Lao People’s Democratic Republic Peace Independence Democracy Unity Prosperity Ministry of Natural Resources and Environment Department of Planning and Cooperation Vientiane Capital, 05 October 2015 Natural Resources and Environment Sector Working Group Sector Report for 2015 I. Sector Overview Milestones for FY 2014/2015 The government has issued the decree on the social – economic development plan and the state budget plan for 2014 – 2015 which assigned Ministry of Natural Resources and Environment to implement the following tasks: 1. Review the division of labor between central and local level on natural resource and environment management focusing on human resource and budget allocation in accordance with the government policy on Sam Sarng – building the province as a strategic unit, the district as a competent management unit and the village as the development focal area; 2. Improve relevance sector strategy, policy and legislation mainly national land policy, land law, forest law, water resource law, national land use master plan, decree on land survey, decree on land allocation and use, and law on disaster and climate change and update the decree on compensation and resettlement; 3. Survey and allocate land use and collect land concession project to support the government revenue collection; 4. Implement national forestry strategy focusing on forest allocation and propose for adoption(49 protection forest areas and 24 conservation forest areas); 5. Survey and develop geological and mineral maps – scale 1:200,000 in the areas between Vientiane Capital - Luangphabang and Xayabury–Luangphabang; 6. Apply integrated Water resource management in two priority river basins: Xebangfai and Xebanghieng and introduce the concept to sub river basin including Sekong, Sedon and sub basin in the northern part of Lao PDR; 7. Improve and expand hydromet network agro meteorology and aero meteorology and early warning system; 8. Apply the process for environmental and social impact assessment to all investment project; 9. Develop sustainable environmental city criteria and promote green clean beautiful urban development mainly in Vientiane capital, Huaphan and Luangphabang province; 1 10. Implement strategy and plan for climate change adaptation and carry out the study on Climate Finance; 11. Implement international convention and multilateral related to natural resources and environment sector; 12. Coordinate with concern agencies to develop MDG 7 database; 13. Implement the priority tasks under the MoNRE work plan for 2014 – 2015. Key achievements for FY 2014/2015 1. Land Sub-Sector Surveyed and completed land allocation plan at village level in 3.700 villages accounted for 43,2% of the total village number in Lao PDR, and 55 districts which accounted for 37,1% of the total district number in Lao PDR; Completed the land right survey for 2,6 million titles accounted for 4,5 million ha and achieved the issuance of land right certificate to 907,405 land pieces; Finalized the draft national land policy in accordance with the government instruction, land law and instructions on land administration and land costing norm and the decree on land concession No 135 date 25 may 2009; Developed technical guideline for land dispute, land price, land registration and technical guideline for QGIS and Land Leg and the technical guideline for land management and land measurement; Completed the data input to the land use database. 2. Forest Sub-Sector Implemented national forestry strategy focusing on forest allocation and propose for adoption(49 protection forest areas and 24 conservation forest areas); 51of 51 Production Forest Areas now have detailed management plans; 15 out of 24 National Protected Areas have management plans; Village forestry working group has been established under Forest Sub Sector Working Group and working on regulations on village forest management; Counter measures against timber and wildlife illegal trade are improving with enhanced capacity and better coordination between government agencies, forest law enforcement, government and trade, Wildlife Enforcement Network structures, and other projects, and the adoption of new technologies and approaches; Completed the finalization of forest law, decree on protection forest and conservation forest. Developed the decree on reduce emissions from deforestation and forest degradation committee and develop the guideline for the community base forest management. In this regards, Forest Law has been drafted and sent to Government Office for consideration. Prime minister Decree on Conservation Forest was approved and issued in May 2015; 2 Reviewed and re-delineation of the boundaries of the three forest management categories (ie, state forest land) has commenced, with a pilot in Luang Prabang, and the method for re-delineation is being developed as is a proposal and budget to conduct in the whole country; Implemented the pilot project on carbon credit in protection and conservation forest areas (jointly with local private sector. The pilot site was selected in Savannakhet and Saravan province covering 347,000 ha; Government Office approved start of negotiations between Government of Lao and Europe Union on Voluntary Partnership Agreement under forest law enforcement, government and trade in June 2015 and established National Steering Committee for forest law enforcement, government and trade process in August 2015; On financing of forestry sector intervention, schemes of various payment for forest environmental services have been included in the draft Forestry Law and Prime Minister Decrees on Conservation Forest and Protection Forest; the Environment Protection Fund is emerging as an important financier for capacity building and field management of Protection and Conservation Forest complementing well the Forest and Forest Resource Development Fund; The terms of reference of the national reducing emissions from deforestation and forest degradation task force has been approved and 6 technical working groups established under national reducing emissions from deforestation and forest degradation task force. Emission Reduction Program Idea Note has been drafted and submitted to the Carbon Fund of Forest Carbon Partnership Facilities (if selected in Oct 2015, Emission reduction Program Document will be developed for results-based payment). Prime Minister Decree on reducing emissions from deforestation and forest degradation projects has been drafted and will be consulted with a wide range of stakeholders for finalization. 3. Environment and Climate Change Sub-Sector Applied the process for environmental and social impact assessment to all investment project; Developed sustainable environmental city criteria and promote green clean beautiful urban development mainly in Vientiane capital, Huaphan and Luangphabang province; Implemented strategy and plan for climate change adaptation and carry out the study on Climate Finance; Improved relevance sector strategy, policy and legislation mainly national land policy, land law, forest law, water resource law, national land use master plan, decree on land survey, decree on land allocation and use, and law on disaster and climate change and update the decree on compensation and resettlement; Finalized the MDG 7 completion report; Finalized the decree on strategic environment assessment; Developed and adopted integrated spatial for 7 provinces; 3 Implemented Policy, Regulatory, and Organizational Constructs in Educational and Environmental Development project on environmental education and awareness in Khammuan, Houaphan, Xayabury and Bolikhamxai; Developed the project proposal for wet land management into RAMSAR sites(Sechamphone and BeungkhiatNgo); Developed the concept green clean beautiful urban development; Completed the establishment of environmental monitoring and management unit in 17 districts. 4. Water Resource and Disaster Management Sub-Sector Applied integrated Water resource management in two priority river basins: Xebangfai and Xebanghieng and introduced the concept to sub river basin including Sekong, Sedon and sub basin in the northern part of Lao PDR; Improved and expanded hydromet network agro meteorology and aero meteorology and early warning system; Improved relevant sector strategy, policy and legislation mainly national land policy, land law, forest law, water resource law, national land use master plan, decree on land survey, decree on land allocation and use, and law on disaster and climate change and update the decree on compensation and resettlement; Updated the law on Water and Water Resources and finalizing the guideline on integrated water resource management, develop the draft on meteorology and hydrology; Completed the survey and land demarcation for learning center for integrated water resource management in Vangvieng district; Implemented the hydromet network improvement nationwide including 18 meteo stations and 8 hydrology stations; Established disaster prevention and control committee at provincial and district level in priority risk areas. 5. Geology and Mineral Sub-Sector Surveyed and developed geological and mineral maps – scale 1:200,000 in the areas between Vientiane Capital - Luangphabang and Xayabury – Luangphabang; Improved relevance sector strategy, policy and legislation mainly national land policy, land law, forest law, water resource law, national land use master plan, decree on land survey, decree on land allocation and use, and law on disaster and climate change and update the decree on compensation and resettlement; Surveyed and developed map 1:200,000 in the area between Vientane capital and Luangphabang and the area between Luangphabang and Xayabury province; Implemented the government order No 13 date 11 June 2012 on the review of mineral concession agreement; 4 Continued capacity building of staff of organizations involved and responsible for the state management of the mining sector; Improvement of mining legislation and mining licensing system by the establishment of regulations, checklist and guidelines focusing on sustainable mining and to increase the economic and social benefits from mining; Establishment and Implementation of a functioning mine inspection system with frequent mine inspections according to international standard. Improvement of dialog structures with stakeholders of the mineral sector (mining companies, civil society, donors) and cooperation with other mining related ministries and institutions; In response to the increasing number of grievances as well as a wide spread perception of disadvantageous fiscal terms for government, the administration introduced a moratorium on issuance of new mining licenses from 2012 to 2015 and assessed the existing mine companies. Until 5/2015 23 Licenses have been revoked; Achieved Inspection Checklists - of Metal Mines approved; Checklist for preparation and evaluation of feasibility studies approved; Guideline for preparation and evaluation of feasibility studies approved; Review of the regulation on granting licenses for processing plants smelters and refineries approved; Review on regulation buying/selling mining products approved. - 5 II. Overview of FY 2014/2015 Sector Performance Sector Outputs and activities Improve implementation of Environment and Social Impact legislation Strengthen DDMCC in its capacity to implement climate change mitigation/adaptation programs Progress In the process on developing the Decree on Compensation and Resettlement for project affected people from investment projects and activities. Completed the technical meeting and meeting with Department of Law, Ministry of Justice. They principally agree and now in a process of issuing an approving letter for DESIA to submit to Government Office. DDMCC submitted letter to the Climate Change Fund Secretariat in order to inform that UNDP is a partner. The development detail will be revised with UNDP. DPC is coordinating the study on the development of roadmap for the accession of Climate Finance with the support from GIZ Challenge and measures Key messages to inform discussions during the HL RTM Complete GCF Readiness Program Number of new climate related fund accessed 6 Increase the deployment of teachers and health staff, especially to remote areas Complete the forest law and its regulations Ensure adequate baseline data on forest cover, state and change to set up target Revision of curricula, including NAPA projects implemented with component on curriculum the development of livelihood skills (FNS, agriculture, natural development, awareness raising, capacity building resource management adaptation Development of environment curriculum for formal and nonformal education Final draft of FL approved by National Land policy not approved; Additional dialogue between GOL MOJ and sent to GOV Office to be submitted to NA in late 2015 and development partners on the for consideration Not enough capacity to implement National Land Policy and related draft laws including Forestry Law PM Decree on conservation laws and regulations; Capacity before the NA deliberation is Forest issued in May 2015 development through project assistance and development of PES essential to ensure more equitable Indicator: Forest law and main and environment friendly schemes including REDD+ regulations approved Conflicts and gaps between related development of resource sector. laws and regulations; conflicts and gaps being identified through development of forestry legality compendium. Development of Timber Legality Definition and Timber Legality Assurance System advances under FLEGT VPA negotiations. FCA 2015 on going. Final Forest quality including wildlife and Regular monitoring of forest area results to be reported to NA in NTFP not measured; and quality is a prerequisite late 2015 1. National Forest Inventory (field for policy review and Indicator: Forest cover known survey) planned in 2016-2017 formulation 2. National Biodiversity Strategy Establishment of a formal 7 and Action Plan to be revised soon. Improve enforcement of policies against illegal activities as defined under the Forestry Law and Wildlife and Aquatic Law Establish and improve implementation of mining legislation and mining licensing. Strengthening of DOFI capacity is on-going including equipment, vehicles, new reporting system and so on. Inter-agency cooperation between Lao WEN institutions such as DOFI, Police, Army and Customs agreed. Development of Timber Legality Definition and Timber Legality Assurance System advances under FLEGT VPA negotiations. Indicator: Finalized cases of illegal activity are reported to FSSWG by DOFI Enforcement in Lao PDR” was presented at FSSWG meeting on Sep 4th. More the 10 legal documents are in preparation or in line to be approved. Only a fraction of illegal activities identified and addressed; further strengthening of DOFI and cooperation with other concerned agencies necessary dialogue forum on REDD+ establishment between GOL and development partners either under FSSWG Illegal logging and wildlife hunting is still rife and the country is losing precious natural assets. GOL’s strong commitment to address illegal logging and wildlife hunting/trade including adherence to laws, strengthening cooperation between concerned agencies and disclosure of main cases is essential for ensuring donor support (to be revised or developed based on the DOFI report) Implementation and enforcement of the legislation especially on province level. 8 Environment and Social Impact legislation Unclear and overlapping tasks and duties of government authorities in the mineral sector to grant licenses, concessions and approvals and proliferation of administrative requirements and inter-ministerial committee oversight. Realignment of assigned responsibilities and duties in the mineral sector between related ministries (Ministry of Energy and Mines, MEM, Ministry of Natural Resources and Environment, MONRE, Ministry of Planning and Investment, MPI and Ministry of Public Transportation, MPT) aiming to have one leading governance authority responsible for the state management of the mining activities (licensing, mining contracts, mining operations, supervision, inspection, mine closure etc.). 9