policy will be implemented remains under discussion.

Poor enforcement of Fisheries Law and policies : There is limited knowledge of the numerous sub-Decrees and prakas relating to Fisheries Law at the ground level. Levels of literacy at the village level are often low and resulting knowledge of (and access to) the Law is poor. This is compounded by low salaries and motivation of government staff, a general lack of trust in these staff, a poor perception of how to implement laws, an overall weak judiciary, poor transparency, corruption and conflicts between local agencies and departments. This has led to numerous cases of conflict between the resource users (Fishing Lot operators, sub-licensees, villagers and migrants) and resource enforcers (Fisheries officers and local police) around the Tonle Sap. In particular:

- There is no enforcement of protection given to the eight Tonle Sap “fish sanctuaries” - these may be declared on paper but are considered a free resource by most stakeholders,

- Regular monitoring and enforcement patrols by the pertinent authorities is often lacking and levels of poaching are high,

- Fishing Lot operators have established private armed security and often take the law into their own hands (which has resulting in the death of poachers and trespassers),

- There is little punishment of offenders if caught by the authorities,- There are no public outreach and community awareness programs to increase levels of knowledge

and understanding over fisheries laws, resource use and sustainability issues.

The comprehensive review of the fisheries sector currently being undertaken within Cambodia will be supported by strengthening fisheries policies, particularly regarding the fishing lot auction system and new sub-decrees for fisheries co-management (Project Outputs 1.3.2 and 1.3.3). This will be further supported by management of TSBR Core Areas as Fish Sanctuaries (Project Output 3.2.4) and by demonstrating sustainable, community-based and/or commercial fisheries management systems within the TSBR (Project Sub-Objective 2.2). An enforcement program for the sustainable management and use of the TSBR (Project Output 3.2.4) will include focusing on fisheries management, and observing the sanctuary status of the Core Areas.

Immediate Threat 4: exotic species impacting native fauna and flora

In general, the long-term effects of exotic or introduced species on native fauna and flora and the local environment are negative. Whilst they may ensure some immediate economic gain (through farming or culture), in the long term, exotics usually escape from farms, out-compete native species for food and habitats, introduce diseases and change the ecological integrity of the environment. The impact of introduced, exotic species such as Chinese softshell turtle, Cuban crocodile, golden apple snail, Nile tilapia and common carp on the Tonle Sap are not well understood or researched, but it is believed to be a potentially major threat in the longer term.

Of more tangible and immediate concern is the observed spread of the noxious weed Mimosa pigra throughout the Tonle Sap basin in the last decade. Whilst it is not perceived to be a major problem at present, based on the situation in other parts of SE Asia and Australia it has the potential to negatively

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impact the flooded forest ecosystem and lead to the decline of fish and wildlife species. Water hyacinth, is also a locally common plant pest throughout villages, causing problems by blocking waterways and a health hazard, providing potential breeding areas for mosquitoes and bilharzia carrying molluscs.

The two main underlying factors behind the threat of exotic species on native fauna and flora are:

Accidental release / escape of exotic fauna , which usually result from farming or culture operations. This includes the “direct” impacts of escape on the Tonle Sap’s indigenous wildlife from species such as the Chinese softshell turtle (Pelodiscus sinensis). As well as the “indirect” impacts of hybridization of indigenous Siamese crocodiles with the farmed Cuban crocodile (Crocodylus rhombifer). Other less tangible impacts also probably occur from infestations of species such as the exotic golden apple snail, but its effects have yet to be researched. Aquaculture development in the Tonle Sap sub-catchment has led to an increase in accidental releases and escapes of exotic fish species into the natural system. In particular the Nile Tilapia Oreochromis niloticus and Common Carp Cyprinus carpio are known to occur. However, the effects of such introductions are not clearly understood, and at present are thought to be low as these species do not feature to any significant extent in fisheries catches.

Uncontrolled spread of exotic flora , and in particular the giant mimosa (Mimosa pigra) and water hyacinth (Eichhornia crassipes). Mimosa has increased significantly in the last 10 years and in some areas forms dominant stands where native flooded forest has been cleared or burned. This spread is uncontrolled and largely unmonitored. Anecdotal evidence suggests that mimosa-dominated areas are less productive for fish spawning and poor in others species too.

Although not a major threat at present, the root causes behind the release and escape of exotic fauna and the uncontrolled spread of mimosa have been identified as:

A general lack of awareness of the need to control and manage all exotic species , particularly with respect to their known negative long-term impacts.

High economics returns from farming of exotic wildlife species are a major incentive to invest in

this area. Ownership over the resource is guaranteed and potential returns on investment higher than wild harvest. Relatively small-scale farms for fish and crocodiles exist around the Tonle Sap and currently there are no incentives to review these facilities and impose regulations on the owners.

No eradication procedures or management programs for any exotic species currently exist in the Tonle sap system. Where financial and human resources are low, this area is considered to be a low priority amongst Government agencies, conservation NGOs and local communities.

A special program for control and management of exotic species will be developed (Project Output 3.2.3), identifying and targeting potentially problematic species, pilot testing management and promoting awareness and knowledge of the impacts of exotic species.

Immediate Threat 5: Over-exploitation of wildlife resources The national and global significance of the Tonle Sap for biodiversity conservation is well documented (see Annex 5). The unique forested wetlands within the inundation zone are the last remaining area of an ecosystem type once found throughout tropical Asia. The Tonle Sap was nominated as a UNESCO Man & Biosphere Reserve in 2000 (the Tonle Sap Biosphere Reserve TSBR) and the three most important areas for biodiversity conservation have been designated as “core areas”. These are, Prek Toal, supporting Asia’s last significant large water bird breeding colonies, the Boeng Chhmar feeding grounds for many of these birds, and the last remaining fragment of tall gallery forest along the Stung Sen river. In addition, there are several other areas around the TSBR which are of regional and national significance for biodiversity conservation.

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Despite these efforts, biodiversity within the Tonle Sap continues to be indirectly threatened by further degradation and loss of important habitats (see above). Compounding this is the continued and often illegal over-exploitation of wildlife resources within the Tonle Sap which is driven by a suite of underlying factors:

Uncontrolled hunting and collection of wildlife for food and trade , particularly:

- For food: Throughout the Tonle Sap wildlife resources continue to be an important natural resource for many people. A large proportion of the people hunt for their subsistence and many species of birds and reptiles in particular are targeted. Pressure on many of the nesting colonies of large water birds is high and during the breeding season nests are regularly raided for eggs and young birds. Turtles and tortoises also come under heavy pressure during the dry season when patches of vegetation are burnt to access the animals as they seek refuge and in the wet season many are caught as a fisheries by-catch. Such hunting is carried out by all sectors of the society, but perhaps the most hunting pressure comes from transient migrants from upland areas when they move into the TSBR during the dry season.

- For trade: Perhaps a more tangible and large-scale threat to biodiversity is the systematic hunting and collection of wildlife for local, national and international trade. Such trade involves live animals for pets, dead animals and parts for food, parts for medicines and other products (e.g., snakeskin) as well as live capture of species such as crocodiles for farming. Wildlife trade throughout the region is well organized, involving networks of suppliers and buyers targeting sought after species for the SE and NE Asian markets. As examples of the seriousness of this trade:

In early 2001, the large-scale plunder of eggs (amounting to at least 1,660 eggs), from the breeding colonies of spot-billed pelicans, oriental darters and cormorants in Battambang Province were documented. The above figure represents the haul from one boat alone, the contents of two other boats were not confiscated.

Large-scale trade in several species of water snakes (Enhydris spp.), including the endemic Tonle Sap watersnake (E. longicauda), for crocodile feed and export, is well also documented (Beale-Stuart et. al., 2000). During “peak” harvesting time up to 8,500 snakes per day are traded through Chhong Kneas port – this probably represents the largest exploitation of any snake assemblage in the world.

The ultimate root cause of much of this hunting and over-exploitation is the widespread regional poverty and a lack of food security for many people and communities. There are often few alternative food sources and hunting for wildlife has become a cultural norm even when other food is available. In many cases there are wider cultural norms operating that encourage the exploitation of wildlife for medicines, and much of the exploitation is done by sub-sets of the community, such as the children. These are off set by, and compounded with the following root causes:

Economic incentives and high demands in foreign markets for some wildlife species (for medicine and other uses) is widely documented throughout the region. The wildlife trade for traditional medicine and food creates a huge demand and has a very sophisticated supply network. It is believed that most of the wildlife caught for trade in Cambodia ends up in the mainland Chinese market. Whilst national and international protection regulations are either not in place or not enforced (see below) – there is little that can be done about such a root cause.

General lack of wildlife protection regulations : At the national level Cambodia still has no Wildlife Protection Law. A draft Law has been developed – but has yet to be approved by the CoM. As far as international regulations are concerned, although Cambodia is a “member” it has yet to officially ratify the Convention on International Trade in Endangered Species (CITES). This is in part due to a lack of capacity and awareness throughout the wildlife protection sector and the Wildlife Protection Office of the MAFF in particular. Although wider-scale enforcement has no legal basis it can still take place at the very local level, where line Ministries have jurisdiction over protected

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areas and resources (fish and wildlife). However levels of enforcement remain low due to low skills levels and capacities.

Low levels of awareness regarding need for biodiversity conservation, low literacy rates : There is a general perception amongst poor rural communities that wildlife resources are a common resource that can be exploited at will. The question of conservation or sustainable use of biodiversity is rarely asked and throughout both the public and Government sectors there remains a low knowledge and awareness of rarity and biodiversity conservation issues. Part of this problem is the lack of tools available for environmental education (within schools and communities), such as books and posters. On top of this, the basic laws and policies relating to wildlife protection are not generally available or understood (as literacy rates are low).

Alternative and sustainable livelihoods for rural communities within the TSBR based on natural resource management will be developed, promoted and tested (Project Sub-objective 2.3 and Output 3.2.5). The enforcement program for the sustainable management and use of the TSBR (Project Output 3.2.4) will focus on enforcing wildlife protection laws, meeting CITES regulations, and observing the sanctuary status of the Core Areas. The environmental awareness and outreach program will target increasing conservation awareness, appreciation of wildlife species, increasing knowledge and understanding of wildlife laws (Project Sub-objective 3.3).

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C. Summary Matrix: Root Cause Analysis of Threats to Biodiversity in the Tonle Sap, Cambodia

Immediate Threats

Underlying Factors Root Causes Proposed Interventions (Project Objectives and Outputs)

1. Over-exploitation of forest resources

Cutting for fuelwood, construction materials, fishing gears

High domestic and industrial demand for cheap, locally available fuel wood and charcoal (fuelwood is the main source of energy -used by 98% of households Nationally)

No alternative fuel supply

Increasing resource needs of an increasing population.

Weak policies and laws on land use rights and tenure:- Many of the permanent villagers have no land

use rights and tenure,- No transparent process for defining land use

rights and tenure. - Rural landlessness, with over 80% of land under

State “ownership”. - Few local livelihood options are available within

the Tonle Sap - Rural communities have no option but to clear

forests for agricultural land and exploit natural resources as no other areas are available and security of tenure over resources is weak.

Perception of low values and open rights over ‘common’ resources:- Particularly amongst the poorer villagers and

transient migrants- Convenient and cheap (free) source of materials- Burning is a fast and convenient way to clear

scrub and forest- Burning is an easy way to collect reptiles for

food

Few examples and incentives for establishing and managing resources sustainably:- Huge demands for forest products (particularly

The boundary between the TSBR transition and buffer zones will be clarified and established, by means of:- land use and zoning plans for the transition zone

of the TSBR (Output 4.1.1)- first registration of land along the perimeter of

the TSBR buffer zones, and demarcation of buffer zone boundaries (Output 4.1.2)

Sustainable livelihoods will be promoted by means of:- demonstrations of sustainable, community-based

fisheries management systems within the TSBR (Output 4.3.3)

- needs assessment with respect to NRM (Output 4.5.1)

- improved NRM training (Output 4.5.2)- formulation of specific projects for sustainable

livelihoods (Output 4.5.3), and pilot tests in demonstration areas (Output 4.5.4)

The enforcement program for the sustainable management and use of the TSBR (Sub-obj. 4.6) will be implemented in key areas and sectors within the TSBR (Output 4.6.2), and will help curb encroachment in the buffer zone.

Further degradation of forests will be addressed by means of a program for the sustainable management of flooded forest and other natural habitats at TSBR (Sub-obj. 4.2):

2. Encroachment and land clearance Increasing demands for

agricultural land – conversion pressures

Dry season burning: accidental and for hunting

Large-scale seasonal movements by migrants into system

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domestic and industrial fuelwood) will continue as long as there are few alternatives available and no transparent policies for community use and management of remaining forests.

- Insecure tenure over natural resource rights, - Ineffective controls over illegal activities- Few alternative occupations and demonstrations

of buffer zone management existing

- inventory of current and former areas of flooded forest will be identified, classified and mapped (Output 4.2.1)

- plans will be drafted for the protection and restoration of remaining natural habitats, with a special emphasis on flooded forests (Output 4.2.2)

- plans for the restoration of flooded forest are to be implemented (Output 4.2.3)

Sustainable livelihoods will be promoted by means of:- needs assessment and training with respect to

NRM (Outputs 4.5.1 + 4.5.2)- formulation of specific projects for sustainable


The enforcement program for the sustainable management and use of the TSBR (Sub-obj. 4.6) will be implemented in key areas and sectors within the TSBR (Output 4.6.2).

3. Over-exploitation of fish resources

Intensive fishing pressures due to:- ‘Virtual’ fish

sanctuaries only - declared but not enforced,

- high levels of poaching,

- use of illegal methods,- easy access

Fishing lot system promotes maximum

Increasing resource needs of an increasing human population

Weak regulatory framework for fisheries management – poor security over tenure to fishing areas and resources, weak judicial system, no monitoring systems, low levels of awareness, high levels of conflict

Poor enforcement of fisheries laws and policies – - Little punishment of offenders - Little respect for the Law (especially concerning

‘common’ resources)- Low salaries / motivation

Central to sustainable management of fisheries in the TSBR are:- reviewing and reforming the fisheries policies,

burden books for the fishing lots, and the fish lot tender system (Output 4.3.1)

- reviewing, reforming and issuing new sub-decrees for fisheries management (Output 4.3.2)

Both from a sustainable fisheries point of view, and for maintaining high fish species diversity, it is essential that the TSBR Core Areas are designated and demarcated as Fish Sanctuaries (Output 4.3.3)

The demonstration of sustainable, community-based

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harvest rates - Lack of knowledge of laws and policies (at all levels)

- Easy access and methods- Lack of trust in local authorities- No idea how to implement- Weak judicial system- Poor transparency- Weak co-operation between Ministries /

Departments

Few examples and incentives for establishing and managing fisheries resources sustainably – lack of alternative options

- Current fisheries management focused on maximum harvest of the resources,

- despite on-going efforts to promote community-based fisheries there’s few options to promote the approach.

- Over 50% of the fishing lot area released for “community fisheries” – implementation remains under discussion.

and/or commercial fisheries management systems within the TSBR (Output 4.3.4), by means of pilot projects, will provide models for sustainable livelihoods based on the fisheries resource.

The enforcement program for the sustainable management and use of the TSBR (Sub-obj. 4.6) will include focusing on fisheries management, and observing the sanctuary status of the Core Areas (Output 4.6.2).

4. Exotic species impacts on native flora and fauna

Accidental release / escape of exotic fauna

Uncontrolled spread of exotic flora (eg. Mimosa pigra)

A general lack of awareness of the need to control and manage all exotic species, particularly with respect to their known negative long-term impacts.

High economics returns from farming of exotic

wildlife species are a major incentive to invest in this area. Currently there are no incentives to review these facilities and impose regulation on the owners.

No eradication procedures or management programs for any exotic species exist in the Tonle sap system.

- considered to be a low priority amongst Government

A special program will be developed for the control and management of exotic species within the TSBR (Sub-obj. 4.4), which will consist of:- a strategy for control and management (Output

4.4.1)- management and control trials based on needs

assessment (Output 4.4.2)- An environmental awareness program will also

specifically target the issue of exotic species (Output 2.1.1)

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agencies, conservation NGOs and local communities.5. Over-exploitation of wildlife resources

Uncontrolled hunting and collection of wildlife for:

- wildlife trade (medicine and food)

- domestic food / parts (large scale collection of birds eggs, turtles)

- Pet trade- Farming- Medicines- Other products (snake

skins)

Regional poverty and lack of food security – few alternative food sources and cultural norms

Economic incentives and high demands in foreign markets for some wildlife species - Export to Chinese market for medicine and other

uses. Very high demands

General lack of wildlife protection regulations:- Nationally – Draft Wildlife Protection Law only- Internationally – CITES not formally ratified

Low levels of awareness regarding need for biodiversity conservation, low literacy rates.

- Why the need to conserve animals and plants?- Low / no knowledge / awareness of rarity and

biodiversity conservation issues- Laws and policies not generally available or

understood (literacy issues)

Sustainable livelihoods will be promoted by means of:- needs assessment and training with respect to

NRM (Outputs 4.5.1 + 4.5.2)- formulation of specific projects for sustainable


The enforcement program for the sustainable management and use of the TSBR (Sub-obj. 4.6) will include focusing on enforcing wildlife protection laws (Output 4.6.1), meeting CITES regulations, and observing the sanctuary status of the Core Areas (Output 4.6.2).

An environmental awareness program will target increasing conservation awareness, appreciation of wildlife species, increasing knowledge and understanding of wildlife laws (Output 2.1.1)

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Annex V – Legal & Policy Analysis

Annex 2J Legal and Policy Analysis

1. POLICIES

1.1 National Environmental Action Plan (NEAP)

1.2 Governance Action Plan (GAP)

1.3 Draft Second Socioeconomic Development Plan 2001 – 2005 (SEDP-2)1.3.1 Background1.3.2 SEDP-2 Governance Issues and Actions

1.3.2.1 Legal and Judicial System: Legal Reform1.3.2.2 Legal and Judicial System Strengthening1.3.2.3 Civil Administration and Deconcentration1.3.2.4 Decentralization and Local Governance1.3.2.5 Natural Resources Management – Land Management1.3.2.6 Natural Resources Management – Forestry Management1.3.2.7 Natural Resources Management – Fisheries Management

1.3.3 SEDP-2 and Sectoral Policies and Actions1.3.3.1 Community-based forestry and agroforestry1.3.3.2 Land Tenure and Titling1.3.3.3 Environmental Management and Conservation

1.4 Biodiversity Strategy and Action Plan

1.5 Fisheries Policy

1.6 Assessment of Policymaking

2. INSTITUTIONAL FRAMEWORK

2.1 National2.1.1 Cambodia National Mekong Committee2.1.2 Proposed Tonle Sap Biosphere Reserve Secretariat

2.1.2.1 Information Clearing House2.1.2.2 Public Awareness and Mobilization Campaign2.1.2.3 Development of Long-Term Revenue Sources

2.1.3 Ministry of the Environment2.1.3.1. Biodiversity, through Protected Area Management

2.1.4 Ministry of Agriculture, Forestry and Fisheries2.1.4.1 Fisheries2.1.4.2 Forests2.1.4.3 Agriculture

2.2 Sub-national

2.3 Regional

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3. LAW

3.1 International Obligations

3.2 National Laws3.2.1 Overview of Existing Laws

3.2.1.1 Environment Laws3.2.1.2 Fisheries Laws3.2.1.3 Forestry Laws3.2.1.4 Land Laws3.2.1.5 Tourism

3.2.2 Provincial – Municipal Laws3.2.2.1 Agriculture, Forestry and Fisheries3.2.2.2 Environment3.2.2.3 Rural Development3.2.2.4 Wetland Natural Resources – Community Management3.2.2.5 Provincial/Municipal Authorities – Competence

3.3 Overview of Draft Laws3.3.1 Environment – TSBR Secretariat3.3.2 Fisheries3.3.3 Forestry Law3.3.4 Wildlife Protection Law3.3.5 Land Law3.3.6 Law on Water Resources Management

3.4 Preliminary Assessment of Weaknesses in Existing Legal Framework

3.5 Coordinated Reform

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1. POLICIES

Conservation of biodiversity and management of natural resources are most appropriately guided by policies, which then form the basis for a legal and regulatory framework. Development of the framework, and implementation and enforcement of the laws then becomes the responsibility of the relevant institutions.

If no policy exists before laws and regulations are structured, there is a danger that the laws will serve institutional needs, rather than environmental realities. For this reason, policies need to take into account all relevant sectors and institutions, but even more importantly must be based on broader national considerations relating to governance and socioeconomic conditions.

Currently, important national governance and socioeconomic considerations are: the organization of commune elections to be held in early 2002 with a view to promoting decentralization and strengthening democracy at the grassroots level; public administrative reform; military demobilization; and good governance in the public, corporate and NGO sectors. The RGC has proposed a “New Social Policy Agenda” for Cambodia, where growth is based on a “pro-poor” approach. Consequently,

“we are pouring a large proportion of our budget into the priority sectors of education, health, agriculture and rural development….We are accelerating the adoption of a new Land Law to prevent land eviction of the poor by the rich and powerful. We are reducing the size of official fishing lots to improve access by the poor to fisheries resources. We are cracking down on illegal logging to improve collection of timber royalties…1

In Cambodia, there has been some progress in developing national environmental policies in the context of the National Environmental Action Plan (NEAP), the Governance Action Plan (GAP) and the second draft of the Second Five Year Socioeconomic Development Plan, 2001-2005 (SEDP-2), and the National Biodiversity Strategy and Action Plan all described below. Future environmental project development should take into account relevant considerations in these key documents, noting their interrelationships (SEDP-2 references the two earlier policy instruments) and their use as a basis for project development.2

A policy document was prepared in 1999, the Natural Resource Based Development Strategy for the Tonle Sap-Great Lake,3 with the stated objective of developing the country’s capacity to manage and coordinate the development of the water and related natural resources in the Tonle Sap – Great Lake area, in order to improve the standard of living and contribute to environmentally sustainable economic growth. It provides an overview of the situation, but is said to downplay threats and institutional problems.4

The effectiveness of some of the major policy documents described above should be taken into account in assessing relevant policies: NEAP suffers from a general lack of acknowledgment; GAP did not originally include the fisheries sector and describes “resource management” as a specific issue rather than multisectoral concern; and SEDP-2 does not yet appear to address how the agenda is to be achieved or mechanisms for interministerial coordination which will be essential to successful implementation. These constraints are discussed more fully below.

1 The Discussion Paper, “Advances in Implementing a New Partnership Paradigm in Cambodia”, prepared by the Council for the Development of Cambodia for the 2001 Consultative Group Meeting for Cambodia in Tokyo, Japan, 11-13 June 2001, page ii.2 Ibid. The Discussion Paper refers to SEDP-2 and the Poverty Reduction strategy as forming “the base of our development objectives”. 3 This was a product of a joint effort by the CNMC, the MRCS, UNDP and consultants.4 “Tonle Sap, Cambodia, Sustainable Multiple Use of the Tonle Sap – Great Lake: Important Aspects of the Institutional Framework”, Asian Development Bank RETA 5783, Strategic Environmental Framework for the Greater Mekong Subregion, Case Study, December, 2000, p. 12.

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In addition, there is a general absence of clear sectoral policies at national level, such as in the land and water sectors. Although most ministries involved in natural resources and the environment issues have also formulated their own policies and action plans to cover their areas of responsibility, these policies are often broad in focus and may not reflect the actual capacity within the ministry. Furthermore, a number of these policies and action plans are not coordinated or linked to the existing legal framework.5

In the current climate of law reform, the absence of policies results in laws being developed which reflect the interests of the central institutions. Enforcement of those laws has been unsuccessful in part because they are a product of sectoral interests, and don’t take into account socioeconomic and environment conditions;6 the low salary for civil servants and financial shortage are said to be long-standing issues of good governance.

Cambodia’s presentation to the May 2001 UNESCO International Conference on Biodiversity and Society identified some governance issues in the Tonle Sap at local, national and international levels. These issues focus, to some extent, the need for coordinated national policy and improved governance.

For local governance, the issues are stated to be: the fishing lot system, which is inadequate; land tenure problems with increasingly inequitable land distribution; community participation in management and conservation is limited by lack of basic skills and by “top down” power structure; high rate of illiteracy; local social networks disrupted by 25 years of war and conflict; lack of local mechanisms for conflict resolution, ineffectuality of the court system; lack of accountability on the part of local leaders; insecurity, especially for non-Khmer fisheries minorities.

National governance issues in the Tonle Sap are reported as: inadequate fisheries law, currently under revision; unreliable statistics on fishing catches; rivalries among ministries responsible for the Great Lake; no research institutions (fisheries, agriculture, ecology); no extension services; enforcement of laws and resolution of legal conflicts is inadequate; populist desire – in national press and politics - to find scapegoats rather than solutions.

Problems with international governance in the Tonle Sap are said to include: rivalries among international agencies are damaging rather than reinforcing interministerial cooperation; the reliance on short-term projects (3-5 years) where long term projects are needed; not enough investment in capacity building; heavy reliance in projects on short term expatriate consultants, often using up to 2/3 or project funding; no funding for long-term research; little ownership by the Cambodian people of any Tonle Sap strategy – in the hands of International Organizations and NGOs.

The following description of RGC policies is focused at the national level, but local concerns and international obligations should not be lost sight of. These levels will be explored more fully in the section on institutions.

1.1 National Environmental Action Plan (NEAP)

The key policy document for management of the environment is the National Environmental Action Plan, 1998-2003 (NEAP), adopted by the Council of Ministers in 1997. The Ministry of the Environment (MoE) was the lead agency in its preparation between 1995-97, and while it provides a useful overview, it is said to suffer from a lack of acknowledgment by actors other than MoE and environmental NGOs.7

5 See “Environment, Peace and Stability Facility, Natural Resource and Environment Program”, Cambodia Program Document (2001 – 2005), final draft, Danish Ministry of Foreign Affairs, DANIDA, Ref. No. 104.Cambodia.1.MFS.0., March 2001. 6 See Gum, Wayne, “Environmental Sustainable Development: Cambodia Thematic Report, including an Analysis of the Royal Government of Cambodia’s Draft Second Five Year Socioeconomic Development Plan and Interim Poverty Reduction Strategy Paper”, prepared for the Swedish International Development Cooperation Agency, Phnom Penh, March 2001.7 “Tonle Sap, Cambodia, Sustainable Multiple Use of the Tonle Sap – Great Lake: Important Aspects of the Institutional Framework”, op. cit. note 4.

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It aims to integrate environmental concerns into economic activity and ensure the future maintenance of the absorptive and regenerative capacities of Cambodia's ecosystems. The NEAP adopts a precautionary approach: the emphasis is on cost-effective prevention of environmental problems, rather than on environmental rehabilitation.

Among its priority areas of intervention are fisheries/floodplain agriculture in the Tonle Sap region, biodiversity and protected areas, and environmental education.8

NEAP’s medium term objectives that are most significant for biodiversity management in the Tonle Sap are to: strengthen protected areas management; improve management of the Tonle Sap ecosystem; and build the environmental capacity of core institutions.9 The establishment of a multi-sectoral advisory and management body for the Tonle Sap was proposed in a policy document, but not included in the NEAP.10

The NEAP provides a useful overview of environmental priorities, together with descriptions of the legal regime, organizational arrangements and institutional capacity. It reports the paucity of information, for example, on the status of biodiversity within and outside protected areas.11 However, key objectives of the proposed Protected Area and Biodiversity action program have not been fully met, including:

preparation and enactment of laws on protected areas management;

establishing an environmental trust fund or endowment to manage protected areas and conserve biodiversity;

preparing and implementing management plans through a participatory process for areas including the Tonle Sap multiple use area and proposed Ramsar sites.

Even though NEAP identifies policy considerations, and appropriate objectives and activities to be supported, it is said to suffer from a lack of acknowledgment by actors other than MoE and environmental NGOs.12 However, an objective of SEDP-2 is implementation of the NEAP, in particular the sections regarding biodiversity and protected areas. Policy development at a regional level should work to ensure widespread acknowledgment, support and implementation.

1.2 Governance Action Plan (GAP)

A draft Governance Action Plan was first presented to the international donor community in 2000 and after circulation and review was finalized – including a new section on fisheries management - and adopted by the Council of Ministers on March 2, 2001. Governance is defined as “the manner in which public power and authority are formed and used to control and manage society’s resources”.

The GAP brings related initiatives within the jurisdiction of the RGC under a common umbrella framework. It covers the four cross-cutting areas of judicial and legal reform, public finance, civil service

8 The other areas are forest policy; coastal fisheries management, energy development and the environment and urban waste management.9 Other applicable objectives are: to develop coastal zone management; enhance forest concession management; institutional development; and urban and industrial pollution control.10 This proposal has now taken the form of a draft sub-Decree on establishment of a Tonle Sap Secretariat, discussed below under “institutions”.11 However, there are currently many international organizations conducting field research on biodiversity including the World Conservation Society, Wetlands International, the World Wildlife Fund, Flora and Fauna International and Conservation International.12 “Tonle Sap, Cambodia, Sustainable Multiple Use of the Tonle Sap – Great Lake: Important Aspects of the Institutional Framework”, op. cit. note 4, p.12.

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reform and anti-corruption, as well as what is referred to as “the two specific issues” of natural resource management and demobilization of the armed forces.

In fact, natural resource management is more than a “specific issue” as it includes land, forestry and fisheries management and encompasses the issue of access to resources by the poor. It is largely focused on technical solutions and State revenue generation – e.g. developing a comprehensive legal framework and enhancing human resources capacity for management.

The GAP states that the section on natural resources management “addresses issues that are central to the Government’s strategy to sustain development, reduce poverty and enhance social justice.” Governance issues included in the GAP are described below. The actions to enhance governance are identified as follows:

(a) Land Management

enacting necessary laws, regulations and implementing guidelines; enhancing capacity of implementing agencies; promoting broad participation in the development of land management.

(b) Forestry Management

bringing logging activities under control at a sustainable level; developing a comprehensive legal framework for forestry development; enhancing human resources capacity and financial and material means for forestry management.

(c) Fisheries Management

developing a comprehensive legal framework that favors conservation and sustainable development;

building the capacity and enhancing the efficiency of the Fisheries Department; curbing excessive exploitation of the resource and controlling technological abuses.

GAP also provides for actions to enhance governance, sequencing, benchmarks, expected results and potential risks of the initiatives, so the RGC may pursue its governance objectives with greater explicitness, in a more systematic way.

Significantly, GAP is apparent evidence of growing institutional acceptance of rights-driven reform, reflected in growing institutional acceptance of community based natural resource management strategies.13

The potential of these strategies cannot be overstated given the14 -

traditional reliance of rural communities on local natural resources; absence of an adequate institutional social safety net for the poor; poor performance and capacity of line ministries responsible for management of these resources; RGC’s stated policies with regard to decentralization and participatory rural development.

Implementation of the GAP depends largely upon political will and the coordination of the donor and international community. In this context, it is a positive step that an SEDP-2 strategy is the establishment of partnership arrangements with all stakeholders aimed at ensuring effective implementation of the GAP.

13 This is evidenced by the draft sub-decrees on community-based management of forestry and fisheries, and the draft sub-decree for management of protected areas.14 Commentary in this and the following paragraph is from Gum, “Environmental Sustainable Development: Cambodia Thematic Report” prepared for SIDA, March 2001.

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The Council for Administrative Reform (CAR) Secretariat has undertaken a wide dissemination campaign, and arranged a series of meeting with the various reform councils and key ministries to better coordinate efforts. CAR is responsible for monitoring and implementation of the GAP.

1.3 Draft Second Socioeconomic Development Plan 2001 – 2005 (SEDP-2)

1.3.1 Background

Currently, the principal vehicle for development of national policies of the RGC is the Draft Second Socioeconomic Development Plan, 2001 – 2005 (SEDP-2).15 The process to develop SEDP-2 was launched at a national workshop held in May 2000. The first draft was reviewed by a High Level Forum in March 2001, which suggested that a revision be undertaken by the end of this year, prior to submission to the National Assembly.

A second draft was released on 31 March, and a review of that draft was undertaken by the Government of Sweden16, which expressed a number of concerns, many relating to the need for the Plan to address the realities of implementation.17 In particular, referring to the emphasis on poverty alleviation, the review notes that the RGC has lacked a policy framework enabling the poor fully to participate in the enhancement of production and incomes. In relation to environmental protection, the review states:

Throughout the document there is a consistent sectoral acknowledgment of the need for an improved legal and regulatory framework, which includes for some sectors recognizing the need to balance economic development with environmental protection. However, there is little emphasis on ensuring that the legal and regulatory framework be coordinated between sectors and importantly ensuring that each ministry's mandate and plans do not conflict with those of other ministries. The fundamental issue of inter-ministerial coordination and cooperation has not been addressed.

….The SEDP-2 importantly recognizes the need to improve the connections between policy-making, planning, and investment programming (PIP) and budgeting. This is essentially improved interministerial coordination between the MoP, the MEF and the Council for the Development of Cambodia as well as other line ministries.

Among the objectives in SEDP-2 is sustainable management and use of natural resources and the environment, which “requires a balance to be struck between economic, cultural and environmental objectives, and between economic efficiency of resource use and equity. Specific strategies include:

prevention of environmental and resource degradation caused by policy distortions and market failures;

establishing and implementing the legal frameworks for natural resource management;

15 Note that the First Socioeconomic Plan 1996-2000 includes a chapter on the management of the environment and natural resources which acknowledges several issues of direct relevance to the Tonle Sap region. These include: loss of forests, water pollution and impacts, depletion of the fishery stock and loss of biodiversity. These, in combination with other factors such as erosion and siltation, are noted as contributing to “multi-factored degradation of the Tonle Sap ecosystem”. (RGC, 1996)16 “Analysis of the Draft Second Socioeconomic Development Plan of the Royal Government of Cambodia”, March 2001, Embassy of Sweden, Development Cooperation Section, Phnom Penh.17 For example, the main concern from the Swedish point of view is how the Government is going to get it done. It questions whether the RGC will manage to get widespread support for the pro-poor approach, and notes that it is not easy to figure out to what extent the proposed programs and projects are covered by resources either from government or donors, or how SEDP-2 is related to the Public Investment Plan (PIP). It is estimated that at least some 60 or 70 percent of the plan will have to be externally funded, and that the donor priorities will need to shift. The results of the CG meeting in June 2001 will therefore be highly relevant to SEDP-2.

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enhancing the human resources capacity for natural resource management;

designing and implementing a land management framework that makes adequate provision for the poor, including local community access to common property resources.”18

Key sectoral objectives of SEDP-2 relating to natural resources and the environment include:

improved governance in forestry, including promotion of community forestry;

commencement of a reform process for mismanaged fisheries concessions;

development of a participatory/consultative process to develop a national land policy aimed at improving management of the national land stock. In particular, strengthening the legal framework for systematic titling, enforcement of property rights, and establishment of land use classification to help the poor gain access to land;

An associated objective is implementation of the National Environmental Action Plan (NEAP), in particular the sections regarding biodiversity and protected areas.

During the first year of the SEDP-2 period, the Government will give priority to a number of actions. The action most relevant to law and institutional reform in the Tonle Sap is further development and implementation of a comprehensive Governance Action Plan of prioritized initiatives, with active involvement of all stakeholders.19

Public investment allocated to environment and conservation for the 2001-2005 period amounts to $66 million or 2.6 percent of the total SEDP-2 allocation.20 Priority investments include the completion with external assistance of capacity building projects covering environmental impact assessment, mangrove management, coastal zoning and management of the Tonle Sap ecosystem.

The Supreme Council for State Reform chaired by the Prime Minister will continue to have responsibility for overall management of the reform process, and will be supported by eight agencies.21

18 Second Five Year Socioeconomic Development Plan, 2001 – 2005, draft, March 31st 2001, Executive Summary.19 Others include: acceleration of legal and judicial reform programs through donor-assisted and participatory articulation of a National Program for Judiciary Reform; the establishment of "priority groups" of civil servants, who will be selected in a transparent manner and held to stringent performance standards corresponding to their financial remuneration; the further democratization of Cambodia through decentralization/ deconcentration of government and public service delivery, the communal elections planned for early 2002 being central to this process; and acceleration and better coordination of State reform, especially in areas affecting government revenue and expenditure flows.

20 Compare with the following, as reported in “Advances in Implementing a New Partnership Paradigm in Cambodia”, op. cit. note 1:

Distribution of ODA Disbursements for 1992-2000 – Natural Resources, 0.67%, Agriculture, Forestry and Fisheries 7.23%;

Investment Allocations, Public Investment Program 1996-2000 - Agriculture 13.2%, Environment and Conservation 1.2%;

Distribution of Private Sector Investments into Cambodia, 1994-2000 – Agriculture sector 6.07%, Natural Resources Sector 17.96%.

21 These include the Council for Administrative Reform; the Council for Economic and Public Finance Reform; the Council for Judiciary and Legal Reform; the Council for the Demobilization of the Armed Forces; the Council for Military Reform, the Council for Land Policy, the Council for Social Development

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1.3.2 SEDP-2 Governance Issues and Actions

SEDP-2 recognizes that an improvement in the governance environment is essential to the achievement of all development objectives; it is to be realized through effective implementation of the Governance Action Plan. In addition, SEDP-2 identifies governance issues, and actions, which need to be taken in the short to medium term to address them.

SEDP-2 identifies a number of governance issues and actions relevant to conservation of biodiversity and ecosystem management in the Tonle Sap, described below. Lead departments are noted, but this should not exclude other agencies and institutions from participating in the process.

In noting institutional problems and financial constraints to agricultural growth, SEDP-2 states that "These institutional weaknesses have resulted, among other things, in a lack of a systematic assessment of the developmental potential of the country's resource base (e.g. water resources) and of baseline information for planning, programming and implementing agricultural development projects…"

1.3.2.1. Legal and Judicial System: Legal Reform22

Improving the Legislative Process – COM, MOJ – Prepare an action plan to improve the legislative process, including improvement in public awareness of, and respect for, laws, in full consultation with stakeholders.

Wide dissemination of laws and regulations – COM, MOJ –Action: Accelerate publication of existing legislation by the legal coordination unit, and publish regularly all new legislation in an official gazette. Completing gaps in legislation and developing a legal framework for the private sector –

COM, MOJ –Prepare a comprehensive assessment of gaps & inconsistencies in legislation.

MOC, MEF – Promote private sector participation in the legislative process, especially for laws establishing a legal framework for the private sector.

1.3.2.2 Legal and Judicial System Strengthening23

Improving law enforcement - MOI, MOJ – prepare an action plan to reform public security institutions such as the National Police, Gendarmerie, municipal police, and other security units, in full consultation with stakeholders.

1.3.2.3 Civil Administration and Deconcentration24

Improving coordination between administrative reform initiatives and other reform programs – CAR –

develop a strategy to deconcentrate administrative functions to enhance the capacity of provincial and district administrations to improve service delivery and to support elected commune councils;

promote the participation of line ministries;

(yet to be formed); and the Ministry of Interior (as the agency to spearhead further democratization).

22 Table 5.1.23 Table 5.224 Table 5.3

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undertake information sessions with stakeholders about the objectives and activities of administrative reform.

1.3.2.4 Decentralization and Local Governance25

Establishing a Legal Framework – MOI – Complete studies and promote debates on this topic, and prepare a policy framework in full consultation with stakeholders.

Ensuring a close link between administrative and financial decentralization – MOI – Draft legislation on provincial, municipal and district administration in full consultation with stakeholders, and submit to the National Assembly for review and adoption.

Developing managerial and human resources at the sub-national level – MOI

submit draft laws on commune councils to National Assembly for review and adoption;

assess needs of commune councils to become effective;

implement adopted laws;

develop managerial and human resources in support of elected commune councils.

1.3.2.5 Natural Resources Management – Land Management26

Enacting necessary laws, regulations and implementing guidelines – COM, MLMUC

submit new draft land law to the National Assembly;

initiate and complete six additional pilots using methodology to address cadastral mapping and land registration.

Promoting broad participation in the development of land management – MLMUC - Draft implementing regulations for the new land law, including accelerating land registration and building a land administration system to enhance land tenure security, in full consultation with donors, NGOs and civil society.

Enhancing the capacity of implementing agencies – MLMUC - prepare and implement an action plan for capacity development of implementing agencies.

1.3.2.6 Natural Resources Management – Forestry Management27

Developing a comprehensive legal framework for forestry development - Forestry Dept.

implement a sub-decree on forest concession management, and a sub-decree on community forestry;

draft and submit a new forestry law to the NA, after full consultation with stakeholders;

establish consultation and participation mechanisms for donors and civil society.

Enhancing human resources capacity and financial and material means for forestry management – Forestry Dept.

25 Table 5.4 26 Table 5.9 27 Table 5.10

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build the capacity of the Forestry Dept.;

consider establishing a single line of authority for forest management at the national level;

provide training for officials at local offices of the Forestry Dept. on newly adopted sub-decrees to ensure their proper implementation.

1.3.2.7 Natural Resources Management – Fisheries Management28

Developing a comprehensive legal framework – Fisheries Dept. –

Finalize the preparation of the new fisheries law and forward to the COM by early 2001.

hold public consultations with stakeholders before submitting to the legislature.

Capacity building

develop a restructuring and capacity building program.

human resource development.

Curbing excessive exploitation of the resource

develop the Fisheries Master Plan.29

implement the Fisheries Master Plan, including establishment of the Inland Fisheries Institute.

prepare a long-term strategy to further develop the fisheries sector.

1.3.3 SEDP-2 and Sectoral Policies and Actions

Sectoral policies in SEDP-2 relevant to conservation of biodiversity and natural resources management include: community-based forestry and agroforestry; land tenure and titling; and environmental management and conservation which expressly refers to the high priority of the Tonle Sap, for which a multi-sectoral “advisory and management” body is to be established.

1.3.3.1 Community-based forestry and agroforestry

SEDP-2 describes the policy on forest resource utilization as having two broad goals – community-based forestry and agroforestry, and watershed management to preserve stream flows, surface water quality and aquatic resources.

To achieve these goals, SEDP-2 favors the establishment of long-term leases or land ownership for rural communities and watershed management protection through erosion control, reforestation and water resource enhancement.

The draft of the National Forest Policy is currently being considered by the Government. The main objectives of this policy are:

28 Table 5.1129 Note a draft Fisheries Master Plan has been prepared, which outlines policy and strategy. Activities are expected to be included later this year.

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Delineation of a permanent forest estate for conservation, community use and industrial production.

Enhanced contribution of forestry to public welfare.

Greater participation of local communities and the private sector in forest protection, management and improvement.

1.3.3.2 Land Tenure and Titling

SEDP-2 recognizes that Land tenure and titling are becoming important for the need to strengthen the legal basis for market-driven agricultural development and resolve land disputes.

Increasing the capacity of the judicial system to handle land disputes through reorganization and retraining is described as a priority goal in institutional development. It is recognized that technical and administrative capability of the Department of Land Titling needs to be enhanced.

A land use code is to be crafted immediately to serve as a blueprint for zoning in the country, where zones are determined according to the economic and environmental uses of available land (e.g. agricultural, industrial and municipal uses based on appropriate socioeconomic and environmental criteria).

Ethnic communities, which subsist on what they gather or hunt from common property resources such as forest and fresh water resources (e.g. flood recession rice cultivators and cash crop growers along the Tonle Sap Lake flood plain), will be given security of tenure over the use of these resources. To safeguard the rights of traditional users, they will be given long term stewardship contracts with concerned government agencies.

1.3.3.3 Environmental Management and Conservation

This section makes its first appearance in the second draft of SEDP-2. Referring to the NEAP, SEDP-2 states that a high priority is the management of the Tonle Sap ecosystem for which a multi-sectoral advisory and management body is to be established – the proposed Tonle Sap Biosphere Reserve Secretariat. Weak institutional capacity in the sector makes it imperative that interventions to address environmental issues are carefully prioritized and sequenced.

The Government’s stated goal is to manage, conserve and protect Cambodia's environment and natural resources in an ecologically sustainable manner to assist in alleviating poverty throughout the nation. This also appears in the Discussion Paper prepared for the June, 2001 CG Meeting in Tokyo.

The medium term objectives are to:

develop coastal zone management enhance forest concession management reduce urban and industrial pollution strengthen protected areas management improve management of the Tonle Sap ecosystem build the environmental planning capacity of core institutions

SEDP-2 states that the Government's environmental protection and natural resources management efforts are guided by four principles, being the recognition of:

the link between poverty alleviation and the environment the importance of small communities the need for institutional capacity building importance of an integrated approach to environmental planning

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SEDP-2 notes that many of the Government's actions to protect the environment and manage environmental impacts are integrated with investment and policy priorities in other sectors. The Government will over the medium term prepare and implement routine monitoring of all public investment projects in order to ensure that their implementation is environmentally sound and with a view to strengthening the link between development planning and environmental protection. EIA and compliance procedures will be incorporated into new projects screening procedures being introduced with the assistance of the ADB and UNDP.

Because the capacity of the Government's institutions to formulate and implement appropriate environmental planning is said by SEDP-2 to be critical to the success of environmental management, the Government will support structured interventions that support the capacity of institutions involved in environmental management. A high priority will be to strengthen the capacity of MOE to plan and implement policies and projects, draft legislation and monitor compliance of pollution producing entities.

The Government intends to increase environmental awareness and education. With external assistance the Government intends to integrate environmental education into the schools and higher education curriculum to increase environmental awareness among teachers and students. Targeted campaigns will be implemented aimed at increasing public environmental awareness at home and at work.

1.4 Biodiversity Strategy and Action Plan

Currently, to implement obligations under the Convention on Biological Diversity ratified by RGC in 1995, and the intention to support the principles of sustainable development, UNDP/GEF/FAO, through the Biodiversity Enabling Activities Project, are assisting the Government to integrate biodiversity conservation and sustainable natural resource use concepts into the overall poverty reduction strategy through a National Biodiversity Strategy and Action Plan for Sustainable Development (NBSAP). So far, a significant project output has been the creation of a policy level National Biodiversity Steering Committee with representation from each of the involved Government agencies mandated to develop the NBSAP. The Committee will play a coordinating role, and has been endorsed by the Council of Ministers. A National Secretariat for Biodiversity is to coordinate the implementation of the national and international elements of the Strategy. A draft NBSAP was released in June 2001 by the MoE, and the final NBSAP will emphasize the importance of intergovernmental cooperation to create the policy, management and research conditions necessary to advance ecological management.

Some elements of the draft NBSAP relevant to Tonle Sap include protection of natural resources, freshwater fisheries and aquaculture, forest and wild plant resources, agriculture, mineral resources, tourism, environmental security, land use planning, water resources, community participation, awareness, education, research coordination and development, legislation and institutional structure.

1.5 Fisheries Policy

Current fisheries policy is an example of sectoral policymaking which is compatible with some of the national policies, objectives and activities, but which is more focused. The Department of Fisheries, central to natural resources management in the Tonle Sap, has included in its Second Five-Year Fisheries Sector Development Plan (2000-2005) the following elements:

conservation and improvement of fish habitat; cooperation with local authorities and fishing community co-management; revision of burden book and define the gear for appropriate fishing area; disseminate fisheries technologies, science, aquaculture technologies and fisheries law; improve fisheries sector management through revision of the fisheries law and improvement of the

structure of fisheries administration; encourage cooperation with IOs and NGOs; fishing lot reform, to release some lots for family fishing; establish community fisheries in areas that have been released.

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Cooperation efforts are to be directed towards local authorities, fishing communities, IOs and NGOs, but the vision would be enhanced by reference to interdepartmental or interministerial cooperation – although the latter is a function of MAFF.

1.6 Assessment of Policymaking

Policymaking has been based on a range of considerations, and these should be assessed together with the policies.

It is acknowledged that public policymaking for the Tonle Sap area has often been based on incomplete or misleading information.30 A recent development has tied the value of the resource to policymaking. It is reported that the Ministry of Economy and Finance (MEF) have started to speculate publicly as to the reason why national revenue from fisheries is in the order of US2-3 million whereas gross value of production is now estimated as being in the order of US$300 million; such attention may have caused them to support the decision of the DCG Forestry Reform Group to extend its purview to include land and fisheries.31

One consideration which may need to be emphasized to a greater degree in future policymaking is the increasing extent and changing patterns of human migration around Tonle Sap Lake.

It is said that there is a clear gap between the ideals and targets of public policy and laws, versus their implementation, usually expressed as the difference between “policy and practice” or “law and law enforcement”. While the importance of ongoing policy and law reforms (such as in relation to forestry, land, water, environmental protection, fisheries) is clear, the causes of failure in implementation must also be addressed.32

It is beyond the scope of this paper to assess the causes in failure, but the commonly acknowledged major causes should be borne in mind in project development:33

weaknesses in Cambodian governance – e.g. low salaries, low public revenue relative to Gross Domestic Product, lack of transparency, inconsistent application and enforcement of laws;

patron-client relationships – obligations to patrons and/or the expressed power of patrons and/or the offer of direct-indirect incentives from patrons can often exceed the incentives to operate within the legal system.

2. INSTITUTIONAL FRAMEWORK

In the Tonle Sap Case Study34 prepared for the May, 2001 UNESCO International Conference on Biodiversity and Society, institutional arrangements for the Tonle Sap Lake are described as complex and often confused. The primary reason for this is the multi-stakeholders nature and geographical magnitude of the ecosystem.

30 “Tonle Sap, Cambodia” op. cit. note 4. The report notes “for example, undervaluing the importance of fish in the diet and to the economy (MoP, 1997) due to an acceptance of data which reflected both gaps and international underreporting of the catch – may have contributed to an overemphasis on the importance of boosting rice production. An underestimate of water use inefficiency can easily be used to justify a need for more water. 31 Ibid.32 Ibid.33 ibid.34 Bonheur, Neou and Lane, Benjamin, First draft, March 2, 2001.

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“At the macro level, the lake is under the jurisdiction of a number of institutions with different capacity, interests, powers and mandate. At the provincial level, the lake is bordered with six provinces administered by six provincial governors. At the local level, the lake is directly or indirectly benefited and managed by a huge number of different actors ranging from government officials, NGOs, local authorities and communities. In addition, the lake comes under the influence of regional bodies and international organizations, willing to promote sustainable development of the lake through different agendas and projects.”

The draft Tonle Sap case study reports that the current institutional arrangements are described as inefficient due to several factors, including the deficiency of human resources and capacity, lack of transparency, poor coordination, slow decentralization, shortage of financial resources, and ineffective management of public expenditure and foreign aid.

2.1 National

The key national institutions which influence the management regime of the Tonle Sap watershed include the Ministry of Agriculture, Forestry and Fisheries, Ministry of the Environment, Ministry of Water Resources and Meteorology, Ministry of Rural Development, Ministry of Public Works and Transport, Ministry of Land Management and Urbanization, Ministry of Interior, Ministry of Justice, Ministry of Tourism, Ministry of Planning, Ministry of Defense,35 Cambodia National Mekong Committee, Council of Ministers, National Assembly and the Prime Minister. Each ministry has its provincial department established in all the provinces. These ministries are given a broad mandate to manage state property for the benefit of the nation and the people.

Organograms of the Ministries of Agriculture, Forestry and Fisheries, Environment, Rural Development, Public Works and Transport, Industry, Mines and Energy, and Tourism, and the Cambodian National Mekong Committee appear in Annex A.

The primary institutions which will be involved in management of natural resources of the Tonle Sap are the Cambodia National Mekong Committee including the proposed Tonle Sap Biosphere Reserve (TSBR) Secretariat, the Ministry of Environment and the Ministry of Agriculture, Forestry and Fisheries. Their mandates are described below, and those of other key ministries are included in section on the law.

For a clearer understanding of the institutional interaction over resource management, a brief sectoral review is also presented.36

2.1.1 Cambodia National Mekong Committee

The Cambodia National Mekong Committee (CNMC), with a membership of ten line Ministries,37 was established pursuant to the 1995 Agreement on the Cooperation for the Sustainable Development of the

35 Due to the extent of land use and fishing practices influenced or conducted by the military.36 For greater detail, See Gum, op. cit. note 6.37 Ministry of Public Works and Transport, Ministry of Water Resources and Meteorology, Ministry of Environment, Ministry of Agriculture, Forestry and Fisheries, Ministry of Foreign Affairs and International Cooperation, Ministry of Industry, Mines and Energy, Ministry of Land Management, Urbanization and Construction, Ministry of Rural Development, Ministry of Planning.

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Mekong River Basin, which established the Mekong River Commission (MRC). It functions as a national institution accountable directly to the Royal Government of Cambodia, with a mission to assist and advise the latter in all matters relating to the formulating of water policy and strategy, and management and development of the water and related natural resources of the Mekong River Basin in the country.

CNMC’s most important role is to coordinate and promote sub-regional cooperation and growth among the member countries of the MRC, and to promote cooperation with the donor community.

CNMC’s functions are:38

to study and advise the government on all matters related to the planning, formulation of strategy for the development, management and preservation of Mekong River water and related resources;

to cooperate with and follow up other institutions concerned, including line agencies, provincial and municipal authorities in implementing all relevant decisions of the government relating to the Mekong River; and

to promote cooperation with other member States’ NMCs and donor community in the investigation, development, management and preservation of the Mekong water and related resources, in conformity with the principle of equitable and reasonable benefit for all member States.

There are 27 officers in CNMC, involved in a range of projects, including:

a study project on geography, hydrology and environment in Chaktomuk; cooperation with the Department of Fisheries in five projects-

o the management of freshwater capture fisheries in Cambodia ($4.2 million)o fisheries resource assessment in the Mekong River Banks (5.3 million/3

countries)o aquaculture extension project along the Mekong delta ($2 million/2 countries)o reservoir fisheries ($4.5 million/3 countries)o aquaculture for indigenous fish species ($2.6 million/3 countries)

cooperation with the Department of Forestry on project implementation; cooperation with the Ministry of Environment on wetland inventory; cooperation with the Ministry of Water Resources and Meteorology on studies on water

quality control and meteorological and hydrological improvement.

In addition, there are programs on capacity building, water use and Mekong River Bank Development. The three national documents produced by CNMC in 2000 were “Guidelines for the Organization and Responsibility of the Working Group for Development of the Mekong River Basin for the National Level and the Mekong River Commission (MRC); Progress Planning for the Development of Water Resources in Cambodia; and Training Needs for Cambodian Officers to implement the project “Planning for the Mekong River Basin Development”.

In 2000, CNMC reports strengthened capacity through human resource training, equipment, skills and the workplace. Cooperation with MRC member countries also took place. CNMC’s plan for 2001 includes strengthened responsibilities, greater transparency in operations, and project development for the Environmental Programme and River Basin Development Plan.

The functioning of CNMC is considered relatively limited by the political and economic position (including limited government support and human resources), the slow process of promotion, limited 38 1999 Sub-Decree on Organizational Structure and Functioning of the CNMC, Article 2.

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responsibilities of officers and inadequate procedures for conducting meetings. However, its strengths are its clear organizational structure, ten involved ministries as supportive members, secretariat offices, committed officers, and support from national and international institutions.39

2.1.2 Proposed Tonle Sap Biosphere Reserve Secretariat

The CNMC is to house the proposed Tonle Sap Biosphere Reserve Secretariat (TSBR Secretariat), once it is established by sub-decree. A final draft of the sub-decree to establish the TSBR Secretariat is being prepared and expected to be transmitted to the Council of Ministers by July 2001. The CNMC would assume the role of Director, with Deputy Directors being appointed by MoE and MAFF.

The TSBR Secretariat has three objectives: to serve as an information clearing house open to all; to conduct a nationwide public awareness and mobilization campaign for the protection and sustainable use of the Tonle Sap Great Lake and its watershed including Angkor; and development of long-term revenue sources for conservation and research activities of the TSBR Secretariat, as well as for the provision of appropriate incomes for enforcement and monitoring officials from the Fisheries Department, MoE and relevant government bodies.40 These objectives, and outputs, are discussed below.

2.1.2.1 Information Clearing House

The TSBR Secretariat’s objective to be an information clearing house, open to all, would include:

a digital data-base including environmental, economic and social data relating to the Tonle Sap Lake, as well as an inventory of projects and other activities;

a Documentation and Information Center to house research papers, project reports, government documents and legal materials pertaining to the Tonle Sap;

Annual Reports available online. It would include social, environmental and policy reports, as well as a full financial disclosure of activities carried out by the Secretariat.

The TSBR Secretariat would be an active member of an international network of research centers and organizations including UNESCO, Columbia University Earth Institute (CUEI), Center for International Earth Sciences Information Network (CIESIN), Center for Environmental Research and Conservation (CERC), Wildlife Conservation Society (WCS) and New York Botanical Garden (NYBG).

It is proposed that the TSS would operate research field stations, a visiting scholars programme and a TSBR Working Papers Series to be published online in English and Khmer.

Research workshops and seminars are proposed for environmental sciences, environmental law, social sciences and natural resources management.

Joint research projects are proposed with network members, in particular with the following:

WCS: Biodiversity monitoring and research into the interdependence between biodiversity conservation and traditional resource use (role of floating rice cultivation in the provision of habitats for endangered waterfowl);

NYBG: Traditional resource uses and the conservation of the working cultural landscape of floating villages;

39 CNMC report of its activities in 2000.40 Taken from the presentation of Cambodia prepared for the May, 2001 UNESCO International Conference on Biodiversity and Society.

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CIESIN: Development of online database to be linked with CIESIN international network;

CERC: Development of an international network of floodplain research centers.

The second role of the TSBR Secretariat, to conduct a nationwide public awareness and mobilization campaign for the protection and sustainable use of the Tonle Sap Great Lake and its watershed, is expected to contribute to the development of a new social contract among stakeholders, based on a common understanding of the importance of the Tonle Sap/Angkor cultural assets, biodiversity and water resources, for national identity, economic development, public welfare and the sustainability of the Lower Mekong Basin. The campaign will be conducted through the media, the local schools, public debates as well as through traditional networks such as the Buddhist temples in the provinces surrounding the Lake.

2.1.2.2 Public Awareness and Mobilization Campaign

The second objective of the TSBR Secretariat, to conduct a nationwide public awareness and mobilization campaign for the protection and sustainable use of the Tonle Sap Great Lake and its watershed, is expected to contribute to the development of a new social contract among stakeholders, based on a common understanding of the importance of the Tonle Sap/Angkor cultural assets, biodiversity and water resources, for national identity, economic development, public welfare and the sustainability of the Lower Mekong Basin. The campaign will be conducted through the media, the local schools, public debates, and through traditional networks such as the Buddhist temples in the provinces surrounding the Lake.

Outputs are planned to include:

a regularly maintained website with an electronic forum dedicated to the natural and cultural heritage of Cambodia emphasizing Angkor and its links to the Tonle Sap;

development of television and radio programming devoted to issues of conservation and sustainability, in particular a children’s nature program and regular public debates and for a with guests invited from government, temples, schools, the media and other parts of civil society;

production of a series of comic books on sustainable use of the Great Lake’s resources.

2.1.2.3 Development of Long-Term Revenue Sources

The third objective of the TSBR Secretariat is development of long-term revenue sources for conservation and research activities of the Secretariat, as well as for the provision of appropriate incomes for enforcement and monitoring officials from the Fisheries Department, MoE and relevant government bodies.

The output would be development of a non-aid based revenue strategy based on the establishment of a Tonle Sap Trust as an independent body responsible for revenue generation, including:

alternative establishment of Tonle Sap trust funds from various sources; visitor fee system for the core areas and visitor center; publication of materials such as guidebooks, videos, art prints etc. for sale to tourists; web-based international fundraising campaign.

2.1.3 Ministry of the Environment

The Ministry of the Environment was established in 1993. The mandate outlining its role and responsibilities was approved in 1997,41 and in general these include:

developing policies to ensure sustainable development; developing and implementing legal instruments and the EIA process;

41 1997 Sub-Decree on the Organization and Functioning of the Ministry of the Environment.

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advising other sectors on all aspects of natural resources and environmental management; administering the national protected areas system; preparing pollutant inventories; developing inspection procedures; implementing environmental education; compiling, analyzing and managing environmental data; ensuring Cambodian compliance to international environmental conventions and treaties; promoting investments in environmental protection and conservation; cooperating with national and international organizations, foreign governments and local

communities to ensure environmental protection.

The Technical Coordination Unit (TCU) for the Tonle Sap is a multidisciplinary unit functioning within MoE, and serves as the focal point for Ramsar issues. For the past six years it has conducted interdisciplinary meetings and workshops in the five provinces bordering the Tonle Sap; interministerial workshops, meetings and consensus building; and legal efforts culminating in the adoption in 2001 of the Royal Decree for the establishment and management of the Tonle Sap Biosphere Reserve.

Some of MoE’s responsibility overlap with other ministries, especially MAFF, but MoE does have a relatively clear mandate in protected areas management, EIA and coordination of environmental data. The main problems encountered within MoE in relation to the implementation of its core tasks include:42

limited human resource capacity; low frequency of field visits/monitoring activities due to budget constraints; difficulties in facilitating interministerial coordination; limited or unreliable data for NRE management; overlapping mandates with other ministries; and a fragmented legal framework for NRE management.

2.1.3.1. Biodiversity, through Protected Area Management

Conservation of biodiversity through protected area management is carried out with MoE as the lead agency, however other agencies have management responsibilities in this realm as well with no existing mechanism for integration through coordinated management plans or legislation. The MoE is responsible for the management of protected areas and the Ramsar sites, and the proposed Sub-Decree establishing a TSBR Secretariat is intended to result in some coordination of management. In addition, the Department of Fisheries and Wildlife manages protected areas designated by MAFF under the Forest Law, and the Department of Fisheries manages fish sanctuaries. The Department of Fisheries and Wildlife and the MoE/Department of Nature Conservation and Protection have a Wildlife Protection Office.43

Coordination of activities and donors presents a challenge, and “hot spots” for biodiversity are also highly valuable areas for commercial exploitation.

2.1.4 Ministry of Agriculture, Forestry and Fisheries

The major government actor involved in the Tonle Sap area is the MAFF. The inundated zone is under the jurisdiction of the DoF, the Department of Agronomy is responsible for areas being rice farmed and the Wildlife Protection Office within the Department of Forestry is responsible for some areas of the flooded forest which are home to rare or endangered species of migratory waterfowls.

The main tasks of MAFF are:

42 See “Environment, Peace and Stability Facility Natural Resource and Environment Program”, op. cit. note 5.43 The technical staff of MoE and MAFF are said to work well together, but cooperation is unsatisfactory at the ministerial level – see Gum, op. cit., note 30.

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develop and implement relevant sector policies aimed to improve livelihoods of the Cambodian people;

coordinating, monitoring and evaluating the implementation of these policies; monitoring agriculture, fisheries and forestry resources and facilitating their sustainable use; establishing regulations for management, preservation and protection of natural resources; building capacity and human resources in various fields to take part in the development of the

agriculture, fisheries and forestry sector; providing technical support and guidance to farmers to improve production and farming

productivity (e.g. application of fertilizers and pesticides, and soil improvement measures) to ensure high yields based on sustainable practices;

improving vocational training in relation to agriculture; research on fisheries, forestry and agronomy including the economics of these activities and

dissemination of the results; collaborate with other line ministries and cooperate with NGOs and donors to develop agriculture,

forestry and fisheries.

MAFF has limited capacity to implement its responsibilities, and shares similar constraints as to the MoE. 44

Furthermore, the three sectors are subject not only to institutional weaknesses but also to uncoordinated and sometimes overlapping or conflicting management responsibilities, as described below.

2.1.4.1 Fisheries

The root of the problem in fisheries management has been described as “lack of institutional structure and government power to ensure that the systems can function.”45 Management authority is principally with the Department of Fisheries and the MoE in respect of EIAs and management of protected areas.

In the case of the auctioning system, the prices fetched by the fishing lot leases are estimated to be as much as ten times the actual value.46 There is a strong incentive to default, leaving the state with no revenues from the lots.

The delegation of authority to the lotholders reflects to some extent the Department of Fisheries lack of financial resources for management. The pay for the government enforcement agents is below subsistence level. Instead of delegating authority for the regulated management of public property, the state has instead essentially given over the property for well-connected individuals to use to their own interest exclusively.47

The burden of these institutional flaws is borne especially by the villagers around the lake. With no rights to tenure, they are in a weak legal position for defending their interests. They face extortion form underpaid military in the area as well as the fishing lot security personnel. Left to survive on minimal fishing grounds, they must then choose between risking their lives to fish illegally on the lots, risking fines by using non-sustainable fishing techniques in the public areas, or starving.

Without serious overhaul of the management regime for the fisheries, together with an increase in the state's resolve and ability to enforce the regime, there is no reason to hope that the people dependent upon its resources will not continue to deplete them faster than they can regenerate. The prognosis would thus be one of a significant loss in biodiversity combined with continued and increasing human misery.48

44 Ibid.45 Ibid, and Bonheur et al. note 30.46 Participants in the auction are not required to pay the lot price in advance, nor do they have to provide any sort of collateral before they begin their operations. Leaseholders who default on payment are allowed to continue to participate in the next round of auctions. 47 Gum, op. cit. note 6, Bonheur et al., note 30.48 Ibid.

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The main institutional issues with respect to fisheries management include the following:49

weak and selective enforcement of fisheries legislation;50

inability to collect sufficient State revenue, based on the value of the catch; lack of capacity in DoF; widespread interference by other authorities, including the military and police; inaccurate official fisheries statistics; increasing incidence of violent fisheries conflict based on the lot system.51

The reform process for the fisheries sector has been largely driven by the Prime Minister in response to widely publicized fisheries conflicts and mass protests by fishers, but has also moved ahead due to a number of multilateral projects, such as the Mekong River Commission – Management of the Freshwater Capture Fisheries of Cambodia and the Reservoir Management Project; the World Bank funded Fisheries Component of the Agriculture Productivity Improvement Project, the planned ADB sector loan for fisheries.

development a new fisheries law and sub-decrees, including on the hiring of lots and burden books, and community fisheries management;

release of fishing lots; removal of fisheries inspectors and abolishment of middle-scale fishing gear taxes for inland

waters; establishment of an Office for Community Fisheries, to draft the sub-decree and train fisheries

inspectors.

There is wide support for the reform process, but most observers agree it is too swift, with the DoF struggling to adequately implement the menu of reforms which originate more at a political than a policy level.

Institutionalization of reform process through targeted capacity building and development of demonstration/pilot projects is an important strategy to ensure that the reform process is sustained and independent of the political climate.

2.1.4.2 Forests

Forest and wildlife management falls under the jurisdiction of the Forestry and Fishery Departments, and partly the Nature Conservation and Protection Department. It can be divided into flooded forest and dry land forest. Access to forest resources is regulated by laws on forestry, fisheries and protected areas.

The Department of Forestry and Wildlife and Ministry of Environment have a community forestry office, and the land law indirectly affects forestry management, which is dominated by the concession system. Under the provisions of the draft laws on forestry and immovable property, the RGC may designate “idle” forest land as agricultural land, thereby taking it out of the forestry management and concession compliance regime. The Governance Action Plan specifically identified wholesale privatization of common property such as forests as a factor contributing to land disputes and poverty, but this has not prevented large concessions from being granted without the required consultations with MoE or EIAs.52

49 Ibid.50 The reform process has, over the past few months, involved recalling fisheries inspectors from the field and then at the end of May 2001 returning them to the field and requiring the military to enforce fisheries. Provincial sub-committees have been established to deal with the illegal fishing in the context of the recent release of fishing lots.51 See Olesen, Thomas, "Management trends and related conflicts in the Cambodian fishing lot system", Project for the Management of Freshwater Capture Fisheries in Cambodia, MRC, final draft 17/04/01.

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Although the new law on Commune Administration mandates communes to manage natural resources, forests are excepted from this authority. Deforestation, including in the Tonle Sap area, is a major threat to the environment. It is caused by an inadequate legal framework for land and forest management, lack of enforcement of existing provisions including MoE approvals and EIAs, and lack of policies and institutional capacity and data. As with fisheries, there is widespread interference of other authorities and the military.53 The current reform process includes developing a national forestry policy and a new forestry law, and review of the forest concession management system.54 However, the process does not necessarily protect the rights of local communities living in or near to concession areas, institutionalize MoE’s role in the Forest Crime Monitoring Programme or provide for necessary elements of governance, such as transparency and accountability.

2.1.4.3 Agriculture

MAFF’s Department of Agronomy has lead responsibility for the agriculture sector, and other relevant ministries are:

Land Management, Urbanization, Planning and Construction, in respect of registration and titling of agricultural land;

Ministry of Water Resources and Meteorology, in respect of irrigation and hydrology; Ministry of Rural Development, which facilitates the activities of the line agencies at the filed

level; Ministry of Environment, which assesses environmental impacts of agricultural activities.

The main issue in this sector is the trend of increasing rural landlessness and land concentration which impacts on poverty. The agriculture sector performance review for the 1996-2000 showed that no significant structural changes were achieved and contribution to overall economic growth was the poorest of the three sectors in MAFF.55 Policy and institutional reform is being supported by public investments,56

and the RGC has taken actions for establishment of local rural development committees, discussed below.

The land areas under cultivation are currently limited with no significant development of new land for agriculture. There is potential to increase the area of cultivated land, but the land administration, policy and legal framework is currently inadequate and there appears to be few legal mechanisms by which land can be acquired by the rural poor. The NEAP identifies the main environmental issues associated with agriculture in the Tonle Sap area as clearing of inundated forest to open up agricultural land, and the run-off effect of use of chemical fertilizers and pesticides. There is currently no regulatory framework for the import and use of agro-chemicals, and their use may intensify with the emphasis in SEDP-2 on developing and attracting investments to the agriculture sector.57

2.2 Sub-national

At the sub-national level, prior to the 1990s, provincial authorities have, to a large extent, been used to operating autonomously from the national authorities. Efforts from those based in Phnom Penh to alter this

52 This occurred on 8 January 2000 when the MAFF granted Pheapimex Co Ltd. a rent-free land concession covering almost 6% of Cambodia’s total surface area. The company is said to has a record of extensive illegal logging, including in wildlife sanctuaries.53 Gum, op. cit. note 6.54 Gum, Ibid. reports in March 2001 that "To date 16 concessions belonging to 11 companies have been cancelled, 24 concessions belonging to 17 companies are valid of which 12 companies have been reduced by 50-70%. Each company is required to submit a concession management plan that includes an EIA and Social Impact Assessment (SIA) by September 2001 that must be approved before commencement of harvesting operations in 2002. The World Bank is also supporting the Forest Concession Management and Control Pilot Project.55 Discussion paper, op. cit., note 1.56 Such as village water supplies and rural roads.57 Discussion paper, op. cit. note 1.

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situation naturally meet with some resistance from those who favor the status quo,58 and to complicate the situation there is uneven capacity development. While at the national level technical expertise and skills have been gradually improved over the past two decades, human capacity is still critical at the provincial level. Most of the staff is recruited without any terms of reference. In addition, the institutional capacity is limited by the shortage of facilities, equipment and networks to carry out day-to-day research and enforcement tasks.59 This has resulted in governors and their principal advisory council being the key actors and decision-makers; they report to the Ministry of Interior (MoI) and to the Council of the Prime Minister.

The influence of fledgling forms of local government is said to be minor but increasing, 60 especially given the current policies of decentralization and deconcentration. Village Development Committees, Commune Development Committees, the Seila task force focusing on local government and ways of empowering local people, District Development Committees, Provincial Rural Development Committees, and the Council for Agriculture and Rural Development are all involved.

These forms of local government are interrelated. At the village, commune and district levels it is the responsibility of MoI in collaboration with the MRD to facilitate the formation of Development Committees. This process is still ongoing and it is expected that approximately half of the 16,000 villages in Cambodia had Village Development Committees (VDCs) at the end of 2000. To develop the capacity for the operation of this decentralized structure the Seila Programme has been active in selected provinces over the past five years. The plan is to include more provinces in the Seila programme for the 2001-2005 period, and increase the total number of provinces to 12. The Provincial Rural Development Committees (PRDCs) are responsible for providing services, management and consultative assistance to the District and Commune Development Committees (CDCs), and in turn the VDCs are offered assistance from the CDCs.

In addition, local committees are established for specified purposes. For example, the Fisheries Office of the Battambang Department of Agriculture, Forestry and Fisheries issued an Order61 on 30 May 2001 on the establishment of a provincial committee to reduce violations including fishing violations, forestry and environment violations. 62 Subcommittees were also established, including for deterring and eliminating forestry and environmental violations, and another for deterring and eliminating fisheries violations.63

The subcommittee established for eliminating fisheries violations has the duties of:

strongly implementing government instruments (proclamations, instructions, etc); setting up measures to manage and eliminate illegal fishing activities, including:

o ending illegal obtaining of fishing grounds and lots that belong to the local communities, and illegal sale to private owner. Strictly manage and allocate lakes, canals and lot areas, which the Government has turned over to local community to do small-scale fishing activities. Prohibit any person who sells these resources to any exclusively private owner. Organize fishing community in order to allow them to manage the cancelled lots.

o ending illegal fishing gears and methods such as dynamite fishing, electro-fishing, setting tree-branches and car tires to attract fish, and fishing by push/pull machines.

o ending inundated deforestation

58 See “Tonle Sap, Cambodia”, op. cit. note 4.59 Bonheur et al., op. cit. note 30.60 “Tonle Sap, Cambodia” op. cit. note 4.61 No. 74 Chor Phor Khor.62 Membership includes the 2nd Deputy Governor as leader, the 3rd Deputy Governor as deputy leader, the Deputy Chief of the military region as a deputy leader, and as members: chief of the provincial military police, deputy chief of Battambang military, chief of provincial police, first deputy chief of provincial police, chief of provincial department of environment, deputy chief of provincial department of agriculture, chief of provincial department of customs, all district chiefs in the province, and the Battambang General Secretary.63 Members include all fisheries officials in fishing communes.

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o control, monitoring and surveillance of fishing violations; illegal fishing gears must be confiscated and sent to the court.

Such sub-committees are fundamental to “on ground” implementation of laws and policies, their effectiveness throughout all provinces is uneven. In addition, regularized communication with the national level is a pressing need.

While decentralization/deconcentration policies are moving forward, it is important to understand that at local level the peoples’ attitudes and sociopolitical status may remain the same even with institutional change – same people, same issues. A shift in awareness and development of the participatory process in all relevant levels and sectors are necessary companions to the decentralization process.

2.3 Regional

Cambodia has undertaken a number of international and regional obligations affecting conservation of biodiversity and management of natural resources of the Tonle Sap, which are detailed in the following section on the law. Of these, the 1995 Agreement on the Cooperation for the Sustainable Development of the Mekong River Basin (MRC)64 establishes the focal regional institution – the Mekong River Commission.

The Commission’s objective is to cooperate in all fields of sustainable development, utilization, management and conservation of the water and related resources of the Mekong River Basin including but not limited to irrigation, hydro-power, navigation, flood control, fisheries, timber floating, recreation and tourism, in a manner to optimize the multiple-use and mutual benefits of all riparians and to minimize the harmful effects that might result from natural occurrences and human activities.

Nine programs classified under three categories cover MRC ongoing or planned activities as follows: (a) Core Programme including (1) Basin Development Plan (2) Water Utilization Programme and (3) Environment Programme; (b) Support Programme including (4) Capacity Building Programme; and (c) Sector Programme including (5) Fisheries Programme, (6) Agriculture, Irrigation and Forestry Programme (7) Navigation Programme (8) Water Resources Programme and (9) Tourism Programme.

Since mid-1999, MRC has moved towards a programmatic approach, integrating environmental and socio-economic concerns. It has undertaken an extensive consultation process with the National Mekong Committees (NMCs), relevant national line agencies and MRC Secretariat programs. This participatory process is intended to create a sense of ownership among the four participating governments through their respective NMCs, and lead to a long-term, comprehensive strategy for an MRC Environment Programme 2001-2005 with a clear direction and well defined scope.65

3. LAW

3.1 International Obligations

Cambodia’s international obligations in relation to protection of biodiversity and conservation of natural resources in the Tonle Sap area provide global guidance for national law. Implementation of these obligations is being taken into account in policy and law development, but more can be achieved. The obligations are embodied in the following instruments:

The Convention on Wetlands of International Importance (Ramsar Convention), 1999 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), 1997

64 The Agreement was signed by Cambodia, Lao People’s Democratic Republic, Thailand and Viet Nam. It replaced the Mekong Committee established in 1957 and the Interim Mekong Committee established in 1978.65 Mekong River Commission, Long-Term Environment Program 2001-2005, Main Document including Program Implementation Plan.

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Framework Convention on Climate Change (FCCC), 1996 Convention on Biological Diversity (CBD), 1995 International Tropical Timber Agreement (ITTA), 1995 International Convention to Combat Desertification (CCD), 1994 Agreement on the Cooperation for the Sustainable Development of the Mekong River Basin

(MRC), 1995 International Convention for the Prevention of Pollution by Dumping of Wastes and other Matter

(MARPOL), 1994 Convention concerning the protection of the World Cultural and Natural Heritage, 1992 United Nations Convention on the Law of the Sea (UNCLOS), 1983

Cambodia is not party to the Convention on Migratory Species of Wild Animals (CMS), or Bonn Convention, adopted in 1979, eight years after the need was first recognized for countries to cooperation in the conservation of animals that migrate across national boundaries. It was first proposed at the 1972 United Nations Conference on the Human Environment.

Cambodia is also a member of the Coordinating Body of the Seas of East Asia (COBSEA), which has developed a regional action plan for the protection of the marine environment from land based activities.

The year 2000 was Cambodia’s first year for participation in regional initiatives as a full-fledged member of ASEAN. As an ASEAN member Cambodia is already participating in various regional economic initiatives, as well as in Greater Mekong Sub-region (GMS) development programs and in the East Asian Economic Cooperation.

The three key conventions to conservation of biodiversity and management of natural resources in the Tonle Sap are CITES, the Biodiversity Convention and Ramsar Convention.

Cambodia’s management authority for CITES is in the MAFF, with scientific authorities respectively in the Departments of Forestry and Fisheries. A recent communication66 from the CITES Management Authority for Cambodia to the CITES Secretariat containing Cambodia’s comments for the 45th CITES Standing Committee Meeting reports as follows:

Since becoming a CITES member in 1997, Cambodia has considered CITES resolutions as a priority. The draft fisheries law includes a regulation on import-export and introduction of species to Cambodia. In order to manage, conserve and protect these resources, the Department of Fisheries has studied some species in CITES lists already, but there are no quantitative studies. Therefore, at the present time they have included these species in the draft fisheries law but have not given detail or determined in which appendix they should be placed.

Cambodia’s key obligations under the Biodiversity Convention is to prepare a national strategy. The Cambodian National Biodiversity Strategy and Action Plan has been prepared to provide a framework for action at all levels that will “enhance our ability to ensure the productivity, diversity and integrity of our natural systems and, as a result, our ability as a nation reduce poverty and improve the quality of life of all Cambodians. Proposed mechanisms for implementing the Strategy and Action Plan include coordinating the implementation of national and international elements of the Strategy through a permanent Interdepartmental Biodiversity Steering Committee and National Secretariat for Biodiversity. The Steering Committee is currently established and chaired by MoE. The objectives are presented according to specified themes including protection of natural resources, freshwater fisheries and aquaculture, environmental security, land use planning, water resources and community participation.

66 Dated 9 May 2001.

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The Biodiversity Strategy and Action Plan67 contains a section on endangered species which would implement CITES obligations. Among the endangered species found in Cambodia are the Irrawaddy dolphin, Siamese crocodile, giant crocodile as well as at least 14 other fish species. Among other animals now considered rare or vulnerable are several species of terrestrial turtles, the spot-billed pelican and several other bird species. Threats to these animals include poaching, egg collecting, pollution, fisheries by-catch and habitat destruction. Some options in the Strategy and Action Plan include enhancing hunting control and monitoring illegal trade, especially for those species listed in CITES, establish a CITES unit, build up capacity of related organizations to CITES and its regulation and implementation, identification of species, rehabilitation of species and their introduction procedures; improving awareness within the country towards the importance of CITES and its implementation and role in conservation of global and local biodiversity. The CITES Convention is managed within the MAFF, and a number of species are being proposed for listing on CITES’ annexes.

Pursuant to the Ramsar Convention, on wetlands management and “wise use”, Cambodia has declared three sites: Koh Kapik and associated islets; Mekong River – Stung Treng; and Boeng Chmar, for a total of 43,000 hectares. The MoE is the focal agency for this Convention, and it developed a national wetland action plan was developed for consideration by the National Assembly in 1998. It states that wetlands cover 30% of the land area of Cambodia, with Tonle Sap the most important wetland site. The proposed Action Plan covered institutional and policy issues, information and inventory requirements for management, a description of the natural aspects of wetlands in Cambodia and management issues and the social dimension of wetland conservation.

3.2 National Laws

Conservation and management of any natural resource is based on a legal framework which has two main purposes:

to regulate human activities through rules and enforcement mechanisms; and to provide for institutional mandates and functioning to carry out the administration of the law.

Management of natural resources in the Tonle Sap is – apart from environmental laws - subject to an array of sector-based legal instruments: fisheries, forestry and wildlife, agriculture, land use, tourism, water/hydrology, rural development and indirectly investment and planning laws. Annex B sets out the existing laws of key sectors, together with a brief explanation of their objectives and provisions.68

The current legal framework addresses the two purposes noted above, both at national level and Provincial/ Municipal level. However, there are many problems, as noted in the section below on Overview of Existing Laws. These include overlapping mandates, uneven implementation, monitoring and enforcement, inconsistent permit and registration systems, financial management in relation to fees and fines, no consistent mechanisms to declare and manage protected areas. In addition there is a need to: build a framework for community level management; introduce conflict resolution mechanisms; establish a system of restoration of habitat; and strengthen existing requirements and institutional mechanisms for consultation and coordination

The current climate of law reform in the Kingdom of Cambodia is encompassing most of these sectors, providing an opportunity for improved integrated management among Ministries and meaningful management at the community level. These are described below in the section on Overview of Proposed Laws. In particular, revised legal instruments for fisheries, forestry, wildlife protection and land use are at advanced stages in the legal process, and community based management of forestry and fisheries are under review. The opportunity is at hand to systematize a range of issues, such as permit systems, registration, endangered species, wetlands, habitat protection, enforcement and penalty levels. Effective

67 Developed with support from UNDP/FAO/GEF and noted above under the section on policy.68 “Laws” or “legal instruments” in this document refers to all instruments having the force of law in Cambodia, such as Laws, Royal Decrees, Sub-Decrees, etc.

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implementation of international instruments, such as the Ramsar Convention and CITES, can be integrated into the reforms.

The law reform process, including institutional arrangements, can be developed to ensure that globally significant biological diversity can be conserved in the Tonle Sap region, and a process of sustainable development can be promoted. An appropriate policy and legal framework should be identified which can take into account ecosystem-based management as well as critical habitats in the Tonle Sap, strengthen community-based natural resource management systems for rural development, and support economic development and natural resource management through the creation of an enabling policy, legislative and institutional framework.

3.2.1 Overview of Existing Laws

3.2.1.1 Environment Laws

Environment laws now in place have been adopted over the past decade, and feature a number of areas which can serve as the foundation for future biodiversity-based management. These are: the 1993 Royal Decree on the Creation and Designation of the Protected Area; the 1996 Law on Environmental Protection and Natural Resource Management; the 1997 Sub-Decree on the Organization and Functioning of the Ministry of the Environment, the 1999 Sub-Decrees on Water Pollution Control, Environmental Impact Assessments, Solid Waste Management, Organization, Structure and Functioning of the CNMC, and the 2001 Royal Decree on the Establishment and Management of the Tonle Sap Biosphere Reserve.

Some common themes of these laws include their focus on planning, development and management, and public participation. A National Environmental Plan and Regional Environmental Plan are required to be decided by the Royal Government and reviewed and revised at least every five years. More so than other existing laws in the Kingdom of Cambodia, they provide for public participation and cooperation with other relevant ministries. The Law on Environmental Protection and Natural Resource Management refers to community participation in natural resource management. A fundamental building block for the purposes of this project is the Royal Decree on the Establishment and Management of the Tonle Sap Biosphere Reserve.

3.2.1.2 Fisheries Laws

Fisheries laws are currently based on the 1987 Decree on Fishery Management and Administration, which aims at ensuring resource conservation and regulation of the exploitation of Cambodia’s freshwater and marine fisheries resources. The 1990 Declaration on the Organization and Functioning of the Department of Fisheries provides current authority for departmental activities. Recent legal instruments reflect some efforts at reform, including the 1999 Declaration on Management and Mitigation Measures for Anarchy in the Fisheries Sector. In 2001, to implement a new policy to release over 50% of the fishing lot areas to small-scale family fishing, Anukrets were adopted on the cancellation and reduction of fishery lots in Battambang Province and elsewhere. Fees for middle scale gear were cancelled by Sub-Decree, and enforcement officers recalled for several months’ retraining. They were redeployed in May 2001, and the military police given lead responsibility for fisheries enforcement.

Some other issues of concern in the existing law have recently been described69 as follows:

The whole Tonle Sap Lake during wet season at maximum water level of 10 meters falls under the fishery domain – including grass lands and rice fields susceptible to flooding. The law fails to mention the existing traditional land uses and rights of diverse stakeholders who rely on wetlands, so the relationship between all fishery domain categories and existing land use is unclear and confused.

69 Bonheur et al., op. cit. note 34.

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The fishing sanctuary is subject to strict protection for fish fauna reproduction, however most of the fishing sanctuaries are believed to be in the wrong place without a clear scientific background, thus offering little contribution to the conservation of fishery resources.

The designation and demarcation of fishing lot boundaries is technically and legally flawed; the law does not provide a transparent mechanism for this. To be constitutional and enforceable, demarcation of fishing lots must be adopted by law or at least sub-decree, not by proclamation. No lot has ever been screened through EIA as articulated under the Sub-Decree on EIAs. Technically, lots are demarcated based on maps adapted form the 1956 Fishery Law without solid and updated scientific information.

Regarding enforcement, fishing lot owners have the rights to provisionally arrest poachers fishing illegally in their lots. This system offers an opportunity for lot owners to fish illegally, while suppressing other fishing. It is recognized that it is the poor fishermen who are arrested and prosecuted.

Regarding the open access fishery for middles scale and small-scale family fishing, Family fishing is being compromised by recent abolition of the tax on middle scale fishing gear and control of the public areas by powerful men and authority. In some lots, family fishing is not permitted for the entire year, and the burden book has never been exposed to public scrutiny or awareness (note the high level of illiteracy would require verbal explanations of the contents of the burden books).

There are a number of areas which are essential for fisheries management, but overlap with mandates of other departments and ministries, the key areas being forestry in respect of flooded forests, wildlife, environment and land use. Designation of new fish sanctuaries is being undertaken, so it will be complementary to the management of the Tonle Sap Biosphere Reserve. Although current fisheries laws do not generally specify cooperation with other Ministries, this is occurring in practice to some extent as the reform process evolves.

3.2.1.3 Forestry Laws

Existing forestry laws have been under revision for some time, and include the 1986 Resolution on the Role, Responsibility and Organization of the Department of Forestry and the 1988 Forest Law on Forestry Administration. Similar to Fisheries, a 1999 Declaration was issued on the Management and Mitigation Measures for Forest Anarchy.

In the Tonle Sap region, the most important components of the forestry laws relate to the flooded forests, which serve as habitat, and wildlife-related laws. Designation of protected areas in this context is important for purposes of conservation and management.

Current draft forestry legislation being reviewed by the RGC contains provisions relevant to the Tonle Sap area which could overlap with fisheries legislation - it declares that wetlands and flooded land covered with natural or planted trees shall be considered a forest; and that species of reptiles, amphibians and mammals considered to be part of the forest reserves are to be managed under the Forestry Administration. A forest development fund would be set up and administered and managed under a National Forest Development Committee, to be headed by the Ministers of MAFF and Economics and Finance.

3.2.1.4 Land Laws

Currently, only Khmer legal entities and citizens are entitled to own land. Land rights were privatized in 1989 by Sub-Decree No. 25, which is generally recognized as the source of land possession rights in Cambodia today. A fundamental problem is that it uses the terms "possession" and "ownership" inconsistently. This confusion is carried into the current law, the 1992 Decree on Land Law, which currently provides a comprehensive regime for all real property rights, mortgages, succession and other

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areas. It provides that the State retains ownership of the underlying land upon which the residence is situated. It is left to the commune and district authorities to "recognize" the rights granted in the sub-decree. Instruction 03 authorizes the procedure for applying for land rights.70 The 1992 Land Law, Sub-Decree No. 25 and the Instruction all declare the land of Cambodia to be the property of the State.

The laws recognize the right of Cambodians to private rights of ownership over houses and residential land, but are contradictory as to whether rights of ownership can be acquired, or are over agricultural land.

The 1999 Sub-Decree on the Organization and Functioning of the Ministry of Land Management, Urbanization and Construction designates among the Ministry’s mandates managing land affairs, urbanization, construction, land tenure and geography. Its responsibilities include proposing and implementing a land management policy ensuring a balance between urban and rural development, prepare zoning for economic, social, industrial, tourism, urban and rural development, nature conservation, and cooperate with the Ministry of Environment to protect the environment, protected landscape, natural recreation and ecosystem. It is to manage and disseminate maps in cooperation with relevant agencies.

Regarding land use, there are essentially no legal restrictions on land use at the present time, apart form delineation of land reserved as public property by the State, and the requirement of permission from "competent authorities" for new constructions or changes in the use of a building.

In May, 1994 the National Assembly adopted a Law on Organization/Management of Territory, Urbanization and Constructions, also referred to as the Zoning Law. The Law establishes national and provincial/municipal zoning committees to develop land use plans for each capital city, province and municipality. The plans are required to delineate zones reserved for various uses, including national defense, agriculture, commerce, industry, handicrafts, culture, tourism, religion and public and administrative land. The committees are headed by the governor of each province or municipality, and typically have representatives from the agriculture, planning, environment and land title departments. Reportedly, in 1996, the committees were still in the initial planning stages and have not yet developed or adopted zoning plans.

The zoning law (Art. 14) requires that every construction and physical transformation, or change in use of any construction, shall require permission from the competent authority", and that documents certifying land ownership must be attached to the request. The extent to which these provisions are enforced is not well known, thought it is understood that they are utilized far more frequently in urban than in rural areas.

The Land Law provides (Art 5) that private rights may not be granted over "forestry reserve, fishery reserve, water reservoir for mining purposes, cultural and historical patrimonies, monasteries, deep forests, schools, parks, public hills, old public buildings, land reserved for road construction and road maintenance, railroad, rivers and seas". Difficulties which arise in the application of this law, and for which there is no clear legal basis for resolution, include:

rights to land formerly reserved for a road or forest land that has, since Khmer Rouge time, been occupied;

rights to river recession beds or edges or reservoirs used during the dry season for farming; rights to road shoulders in cases where the occupant has a long history of residence.

The process for obtaining certification of rights to land was established in 1989 and remains essentially the same today. The same forms are used for residential plots, rice fields and gardens or orchards.

An application is made, with the commune chief's signature, but while this may help to screen out illegitimate claims, failures to verify the claim, corruption or other factors not infrequently result in more

70 It provides that "ownership" rights over residential land shall be provided to the people in lots up to 2,000 sq./m. Additionally, rights of "possession" and "use" of up to 5 hectares of agricultural land would be provided to families with a history of farming in the local area for at least one year prior to the issuance of the Instruction.

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than one claimant filing for possession of the same plot of land. The land title office accept all applications for title, and apparently do not attempt to check their authenticity. A certificate is issued – "Certificate for Notification of the Right of possession of Real Estate". This appears to reflect the view of "temporary title".

The title certificate is only documentation or evidence of ownership rights; a court can declare one or another party to a dispute the legitimate owner of a piece of property before that party obtains the certificate recognizing his or her rights. Holders of certificates may be said to have ownership under the law and entitled to all the rights and protection accorded to owners. However, the State has not yet provided conclusive documentation of the ownership rights.

Titling can be especially helpful in areas where land has become valuable and is subject to greater competition and disputes, and where the customary tenure system is inadequate to cope with the conflicts.

3.2.1.5 Tourism

The 1996 Royal Decree on the Establishment of the Ministry of Tourism includes, among the Ministry’s responsibilities, determining policy, planning and strategy for tourism development and promoting tourism investment in accordance with the national strategy. It is also to determine, control and maintain natural recreation, artificial tourism areas, cultural tourism areas and tourism development zones.

3.2.2 Provincial – Municipal Laws

Laws have been adopted which specify the organization and functions of Provincial and Municipal departments or committees relevant to management of natural resources in the Tonle Sap region. They are, for the most part, comprehensive, but coherent and consistent implementation and enforcement needs to be achieved. They are as follows:

3.2.2.1 Agriculture, Forestry and Fisheries

1986 Circular on the Role, Responsibility and Organization of the Department of Agriculture – Provincial/ Municipal Departments of Agriculture, Forestry and Fisheries provides for the protection of natural resources in cooperation with other relevant agencies, and to prepare projects for zoning at the district level.

3.2.2.2 Environment

1999 Declaration on the Organization and Functions of the Provincial and Municipal Environment Department - This specifies responsibilities for a range of tasks, including implementing policies, illegal activities in national protected areas, monitoring sources of pollution, inspection, implementation of punishment, data management, public education and an environment education program.

3.2.2.3 Rural Development

1999 Resolution on the Establishment of a Provincial and Municipal Rural Development Committee – This specifies responsibilities as including coordinating and cooperating with foreign governments, international organizations, NGOs, national and provincial agencies, private sector and local people to ensure sustainable development of rural areas.

3.2.2.4 Wetland Natural Resources – Community Management

1999 Statute on Wetland Natural Resource Management – Community - This specifies that the community is to manage the wetland natural resources on a voluntary basis with the unanimity of local residents, and that the commune will respect State law on the forestry and fisheries. Conservation and management

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measures are provided, and roles and rights of the Wetland Natural Resources Management Committee are specified.

3.2.2.5 Provincial/Municipal Authorities – Competence

1999 Sub-Decree on the Competence of Provincial-Municipal Authorities – The objectives are based on the important role played by provincial/municipal authorities in administering the general administrative works, promoting economic development and sustainable environment, and strengthening law enforcement through coordinating functions with the Departments under the indirect control of line ministries. Responsibilities are identified under the categories of preparation of planning and development programs, land management, urbanization and construction, public works and public service.

3.3 Overview of Draft Laws

As noted above, revised legal instruments for fisheries, forestry, wildlife protection and land use are at advanced stages in the legal process, and community based management of forestry and fisheries are under review. A table of the draft laws is shown in Annex **.

3.3.1 Environment – TSBR Secretariat

A draft Sub-Decree has been prepared on the Establishment, role and Functions of the Secretariat for the Tonle Sap Biosphere Reserve (TSBR). The Secretariat is established under the Secretary General for the Cambodia National Mekong Committee to coordinate and strengthen communication and cooperation among relevant agencies, provincial authorities and local communities in the protection and sustainable management of the TSBR.

The Secretariat is to include relevant Ministries and members. It will be administered by a director and deputy director assigned from MAFF. The Secretariat consists of staff members assigned from the ministries which are members of the Cambodia National Mekong Committee (See Annex B, footnote 1). The Technical Coordination Unit for the Tonle Sap, which operates to promote and develop the TSBR, shall serve as members for the Secretariat.

The functions of the Secretariat include development of strategies and mechanisms to achieve the functions of the TSBR, coordinate the establishment of an integrated database management system, coordinate the review of the existing laws, regulations, and practices incompatible with sustainability of natural resources, and establish networks with local communities, stakeholders and NGOs. The draft sub-decree is expected to be submitted to the Council of Ministers by July 2001, after finalizing amendments which designate CNMC as director and appointees from MoE and MAFF as Deputy Directors.

3.3.2 Fisheries

The Department of Fisheries, in reforming the fisheries law, is looking to address the most efficient and cost effective strategy for fisheries management. The primary focus of inland fishery management is the fishing lot system. Fishing lot boundaries will be reviewed to exclude villages, private property and traditional community fishing areas and to include all remaining inundated forest not presently under any working management arrangement. MAFF is seeking external technical assistance for Fisheries Inspection Programs covering capacity building at the DoF, the demarcation of fishing lots and sanctuaries, rehabilitation of freshwater fisheries, expansion of aquaculture production, and enforcement of compliance with the fisheries law.71

A draft Fishing Law was finalized in May 2001 by the Department of Fisheries, and is expected to be available for public comment in the near future. Three regional workshops will take place to consider it, and a national consultation is scheduled for September. Its chapters relevant to the Tonle Sap area include the fishery domain, fishery administration, sustainability of fishery management, management of the

71 Discussion Paper, op. cit. note 1.

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fishery domain, management of the protected flooded area, fishery exploitation in the inland fishery domain, management of aquaculutre, licensing, community fisheries, monitoring, control and surveillance, proceedings for violations, penalties, implementation of judgments.

A number of Sub-Decrees are being prepared to implement the draft law, and those relating to community fisheries management, and reform of the auction system and burden books are expected to be implemented prior to adoption of the law. In fact, the Department of Fisheries has already begun the reform process in anticipation of adoption of the sub-decrees. The Sub-Decree on the Establishment of Community Fisheries has been circulated for public comment, and redrafted for transmission to the Council of Ministers. This Sub-Decree establishes a framework for community-based management, in cooperation with technical institutions and others. The draft Sub-Decree relating to the auction system and burden book reform follows the release of over 50% of the less productive lots, and is expected to improve management of the remaining lots and will make the process more transparent and favorable to residents of the Province where the lot is located.

All together, the legislative agenda of Department of Fisheries for sub-decrees, proclamations and decisions is as follows. It serves as the basis for the work programme for the legal drafting committee in the Department. It is ambitious and comprehensive, and many of the instruments are relevant for fisheries management in the TSBR.

Sub-Decrees

Determination of the Fishery Management Area Spawning season, fishing season for regions and other aquatic animal species Hiring the inland fishing lot and payment of the Fishery Domain fee Transportation and business of fishery products Establishment of community fisheries Title rank and use of weapons of the Fishery Administration Officer

Proclamations

Determination of the limits of the maritime boundaries of the Inshore Fishery Zone Organization and ongoing works of the Department of Fisheries Determination of fishing gears allowed to fish in the Inland and Marine Fishery Domain Determination of size of fish fingerlings, other aquatic animal larvae and ornamental shells Determination of the endangered aquatic animal species Determination of the bird water species Setting a limit area for bamboo fence and trap fishing in the Great Lake of Tonle Sap Determination of technical conditions of management of a fishing vessel Determination of conditions for port calls by any foreign fishing vessel Determination of transshipment of fish caught Determination of aquatic animal species requiring a license for culturing in the fresh water and

marine domain Determination of ornamental fish species Determination of fish processing and the rate of payment for sanitary fisheries Competent authorities in issuing fish permission and special permission Determination of permission letter sample and application form of fish license and other

conditions Determination of the boundaries of the area managed by community fisheries Duties and conditions for working of fisheries monitoring, control and surveillance Determination of fishery administration officer who shall swear the oath, formation of uniform

and symbol sign of Fishery Administration Officer Determination of format letter for payment of fine Interministerial Proclamation on “The use of format letter of legal process of fishery law

violation”

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Decisions issued by the Department of Fisheries

The sample of the fishing lot burden book format The sample of the fishery statistic book and reporting forms The sample of logbook License for using fishing vessel The form, administration, condition and technical aquaculture The sample of certificates on fish health and sanitation Bylaw, regulation and community fisheries management plan

3.3.3 Forestry Law

The RCG’s Progress report on forestry policy reform prepared by the MAFF notes that the draft Forest Law has been prepared, and subject to public consultation. However, the draft law still contains some ambiguities, especially regarding the assignment of responsibility and jurisdiction among the MoE and MAFF. Some Articles are thought to undermine the mandate of the Ministry of Environment regarding protected areas and EIAs.72 Moreover, the provisions regarding the structure of the Department of Forestry and Wildlife, forest registration and procedures for the collection of timber royalties require further elaboration. MAFF has submitted this for discussion at an interministerial meeting to allow relevant ministries to contribute to the provisions that are specific to them, and at the time of writing a submission to the Council of Ministers by the NGO Forum is scheduled for June 2001.

The draft Forestry Law provides a legal framework for:

establishing the role and power of government agencies in forest administration and enforcement forest classification including the establishment of a permanent forest estate establishing the rights and obligations of all parties involved in forest exploitation forest revenue collection private and community forestry conservation and protection of forest and wildlife forestry crimes and penalties

A Sub-Decree on the Establishment of Community Forestry has been drafted, which would protect flooded forests, and a draft Wildlife Protection Law has been prepared. Some issues for future consideration will be the species to be regulated by the Wildlife Protection Law, and any consequent overlap with the fisheries law.

3.3.4 Wildlife Protection Law

A draft Wildlife Protection Law is being considered by government. The broad objectives of the draft Wildlife Protection Law, as stated in Article 5, are to:

provide a clear regulatory framework regarding the management, use and conservation of wildlife and habitat;

establish the management authorities for wildlife issues and provide the duties and functions; define the prohibited and permitted activities and procedures regarding the wildlife use; list the offences, penalties and enforcement procedures; implement certain provisions of CITES; establish the Lists of endangered and vulnerable wildlife species in Cambodia; promote the education and awareness of wildlife issues.

Although the actual distribution and number of significant wildlife species has not been well documented, initial reports have revealed that populations have declined in recent years due to illegal poaching and trade. (Phipps, 1994; Ashwell, 1997; Khim, 2000). Most reports have concluded that a major problem in 72 Articles 16 and 25.

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controlling wildlife trade in Cambodia is the lack of clear policies and explicit legislation to protect wildlife both at the national and local levels. In fact, there has never been a law enacted in Cambodia to regulate and conserve wildlife and although Cambodia signed CITES in 1997 it still has not been ratified by the National Assembly.

Until a wildlife law is enacted there may continue to be a lack of consistency on procedures and jurisdiction governing wildlife. In the present system, there is no consensus between the relevant ministries on wildlife management and enforcement and practices in each province vary based on political power rather than uniform policies. This applies to wildlife in the TSBR.

3.3.5 Land Law

A draft land law is before the National Assembly, radically overhauling the 1992 Land Law. It is called the Immovable Property Bill. This is being done in the context of a core national program consisting of the development of a national land policy, improved management of the national land stock, commencement of systematic land registration, tax reform, establishment of a legal framework to enforce property rights, establishment of provincial, municipal and national master plans and zoning and the development of rural housing. 73 It is anticipated that some 15 Sub-Decrees will be required to implement the draft land law.

Some of the objectives of the draft land law are securing land tenure, providing a basis for reduction in land ownership conflicts, and facilitating land management, natural resource monitoring and state property protection.

A pilot systematic land registration project has been conducted using state-of-the-art technology and delivered land title certificates for the first time to the inhabitants of Samrong District, Takeo Province. It is estimated that it will take 15 years to survey land for titling purposes, based on an estimated 8 million titles.

The key issues during the law reform process have included:

Concessions – for grants of medium to large scale agricultural projects, to define the areas or types of areas where concessions of various types may be granted; the conditions to be placed on concessions of various types; public participation and transparency in decisions to grant concessions.

Land Titling and Registration. State Property: Ownership of state property should be clarified in law and maps. Land Use Management: development of policies and guidelines on the use and management of

law,

3.3.6 Law on Water Resources Management

There is no comprehensive water law in Cambodia. A draft law on water resources management has the goal of promoting effective water resources management in Cambodia for socio-economic development and welfare of the population, and to ensure a sustainable environment. Its objectives include establishing principles such as management, monitoring, utilization and protection of water resources to ensure their proper development. Water includes rivers, oceans, streams, creeks, lakes, etc., and utilization includes large-scale projects – which require licensing - such as construction of dams, diverting or pumping water, construction of industrial buildings near water resources, large building construction along river banks and dumping of waste materials and other pollutants with a heavy impact on water quality and the environment.

The Ministry of Water Resources and Meteorology is responsible for implementation, but there remain significant difference of opinion between agencies as to appropriate roles and responsibilities, the types of water rights which should be granted, for what duration, and the way in which these should be allowed to

73 See Discussion paper, op. cit. note 1.

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be transferred. Other relevant laws and regulations exist, such as the 1999 Sub Decree on Water Pollution Control, but a negotiated agreement on the law is said to remain elusive.74

The Ministry, in cooperation with other institutions is authorized to declare protected watershed areas in the draft legislation. In considering project proposals, it is charged with concentrating on striking a balance between development requirements and environmental protection, and preserving fishing and wildlife. Chemical fertilizers and insecticides can be prohibited where they impact on water sources.

Issues that may be considered in the development of Cambodian water use law include:75

clarification of jurisdiction of the State over water resources, including groundwater, and of the boundaries of State and private ownership;

clarification of the institutional jurisdiction, powers and responsibilities of the various ministries with authority over water resources development and management;

clarification of the licensing and permitting requirements for construction that affects waterways; creation of entitlements to and licensing of private water use rights; substantive basis for allocation of water use rights; creation of authority to charge for the use of water, or other cost recovery mechanism; criteria for social, economic and environmental evaluation of water projects.

3.4 Preliminary Assessment of Weaknesses in Existing Legal Framework

The existing legal framework is, for the most part, being overtaken by reform. The constitution of Ministries and Departments, including fisheries, forests, agronomy and land, was effected many years ago before the emergence of issues such as biodiversity, integrated natural resource management and community based resource management. Some recognition is being given to current needs by recent environmental laws, especially those establishing the CNMC and Tonle Sap Biosphere Reserve (and the draft sub-decree establishing a TSBR Secretariat) but these are management-oriented and still need further legal and institutional development to become strong, credible agencies. In addition, clarification is needed on the kinds and level of degradation, etc. that is needed to contravene the TSBR Sub-Decree. Similarly the laws regarding pollution and hazardous waste need strong enforcement mechanisms.

Another area of law which will need further clarification and strengthening – both legally and in terms of capacity and institutional strengthening – are the mandates and operation of provincial/municipal offices. This would be consistent with decentralization/deconcentration policies, and the new law on commune administration. They will need to ensure that their mandates are consistent with the requirements of the reformed legislation, and as appropriate to accommodate the proposed legislation on community-based management of fisheries and forestry.

As noted above, existing fisheries and forestry/wildlife laws have overlapping competence and interests, especially in terms of flooded forests and species regulated, even though they share the same Ministry. Declaration and recognition of protected areas, or sanctuaries, should be done with improved coordination which is now largely a matter of informal practice. The ecosystem, or biodiversity approach does not feature in existing fisheries or forestry laws, and the lack of provision for community-based management is being addressed by draft Sub-Decrees for each Department (the success of these legal initiatives will depend on many other factors). In addition, there is the overlay of the Department of Agronomy and its mandate to manage/administer the use of agricultural lands, and the draft law on Water Resources and Hydrography.

74 “Tonle Sap”, op. cit. note 4.75 See Sondheimer, Joshua N., "Issues in Land Tenure and Water Use in Cambodia", A Background Paper in support of a Strategy for Rural Economic Growth in Cambodia, prepared for US AID, Phnom Penh, 23 September 1996. The issues described in this paper are said to remain current.

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Permit administration processes for fisheries, forestry and wildlife and environment are not formally integrated with each other, or in the land titling system in existing law. Also, identification of species, areas and habitat that need protection in the Tonle Sap area are not now formally coordinated.

Apart from a 1998 Decision concerning the creation of a Commission for Resolving Land Issue in the Provinces and Municipalities throughout the country, a significant weakness in the laws is the absence of conflict resolution. This could be an important feature of community-based management systems.

A system for restoration of habitat or the environment is not directly provided by existing law. This could occur upon declaration of a specified area, or as a penalty for polluting or otherwise causing damage to the environment.

3.5 Coordinated Reform

Coordinating agencies, such as the CNMC and TSBR Secretariat, can play a key role in enhancing cooperation in the development of joint legal instruments and cooperative management regimes among agencies. The following recommendations, among others, form part of the Cambodian draft document prepared for the recent UNESCO International Conference on Biodiversity and Society:76

The fishery, forestry and land reform, including revision of the related laws, should provide clear regulations for transparency and accountability in administration, decision making and policy development related to the state property management. Fishing lots, agricultural/land development and forestry concessions for instance, need consultations with and large endorsement from the people affected before such permit is warranted. An independent audit system should be created to check the technical and legal compliance and performance of the contractors and the concerned authority. In case of fishery reform, along with allocation of fishing grounds for community management, equal attention should be given to the reform of fishing lots. The economic benefit of such reform should be well interpreted to the decision-makers.

Clear provisions on resources security, particularly for the majority of the rural population, should be endorsed by focusing on land tenure, access rights to common property, property rights and conflict resolution. Rural communities must have the rights to equitable use of the resources for improved living standard.

The allocation of fishing grounds to community based management needs constant technical and legal support from the government, in terms of capacity building in community resources planning and control, resource sharing and conflict resolution. An interministerial committee at district or commune level may be established to provide proper policy and facilitate peaceful conflict resolution. Replacement of soldiers by policemen would decrease violent conflicts. Zoning for small scale and middle scale fishing with clear provision on gears and methods should be defined. Small-scale community fishing lots based on joint ventures of a number of families can be initiated.

Reform of fishing lots associated with the core areas of the TSBR needs to focus on a number of key issues, namely the replacement of militiamen or guards by park rangers, prohibition of fishing in a sensitive area of rich biodiversity, strict compliance to the fishery law and management plan, enhanced transparency in auction and fishery management by providing unconditional access to areas under question for a competent authority or interministerial body. The periodic

76 Bonheur et. al. op. cit. note 34.

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review of these fishing lots should be strictly carried out and the results made public. All of these should be specified in the burden book, fishery law and management plans.

A regional environmental plan has to be developed for the Tonle Sap region to guide sustainable development and prevent adverse environmental effects.

While initiatives have been taken to implement the international obligations of the Royal Government of Cambodia, such as the Ramsar Convention, Convention on Biodiversity or the Convention on International Trade in Endangered Species, existing legislation, on the whole, could be strengthened through improved awareness and enforcement of existing laws and legal and institutional reform to achieve more focused/cooperative conservation and management. Implementation of the 1995 Agreement on Sustainable Use of the Mekong River Basin through the CNMC, and establishment of the TSBR Secretariat are focal to coordinated management efforts.

Providing an adequate legal framework for the TSBR is one of the four project objectives described in this Inception Report. Central to this task is ensuring:

that both national and sectoral policy development take this objective into account; and coordination among ministries and levels of government in the policy and law reform process.

In this regard, it is noted that not included in the objectives of the proposed TSBR Secretariat undertaking of coordination of laws and policies, but the draft Sub-Decree expressly gives it the mandate to “coordinate the review of the existing laws, regulations, and practices incompatible with sustainability of natural resources.” Development of a process, work plan and outputs in this regard, approved by CNMC members, could be useful in the overall process of reform, especially since CNMC reports directly to the Council of Ministers.

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Annex A

Organization Chart of the Secretariat for Tonle Sap Biosphere Reserve (TSBR)

CNMC

Secretary General

Policy and Strategic Coordinator

Projective DepartmentAdministrative Department Planning Department Secretariat for TSBR

Research, Monitoring and Information Administrative and Finance


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Organizational Structure of the Ministry of Rural Development

ANNEX B Existing Laws of Key Sectors for the Conservation & Management of Natural Resources in the Tonle Sap

TITLE OBJECTIVES PROVISIONS MINISTRY

Minister

Cabinet

Advisors

Department of Training and

Education

Department of Planning and Public

Relations

General Directoratefor Administration,

Finance and Planning Affairs

Department of Administration and

Personnel

Department of Procurement and

Finance

GeneralInspection

Secretariat

Inspection of Administration and Technical

Inspection ofFinance Affairs

Department of RuralHealth Care

Department of RuralWater Supply

Provincial RuralDevelopment

General Directoratefor Technical

Affairs

Department of RuralEconomy and Development

Department of Community

Development

Annex VIII – Maps of Tonle Sap

1993 Constitution Article 59, proclaims the obligation of the

Royal Government of Cambodia to protect the environment and ensure the balance of the natural resources.

RGC

ENVIRONMENT1993 Royal Decree on Creation and Designation of Protected Areas

Protect the environment, manage natural resources, conserve biological diversity and ensure sustainable development in the national system of protected areas.

Prescribes the responsibility for the national protected areas system, which includes planning, development, and management; designation of national parks, wildlife sanctuaries, protected landscape, and multiple use management areas; amendment and application.

MoE

1996 Law on Environmental Protection and Natural Resource Management.

Protect, manage and enhance the environment, and to promote socio-economic development in a sustainable way.

National and regional environmental plans; environmental impact assessment; natural resources management; environmental protection; monitoring, record-keeping and inspection; public participation and access to information; environmental endowment fund; and penalties.

MoE

1997 Sub-Decree No. 57 on the Organization and Functioning of the Ministry of Environment

Supervise and manage the environment throughout the Kingdom of Cambodia. In particular:Protect and promote environmental quality and public health through the prevention, reduction and control of pollution;

Assess the environmental impact of all proposed projects prior to the issuance of a decision by the Royal Government;

Ensure the rational and sustainable conservation, development, management and use of the natural resources of the Kingdom of Cambodia;

Encourage and enable the public to participate in environmental protection and natural resources management;

Suppress acts that cause harm to the environment.

A National Environmental Plan and Regional Environmental Plans are required to be decided by the Royal Government and reviewed and revised at least once every five years.

The planning and management of the protected area systems, the supervision and coordination of the protection and conservation of the environment fall under the responsibility of its Department of Nature Conservation and Protection.

The provincial/ municipal department of environment is under the direct control of the Ministry of Environment, responsible for the supervision and management of environment in its province/municipality.

MoE

1999 Sub-Decree No. 27 on Water Pollution Control

Determine water pollution in order to prevent and mitigate water pollution in public waters, and thus ensures

Prescribe disposal of waste and hazardous substance, permit of effluent, pollution control, and procedures of inspection; the standards of discharge/disposal of waste.

MoE

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human health and conservation of bio-diversity

1999 Sub-Decree No. 72 on Environmental Impact Assessment

Determine environmental impact assessment on private and public projects and activities, which are reviewed and assessed by the Ministry of Environment before the Royal Government's approval;

determine type and size of proposed, existing projects and activities of both private or public sectors, which are subject to EIA;

promote public participation in EIA process and public hearings in the process of project approval.

Prescribes institutions' responsibility; EIA requirements for proposed project, procedures for the process of review and assessment of proposed projects, and existing activities, and terms of project approval.

Note subsequent 2000 Prakas on Guidelines for Conducting Environmental Impact Assessment Report.

MoE

1999 Sub-Decree on Solid Waste Management

Regulate solid waste management to ensure the protection of human health and the conservation of biodiversity.

Applies to all activities relating to the disposal, storage, collection, transport, recycling, dumping of garbage and hazardous waste, and includes household waste management, hazardous waste management and monitoring and inspection of hazardous waste management.

MoE

1999 Sub-decree on Organizational Structure and Functioning of the CNMC.

Establishment of CNMC as a national institution77 accountable directly to the Royal Government of Cambodia to assist and advise RGC in all matters relating to the formulating of water policy, strategy and management and development of the water and related natural resources of the Mekong River Basin..

To study and advise the government on all matters related to the planning, formulation of strategy for the development, management and preservation of Mekong River water and related resources;

To cooperate with and follow up other institutions concerned, including line agencies, provincial and municipal authorities in implementing all relevant decisions of the government relating to the Mekong River;

To promote cooperation with other member States’ NMCs and donor community n the investigation, development, management and preservation of the Mekong water and related resources, in conformity with the principle of equitable and reasonable benefit for all member States.

RGC

77 There are ten line ministries (members) in the CNMC: Ministry of Public Works and Transport, Ministry of Water Resources and Meteorology, Ministry of Environment, Ministry of Agriculture, Forestry and Fisheries, Ministry of Foreign Affairs and International Cooperation, Ministry of Industry, Mines and Energy, Ministry of Land Management, Urbanization and Construction, Ministry of Rural Development, Ministry of Planning.

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2001 Royal Decree on the Establishment and Management of Tonle Sap Biosphere Reserve

Establishment of Tonle Sap Biosphere Reserve in accordance with World Network of Biosphere Reserves

Conservation, development and logistic functions, with three core areas, a buffer zone and transition area.

MoE

FISHERIES1987 Decree No. 33 on Fishery Management and Administration

Aims at ensuring resource conservation and regulation of the exploitation of Cambodia's freshwater and marine fisheries resources.

It defines fisheries and categorizes fishing areas in inland water. Fishing in freshwater or seawater is subject to the government tax, except family fishing. Fisheries exploitation, aquaculture, transportation and storage of fish product, and fish processing must be permitted.

Provisions also address access control, gear restrictions, closed seasons, the designation of fish sanctuaries and prohibited species.

MAFF

1990 Declaration No. 1470 on the Organization and Functioning of the Department of Fisheries

Establishes DoF in the Ministry of Agriculture.

DoF’s responsibilities include: Develop and implement plans and legal instruments for fisheries; Prepare, enhance and maintain fishery areas; Conduct scientific research and disseminate fisheries scientific and fish processing information; Build material base for fisheries, and undertake training on fisheries to fishery staff; Search for and investigate fishery abuses, solve violations, and if necessary, arrest violators, evidence or destroy evidence; Ensure fish production circulation inside the country and for export; Lead and instruct the provincial and municipal fishery offices in terms of techniques, and control over their law enforcement.

MAFF

1999 Declaration No. 02 on Management and Mitigation Measures for Anarchy in Fisheries Sector

Specifies measures to prevent illegal fishing and strengthen enforcement.

Includes provision that Provincial authorities, armed forces, and relevant agencies must urgently cooperate with fisheries authorities to stop illegally selling protected fishing areas and reserve, which are used for the people's fishing subsistence, small-scale fishing, or family fishing, to private sector.

DoF

2001 Anukret on the Cancellation and Reduction of Fishery Lots in Battambang Province and Reservation for Family-Scale Fishing

Cancellation of specified fishing lots for 2001-2.

Cancelled and reduced lots to be reserved for family scale fishery.MAFF to organize fishery communities to supervise these cancelled and reduced lots.

MAFF

2001 Sub-Decree Number 24 on elimination of fees for middle scale fishing gear

Cancellation of fees for middle scale fishing gear.

Middle scale gear not allowed to be used for fishing during the closed season.

MAFF

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FORESTRY1986 Resolution No. 608 on the Role, Responsibility and Organization of the Department of Forestry

Establishes the role, etc. of the Department of Forestry and Wildlife

Mandate includes developing legal instruments to ensure the protection of forest resources and wildlife, and the development of forest.

MAFF DoFW

1988 Forest Law or Decree on Forestry Administration (State Council No. 35)

Governs forestry activities and administration.

Regulates logging, timber floating, hunting, competence for solution and regulation of illegalities. Exploitation of forests is permitted and subject to government tax, protection and conservation of forest. Hunting is prohibited. All sectors of society are obligated to protect forests. Forests are divided into different types and areas for exploitation, concession, conservation and protection.

MAFF

1999 Declaration No. 01 on Management and Mitigation Measures for Forest Anarchy

For the effective implementation of 1988 Decree on Forestry Administration, 1993 Royal Decree on the Creation and Designation of Protected Areas System, and 1996 Law on Environmental Protection and Natural Resource Management.

Measures include preventing and stopping illegal exploitation, buying and sale, and transport of forests, hunting of wild animals of any kind, encroachment of forest land in protected areas, reviewing concession forest agreement, replanting forest, preparing draft law to conserve and manage forest throughout the Kingdom.

DoFW

LAND LAW1992 Decree #100, Land Law, 1992

Provides a comprehensive regime for all real property rights, mortgages, succession, contract of sale, reservation of these rights and penalties.

The property rights of land are provided by the Government and possessed by Cambodians only. Foreigners may hire land for use in accordance with the Investment Law, 1994. Property rights with land use titles or land ownership in the fishery and forest reserves, the mineral, cultural and historical patrimonies, schools, old public buildings, parks, public hills, land reserved for roads, waterways, and rail, and rivers and seas are still state property.

However, the law does not implement the broader policy set forth in the 1993 Constitution, that all citizens have the right of land ownership.

MLMUPC

1998 Decision 47/1998 concerning the Creation of a Commission for Resolving Land Issues in Provinces and Municipalities throughout the Country

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1999 Sub-decree No. 62 on the Organization and Functioning of the Ministry of Land Management, Urbanization and Construction

Ministry is responsible for supervising and managing land affairs, urbanization, construction, land tenure and geography of the Kingdom of Cambodia, except those areas or competence the Royal Government has delegated to another agency.

Responsibilities include:Propose and implement land management policy ensuring balance between urban and rural development;Study and analyze future land use management;Prepare zoning for economic, social, industrial, tourism, urban and rural development, nature conservation, protected cultural heritage, infrastructure, transportation, public administration, ... in cooperation with relevant agencies;Cooperate with the ... Ministry of Environment to protect the environment, protected landscape, natural recreation and ecosystem.Research and develop standards related to land management and use through GIS;Draw plan of land and issue land titles in the Kingdom, and ensure land conservation.Manage and disseminate maps in cooperation with relevant agencies, which produce skilled maps, in order to make a uniform of maps through GIS;Provide education, training and awareness on law, regulations and professional techniques related to land management, urbanization, construction, land tenure and geography.

MoLMUC

PROVINCIAL – MUNICIPAL LEVEL1986 Circular No 37 on the Role, Responsibility and Organization of the Department of Agriculture - Provincial/Municipal Departments of Agriculture, Forestry and Fisheries.

Establishes the role, etc. of the Provincial/ Municipal Depts of Agriculture, Forestry and Fisheries.

Mandate includes: to develop plans for agricultural, forestry and fisheries sectors; to protect natural resources such as forests, water, fisheries in cooperation with other relevant agencies; and to prepare projects for agricultural, forestry, and fishery zoning to the district level.

MAFF

1999 Declaration On Organization and Functions of the Provincial and Municipal Environment Department

Provincial and Municipal Environment Departments are the local institutions under the Ministry of Environment, and responsible for conducting and managing the environmental issues within their departments.

Responsibilities include:

Carrying out the environmental and sustainable development policies;

Monitoring advising on sustainable practice to local authorities and relevant departments

Following the ministry supervision and cooperation with local authorities, crack down on illegal activities happening in national protected areas, and develop a proposal on the extension of protected area or creation a new one;

MoE

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Monitoring the sources of pollution, and taking measure to decrease it, following environmental law and MoE declarations;

Cooperation with relevant authorities and institutions to conduct an inspection; Implementing the interim punishment following declarations issued by ministry of environment;

Managing the environment data, educating public concerning to environment protection and resources management;

Developing and implementing the environment education program;

Seeking funding to support the environment protection and conservation activity.

1999 Resolution No. 02 on the Establishment of Provincial/Municipal Rural Development Committee

Committee is under the control of the Ministry of Rural Development


Developing human resources, and creating vocational school for people;

Coordinating and cooperating with foreign governments, international organizations, NGOs, national and provincial agencies, private sectors and local people to ensure sustainable development of rural areas;

MRD

1999 Statute on Wetland Natural Resource Management Community

Collaboration of Target Villages of Prasat Village, Vihea Thom Commune, Kompong Seam district, Kompong Samnanh Village, Mean Commune, Prey Chhor District, Thmey B Village, Rokar Koy Commune, Kang Meas District, Kompong Cham Province

Manage and conserve products and sub-products of forest, aquatic resources and wildlife; eliminate forest clearing for farming and dry season rice fields; create and enhance shelters for aquatic life and all kinds of wildlife; improve living standards of poor fishermen through augmentation of natural resources; take part in the implementation of government policy concerning the prevention and preservation of forest and aquatic resources; conserve water quality and quantity in Boeung Thom.

The community manages the wetland natural resources on a voluntary basis with the unanimity of the local residents; the commune will respect State law on forestry and fisheries.

Conservation and management measures are provided, e.g. prohibitions on clearing forests, fishing, catching wildlife in protected zones, etc.

Roles and rights of the wetland natural resources management committee are specified.

MoE

1999 Sub-decree No. 29 on Limitation of Competence of

Provincial/Municipal Authorities play an important role in

Responsibilities fall under the headings of:Preparation of Planning and Development Programs;

MoI

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Provincial/Municipal Authorities

administering the general administrative works, promoting economic development and sustainable environment, strengthening law enforcement through coordinating functions with the Departments under indirect control of line ministries.

Land Management, Urbanization and Construction;Public works;Public service.

TOURISM1996 Royal Decree on the Establishment of the Ministry of Tourism

Supervise and manage tourism.


Determine policy, planning and strategy for tourism development;Promote tourism investment in accordance with the national strategy;Manage tourism industry;

Direct and monitor tourism services;Determine, control and maintain natural recreation, artificial tourism areas, cultural tourism areas, and tourism development zone;

Promote professional training on tourism;Conduct tourism research and marketing; and

Sign agreements related to tourism.

MoT

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Annex 2K: Provincial Workshops

Following initial rounds of stakeholder consultation in the provinces in June-July 2001, a summary of the first draft of the TSCP project brief was translated and distributed in August 2001. This provided the basis for a series of provincial stakeholder workshops in the five Lakeside provinces:

1. Kompong Thom - 11 September 20012. Kompong Chhnang - 13 September 20013. Pursat - 21 September 20014. Battambang - 26 September 20015. Siem Reap - 28 September 2001

Brief reports of these five provincial workshops follow below.

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UNDP-GEF Tonle Sap Conservation ProjectProject Brief Consultation Meeting, Provincial Governor’s Office

Kompong Thom Province, 11th September 2001

Opening RemarksMr. Wayne Gum, UNDP – GEF Part Specialist, Mr. Sao Vannsereyvuth, UNDP – GEF National Project CoordinatorWelcome speechH.E. Som Sophat, Second Deputy Governor

The project has been drafted in English, and then translated into Khmer. The objective of this meeting is to allow provincial level stakeholders to provide comments and suggestions on the Project Brief in order to improve the effectiveness and efficiency of the Project.

Additional comments after this meeting can be sent to the Project team directly to the CNMC or with the Governor during the planned national workshop to discuss the Project Brief and the next scheduled PAC meeting.

The planned Tonle Sap Conservation Project has three funding sources: the UNDP-Global Environment Facility, Capacity 21, and ADB. Each institution has a particular focus that will be closely coordinated and combined into one Project:- UNDP-GEF: this is a grant fund that will be primarily used for conservation and

biodiversity/ecosystem protection Capacity 21: this is also a grant fund that will be used for capacity building activities such as

training, in particular at the provincial and local level, especially for community-based fisheries management.

ADB: this is a loan fund that will target infrastructure improvement, fisheries policy reform and rural livelihood improvement

General Comments/Issues:- Most of the participants had not read the Brief. Many had only received the Brief the day before the

meeting or had not yet received- Many of the participants did not understand the technical terms- It was requested for the Project representative to point out the major goal of the Project Brief and

to identify the main points to discuss- The participants were asked to read and comment on the Project Summary and Proposed

Implementation Strategy (Table 5.2), the implementation arrangements (Figure 1) and the Project goals

Comments

1) The Project Brief is too long and difficult to read (too many technical terms, in particular those relating to the Biosphere Reserve). These terms should be explained better (for example, in a glossary). Comment accepted.

2) Figure 1, (the implementation arrangements) is very difficult to understand in particular with regard to the role of each level of the Project Steering Committee (PSC). There is general confusion between the mandate of the Project and the mandate of each institution. The UNDP-GEF team noted that the Project is to be implemented by the Government and therefore there is no conflict with institutional mandates. The PSC needs to be better explained.

3) Need to clarify clearly the duty and responsibilities of each level of the Project implementation arrangements. There are 10 Ministries, 5 provinces and other stakeholders. What is the real duty and responsibility of each stakeholder? When the Project conducts activities and meets problems, which institution is responsible? The UNDP-GEF team noted that the Project would be

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implemented following existing institutional mandates and roles of all the stakeholder organizations. The responsible institution depends on the activity.

4) What is the role and mandate (time period) of the PSC and how are the members chosen? The UNDP-GEF team explained who the proposed members of the PSC are. The members include representatives from the key ministries and donors. They are therefore chosen depending on the mandate of each ministry and donor.

5) What is the relationship between the PSC and provincial departments? The UNDP-GEF team explained that the role of the PSC is to ensure that the Project is following the Project implementation strategy and is reaching the objectives. The PSC does not join in Project implementation activities.

6) Is the protection of wetlands such as the Ramsar Site (Boeng Tonle Chhmar) included in the Project? The UNDP-GEF team explained that the Boeng Tonle Chhmar Ramsar Site is basically the same as the Boeng Tonle Chhmar, Tonle Sap Biosphere Reserve core area and is therefore included in the Project activities.

7) There was general agreement with the Project objectives and time period8) The representative from the provincial department of agriculture noted that the planned ADB

improvement to the Port in Snoc Tru will be expensive and have limited benefits to the poor. Can some of this money be used to deepen five creeks/channels in lot no. 2, in Phat Sanday Commune, Kompong Svey District in Kampong Thom Province? The Tonle Sap Lake is very shallow now during the dry season and may become dry in the future. Deepening these channels will: -

- increase fish production through improved fish migration- provide benefits to all fishers in the Tonle Sap Lake and the Upper Mekong River- recognize the importance of the link between the Mekong River and the Tonle Sap Lake for

fisheries- increase the supply of fish and variety of species in the Tonle Sap Lake in both the dry and wet

season9) It was requested to include the rehabilitation (deepening of channels) of the Tonle Sap Lake in the Project.

The UNDP-GEF team agreed that this should be discussed with the ADB team.10) The boundaries of fishing lots and other fishing areas (for local livelihoods) should be made clear. The

UNDP-GEF team noted that this is included in the Project. 11) The education component of the Project should not be limited to only students but should also include local

authorities and local villagers. Comment accepted. 12) The education component should include the importance of the environment, natural resource management,

protected areas, buffer zones and especially systems for conservation of biodiversity. Comment accepted.

ConclusionAll comments received were accepted by the UNDP-GEF team and where required, explanations given. It was suggested that after this meeting, the participants should read the full Project Brief and send written comments and suggestions to the Project representatives before the scheduled national workshop and PAC meeting.

The main conclusions are as follows: -i. The participants found it difficult to comment on the Brief as they found it too big to read and

too difficult to understand (technical terms)ii. The participants were also confused between the mandate of a Project and their institutional

mandatesiii. The participants were generally unaware of the Project including the designation of a

Biosphere Reserve and the proposed ADB funded interventions

The Provincial Consultation Meeting finished at 12:00 pm.

ParticipantsNo. Name Institution Position1 H.E. Som Sophat Provincial Administration Second Deputy Governor2 Mr. Keo Houn Provincial Police Director3 Mrs. Touch Sithol Department of Women’s Affair Director

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4 Mr. Sam Vong Vathey Department of Education, Youth and Sport

Head of Administration

5 Mr. Leng Sok Phat Sanday Commune Commune Chief6 Mr. Vann Sarath Department of Tourism Head of Administration and

Finance7 Mr. Mam Vuthy Department of Environment Director8 Mr. Ieng Kim Eng Department of Agriculture

Forestry and FisheriesDirector

9 Mr. Em Phean Office of Agronomy Head10 Mr. Chan Sing Hour Kampong Svay District Chief of District Agriculture

Forestry and Fisheries Office11 Mr. Meas Kim Yan Department of Rural

DevelopmentDeputy Director

12 Mr. Soen Sarp Kampong Svay District District Governor13 Mr. Pol Sam Nary Office of Forestry & Wildlife Head14 Mr. Uth Sam An Phat Sanday District District Governor15 Mr. Soun Pich Department of Public Works &

TransportDeputy Director

16 Mr. Pou Sam Ath Dept. Water Resources and Meteorology

Head of Administration

17 Mr. Chhun Chou Hurt Provincial Governor’s Office Head of Cabinet18 Mr. Siem Sokhom Peam Bang Commune Commune Chief

Office of Fisheries19 Mr. Wayne Gum UNDP – GEF Participation Specialist20 Mr. Sao Vansereyvuth UNDP – GEF National Project Coordinator21 Mr. Sun Chanthorn UNDP – GEF Program Secretary

Reported By:Sun ChanthornProject Secretary

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UNDP-GEF Tonle Sap Conservation ProjectProject Brief Consultation Meeting, Provincial Governor’s OfficeKampong Chhnang Province, 13th September 2001

Opening Remarks: Mr. Wayne Gum, UNDP – GEF Part Specialist, Mr. Sao Vannsereyvuth, UNDP – GEF National Project Coordinator

Welcome speech : H.E Mr. Touch Mareem, Second Deputy Governor



The planned Tonle Sap Conservation Project has three funding sources: the UNDP-Global Environment Facility, Capacity 21, and ADB. Each institution has a particular focus that will be closely coordinated and combined into one Project: - UNDP-GEF: this is a grant fund that will be primarily used for conservation and biodiversity/ecosystem

protection Capacity 21: this is also a grant fund that will be used for capacity building activities such as training, in

particular at the provincial and local level, especially for community-based fisheries management. ADB: this is a loan fund that will target infrastructure improvement, fisheries policy reform and rural

livelihood improvement

General Comments/Issues:- Although the Project Brief had been sent 2 weeks before, none of the participants had received a copy. The

summary Table (5.2) and Project objectives were sent for copying and distributed- The UNDP-GEF Team briefly described the Project objectives and scope and the 2nd Deputy Governor

requested each participant to present to the meeting, the main issues related to the Tonle Sap Lake in Kampong Chhnang Province

Comments

Representative of the Department of Land Management:- Referring to the report on pesticide use in the Tonle Sap Catchment (by CEDAC), the impact of pesticide

use on fish and human health was noted- Pesticides are mainly used by farmers growing ‘chamcar’ (vegetables, melons, mung beans etc.)- Pesticide use is not regulated and there are approximately 240 types in usage mainly in the districts

bordering the Tonle Sap Lake- CEDAC recommends a prohibition on use of dangerous pesticides- The Province would like to develop and implement a management plan

Representative from the Department of Agriculture :- Has attended a 2 week seminar on management and protection of the Tonle Sap Lake in Siem Reap in 1998

but has not seen any result- Agrees with the main issues raised (during the summary of the Project) such as exotic species,

deforestation, pesticides, siltation of the Lake, illegal fishing (including coastal fishing gears such as trawlers) and increasing boat traffic scaring fish (the passenger boats between Phnom Penh and Siem Reap)

- Some exotic fish are caught in the lots in this province every year - Requested that this Project be implemented quickly- Without protection of the Lake, there will be no future or sustainability

Representative from the Department of Environment:

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- Need to determine the boundaries of the core, buffer and transition zones as well as fishing lots and community fishing areas in order to implement management plans

- Need to draft and approve a sub-decree on management of protected areas- The inhabitants of floating villages do not do most of the illegal fishing, this is mainly done by outsiders

from other provinces- The main issues are fishing using ‘samras’ (fish shelter traps) and pesticide use (including using pesticides

on processed fish to prevent insect infestation)- Need to implement this Project quickly

Commune Chief – Snoc Tru :- All levels of Government must co-operate to extend information about destruction of natural resources such

as clearing flooded forest for agriculture which leads to increased exposure to storms and illegal fishing (especially electric fishing, trawlers, small-sized mesh nets etc)

- Mimosa (‘banla yuon’) is difficult to remove. It is better to protect flooded forest, which prevents Mimosa from growing. Mimosa only grows in cleared areas

- A clear legal framework is needed to clarify responsibilities and mandates, especially co-operation with local authorities

Deputy District Governor (Boribo District)- This District has 2 ‘Tonle Sap coastal’ communes – Kompong Preah and Snoc Tru- Noted the loss of some fish species such as the Giant Barb (‘trei kolreang’- Catlocarpio siamensis). Illegal

fishing is a major issue, especially use of ‘samras’ - The main clearing of flooded forest is for seedling beds which can be established before the rice fields are

flooded- Before, people could do floating rice, but now the floods are too variable - Also there is more water pollution and there are more ‘machines’ in use such as generators, ice factories,

battery acid etc.- New laws are required and these need to be disseminated

Representative from the Department of Tourism :- Impact of noise on fisheries because of increased boat traffic which cuts across flooded forest areas scaring

the fish- The construction of the new Port in Snoc Tru will increase boat traffic, both freight as well as tourism

Representative from the Office of Fisheries :- The main issue with the legal framework is implementation. Then old law was also designed for a

different situation- Need to educate the people on the importance of natural resources- Many people fish illegally and there are not enough fisheries staff- Noted the effect of increased traffic on fisheries especially now that boats use bigger engines- Clearing of flooded forest is because people need land. People understand the value of the forest, but they

need land- Noted the loss of some species (‘bongkon’ and ‘trei khla’ – giant Mekong shrimp Macrobrachium spp. and

tigerfish – Datnoides microlepis). These losses indicate threats to the eco-system- Problem of increasing population resulting in increased fishing pressure and illegal fishing. There are also

more villages inside fishing lots. The DoF is preparing a new law to address this issue- Exotic fish such as silver carp (‘trei carp sor’), grass carp (trei carp see smauv’), common carp (‘trei carp

samanh’) and Tilapia are occasionally caught in fishing lots. These usually have escaped from ponds and only a few specimens are caught each year

- Only grass carp presents a problem as they can eat rice- Wants to return to using fishing gears and methods that were used during the 1960s

Deputy Governor :

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- The legal framework requires detailed implementation guidelines that address each problem- Capacity building is also required, especially more technical staff are needed- More co-operation is also required between local authorities and technical staff especially after the

commune elections (referring also to Government decentralization policies)- The cutting of flooded forest is a key issue. This leads to infestation of Mimosa and siltation of ponds/lakes.

Commune level authorities are needed to monitor this- Also reiterated the issue of illegal fishing and pollution (solid and liquid including oil, acid, pesticides etc)- More research is required to investigate the impact of exotic fish and vegetation - Community based natural resource management (forest and fisheries) or co-management is required as

technical authorities cannot manage alone and need the co-operation of local communities. Awareness raising is required first as well as alternative livelihoods to decrease fishing pressure

- Also need to demarcate the boundaries of fishing areas (fishing lots, community fishing areas etc) and the core and buffer zones etc

General Comments- The siltation of the Tonle Sap Lake is caused by removal of flooded forest which also allows infestation of

Mimosa which is does not provide a breeding and nursery habitat for fish- Flooded forest re-planting should focus on Barringtonia (‘dam rieng’)- Areas such as Snoc Tru are becoming too shallow and need to be rehabilitated- Would like to establish a local inter-institutional committee to monitor illegal fishing such as fine-meshed

bag nets, electric fishing, explosive fishing etc as well as cutting of flooded forest and unauthorized (by local authorities) migration into these areas

- Representatives from the Project and related institutions should co-operate with local authorities to disseminate laws on protection and care of natural resources so that they can be implemented effectively

- Should review or provide suitable occupations for the local people living around the Tonle Sap Lake as an alternative to fishing

- Should control and prevent the introduction of all types of illegal fishing gears in Cambodia- Should build capacity and promote local officials in co-operation with international organizations in order

to manage and conserve the Tonle Sap area

Conclusions

a) The Project summary should be moved to the front of the document as this is the section that most people will read. In addition, the Project structure should be expanded upon and simplified

b) The provincial representatives provided very good information regarding issues related to the management of the Tonle Sap. In general, these were consistent with the content of the draft Project Brief

The Provincial Consultation Meeting was finished at 11:30 on the same day.

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List of Participants

No. Name Institution Position1 Mr. Touch Sareem Provincial Administration Second Deputy Governor2 Mr. Tuy Sovannara Provincial Police Police3 Mr. Kao Kosal Dept. of Public Works & Transport Deputy Director4 Mr. Nhem Savath Dept. of Education Youth & Sport Deputy Director5 Mr. Siv Run Department of Tourism Director6 Mr. Linh Thoen Department of Rural Development Deputy Director7 Mr. Tok Hong Ly Department of Land Management Director8 Mr. Ponh Sachak Department of Water Resources Director9 Mr. Ngan Nary Dept. of Ag, Forestry and Fisheries Deputy Director10 Mr. Nou Sarun Office of Agronomy Deputy Director11 Mr. Boeu Bun Than Department of Environment Deputy Director12 Mr. Am Sophea Provincial Administration Deputy Secretary General13 Mr. Tip Sovann Department of Women Affairs Deputy Director14 Mr. Tim Nhata Office of Forestry Chief15 Mr. Som Phirun Office of Fisheries Deputy Director16 Mr. So Sareth Baribo District Administration Deputy Governor17 Mr. Sok Seam Chhnoc Tru Commune Administration Chief18 Mr. Lay Sokha Provincial Administration Cabinet Chief19 Mr. Wayne Gum UNDP – GEF Participation Specialist20 Mr. Sao Vansereyvuth UNDP – GEF National Project Coord21 Mr. Sun Chanthorn UNDP – GEF Project Secretary

Compiled by : Sun Chanthorn, Project Secretary

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UNDP-GEF Tonle Sap Conservation ProjectProject Brief Consultation Meeting

Provincial Governor's Pursat Province, 21st September 2001


No. Name Institution Position1 H.E. Mr. Khoy Sokha Pursat 's Governor Second Deputy Governor2 Mr. Vong Sam Ol Pursat's Governor Cabinet Director3 Mr. Kong sophara Provincial Police Police4 Mr. Houn Bonith Dept. Rural Development Director5 Mr. Nhov Song Dept. Tourism Director6 Mr. Nou Samphan Dept. Environment Director7 Mr. Sary Kosal Krakor District Governor8 Mr. Soung Sophy Dept. Education Deputy Director 9 Mr. Phay Senghourt Dept. Land Management Director10 Mr. Chinh Koung Dept. Transports Deputy Director11 Mr. Keo Sovanarethkg Loung Commune Commune In chief12 Mr. Kith Phal Dept. Water Resources Deputy Director13 Mr. Mao Sokhom Dept. Women Affairs Deputy Director14 Mr. Tith Samoeun Dept. AFF Director15 Mr. Ke Savy Dept. Aff Chief Fisheries16 Mr. Touch Penghour Dept. AFF Deputy Chief Forestry17 Mr. Lay Visith Dept. AFF Chief of Agronomy18 Mr. Un Hoeun Pursat Governor Deputy Director19 Mr. Lach Soth Department of Information Deputy Director20 Mr. Wayne Gum UNDP – GEF Participation Specialist21 Mr. Sao Vansereyvuth UNDP – GEF National Project Coordinator22 Mr. Sun Chanthorn UNDP – GEF Program Secretary

Opening RemarksMr. Wayne Gum, UNDP – GEF Part Specialist, Mr. Sao Vannsereyvuth, UNDP – GEF National Project CoordinatorWelcome speechH.E. Khoy Sokha, Second Deputy Governor

The project proposal has been drafted in English, and then translated into Khmer. The objective of this meeting is to allow provincial level stakeholders to provide comments and suggestions on the Project Brief in order to improve the effectiveness and efficiency of the Project.


The planned Tonle Sap Conservation Project has three funding sources: the UNDP-Global Environment Facility, Capacity 21, and ADB. Each institution has a particular focus that will be closely coordinated and combined into one Project:-UNDP-GEF: this is a grant fund that will be primarily used for conservation and biodiversity/ ecosystem protection.

Capacity 21: this is also a grant fund that will be used for capacity building activities such as training, in particular at the provincial and local level, especially for community-based fisheries management.

ADB: this is a loan fund that will target infrastructure improvement, fisheries policy reform and rural livelihood improvement

General comments and Issues from participants:

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- There are many printing mistakes in Khmer word and some translation words are not so smooth meaning. So, it is requested to divide into two groups discussion, and all the stakeholders are agreed to that requirement.

- The projects brief is too long it's not enough time to read and very difficult to understand all the meanings in the book because some abbreviations are not indicated in the document

After the 2 groups of discussion tried to discuss to each other nearly 6 hours, the result form each group have been found as followings:

Group No. 1

A. Agreed all comments in the Project Brief, but on Output: 1.2, page no. 40, line no.2, the secretariat of Tonal Sap should be established in all the provincial around Tonal Sap Lake.

B. It was requested to add village commune and district authorities into output 2.1.1 khor, page 50, in Khmer version.

C. Page no 51, Output 2.1.1.kho, requested to include this Subjective into the public school study program, it is not only around Boeung Tonle Sap Lake, but all over the Cambodia country.

D. It is requested to change translated meaning in Khmer word form the word "Need " to "a clear goal" on page 67, line 17

E. It was requested to reduce the loan form ADB and increase donation for performances.

Group No. 2- It was requested to add: the education and dissemination components in local communities.- 4.2.1.F:... and radar (add) by informing local authority (page 185, line 10, activities column)- Output: 4.2.2: (add): MLMUBC (page 185, line 3, implementers column)- Output: 4.3.1: (add): MLMUBC (page 185, line 3, implementers column)- Output: 4.3.3: (add): Local authority PDLMUBC (page 188, line 1)- Output: 4.6.1: (add): Provincial military police, national police and local authority. (page 194, line 9,

implementers column)- Output: 4.6.1.B: (add):....Laws on forestry, laws on administration, regulations on the use of land, laws

on the movements in inland water and offshore domains and law on tourism. This activities....(page 194, line14, activities column)

- Output: 4.6.2: (add):...local military police and communal administration police , local authority, community and NGO concerned.... (page 195, line 2, implementers column)

Questions:1. How would this project contribute to poverty reduction of people living around Tonle Sap Lake, as the population in this area is increasing from day to day?2. Please, define and explain the words: buffer zones, core zones, protected areas and transitional zones.

3. Has the budget for this project been used for any purpose yet?

4. Is there any impact on tourism or navigations when more core zones of bio-diversity reserves and more conservation zones are determined? If yes, what kind of measures should be taken to deal with these matters?

5. The water that flows from the Mekong river and other rivers, especially Sangke river into Tonle Sap Lake makes the Lake shallower. How would the project deal with this issue?

Today's meeting is acknowledged as an important component of Tonle Sap conservation project development activities, which will serve common interest because resources in this area are our assets. Comments and suggestions for the development of Tonle Sap conservation project are valuable.

To operate this project successfully, various kinds of budget from different sources such as loans from ADB and grant fund from other institutions are needed. Therefore, we should:

- have good cooperation with local and national authority.

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- strengthen and improve the existing projects and make efforts to develop new additional projects (fishing community, forest community…), which will contribute to poverty reduction because when people have jobs, they do not cut inundated forest or go fishing.


The Provincial Consultation Meeting finished at 17:00 pm, on the same date.Reported By:

Sun ChanthornProject Secretary

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Provincial Governor's Battambang Province, 26th September 2001


No. Name Institution Position1 H. E Mr. Pa Socheativong Provincial Police Second Deputy Governor2 Mr. So Sovath Department of Rural Development Deputy Director3 Mr. Lout Phourng Department of AFF Director4 Mr. Chim Lao Srun Department of WR & M Director5 Mr. Ros Thoeun Department of Environment Deputy Director6 Mr. Tong Thyrom Provincial Office of Forestry & Wildlife Deputy Director7 Mr. Pau Chhun Lym Department of Public Works &

TransportsDeputy Governor

8 Mr. Ngun Rathanak Department of Land Management Director 9 Mr. Mak Sinara Department of Tourism Admin if Chief10 Mr. Troeng Chhom Department of Education Youth & Sports Chief of Planning Office11 Mr. Chhon Leang Prey Chas Commune Commune in Chief12 Mr. Heng Pisith Provincial Office of Fisheries Deputy Director13 Mr. Tep Phan Department of Women Affairs Deputy Admin in Chief14 Mr. Soeng Sean Provincial Police Police15 Mr. Toch Sunnara Ek Phnom District Governor16 Mr. Peang Narith Provincial Office of BTB Province Deputy Director economic

Opening RemarksMr. Wayne Gum, UNDP–GEF Part Specialist, Mr. Sao Vannsereyvuth, UNDP–GEF National Project CoordinatorMr. Pa Socheativong, Second Deputy GovernorWelcome speech


Constructive suggestions and comments of stakeholders from concerned institutions and the provinces around the Tonle Sap Lake are needed for drafting Tonle Sap conservation project. Although the project brief was initiated, it needs to be finalized. Therefore, suggestions and comments of experts and local authorities are so important that could improve this project brief.


The planned Tonle Sap Conservation Project has three funding sources: the UNDP-Global Environment Facility, Capacity 21, and ADB. Each institution has a particular focus that will be closely coordinated and combined into one Project:-

UNDP-GEF: this is a grant fund that will be primarily used for conservation and biodiversity / ecosystem protection


ADB: this is a loan fund that will target infrastructure improvement, fisheries policy reform and rural livelihood improvement.

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According to the Project Brief is too long and very difficult to understand, it was requested to separate into two groups discussion, and all participants are accepted to that proposal.

Group Number 1: Discuss on Project Objective 4: Project ImplementationGroup Number 2: Discuss on Project Objective 1, 2, 3: Project Planning

Outcomes of the two group discussions are as follows:

Group Number 1

ProblemProject objective 1

SolutionProject Objective 1

1. Lack of rules or laws on the management of the Tonle Sap Biosphere Reserve (TSBR).

1. To request the ministries or institutions concerned to set up the rules or make the laws on the management of the Tonle Sap Biosphere Reserve.

2. There are not enough secretariats of the Tonle Sap Biosphere Reserve.

2. To request for the creation of additional secretariats of TSBR in the five provinces around the Tonle Sap Lake.

3. Lack of budget for the operation. 3. To request for the provision of enough salary to specialized officials.

Project Objective 2 Project Objective 2

1. People living around the Tonle Sap lake are not widely aware of the management process of the natural resources in an area of the Tonle Sap Lake.

1. To assign agents to disseminate the laws and other measures related to the environment of the area of the Tonle Sap Lake.

2. Dissemination and awareness raising of the natural resource management in the area of the Tonle Sap Lake is limited.

2. Broader dissemination of the natural resource management in the area of the Tonle Sap Lake should be promoted, particularly among the people living around the Tonle Sap Lake.

3. People's livelihoods are based on the resources of the Tonle Sap Lake, especially fishing.

3. To request for creation of new jobs and income generations for the people living around the Tonle Sap Lake.

Project Objective 3 Project Objective 3

1. The number of people who migrate from other parts of the country to the area of the Tonle Sap Lake is increasing from day to day.

1. To request the Royal Government to allocate other locations for the resettlements of the people who will be moved from this area.

2. Resettlements on the riverbanks will cause water pollution.

2. To request the institutions concerned to solve this problem.

3. Erosion, waste disposal and landslide impacts on the Tonle Sap Lake.

Group Number 2

Project Objective 4

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- Sustainable management of the Tonle Sap Biosphere Reserves can be achieved through project development and implementation.

- 4.1.2.B. To develop procedures, guidelines, and policies to determine public lands (buffer zones or fishing domains and agricultural lands) in TSBR.

- 4.2.1.A. To prepare the participatory inventory of inundated forests and other native habitats from upper parts of flooded lowland.

- 4.2.1 B: Preparing the participatory inventory of the inundated forests and other native habitats is part of RRA/PRA, which is needed to form fishing communities in open regions.

- 4.2.1.C: Improving the habitat inventory and monitoring activities under the inventory of current fishing lots 9 (Department of Fishery).

- 4.2.1…the activities in 4.2.1.A up to 4.2.1.C will be conducted by MOE, DOF, PDEs and POFs.

- The activities in 4.2.1.E will be carried out by DoFW and DoF.

- 4.2.2.B: To deepen the inundated forest areas and ponds/canals that are shallow.

- 4.3.1. The fisheries policy related to TSBR should be reviewed.

- 4.3.2.A: The project development process should be held at DoF.

- 4.5.1.B: Identifying consumer community and consumers in the community.

H.E. Second Deputy Governor:

- Constructive comments and suggestions made by participants in today's meeting are essential to improve the Project Brief and to contribute to the sustainable conservation management of the Tonle Sap Lake region. From now up to the National Workshop, your valuable comments and suggestions are welcomed.

- We have to strengthen the existing projects, including SEILA programme and make more efforts to develop new ones.

- We must have good cooperation with competent and local authorities to achieve our common goal.- We have to assist development activities which will contribute to poverty reduction, because when

people do not have jobs, they would carry out their fishing activities or cut down the inundated forests.

- We should clearly determine the roles/responsibilities of the institutions concerned.- Cambodian laws on the related subjects are not in place. There is only a number of sub-decrees.- We should make the people living around the Tonle Sap Lake region aware of the proper use of

core zones, buffer zones, water resource and forests around Tonle Sap Lake.

Proposal:

- It was suggested that military bases should be moved from fishery domains and that only policemen, military police and competent authorities should be kept there.

Conclusion:All comments received were accepted by the UNDP-GEF team and where required, explanations given. It was suggested that after this meeting, the participants should read the full Project Brief and send written comments and suggestions to the Project representatives before the scheduled national workshop and PAC meeting.

The Provincial Consultation Meeting finished at 17:00 pm.

Reported By:

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Sun ChanthornProject Secretary

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Provincial Governor's Siem Reap Province, 28th September 2001


No. Name Institution Position1 Mr. Suy Sareth Soth Nikom District Deputy Governor2 Mr. San Kim Siea Department of WR&M Director3 Mr. Khlok Ry Department of Environment Chief of Burau4 Mr. Chhnong Sambath Provincial Police Police5 Mr. Chhouk Vann Chhom Department of Tourism Deputy Director6 Mr. Meas Touch Kng Khlang Commune Commune in Chief7 Mr. Pauk Serey Rath Mony Chikreng District Deputy Governor8 Mr. Pao Sok Heang Department of land management Deputy Director 9 Mr. Em Man Kampong Pluk Commune Commune in Chief10 Mr. Phou Sam Ath Prasath Bakong District Deputy Governor11 Mr. Chheng Bibol Rith Provincial of Fisheries Chief of Office12 Mr. Douk Pon Provincial of Fisheries Fisheries Officer13 Mr. Kang Chantra Dept of Public Works & Transportations Deputy Director14 Mr. Sean Sann Department of Women Affairs Deputy Director15 Mr. Pol Sam Roch Purk District Governor16 Mr. Chhim Boeun Po Treay Commune Commune in Chief17 Mr. Em Mony Department of AFF Chief of Forestry18 Mr. Prom Saman Provincial Office of Siem Reap Province Deputy Secretary Gen19 Mr. Nam Thaungsy Department of Education Youth & Sports Deputy Dirctor20 Mr. Ros Sar Department of Rural Development Director21 Mr. Sun Savan Office of Fisheries Deputy Director22 Mr. Kim Py Department of Agronomy Director23 Mr. Ek Sokhon Chong Khneas Commune Commune in Chief24 Mr. Wayne Gum UNDP – GEF Participation Specialist25 Mr. Sao Vansereyvuth UNDP – GEF National Project Coordinator26 Mr. Sun Chanthorn UNDP – GEF Program Secretary

Opening RemarksMr. Wayne Gum, UNDP – GEF Part Specialist, Mr. Sao Vannsereyvuth, UNDP – GEF National Project CoordinatorMr. Ros Sar, Deputy of Department of Rural DevelopmentWelcome speech



The planned Tonle Sap Conservation Project has three funding sources: the UNDP-Global Environment Facility, Capacity 21, and ADB. Each institution has a particular focus that will be closely coordinated and combined into one Project:-

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UNDP-GEF: this is a grant fund that will be primarily used for conservation and biodiversity/ecosystem protection


ADB: this is a loan fund that will target infrastructure improvement, fisheries policy reform and rural livelihood improvement.

1. According to the Project Brief is too long and very difficult to understand, it was requested to separate into two groups discussion, and all participants are accepted to that proposal.

Group Number 1 Group Number 21. Provincial governor2. Department of Tourism3. Department of Women's Affairs4. Provincial Police5. Department of Education7. Soth Nikom District8. Chi Kreng District9. Prasat Bakong District

1. Department of Fisheries2. Department of Forestry3. Department of Environment4. Department of Transportation5. Department of Water Resources 7. Department of land Management8. Department of Rural Development9. Prasat Bakong District10. Siem Reap District11. Purk District

After they had tried to discus for many hours, the results from each group to be showed as followings:

Group Number 1 Project Objective 1

Agreed and accepted: Output 1.1 Output 1.2Output 1.3

Project Objective 2 Agreed and accepted: Output 2.1.1: (Add): EAEOP in study program in Cambodia

Output 2.2.1Output 2.3.1Output 2.3.2

Project Objective 3 Agreed and accepted all:

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Group Number 2

Project Objective 4 - 4.1.1.A: It was requested to change into 4.1.1.B.- 4.1.1.C: It was requested to be replaced by "Consultation with the concerned institutions"- 4.1.1: (implementer): Local Authorities- 4.1.2.A: Discussion on the determination of buffer zones based on the Land Policy supported by

World Bank.- 4.1.2.D: Use the experience and lessons learnt in other provinces.- Add new item 4.1.2.E: Register of lands around buffer zones.- 4.2.1.A: Inventory......- 4.2.1.C: Review of the habitat inventories and monitoring activities...- 4.2: (implementer) (Add): local authorities- Add new item 4.3.2.A: Establish working groups in the Department of Fisheries with the

participation of lawyers.- Add new item 4.3.2.B: Drafting process at the Department of Fisheries. - Add new item 4.3.2.C: Workshop and consultation- Add new item 4.4.1.A: Local surveys........and delete evaluation.- 4.4.2: It was requested to change to: Pilot management and monitoring based on need assessment.


The Provincial Consultation Meeting finished at 17:00 pm, on the same date.

Reported By:Sun ChanthornProject Secretary

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Documents

Table 5 · Web viewMeeting with lot owner # 6 and # 4, Kompong Thom Meeting with master fisherman and shareholder of lot # 3, Kompong Thom Meeting with sub-leasee in lot # 5, Kompong