Policy and Legal Framework

Sokh Ty 39 Table 1: CF Evolution in Cambodia Year Events Remarks 1994 First CF project was initiated supported by MCC, and NGOs 1996 Community Forestry Sub-Decree was drafted Supported by several NGOs 1998 Community Forestry Working Group Supported by SMRP-MRC was formed GTZ 1998 An inter-institutional training team called Supported by several NGOs Cambodia Community Forestry Training Team was formed 2000 CF GuidelinesPrakas for implementing the Supported by several NGOs CFSD drafted by the CF Working Group 2003 Draft CF Sub-decree CFSD enacted 2004 The FA organized a National Community Supported by several NGOs Forestry Program Taskforce End It is expected that the draft of CF Guidelines Supported by several NGOs of 2005 will be finalized and sent to MAFF

3. Policy and Legal Framework

The legal framework supporting community forestry is comprised of provisions in the Forestry Law of 2002 the Sub-Decree on Community Forestry Management of 2003 and the yet to be enacted draft Community Forestry Guidelines Prakas. Forestry Law The Forestry Law was approved by the Cambodian parliament in 2002. It came to replace the old forest law which was believed to be ineffective in practice. The new Forestry Law gives the FA and the Ministry of Agriculture Forestry and Fisheries MAFF the authority to grant areas of Production Forest in the Permanent Forest Reserve to local communities in order to manage and benefit from the resources therein. The Law states that there needs to be a Community Forestry Agreement which can be for a period of fifteen years, and that agreements can be renewed based on monitoring and evaluation reports of the Forestry Administration. In addition to the Community Forestry Agreement, the Law states that there needs to be a Community Forestry Management Plan which is to be reviewed at minimum every five years. The Forestry Law states that the rules for establishment, management and use of a community forest shall be determined by a Sub-Decree on Community Forestry Management, and that the guidelines on Community Forestry shall be determined by Prakas unpublished NCFP, 2005. 40 CAMBODIA Sub-Decree on Community Forestry As mentioned earlier, the Sub-Decree on Community Forestry Management was enacted in 2003 after a long process of consultation with various stakeholders. It outlines the basic steps for the establishment and management of community forestry, including key definitions and the roles of various entities in the process. This Sub-Decree aims at determining rules for the establishment, management and use of community forests throughout the Kingdom of Cambodia. The objectives of this Sub-Decree include the following: • To implement the Forestry Law and other legislation regarding local community management of forest resources; • To define the rights, roles and duties of the Forestry Administration, responsible authorities, CF communities and other stakeholders involved in community forestry management; • To establish procedures to enable communities to manage, use and benefit from forest resources and to preserve their culture and traditions while improving their livelihoods; • To ensure user rights for a CF community under a Community Forest Agreement; • To support the Royal Government of Cambodia’s policies of poverty alleviation and decentralization; • To provide an effective means for a CF community to participate in the reforestation, rehabilitation and conservation of natural resources, forest and wildlife; • To enable citizens to understand clearly and recognize the benefit and importance of forest resources through the direct involvement in forest resources management and protection; and • To provide a legal framework to assist Cambodian citizens living in rural areas to establish CF communities that contribute to the sustainable management of forest resources. Community Forestry Guidelines Prakas At present, the Guidelines known in Khmer as Prakas are still in draft form. It is expected that the draft will be finalized and gain approval by the end of 2005. These guidelines will fill in many of the details for implementation of the Sub-Decree on Community Forestry Management that has yet to be clarified. In addition, the guidelines include annexes containing official templates for the Community Forestry Agreement, Community Forestry Management Plan, Community Forestry Committee By-Laws and Community Forestry Regulations. The Prakas aims at identifying overall guidelines for the establishment, formulation and functioning of community forestry throughout the Kingdom of Cambodia with the following objectives: • Describe the basic requirements in the establishment and implementation of community forestry; • Provide an effective working system to ensure the local participation in sustainable community forestry management; Sokh Ty 41 • Provide guidelines for the improvement of local institutions in preparing operational plans and monitoring and evaluating the community forestry implementation process; • Assist in the establishment of community forestry, especially in identifying the roles, responsibilities and organizational structure as well as in improving the relationships among stakeholders in community forestry for better cooperation and coordination with local communities; and • Improve information and technology flow for better community forestry management

4. Supporting Mechanisms