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University of Joensuu

Faculty of Forest Science

Forest Conflict in Cambodia

Case: Forest conflict between local communities and forest industries


in Cambodia

Donal Yeang

Discussion Paper

Joensuu 2009

Finland

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Abstract

In Cambodia, the majority of the population lives in rural areas, earning their
livelihood based on forest resources for timber and non-timber forest products.
Because the nation’s forests provide great benefit to many people, the forest conflicts
are unavoidable in the society. The conflict between forest industries and local
communities in Tum Ring commune, Kampong Thom province was taken as the
example because it was noticeable forest conflict in Cambodia.

After the Royal Government of Cambodia allowed the domestic and international
companies to manage and harvest the forest under forest concession permits, local
communities in the Tum Ring commune suffered as a result of forest harvesting
operations due to restricted access of forest resources. As a result, there were some
conflicts between the local communities and forest concessionaires. Global witness,
an international ENGO based in the United Kingdom, started its campaign against
forest industries and the government to draw the attention of national and
international organizations. The forest conflicts seem not to end yet even the
government decided to suspend and cancel some the forest concession permits in
response to the issues. After forest concession activities were stopped, Economic
Land Concession Projects were introduced by the government and conflicts between
local people and rubber plantation companies occurred again. Under the intervention
from international institutions and the government, the conflict has been solved by
offering compensation and other alternative solutions to the local communities. Forest
conflict in Cambodia can be seen as the lesson learned of government regarding to
forest concession and economic land concession scheme. To avoid forest conflicts,
environmental and social economic impact assessments at local level need to be done
before the implementation of any development projects like economic land
concession (e.g rubber plantation).

Key words: Forest concession, Economic land concession, Indigenous people, Global
witness, ENGO, Government of Cambodia, Tum Ring Commune, Rubber plantation

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Contents

List of abbreviation............................................................................................4

1. Introduction....................................................................................................5

1.1. What is forest conflict? ……………………………………………….......6

1.2. Causes of forest conflict in Cambodia…………………………………….7

2. Case: Forest conflict between local communities and forest industries in

Cambodia.........................................................................................................10

3. Discussion ....................................................................................................12

4. Conclusion ...................................................................................................15

References .......................................................................................................16

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List of abbreviations

CDC: Cambodia Development Council

CIFOR: Center for International Forestry Research

FAO: Food Agriculture Organization

ITTO: International Tropical Timber Organization

MAFF: Ministry of Agriculture, Forestry and Fisheries

UNHCR: United Nations High Commissioner for Refugees

USAID: United States Agency for International Development

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1. Introduction

Located in Southeast Asia, Cambodia covers an area of 181 035 square kilometers,
with a population of over 14 million (July 2008) of which about 85-90 percent lives
in the rural areas (Ministry of Rural Development 2006, Central Intelligence Agency
2008). Cambodia is bordered on the north-east by Laos, on the east and south-east by
Vietnam, on the south-west by the Gulf of Thailand, and on the west and north-west
by Thailand (FAO 2007). In 1965 forests covered an estimated 73 % of the country’s
territory but started to decline to an estimated 61% of the total land area in 2002
(TWG Forestry and Environment 2007). According to Technical Working Group
(TWG) Forestry and Environment report in 2007, the loss of forest cover is
consistent with land use and land cover change patterns associated with demographic
growth and economic development in most countries. Forest cover of Cambodia
declined during the period 2002-2006 from 61% to 59% of the total land area (TWG
Forestry and Environment 2007).

In rural areas, a large majority of Cambodians earn their income through farming and
using natural resources, especially forest products (USAID 2006b). Forests were
only used for provision of fuelwood and building timber for local communities (FAO
2002). Since forest resources benefit different stakeholders in the country, conflict of
interest also arise at the same time. Natural resource conflict is a major issue for the
Cambodian government since it is closely linked to government efforts in alleviating
poverty and improving good governance (USAID 2004). Many conflicts have
occurred in Cambodia and the conflict between local communities and forest
industries in Tum Ring commune, Kampong Thom province is one of the most
noticeable in the country. Because there were many stakeholders involved in this
conflict from international and state level to local level, it have also gained both
national and international attention. This discussion paper highlights some major
causes of forest conflict in Cambodia. It then takes a close look at the effects of
forestry development projects to local communities and the roles of official
independents forest monitor. Finally, it presents the solutions and discusses about the
interventions from national and international institutions.

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1.1 What is forest conflict?

There are some correlation between forest conflict and social aspects such as
population growth, landlessness and lack of income opportunities (USAID 2004).
Local communities are also competing for land and natural resources with land
grabbers and land concessionaires. However, the definition of forest conflict may be
different from country to country. Conflict can occur at various levels from state to
communities or local level. According to the report on Forest Conflict in Asia:
Undermining Development, Security, and Human Rights by USAID in 2004, forest
conflict is the consequence of poor administration, lack of accountability , corruption
and weak law enforcement of government and military officials. It was also the result
of inequity access of forest resource by all stakeholders. For example, in Cambodia in
the early 1990s, both the Khmer Rouges and the government forces financed their
military campaigns and political activities through timber sales (USAID 2004).
Furthermore, CIFOR defines illegal forestry activities and poor governance in tropical
forested regions as the two main causes which can encourage violent conflict and the
widespread of the violence makes forestry and conservation policies in forested areas
less effective. USAID (2004) reported that weak governance of land and natural
resources also accounted for degradation of forest and forest conflicts in Cambodia.
According to United States Agency for International Development (2004), there are
some factors, called enabling factors of conflict, which cause forest conflict in
Cambodia. Firstly, the valuable timber is easily to harvest and sell so it makes logging
to become attractive source of cash for some group such as the military, government
officials, and businessmen. Furthermore, the neighboring countries are defined as the
lucrative timber market due to the road networks and high demand of timber supply of
those countries. For instance Thailand imported large amounts of timber from
Cambodia when Thailand declared a ban logging inside the country in 1989 (Le
Billon 2000). Secondly, the land price is increasingly high thus forests are cleared for
land grabbing and the landless people have nothing to lose but much to gain from
forestland encroachment. In Rattanakiri province, land grabbers have taken the land
from local communities and bought from them at normal fee. As a result, this forces
the communities to clear further forestland for sale (USAID 2000). Next, due to the
small portion of population, communities who depend heavily of forest resource have
less power since most of them are socially marginalized.
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1.2 Causes of forest conflict in Cambodia

The conflict in forestry sector is complicated because there are many causes lying
under it. USAID (2004) explained that the causes of forest conflict in Cambodia can
be divided into two main categories: direct causes and underlying causes. Direct
cause included land grabbing, forest land encroaching (for agricultural use), forest
concession, economic land concession, illegal timber and non-timber forest products
harvesting and forest use restrictions in protected area and protection forest. The
under lying causes included weak governance and observance of the rule of law, a
growing population of young, landless people, forest access has been improved and
Social Land Concession Sub-Decree 1 (Cause conflict between landless people and
people already living in the land) (USAID 2004 ).
Direct and underlying causes of forest conflict at the community level

Source: USAID, 2004

Because forest concession and economic land concession are the major causes of
forest conflict in Cambodia, the two systems will be discussed in the following
section.

1
For more detail, see United States Agency for International Development (USAID). 2004. An Assessment of
Forest Conflict at the Community Level in Cambodia

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Between 1994 and 1997, to increase the revenue for national development from the
forestry sector, the Royal Government of Cambodia granted more than 30 commercial
forest concessions encompassing an area of about 6.5 million hectares by introducing
a forest concession system (McKenney 2002). As a result, the livelihood of local
people, who livings in those concession areas, were threatened (Menglang 2003). The
extreme negative impact by concessionaires on communities have been raised because
logging companies have restricted access of local people in the forest area and cut
down the trees (Mainly Depterocarp species) tapped by villagers for resin (CDC
2002). Resin plays a significant role for household income and harvesting of resin
trees are prohibited by the forestry law (McKenney et al. 2004). The conflict situation
regarding to concessionaires and local communities become more server in the
country (Barney 2007). In addition, Barney (2005) also explained that the core issue
of forest conflict between local communities and forest concession companies was
about land and resource tenure. In 2001, the Royal Government of Cambodia put
more pressure on concessionaires by introducing additional legal requirements such as
the preparation of long-term strategic forest management plans consistent with
international standards, and the renegotiation of model forest concession investment
agreements (ITTO 2005). However, many concessionaires were not able to prepare
high quality of strategic forest management plans and fulfill the requirement of
environmental and social impact assessment which set up by the government
(Independent Forest Sector Review 2004). In the same year, the Royal Government of
Cambodia decided to suspend the logging operation of all concessionaires and this
timber harvesting suspension was a significant event toward sustainable forest
management in concession system (World Bank 2006). Furthermore, many forest
concession agreements have been cancelled due to violation to the law and regulations
on forestry and forest concession agreements (Suntra 2007). Until December 2004,
there were only 13 forest concession companies which still own the concession area
while 17 concessionaires were completely cancelled by the government (Forestry
Administration 2004). The logging operation of the concessionaires can continue until
the new forest concession management plans are approved by the government (ITTO
2005). Up to now, none of forest concessions are under logging activities and there is
no encouragement from the government to continue the forest concession scheme in
Cambodia.

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Agricultural sector was considered as one of the core pillar of country development
thus the Royal Government of Cambodia start to introduce Economic Land
Concession Scheme to contribute to economic growth of the country. Economic Land
Concession encourages both domestic and international investors to gain access of
state land for forestry and agro-industrial plantation. The objectives of this scheme are
to increase employments in rural area, generate state revenue and develop agricultural
sector (MAFF 2007b). State income from economic land concession can be generated
via land rental, charges and taxes (NGO forum n.d.). The maximum period of a
economic land concession is limited to 99 years (ICEM 2003). According to Barney
(2007), most of the land concessions target to plant rubber, oil palm and cashew nuts
and areas are over 10 000 hectares according to land law. This economic land
concession scheme has a large impact on local communities by reducing access to
both forest resource and forestland (USAID 2006a). In addition, local people have
protested in several cases which lead to conflict and violence (Global witness n.d).
Lacking of public consultation and effective environmental and social impact
assessments, the local communities are always not aware of the boundaries of
concessions which lead to demonstration of local people (UNHCR 2007). According
to many reports, the conflicts between local communities and land concession
companies were becoming increasingly common in Cambodia. The conflict is
relatively between rural population and concession holders when local communities
have lost their right to access to the forest resources inside the concession land
(Barney 2007). From 1993 to 2007, economic land concession areas were granted to
96 companies with the total land area of 1 272 007 hectares located at 16 provinces
but 30 concessionaires were cancelled so at the present, only 66 companies are still
valid (MAFF 2007a). Remarkably, most of these economic land concessions were the
lands which have been withdrawn and cancelled from forest concession (Word Bank
2006). However, the future of economic land concession is not clear yet since most
economic land concession has not been fully utilized (Independent Forest Sector
Review 2004).

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2. Case: Forest conflict between local communities and forest
industries in Cambodia

2.1 Background

Situated about 230 km north of Phnom Penh city, Tum Ring is a commune located in
Sandan district in Kampong Thom province. There are eight villages in this commune
namely Tum Ar, Roneam, Ronteah, Samrong, Sror Lao Srong, Khaos, Leng, and Kbal
Demrei, with population of around 2 000 people in 2001 (NGO Forum 2005). The
population included some indigenous ethnic group such as Khmer and Kouy (USAID
2004). Tum Ring also used to be a dense and large forest area with the abandon of
large number of wildlife. The local people traditionally rely on forest resource, rice
farming, shifting cultivation and non timber forest product collection (USAID 2004
and NGO Forum 2005). Another important source of income for the villagers is
tapping of resin trees which know as dipterocarpus species and these species are one
of the targeted commercial trees of forest concessionaires for timber (Tola and
McKenney 2003, NGO Forum 2005). Resin is used for lighting, water-proofing boats
and making paints and varnishes (Global Witness 2007). The way of resin tapping is
involved cutting a hole in the trunk of mature tree and then burning handful of grass
or twigs in this cavity everyday to stimulate a flow of resin (Tola and McKenney
2003).

Photo: Trees for resin tapping and resin collector

Source: Wildlife Conservation Society (n.d.) and Global Witness (2007)

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2.2 Forest conflict scenario

The large forest area of Kampong Thom province, including the Tum Ring commune,
was granted to forest concessionaires in 1997 and consequently, the rights of local
communities are restricted to the forest but these people can still to continue
practicing their traditional way of life (USAID 2004). Due to heavy, unsustainable
and illegal logging in the concession areas, the government decided to suspend
harvesting operation of all forest concession companies (USAID 2004 and Mckenney
2002). In December 2001, the government issued a Declaration on the Suspension of
Forest Concession Logging Activities, which suspended all logging activities in
concessions starting from January 2002 until new forest concession management
plans could be prepared and approved (ITTO 2005). Even though the forest
harvesting operations were suspended, the tension between the forest industries and
local communities in Tum Ring still continued after the government decided to
convert the concession areas into rubber plantations under the Economic Land
Concession Scheme. The situation became severe when resin producing trees were
felt down (CDC 2002, Cock 2004 and UNHCR 2004). Meanwhile the local
populations also start to demonstrate again the rubber plantation companies, the
conflict also became much worse after security force in the company has beaten
community members and threatened their life (USAID 2004). At the same time,
Global Witness, official independent forest monitor which base non-governmental
organization in United Kingdom started its campaign against forest industries and
Cambodian government. The report on the impacts of rubber plantation project on
local communities by Global witness has drawn the attention of national and
international institutions. The communities also asked Legal Aid of Cambodia, local
NGO who helps advocate the communities’ right, and some other local NGOs to
assist against the rubber plantation company (USAID 2004).

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2.3 Solutions to the conflict

After the protest of local communities, the United Nation Special Envoy for Human
Right to Cambodia wrote a letter to the Prime Minister regarding to this conflict and
urged for intervention to solve the conflict (USAID 2004). Then the company agreed
to pay the compensation to community members for the resin tapped trees felling by
offering 6 000-7 000 Riels (US$1.50 to US$1.75) for each resin tree but some villages
did not get this compensation (UNHCR 2004). According to United Nations High
Commissioner for Refugees (UNHCR) report in 2004, Tum Ring rubber plantation
also paid 200 000 to 300 000 Riels (US$50 to US$75) to each farmer to compensate
the loss of their orchards or agricultural crops within the boundaries of the plantation
and in 2002; three hectares of clear land were offered to villagers. The government
also started to introduce Family Scale Rubber Plantation in order to encourage
farmers to plant rubber and sell resin back to the company.

3. Discussion

Forest conflict in Cambodia has been viewed as the obstacle of social economic
development of local communities (USAID 2004). The government policy has a great
influence on the local livelihood as can be seen from the case of forest industries and
local communities. From the view of government, forest concession and economic
land concession should play a vital role in poverty reduction, economic development
and sustainable use of natural resource. The concession scheme was the first step to
privatize the state forest and increase foreign investment in Cambodia (Independent
Forest Sector Review 2004). Furthermore, Forest concessions have contributed to
built new roads, create employment and increase growth of Gross Domestic Products
(GDP) during the forest harvesting (CDC 2002, Menglang 2003 and Independent
forest sector review 2004). According to the report of Independent forest sector
review in 2004, forestry sector contributed to about 8% in GDP growth and generated
nearly 37 000 jobs for the nation.

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In contract, the forest concessions have impacts on depletion of forest resources of the
country and also created the conflicts of interests in forest sector. The right of
accessing to forest resources such as timber, non timber forest products (e.g. resin
tapping) and shifting cultivation was disrupted by the plantation development. The
average resin income from tapping is about US$160 per tapping household which
equal to almost one-third of total household income in each area (McKenney et al.
2004). Furthermore, according to the survey by McKenney et al. (2004), the income
from resin tapping is more stable than rice production because the yields of the resin
do not vary from year to year. In addition, according to some research, tapping does
not harm the trees and trees can produce resin for several decades (Global witness
2007).

In addition, the economic land concession systems also contribute encouraging


conflict in local communities. However, it is understood that not all the land
concession companies always create the conflict with the local communities, there
still some companies who have established the plantation with compromising
communities’ interest. For instant, the Marubeni Development Corporation in
Mondolkiri province have conducted feasibility studies by involving consultation with
local communities before implementation its project and the company also planned to
conduct both Environmental Impact Assessments and Social Impact Assessments
(NGO Forum n.d.).

To cope up with the issues, some mitigation can be taken into account. The
development projects involved economic land concession should be considered on the
environmental and social impact assessment in order to avoid conflict with local
communities. Mapping and clear demarcation of the boundary have to be done to
clarify the boundary between the companies and local communities (USAID 2004).
Negotiation among all stakeholders should be encouraged and in some case, the
intervention from state and international institutions can solve the conflict to some
extent. Additionally, to achieve the effective intervention in forest conflict, it depends
largely on the quality of the governance and the cooperation between civil society and
donors to address the issues (USAID 2004).

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USAID (2004) also suggested some approaches to mitigating forest conflict in
Cambodia as following:

• Legal and spatial planning framework

The Land Law (2001) and Forestry Law (2002) were passed to allocate and
manage the land and forests in Cambodia. These laws are the important tools to
reduce conflicts over land and forest resources. To accommodate the implementation
of these laws, sub-decree and implementing guideline need to be established.

• Respect for the rule of law

The laws themselves are not enough to avoid forest conflicts thus the members
of the society have to respect of these laws and the government also plays an
important role to enforce the implementation.

• Capacity of forest communities

Many NGOs have take action to make communities understand and demand
their forest use right. The capacity of those communities can be accomplished through
educating, empowering, advocating and organizing them.

• Tenure and use rights

The mechanism to deal with forest conflict is legal protection of communities land
and forest use right. Under land law, the communities can be granted land title which
proof legal ownership of land. Additionally, the establishment of forest communities
with legally support of Community Forestry Sub Decree will help to protect forest use
right of these communities.

• Improve natural resource governance

Under the decentralization reform policy, the governances at the province, district,
and commune levels are the main stakeholders in resolving forest conflict. Especially,
land use planning at village and commune level is the most effective mean to
understand the need of the communities.

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• Monitor and report forest crimes and community-level conflict

Cambodia has experienced external monitoring of forest monitoring for such a


long time. The forest crime watchdog like Global Witness, UK based ENGO, has
monitored forest crime under the financial support of World Bank. In early 2004, the
Societe Generale de Surveillance (SGS) under the contract by Ministry of Agriculture,
Forestry and Fishery with World Bank continued the monitoring after Global Witness.
However, the communities can be the actors in reporting forest crime and conflict but they
also need to be facilitated by NGOs.

To sum up, what have been learnt from the experiences in forest conflict in Cambodia
may be applicable in some other countries even though the nature of the conflict can
be different considerately. These differences imply that there is no single solution for
forest conflict but the approach which can be tailored in particular situation will play a
significant role in its context.

4. Conclusion

Forest resource has engaged with local livelihood in Cambodia for a long time and
additional income can be driven from forest after farming. The forest conflicts are
inevitable especially when all interests and values of different group seem to be
superior then the other. As the paper have mentioned, there are many factors which
cause forest conflict but the dominant causes are mainly from the policy reform
toward economic development. Since Cambodia still in the economic transition, the
development process has faced a lot of challenges and sometime the situation can be
improved through learning by mistakes (For example: forest concession system).The
roles of Environmental Nongovernment Organizations (ENGOs) and international
institutions are very important in dealing with the conflict and finding the solutions
for stakeholders even though solutions never met the need of all stakeholders at least
they can release the tension.

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