Logging Ban, Recommendations on Organization for Implementation (MAF Decree No. 687/AF, 1991)
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RECOMMENDATIONS ON
THE ORGANIZATION FOR THE IMPLEMENTATION OF THE PRIME MINISTER'S DECREE ON
NATIONAL LOGGING BAN
Ministry of Agriculture and Forestry Decree No. 687/AF
The logging ban aims at halting indiscriminate wood felling and at establishing measures against further illegal wood felling. In order to realize such objective, it is necessary to undertake a control in order to seek for the violators of Decree 117/CCM of October 5, 1989, on the management of forests and forested land, and of other relevant sectors' regulations. Furthermore, the collection of maintenance fees, royalties, special fees, budgetary obligations and overwhelming debts also need to be controlled. Therefore, the logging ban is seen as a most difficult and complex campaign, as the violators of the state laws and regulations will make use of all maneuvers to counter officials. Moreover, the disadvantaged parties in wood business are related to officials, and certain local administrative authorities might present various arguments. Hence, in view of overcoming the mentioned difficulties and of ensuring the strict implementation of the decree on logging ban, such control aims on one hand at identifying the companies and enterprises abiding by and violating the laws and the parties undertaking illegal felling, authorizing the violation of Decree 117/CCM of October 5, 1989. Among them are included the policemen, militaries and officials illegally felling trees without authorization and in violation of other relevant sectoral regulations. Based on such investigation, including the forestry sector, local administrative authorities and each family in each village, every citizen must be educated and mobilized to distinguish the positive and negative, namely the negative acts against regulations pertaining to forestry, the establishment of wood industry, the circulation and sale of wood, the protection of environment and the implementation of other relevant legal provisions. If the presence of illicit wood is proven, it must be seized and falters fined and in serious cases sent to court.PART I
OBJECTIVES
Article 1PART II
CONTENT OF THE DECREE ON LOGGING BAN
The national logging ban signifies the prohibition of tree felling for the sale of wood as raw material to factories and as construction material.
Its implication for wood exploitation: Wood exploitation is constituted of various work phases starting with the survey, exploitation planning, marking trees to be felled, cutting forest trails, felling, hauling, transportation from log yards to yards along main roads (logyard 1--logyard 2), wood classification, lumber stamping, exploited forest clearing and sale of timber to factories or for export. All these mentioned work phases must stop at the national level.
Article 2
Due to wood exploitation, wood processing factories have been established and wood sold indiscriminately and state laws violated. Therefore, the relevant sectors, which include forestry, commerce, tax, banking, military, police officers, and foreign investment management authorities are assigned the task to undertake a control in order to distinguish the wrongdoers and to establish regulating measures on forestry management, wood exploitation, processing and commerce. If any business unit is seen of violating state regulations, evidence will be seized, penalties imposed and in serious cases court prosecutions will take place in conformity with the criminal code without compromission.
Article 3
Since there exist numerous forestry business units, sawmills, resaws, processing factories and factories using raw material for power generation such as: distilleries, tobacco curing, salt, bricks, coal ovens ... which were not established in conformity with the Decree no. 117/CCM issued by the Council of Ministers on October 5, 1989 or with other related sectors' regulations, such as: failure to acquire a business patent, to pay taxes, to acquire trade patent or operating export transactions without passing through banks or failure to pay maintenance fees, royalties, special charges. In addition to penalties, they are ordered to cease all activities immediately or to dissolve since they are against the law.
Article 4
In relation with commercial wood processing units, state forestry companies, including state business units cooperating with foreign partners, their activities need to be controlled on whether they abide by the laws and are efficient. The efficiency factor designates overall productivity which comprises profit (no losses), regular remittance of obligations to the budget, compliance to the state laws, installation of modern material and technical basis, establishment of technical security systems, labor protection, protection of environment and endeavors for the training of workers, appropriate living conditions of staff and workers, implementation of professional, political and organizational tasks within the forestry companies, enterprises and units.
Solutions must be suggested for each case whre there is no efficiency, for example: A forestry company has exploited wood in great amount but has failed to replant trees, to perform its obligations and is overwhelmed by debts. In such a case, it could either be suggested to be dissolved or allowed to continue. Another example: B processing factory has not produced for a time, the workers are idle, debts are overwhelming, the machinery is obsolete, therefore, either it could be suggested to dissolve or lease or sell such company to the private sector.
Article 5
Emphasis is placed on the forest inventory's rapid completion by delimitating the various forest types, because of the past indiscriminate wood exploitation without any consideration to regeneration and to the protection of environment. Such acts threaten the nation's future, because if the forests are destroyed, the water sources will dry up, the land erode, fauna lack habitat. In view of establishing measures for settlement, it is necessary to rapidly complete the forest inventory and categorization into water source protecting forest areas, reserves in order to ensure habitat for wild animals or for scientific studies and fallow forest areas for regeneration into dense forests and commercial (productive) forests. As the categorization is completed, the Ministry of Agriculture and Forestry will outline regulations and organize a management network system in each area of forest type.
Article 6
Since at present the majority of the people do not understand that Laos' forests are being seriously damaged in various ways, therefore impacting on the environment and the production, causing sudden drought and flood each year, which in turn has negatively influenced on the agricultural production. Hydroelectricity schemes in several places lack sufficient water to operate the turbines, navigation is made difficult and the population has difficulty in finding water. It is therefore necessary to extensively publicize the policy, resolutions, decrees and instructions pertaining to forestry, wood processing industry and the protection of environment for the officials, militaries, security forces and the population's thorough understanding, awareness and strict implementation, making each and everyone understand that forest protection, the preservation of environment, regeneration of forests, plantation and rational use of forestry resources in conformity with technical principles and the regulations, are the duties of every Lao citizen. In case of violation, evidence must be seized, penalties or court prosecution imposed.
Article 7
For this decree's implementation, the Government assigns the Ministry of Agriculture and Forestry to coordinate with other concerned sectors, namely with the sectors of finance, taxes, commerce, banking, military, police, propaganda, education, justice, administrative authorities at all levels, until the women, youth organizations, the trade union and the front... It is responsible for the organization of this decree's realization through the combination of 3 methods: education and propaganda, legislative prosecutions of falters or imposition of penalties and seizure of evidence. Furthermore, economic measures will be made use of, namely against the population still making a livelihood by practicing slash and burn by seeking ways to convert them to a more stable occupation generating higher income than swidden agriculture, forest burning and destruction. In addition, attention must be placed on the enhancement of the peoples spirit of mastership in participating to the management of forests and the extensive plantation of forests.
Article 8
It is provided that the ministers, heads of simile organizations, provincial governors, mayors throughout the country must strictly implement this decree in conformity with their respective roles. Therefore, each concerned sector must set up recommendations and their own sectoral regulations pertaining to forestry, wood industry and environment for everybody to strictly abide by, for example: the Ministry of Finance must give recommendations relating to taxes (Special charges) and business registration, the Ministry of Commerce on the circulation and sale of wood, the management of prices, the bank must outline provisions for the wood export transactions through the bank...
Article 9
This decree is binding from the day it is signed, whereas the duration for logging ban depends on the forest inventory and management, and based on the understanding of officials, militaries, policemen, villagers of each province towards legal provisions on forestry, the establishment of wood industries, wood circulation and sale, the protection of environment and delimitation of various forest estates and the firm establishment of a management system.
3.1 First of all, unanimity must be made on the standpoint, there needs to be resoluteness in order to attain the outlined general objectives.PART III
ORGANIZATION
3.2 Thoroughly understand the content of decree 117/CCM of October 5, 1989 and the provisions and regulations of other relevant sectors. Therefore, the identification of wrongdoers must be based on the decree no. 117/CCM of October 5, 1989 for each work section. For example, in the field of wood exploitation, Article 7, 9 and 10 must be considered for assessment.
For instance, Article 2 would indicate the relevant authority habilitated to authorize the establishment of wood processing factory.
For instance, Article 11 would indicate the responsible authorities for the collection of maintenance fees, royalties, penalties and the use of such revenues.
For instance, the violation of decree no. 117/CCM of October 5,1989, would induce disciplinary measures as contained in Article 12.
In conclusion, there exist a firm basis for such identification, and also the provisions and regulations of other relevant sectors, such as: the collection of special charges, business registration, commerce and export transactions must pass through the commerce and bank and others... Therefore, it is necessary to make clear distinctions and coordination for sound assessment.
3.3 The field force is composed of two groups: the first group will control the logging ban. This group is made up by forestry, commercial, bank, foreign external relations, court officials...
Furthermore, the national defence and security forces are requested to participate to the control and such team must also have the participation of provincial officials from the mentioned sectors.
The second group will undertake the forest inventory and management and define the various forest types, and establish forest management systems in each area and village in a separate programme. This group is composed of forest inventory and management, forest, fauna, environment protection, soil analysis and hydrology officials.
Such task should be completed as soon as possible, but the outlined objectives must be firmly ensured.
Vientiane,...1991
Top of PageMinister of Agriculture and Forestry
Sisavath Keobounphan
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