The Forest Code and its implementing decrees include provisions for consultation prior to the classification of forests and in the preparation of management plans. However the authorisation for logging activities is a purely administrative procedure, which does not envisage consultation with local and indigenous communities.
Even though forest concessions can be granted without any prior consultation, the contracts are meant to only be signed following the negotiation of social agreements (‘cahier des charges’ in French) with local communities. In practice, the government has signed contracts that do not fulfil the required conditions, and without checking to ensure that the agreements have been satisfactorily negotiated in consultation with local communities. Furthermore, a circular issued by the Minister in August 2011 stated that the operators can sign their contract before having presented their management plan; that is, without consulting local communities on these plans.
An additional problem is that artisanal logging permits, whose number has increased spectacularly in recent years, are not subject to the same procedures and can be granted without any real consultation.
|Title||• Law 011/2002 of 29 August 2002 on the Forest Code in the Democratic Republic of the Congo.
• 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 adjudicating forest concessions,
• Ministerial Order no. 024 of 07 August 2008 establishing the inquiry procedure prior to the granting of a forest concession,
• Circular Note no. 005/CAB/MIN/ECN-T/15/JEB/2011 of 15 aout 2011
|Organisation||Ministry of the Environment, Conservation of Nature and Tourism|