20041 report on the analysis of tranboundary cooperation between PNKB and HNN

Project “Nature Conservation and Sustainable Management of Natural Resources in the Phong Nha-Ke Bang National Park Region, Vietnam” Report on: Institutional analysis regarding commu

Project

“Nature Conservation and Sustainable Management of Natural Resources in the Phong

Nha-Ke Bang National Park Region, Vietnam”

Report on:

Institutional analysis regarding communication / coordination mechanisms for cross border collaboration and recommendation for technologies and instruments for better transboundary information exchange and cooperation for biodiversity and kart

preservation in Quang Binh and Khammounne provinces

Nguyen Manh Ha

Hanoi, December 2012

1 Background

The area of Phong Nha-Ke Bang National Park (PNKB) covers 123,3261 hectares (ha), which

is divided into three functional areas: a) Strictly Protected Area: 102,466 ha, b) Ecological Restoration Area: 17,449 ha and c) Administrative and Service Area: 3,411 ha Of this area, 85,754 ha was recognized as a National Park by the Vietnamese government in 2001 and as a World Heritage Site by the UNESCO World Heritage Committee in 2003 In addition

to the World Heritage property, the PPC of Quang Binh approved an extension of the Park

in 2008 The extension added an additional 37,572 ha, all protected under Vietnamese forest development and protection law and zoned as Strictly Protected Area by the Province The extension has been proposed as an addition to the National Park and World Heritage Site

World Heritage listing is the highest level of international recognition that may be afforded

to an area, acknowledging its outstanding universal values and global significance PNKB was inscribed on the list of World Heritage sites on the basis of its outstanding natural values The karst formation of Phong Nha-Ke Bang National Park has evolved since the Paleozoic (some 400 million years ago) and so is believed to be the oldest major karst area

in Asia The vast karst area, extending across the border into the Lao People’s Democratic Republic, contains spectacular formations including over 104 km of caves and underground rivers, making it one of the most outstanding limestone karst ecosystems in the world Karst formation processes have led to the creation of a variety of cave types, including underground rivers, dry caves, terraced caves, suspended caves, dendritic caves and intersecting caves

PNKB Park and adjacent forest land support an enormous number of species, including over 2,851 vascular plant species There are over 755 vertebrate species, including 113 mammals, 302 birds, 81 reptiles and amphibians, and 72 fish Over 70 of these vertebrate species are considered globally threatened, and ten primate species and subspecies are known from the Park The region supports a large number of endemic and relict species, such as Soala, Giant- Antlered Muntjac and Annamite Striped Rabbit Several of these species are specialists on karst or cave ecosystems, such as the Laotian Rock Rat, Hatinh Langur, Sooty Babbler, Annamite Flying Frog and two species of Phong Nha Blind Cave Scorpions (the first discovered in mainland Asia) These endemic and relict species are the result of evolutionary processes that are still on-going in the region

Phong Nha – Ke Bang region has major historical significance because of the role that it played during the long war with America Many routes of the Ho Chi Minh Trail and Victorious Road 20 run through the Park, and its caves and forests served as strategic bases and refuges during the war The region is rich in stories, both tragic and heroic, and has deep meaning for the people of Vietnam

The PNKB and its adjacent area of Hin Nam No National Biodiversity Conservation Area (HNN) in Khammouane province, Lao PDR together form one of the most important biodiversity and kart terrain in Asia This area also covers one of the most biologically important regions of the Annamite mountain range The region is considered to be of global importance for biodiversity conservation

1 Letter dated 16 Feb 2012 from the Quang Bihn Provincial People’s Committee to the PNKB National

Both protected areas lie in rather poor districts of their respective countries with a high vulnerability in respect of food security In the area surrounding the protected areas there are villages with, mostly ethnic minorities These communities are highly depended on the utilization of natural resources from within the protected areas

The Phong Nha-Ke Bang NP was recognized as World Natural Heritage Site by UNESCO in

2003 for geological and geomorphologic values and the Hin Namno NBCA is considered as a candidate to the World Heritage List of UNESCO

Quang Binh province (SR of Vietnam) and Khammuone province (Lao PDR) are the two leading provinces in the two countries in transboundary cooperation for biodiversity conservation; regional cooperation between the two protected areas has been initiated for more than 20 years And the cooperation became consolidated and formalised in 1998, Quang Binh Provincial People’s Committee (PPC) and Khammouane PPC signed the first Memorandum of Understanding (MoU) on 20 June 1998 regarding the transboundary cooperation in biodiversity conservation in the region of PNKB and HNN, following the above official MoU signed in 1998, the two provinces and the two protected areas have jointly signed other important agreements which helped to establish more solid legislative framework to enable the practical cooperation also at the ground level:

Tinh/Quang Binh (Vietnam) and Bolikhamxay/Khammouane (Lao PDR) to control illegal transboundary hunting, trading and transporting of wild fauna and flora for the period 2005 – 2010

Nam No NBCA and Phong Nha - Ke Bang NP

Workshop for the conservation of Phong Nha-Ke Bang NP (SR of Vietnam) and Hin Nam No NBCA (Lao PDR)

Bang NP, (Quang Binh Province, SR Vietnam) and Hin Nam No NBCA (Khammouane Province, Lao PDR)

Furthermore, annually the delegates of the two provinces and the two PAs have organized working visits and activities for exchanging information and experience in biodiversity conservation From 1998 – 2012, during more than 14 years of formal regional cooperation between PNKB and HNN, the biodiversity conservation cooperation has resulted in achievements of information, knowledge exchanges However, these exchanges are not very regular and truly benefit the actual conservation and management activity on the ground In addition, the true joined activity of both PNKB and HNN has not been implemented as expected By other mean the activity has formally worked on political and friendship base rather than actual conservation activity base

Above the cooperation between PNKB and HNN, the Socialist Republic of Vietnam (Vietnam) and Lao People Democratic Republic (Lao) has recently signed the Economic, Culture, Science-Technology Cooperation Treaty (09 April 2011) which has provided an institutional base for those detail cooperation agreement of the sector and province of both countries Moreover, the Ministry of Agriculture and Rural Development (MARD) of

Vietnam, and Ministry of Agriculture and Forestry (MAF) of Lao also signed the Agreement

on Agriculture, forestry and rural development for period 2012-2015; the Forest Protection Department of Vietnam (under MARD) and Department of Forestry Inspection (under MAF) has signed a MoU in controlling, preventing illegal transport, trade on timber, forest resources and wildlife species for period 2009-2012 These specific sectorial agreements again provide good framework for detail forestry and conservation cooperation between the two countries, in this case Phong Nha-Ke Bang National Park and Hin Namno National Biodiversity Conservation Area

This report therefore will focus on analysis the current cross border cooperation that was and is planned and implementing on the ground, especially those in Quang Binh and Khammuoune province which target to biodiversity conservation and forest resources management between PNKB and HNN Within its context, strength and weakness of the activity and institutional arrangement will be identified; recommendation for more effective cooperation will be proposed; in addition, a list of equipment and capacity building activity for transboundary cooperation will also be listed in order to enhance a long-term cooperation of the provinces, especially PNKB and HNN in protecting their unique biodiversity value and irreplaceable kart terrain of the area

2 Objective

1 To provide an independent and credible analysis of the current status of crossborder cooperation on biodiversity conservation between the institutional governmental agencies (may include non-governmental agencies), focusing in Quang Binh province, Vietnam (and preliminary similar analysis in Khammouane province, Lao PDR) in relation with legislative framework, coordination, interactions and relationships and between the agencies;

2 To provide an assessment of needs for more effective cross-border cooperation on biodiversity conservation through improved legislative framework, institutional framework, human resources and technologies;

3 To provide a sample of implementation methodology for a similar in-depth analysis in Khammouane province for Hin Nam No NBCA

3 Method and progression

The analysis following these steps of progression:

1 Inception Preparation of a concept note and work plan

2 Desk based Information gathering Assembling the background information

required for the assignment from both desk top studies and interviews and

discussions with stakeholders and key informants

3 Collect and review relevant legal document: the legal document was collected

and reviewed at both national and provincial level, and specifically those agreement and joined activity of PNKB and HNN on Cross boundary

cooperation

4 Participatory interviews and consultations Gathering information and views

regarding cross border cooperation from all relevant stakeholder in Quang Binh

province, PNKB national park and HNN

5 Synthesis and analysis Assessing the significance of the information we have

gathered, identifying the main issues that our recommendations need to address and the main options for action and prepare report A list of

equipment and technology was also assembled and recommend to support in order to facilitate better transboundary cooperation

6 Consultation A series of meeting with GIZ project, FFI officer and and relevant

agency that will play key role in future cross border cooperation in Quang Binh

on finding s and recommend action and equipment for transboundary

conservation

Participatory and key information interviewing were the key method used for this analysis Relevant representative from provincial agencies that relate to crossborder issue such as Border Army, Provincial Police, Forest Protection Sub-department, Provincial Customs, Provincial Market Control Sub-department, border commune such as Thuong Trach, Thuong Hoa, Dan Hoa were interviewed In addition randomly local people, forester, forest resources retailers was interviewed on their opinion on crossborder resources harvest and use, crossborder management issue (see appendix on list of consultation meeting and interviewing)

The management board of PNKB and HNN was specially focused in our analysis activity Intensive interviewing was made for both representatives from HNN and PNKB on current transboundary cooperation and their recommendation for improving the future activity

The consultation meeting and interviewing was generally focus on the following issues:

and Lao, especially on biodiversity conservation and wildlife trade

province

an effective crossborder cooperation on biodiversity conservation

needs to be improved and supported

All the interviewing and site vision was undertaken from 12 to 23 November which including four days joining the Quang Binh Delegates to prepare the Agreement of cooperation between Khammoune and Quang Binh province on transboundary biodiversity conservation for PNKB and HNN (see detail workplan in appendix) Taking the opportunity

of visiting the province of Khammoune, consultation discussion was also made for representative from HNN and GIZ project component in HNN on transboundary conservation issue

of Vietnam and Lao has been renewed, or raised to larger scale or make into detail level Especially, to celebrate the 50th anniversary of the establishment of Diplomat relation (05/9/1962 - 05/9/2012) and 35th anniversary of the Friendship treaty (18/7/1977 - 18/7/2012) several renewed agreement were signed between provinces and sectors of the two countries in order to echo the top level agreement

In Quang Binh, within 2012 at least 3 agreement were signed, among of those two specifically focused on biodiversity and nature conservation between PNKB and HNN

Department of Justice (signed on 7th March 2012)

- Cooperation agreement between PNKB and HNN (signed on 20th March 2012) on biodiversity conservation and experience exchange

transboundary cooperation for Phong Nha-Ke Bang National Park and Hin Namno National Biodiversity Conservation Area (signed on 16 November 2012)

Beyond the signings, in 2012 the two provinces have sent several exchange programs in order to enhance the information, experience sharing These activities has not yet show a clear effective evidence of the cooperation on the ground, however have definitely facilitated a good start for better understanding and more effective cooperation between the two provinces in the future

Additionally to the transboundary cooperation in forest protection and biodiversity conservation, under the provincial agreement, other Quang Binh’ provincial agencies also have some specific cooperation with lie agencies in Khammoune province such as agreement on trade, military cooperation, joint border patrol, custom procedure… these agreement were signed and periodically renewed base on their time limit and most importantly following the mother agreement framework of national friendship agreement and provincial cooperation

Cooperation of Phong Nha – Ke Bang and Hin Namno

Initiative of transboundary cooperation in order to strengthen the conservation in PNKB and HNN has been long formulated and facilitated Since the first joint statement of Quang Binh and Khammuoune province on enhancing the cooperation on protecting the natural heritage and biodiversity value of the Phong Nha – Ke Bang and Hin Namno area was discussed and announced in 1998 when both protected area was freshly established In the

1998 joint statement, significant of PNKB-HNN as a unified complex of biodiversity and geography was recognized and emphasized, and transboundary effort for protecting, conserving and management this important area was agreed by both sides In addition, many other important issue of exchanging information, experience, and joint research, and effort to call for recognition as world natural heritage for the complex was identified

Additionally, the WWF/Link project has invested a significant resources and efforts to formulate a transboundary conservation effort for PNKB and HNN which has established important mechanism for the follow-up activity in the two protected areas Nevertheless, most of the activities were limited to their first stage of established the relationship and raising the important issue of transboundary and recognition of the two protected area as a unified complex Nevertheless, very little actual transboundary and conservation management activities were undertaken on the ground

The Nature Conservation and Sustainable Management of Natural Resources in the Phong Nha-Ke Bang National Park Region, Vietnam project now is the successor project to again raise and perhaps make the initiative truly work on the ground From 2009 to 2012 several activities has been implemented to facilitate the transboundary conservation issue back on track such as visiting exchange, sharing conservation effort and experience, signed agreement between the two protected areas However, the activity now still has its limit at experience exchange and visiting trips Again up to this time of reporting there is no joint research, discussion to seek for a common management mechanism that benefit the protection and management of the whole complex has been launched

The most recent agreement on transboundary conservation effort between PNKB and HNN was signed on 20 March 2012 in which both sides again emphasis the important of sharing information and experience, controlling of illegal wildlife hunting and trade and identified the key activity for 2012 (seem very short-term) This agreement again indicates that the current cooperation between the two protected area are mostly limited to making agreement, joint statement and most importantly exchanging visit, all other important activity such as joint research, finding common management mechanism and seeking for UNESCO recognition of the whole complex

The most recent and seem to be most important agreement has been archived so far for transboundary issue in Phong Nha-Ke Bang and Hin Namno is the Agreement of Quang Binh and Khammoune province (signed on 16 November 2012) on Cooperation for transboundary cooperation for Phong Nha-Ke Bang National Park and Hin Namno National Biodiversity Conservation Area This agreement likely will provide a good legal framework for detail cooperation activity in the two protected area, even those no clear mechanism and plan for implementation has been given yet and more importantly no financing and resources has been indicated to implement the agreement

In sum, the current cooperation for transboundary natural resources and biodiversity conservation and management between Quang Binh and Khammuone province, especially between PNKB and HNN has been emerged almost fifteen years Following the initiative, activities has been implemented however mostly limit to workshop, visiting exchange and making agreement More importantly, those activities have been implemented under support by international project (extra resources) rather than the state budget or the resources from the protected areas themselves Taking the opportunity of external funding resources to support conservation activity has always been and encouraging activity for all protected area however these resources likely an unstable and unsecure sources Therefore, a long-term conservation planning should not be solely depending on these unstable sources, especially the transboundary activity which often need a strong political support and long-term funding commitment in order to have appropriate plan and activity Therefore, in order to have an effective transboundary conservation and cooperation activity that work then transboundary perception will need to be reconsidered and preplanning in term of approach and funding

4.2 Cross boundary cooperation challenges

Good cross boundary cooperation often require several element of issue that echo in supporting each other, perhaps most importantly a strong political will, relevant capacity and resources Those key elements will help the cooperation work not only on the signing table but on the ground

In the case of PNKB and HNN, the advantage of political will and legal framework is perfectly available as Lao and Vietnam has recently renew their full-scale friendship and cooperation which give no limit to sectorial, provincial or ground level cooperation between the two countries In addition to the national level cooperation, framework of sectorial (MARD and MAF) and provincial agreement (Quang Binh and Khammuone) was also freshly renewed, more importantly in those agreement, clear statement were made

on enhancing forest protection, wildlife trade and biodiversity cooperation between the two countries, and more specifically between Khammoune and Quang Binh Pertaining form above advantage political will and institutional arrangement difficulty likely will not be

a challenge for cross boundary cooperation

The capacity nevertheless likely is one of the key challenges The unequal working capacity

of PNKB and HNN likely does not support a stronger cross border conservation activity, especially that technical conservation level As the current number of staff of PNKB exceeded 120 staff which well-arranged to sections (tourism, scientific, protection), but Hin Namno has less than 20 full-time staffs to run an area that triple the size of PNKB Therefore, with the current capacity and human resources, HNN seems difficult to catch-up with the process that has been done or proposed to be implement parallel in the both protected area In addition, conservation management process in both PAs seem quite unequally manage For instance, the biodiversity and geology survey for PNKB seem almost complete, but very little progress has been undertake in HNN Hence while proposing joint research PNKB perhaps will request for an advance activity that reaches beyond the basic biodiversity survey but HNN may only request to those activity In addition, in order to have

an effective transboundary conservation management it is crucial to have both sides applying the same approach or to propose activity which both side could joint and benefit the actual conservation requirement in the two protected area Nevertheless, unequal management capacity of PNKB and HNN seem not so support such technical approach unless further capacity building activities will be implemented and management board of HNN will be soon strengthened

Lacking of available resources especially state budget for the implementation of the agreement in both Lao and Vietnam would actually making the agreements work only in paper For instance, as the joint statement of Quang Binh and Khammoune provinces was announced in 1998 and the two newly signed agreements in March and November 2012 there has been no other detail plan to implement the agreement and no resources (implementation committee, coordinate unit, monitoring and reporting mechanism, budget) was spared to make the agreed issue work in both sides Moreover, no evaluation

or review was undertaken for the last agreement period to the new agreement to be renewed and signed Lacking of necessary resources is perhaps the key reason that limits the effective of the agreements and eventually limits the transboundary conservation effort Currently all transboundary activities on natural resources management and biodiversity conservation were and are running by extra resources from foreigner support such UNDP/WWF and GIZ/KFW, the project base activity seem to be the short-term one Putting the objective of long-term transboundary conservation on a short-term financing

sources will seriously interrupted the process and eventually not makes the transboundary conservation work in reality Unavailable resources for transboundary conservation and cooperation are not only the issue for provincial authority and protected areas but also for national level MARD and the Forest Protection Department has signed their MoU and cooperation agreement with relevant Lao’s Partner however there was no resources was spare to implement that then actually not actual activity was implemented accordingly Hence, the transboundary conservation and cooperation in the case of PNKB and HNN will only work and has its effective when is has both political will, adequate capacity and a secured resources to ensure that the agreed targets and activities will be implemented on the ground

5 Recommendation

Since the current transboundary cooperation between PNKB and HNN only has not yet effectively work as it was expected due to a various reasons and difficulty Hence, seem like lot of work need to be done in order to keep this vital approach get on track and gradually work and benefit the conservation this important landscape of unified biodiversity

resources and irreplaceable geology value

Pertaining from those identified difficulty and challenges, the following is the approach, activity should be done to improve the current situation and ensure a long-lasting

transboundary conservation effort for this important landscape

5.1 Recommendation for more effective cooperation

In order to have good transboundary cooperation on biodiversity conservation between Quang Binh and Khammuone provinces, especially between PNKB and HNN Hence, first and foremost important is to strengthen the cooperation of all relevant agencies that involve in the transboundary issue, especially to consolidate the information sharing mechanism and joint effort for transboundary biodiversity conservation and management

In the province of Quang Binh, the People committee should play the role of coordination for the implementation of the transboundary agreement of Quang Binh and Khammoune And a Secretariat Unit (ideally the Department of Foreigner Affair with the technical

support for biodiversity and conservation issue from PNKB NP) will be established to coordinate the implementation of the provincial agreement

In order to make the Secretariat work the following arrangement by the Provincial’ People Committee need to be done:

Secretariat will be clearly identified

information for the Secretariat to prepare plan and report for the implementation

of the provincial agreement

The Secretariat will need to do the following tasks:

relevant agencies and the PNKB National Park

coordination role in Khammoune province to exchange information on the

implementation in Vietnam

cooperation

The working mechanism and information exchange of the Secretariat is recommended in the figure 1 The establishment of such important unit will be important to show the willingness of the province in implementing its commitment which directly benefits the conservation and management the biodiversity and geology value of the PNKB and HNN complex

Figure 1 Recommended coordination and information sharing mechanism on transboundary issue for Quang Binh and Khammoune province

Governor office of KM

- Coordination Unit

Local authorities and community

- Boulapha

HNN Secretary unit

Relevant Provincial agencies

People committee

of QB

- Coordination Unit

Local authorities and

communities

- Bo Trach

- Minh Hoa

Relevant Provincial agencies

Rotation biannual meeting on Trans-boundary biodiversity and geology conservation

- Review of progress of implementing the agreement

- Exchanging setting target and identify priority action for the next two years

- Exchanging experience and challenge

Semiannual meeting to report and review

the implementation of provincial agreement

- Forest resources and law enforcement

- Reporting sector dialogue between

Khammoune and Quang Binh

- Exchanging challenge and information

Report all actual activity relate to transboundary issue

IGO, NGO, Scientific institution

IGO, NGO, Scientific institution

PNKB Secretary unit

Annual meeting to review :

- the implementation of the agreement

- Joint research and monitoring activity

- Joint training activity

- Exchanging reports and information

- Prepare for biannual higher level meeting

on transboundary conservation