Legal Right to Free Prior and Informed Consent
The concept of free, prior and informed consent (FPIC) is not recognised in the Forest Code nor in the law of the DRC. The 2009 law on the basic principles regarding the environment does not mention it either. The references to consultation are insufficient to fulfil the objectives of FPIC as it is stated in the international conventions that the DRC has signed up to. Moreover, even the procedures of consultation or prior information for a project that affects forest communities are rarely observed. FPIC is increasingly recognised as an important element in new initiatives such as REDD+. Nevertheless, this has not been translated into reality. A specific law on FPIC would allow the clear and strong establishment of the rights of the communities.