DECEMBER
2002
Lack of Transparency a Major Controversy in Cambodian Logging
Dispute
(The
following six articles are reprinted with permission from
The Cambodia Daily. They provide a vivid description
of the importance of transparency and public review. The
first article sets the stage, describing the controversy
surrounding logging operations in Cambodia supported by
the World Bank. The subsequent articles describe vividly
the efforts of villagers to obtain copies of Cambodian government
documents describing plans for the logging. The villagers
protested in front of World Bank offices, only to learn
that there weren't enough copies and that black-and-white
copies of the colored maps were unreadable. Eventually only
a very limited distribution of the color maps was made.
Controversy flared over the adequacy of a 19-day public
review period and the accuracy of the documents-- IFTI ed.)
Cambodian
Villagers Apprehensive About Logging Operations Backed
by World Bank. On Monday, the logging plans
are slated to become available to the public at the
World Bank offices in Phnom Penh, signaling the beginning
of a 19-day review period. Forestry officials will use
the plans to determine whether companies may resume
cutting, ending a logging suspension that began in January.
More ...
Cambodian
Officials Reject Villagers Demands for Written Information.
Forestry Department chief Ty Sokhun turned away about
30 rural villagers seeking copies of forest management
plans for their areas, saying that forestry and logging
company officials would instead come to their areas
and explain the plans to them. More ...
World
Bank Makes Limited Release of Logging Plans; Villagers
Remain Dissatisfied. Wednesday was the third
day of a 19-day public review period for the 25-year
cutting plans. The plans are supposed to show how cutting
can be made sustainable over that period and gauge the
environmental and social impacts of the logging. Villagers
have also been demanding an extension of the review
period to at least three months. More ...
Cutting
Plans Criticized; Global Witness Seeks Halt to Logging.
Three years ago, a major study commissioned by the Asian
Development Bank found forests here so depleted, and
cutting rates so rapid, that logging was only viable
for a few more years on most concessions. In plans made
public last week, every logging company appears to claim
that they can cut for another 25 years, keep the forest
intact and still make a worthwhile economic return.
More ...
Cambodian
Villagers Apprehensive About Logging Operations
Backed by World Bank.
By
Richard Sine The Cambodia Daily, November 8, 2002
Siem
Pak says he is glad he will get a chance to see
a logging company's plans for sustainable logging
of his forest in Stung Treng province. But he has
little hope that the company will stop logging the
forest his fellow villagers depend on for their
daily needs.
"They
should draw up the plans so it is clear which forest
belongs to the company and which to the community,"
the Seim Bok district villager said Thursday.
The
25-year logging plans, known as Sustainable Forestry
Management Plans, are supposed to allow for areas
to be set aside for communal use as dictated by
forest concession law, forestry experts say.
But
no one from the company, or the government, has
asked Siem Pak which parts of the forest are most
valuable to villagers, he said. So Siem Pak worries
the logging company, Everbright, will continue cutting
in areas the villagers go to for food and trading
goods when farming gets difficult.
"Traditional
people go to the forest to get their living, but
since the company came we are losing our livelihoods,"
he said.
Villagers
from several provinces, who gathered in Phnom Penh
this week to discuss their rights, said no one from
the companies or the government asked them where
they go in the forest to collect fruit, vegetables,
medicinal herbs, rattan, resin or other products.
Noun
Mung, of Preah Vihear province, said she asked the
province's agriculture department to set aside community
forest areas, but never received a response. She
claims Chendar Plywood is overcutting in her area
and never consults villagers, who are losing communal
forest.
"They
don't show us plans, they just come and cut,"
she said.
Though
the forestry concession law allows for community
forest areas, the community forestry subdecree has
not passed-leaving the areas in legal limbo.
Eva
Galabru of the forestry watchdog Global Witness,
who has seen early drafts of some of the plans,
said many companies are arbitrarily mapping out
community forest areas-even including areas that
are not forested-or simply stating that there are
no communal forests in its concession.
On
Monday, the logging plans are slated to become available
to the public at the World Bank offices in Phnom
Penh, signaling the beginning of a 19-day review
period. Forestry officials will use the plans to
determine whether companies may resume cutting,
ending a logging suspension that began in January.
But
activists say that 19 days are not nearly enough
time to review the plans, many of them thick documents
laden with jargon. The government said the plans
will be provided to provincial agricultural departments,
but has not given definite dates when the plans
will be available, they say.
Many
villagers living in forest concessions are a few
days' journey from provincial capitals. Villagers
need time to identify their community forests and
measure the impacts of developments such as roads,
activists say.
"Many
of the more remote villages located in or near concessions
are unlikely to even see management plans within
the allotted period for consultations," said
Russell Peterson of the NGO Forum, which helps educate
villagers about their rights under forestry law.
An
NGO official who works with villagers in heavily-forested
Ratanakkiri province said many highland minorities
living in forest concessions there do not speak
Khmer and would require translations, he said. They
are currently busy picking rice in highland paddies
that are days away from their villages, he said.
"You
could take the plans to the village and find nobody
there," he said, adding, "two weeks is
completely insufficient."
On
Thursday, some provincial leaders agreed with the
activists. They said they had not heard of when
the plans would become available or how they could
be viewed by the public.
"If
it is two weeks, that will be a very short period,"
said Preap Tann, governor of Preah Vihear. "We
may not know the negative and positive impacts [on
people's livelihoods]."
"We
would need at least one month to look at [the plans],"
said Vorn Chhunly, first deputy governor of Kratie.
On
Thursday activists blasted the World Bank for indicating
it will release a $15 million loan it had held up
since June as the government blocked both donors
and villagers from seeing the plans.
Peterson
referred to a comment by a World Bank official that
two weeks was "grossly inadequate" as
a public review period. The comment was in an e-mail
to fellow donors and forestry advisers.
He
also referred to a statement to donors from international
advisers to the Department of Forestry and Wildlife
suggesting that "given the vast expanse of
the concessions and the numerous communities involved,"
a six-month review was more appropriate.
World
Bank economist William Magrath said there should
be at least one more opportunity for public comment
before cutting begins. Companies are expected to
produce one or two more short-term plans, and Cambodian
forestry law calls for public review and consultation
at each step. (Additional reporting by Van Roeun
and Yun Samean)
Villages
Protest, Beg World Bank to Reveal Logging Plans.
By
Richard Sine
and Nou Sophors The Cambodia Daily, November 12, 2002
About
40 villagers from several provinces vowed to sleep
on the sidewalk in front of the World Bank Monday
until they received copies of logging plans for the
areas in which they lived.
At
one point dropping to their haunches and pressing
their hands together in supplication, the villagers
begged World Bank officials for the right to see the
plans in their areas Monday, only to be told there
weren't enough copies and that the maps would be unreadable.
On
Monday evening the villagers said they didn't have
the money to return to Phnom Penh later, and that
the public review period for the plans was too brief
to allow delay.
"If
we do not receive any plans we will not go back,"
said Moanh Sam of Kratie province. "We will stay
here until we get the plans."
Monday
was the first day of a 19-day public review period
for the plans, which indicate where and how cutting
is to occur over the next 25 years.
Villagers
who arrived in the morning were told to return in
the afternoon to be able to look at copies. They returned
in the afternoon accompanied by about a dozen NGO
officials. Guards closed the gate as a World Bank
official negotiated release of the plans.
World
Bank official Steven Schonberger said two copies were
available in the reading room. When the villagers
demanded copies to take to their villages, negotiations
went on through the afternoon about who would make
or pay for those copies. The World Bank's gates remained
closed.
"It
looks like [the government and the World Bank] all
together tried to cheat the public," said Sam
Rainsy parliamentarian Son Chhay, who negotiated on
behalf of villagers.
Son
Chhay said the delayed release of the plans spoke
poorly for the World Bank's declarations of openness
and shed doubt on the viability of the plans.
A
receptionist at the World Bank said the government's
Department of Forestry and Wildlife delivered copies
to the World Bank on Monday morning. The World Bank
had agreed to assist the department in releasing the
plans.
After
agreeing to make a copy of the plans for each logging
concession, Schonberger told villagers that the government
had given the World Bank only black-and-white copies.
The villagers said that rendered them useless because
the logging maps were color-coded. Schonberger said
he would ask the department for color plans Tuesday
morning.
As
part of the plans, the logging companies were required
to consult with villagers to determine which areas
should be protected as community forest, where villagers
go for their daily needs. But villagers said they
were not consulted.
Villagers
took up NGO demands for an extension of the review
period, saying they did not have enough time to read
and review the plans.
Schonberger
said the World Bank and other donors had asked the
government to lengthen the review period. He said
the World Bank had succeeded in pushing the government
toward openness. "It's not insignificant that
there is some public disclosure," he told the
crowd. "It's a first, it's a start."
But
he also reaffirmed that the World Bank planned on
releasing a $15 million loan that it had held up while
demanding public release of the plans. "The government's
actions are consistent with what we agreed to in the
conditions of the [Structural Adjustment Credit] release,"
he said.
He
said the loan conditions did not specifically mention
public review, only general policy reforms. The World
Bank is the forestry department's biggest funder.
Meanwhile,
NGO Forum forestry policy specialist Andrew Cock said
the World Bank's conduct had rendered the public review
period "a farce."
Forestry
activists said the World Bank was not taking public
review seriously.
"This
is all law," said Marcus Hardtke of Global Witness,
the government's official logging monitor. "It's
not just a nice gesture from the World Bank or the
forestry department...this is totally pathetic."
NGO
Forum estimates that 3 million people live within
30 km of a logging concession. It is unclear how those
people will gain access to the plans.
At
a Oct 29 meeting, forestry officials told donors that
plans would be sent to provincial agriculture departments
after copies were sent to the World Bank, World Bank
resource economist William Magrath said after that
meeting. Magrath, the lead official in the Phnom Penh
office on forestry reform, is currently in Laos.
The
scene at the World Bank Monday left Jurgen Hess, a
German forestry department adviser, shaking his head.
"I expected guys to be coming in and walking
out with the plans," he said.
Cambodian
Officials Reject Villagers Demands for Written Information
By
Richard Sine
and Nou Sophors The Cambodia Daily, November 13, 2002
Forestry
Department chief Ty Sokhun turned away about 30 rural
villagers seeking copies of forest management plans
for their areas, saying that forestry and logging
company officials would instead come to their areas
and explain the plans to them.
Ty
Sokhun did not say when the officials would come to
the various provinces, but told villagers that "if
the company does not discuss with the people yet,
they have no right to cut. If they cut, we will punish
them."
Villagers
went to the World Bank Monday, the beginning of a
19-day public review period for the 25-year cutting
plans. The Bank had agreed to keep the plans in its
library
But
Bank officials balked at making copies for the villagers
to take home and said they had only received black-and-white
copies, making color-coded maps unreadable.
Villagers
vowed Monday to stay until enough color plans were
available. Bank officials said Tuesday that one color
copy for each concession would be given out Wednesday
afternoon. But Nuon Eak of Kratie province said he
could not afford to make more color copies, so he
was going home Tuesday.
Ty
Sokhun also said the plans were "only of interest
to foreigners" and that the 19-day period "only
applies to people in Phnom Penh." He declined
to answer questions from a reporter after the meeting.
Forestry
legislation guarantees public review and consultation
in development of concession management plans. Some
of the plans released Monday stated the 25-year cutting
plans would be followed by shorter-term "compartment"
plans, including villager consultations. But forestry
officials recently suggested to donors that those
plans are no longer necessary.
Cambodian
Timber Industry Association President Henry Kong said
Monday that companies have suggested locations for
community forests-areas reserved only for village
use-in the long-term plans. Companies will consult
with villagers after the plans are approved and will
"re-look" at the plan if the villagers disagree
with the locations, he said.
The
long-term plans were technical and only of interest
to forestry experts, so the 19-day review period was
sufficient, Kong said.
World
Bank Makes Limited Release of Logging Plans; Villagers
Remain Dissatisfied
By
Richard Sine
and Nou Sophors The Cambodia Daily, November 14, 2002
Pich
Poeun stared at a logging company map Wednesday afternoon
and shook his head. The company had reserved an area
of "forest" for his village's use that was
really just a field, he said.
"I
will go back and we will discuss this with the other
villagers," the Preah Vihear resident said.
Pich
Poeun and dozens of other villagers from around Cambodia
had waited for the plans since Monday, when they were
officially made available. But World Bank and forestry
department officials said that they could only make
copies in black and white, making the maps unreadable.
On
Wednesday afternoon, the World Bank distributed a
single copy of the plans, and a single color map,
for each company. "That's like giving all of
Phnom Penh a single phone book, or giving a single
textbook for a school," remarked Eva Galabru
of Global Witness, the country's official forestry
monitor.
Villagers
reported that a few plans were still not available
Wednesday afternoon. Disputes also simmered because
some maps covered two provinces and were wanted by
more than one group of villagers. Villagers indicated
they could not afford to make additional color copies.
Also
Wednesday afternoon, opposition leader Sam Rainsy
received a surprise when he showed up to read a letter
urging the World Bank to improve the public review
process. The villagers quickly scattered, only to
return a few minutes after the opposition leader left.
Villagers said they didn't want to be seen as partisan.
"We're
very pleased Sam Rainsy is concerned about our problems,
but if we're seen as involved in a party we fear for
our safety," Pich Poeun said.
On
Tuesday, forestry department chief Ty Sokhun had suggested
that the villagers were being steered by outside influences.
"Only foreigners are interested in this book,"
he told villagers. "Maybe somebody took all these
people to come here."
The
villagers responded that nobody had influenced them
to come. Several villagers say logging companies have
indiscriminately cut areas they depend on for forest
products to consume or trade.
Many
of the villagers had come to Phnom Penh the week before
for a workshop on their forestry rights sponsored
by the NGO Forum. They decided to stay after the workshop
ended in order to receive the plans.
NGO
Forum policy adviser Andrew Cock said he informs local
NGOs in provinces about forestry-related developments
in the capital. The local NGOs work with villagers,
he said. "Everyone deserves an advocate,"
he said.
Wednesday
was the third day of a 19-day public review period
for the 25-year cutting plans. The plans are supposed
to show how cutting can be made sustainable over that
period and gauge the environmental and social impacts
of the logging. Villagers have also been demanding
an extension of the review period to at least three
months.
On
Tuesday, Ty Sokhun told villagers that forestry and
company officials would come to villages at a later
date to explain the plans. But several villagers Wednesday
said they were skeptical that would occur. They said
they had not been consulted before cutting began the
first time, or before formulation of the current plans.
"I
don't believe they will go and do the right thing,"
said Peou Pholline of Mondolkiri. "They said
they would discuss with the people [before] and they
didn't."
Peou
Pholline said the plans for her area mapped out a
community forest in an area that had already been
logged. Siem Phan, of Stung Treng district, said his
map-like Pich Poeun's-placed a community forest in
a field.
Documents
Missing from World Bank Office; Reports Called Fraudulent
By
Richard Sine The Cambodia Daily, November 15, 2002
Several
forest management plans the World Bank agreed to make
public Monday on behalf of the government's forestry
department were still missing from the Bank's public
information center Friday.
Superwood,
Samling, Yurey Saco and Kingwood reports or environmental
impact statements were missing, in either Khmer or
English versions, from the center. All copies at the
center were in black-and-white, making color-coded
maps unreadable.
Monday
marked the beginning of a 19-day public review period
for the plans, in which logging companies suggest
how logging can occur sustainably over 25 years. Donors,
including the World Bank, have told the government
that the period is too short to allow full review
of the complex plans.
Andrew
Cock of NGO Forum, which advocates for villagers living
in or near logging areas, said his organization was
frantically making copies of the plans for distribution
to the provinces. "It's crazy, how can you do
it without enough time and without the documents?,"
Cock asked.
Leafing
through the plans at World Bank Cambodia headquarters
Friday, Global Witness director Eva Galabru said some
of the plans' covers don't match the contents. "Nobody
really knows what is there," she said. Global
Witness is the country's official independent forestry
monitor.
Meanwhile,
Global Witness slammed the reports as fraudulent.
"Global Witness was leaked several plans and
[environmental impact reports] in advance of the official
release date," read a statement released Friday.
"Early indications are that forest cover has
been grossly overestimated, information has been invented
and figures fixed. In some cases data has simply been
copied from one plan to another and in others it is
evident that community consultation, upon which the
[environmental reports] should be based, has not taken
place."
Government
approval of the plans is the first step towards ending
a logging suspension that began in January. Villagers
who came to Phnom Penh this week to pick up plan copies
said some of the areas reserved for community use
in the plans were actually fields, or had already
been logged.
Cutting
Plans Criticized; Global Witness Seeks Halt to Logging
By
Richard Sine The Cambodia Daily, November 22, 2002
Three
years ago, a major study commissioned by the Asian
Development Bank found forests here so depleted, and
cutting rates so rapid, that logging was only viable
for a few more years on most concessions.
In
plans made public last week, every logging company
appears to claim that they can cut for another 25
years, keep the forest intact and still make a worthwhile
economic return.
"Somebody
may be kidding themselves," concluded William
Magrath, lead natural resource economist at the World
Bank's Cambodia office.
Magrath
believes the ADB study numbers are questionable. But
he had expected some concession holders to conclude
that there were not enough marketable logs to justify
keeping their concession for 25 years.
After
all, when the government set up the concession system
in 1995, it gave many companies concessions that did
not contain enough trees in easy-to-reach areas to
make logging economically worthwhile, he said.
"The
government sold a lot of these concessionaires a bill
of goods," he said, using a common idiom implying
deception. "A lot of the land is not usable....
Certainly some of these concessions have been heavily
exploited and don't have the materials to support
long-term operations."
Some
companies seem to have realized this already. In 1995,
Magrath calculates, 30 companies had dominion over
nearly 6.5 million hectares of forest. Now, 14 companies
control 3.87 million hectares. Some companies simply
abandoned logged-out concessions; in a few cases,
the government canceled concessions of companies for
breaking logging rules.
But
if the remaining plans are any indication, every remaining
concessionaire believes it can succeed over the long
haul. For Global Witness, the country's official forestry
monitor, the implication is clear: Somebody is lying.
"The
plans say nothing, because the companies say that
in five years they're out of Cambodia," said
Marcus Hardtke of Global Witness. "They're just
academic exercises."
With
the 25-year cutting plans now under public review,
Global Witness is preparing comments claiming that
the companies fabricated data on the social and environmental
impacts of logging. Global Witness says that the poor
state of Cambodia's forest, and the poor behavior
of logging companies, justifies canceling all forest
concessions.
The
2000 ADB study recommended halting all logging until
new management plans were approved. The government
ordered the suspension last December, and the plans
were due in September. Now, the Department of Forestry,
with the help of World Bank-funded foreign advisers,
must decide on the plans-and on the fate of both the
forests and the logging companies.
"We
have made several inquiries and requests [to the government]
not to delay the process any longer," said Henry
Kong of the Cambodia Timber Industry Association,
which represents logging companies. "Further
delay would automatically wipe out a number of players
in the industry."
Kong
contends that 70,000 or more Cambodian jobs depend
on continued logging. Indeed, many of the plans paint
a rosy picture of how logging can transform communities
for the better. Cambodia Cherndar Plywood, for example,
notes that it spent $1 million in 1999 to repair 70
km of road from Preah Vihear town to a village in
the logging area. It now maintains the road from Preah
Vihear town to Kompong Thom itself at a cost of $300,000
a year, it claims.
"The
road has created jobs and income for [villagers] in
such easy access for transportation, schooling, medical
services, market, etc," the plan says.
The
company predicts it will employ 1,720 in logging and
milling in Preah Vihear. Thousands more will benefit
by selling goods to the logging employees, in what
is known as a spillover effect, it says. Many villagers
now involved in slash-and-burn agriculture or other
harmful practices will gain legal employment, it says.
"The
whole rural population will come to appreciate and
value the forest resources more, thereby increasing
the general awareness for the need to protect and
conserve the resource base," the plan says.
Whether
the logging company can count on the support of local
communities is another matter, however. In Western
countries, some of the staunchest support for logging
comes from towns that depend on logging jobs. But
in Cambodia, many companies have alienated villagers
by cutting in areas the villagers depend on for resin,
rattan or other forest products.
Noun
Mung, a villager in Preah Vihear province, said Cherndar
has been cutting communal forest areas without consulting
her community. She was in Phnom Penh this month to
collect a copy of the plan.
"We
have lost our livelihoods, and the company has banned
us from the forest," she said, adding, "It
all belongs to the community, so the company should
not cut."
Though
the plans are generally upbeat about logging, they
are sometimes surprisingly frank about how Cambodia
got into its current situation. Several blame much
of the past overlogging on "provincial and powerful
military units." But they add: "Some concessionaires
were forced by circumstance to 'recruit' some of these
powerful operators rather than fight them."
The
plans include detailed surveys analyzing the livelihoods
of people who live in their concession, including
how many depend on the forest. They inventory tree
types, identify ecologically sensitive areas which
should not be cut, and inventory endangered flora
and fauna.
The
same consultants were used for several plans, resulting
in repetition of stock sentences or paragraphs across
plans. But Global Witness says some of the data may
be fabricated as part of a "cut-and-paste job."
For
example, the Silveroad plans for Koh Kong and Pursat
discuss plans to conduct a workshop for affected communities
in Siem Bok district-which is in Stung Treng. Cherndar's
Preah Vihear plans speak of a wildlife sanctuary adjacent
to Mondolkiri.
At
least two plans, TPP Cambodia and Yurey Saco, contain
clear evidence that they were performed by Department
of Forestry foresters-a clear conflict of interest
when the department is also supposed to pass judgment
on the plans, said Eva Galabru of Global Witness.
The
plans have other quirks, Galabru has discovered. Some
mention species like saltwater mangrove and jackfruit
that wouldn't be found in forests here, she said.
And one plan's survey of religious groupings lists
a significant number of "Brahmins."
Originally
the 25-year plans were supposed to be followed by
5-year plans and annual plans before any cutting permits
were issued. But in late October meeting forestry
officials said the 5-year plans may be unnecessary,
frustrating donors.
Magrath
said the 5-year plans are necessary to ensure that
roads are built wisely and cutting does not occur
in areas reserved for endangered animals or communal
forestry. Typically, companies have not planned adequately
even when it was in their financial interest, he said.
"Concessionaires
are not the high quality professionals we'd like them
to be.... We know they don't care about the things
the government and public would like them to care
about."
Whatever
the virtues of the plans, they mean little if the
government does not verify their accuracy and ensure
that they are carried through properly, Magrath said.
In
the plans, the companies promise to log selectively,
leaving enough young trees and letting areas lie fallow
long enough for the forest to regrow. The government
expects companies to "actively discourage"
people from using logging roads to enter the forest
for destructive activities like wildlife poaching
or slash-and-burn agriculture.
But
many companies note in the plans that they have no
right to arrest those who violate the rules. They
also complain of high royalties and taxes that make
logging less viable. Meanwhile, the public versions
of the plan cut out chapters on financial viability
that Global Witness say are key to assessing whether
the concessions can work. The companies say the information
could hurt their competitive advantage.
Galabru
said companies currently make little effort to police
the logged-out portions of their concessions, sometimes
selling it off for plantations or profiting off illegal
logging. The risk is that the companies will build
roads, cut out the most valuable trees and disappear,
leaving the forest open for destructive use.
"We're
seeing hundreds of hectares disappear between visits,"
she said.
The
Chashma Right Bank Irrigation Project in Pakistan commenced
in 1978. (Photo: Asian Development Bank)
ABOUT
IFTI WATCH In
this column, Washington, D.C.-based journalist Toby
J. McIntosh reports on the latest developments
in information disclosure in International Financial
and Trade Institutions (IFTI).
Contact: tmcintosh@bna.com or
1-(202) 452-4498