Forest law enforcement and governance in Lao PDR

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Challenges and responses

Illegal logging and the associated trade in timber are generating increasing public and political concern in Lao PDR. IUCN is actively supporting the Lao government’s efforts to strengthen law enforcement and improve forest governance. Working in close cooperation with the newly established Department of Forest Inspection, IUCN is helping government develop the systems, capacities and coordination mechanisms it needs to establish a strong enforcement regime at local, national and regional levels.

The forests of Lao PDR have shrunk steadily in recent decades, from 71% of its land area in 1940 to 41% in 2002, and an estimated 35% today. Clearing for rubber and cash crop plantations, uncontrolled logging and spill-over effects from hydropower and mining ventures are among the main drivers of this loss.

Illegal logging is one of the most serious threats to the country's forests, and one which is increasingly vexing legislators, officials and citizens. There are few reliable figures on the scale of this problem, which centres on the forests bordering Vietnam, Thailand and China, but reports put the volume of illegal logging in recent years at between 45% and 64% of total production.

At the core of the Lao government’s response to illegal logging is a series of policies aimed at restricting logging and exports of unprocessed timber. Log exports were banned in 1999, and only exports of finished wood exports have been allowed since 2007. The government has also asserted centralised control over the timber processing and export sectors. The Department of Forest Inspection (DoFI) was newly established in 2008 to lead the government’s drive against illegal logging, smuggling and corruption. Lao PDR is also cooperating with its neighbours to stop the flow of illegal timber across its borders.

The effects of these measures are hard to determine, though judging by perceptions and the data available the rate of illegal logging remains high. In mid-2009, members of the Lao National Assembly were reported as saying that illegal logging was the foremost concern of their constituents. Recent reports by environmental advocacy groups also suggest that large quantities of timber illegally harvested in Lao PDR are still finding their way into Vietnam and other neighbouring countries. Yet the frank acknowledgement of the problem by National Assembly members, and in 2009 the first successful prosecution of a case of forest corruption, point to a hardening of political will to fight illegality in the sector.

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Confiscated rosewood at Thapangthong district of Savannaket province, Lao PDR

Confiscated rosewood at Thapangthong district of Savannaket province, Lao PDR

Photo: Lao Department of Forestry

IUCN's role

Since 2008, IUCN Lao PDR has been actively supporting the Lao government’s efforts to improve forest law enforcement and governance (FLEG). Delivered under IUCN’s global Livelihoods and Landscapes Strategy (LLS), this support focuses on DoFI, a new department which is still building the capacity, resources and coordination mechanisms to carry out its mission. IUCN is providing the department with the knowledge and tools it needs to establish a strong enforcement regime at provincial and national levels.

IUCN is also playing a role in helping the Lao government participate in and influence key regional and international processes on forests and the timber trade. These include the East Asia FLEG initiative, the ASEAN FLEG Work Plan, the European Union’s FLEGT Action Plan, and national FLEG processes in Vietnam and China. The focus of IUCN’s work in this area is also on DoFI, ensuring the department has the information and capacity to play an informed and active role in working towards improved regional FLEG arrangements.

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Activities and achievements

At the provincial level, IUCN has organised and facilitated data collection visits, field inspections and training needs assessments for three Provincial Forest Inspection Offices (PoFIs, the decentralised units of DoFI). These led in November 2009 to a first round of pilot training on investigative and reporting procedures for DoFI and PoFI officials in the southern province of Champassack. These procedures, now approved by the Ministry of Agriculture for extended testing in other provinces, aim to establish an effective and efficient system for forest crime investigation, interrogation and confiscation.

At the national level, IUCN played a key role in organising and facilitating the first annual inter-agency meeting on investigation and interrogation of forest crimes in January 2009. This brought together 120 participants from the administration, legislature, judiciary, police and security forces to discuss issues of illegal timber and wildlife trade, administrative mandates and responsibilities, and cross-border law enforcement. The meeting agreed on a number of measures to strengthen law enforcement, including:

  • improving coordination between all relevant national agencies;
  • formulating clearer terms of reference for the different bodies involved in law enforcement;
  • providing inter-agency training and information; and
  • reviewing the existing framework of laws and regulations for gaps and inconsistencies.

Internationally, IUCN has supported the participation of DoFI officials at several key regional meetings, including a FLEGT Private Sector Round Table in Ho Chi Minh City in October 2008, and the Chatham House Update Meeting on Illegal Logging in Beijing in April 2009. In Beijing, for the first time, DoFI engaged in a regional dialogue on FLEG processes and held several meetings with its Chinese counterparts, including the State Forestry Administration.

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Department of Forest Inspection (DoFI) officials taking part in investigative training in Dong Hua Sao National Protected Area

Department of Forest Inspection (DoFI) officials taking part in investigative training in Dong Hua Sao National Protected Area

Photo: C. Fukuda

Future activities

In July 2009, IUCN and DoFI signed a new agreement to continue their collaboration until 2011. Under the terms of this agreement, IUCN will support DoFI in raising awareness of and enforcing new regulations on timber and wildlife trade. This will include support for the drafting of a ministerial declaration and inter-agency action plan for strengthening forest law enforcement.

Together with IUCN Vietnam, IUCN Lao PDR will also help DoFI in fulfilling its responsibilities under a new agreement on cross-border law enforcement with Vietnam’s Forest Protection Department. And, using IUCN’s networks in China, IUCN Lao PDR will support DoFI in exploring the possibility of a similar agreement with China’s customs service.

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Epiphyte of Borneo
  • Department of Forest Inspection (DoFI) officials conducting investigative training in Dong Hua Sao National Protected Area

    Department of Forest Inspection (DoFI) officials conducting investigative training in Dong Hua Sao National Protected Area

    Photo: C. Fukuda