Mongolia nfp UPDATE - information as of 2004 Nfp process This section brings a brief chronology of the nfp process, from its early phases to the latest developments. Details are given on the mechanisms, procedures and structures put in place to advance the implementation of the nfp, as well as on the main issues constraining its progress. A final overview on the forthcoming actions and activities closes the section. Chronology of the nfp process During the 1970s the question of environmental protection was raised and the Government of Mongolia began to take measures for environmental protection, forest rehabilitation and reforestation with specific tendencies and objectives. During the political and economical renovation started in 1990, the government has made efforts to create a legal and economical framework for forest protection and proper use, as well as for reforestation; it also engaged in policy formulation and implementation. The Constitution of Mongolia, enacted in 1992, declared all natural resources as state property under the control of people and state protection. In the second half of the 1990s, a set of laws and legal instruments for the development of the forestry sector were developed and approved, including the fundamental Forest Law (1995), the National Forest Policy and the first national forest programme (1998). The Forest Law legitimated, for the first time in country's history, people's rights to live in healthy and secure conditions, to seek state protection from environmental pollution and misbalance of environmental conditions. During 1993, the preliminary planning exercises for the development of both the National Environmental Action Plan (NEAP) and the Biodiversity Conservation Action Plan (BAP) were undertaken. The National Plan of Action to Combat Desertification (NPACD) was prepared in 1991 by Mongolian and Russian specialists with assistance from UNEP, ESCAP, and the Russian Centre for International Projects (CIP). In 1994, the draft was revised, and the final document was approved by the Government in July 1996 (FAORAP 2000). The Mongolian Action Plan for the 21st century (MAP-21) was approved by the Government in November 1995, and formulated with assistance from UNDP. MAP-21 is the country's national agenda on sustainable development for the 21st century and covers activities at the national and provincial (Aimag) levels. It provides an overall framework for sustainable development activities based on the country's natural resources and ecosystems, including protection and careful use of the forest resources. In mid 1997, the Government submitted an official request to FAO for support to launch a national forest programme. An FAO mission was fielded in May-June 1998 and produced a draft project proposal to launch the nfp exercise. The proposal resulted in a UNDP funding for a SPPD project for National Forest Programme in Mongolia (MON/00/304 SPPD, Nov. 2000 to Aug. 2001). The first national forest program was launched in 1998 by Government Resolution No. 122, with the main aim of intensifying forest protection activities. It encouraged the implementation of a policy of Participatory Forest Management in Mongolia. Under this framework about 22 "community forestry" pilot initiatives have been established in Selenge (16), Arkhangai (2), Bulgan (2), Khentii (1), and Tuv (1). The national forest programme was renewed in 2001 with particular emphasis in structural and organizational changes, including the establishment of a Natural Resource Board, Forest Boards and forest offices in the provinces, and appointment of forest specialists in provinces. Within the reform framework, the Mongolian Government Resolution No. 125 of 22 June 1998 defined ways and conditions for the lease of State land to economic entities and organizations. 1
The "National Forestry Statement" ratified in 1998, stated that 6500 ha of forests land are planned to be reforested in 2000 and 40,000 ha for the period 2000-2005 (FAORAP 2002). The Forest Law was amended in 2000 to better adapt to the new framework defined by the Forest Policy and the other changes occurred from 1995 on (see the section on Legislation). A new Land Law was enacted in July 2002, which generated some conflicts with the Forest Law regarding the authority being entitled to grant licences on forest land. Mechanisms and procedures The Mongolia Government has expressed interest in receiving support from the nfp-facility scheme in order to improve the institutional capacity, including improvement of awareness and participation of partners and stakeholders, to catalyze the NFP preparation and its implementation. In this regard, in October 2002 training was provided on participatory problem and solution identification. Two workshops took place, one in Ulaanbaatar involving senior officer of the MNE and a second one in Sukhbataar, Selenge aimag, involving government officials and various stakeholders. Similar activities were conducted in Tuv and Bulgan aimags. These activities resulted in the formulation of recommendations for an adapted and enabling institutional framework for the forestry sector. Currently the process is in-going with further activities (see 3.4) and should culminate with the formulation of a new forest policy. Main constraints Constraints for the implementation of the nfp are still many in Mongolia. The existing nfp is rather a plan of action and is lacking a strategy and a vision for the sector. In addition many of the recommended actions cannot be implemented due to lack of human and financial capacity. The on-going revision process of the nfp should contribute to alleviate these deficiencies. Among the current constraints insufficient funds, shortage of professionals specially at technical level, lack of reliable and up-to-date forest maps, adequate infrastructures, information at management scale, lack of clear institutional responsibilities, inadequate people participation, inadequate legal framework and enforcement capability can be mentioned. Future actions A recent review of the progress made on the activities supported by the nfp-facility, pointed out very clearly that the Mongolia forestry sector is in need of a new forestry policy. Recent and rapid changes in the political and socioeconomical development of the country have left the sector without a clear vision for the future. To prepare the formulation of a new forest policy the following activities will be carried out in 2004-2005: Review the afforestation and desertification control strategies (rationale: important funds are devoted yearly for afforestation, but the results are poor). A committee with various stakeholders will be established to steer the review process. Training need assessment (rationale: there is a very important need for forest technicians but there is no longer a training school). Review the institutional set-up (rationale: despite the recent institutional reform, a lot remains unclear, i.e. job descriptions are not available). A steering committee will be established. Development of a monitoring and assessment system for forestry activities, such as harvesting, planting, etc. at aimag level (rationale: the current monitoring and evaluation system needs to be improved). Study tour for high-level policy makers (Director of Agency, two governors, two members of parliament, and two local stakeholder representatives) to Nepal to review achievements of community forestry in this country. Participatory forestry is increasingly recognized by all actors as being one of the main solutions, together with the involvement of the private sector, for sustainable forest management in Mongolia and 2
such study tour will contribute to a better understanding of its potentials and to the development of an adapted concept for the country. Capacity building. Training of further officers on forest governance, participatory forest management planning, conflict management, etc. With regards to Aimags' Environmental Protection Agencies, there is a need to recruit people with various backgrounds, e.g. land tenure, forestry, water and hunting fields. Currently most agencies have only one forest specialist which is not sufficient to look after forest protection and reforestation. Participatory forestry is clearly recognized as a main strategy towards sustainable forest management in Mongolia. Meetings undertaken by FAO officials with various organizations have shown the strong interest to collaborate in the implementation of the recently launched TCP/MON/2903. The objective of the assistance is to develop an enabling framework to encourage the active participation of stakeholders, more specifically the rural population, in forest management to improve their livelihoods through sustainable forest utilization. To achieve the above the Government of Mongolia is requesting assistance in participatory forestry, forest mapping, forest legislation and public awareness campaign. Within the project framework, pilot sites will be selected in areas where other similar initiatives are taking place, in order to ensure a coherent development of the concept and to create synergies. Forest policy The national forest policy and theirs main achievements are hereby pointed out, together with the draft or official policy statement, when available. Two specific sub-sections on forest tenure and financial issues provide a more complete vision on the socio-economic context influencing the forest policy. Main achievements In 1997, the Parliament passed the National Policy on Environmental Protection. With regards to forestry, the policy identified the following priority areas (FAO RAP 2000): forest resource development; improvement of forest inventory methodology; institutional strengthening for forest protection from fires and diseases; high survival rate of seedlings, and improvement of wood harvesting and wood processing technologies. In line with the international principles of sustainable development, the Government Action Program of Mongolia contains significant objectives in the fields of forest protection, proper use of forest resources and reforestation. The objectives and plan of action defined by the state Policy on forestry satisfy the requirements for ecological balance and sustainable development of the country. Forest, trees and land tenure Until 1990, all land and natural resources belonged to the State as defined by the Mongolian Law on Land and Forests. Following the directions of the new Constitution of 1992, declaring that citizens of Mongolia could own private land, article 3 of the 1995 Forest Law provided for the possibility to transfer user rights to persons and group of persons. The Mongolian Government Resolution No. 125 of 22 June 1998 defined ways and conditions for the lease of State land to economic entities (e.g. industries) and organizations (e.g. communities). The duration of the licence/contract can cover periods of 20, 40 up to 60 years giving the possibility to explore different types of transfer of the 3
management responsibilities over forest resources. It is in this framework that "community forestry" agreements have been developed. It was reported that between 1998 and 2000 the Government issued contracts of 20-40 years duration with 6 communities covering an area of 37 000 ha, and 60-year contracts with some private logging companies covering an area of 11 800 (FAORAP 2000). A new Land Law was enacted in July 2002, which generated some conflicts with the Forest Law on the issue of land lease. In particular, there is some confusion about the authority being entitled to grant licences on forest land, and this contradiction might become a major obstacle for any further involvement of stakeholders in forest management. Forest finance Since 1990, the economic development has been shifting from a centrally planned to a market-oriented system. The system aims at expanding the role of the private sector, diversifying the economic base, promoting exports, and strengthening the institutions. The initial phase of implementation of the system was characterized by a rapid devaluation and inflation, a decreased domestic production, increasing unemployment and an overall diminution of the living standards. Since 1996, the new system has had a positive impact on the socio-economic development of the country (FAORAP 2000). As a consequence of the economic restructuring, many of the forestry functions were turned over to the private sector and the Mongolian Forest Industries Association gained more importance. The privatisation of the forestry sector is still underway and was in line with the Privatisation Programme of 1996-2000. Before the transition approximately 2.2 million cubic meters of timber were produced annually, and forest products contributed almost 6% to country's GDP. The current volume of annual timber production is 0.5 million cubic meters and GDP contribution of the forest industry is less than 1% (FAO unpublished). Institutions This section presents an overview on the main forestry and forest-related public bodies operating at the national and local level. Details on the decentralization processes and structures are also provided, when available. A special subsection on the major national and sub-national stakeholders outside the public sector completes the picture. Decentralization Forest protection and reforestation activities at the national level are under the responsibility of the Natural Resources Agency, while at Aimag level the competence is left to the Governors office and the Environmental Protection Agency. Resolution No. 13 of 2002 ("Plan of measures to implement first stage objectives of national forest program") contemplates the establishment of State organizations responsible for forestry at the Aimag level where appropriate (depending on the relevance of forest resources in the Province). At the beginning of 2003, Environmental Protection Agencies often consisting of 3 to 4 people each were established in Aimags' and capital city' Governors offices to act in frame of Governors' duty. These agencies have responsibility for the implementation of the Policy on Natural Resources Protection, including forest protection, proper use and reforestation at the Aimags and city level. Concerning reforestation activities, at the local level most of the forest organizations and timber cutting enterprises with different types of ownership or properties have contracts with the Governors office. 4
Other stakeholders The public movement "Everybody plant a tree" spread in all Aimags and capital city with the result of 449 000 trees planted in 2002. More that 144 thousand people from 4400 enterprises and organizations were involved according to national sources. Legislation The main forestry laws and regulations, either enacted or under development, are listed and shortly presented. Details are given on other significant legal instruments pertaining to sectors having a bear on forestry, such as agriculture and environment. A complete list of legal papers from the joint ECOLEX database is provided. Forestry legislation Mongolia has and historical tradition of laws and customs on environmental protection dating back to the time of Genghis Khan. The "Khalkha juram" (Khalhka regulation) recommended to sanctify the land, not to cut dry nor green lumber near the monastery and to extinguish the fire. In case of violation, a fine was imposed according to the status of the lawbreaker: a horse if lord, a cow if dignitaries and sheep for ordinary people. In chapter 59 of the "Prohibition law paper" issued in 1294, it was pointed that to protect land it is necessary to plant trees in spring time in the settlement areas, along the river banks, on dam, relay station and alongside the roads. Thanks to this ancient protection legal framework, also regulating nomadic life, customs and civilization, Mongolia managed to conserve its fragile environment in good conditions through the centuries. During the 1970s environmental protection became a relevant issue and the government began to take measures for forest conservation, rehabilitation and reforestation following specific tendencies and objectives. During the political and economical renovation started in 1990, the government has made efforts to create a legal and economical framework for forest protection, proper use and reforestation; it also engaged in policy formulation and implementation. The constitution of Mongolia, enacted in 1992, declares all natural resources as state property under the control of people and state protection. A set of laws and other legal instruments was developed and adopted in mid 1990s, including: the "Forest law" (1995), the "Fee for using forest resources on timber and fire wood" (1995), the "Law on Forest Steppe Fire Protection" (1996), the "Principles for Assessment of Forest Steppe Fires Risk" (1997), the "Rules for Mobilisation of Resources during Forest Steppe Fires" (1997). The Forest Law, 1995 (amended in 2002) The law legitimated, for the first time in country's history, people's right to live in healthy and secure conditions, to seek state protection from environmental pollution and misbalance of environmental conditions. It stipulates that the State budget for protection and restoration should be at least 70% of the fees collected during the same year. Other salient features of the law included: Greater emphasis on the protection of forest resources and the environment; The ban of the clear-cutting system; 5
The decentralization of logging quotas at the provincial level; The calculation of royalties based on the market price; The obligation for logging companies to plant 3 to 5 seedlings for each tree cut. The Forest Law was amended in 2002 to be in line with the Forest Policy approved in 1997 and the institutional restructuring occurred meantime. It includes new prescriptions such as: the arrest of the transportation means used by the offender when performing illegal activities; the seizure of natural resources when extracted, collected or used illegally and the arrest of the transport means, equipment and facilities used for illegal activities; the use of evaluation tools such as the Ecological Impact Assessment and the Certificate of Origin of wood to estimate the damages to forest resources. The improvements to the legal framework did not have a direct impact on the number of violations so far. According to national sources, in 2002 about 10 500 infringements to the environmental protection laws were revealed, of which about 46% directly interest forest resources. Other relevant legislation Log exports were banned in 1995, and since then the trade previously conducted with the Soviet Union shifted to China and other Asian countries in the form of processed products (FAORAP 2000). In 1999, an export tax on round wood and sawn wood equivalent to US 150 per m3 was adopted by the Parliament. This law was designed to ban the export of raw and semi-processed wood with the main objective to promote domestic processing and conserve the forests (FAORAP 2000). Sources used FAO RAP. 2000. Asia and the Pacific National Forestry Programmes: Update 34. Bangkok. http://www.fao.org/docrep/003/x6900e/x6900e00.htm Other unpublished material and FAO internal documents. Edited A. Alba April 2008 6