12 REGULATORY FRAMEWORKS FOR CF
5. Evolution of Community Forestry Policy Across Parts of the Asia Region
Community forestry is at different stages of development in different countries in the Asia region. In some countries such as the Philippines and Nepal, community
forestry has been a major part of the national forestry agenda for more than 20 years, while in others it has only recently emerged as a national policy strategy. The remainder
of this section gives a summary of the status of community forestry in selected countries in the region and the direction that community forestry is taking. Particular emphasis
is given to the evolution of policy to enable the implementation of community forestry.
5.1. Cambodia adapted from Sokh Ty, 2005
5.1.1. Regulatory Framework
There is considerable project experience in community forestry in Cambodia, largely supported by NGOs. This experience has been drawn on to develop the
Forestry Law and the subordinate regulatory instruments. The legal framework supporting community forestry includes provisions in
the Forestry Law 2002, the Sub-Decree on Community Forestry Management 2003, and the yet to be enacted draft Community Forestry Prakas
Guidelines
2
.
Forestry Law
The Forestry Law gives the Forest Administration 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 15 years, and that agreements can be renewed based on monitoring and evaluation
reports of the FA. 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 every five years or earlier if necessary.
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.
Sub-Decree on Community Forestry Management
The Sub-Decree on community forestry management 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 to determine rules for the establishment, management
and use of community forests throughout the Kingdom of Cambodia. The objectives of this Sub-Decree include the following:
2 A Prakas is a ministerial declaration that forms an additional component of an existing
law.
Gilmour, O’Brien Nurse
13 •
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 and
communities and other stakeholders involved in Community Forestry management;
• To establish procedures to enable communities to manage, use and
benefit from forest resources, to preserve their culture, tradition and improve their livelihoods;
• To ensure user rights for a 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 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 their direct involvement in forest resources management and protection; and
• To provide a legal framework to assist Cambodian citizens, living in rural
areas, in establishing Community Forestry Communities to contribute to the sustainable management of forest resources.
Community Forestry Guidelines Prakas
Though still in draft form, these guidelines aim to clarify details for the establishment, formulation and functioning of Community Forestry. In addition,
they will contain annexes containing official templates for the Community Forestry Agreement, Community Forestry Management Plan, Community Forestry
Committee By-Laws and Community Forestry Regulations.
5.1.2. Progress with implementation
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