Comparative Analysis of Policy and Legislation related to Watershed Management in Cambodia, Lao PDR and Vietnam

Transcription

1 Working Paper 07 Comparative Analysis of Policy and Legislation related to Watershed Management in Cambodia, Lao PDR and Vietnam Consultancy Report prepared by Robert B. Oberndorf Phnom Penh, September 2004 (Edition: Iris Richter, October 2004) MRC-GTZ Cooperation Programme Agriculture, Irrigation and Forestry Programme Watershed Management Component

2 Abbreviations and Acronyms EIA ESIA IEIA PM Environmental Impact Assessment Environmental Social Impact Assessment Initial Environmental Impact Assessment Prime Minister Cambodia NPRS MAFF MIME MLMUPC MOE MOWRAM RGC SEDP National Poverty Reduction Strategy (Cambodia) Ministry of Agriculture, Forestry and Fisheries (Cambodia) Ministry of Industry, Mines and Energy (Cambodia) Ministry of Land Management, Urban Planning and Construction (Cambodia) Ministry of Environment (Cambodia) Ministry of Water Resources and Meteorology (Cambodia) Royal Government of Cambodia Social Economic Development Plan (Cambodia) Lao PDR FS 2020 Lao PDR LNMC MAF MCTPC MFA MIH MPH MTT NLMA RBP STEA WRCC WRMP Forestry Strategy to the Year 2020 (Lao PDR) Lao People s Democratic Republic Lao National Mekong Committee Ministry of Agriculture and Forestry (Lao PDR) Ministry of Communication, Transportation, Post and Construction (Lao PDR) Ministry of Foreign Affairs (Lao PDR) Ministry of Industry and Handicraft (Lao PDR) Ministry of Public Health (Lao PDR) Ministry of Trade and Tourism (Lao PDR) National Land Management Agency (Lao PDR) River Basin Plans (Lao PDR) Science Technology and Environment Agency (Lao PDR) Water Resources Coordinating Committee (Lao PDR) Water Resource Management Plans (Lao PDR) Vietnam CPRGS MARD MNRE MOF NWRC SFE Comprehensive Poverty Reduction and Growth Strategy (Vietnam) Ministry of Agriculture and Rural Development (Vietnam) Ministry of Natural Resources and Environment (Vietnam) Ministry of Forestry (Vietnam) Note: No longer exists National Water Resources Council (Vietnam) State Forest Enterprise (Vietnam) 2

3 Table of Contents Abbreviations 1. Introduction Policy Development Policies in Cambodia Policy Documents in the Lao PDR Policy Documents in Vietnam Comments on Policy Development in the Target Countries Legislation Legislation in Cambodia Legislation in the Lao PDR Legislation in Vietnam Comments on the Legislative Framework in the Target Countries Key Government Actors Cambodia Lao PDR Vietnam Overlaps or Conflicts Conclusion 26 Annexes Annex 1: Rules and Regulations Relevant to Watershed Management in Cambodia 27 Annex 2: Rules and Regulations Relevant to Watershed Management in Lao PDR 43 Annex 3: Rules and Regulations Relevant to Watershed Management in Vietnam 64 Annex 4: List of Policies and Legislation Reviewed 92 Annex 5: Hierarchy of Legislation Reviewed 96 3

4 1. Introduction The purpose of this report is to give the reader an overview and comparison of currently existing policy documents and legislation related to watershed management in the target countries of Cambodia, Lao PDR and Vietnam. 1 The report begins with an overview and comparison of existing policy documents within each country, followed by an overview and comparison of key legislation that has been enacted. The report concludes with an overall comparison and status analysis of the policy and legislative landscape as related to watershed management within the target countries. A key part of this report is the legislation matrix located in Annexes 1 through 3. This provides the reader with an important reference tool to existing legislation and the relevant articles or chapters therein relating to watershed management issues. By using this matrix the reader can save valuable time by not having to read entire legislative enactments to find pertinent provisions. 2 The format of the matrix is such that it can easily be updated as new legislation is enacted over time. This report is strictly limited to a review of documents that have been made available and does not take into account issues related to implementation or interpretation in the field. In addition, it is quite likely that some relevant policy or legislative documents could not be made available for the review, and that there are translation errors contained within the documents provided that could potentially impact on the analysis conducted. 3 It is hoped that this report, with the information presented, will provide a useful overview of the current status of policy and legislative development within the area of watershed management for the target countries examined. 1 For purposes of this report, the term legislation is broadly applied to include all laws, rules and regulations enacted by the various levels of a government. 2 Electronic copies of all the policy and legislative documents reviewed for this report are available from MRC GTZ Cooperation Programme (WSMC). 3 The text of relevant articles contained in the matrix is taken directly from the translations available without modification. 4

5 2. Policy Development The difference between policy and legislation is often confusing; in many instances commentators will refer to legislation as policy, though they should be separate and distinct instruments in the governance field. Policy documents represent a course of action or vision that a government has adopted, written in a standard report format, while legislation sets out specific mandates, rights, responsibilities and prohibitions on a subject matter within a rigid format of chapters and articles. Policy documents are written and adopted by a government s executive branch. Legislation is enacted by either the legislative or executive branches of government, with Laws being enacted by the legislative branch and implementing rules and regulations enacted, implemented and enforced by the executive branch. Good policy documents should be clearly written providing a government and its administrative agencies with clear directions on a course of action that is adopted. Policy documents are often adopted to direct the drafting, enactment and implementation of legislation. Policy documents can also be written to assist in the interpretation of legislation by those entities that are responsible for implementation and enforcement. Properly written policy documents compliment and link to legislative documents. In instances where there is no written policy on a subject matter, then the legislative documents are often times referred to as the government s policy; this is considered a very poor form of policy development, and in such instances clear policy should be written and adopted by the government. For government policy to be truly effective, it should contain clear statements on courses of action to be taken that can be effectively measured and monitored over time. Far too often policy documents only contain broad statements embracing a general concept without spelling out a clear course of action. The following is an overview of policy documents that either relate directly to or have provisions relating to watershed management in the target countries of Cambodia, Lao PDR and Vietnam. General comments on the status of policy development in this area are contained in Section Policies in Cambodia Royal Government of Cambodia s Second Five Year Socio-Economic Development Plan The Royal Government of Cambodia s (RGC) Second Five Year Socio-Economic Development Plan (SEDP II) is a policy document charting the course for the governments focus on a broad variety of developmental issues with a concentration on actions to be taken to stimulate economic growth and private sector development. Because of the natural links between this policy and the recently adopted National Poverty Reduction Strategy (NPRS), the two will be combined in Though this policy document does not focus on watershed management, it does recognize as a development goal the sustainable use of natural resources. Within this area there are several disjointed statements that are linked to watershed management. There is a recognition that deforestation has led to increased soil erosion, accelerating river silt, and changes to the Mekong River, Tonle Sap River and Tonle Sap Great Lake, which has resulted in extensive flooding. The policy also states that untreated wastewater is also a significant problem leading to the pollution of rivers and that a key issue is how to utilize 5

6 abundant water resources in a sustainable way particularly for the development of irrigation. 4 The SEDP states that rural infrastructure priorities are in the following order: water, roads and electricity. The development of single and multipurpose hydropower has the potential to mitigate floods, provide water for drinking and irrigation and also provide lower cost electricity to farmers and other local investors, as well as foreign investors. 5 Unfortunately this policy document does not make any concrete statements on what steps are to be taken to address any of these watershed management related issues. Royal Government of Cambodia s National Poverty Reduction Strategy The NPRS, like SEPD II, covers a broad range of issues impacting on poverty reduction within Cambodia, but unlike SEPD II, it clearly addresses issues that relate to watershed management. The policy also lists objectives, actionable measures to be taken, measurable indicators and targets set to specific timelines and the agencies responsible for carrying out the actions. Some of the key actions called for in the NPRS that can be linked to watershed management are as follows: 6 Draft Sub-decree on Land Use Plans which clarify management responsibilities and user rights over land surrounding natural resources areas; Strengthen water control and management systems to reduce dependency on natural condition; Improve agricultural land use based on soil classification, mapping and soil degradation prevention measures; Mapping of irrigation systems using satellite imagery and/or aerial photography; Establish a monitoring and evaluation system for irrigation and drainage within MOWRAM, based in a first step on benchmarking in a sample of schemes and a sample of farms inside these schemes; Define flexible standard design procedures for different kind of irrigation, drainage and flood protection systems; Adopt a comprehensive set of guidelines and the necessary regulations about farmer's involvement in irrigation development and management. The NPRS represents an improvement in the development of good policy within Cambodia, and it can be expected that this trend will continue with the integration of the SEDP and NPRS in While this policy document does show that there is government recognition of a link between poverty reduction and water resources management, the NPRS does not illustrate in any way that the RGC is embracing a natural resources or land use planning approach that is based on defined watersheds, river basins or catchment areas. Royal Government of Cambodia s National Forestry Policy This document is not so much a policy document as it is a government statement, which states a commitment to broad management principles. A comprehensive forestry policy within Cambodia still needs to be developed. With this in mind, there is very little in this statement that links to watershed management issues. This is unfortunate, as forestry management is intrinsically linked to watershed quality. The only language that can be linked in any way is a very broad one that states the RGC will strengthen the conservation 4 SEDP II, Page 27 5 SEDP II, Page 37 6 NPRS Action Plan Matrix, Annex 3 6

7 strategy to safeguard watersheds. Clearly there is a need for a comprehensive forestry policy that addresses watershed management issues. Royal Government of Cambodia s National Water Resources Policy In January of 2004, the RGC adopted the country s first National Water Resources Policy. This broadly worded document recognizes the importance of water resources within Cambodia, and calls for the sustainable development, use and conservation of these resources throughout the country. The document generally states that the RGC s National Water Resources Policy is: - To protect, manage and use water resources in an effective, equitable and sustainable manner, - To foresee and take measures to assist related institutions to address problems which might occur in the water sector, - To develop and implement the national strategy and formulate the national policy and sector policies on water resources management, - To direct the water resources development, management and utilization in the Kingdom of Cambodia to all activities of institutions, private sector and public sector, - To improve and uplift the citizens of Cambodia to achieve the national policy on poverty reduction and sustainable national economic development. 7 The policy calls for a number of ambitiously broad actions to be taken, such as improvements in agricultural irrigation and improved participation of beneficiaries and farmer user communities, improved utilization of water resources for energy development, improving access to water supplies for business and industry while simultaneously reducing wastewater discharges, improved urban and rural domestic water supply, improved utilization of water resources for navigation and tourism purposes, improved collaboration between RGC institutions that have different responsibilities with regards to water resources, improve the legislative framework related to water resource management and protection, including improved enforcement capabilities, improved mitigation of water related hazards caused by floods and drought, strengthen the capacity of RGC institutions, especially the Ministry of Water Resources and Meteorology (MOWRAM), that deal with water resources issues, improve the financial mechanisms for effective water resources management, improve international cooperation and coordination on water resources issues, etc. The major weakness with this policy document is that it does not spell out concrete actions that are to be taken, what timelines are involved or what institutions, agencies or departments are responsible. The only ministry that is mentioned is MOWRAM, and only in a very limited sense. One important positive aspect of the Water Resources Policy is that it formally introduces the concept of river basin planning and development to the management vernacular in Cambodia, defining the term river basin as follows: The area of land and the system of channels that contribute water to a river system (often referred to as a catchment [English usage] or a watershed [American usage]). River basins are arranged in a nested 7 RGC National Water Resources Policy, Section 1, Pg. 1 7

8 hierarchy, e.g. Mekong River basin contains the Tonle Sap basin, which contains the Battambang River basin, and so on). 8 The policy recognizes the importance of river basins as fundamental units of planning, development and management and calls for short, medium and long term river basin plans. Management efforts are to be focused on priority river basins that are under threat due to degradation or pressure from competing water uses. Unfortunately, the policy does not call for a river basin classification system to be developed. Though the Water Resources Policy has weaknesses, it represents an important step in the recognition by the RGC of the importance of water resources and the need to properly manage them in a sustainable manner. Like other government policies, it can and should be updated and improved over time. 2.2 Policy Documents in the Lao PDR Governments Strategic Vision for the Agricultural Sector The Strategic Vision for the Agricultural Sector outlines the Lao PDR government s broad approach towards increasing agricultural output in a sustainable manner. This policy essentially approaches the issue of agricultural development in Laos by focusing on two separate agricultural economies: the flat lands along the Mekong corridor and the sloping lands. Though there is only limited reference to watershed management issues, there does appear to be recognition in this document of the importance of proper management and sustainable use of water resources through a watershed approach. The document purports to adopt a policy of integrated area based natural resources management centered on watershed/river basins. This approach to area-based development centered on integrated watersheds/river basins is emphasized in sloping land areas of the nation. In the flat land areas, there is a commitment to and emphasis on increased and intensified irrigated dry season agriculture. Both of these approaches adopt a decentralized development planning process with the promotion of participatory, community management of systems and natural resources. There are also policy commitments to the issue of irrigation that apply equally to both flat land and sloping land areas. The commitments include allocation and provision of water, on a sustainable basis, for agro-forestry systems, diversification of water resources for irrigation, improvements in water resource productivity (efficiency of use), improvements in maintenance of the irrigations systems, and the stated commitment to maintain watersheds and mitigate environmental degradation. In terms of the participatory area-based planning, based on watersheds and river basins, the planning is intended to be a decentralized bottom-up process, wherein aggregated village plans form district plans and district plans form provincial plans. The aggregation of provincial plans will then be incorporated into the National Socio-Economic Development planning process. The Government recognizes and supports this approach to planning in the agricultural sector as the best means for improving the reach of public services and increasing livelihood alternatives in the countryside. Environmental Action Plan The Government of the Lao PDR drafted an environmental action plan that covers a broad variety of environmental issues facing the country, with Chapter 3.4 focusing specifically on 8 RGC National Water Resources Policy, Glossary and Section

9 water resources management. 9 The document provides a good overview of the current status of water resources in the country, identifies key issues that threaten these resources, and outlines actions that need to be taken within the identified five year time frame to address the issues. The document has a heavy emphasis on hydropower development and the protection of watersheds associated with hydropower projects. This policy document calls for river basin water resources management plans throughout the country, with coordination among all sectoral agencies. The river basin based plans, created and implemented at the basin or local level, should conform to uniform standards set at the central level of government in order to ensure the sustainable use of the water resources in question. The Action Plan recognizes that it would be impossible to create management plans for all river basins in the country within the five year time frame, so it calls for plans to be written for three identified priority basins. River basins without management plans will require extensive data compilation until such time as plans can be prepared. In addition to the creation of river basin water resources management plans, this policy document calls for water use and distribution plans for each river body. Ministry of Agriculture and Forestry s Strategic Vision for Integrated Watershed Management This ministerial level policy document reflects the government s adoption of an integrated watershed management approach as a process and planning framework for natural resources management and poverty alleviation. The watershed management plans are to be prepared at the district level and then fed into larger provincial plans. Where multiple districts fall within a single identified watershed, those districts must prepare their plans together. In order to ensure proper preparation of plans and implementation, manageable watershed units that can effectively collaborate with villages are to be created that should cover an area of no more than 1,600 square kilometers. Ministry of Agriculture and Forestry s (MAF) provincial and district offices will work with provincial and district governments and relevant sectoral agencies in preparing the plans. This ministerial policy document summarizes the concept of integrated watershed management, presenting the objectives of such management and outlining the steps to be taken during the planning process. It is important to note that this document illustrates the important role of land use planning in effective integrated watershed management. The policy calls for the creation of integrated watershed management plans for the whole country at district and provincial levels by 2010; emphasis during the period from should be placed on areas where there are hydropower projects and in the northern provinces of the country where important water resources have been recognized that are under pressure due to high levels of shifting cultivation and poverty. National Growth and Poverty Eradication Strategy The National Growth and Poverty Eradication Strategy includes a rather small section on integrated watershed management. The document recognizes that watersheds play an important role in natural resources conservation and in maintaining a healthy agricultural and forestry sector. As such, the policy states that the government is committed to integrated area-based natural resources management centered on watersheds through a decentralized planning process. Essentially, this national policy recognizes and adopts MAF s policy on integrated watershed management. 9 Only Chapter 3.4 from the Environmental Action Plan was made available for this review. 9

10 Forestry Strategy to the Year 2020 of the Lao PDR The Forestry Strategy to the Year 2020 (FS 2020), which has been endorsed by the government, is the official document that guides development of the forestry sector in line with overall national plans and strategies for socio-economic development and environmental conservation, including the National Growth and Poverty Eradication Strategy. The strategy includes clear directives and priority actions that are to be taken with set timelines for meeting various goals. FS 2020 also includes implementation, monitoring and evaluation mechanisms to ensure the directives and actions are met. There are several provisions that tie to watershed management issues within FS The policy identifies as a high priority the creation of a national land use policy, introduction of a land use planning system at the national and local levels (provincial, district and village level), and conducting a national land use zoning based on the policy and legislation by the year FS 2020 contains specific provisions on watershed protection such as the creation of an inter-sectoral coordination mechanism for effective watershed management, supporting implementation of integrated watershed management in the field, initiating schemes for rehabilitating degraded watersheds with villager s participation, and prioritizing crucial and vital watersheds throughout the country that need to be protected and managed to secure soil and water conservation through sustainable natural resources use. All the provisions related to watershed management have been identified as high priority items that should be implemented by Ministry of Health s National Water Supply and Environmental Health Programme This national strategy establishes the overall framework and broad guidance for all government entities involved in rural water supply and environmental health sector. This policy document, though giving guidance and direction from the national level, reinforces the government s decentralisation policy and the need for bottom up planning with meaningful community participation. This document represents the first revision to the original strategy adopted back in 1997, and illustrates how policies should be periodically updated over time based on lessons learned. The primary focus of this policy is the planning, creation and maintenance of effective potable water and sanitation facilities for villages throughout the country. This is to be conducted through a clearly articulated 7 step process included within the policy. Though there is no mention of impacts on watersheds or linking with watershed management plans, the policy does state that the lead agency (National Center for Environmental Health and Water Supply within the Ministry of Health) must coordinate its activities with other government sector agencies. 2.3 Policy Documents in Vietnam National Five Million Ha Reforestation Program This document is a perfect example of how a policy often times links directly to legislation and helps to clarify its interpretation and implementation. 10 One of the key stated objectives of this reforestation program, adopted by the Ministry of Agriculture and Rural Development (MARD), is the creation of 2 million hectares of special use and protection forests, including forests for watershed protection, through natural regeneration and the planting of trees. 10 In this instance the policy document ties to the 5 Million Hectare Reforestation Programme enacted through PM Decision 661(1998). 10

11 This ministerial policy illustrates the governments understanding of the importance of the creation and expansion of watershed protection forests, which was originally embraced back in 1992 through PM Decision 327. Over time as lessons have been learned, the government s policy has been adjusted and modified. The document gives a good overview of the development of the governments policy and programs since 1992, how the current program is set up, who is responsible for implementation at the national and local levels, what procedures are to be followed, what specific actions are to be taken, and how implementation is to be monitored and evaluated over time. Watershed protection forests are classified as very essential, essential and less essential within the policy. Natural regeneration is emphasized for these forests except where it is identified that planting of suitable tree species is necessary. 11 Watershed protection forests over 5,000 ha are to be allocated to management boards established for those forests, while the protection forests less than 5,000 ha are to be allocated to households and individuals in the locality through village and hamlet communities for management, protection, and development with compensation received in the form of a share in the yield and other benefits from the forest. 12 Forestry Development Strategy This ministerial policy document (adopted by MARD) outlines the plan for sustainable management and development of the forestry sector in Vietnam during the period from 2001 to The document gives a good overview of activities and actions that took place in the forestry sector from , outlines constraints and challenges in the sector, and clearly presents the development objectives for the sector to The policy states as a goal to establish 6 million ha of protection forest of highly critical and critical protection categories including 5.6 million ha of watershed protection forest. The strategy specifically states as follows: As for watershed protection forest: during ongoing projects will be reviewed and streamlined, at the same time more forest will be planted for river basins in Northern mountainous areas (Da, Thao, Gam, Thai Binh rivers), Northern Central (Ma, Ca, Gianh, Ben Hai, rivers), Southern Central (Cai, Con, Da Rang rivers), and Central Highland (Ba, Sesan, Dong Nai rivers). 13 Of particular note is that the policy orients forestry development by different econoecological zones based on various regions and sub-regions of the country, with each identified region having specific forestry tasks identified that take into account the specific situation in that area. 14 This is an example of very detailed regional planning specifying detailed interventions that take into account the actual situation on the ground and provides clear guidance to the local authorities for implementation. Comprehensive Poverty Reduction and Growth Strategy Vietnam, like Lao PDR (and Cambodia in the near future), has adopted a broad government strategy that addresses both economic development and poverty reduction within the 11 National Five Million Hectare Reforestation Program, Page National Five Million Hectare Reforestation Program, Page Forestry Development Strategy, Page Regions identified include the Northern Mountainous and Midland Region, Northern Lowland Region, Northern Central Region, Southern Central Coast Region, Central Highland Region, Southeast South Region, and the Mekong River Delta. 11

12 country. The Comprehensive Poverty Reduction and Growth Strategy (CPRGS) combines existing sector policies and plans into the strategy. As part of the CPRGS, issues of natural resources management, including water resources management, are addressed. The government clearly links improvements in the sustainable management of natural resources with reductions in poverty. The policy spells out clear actions to be taken to meet specific goals, indicators to be monitored to assess progress, scheduled reporting frequencies to track the progress being monitored and listing the agencies responsible for implementation and reporting. In the area of water resources and watershed management, there are only limited references. Specific actions and goals that can be linked include the following: Ensure that all wastewater is treated in towns and cities by 2010; water pollution standards must be met by 2005; approve and implement the National Strategy for Environmental Protection ; supplement, complete and develop new legal normative documents to provide concrete guidelines for implementation of the Water Resources Law, Environmental Protection Law and other legal documents; implement the Water Resources Law to improve the sustainable management of water resources, watershed protection forests and land resources; and, complete nationwide land classification. 2.4 Comments on Policy Development in the Target Countries While all three countries have policies that relate to watershed management in some way, the quality of policy development and focus differ quite a bit. There is room for improvement and refinement in the body of the policy documents for all of the target countries, though some exhibit more of a need than others. It is clear from what has been adopted that Cambodia is just beginning to address the importance of proper water resources management, with initial policies that tend to be very broadly written and do little to guide government entities activities. The exceptions to this statement are the provisions within the NPRS that can be linked to watershed or water resources management activities. In addition, the recognition in the National Water Resources Policy of river basins as planning units is very promising. Generally, it appears that the RGC has yet to fully grasp the concept of clearly defined watershed management activities within its policy development. This can surely improve as there are opportunities for continued policy development and improvement within the country, such as the need for the drafting of a comprehensive forestry policy. Cambodia exhibits the greatest need for policy development related to watershed management. Laos, in comparison, has a strong body of policies that address and embrace the concept of integrated watershed management throughout the country in a variety of sectors. Laos clearly recognizes that water is one of its greatest resources, especially in terms of the potential for hydropower development. The concept of integrated watershed management as a multi-sector planning tool and its heavy emphasis on hydropower development far exceed the prevalence of such issues appearing in the policy documents of the other two countries. Vietnam has over ten years of dealing with the concept of watershed management within the forestry sector, and the policy development within this sector is very well developed at this point in time. Outside of the forestry sector it appears that there is not much recognition 12

13 of watersheds or watershed management issues within the various policy documents. What has been recognized in the policies of the forestry sector should be integrated and better linked to policy documents in other related sectors that deal with land use planning, agriculture, environment, water resources management, etc. While Cambodia has the most work to do in terms of developing strong policies related to watershed management, Lao PDR appears to have the most developed policy documents in this field. Vietnam has developed strong policy documents within one sector, but much more needs to be done in that country for other related sectors. 13

14 3. Legislation All of the target countries share a similar legislative structure, where there is a hierarchy of legal documents that include a Constitution as the supreme law of the land, laws passed by a National Assembly (legislative branch of government) and rules and regulations enacted by the government (executive branch that includes a Prime Minister and various line ministries). Each of these levels of legislation, except for the Constitution, derives its validity and authority from a rule placed above it in the hierarchical structure of legislation. The hierarchy of the legislation reviewed for this analysis is presented in Annex 5. The following is an overview of the key legislative enactments that have provisions relating to watershed management in the three target countries. Comments on the target countries legislative framework, as it relates to watershed management, are presented in Section Legislation in Cambodia Royal Decree on Watershed Management This brief document stipulates a general basis and directive for watershed management as it relates to forested areas of the country and grants the clear authority over management of forested areas within watersheds to the Ministry of Agriculture, Forestry and Fisheries (MAFF) in cooperation with other Ministries, International Organizations and Civil Society. The Royal Decree defines a watershed as line of high land where streams of one side flow into one river, lake or sea and streams on the other side flow into a different river, lake or sea. 15 Law on Environmental Protection and Natural Resources Management This Law sets up a broad mechanism for environmental and natural resources planning, protection and monitoring in Cambodia. The Law calls for the Ministry of Environment (MOE) to create national and regional environmental plans, which could presumably include watershed management issues. The Law also grants to MOE authority over water pollution control issues. There are no direct references to the concept of watershed management within the Law. Law on the Administration and Management of the Commune This important piece of legislation grants executive and legislative authority to semiautonomous democratically elected commune councils at the local level of government in Cambodia. Commune councils have authority to protect the environment and natural resources within their commune boundaries. The commune councils must create commune development plans that could include watershed management issues, though there are no direct references to water resources or watershed management within the Law. Land Law The Land Law in Cambodia helps to identify the types of land that come under the direct control and ownership of the State (State Private and State Public Lands). Natural bodies of water and water courses are considered property of the State according to this legislative 15 Royal Decree on Watershed Management, Article 2. 14

15 document. The Law does not spell out a mechanism for land use planning, nor does it directly mention water resources or watershed management in any way. Forestry Law This law sets up the regime for management of Cambodia s forest resources. Within this law, authority over specific forested areas is outlined, with the Forestry Administration under MAFF having primary authority over State Public Forest Lands except Protected Areas under the jurisdiction of MOE and flooded forests that come under the jurisdiction of the Fisheries Administration. The Law creates a mechanism by which forest areas can be classified specifically as Watershed Protection Forest, thereby reinforcing the provisions contained in the Royal Decree on Watershed Management. 16 Management plans for areas designated as Watershed Protection Forests must be prepared by the Forest Administration. 17 Ministerial Organization and Functioning Sub-Decrees Every Ministry within Cambodia has a Sub-Decree that clearly spells out its organizational structure, functions and duties. In terms of watershed management, the most important of these Sub-Decrees are those for MAFF, MOE, Ministry of Industry, Mines and Energy (MIME), Ministry of Land Management, Urban Planning and Construction (MLMUPC), and the Ministry of Water Resources and Meteorology (MOWRAM). These Ministries basic functions as related to watershed management issues are as follows: 18 MAFF: Jurisdiction over issues related to the agricultural field within Cambodia, including issues related to watershed management such as forestry, agricultural irrigation and fisheries management. MIME: In terms of functions linking to watershed management, MIME has authority over issues involving the generation of hydropower and sanitary water production. Within these areas, MIME appears to have overlapping jurisdiction with MOWRAM. MLMUPC: This Ministry is responsible for issues surrounding land management within the country, and is responsible for the delineation and demarcation of areas of State Public Land, such as Watershed Protection Forests. In addition, MLMUPC has the specific function of ensuring that decisions on infrastructure construction are in accordance with priorities of the governments land management policy. MOE: General jurisdiction over environmental and natural resources protection issues within Cambodia, such as pollution control, environmental education, management planning and reviewing environmental impact assessments for development projects. MOE also has management authority over the Protected Areas system in Cambodia. 19 MOWRAM: The most important ministry in Cambodia in terms of water resources and watershed management. Within this ministry is the Department of Water Resources Management that has direct authority over hydropower production, watershed management areas and technical review and monitoring of all water resource construction activities in 16 See Article 10 of the Forestry Law 17 See Article 23 of the Forestry Law 18 See Annex 1 for details 19 Protected Areas under MOE jurisdiction should not be confused with Protection Forests, including Watershed Protection Forests, that are under the jurisdiction of the Forestry Administration within MAFF. 15

16 Cambodia. The Department of Hydrology and River Works is responsible for evaluating and monitoring water resources and preparing plans for watershed protection. This ministry will be responsible for implementing a Water Resources Law and subsidiary rules and regulations once they are enacted in Cambodia. Sub-Decree on Water Pollution Control This Sub-Decree regulates water pollution control in Cambodia, requiring dischargers to apply for permits and meeting effluent standards prior to discharge. MOE is responsible for enforcing the provisions in this regulation that is mandated by the Law on Environmental Protection and Natural Resources Management. The Sub-Decree primarily focuses on the control of point source discharges of pollution into receiving streams. Though there are detailed effluent standards included within this document, it is interesting to note that, unlike the other target countries, Cambodia has not created a standardized fee system for discharges of wastewater. 3.2 Legislation in the Lao PDR Forestry Law Though the Forestry Law in Laos covers activities related to the entire forestry sector, one of its stated purposes is to ensure the protection of water resources in the country. The Law calls for short, medium and long term plans to be developed, which could include issues relating to watershed management. Similar to both Cambodia and Vietnam, the Forestry Law in the Lao PDR permits the classification of forest areas into Protection Forests for the purpose of protecting water resources and preventing soil erosion. 20 Most activities within Protection Forests are strictly prohibited, including activities that would normally fall under the definition of traditional use rights. The Forestry Law grants primary responsibility over forest resources management to the Ministry of Agriculture and Forestry (MAF). The Law also outlines the roles and responsibilities, including those related to water resources management, of the Provincial Agriculture and Forestry Division, the District Agriculture and Forestry Office, and village administrative authorities. 21 Water Resources Law This Law outlines the mechanisms by which the Lao PDR s water resources are to be effectively managed, developed and conserved. The term water resources is expansively defined and includes underground water resources. Many of the provisions within this piece of legislation are very broad, with detail for implementation to be provided by subsidiary rules and regulations such as the PM Decree that implements the Law. The Water Resources Law creates a classification system for both water resource types and catchments that feed directly into national planning programs such as the National Socio-Economic and Environmental Development Plan; it should be noted that catchments are recognized as units for planning purposes. In addition to the classification systems, the Law describes water use and development as small, medium or large and dictates what 20 See Articles 16 & 17 of the Forestry Law. 21 See Articles of the Forestry Law. 16

17 levels of government must approve these uses or development projects (provincial authorities, national government and national assembly respectively). 22 Unfortunately, this Law does not outline roles and responsibilities of the government entities that are responsible for water resources management in the country, other than to state that MAF is responsible for water source and water catchment surveying and listing. 23 The PM Decree implementing this Law outlines the responsibilities of the various government agencies in this field (see below). Land Law The Land Law determines the rules relating to the management, protection and use of land within the Lao PDR and presents a balanced approach between economic development and environmental protection. The Law divides all lands in the country into three regions (plains, plateau and mountain) and further sub-divides these into three sub-regions (urban, rural and specific economic). In addition, as part of the nationwide process of land classification and planning called for in the Law, land should be classified into a specific category (agricultural land, forest land, construction land, industrial land, communication land, cultural land, land for national defense or water-area land). 24 MAF is charged with managing agricultural land (including irrigation works), forest land and water area lands (land submerged or surrounding water sources). The Ministry of Communication, Transport, Post and Construction (MCTPC) is charged with managing communication land (includes water canals, lands associated with bridge construction and harbors). Law on Environmental Protection This Law specifies the general rules and measures for managing, monitoring, restoring and protecting the environment within the Lao PDR. The Law addresses issues of pollution control, including water pollution control, but does not spell out specific standards. There is no direct language in this legislation related to watershed management. The Science, Technology and Environment Agency (STEA) is charged with the general oversight and regulatory authority over activities that impact on the environment, including the monitoring and evaluation of the activities of other government entities. 25 As with most laws passed by National Assemblies in the three target countries, this piece of legislation is very broadly worded with details for implementation to be contained in subsidiary regulations. PM Decree 102 Implementing the Law on Environmental Protection This piece of legislation provides some of the detail called for in the Law on Environmental Protection, but is largely just a restatement of the provisions that were already enacted in the Law. The Decree strengthens the authority of STEA by stating that it is responsible for outlining the necessary guiding regulations on environmental protection for all concerned Ministries and provincial authorities and also mandates that it shall issue regulations on 22 See Articles 9, 10, 15, 16 and 17 of the Water Resources Law. See also Article See Article 8 of the Water Resources Law. 24 See Article 11 of the Land Law. 25 See Article 36 of the Law on Environmental Protection. 17

18 water quality standards. 26 The Ministry of Industry and Handicraft (MIH) is charged with issuing regulations for the control of pollution (including water pollution) from industrial sources, while MAF is responsible for issuing regulations on the prevention and control of soil and water pollution that may occur from agricultural production (non-point sources of water pollution). 27 PM Decree 204 Implementing the Water Resources Law This Decree, like PM Decree 102 described above, largely restates many of the provisions within the Law that it is supposed to implement. It does, however, list the roles and responsibilities of the various government agencies that are involved with water resources management in the country. Of special note, this Decree calls for the drafting of River Basin Plans (RBPs) and Water Resources Management Plans (WRMPs) that are to be in harmony with the National Socio-Economic Plan, National Land and Forest Use Management plans. 28 This Decree outlines the responsibilities of the various government entities involved in water resources management as follows: 29 MAF: Responsible for management, exploitation, development and use of water resources in the agricultural field, collecting meteorological and hydrological data, preparing inventory of water resources and river basins (catchments), determining protected and reserved areas for water conservation purposes, and preventing soil erosion related to agricultural activities. MCTPC: Responsible for management, exploitation, development and use of water resources in the fields of communication, transportation, town water supply, urban drainage, protection of river banks, the prevention and control of flooding and collection of hydrological data for navigation. MIH: Responsible for management, exploitation, development and use of water resources in the field of electricity, industry, mining, including regulating water pollution discharges from activities in these fields. Ministry of Public Health (MPH): Responsible for management, exploitation, development and use of water resources for rural domestic consumption and health care. Ministry of Trade and Tourism (MTT): Responsible for the management, exploitation, development and use of water resources in the field of tourism. STEA: Responsible for coordinating between different line agencies in establishing rules and regulations pertaining to the management of the environment, conducting research and development related to water resources technologies and science, and is also responsible for the overall management and control of wastewater. Lao National Mekong Committee (LNMC): Responsible for coordinating different line agencies to conduct studies, implement policies, strategic plans and programs that are included in the development plan of the Mekong River Commission, coordinating with line agencies and local authorities in planning processes that involve water resources, including 26 See Articles 4 and 14 of PM Decree See Article 15 of PM Decree See Article 9 of PM Decree See Articles 3, 5, 6, 9, 21-23, 27 and 30 of PM Decree

19 the preparation of RBPs and WRMPs, and resolving disputes related to international water resources in conjunction with the Ministry of Foreign Affairs. Water Resources Coordinating Committee (WRCC): Responsible for coordinating line agencies in drafting of policies, strategies and action plans for the management and use of water resources (including RBPs and WRMPs). The WRCC is also responsible for monitoring, control, promotion and reporting on the implementation of activities related to water resources. PM Decree 67 Creating the National Land Management Agency This Decree establishes and also spells out the roles and responsibilities of the National Land Management Agency (NLMA). The NLMA, located within the Prime Minister s office, is responsible for the drafting of policies, strategic plans and legislation in relation to land management and development in the country. 30 The NLMA is essentially responsible for taking the lead role in land classification and land use planning activities mandated by the Land Law in coordination with other government entities from the local to the central level. 3.3 Legislation in Vietnam Law on Forestry This Law creates the management structure for the forestry sector in Vietnam. As with the other target countries, this document provides for the classification of forest areas as Watershed Protection Forests, and mandates that these areas shall have management boards that are responsible for preparing and implementing management plans. The Law speaks of a Ministry of Forestry, but this entity has subsequently been replaced by the Ministry of Agriculture and Rural Development (MARD). The current Forestry Law will be replaced sometime in the near future in order to reflect the current regulatory and policy situation in Vietnam. Law on Environmental Protection This very generally worded piece of legislation relates to the protection of the environment and prohibitions against activities that could harm the environment. The Law does recognize the importance of forest cover to protect watersheds and states that organizations and individuals must protect water sources, water supply and drainage systems. 31 Law on Water Resources As with the other Laws enacted by the National Assembly in Vietnam, the language in this document is generalized and does not give clear guidance on activities, standards or responsibilities of various government entities in the management, use, development and protection of water resources in the country. The Law on Water Resources does establish a river basin zoning mechanism, but it does not explain how this is to be implemented or what standards are to be used. 32 In addition, the Law generally states that People s 30 See Article 2 of PM Decree See Articles 12 and 15 of the Law on Environmental Protection. 32 See Article 5 of the Law on Water Resources. 19