There is a Forest Code and 37 regulatory measures of the 45 initially envisaged, plus around 20 operational guides for forestry management, but the lack of measures to apply this framework at the provincial and local levels means that there are always gaps or even contradictions in its application at different administrative levels. Certain supporting measures are also lacking at national level, such as the Decree on Local Community Forests. A review of the Forest Code, some ten years after its enactment in 2002, has become a necessity for initiatives such as REDD+. Furthermore, there are several contradictions between this code and legislation on oil and gas, water, mining, and agriculture.
Legal texts are rarely available at grassroots level, and they are not translated into local languages by the authorities; only by civil society organisations. At provincial and local levels, certain official documents, including the Forest Code, are often unavailable, even to civil servants.
Local authorities have a major role to play in terms of forest sector regulation, but due to conflicts of interest they are not produced at a provincial level so that it is compatible with national regulations. The weak capacity of the forest administration and the low level of financial resources allocated to the sector has propagated poor governance in the sector.
|Title||Green Codes: Legal texts of the Democratic Republic of the Congo on issues related to the environment and natural resources. These include:
• Law no.011/2002 of 29 August 2002 on the Forest Code
• Law no.11/009 on the Basic Principles related to the Protection of the Environment.
• Law no.10/010 of 27 April 2010 on public markets (Arts. 1, 6 and 80.)
• Decree no. 08/08 of 08 April 2008 establishing the procedure for the establishment and disestablishment of forests,
• Decree no. 08/09 of 08 April 2008 establishing the procedure for the allocation of forest concessions,
• Ministerial Order no. 024 of 07 August 2008 establishing the inquiry procedure prior to the graning of a forest concession,
• Ministerial Order no. 102/ CAB/MIN/ECN-T/15/JEB/2009/ of 16 June 2009 establishing the rules and formalities for forestry supervision,
• Ministerial Order no. 090 /CAB/MIN/ECN-T/15/JEB/2009/ of 23 January 2009 on measures to implement decisions rejecting requests for conversion and termination old forest titles.
• Ministerial Order no. 023/CAB/ECN-T/28 /JEB/10/ of 07 June 2010 establishing the standard contract that consitutes the social clause of the contract specifications for forest concessions.