FORESTS IN POST-CONFLICT 38628 DEMOCRATIC REPUBLIC OF CONGO ANALYSIS OF A PRIORITY AGENDA Forests in post-conFlict democratic republic oF congo analysis of a priority agenda © Copyright 2007 CIFOR, The World Bank and CIRAD. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without the prior permission of the publishers. The publishers encourage fair use of this material. Correct citation is requested: Debroux, L., Hart, T., Kaimowitz, D., Karsenty, A. and Topa, G. (Eds.) 2007 Forests in Post- ConflictDemocraticRepublicofCongo:AnalysisofaPriorityAgenda.Ajointreportbyteams of the World Bank, Center for International Forestry Research (CIFOR), Centre International de Recherche Agronomique pour le Développement (CIRAD), African Wildlife Foundation (AWF), Conseil National des ONG de Développement du Congo (CNONGD), Conservation International (CI), Groupe de Travail Forêts (GTF), Ligue Nationale des Pygmées du Congo (LINAPYCO), Netherlands Development Organisation (SNV), Réseau des Partenaires pour l'Environnement au Congo (REPEC), Wildlife Conservation Society (WCS), Woods Hole Research Center (WHRC), World Agroforestry Centre (ICRAF) and World Wide Fund for Nature (WWF). xxii, 82p. ISBN 979-24-4665-6 CABI thesaurus: 1. forest policy 2. rural development 3. nature conservation 4. forest management 5. reform process 6. postconflict 7. Congo Democratic Republic I. Title This collective work was coordinated and edited by Laurent Debroux and Giuseppe Topa (overall), David Kaimowitz (forest livelihoods and informal sector), Alain Karsenty (forest economics) and Terese Hart (biodiversity and nature conservation). Other coauthors are: Awono Abdon (CIFOR), Fidele Amsini (WCS), Conrad Aveling, Alain Bertrand (CIRAD), Mohammed Bekhechi (WB), Carlo Bravi (FAO), Eric Chezeaux (FRM), Kenneth Chomitz (WB), Pauwel Dewachter (WWF), Jean-Pierre d'Huart, Chimere Diaw (CIFOR), Gerhard Dieterle (WB), Abderhamane Djire, Jef Dupain (AWF), Katrin Erdlenbruch (CIRAD), Nicolas Fauvet (CIRAD), Eric Forni (CIRAD), Jefferson Hall (WCS), Joseph Kakinda (CNONGD), Gaston Kalambay (University of Kinshasa), Kapupu Diwa (LINAPYCO), Nadine Laporte (WHRC), Raymond Lumbuenamo (WWF), Jean-Remy Makana (WCS), Joseph Makombo, Carole Megevand (WB), Patrick Mehlman (CI), Pierre Montagne (CIRAD), Augustin Mpoyi (REPEC), Kankonde Mukadi (WB), Robert Mwinyihali (WCS), Ousseynou Ndoye (CIFOR), Clotilde Ngomba (WB), Bienvenu Ngoy (GTF), Stefano Pagiola (WB), Jean-Marc Roda (CIRAD), Ivan Rossignol (WB), Diane Russel (ICRAF), Nathan Schenkman (CIFOR), Rolf Schinkel (SNV), Kai Schmidt-Soltau, Carla Staver (CIFOR), Martin Tshamba (WWF), Richard Tshombe (WCS), Norbert Yambayamba (CNEM/Debout Congo). The opinions expressed in this report do not necessarily represent the views of the organisations listed above. The organisations listed above do not guarantee the accuracy of the data included in this publication and accept no responsibility whatsoever for any consequence of their use. The boundaries, colours, denominations and other information shown on any map in this report do not imply any judgment on the legal status of any territory by the part of the organisations listed above, or the endorsement or acceptance of such boundaries. Cover photos by Kim S. Gjerstad, Conrad Aveling and Filip Verbelen Edited by Guy Manners Design cover by Eko Prianto Layout by Gideon Suharyanto Maps by Nadine Laporte and Bruno Bonansea The WWF/World Bank Global Forest Alliance is gratefully acknowledged for funding the publication of this report. Published by Center for International Forestry Research Mailling address: P.O. Box 6596 JKPWB, Jakarta 10065, Indonesia Office address: Jl. Cifor, Situ Gede, Sindang Barang, Bogor Barat 16680, Indonesia Tel.: +62 (251) 622622; Fax +62 (251) 622100 E-mail: cifor@cgiar.org Web site: http://www.cifor.cgiar.org contents Acronyms and Abbreviations v Foreword vii MainFindingsandRecommendations ix 1. TheCongoleseForestin2006 1 1.A. Natural landscapes ­ socioeconomic background 1 1.B. The informal sector and rural livelihoods 6 1.C. Nature conservation 13 1.D. The timber industry 16 1.E. Tentative economic assessment 21 2. TheGovernment'sOverallVision 25 2.A. The Forest Code 25 2.B. Risks and opportunities in the post-conflict context 28 2.C. Forest land-use planning 33 3. AnUrgentChallenge­RegulatingtheTimberSectorAsItRestarts 39 3.A. The legacy of the past 39 3.B. Achievements since 2002 41 3.C. Ongoing efforts 44 4. TheBroaderAgenda 55 4.A. Integrating forests into the main development frameworks 55 4.B. Rebuilding institutions 56 4.C. Fostering small-scale development initiatives 58 4.D. Preserving biodiversity 61 4.E. Rewarding environmental services 63 4.F. Dryland forests and highland ecosystems 64 Endnotes 68 Bibliography 77 iii iv | List of Boxes, Maps andTables list of boxes 1. Process followed x 2. Comparison with other countries 32 3. Protecting wildlife--the Minkébé experience in northern Gabon 47 4. About illegal logging 48 5. Independent observer in Cameroon--what's next? 50 6. The seamy side of transferring forest revenues in Cameroon 51 7. Local communities'access to forests 52 8. The Virunga National Park and its buffer zone--calling for synergies 61 9. The Tayna community-based nature reserve--a novel approach in progress 62 10. Fuelwood management--the Domestic Energy Strategy in Niger 67 list of maps 1. Forest distribution in Africa 2 2. DRC vegetation map 3 3. Population distribution in the DRC 5 4. Geographic distribution of Pygmy groups in the DRC (based on available data) 12 5. Main protected areas in the DRC and the Congo Basin Forest Partnership landscapes 14 6. Map of available inventory data in the DRC 17 7. Estimated production and transportation cost of timber in the DRC 20 8. Network of road, rail and river transport 36 9. Shift in concession cover in the DRC: comparison before and after the cancellation of noncompliant concessions in 2002 42 10. Distribution of bush fires in the DRC 65 list of tables 1. The Priority Agenda analysed and supported by the study xix 2. Estimated orders of magnitude of the economic value of annual flows of forest goods and services 23 3. Categories of forests according to the 2002 Forest Code 26 4. Estimated areas of forests and other land uses in the DRC 35 acronYms and abbreViations ADMADE Administration Management Design AFLEG Africa Forest Law Enforcement and Governance Initiative AWF African Wildlife Foundation CAMPFIRE Communal Areas Management Programme for Indigenous Resources (Zimbabwe) CARPE Central Africa Regional Program for Environment CBFP Congo Basin Forest Partnership CDM Clean Development Mechanism CEFHDAC Central African Conference on Humid Tropical Ecosystems CI Conservation International CIFOR Center for International Forestry Research CIRAD Centre de Coopération Internationale en Recherche Agronomique pour le Développement CITES Convention on International Trade in Endangered Species CNEM Centre National d'Education Mésologique CNONGD ConseilNationaldesONGdeDéveloppementduCongo(TheNationalCouncilofDevelopment NGOs) COCOCongo Coalition pour la Conservation au Congo (Congolese Coalition for Conservation) COCOSI Comité de Coordination de Suivi du Site (Site Coordination Committee) COMIFAC Commission des Forêts d'Afrique Centrale (Central African Forests Commission) COP Conference of the Parties CSO civil society organisation DGRAD Direction Générale des Recettes Administratives et Domaniales (General Directorate of Administrative and State Revenues) DME Diamètre minimum d'exploitation (Minimum Cutting Diameter) ECOFAC Ecosystèmes Forestiers d'Afrique Centrale (Central African Republic) EITI Extractive Industries Transparency Initiative FAO Food and Agriculture Organization of the United Nations FCFA Currency of the African Monetary Community FEC Fédération des Entreprises du Congo (Federation of Congolese Enterprises) v vi | Acronyms and Abbreviations FIB Fédération des Industriels du Bois (Federation of Timber Industries) f.o.b. free on board FSC Forest Stewardship Council GDP Gross Domestic Product GTF Groupe de Travail Forêts (Forest Working Group) ICCN Institut Congolais pour la Conservation de la Nature (Congolese Institute for Nature Conservation) ICRAF World Agroforestry Centre IFC International Finance Corporation IMF International Monetary Fund IUCN World Conservation Union LINAPYCO Ligue Nationale des Pygmées du Congo (National League of Pygmies of the Congo) MIKE Monitoring of Illegal Killing of Elephants MECNEF Ministère de l'Environnement, Conservation de la Nature, Eaux et Forêts (Ministry of Environment, Nature Conservation, Water and Forests) NGO nongovernmental organisation ONATRA Office National des Transports (National Transportation Office) PFNB Plateforme Nationale des Batwa (National Platform of the Batwa) PRSP Poverty Reduction Strategy Paper PSFE Programme Sectoriel Forêts et Environnement (Forests and Environment Sector Programme) RAPY Réseau des Associations Pygmées (Network of Pygmy Associations) REPEC Réseau des Partenaires pour l'Environnement au Congo (Network of Environment Partners of Congo) RGT Tanya Gorilla Reserve RRN Réseau Ressources Naturelles (Natural Resources Network) SNV Netherlands Development Organisation SOCEBO Société Congolaise d'Exploitation du Bois (Congolese Timber Exploitation Company) SPIAF Service Permanent d'Inventaire et Aménagement Forestier (Service for Forest Inventories and Management) TSERO Transitional Support Economic Recovery Operation UAPM Union des Associations Pygmées de Mbandaka (Union of Pygmy Associations of Mbandaka) UGADEC Union des Associations de Conservation des Gorilles pour le Développement Communautaire à l'Est de la République Démocratique du Congo UNESCO United Nations Educational, Scientific, and Cultural Organization UNFCCC United Nations Framework Convention on Climate Change WB The World Bank WCS Wildlife Conservation Society WHRC Woods Hole Research Center WRI World Resources Institute WWF World Wide Fund for Nature Foreword This report reviews the forest sector of the that a high-level initiative be launched to Democratic Republic of Congo in early promote non-extractive forest uses. Markets 2006. It analyses reforms undertaken since for environmental services seem to offer new 2002 and it recommends priorities for the prospects for blending social and economic upcoming four to five years. development with nature conservation. New contractual and financing instruments It highlights the nature of the Congolese should be developed and tested by the DRC forest as a public good, with critical values and its international partners. for the global environment and for millions of forest-dependent people, who are among All numbers and statistics in this report must the poorest in the world. It also looks at beviewedasestimatesofordersofmagnitude, the legacy of mismanagement that plagued as most forest-related information in these forests in 2002, and at the tensions the DRC is still piecemeal, imprecise or induced by the post-conflict recovery. It unreliable. These figures do not imply any highlights the risk that forests will continue judgement by the authors, but simply reflect to be misappropriated to serve rent-seeking the current state of knowledge. interests, and that forest dwellers, the national community and the environment This study does not aim to be exhaustive--it will continue to lose out as the country focuses on the rainforest areas of the DRC. enters into peace. Against this backdrop, It will need to be followed up by in-depth the report focuses on issues that may cause analytical work on issues that could not irreversible damage to the public and to the be covered in detail at this stage, such as environment, or erode future benefits. It also fuelwood and non-timber forest products, shows the risk of inaction. community-based management, and the management of savannah­woodland and Based on current policy analysis and highland ecosystems, among others. knowledge, this report recommends a set of urgent measures that seem feasible in The authors thank the institutions and the current DRC context. These measures, experts who expanded on this analysis with grouped as a Priority Agenda, focus on their knowledge and advice: development transparency and public participation, agencies, national and international NGOs, enforcement of laws and contracts, traditional authorities and representatives of sustainable management, and equitable forest people, the Fédération des Industriels sharing of benefits. This report recommends du Bois; and the Government of the that simple corrective and preventive actions Democratic Republic of Congo through undertaken since 2002 should be carried the Ministries of Environment, Finance, through; that local livelihoods, traditional and Planning, provincial authorities, and rights and local consultation processes the Institut Congolais pour la Conservation become centre stage in decision making; and de la Nature. vii 1 ©Kim S. Gjerstad viii main Findings and recommendations A ­ Context And objeCtives The DRC Government started a priority reform agenda in 2002, at a time when forest Context. This study comes within the institutions had broken up. The majority of scope of United Nations Security Council the country's forests were locked up under Resolution 1457 (United Nations Security large-scale logging concessions, with no Council 2003), which calls on `international local consultation, no fair return for the local financial institutions ... to assist in efforts to people or the country, and no consideration create appropriate national structures and for alternative forest uses. These concessions institutions to control resources exploitation'. served mostly speculative interests. They It also fits with the World Bank's 2002 overlapped with villages, farmlands and forest strategy (World Bank 2002) aimed biodiversity hotspots, and no provisions were at reducing poverty, integrating forests in in place for meaningful public participation. sustainable development, and protecting In the absence of radically innovative the environment. policy actions, this situation was clearly conducive to further social, economic and The context for the study is the aftermath environmental losses. of the war, and the re-engagement of most donors and other development partners. Objectives. The objectives of the study By placing forests among the central included: (i) taking stock of the knowledge themes in their dialogue at this early post- of social, economic and biological aspects conflict stage, these partners have signalled of the Congolese forest, and making that the importance that the international information available to all interested community attaches to natural resources parties as a common basis for discussion; in the fight against poverty and corruption, (ii) outlining general policy directions for and for conservation of the environment. future sector development; (iii) helping the Congolese forests were soon identified as government make strategic choices to deal critical for the livelihoods of an estimated with the risks associated with post-conflict 40 million rural people and for the global situations, including the presence of vested environment, yet industrial forest uses have interests, attempts at misappropriation, yielded few collective benefits. weak governance, and corruption; and ix x | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda box 1. process followed This study is the result of collaboration among teams of the World Bank, Center for International Forestry Research (CIFOR), Centre International de Recherche Agronomique pour le Développement (CIRAD), African Wildlife Foundation (AWF), Conseil National des ONG de Développement du Congo (CNONGD), Conservation International(CI),GroupedeTravailForêts(GTF),LigueNationaledesPygméesduCongo(LINAPYCO),Netherlands Development Organisation (SNV), Réseau des Partenaires pour l'Environnement au Congo (REPEC), Wildlife Conservation Society (WCS), Woods Hole Research Center (WHRC), World Agroforestry Centre (ICRAF) and World Wide Fund for Nature (WWF). The research process included desk review of literature, collection of original data through thematic studies, and a consultative process to sharpen the analysis and test consensus on initial conclusions. The supporting thematic studies cover the following areas: Overview of the DRC's forests and forest management system (Chezeaux 2003) Economics of the timber sector (Roda and Erdlenbruch 2003) Taxation and economic incentives (Karsentyetal.2003) Interactions between rural populations and concessions (Yambayamba 2003) Small-scale artisanal forest operations (Djiré 2003) Indigenous forest people (Schmidt-Soltau 2004) Assessment of selected national parks (d'Huart 2004; Mwinyihali 2004) Economic valuation of forest goods and services (Bravi 2005). The process also included consultations with government, national and international NGOs, industry, forest people, and donors. Most consultations took place during 2004. Consultations were held with the Ministries of Environment, Finance, and Planning, and with the Institut Congolais pour la Conservation de la Nature. Discussions also took place with members of parliament and provincial governors. Consultations were held with donors within the framework of the Forest Thematic Group, and with the private sector within the framework of the Fédération des Industriels du Bois. Consultations were held with domestic NGO networks involved in environmental and natural-resource issues, which acted as a relay for their members and partners. Field visits and meetings with local groups took place in September 2003 in Equateur province, in February 2004 in Eastern province and in December 2005 in North Kivu. Exchanges with other donors and international NGOs also took place in Europe and the USA. Consultations with government, civil society and private sector continued in an iterative manner in 2005 and 2006. This study also benefits from a number of thematic workshops and from two International Forest Forums held in Kinshasa in November 2004 and February 2006 (MECNEF 2006). A draft of this report was handed out during the first of these forums. To the extent possible this study captured the key issues and the views of the largest number of actors involved in the management of the Congolese forests. It was developed in parallel with the actual implementation of the government's reform agenda since 2002. Thus, it does not represent the end of a process. Further consultations and studies will have to continue in parallel with this agenda, to forge the consensus, to take into account new developments, and to improve knowledge in areas that could not be fully addressed here. (iv) assessing the adequacy of the priority to be under mounting pressure by vested reformagenda,andprovidingthegovernment interests and market forces, and there is little with clear and constructive feedback. institutional capacity to protect collective or long-term interests. In this context, inaction would help consolidate vested b ­ Long-term vision And short - interests to the detriment of the Congolese term priority AgendA people and the global environment. Faced with this challenge, the study considered The main challenge for this study was to the government's general vision for future help the government and its partners make developmentofthesector,anditconcentrated difficult decisions in an information-poor most of its attention on immediate measures environment and under pressure. With the to tackle post-conflict risks while creating advance of peace and the rehabilitation of the space for achieving the broader, long- infrastructure, the Congolese forest appears term vision. Main Findings and Recommendations|xi The long-term vision for the Congolese There is currently no single model that forest is still in the making. Options are the DRC can emulate for managing open and new ideas are needed. As far as forests. The size and variety of the DRC's the government is concerned, it would ecosystems and the diversity of social and certainly embody the following elements: economic expectations from various players the DRC would position itself as a provider will accommodate a mosaic of forest uses of environmental services to the global ranging from conservation and sustainable community and would expect to receive production, to conversion to agriculture or some recognition in return; multiple forest other uses. It is hard to advocate or anticipate products would be harvested for domestic a desirable mix at this time. In some cases, and international markets in a sustainable preferred scenarios will not be possible or manner; local people would continue using compatible, and trade-offs will need to be forests for their subsistence and their social found. and cultural wellbeing, and their traditional rights to do so would be legally secured; and Conservation options are desirable for many the forest would contribute meaningfully to reasons, including the fact that they leave creating employment and to rebuilding the other options open for the future. Nature country. conservation seems to benefit from great interest by Congolese leaders, including From the international community's President Kabila. However, adequate viewpoint, the return of peace in the DRC instruments and finance for large-scale can be perceived as a unique opportunity conservation do not seem to be available to take a fresh look at the second-largest at present. Under current circumstances, block of rainforest in the world, to avoid the brunt of the cost of conservation would the replication of unsuccessful models, have to be borne by the Congolese people in and to develop new models that give more the form of direct surveillance and foregone emphasis to the environment and to forest income. In addition, millions of poor people dwellers. From the government's viewpoint, depend on bushmeat and other forest forests present an opportunity to restore the products for their living, and will continue country's international image by protecting to do so at least until alternatives become the global environment, and to improve local available. livelihoods and consolidate peace. These two viewpoints seem to be compatible and to a Industrial timber production has a poor track large extent converging. However, acting record in Africa. Over the past sixty years, on them will require breaking new ground there is little evidence that it has lifted rural in policy making and financial systems, populations out of poverty or contributed and will involve a large set of political and in other meaningful and sustainable ways to economic actors. The challenge will be to local and national development. Any policy turn converging interests and potential option that would deal with the timber markets into deals and payments. The industry should openly discourage `business question is how to secure one of the world's as usual', be selective, ensure that companies most valuable ecosystems while at the same adopt more socially and environmentally time improving the livelihoods of one of responsible practices, and that forest rent is the world's poorest populations. This will shared equitably. mean improving the currently inadequate management and financing models, faster Small-scale gathering and small-scale businesses than the ecosystem is depleted. A high-level are currently producing more benefits for the international debate is needed to bring this Congolese people than any other forest use. vision into reality. Available options need to They are unregulated and serve primarily be put squarely on the table, and new ones local markets. While they are desirable in developed. many respects, there is no evidence that they xii | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda do not exhaust the resource base and are has not, throughout its history, benefited sustainable in the long term. They are also the Congolese people. Mismanagement has the result of a poor economy constrained by led to the paradox of an economically poor war and lack of infrastructure. Were these people in a naturally rich country. Today, the constraints lifted, some of these activities Congolese forest should be seen as a public would likely grow into industrial operations. good with multiple values that needs to be Lack of regulations and incentives would managed in the interests of the Congolese then create risks of damage for the forests and people and the global community. Among of missed opportunities for local livelihoods the wide range of forest products and and the national economy. services, fuelwood, bushmeat and other non-timber products seem to have the The priority agenda (see Table 1). Starting highest annual economic value. Securing from the analysis above, the study helped local forest values in the DRC is the top assess the immediate steps that are needed priority. Environmental services, although before any progress can be made towards creating little tangible benefit today, have a a new, more ambitious vision. Two high potential for development. prerequisites are to dispose of the legacy of mismanagement and to regulate the timber Forests are essential for Congolese people. industry as it restarts. In that spirit, since The vast majority of rural people in the DRC 2002, the government has initiated a set of rely on the forest for their livelihoods. From simplecorrective,preventiveandframework- it they derive most of their protein, medicine, setting measures. Launched in the wake of energy, materials, and cash income. This also the war, in a country with no roads and applies to the urban population to some almostnofunctionalinstitutions,thisagenda extent. Some groups, especially the Pygmies, is both selective and pragmatic. It targets rely on forests almost entirely. Wood and issues that, if not resolved very soon, would charcoal provide 80 per cent of all domestic irreversibly harm the environment and local energy consumed in the DRC. Small-scale communities, and deprive the DRC of the informal loggers produce most of the timber benefits of its forests. The agenda emphasises used locally. Bushmeat is a vital source of enforcement of laws and contracts, as well as food. Annual consumption is estimated at transparency to reduce corruption and foster over one million tonnes. The Congolese public debate and accountability. These people also use hundreds of forest plants measures require political will more than for food and condiments, and even more financial means or technical capacities. They for medicines. Slash-and-burn agriculture prevent poorly informed decisions from depends on forest to reconstitute soil fertility. being made today that would preclude the The social and cultural significance of forests realisation of a broader vision in the future. for forest people is almost immeasurable. When, and if, these measures are completed, then achieving the long-term vision will Forests are also essential for the global become possible. environment. The Congolese forests store carbon and slow down global climate C ­ mAin change. They also help regulate one of the findings world's largest river basins. The DRC is also a unique reservoir of biodiversity: it ranks fifth A public good with multiple values in a in the world for plant and animal diversity. context of paradox. The DRC harbours the Its natural habitats range from mangroves largest forest area in Africa, and the second- to glaciers and volcanoes. It contains more largest block of tropical forest in the world. Natural World Heritage Sites than the rest of Atthesametime,itspopulationof60million Africa combined. This natural treasure must is among the poorest in the world. The be preserved. If lost, it cannot be replaced. abundance of natural resources in the DRC The impact of war, anarchy, displacements Main Findings and Recommendations|xiii and institutional collapse was devastating. and rent-sharing are not reformed. The Today, most (if not all) of the parks and restarting of many sectors of the economy, reserves are reduced to `paper parks' under demographic growth, and the absence of a threat from poaching, mining, logging and structured process for land-use planning all encroachment. Outside of the parks, most create the risk that incompatible uses will surveys have shown that the current level of overlap and conflict with each other, and poaching is not sustainable. Many forests, jeopardise traditional user rights and the although remote, have already become environment. `empty forests', mostly devoid of large animals. The need to prioritise. For a long time, the majority of the territory has been The legacy of the past. The findings of this inaccessible because of insecurity and lack study are closely akin to those of Baker et al. of infrastructure. Today, the ability to take (2003): `The challenge ... is to rebuild and action physically and institutionally is still replace the warped, inequitable systems that inadequate in view of the complexity and have emerged over the past decade and create size of the challenges. In this context, it is others'. In 2002, most of the Congolese necessary to focus the available resources on forests were earmarked for industrial logging: the most urgent issues--that is, those most 43.5 million hectares were locked up under likely to cause irreversible damage to society 25-year contracts awarded before and or the environment. during the war. These contracts were mostly speculative and had been concluded without The restarting of logging. The recovery consultation with local people, consideration of the timber sector is probably the most for other possible forest uses, or equitable significant change that affects Congolese return for the country. Often overlapping forests in the post-war period compared to with villages, farmland and biodiversity previous decades. The economic value of hotspots, these concessions carried the seeds industrial timber seems to be far below that of new conflicts, deprived communities of the of other forest products, but it is where the right to manage their own forests, and made risk of misappropriation and plundering it difficult to extend protected areas and to of public resources is the highest. To some develop non-extractive forest uses. Forests extent, this restarting is inescapable. It does were seized by logging interests and there was not depend on sector reforms. It is driven by little space left for other forest uses. security, infrastructures and markets. This industry has the potential to bring benefits Post-conflict risks. After decades of to local people and to the country, but these mismanagement and war, the economy benefits will not come automatically. They is recovering and the State is gradually will materialise only if adequate policies are rebuilding. But peace remains fragile, properly enforced. Otherwise, there is reason institutionsareinashambles,andmonitoring to fear that this industry will mostly serve systems do not exist. Emergencies are personal interests. Today, the collapsed state affecting all sectors. The DRC's natural of the infrastructure is the main bottleneck resource base has suffered much from the to logging expansion, but this situation will war, and it could suffer further from peace not last forever. The urgency is to make and recovery. Risks stem from the restarting planning and enforcement tools operational of logging, as well as from the rehabilitation before physical barriers dissolve, otherwise of infrastructures, mining, demographic illegal or destructive logging is likely to gain growth, and the growing demand from ground. urban markets. In post-conflict DRC, the paradox of an economically poor people A few key steps completed since 2002. in a naturally rich country may intensify, Some key steps have been completed if the systems that rule access to resources since 2002, such as the cancellation of xiv | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda 25.5 million hectares of noncompliant Benefits may remain marginal if past logging concessions, the establishment of a distortions fail to be cleared first. moratorium on new concession allocations, the gradual increase of the annual forest The gap between policy and practice. rental fee, the removal of unjustified At present, practices in the field are charges prone to fraud, the approval of a disconnected from the policies designed new Forest Code, and the launch of a legal in Kinshasa. Forest and local institutions review of all remaining concessions with the have deteriorated. They must be reinforced assistance of an independent observer. These urgently, otherwise the gap between policy decisions were backed by top-level political and practice will only become wider, and the commitment. Support within the line likelihood of improving things in villages ministry has fluctuated over the course of and in the forest may become insignificant. the political transition from 2002 to 2006. Some measures were seriously challenged: Non-extractive forest uses. As mentioned in spite of the moratorium, a gross 15 above, there is an opportunity for developing million hectares was reportedly exchanged newforestusesandfinancingsystemsbeyond or relocated, leading to a net increase of 2.4 the usual models of timber production, million hectares of area under concessions. parks, agriculture and small-scale harvesting These transactions reflect the weight of the by communities and local enterprises. About interests involved. In spite of this wavering one-quarter of the rainforest area is currently commitment, the fact that this agenda was under timber concession. This ratio is endorsed by the entire government and the likely to decrease after the legal review, and growing support by civil society for these the moratorium on new concessions was reforms (Joint Statements 2005, 2006a, b) confirmed by presidential decree in October seem to have contained backslidings and to 2005. Supply (on the Congolese side) and have made some progress possible. Overall, demand (on the international side) for since 2002, the total area under concessions non-extractive forest services seem to exist, has decreased from 43.5 million hectares to but the connection between the two does 20.4 million hectares. not seem to work yet. The challenge is to establish that connection, through public or The 2002 Forest Code. The Forest Code private financing systems that can turn this sets the framework for more equitable and potential market into tangible benefits for balanced forest management. Innovations the DRC. include: maintaining all traditional user rights, including those of indigenous people; implementation of forest management d ­ mAin reCommendAtions plans in all production forests including the protection of wildlife; the right for This report encourages the government to local communities to manage forests they continue the priority agenda undertaken own under customary rights; return of 40 since 2002, to finish cleaning up old per cent of the area fee to provinces and concessions, and to start implementing the territories; mandatory implementation of new Forest Code (see Table 1). These steps, social responsibility contracts; consultation and the forthcoming ones, are consistent with local people prior to assigning a forest with the World Bank Forest Strategy (World to conservation or production; allocation Bank 2002). These are only first steps that of production forests through transparent need to be consolidated, followed up, and methods; a target of 15 per cent of the area implemented in the field. In the DRC's weak of the country under protection status; and sociopolitical and economic environment, promotion of non-extractive forest uses such the future of forests cannot be left to market as environmental services. The challenge will forces and individual initiatives. Top-level be to bring these innovations into practise. actions and commitment by a critical Main Findings and Recommendations |xv number of players are necessary to manage Enforce the fiscal reform package and these forests in the interests of the public, and secure tax collection. The interministerial to address the strategic questions concerning decree of March 2004 reduces the fees the balance between various forest uses. of the Office National des Transports and gradually increases the forest area fee The main actions, or priority agenda, between 2004 and 2007. The package recommended by this study are as follows. lowers the fiscal burden. It aims to deter They are a mix of urgency, importance and speculation on forests, to simplify and practical feasibility in the DRC post-conflict secure tax collection, to increase revenues context. for provinces and territories, and to level the playing field among companies. 1.Staythecourseofcorrectiveand preventive measures to remove the 2. Regulate the timber sector as it legacyofpastmismanagement restarts Maintain the moratorium. The Monitor logging in the field and enforce moratoriumonassigningnewconcessions penalties. An increase of illegal logging should stay in effect until the legal can be expected if more stringent review of old concessions is completed, regulations are introduced without at a transparent auction system is in place, the same time enhancing oversight and and a medium-term planning of future enforcement. Third-party observers allocations is adopted. The medium-term should assist the forest department to planning should indicate the number, ensure objective controls and public size and location of proposed new information on infractions and penalties. concessions. The idea is to avoid falling Any misdemeanour must lead to deterrent back into the old system of speculative penalties.Remotesensingandlog-tracking grabbing after the moratorium is lifted. technologies should be developed. This plan should examine the soundness of opening new concessions given the Return 40 per cent of the area fee to existing transportation bottlenecks. The provinces and territories. All steps of moratorium should stay in place until this system must become transparent. satisfactory management and governance The transfer of resources, as well as the standards have been achieved in the planning, expenditure and accounting existing concessions. In the absence of a at provincial and territorial levels, and clear rationale for new concessions, the external audits, must all be made public. moratorium should be extended. Such transparency is vital to prevent misuse. Local administrators must be Complete the legal review of old logging accountable to the local people. titles and rescind invalid ones. This operation is to check compliance Implement the social responsibility contracts with the clauses of contracts and with (cahiers des charges). The challenge is to the moratorium. Pursuant with the ensure that these agreements result from presidential decree of October 2005, all fair negotiations between companies invalid contracts should be rescinded or, and villages, and that they are actually when applicable, restored to their pre- implemented. A national compendium moratorium state. All valid contracts of cahiers des charges should be set up with should be converted into sustainable participation of civil society and serve as a management concessions consistent with reference for public monitoring. the boundaries of villages and farmland and including social responsibility clauses Move to forest management plans. (cahiers des charges). Such plans should be based on simple xvi | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda regulations. From a social viewpoint among others. There is still no tried- they should include the agreements and-tested model in Central Africa, and contained in the cahiers des charges. showing the DRC concrete alternatives to From an environmental viewpoint, they the usual models of forest management should include commitments based on is a challenge to all parties. A high-level outcomes rather than inputs, especially internationaldebateisneededtoovercome for wildlife protection. Basic measures the limitations of the existing instruments for sustainable management should be and to make large-scale conservation and enforced upon the start of any concession environmental services attractive options without waiting for the approval of a for the DRC in the short term. detailed forest management plan. Develop community forests. There is Set up a transparent allocation system. If little experience of legally recognised therationaleforopeningnewconcessions community forests in the DRC. The is established, old discretionary methods challenge will be to develop simple should be abandoned. Developing an systems,accessibletovillagecommunities, auction process suited to the DRC will including indigenous groups, but not require careful thinking, as well as prior easily diverted by unscrupulous brokers, consultations and pilot tests. especially in forest areas where timber attracts major financial interests. New 3. Implementing the broader vision approaches whereby management ofmultipurposeforestuse contracts between the government and local communities make the latter Conduct participatory, multipurpose responsible for managing their own forest land-use planning. Forest land- forest, as currently being developed in use planning should be done in a the Eastern DRC, should be pursued. participatory manner with local The DRC will also have to learn from consultations, and be based on the experiences in other countries. principle of prior, free and informed consent. This process should take Support small-scale family enterprises. account of all possible forest uses, and Millions of people derive their meagre help prevent social conflicts. As a bottom income from small timber or non- line, local communities' uses should be timber forest-based businesses. These are mapped and their rights secured, with mostly informal, family or community special attention to the indigenous enterprises. The challenge is to help peoples. New parks, community forests, these small businesses establish their concessions, and other uses would be sustainability without depleting the identified in non-disputed zones. The natural resource base they rely on. In this process would come up with indicative area too, the DRC has little experience to maps that have no immediate legal date, will have to learn from experiences relevance. Actual decisions would in other countries, and develop its own be made later on a case-by-case basis solutions. following gazetting procedures that also include local consultations. Rehabilitate protected areas and preserve biodiversity in productive landscapes. The Develop non-extractive forest uses. first priority is to rehabilitate national Mechanisms aimed at rewarding parks and World Heritage Sites. Other environmental services should be efforts must be pursued simultaneously: encouraged. Such mechanisms may protecting wildlife in production include conservation concessions, carbon forests, promoting community- sequestration, and bioprospecting rights, managed conservation areas, updating Main Findings and Recommendations|xvii the law on nature conservation, and e ­the mAin pLAyers expanding protected areas to the extent still possible. As the country returns to peace, the Congolese forests are being subjected to Design priority programmes for highlands, a wide range of expectations that do not savannah­woodlands and aquatic automatically fit together. In addition, ecosystems. This study focuses mostly improving forest management goes beyond on rainforests. However, mountains, the scope of a single line ministry and many savannah­woodlands and aquatic actors come into play. ecosystems are just as important in the Congolese context. These ecosystems The Government. One key to success is to are often more fragile and more exposed maintain the sector on the radar screen of key to deforestation and soil erosion. These decision makers, keep it on the government's issues deserve decision makers' utmost core post-conflict reform agenda, and avoid attention. More analytical work is needed sector isolation. The forest department plays to help improve policies and identify a critical role, but it cannot reform the sector priority programmes. on its own, especially in the face of high post-conflict pressures and vested interests. 4.Rebuildinstitutionsandstrengthen Difficult decisions, such as the legal review nationalleadership of logging titles, involve several ministries. The government is not a monolith, and Rebuild public institutions and strengthen the level of commitment depends upon civilsocietyorganisations.Thiswillinclude people, alliances and opportunities. The training and equipment programmes, DRC experience since 2002 shows that as well as improving the incentive sector reforms require continued vigilance framework for the forest and nature and commitment by multiple authorities, departments, for local administrations, including non-sector ministries, the and for civil society organisations. The presidency and parliament. strategy will need to combine long-term capacity building efforts with short- Civil society. It is important that forest term targeted interventions to deal with management becomes more transparent, emergencies. participatory and democratic, and that the most vulnerable social groups enjoy Disseminate the Forest Code and prepare equal rights and opportunities. NGOs, the the decrees. Local NGOs should be media, professional federations, churches, actively engaged in disseminating the women's and youth associations, and other Code, which sets out general principles grassroots organisations will be key players and needs to be complemented by the in this process. This is the direction taken implementation decrees. Preparing the by new policies, although implementing decrees should combine a participatory truly participatory approaches is not an process with the pressing need to regulate easy undertaking for a country with little activities in the field. New systems must experience with democratic mechanisms at be simple and transparent. either national or local level, and which is just emerging from a decade of civil conflict. Develop a national, sectorwide programme. NGOs and other civil society groups The DRC and its partners should ensure should be involved in processes such as the that the multiple projects in the sector drafting of the implementation decrees, fit within a national programme open to legal review, and land-use planning. They all stakeholders. This programme would should also be involved in pilot testing the serve as a single framework for piloting Forest Code's innovations in the field and and monitoring the sector. in monitoring their implementation, for xviii | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda example the transfer of forest revenues, social can be done by providing legitimate sources responsibility contracts, and community of income in compensation for the informal forests. They should be involved in forest and arbitrary systems that are meant to controls, in disseminating the Forest Code, disappear. The government will need to set and in awareness-raising campaigns. Local up frequent consultations with people, as communities must be given opportunities well as create structures aimed at preventing to participate directly in decision-making and resolving any authority or legitimacy and management processes. This is disputes. especially true for minority or vulnerable groups, such as the Pygmies, who could be International cooperation. In addition marginalised in consultations and sidelined to providing financial support and advice, from economic opportunities. These groups donors and NGOs can certainly help sustain must receive specific attention when it political commitment for reforms, especially comes to maintaining traditional rights, and in the hectic momentum of reunification. they must enjoy equal access to community Constantly referring to the same priority forests, to the transfer of tax revenue, to the agenda makes it possible, to some extent, to cahiers des charges, and to other innovations stay the course and prevent reversal, despite of the Forest Code. frequent changes in executive positions, alliances and other priorities that decision The private sector. Private sector buy- makers face in this unstable post-conflict in is important for the success of reforms. environment. Recent forest policy directions remove hurdles from the business climate, such as International advocacy. Voices in the discretionary practices, unjustified parafiscal international arena influence the future charges, and lack of transparency, and place of Congolese forests. Reforms that have upon companies new environmental, social been undertaken in the DRC since 2002 and fiscal responsibilities. In internalising favour long-term public interest; however, changesofthismagnitude,companiesalready the benefits they provide to the national established in the DRC face challenges community are not immediately visible, equal to or greater than those faced by whereasthetroubletheycausetooldprivileges newcomers. At the time of this review, the are obvious and immediate. Paradoxically, private sector seems uncertain of the benefits these reforms are sometimes challenged of the current reforms and, in the absence rather than supported in the country. The of strong assurance from the government internationalcommunitycanhelpstrengthen that these reforms will indeed be enforced reformers within the government. This is uniformly, it is advocating the status quo. To especially important in an unstable post- achieve mutual trust, responsible operators conflict context where initial achievements need reassurances that new rules are there risk being quickly reversed. In this context, a to stay, and that complying companies will mix of positive reinforcement and criticism not be penalised by unfair competition from can go a long way. On the contrary, negative noncompliant ones. criticism alone without recognition of positive steps risks undermining reformers. Local entities. The new central government It may eventually end up in an unintended will have to secure cooperation from local coalition with vested interests that seek to and regional authorities. In some cases this maintain the status quo. Main Findings and Recommendations |xix ers seem play ausec table of e , orf that main ouldc hisT. inancF casest members the easar . ing the easar back theott local tionalear tions as in.M.t and, al these and the orfA .ts TR eporroty epsstt signifies in oliticp eporr and (FIB) and t.or ificaerv t.or eporr t/ONA emencor societ nex font tion ong .erv plan t.or enf the, oldb, inac strise edvLov ort them). echnicalt supp public orf ivilC. in that iumorta supp ommunitiesc tion ting and obser supp t.or as tions ities ac ed ther ersy mor anrg orfe ansporrT,t supp LAp secetaivpr, alloca budgetO NGOs budgetO issuing budget suitswla priorities videdopr, not WRI. inA the and m NGOs,t (or SERT inancF ee (FIB), SERT onmen author orfy budget ommendedecr highear elievbistI. theecor WB in.M WB vir tion, WB/IMF local .y WB for for for for tners aints of enfott ort essions andt ommittc En,e ollecc andt Judiciar. tabilit agenda par onstrc fines al of es oncc ialer inancF tax,t ounc status this onmen nmenervoG.y establishot essgropr onmen secetaivpr,y essgropr of essgropr onmen ac essgropr in donor new of of of ting of ent ed and gisticlo ose vir tivta vir ies vir er orat curr list and dispot En esen ting orat En ministertin orat emencor orat En ostf ts ollecc the ws emsit NGO es t in.M esidencrP eprr anrg Indic in.M esidencrP the Indic inistrM enf Indic in.M orf and Indic all and sho of the . estarrit hileW of unablet table C. ernmentv institutionale measure edlyt tion new es and . as auc tivta edy ammer ort . hisT. 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Chapt supp erpt of and er implemen onducC. orefb actrxe inno amefr -basedy and,t Cha es thet estorf planst anspartr, em.stsy decision. and .ts rioritp 40% .3 multipurpt tions non-e mechanisms .4 ojec er ansfrT vincoprot er Chapt. ande newa ges tion use uses up planning erpt simple pr Chapt mplemenI char eparrP sustainable managemen .3 etS alloca onducC est use onsultac orf .2 omotrP est ommunitc orf financing Cha Design orf managemen pilot Main Findings and Recommendations |xxi ,ort , ely ot y sec ies ot tiv polic malornfI.korw field and ace b field donors oupsrg and mor curot and salar:kor otin tingafdr ting CSOs and orf dina donors be es local oorc policies CN, ocalL.korw policies amewfre NGOs. ouprg orf (IC ing ing edvLov shouldy essionair . tiv eam t.or en multistakeholder, .ts in analyticalt define tionav societ oncC.t essions analyticalt define inc mak eerst supp the mainstrot onorsD. ersy helpot civil oncc helpot ouncilsc plans ojecpr LAp inA onduccot onserC in ess tners decision budgetO ities orf m ocalL.ks onduccot ities tion par and . SERT estorf NGOs, author WB oalitionC paret managemenyort adetrt addrot andt ac ts NGOs, author nalert multistakeholder ional local local donors Ex. nmenerv .t for andt egr,t ional eg donors,t ticipa instrumen andy . bushmea tional par donors,t . andt go ommunitiesc Na in and andy budgets, with onmen essgropr of onmen tional/r nmenervoG vir supporOAF. vir na societ ammesr the ehabilitarot ed En En up funding,e civil ogpr CN,IC NGOs) olvvin poaching nmenervoG societ ammesr civil ogpr leadership nmenervoG localt ees orat ainingtr dialogue suppor in.M decr Indic in.M wadr advic . . t pilot .es tional in . some, tha orf tion. , e .t , orf the es and easar na tionala y ienc en 2004. eamed localt jobs tiv ns edt helpot xist . eadyr odeC . in oper ammesr en tincxe NGOs,t wildlifecor tion.av densit tions xpere' engthen msorefr none or tingafdr ees ) -based of campaig tion estorFt NGOs mainstr ouprg onducC. . ns( estorf ogpr inc with ecotpr iestr str institutional wledge/understanding and modelst . ge edtafdrt . unit plans tify tion enedt nmenerv Enf.ks onserce wledge/understanding onsultac ounc .ksorw ann monitot andt estorF edt tion char up eps sttx ofyit nok videopr ea popula net of Iden. and, maor thry goyb par xistinge es decrtafdr tion tur key na nok and Budgets. in Suppor. dina set tion other desig of 2006. ac of on NGO tiv onmen documen oorc' dina ne and managemen tions ouprg tions vir and ional ome ndA major Lack.es inft edt in ersit wa institutions shambles oft initia' dissemina En beingt eg )s( the tic inc' suppor tionsa eassessR.ts on wingo Gr. in new tly ammer 2004 oorcs't ts acpr onsultac Suppor.es Dr. eviewr numberA. onsultac onorsD biodiv actr wlaet able Lack.esc CSOst holder tions elopmen pilot edt in.Myb in tional/r tusAt esen tic and egyta opery Rebuild onc mapping,korw CNIC ns ogpry held instrumen onmen s and Upda. esourr agenda. vir nae eprr businesses acpr str vulner genc andt dev Suppor and,y enac insufficien localeta ersit ort emsst ing ones ile multistak En tion agfr analytical andy institutional ees tiv campaig orumsf sec studiest small logg highly plan. tabilit odeC osy envertinyit financing onmen decr eacr biodiv onomic in.M eparrP. unsustainable ec emert new the on ant theeta tion ec malornfI:S on ease tify and estorf . of emsst take iorpr vir ocac tion ounc tiv and tions onducC: incr sustainablee .ts ehabilitar En ac ourf estorF. Suppor: iden Under: tify er ees and based NS can mor ojecpr Unique:S ksarP donors NS clauses and osycE:S depending NS iden in.M:S adve tivcA onducC: NS ehabilitar ostf Only:S eacR: eviewr NS decr dissemina estorF:S tional Na PRSP multidonorA elaunchR: NS onsultac er edt ec tion . family .4 ot ammesr tic .4 y Chapt ees .4 tion er ACy Chapt. pryeket ev duco er er tional eser pr priny .4 erpt ogpryit annah­vsa, aqua societ estorF thee decr institutions and Chapt. civilt CSOs).( theet tionta naae multidonor Chapt. rioritp small-scalet isesprert and, ersit .Cha iorprn emsst public tions eparpr .2 plac div highlands suppor and er ammer Suppor en Rehabilita easar bio easar osy in esigD orf oodlandsw ec ebuildR and ganisaor wideort .4 Dissemina odeC implemen Chapt utP sec ogpr 2 3 ©Kim ©Kim S. S. Gjerstad Gjerstad ©Conr 4 5 ©Conr ad ad Aveling Aveling 6 7 ©Conr ©Conr ad ad Aveling Aveling 2. Lowland rainforests, the green heart of Africa. 3. Gallery forests, transition to the southern savannah-woodland mosaic. 4. Savannahs on the northern fringe, along the border with Sudan. 5/6. The snow-caped Ruwenzori, in the Albertine rift, eastern Congo. 7. Boundary between park and fields in highly diversified-highly populated eastern Congo. chapter 1 the congolese Forest in 2006 1.A. nAturAL LAndsCApes ­ The highlands. These extend along the soCioeConomiC bACkground Albertine Rift in the east of the country. They cover a substantial portion of Three main landscapes. Forests in the North and South Kivu provinces, as DRC cover approximately 145 million well as parts of Orientale, Maniema and hectares--62 per cent of the national Katanga provinces. This natural region territory. This is the second largest block stretches through an entire ecological of tropical forest in the world. The DRC is gradient from lowland rainforests to located at the heart of Africa's forest massif glaciers and volcanoes. (Map 1) and harbours approximately half of the continent's rainforests. Rainforests The dry forests and savannah­woodland cover approximately 37 per cent of the mosaic. These ecosystems extend on territory, dry forests 19 per cent, swamp both sides of the lowland rainforest: forests 4 per cent, and mountain forests 2 on the northern edge in Equateur per cent. The DRC is a complex patchwork and Orientale provinces, and on the of ecosystems. southern edge in Kasai and Katanga provinces, where the dry forest is also Three main natural regions can be highlighted known as `miombo'. Savannahs are also (Map 2): found in Bandundu and Bas-Congo. The lowland rainforests. These cover The main forest provinces are Equateur, approximately 86 million hectares, with Orientale and Bandundu, with forest cover a large majority in the Central Basin, estimated at 40, 37 and 12 million hectares, and a small portion in Bas-Congo. respectively. Swamp forests in the Central Basin and mangroves on the Atlantic seaboard are Economic and social developments. The included in the figure. Forest galleries DRC is emerging from a decade of instability run from the central massif to the south and armed conflicts. After the upheavals in through the provinces of Kasais and the wake of independence and 30 years of Maniema. mismanagement, the country entered the | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda Rainforests Open woodland and savannahs Map1.ForestdistributioninAfrica.TheDRCislocatedattheheartofAfrica'sforestmassifandishometo half of the continent's rainforests. Source: Adapted from Hansen et al. (2003). 1990s in a state of almost total collapse. The war veterans, and preparations for the first decade was marked by the 1991 and 1993 elections in the country's history. plunderings,followedbytwoarmedconflicts, onein1997andtheotherfrom1998to2002. War and mismanagement have taken a In July 2003, the Inter-Congolese Dialogue heavy toll on the DRC as it experienced led to the establishment of a transitional `development in reverse'. The GDP government, with a sharing of positions per capita dropped from 380 dollars in between factions. The DRC, long divided 1960 to 96 dollars in 2002, or 29 cents a by fighting lines, is gradually reunifying. A day.1 Infrastructures have collapsed and new constitution was adopted in 2005. Such institutions are in a shambles. A large progress is encouraging, but the situation is number of communities were forced into a still fragile. The challenges are tremendous, subsistence existence due to insecurity and such as disarmament, the reintegration of lack of transportation. Informal activities Chapter ­ The Congolese Forest in 006| fringe; thern nor the and south the in annahs sav and ests forydr est;w the and Basinal entrC the in (2004)..al est et ainforre:ar auxyaM omfr egionsral ed daptA natur e:c main ourS. ee thr he derorb T. ern east map the tion along ems egetavC osystec DR2. apM highland and | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda currently account for about 80 per cent of the fight over things they do not perceive to be economy. Agriculture focuses on subsistence, worth much.3 Nonetheless there were large- and households rely heavily on forest-based scale speculative attempts to claim forests products for energy, food, and cash income. during the war with the hope that they would Economic growth recovered in 2002 after be worth more after the conflict ended (see decades of recession. Assuming annual Chapters 2 and 3). growth reaches 5.3 per cent, it would take until 2060 for the GDP per capita to return At the local level, there have been frequent to its level of 1960. If annual growth is only conflicts between logging companies and 4 per cent, the process would take 200 years. communities over the failure to pay village The DRC ranks last in the world in terms of authorities for logging their forest, to the quality of its business environment (IFC compensate families for damage to their 2006). Widespread corruption and misuse of crops, and companies' unwillingness to public resources, both natural and financial, provide employment, social services, roads are widely recognised as major obstacles to or transportation. These conflicts have often the country's development.2 ledcommunitiestoblockloggingcompanies' roads.Fortheirpart,thecompaniescomplain Demographics. The Congolese population of the uncertainty caused by unclear rules is about 60 million, of which an estimated and constantly changing demands from 90 per cent is poor and 70 per cent lives in populations (Yambayamba 2003). rural areas. This is the third most populated country in Sub-Saharan Africa. The average If peace and infrastructure increase the value population density is 24 inhabitants per of forests, greater conflict could ensue, unless square kilometre, but this figure varies the rights to use and benefit from forests considerably throughout the country are better defined and gain legitimacy, and (Map 3). The DRC has the highest rural effectivemechanismsaredevelopedtoresolve population ratio among the forest-rich disputes. Giving out large forest concessions Central African countries. Nevertheless, the to companies that are not currently in a city of Kinshasa has an estimated 6 million position to fully use those concessions inhabitants and is the main city in the is dangerous in that regard. Under such subregion. Cities represent a rapid growth circumstances, both companies and local market for agricultural and forest products. communities are likely to feel that they have Conflicts have caused large-scale population legitimate rights over the forests, and if those displacements: in the 1990s, an estimated forests become more valuable, they will be one million Rwandan refugees flooded across more likely to fight for their rights. the border. Today, about 3.5 million people are reported as internally displaced. Deforestation and forest degradation. Laporte and Justice (2001) estimated that Forestsandconflicts.Thedesiretohave access the annual deforestation rate between 1984 to natural resources is widely acknowledged and 1998 was about 0.4 per cent, which to have been an important factor in recent seems modest compared to other tropical military conflicts. These conflicts mostly countries. However, no reliable estimates involved minerals, although access to land exist for national deforestation rates. This and timber was also involved. In the DRC, national average masks stark differences which has low per-capita income and is among regions. Most of the forests around rich in natural resources, allocating access Kinshasadisappearedlongago.Forestlosshas to those resources and to the benefits they been concentrated in the densely populated generate is a centrepiece of good governance. regions of Bas-Congo and eastern DRC. In many areas, violence, extortion and weak It has been heavier close to roads, rivers, infrastructures annihilated the rents that railways and markets (Massart et al. n.d.; could be obtained from forests. People rarely Mamingi et al. 1996; Laporte and Justice Chapter ­ The Congolese Forest in 006| ern east tional Na the idgeR along Oak Kasai;ot on ongoC- Basede:c Bas ourS. omfr line massif est the for al along entrc the mainly,y derorb ountrc the egionsr oss ee acr thr ead spr heseT.e enly unevis vincopr eurat quE opulationP oft par C. DR thern nor thein the in and turi;I and distribution es tion vincopr opulaP tthe ivuKow 3. in ta (2004).yor apM derorb Labor 6 | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda 2001; Wilkie and Laporte 2001). Slash-and- At present, the forestry department is burn agriculture is the main direct cause of unable to enforce the policies of the new deforestation, although fuelwood collection Forest Code in the field. The danger is that plays a major role in peri-urban areas and in state employees, private operators and local densely populated rural areas. Deforestation authoritiescouldactwithlittleornoreference is likely to increase in most regions as the to national policy or to the concerns of local population grows, or moves. communities. The main factors that seem to have curbed The DRC has produced no professional forest loss and forest fragmentation have foresters in the last 10 years. The country been the country's weak infrastructure and does still have a small group of well-trained political instability. These factors have made forest professionals, but many of them are it less inviting to clear forests for large-scale nearing retirement. agriculture or to exploit them for timber. Some groups did take advantage of the war Civil society. Civil society associations are to engage in illegal logging and hunting active in the DRC. Besides development activities, especially along the eastern NGOs, there are also many churches, border, and the influx of refugees led to professional associations, women's major environmental problems, including in organisations and youth associations. national parks. Overall, however, insecurity and the military conflicts probably The Conseil National des ONG de maintained forest disturbance by farming, Développement du Congo (CNONGD) was and certainly by logging, below the level that created in 1990. It covers all development would have been the case without war. sectors. Coordination and action platforms focusing on forests have also been established. Public institutions. Forest suffers from the Despite difficulties, these civil society same institutional shortcomings as other organisations engage actively in lobbying, sectors. Public administration in the DRC awareness raising and education at local and has historically suffered from corruption national levels, and in forest management, and abuse of authority, and large numbers of monitoring and conservation projects in the public servants were equipped with limited field. These groups include the Réseau des means and training. The war made this Partenaires pour l'Environnement au Congo situation worse. The central government lost (REPEC), the Groupe deTravail Forêts (GTF), much of its territorial presence, including and the Réseau Ressources Naturelles (RRN). in most of the forested regions of the north Many other organisations also operate in the and east. The previously meagre government provinces.Anumberoforganisationsrepresent allocations for environment and forests the indigenous people: the Ligue Nationale des ceased altogether. The average civil servant Pygmées du Congo (LINAPYCO), the Réseau wage is about 37 dollars per month at des Associations Pygmées (RAPY) in North and director level. The Ministry of Environment SouthKivu,theUniondesAssociationsPygmées is subdivided into 19 departments, services de Mbandaka (UAPM), and the Plateforme and institutes, with minimal resources Nationale des Batwa (PFNB). and sometimes overlapping mandates. There are reportedly around 1500 staff at headquarters and 2000­4000 in the 1.b. the informAL seCtor And provinces, but these numbers are not rurAL LiveLihoods known exactly. Field services comprise 11 provincial departments, 40 districts and 144 Forest products feature prominently in the territories. These teams are left largely on lives of Congolese people. Forests are the their own, without equipment, and having primary source of energy, medicine and little contact with Kinshasa. building materials, and are also a major Chapter ­ The Congolese Forest in 006| source of food and income. Without these to log smaller trees. They tend to extract products many Congolese families would larger volumes from smaller areas, and use not be able to survive. a broader range of species. Small producers use larger proportions of each tree, but The demand for forest products is set to grow waste more wood from the portions they considerably as purchasing power increases, use when sawing (Wolfire et al. 1998; the population grows, and transportation Lumbwe 2001; Djiré 2003). Finally, besides becomes easier. Lower transportation costs small-scale logging operations there are and increasing demand make trade more also many small sawmills, lumber markets, profitable, encouraging more people to carpentry and furniture-making enterprises, engage in it. and woodcarvers. There are reportedly 103 lumber markets in Kinshasa, Matadi and Informal, small-scale wood-based Boma (Djiré 2003). companies. Small-scale loggers known as scieurs de long supply the domestic market Small-scale logging is particularly active (Lumbwe 2001). They produce beams and around Kinshasa and in Bas-Congo. High planks for construction or furniture. They levels of informal logging can also be found also export wood and wood-based products in Bandundu, Equateur and the two Kivus to neighbouring countries, particularly (Lumbwe 2001; Djiré 2003; Aveling et al. Angola, Burundi, Rwanda and Zambia 2005)4 and most likely around each major (Lumbwe 2001; Baker et al. 2003; Djiré town throughout the country. 2003). No one knows for sure how many small-scale loggers there are or how much The informal logging sector has grown wood they harvest. Many of these loggers rapidly over the last decade5--the armed belong to associations (Lumbwe 2001; conflict made it harder for large companies Djiré 2003). The Congolese Association of to supply the domestic market with timber, Small-Scale Loggers estimates that there are government capacity to regulate informal around 8000 small-scale loggers. According harvesting declined, and many people who to Djiré (2003), informal timber production lost official salaries sought employment in is around 1.5 to 2.4 million cubic metres informal activities. With the return of peace, per year. If that is so, the informal sector this trend is unlikely to reverse. The depletion produces more timber than the formal of forests around Kinshasa and in the east, sector. and the reopening of the main forest areas in the Central Basin, may increase informal The category of small-scale loggers includes logging in these areas. everything from a few individuals who join together to harvest timber two or three Bushmeat.Evenmoresothantimber,wildlife months a year to permanent enterprises is an important livelihood resource for the with a dozen or more regular employees. rural poor. Wildlife provides a relatively Most small-scale loggers can be classified cheap, high-quality food resource. Hunting as belonging to the informal sector because requires little capital investment and brings they lack licences from central government. in a quick return. In some areas, bushmeat Nonetheless, most pay significant sums in is one of only a few goods that can provide taxes to local authorities, as well as royalties income that outweighs transportation costs. to local chiefs. Extrapolations from local surveys suggest The impact that small-scale loggers have that the Congolese population consumes on forests is different from that of large- between 1.1 and 1.7 million tonnes of scale loggers. They tend to operate in forest bushmeat each year (Wilkie and Carpenter margins and forest fragments, have no heavy 1999; Fa et al. 2003).6 Numbers published equipment, build no roads, and often prefer by Wilkie and Carpenter (1999) seem to 8 9 ©Kim ©Kim S. S. Gjerstad Gjerstad 10 11 ©Conr ©Filip ad Aveling Verbelen 12 ©Conr ad Aveling 8. Life in the forest: Mbuti woman painting herself with white clay. 9. Artisanal logging near Mambasa. 10. Itinerant traders on the Kinsagani-Bunia highway. 11. Edible caterpillars, an important source of proteins, and also of cash income. 12. Local livelihoods on the banks of the Congo river. Chapter ­ The Congolese Forest in 006| indicate that annual bushmeat consumption many urban families as well. Consumers in per square kilometre is about three times Kinshasa purchase bushmeat for two to five higher in the DRC than in neighbouring times the amount that the hunters receive, forested countries.7 Duikers, monkeys with the difference going to the people who and rodents account for most of this transport and market the meat. Ndona consumption, although people also eat wild (2004) estimated that traders' average gross pigs, buffaloes, reptiles and birds, as well as revenue was 205 dollars per month--far large numbers of caterpillars, grasshoppers, more than the average civil servant salary. crickets, termites and palm grubs. A survey Women accounted for the majority of the conducted on five Kinshasa markets found traders surveyed. there were more than 22 species of bushmeat (Ndona 2004). Most Congolese families Besides the biodiversity concern, the get the great majority of their protein from depletion of wildlife is also a major social bushmeat, insects8 and fish. Other sources of problem. In regions where bushmeat has protein tend to be more expensive or difficult been depleted, local people are deprived of to obtain (Wilkie and Carpenter 1999; Fa et an important protein source. In many cases, al. 2003). Given a choice, many families also local people have few alternative sources of prefer bushmeat over other protein sources protein (Wilkie and Carpenter 1999; Fa et (Ndona 2004). Animal husbandry in the al. 2003). forest areas is limited by trypanosomiasis and other diseases. Medicinal plants and forest fruits and vegetables. Medicinal plants are a key About two-thirds of the bushmeat sold in product for the Congolese population, but Kinshasa comes from Equateur, Bandundu there is little overall information on the and Orientale provinces (Ndona 2004). subject. Almost all Congolese populations, Most of this meat is smoked in distant both urban and rural, depend on medicinal locations and then shipped to Kinshasa by plants for their health care. This involves barge (Trefon 1994; Ndona 2004). This hundreds of species, which vary greatly exposes traders to multiple requests for by region (Nyakabwa and Gapusi 1990; bribes and other informal payments along Chifundera 2001; Terashima 2001; the way. During the war, Kinshasa lost Yamagiwa 2003). Scientists have found access to many of the traditional sources of them to have therapeutic value for fighting bushmeat, but this traffic is rapidly coming major health problems (Otshudi et al. back. The remaining third of the bushmeat 2000; Cimanga et al. 2002). An estimated supply sold in Kinshasa comes by road or 85 per cent of households in the provinces boat from neighbouring areas of Bas-Congo of Bandundu and Equateur depend on and around Kinshasa, and is often sold fresh. medicinal plants to cure common ailments Prices vary according to the species, the (Ndoye and Awono 2005). Households that market and the season. have access to formal health care still rely on medicinal plants as well. There is a belief In rural areas, selling bushmeat is a major that forest dwellers, especially the Pygmies, source of cash income. One study in are particularly effective healers. northeast DRC in the mid-1990s found that two-thirds of the households' total cash The Congolese people also use forest plants income came from bushmeat, fish and plants for food and condiments. These products (de Merode et al. 2004). Another study from are essential, but as with medicinal plants, the 1990s showed that collecting caterpillars there is little overall information on the and beekeeping sometimes provided a much subject. As many as 284 food plants are higher annual income per hectare than used in the miombo ecosystems of southern growing crops (Munthali and Mughogho DRC (Malaisse 1997). The most commonly 1992). Bushmeat trade provides income for used plants include the vegetables Gnetum 0 | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda africanum and Thaumatococcus danielii, the hectare annually, and farmers would often fruits Aframomum spp., Cola acuminate rather clear secondary forest than primary and Garcinia kola, and the condiments forest. Most of them lack funds, labour and Piper guineensis and Scorodophloeus zenkeri. incentives to develop vast plantations. There are also large numbers of mushrooms, as well as palm wine made from Elaeis There is insufficient data on key questions guineensis and several species of raphia. In such as: how many households practise Kinshasa, over a thousand women earn their shifting cultivation, the agricultural calendar, living selling Gnetum africanum, receiving the relative importance of clearing primary an average monthly income of 139 dollars, or young secondary forests for different far more than the average civil servant salary production systems, and regional variations. (Toirambe 2002). It is likely that in this system, where forest vegetation reconstitutes soil fertility, declines Fuelwood.Most rural and urban households in forest area may lead to shorter fallows and use fuelwood or charcoal to cook. In fact, consequently lower crop yields (Larson et al. wood energy accounts for 80 per cent of 1996). all domestic energy consumed in the DRC (Wolfire et al. 1998). The Congolese people Indigenous forest peoples. The indigenous use about one cubic metre of fuelwood per forest peoples of the DRC constitute a capita annually (Lumbwe 2001), which as complexmosaicofinterrelatedethnicgroups. an order of magnitude seems to corroborate Definitions and figures are neither precise the FAO (2003) nationwide estimate of nor consistent. No record was found of an about 72 million cubic metres. This means exhaustive census or mapping of indigenous that the overwhelming majority of all the people in the DRC, and most sociological wood harvested in Congo is used locally for and anthropological studies concerning the heating and cooking. indigenous hunter­gatherers have focused on the Ituri forests. Although selling fuelwood and charcoal provides a major source of cash income in According to Bailey (1985), Dyson (1992) urban areas, there are few studies on the and Bahuchet (1999), an estimated 70,000­ issue at national scale. According to Ndoye 100,000 people identify themselves as and Awono (2005), traders of charcoal being indigenous hunter­gatherers or their receive on average a monthly income of 216 descendants. However, other estimates dollars. To give a sense of how important give a much higher number. Reports by fuelwood and charcoal might be in terms Lewis (2000), Jackson (2004) and Lattimer of employment, one should note that in (2004) place the number of indigenous Nairobi approximately 40,000 households people in the DRC at about 250,000. sell charcoal (Kinyanjui 1987) and that in The Ligue Nationale des Pygmées du Congo Zambia charcoal making provided up to (LINAPYCO) suggests that indigenous 41,000 jobs (Hibajene and Ellegard 1994). people number around 450,000­600,000 and that they are present in 47 of the DRC's Forest and agriculture. Congolese farmers 144 territories (preliminary findings of an practise shifting slash-and-burn agriculture. ongoing nationwide census). Current patterns of shifting agriculture in the DRC are not well known--the few Hunter­gatherers, also known as Pygmies, existing studies are rather unrepresentative are generally thought to be the aboriginal of the country as a whole. It is estimated inhabitants of the Congolese forests. that only about 4­6 per cent of the land in According to early views (Schebesta 1938­ the country's rainforest areas is devoted to 1958; Turnbull 1961, 1965, 1983), they agriculture (Laporte et al. 1998; Chezeaux led a self-sustained life based on gathering 2003). Most households grow less than one before farming societies immigrated to the Chapter ­ The Congolese Forest in 006| forests during the first millennium ad. Other or exchange goods and services (Turnbull studies,however,suggestthatthefirstcontact 1965, 1983; Hewlett 1996), and whose between the indigenous peoples and the Bantu and Sudanic languages most of them immigrant farmers took place much earlier, use for communication (Grinker 1994). around 2000­3000 years ago (Bahuchet and The nature of these interactions between Guillaume 1982; Bailey 1985; Hart and neighbours ranges from relative autonomy Hart 1986; Vansina 1990). with occasional contacts to hereditary servitude. Groups usually identified as Pygmies in the DRC are: the Mbuti groups (including The socioeconomic environment of the Basua, Efe and Asua) located in the eastern indigenous forest peoples in the DRC and DRC especially in the Ituri;9 the Twa people hence their lifestyle have been changing locatedinKivualongtheborderwithRwanda over the last decades, in part as a result of and in the Lake Tumba area in Equateur; growing demographic pressure, immigration and the Cwa people in the forest­savannah of agricultural peoples, expansion of mosaic in the Kasai Lakes area. Other groups commercial activities, and fragmentation of are reportedly scattered throughout the forest massifs. A general tendency is toward forest lands of the DRC, including the Aka greater intensity of outside contacts, more people on the northwestern border with the dependence on agriculture, integration into Republic of Congo (Map 4). LINAPYCO modern life and sedentarisation. There is, indicates that indigenous peoples in the however, a large diversity of situations. Many DRC fall into three main groups: the `forest groups, especially among the Mbuti in Ituri groups' living in the forest regions especially and the Twa, Aka and Cwa in Equateur, are in Ituri; the `riparian groups' living around still basically involved in a forest-dependent lakes and rivers especially in Equateur and economy, whereas many of the Cwa groups Kasai; and the `pottery groups' living in in Kasai and Twa groups in Kivu seem to the east of the country in North and South have adopted agriculture to supplement Kivu. their diet, though hunting and gathering remain essential activities. Indigenous peoples identify themselves closely with the forests (Cavalli-Sforza Data from the 1970s and 1980s suggest 1986). They live mostly, but not exclusively, that, at that time, the harvest of game on wild products of the rainforest ecosystem and non-timber forest products, used to (Ichikawa 1991) and make the forest the support local subsistence of low-density centre of their intellectual and spiritual populations, was not eroding the resource life (Harako 1988). They perceive their base. Ichikawa (1986, 1996) estimated that neighbours, and likewise are perceived by a group of 67 people harvested around 7 them, as socially, economically, ideologically tonnes of bushmeat over a year from an area and politically different (Bahuchet 1993). of 150 square kilometres.10 Over the last Most indigenous peoples in the DRC live on two decades, Hart (2000) found that the acombinationofforestproducts,agriculture, Mbuti's use of their environment became bartering and sometimes wage labour less sustainable, and that immigration of (Ichikawa 1991; Grinker 1994). They have a agricultural peoples provided ever greater high level of mobility and their movements non-traditional opportunities for trade and around large forest areas are guided by the put traditional systems in jeopardy, at the seasonal availability of forest products, as same time as they converted forests into well as by the proximity of agriculturalists agricultural fields and settlement. In many or commercial traders that allow them access cases, the indigenous groups' socioeconomic to agricultural foods. Indigenous forest and ecological environment is transforming populations in the DRC relate in complex rapidly, and the sustainability of the resource ways to village people for whom they work base on which they rely may be at risk. | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda a)suA awC on the and feE and; eoplepa a, Ak eurat the Basu quE in (including eaar including C, DR Mbuti he umbaTe the T.)atadelbaliavanodesab(CRDehtnispuorgymgyPfonoitubirtsidcihpargoeG.4paM LtheinandandawRwithderorbthealongivuKinedatcloeoplepawTtheturi;ItheineciallyespCDRerneasttheinedatclooupsgr ak of lands est ensus).c for the ghout ou (ongoingOCY thr eder LINAP attsc and edlytor (1993) eprear Bahuchet oupsgr omfr ed therO daptA ea.ar e:c es akL ourS. Kasai ongoC the of in Republic mosaic the annah with est­sav derorb for ern the in estwth nor eoplep the Chapter ­ The Congolese Forest in 006| From a legal point of view the indigenous the WWF's `Priority Sites', the WCS's `Wild peoplesarecitizensequaltootherCongolese. Places' or CI's `Hotspots' and `Wilderness In most cases, however, they have neither the Areas' the natural ecosystems of the DRC same access to land and resources as other appear at the top of the list in Africa.12 groups, nor the same recognition of rights, nor the same influence, and organisational, The DRC's biodiversity is among the least technical or economic capacities. Few known of all African countries. Large Mbuti, Aka, Twa and Cwa are working forest areas remain unexplored and large as civil servants, and their traditional taxonomic groups barely investigated. Yet leaders are often not recognised by the this biodiversity is already endangered. This government. They are often marginalised in is obvious for some of the larger mammals, local councils and other decision-making but there are also lesser-known species processes. Rough estimates (Schmidt- or those of limited habitat range that are Soltau personal communication) indicate threatened by commercial hunting and that indigenous people's households earn habitat degradation. The IUCN's (1996) Red less than the average rural households and List of Threatened Animals contains a total of have lower living standards. It appears that 325 species found in the DRC. modernisation as it occurs in the DRC context risks marginalising indigenous The DRC's protected area network. forest peoples more than other groups. Officially, 60 protected areas, including seven national parks, cover approximately 18.5 million hectares, i.e. about 8 per 1.C. nAture cent of the country. Map 5 shows DRC's ConservAtion main protected areas, as well as the five landscapes of the Congo Basin Forest The DRC ranks fifth in the world for animal Partnership included in this country. Many and plant diversity. In Africa, it ranks first of the protected areas were created along the for mammal and bird diversity and third for Albertine Rift in the east--biologically the floral diversity after Madagascar and South most diverse part of the country, but also the Africa. It has 409 species of mammal, 1117 most populated, and the area most exposed species of bird, 400 of fish, and over 10,000 to the recent wars. of plants (Sayer et al. 1992; Balmford et al. 2001; Demey and Louette 2001). The DRC Most conservation efforts in the DRC contains five Natural World Heritage Sites, have gone into protecting high-profile, more than the rest of Africa combined. They charismaticspeciessuchaselephant,bonobo, contain rare and spectacular species such gorilla, okapi and rhinoceros. These `flagship as northern white rhino, mountain gorilla, species' gave international importance to the endemic okapi, as well as endemic great vast natural habitats and justified their apes--eastern lowland gorilla and bonobo.11 protection, and in so doing maintained the Endemicity is high among plants and wealth of less visible but equally unique smaller mammals as well: 6 per cent of its species. During the colonial era, national mammals and 10 per cent of its plants have parks were set aside first and foremost for been found only in the DRC (Bibby et al. research and nature conservation. Hunting 1992; Davis et al. 1994; Stattersfield et al. reserves were set aside to assure well-stocked, 1998). The DRC contains 12 of Africa's 30 attractive environments for a small hunting `Centres of Plant Endemism' as identified elite. After independence, emphasis was by IUCN and WWF. It also contains two put on developing ways in which the parks of the `Endemic Bird Areas' identified by could generate revenue through tourism, for BirdLife International (Mittermeier et al. example in the Kahuzi-Biega and Virunga 1997; Demey and Louette 2001). Whether parks via gorilla tourism. Tourism came to a measuring with the WRI's `Frontier Forests', halt in the early 1990s. | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda edtecotpr 60 orldWearev Reser includes orkw aunalF net apikO .y full heT. the as ocietS es ellw ap as tionav landsc amba,arG onserCe and ildlifW the tnershiparP irungaV ande est Natur orF uzi-Biega, la Kah de asinB ationv alonga,S of onserC ongoC la parks ourp the andC national DR heT.yor ongolaisC thein erritt Institut the the of easar entcerp8 omfr ta da edt on ec ely ot Based pr ximato e:c ainM appr ourS.es 5. oc eringv Sit apM easar Heritage Chapter ­ The Congolese Forest in 006| The Institut Congolais pour la Conservation 13 de la Nature (ICCN) has the responsibility ©Conr for managing protected areas of the DRC. It ad has about 1800 staff, the majority of whom Aveling are located in about a dozen key parks and reserves. At site level, the ICCN spearheads multistakeholder local management committees called Comités de Coordination des Sites. At the national level, it steers a multistakeholder consultation group called Coalition pour la Conservation au Congo. Despite its dedicated staff, the ICCN is affected by the DRC's overall institutional collapse, including insufficient salaries, lack of training, and the fact that more experienced staff are nearing retirement. Impact of war. The earliest devastation from the conflict was felt in the Virunga and Kahuzi-Biega parks as a result of the massive influx of Rwandan refugees in 1994. Close to one million people poured over the border into camps in and around Virunga. The Mugunga camp lodged an estimated 50,000 soldiers with arms and ammunition (Biswas and Tortajada 1996). With the beginning of the DRC's own civil wars in Domesticated elephant mounted by a guard of the 1996 and 1998, intensive poaching by a CongoleseInstituteforNatureConservationintheGaramba multiplicity of armed factions continued. national park. These sites were sometimes fought over for access to wildlife, timber, minerals and northern white rhinos are on the brink of land. Prior to the war, the northern part of extinction and two-thirds of the parks are Kahuzi-Biega was home to an estimated devoid of wildlife (Hillman and Smith 250 gorillas and 700 elephants. Only half 2004). of the gorillas and fewer than twenty of the elephants reportedly remain (WCS, Another problem is small-scale artisanal pre-conflict and post-conflict censuses, mining. Gold, coltan (columbite­tantalite) unpublished). and diamonds are extracted from the Okapi reserve, and from the Maiko and Kahuzi- Most if not all of the DRC's protected Biega national parks. Gold sites attract areas are endangered. A large number hundreds of settlers, some of whom are have become `paper parks'. In some areas, fighters yet to be demobilised. These gold poaching has increased since the war ended. mining camps, which rely on bushmeat, Salonga, one of the largest parks in Central slowly evolve into permanent settlements Africa, reportedly has no more than 1000­ and restoring the protected area's integrity 2000 elephants left (Blake 2004). Maiko's becomes more difficult. The same problems elephant population also appears to have apply to fuelwood harvesting and charcoal drastically declined during the civil wars production. Thousands of people are (Nixon et al. 2005). In Garamba, poaching involved in these activities inside the Virunga for ivory and rhino horns by the Sudanese national park, and supply densely populated militia reached an unprecedented scale-- neighbouring cities and rural areas. 6 | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda Wildlife outside parks. Excessive hunting The DRC has approximately 86 million threatens wildlife in the DRC. Hunting and hectares of rainforest, of which an estimated bushmeat trade are widespread throughout 60 million hectares would theoretically be the country. Some species, such as rodents suitable for timber production (MECNEF and small duikers, can withstand some 1977; FAO 2001). This is an area roughly hunting pressure and are often a hunter's equal to that of all the other Central main quarry. But even in such cases, other African countries combined. Overall, the species such as bonobo become victims of DRC's timber assets remain relatively intact opportunistic by-catch. Furthermore, some comparedtothoseofothertropicalcountries. species such as elephant are the victims of While forests in Bas-Congo have been intense trophy hunting. Their populations, heavily harvested, relatively little logging has with low numbers and low resilience, are taken place in the much larger Central Basin. endangered. These forests are rich in wenge and afromosia, two high-value species that tend to grow in The current situation in the DRC is clusters. Map 6 shows the areas that have worrying. The populations of several large been inventoried so far. Forni and Fauvet mammals seem to be dwindling in remote (2004) compiled existing inventory data forest areas where there are no logging roads for the three main forest provinces. Many (Tshikaya and Mapilanga 1999; Hart and inventories focus on a small number of high- Mwinyihali 2001). Demographic growth value species, although these forests include and urban centres have created larger many more lesser-known species with good markets than in other less populated areas wood properties and potential markets.13 It of Central Africa. The recent war made it should be stressed that only a fraction of the easier to access weapons, and caused human timber is physically accessible today, and that population shifts. Although the road decisions on how to use the forest should be network has collapsed, rivers are used to made through a participatory process that transport bushmeat. secures traditional rights and considers all possible options (see Chapter 2). With the end of conflict, several factors are likely to contribute to intensified hunting. Historical overview. Logging started in The recovery of the timber industry is one the 1900s when the Kinshasa­Matadi of them. The correlation between logging railway was established. In 1960, the DRC and poaching is well known in Central was harvesting approximately 575,000 Africa, and can be explained by the opening cubic metres of timber per year (Lumbwe of roads in remote massifs, the influx of 2001) and it was the main timber producer workers, and a lack of alternative sources in Central Africa. Most companies were of protein. Three more factors are: easier located in Mayumbe (Bas-Congo) as they access to urban markets, the increase of were attracted by the abundance of limba purchasing power, and in some areas the and proximity to the ocean. Because of demographic pressure. The danger is that the gradual depletion of Mayumbe's limba such changes could take place much quicker stands, a number of companies moved to than the implementation of monitoring the Central Basin. Between 1973 and 1982, systems and the emergence of food and cash the `zaïrianisation'14 policy led to a decline alternatives. in production, which then gradually picked up again to reach approximately 500,000 1.d. the cubic metres in 1990. At that time, there timber industry were some fifty logging companies in the country, of which the eleven largest The DRC's timber assets are not well known. accounted for nearly 90 per cent of Available data are far from comprehensive production. Most of these companies were and only very rough estimates are possible. foreign-owned. Chapter ­ The Congolese Forest in 006| eaux Chez omfr ed daptAe:c ourS. 1980s and 1970s the in oried entvin asw est for the of tionorp smallA C. DR theinta day ort envin ailablevaof (2004). et auvF apM andniorF 6. apM (2003); 8 | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda Sylvicultural techniques to regenerate limba exportation to neighbouring countries. The stands were developed in Bas-Congo, but overall trend during the war was towards less were not implemented on a large scale. logging rather than massive plundering. By Plantations of limba stands that have now 2002, there were only about a dozen active reached maturity are no longer managed companies and reported timber production and simply left open to informal logging. had fallen to less than 100,000 cubic metres. While some logging most certainly went The effect of the war: was Congo's timber unreported, particularly in rebel-held areas, pillaged? Press articles and experts' reports it is likely that timber production declined in portrayed Congo's forests as having been those areas as well. A number of companies heavily exploited during the war by groups had their equipment stolen or destroyed, associated with neighbouring countries. and the war made it impossible for Kinshasa- These reports cite specific cases where timber based companies to access forests in most of was shipped from the DRC to Uganda, the Central Basin. Rwanda and Burundi (Baker et al. 2003). Many of the reported incidents obviously In fact, one less apparent type of `forest took place. Nevertheless, the evidence plundering', but just as damaging from a suggests that the volume of timber harvested public good perspective, took place during was relatively modest, compared to the level thewarintheformofspeculation.Itconsisted of harvesting that would probably have oftheacquisitionoftimberconcessions,often taken place if the country had remained at largerthan200,000hectaresandfor25years, peace, or to the level of harvesting that is through discretionary procedures, at low developing today in the DRC, or that which price, and without prior local consultation. took place in other Central Africa countries Most forests were physically inaccessible at the same time. It is likely that timber when these contracts were allocated, but the was less important for financing military companies and individuals receiving them operations than were other natural resources, could speculate that these forests would such as minerals. The great weight of timber gain value in the future. In 2002, while and the poor state of the roads most likely production itself was at a standstill, 43.5 limited the extent of illegal extraction and millionhectareswereundersuchconcessions, 14 ©Kim S. Gjerstad The timber industry remained modest compared to other tropical countries. Security and infrastructure are now driving a gradual restarting of this industry. Chapter ­ The Congolese Forest in 006 | and requests for new ones continued to pour At one time, the DRC was the main wood into the Ministry of Environment. One processor in Central Africa with a capacity particular case that received a great deal of of approximately 500,000 cubic metres attention in the media was that of an offer per year. Most processing plants are now to compensate Zimbabwe for its military closed or barely operational. Most of the assistance by providing it with concessions equipment dates back to the 1970s and is allegedly covering 34 million hectares in obsolete. However, some plants are being the provinces of Katanga, the two Kasais, rehabilitated. Unlike other countries in Bandundu and Bas-Congo. A joint venture Central Africa, the DRC has a significant called the Société Congolaise d'Exploitation du local market that currently absorbs around Bois (SOCEBO) was supposed to manage 70 per cent of its sawn products. those concessions (Anonymous 2001; Global Witness 2002; Baker et al. 2003). It Transportation. The DRC's geography remains unclear whether any such contract and the poor state of its infrastructure are was actually ever signed. If it was, however, significant barriers to the export of timber, it did not become fully operational, and no even though the wide waterway system mention of this company can be found in somewhat alleviates this problem. Moving the official lists of concessions published in one cubic metre of timber from Kisangani 2003 and 2005. to Matadi costs 120­150 dollars and takes four weeks with a high risk that some of the The sector today. On paper there are timber be lost on the way. Map 7 shows a some sixty logging companies in the DRC. model of transportation costs in relation to However, the Fédération des Industriels du the distance to the port. Bois believes that there are only about a dozen companies in operation. These groups The first challenge is moving timber from hold approximately half of the existing the forest to the river bank. In most cases, concessions--that is, approximately 10 companies have to restore or open up new million hectares--and they produce the roads. This restricts access to forests away quasi totality of the reported timber. from the riverside. The second challenge is the river transport to Kinshasa. It is The reported production was approximately approximately 2000 kilometres from 300,000 cubic metres in 2005. Logging is Kisangani to Kinshasa, and the price of selective and focuses on a dozen high-value fuel has tripled over the past four years. species15 making up approximately 90 per The availability of barges is inadequate and, cent of the production. The two main species once on the river, the convoys are often are wenge and tola. It is difficult to determine extorted by armed groups. The timber must precisely how much on average is harvested then be unloaded in Kinshasa because of the per hectare.16 Companies claim the volume cataracts that make it impossible to reach harvested is around 3 cubic metres, but the the ocean. This entails handling charges at forest administration believes that figure is change-over points between barges, trucks closer to 9­10 cubic metres. Whatever the and rail freight cars. The 350 kilometres case, the management model is extensive, that separate Kinshasa from Matadi can consisting of `creaming off' the best species be completed by train or road, but railway in the best patches.17 As infrastructure and traffic is limited and most companies use security improve, one can predict that it the road. will become more profitable to exploit less valuable species and to go further away The main obstacle is at the end of the from the rivers. But in the medium term, journey--the port of Matadi. The port the majority of logging in the DRC is likely suffers from inadequate handling capacity, to remain selective, with average harvests of lack of maintenance, and recurring silting around 5 cubic metres per hectare. problems. It cannot handle more than 0 | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda Matadiot might es outr exit isanganiK omfr othere er futur timb the ofe in metr that ws cubic sho one also ving map MoC. hisT. DR esscopr theiner the in losteb timbof might er (2003). ostc timb the tionta of some dlenbruchEr or that and ansptr risk odaR the e:c and , with ourS tion eeksw south. duco four and es pr tak east th, edt and nor the stimaE7. dollars dsarwot 120­150 up apM ostsc en op Chapter ­ The Congolese Forest in 006| 500,000 tonnes of timber per year.18 It acts the gradual nature of these changes, it seems as a physical bottleneck on how much timber unlikely that the formal timber production can be exported from the DRC.19 will exceed 1­2 million cubic metres in the next five to ten years, although this will The situation is somewhat different for Bas- depend on a series of parameters that are Congo, Bandundu and in the east, where difficult to predict especially in the current operators can use roads from the forest all the DRC context. Taking account of local way to the port or to urban markets. Moving processing and domestic consumption, this timber by road to Cameroon or Uganda, or would correspond to 1­1.5 million cubic by train to South Africa, will likely become metres of exports (logs and sawn products), more frequent in the future.20 with the same caveat. But the sector's regulating mechanisms (land-use planning, The international market. The global management plans, controls and penalties) market is pushing the DRC's timber industry are not yet operational. Today, no matter to start up again.21 China's growing demand how many concessions are legally open, the is one element: China's deficit in commercial forest department is unable to control the timber is estimated at 40 million cubic metres actual level of harvesting and to prevent any per year, and since 2002 it has been buying rise of (illegal) logging should other factors sawn timber of species such as sapelli, which make it attractive. is abundant in the DRC. This trend is likely to continue and to extend to lesser-known species. In addition, India has shown signs 1.e. tentAtive eConomiC of becoming a major timber buyer over the Assessment past four years. Lastly, some Asian countries that used to export timber are now becoming This section attempts to assess orders of net importers, such as The Philippines and magnitude of the economic value of forest Thailand. Malaysia and Indonesia might goods and services in the DRC. It estimates eventually follow in their footsteps. Part current annual total (gross) flows.23 It looks of the demand for tropical timber can be only at present flows, and does not include covered by Brazil, but it is unlikely that Brazil any projection into the future. It is not a can meet Asia's increasing demand as its own total economic valuation sensu stricto.24 domestic market absorbs about 80 per cent of its production. Furthermore, for several Disclaimer and method. All figures years now countries in the Maghreb and mentioned in this section are to be taken the Middle East have been emergent buyers as tentative approximations of orders of of African timber. Finally, the DRC's own magnitude. In this war-torn country, domestic market is likely to grow, especially databases are piecemeal and uncertain. for lower-value timber. There are few quantitative studies on the economic value of forests. They rarely cover The future. The timber industry is restarting representative samples at the national level, gradually.22 The present level of harvesting and extrapolations therefore cannot be seems modest compared to other tropical robust.25 Uncertainty ranges are obviously countrieswithsimilarresources.International high, yet difficult to assess in statistical and domestic markets draw logging terms.26 Methodologies used in various upwards, whereas infrastructure barriers studies may not be comparable. Some keep it down. However, these obstacles will estimates are based on assumptions and reduce gradually, and local processing makes simplifications that are open to debate and it possible for companies to increase their could be inaccurate. All figures mentioned production without increasing transport in this section must therefore be treated costs.Ifsecuritykeepsimproving,theupward with the greatest care.27 This initial effort trend seems irreversible. Nevertheless, given will need to be further improved and | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda updated as better data become available. that basis, the value of industrial timber Additional studies are needed to that end. produced in the DRC today is tentatively Any reference to this section will need to estimated at an order of magnitude carry this disclaimer. of about 40 million dollars per year in terms of gross added value, and about From the economic analysis perspective, 60 million dollars in terms of market forest products (timber and non-timber) value. and services are measured in terms of flow and expressed as net profit, added value, or Informal timber. Djiré (2003) estimates market value.28 Measurement techniques that small-scale loggers harvest about consist of estimating costs and prices from 1.5­2.4 million cubic metres a year. surveys and statistical reports, estimating Once processed, this represents some replacementoravoidancecosts,orcalculating 500,000 cubic metres of sawn wood. the cost of a productivity shift resulting Available data on production costs from the reduction of a given good or service and local market prices were cross- (Pearce 2001). In the context of this study, referenced.31 On that basis, the value of given the paucity of data, the most suitable informal timber used in the DRC today indicators seem to be: the gross added value is tentatively estimated at an order of for formal and informal timber, the market magnitude of about 50 million dollars in value for other traded forest products, and terms of gross added value, and about 100 an approximation of the replacement value million dollars in terms of market value.32 or the willingness to pay for non-traded goods and services.29 Fuelwood. The annual fuelwood consumption is estimated at about 72 Forest goods and services fall into two major million cubic metres (Lumbwe 2001; groups. First, use values include timber and FAO 2003). The average market price non-timber products whether they are traded is estimated about 30 dollars per cubic or not. They also include environmental metre, in faggots or equivalent charcoal.33 services such as soil protection and carbon Under that assumption, the market value sequestration, as well as recreational of fuelwood production in the DRC functions.Thesecondgroupincludesoption, today is tentatively estimated at an order existence and bequest values. These refer of magnitude of over 1 billion dollars a to people's willingness to preserve a forest year.34 although they don't derive any immediate or personal material benefit from it. In such Bushmeat. Bushmeat consumption in cases, the benefit corresponds to keeping the DRC is estimated at between 1.1 options open for subsequent uses, for use and 1.7 million tonnes per year (Wilkie by future generations, or simply for cultural and Carpenter 1999; Fa et al. 2003). and spiritual wellbeing. The average market price is estimated about 2.5 dollars per kilogram.35 Under Tentative assessment of the economic that assumption, the economic value value of annual flows at national level (see of bushmeat extracted from the DRC Table 2): today is tentatively estimated at an order of magnitude of over 1 billion dollars a Formal timber. In 2005, the formal sector year. reportedlyproducedabout300,000cubic metres of timber, of which about one- Other forest foods. A wide variety of non- third was processed in local plants with a meat forest foods is used in the DRC, ratio of nearly 30 per cent. Karsenty et al. but it has only rarely been subject to (2003) cross-referenced available data on quantitative study. FAO (2004) estimates timber prices and production costs.30 On the annual consumption of caterpillars Chapter ­ The Congolese Forest in 006 | Table2. Estimatedordersofmagnitudeoftheeconomicvalueofannualflowsof forestgoodsandservices. The economic value is approximated by the market value for traded goods and services, by the replacement cost for other goods and services, and by the willingness to pay for existence values. Source: Adapted from Bravi (2005). Due to the piecemeal nature of databases for the DRC, these orders of magnitude are highly approximate. Any reference to this table will need to carry the methodological disclaimer given in the text. Good/Service Estimatedorderofmagnitudeoftheeconomicvalueofcurrent annualflowsforselectedforestproductsandservices,inUS dollars(marketvalue,replacementvalue,orwillingnesstopay) Formal timber Approximately 60 million Informal timber Approximately 100 million Fuelwood Tentatively estimated over 1 billion Bushmeat Tentatively estimated over 1 billion Other foods No figures available Medicines No figures available Materials, implements No figures available Watershed protection Tentatively estimated 0.1­1 billion Ecotourism Marginal Carbon Zero Option, existence values Approximately 18 million Cultural, political dimensions No figures available at about 13,440 tonnes per year, which or a replacement cost.38 In the absence represents a market value of about 8 of country-specific data, international milliondollars.36However,similarstudies standardvaluesarereferredto(Ruitenbeek and nationwide extrapolations could not 1989; Lampietti and Dixon 1995).39 be found for other foods, and it was not On that basis, the economic value of possible within the context of this study watershed protection in the DRC today to estimate their value. is tentatively estimated at an order of magnitude of about 0.1­1 billion dollars Medicines. Reliable national-scale per year. quantitative data are lacking. It was not possible within the context of this study Ecotourism. The ecotourism sector used to estimate a value of forest medicines to be buoyant, especially with gorilla used annually in the DRC today. Neither, tourism in the eastern highlands, but it at present, can the value of genetic was wiped out by the war. Its economic diversity for developing pharmaceutical significance in the DRC is now close to or cosmetic products be quantified.37 zero; however, it seems to be picking up slowly. Looking forward, the DRC's Materials and implements. Materials and culturalandnaturaldiversityappearstobe implements include sticks, poles and a major asset despite weak transportation raphia used for house building, as well and accommodation systems.40 as a host of implements and ornaments (including trophies). Basic data to assess Carbon. To date, natural forests are not the value of these products are lacking. takenintoaccountbymarketmechanisms that reward carbon sequestration to Watershed protection. Watershed mitigate global climate change, and the protection includes benefits related to DRC has no forest plantation recognised the preservation of soils, water regime as a carbon sink.41 Thus, the carbon and water quality. These benefits are not sequestration service does not bring any traded today in the DRC. Theoretically, economic return to the DRC. Looking one can try to estimate an avoidance forward, the Clean Development | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda Mechanism seems to be moving towards livelihoods and income. Goods and services integrating the concept of `avoided that benefit the most destitute people must deforestation' in the carbon market, be addressed as a matter of priority; so must which would eventually make natural goods and services that cater to collective forests eligible for carbon credits.42 rather than individual interests.45 It is vital to maintain these social and collective Option, existence and bequest values. forest values or to ensure that substitutes or Option, existence and bequest values are alternatives, if any, be made available. measured by people's willingness to pay for protecting forests from which they Sustainability. The current level of harvesting do not derive an immediate or personal for several forest products is probably not use. In the absence of specific data, sustainable. Wildlife surveys seem to confirm the existence value can be tentatively thatthecurrentscaleandintensityofhunting estimated by the flow of international aid outpace renewal for many species, at least in for nature conservation which, at present, some areas. This is probably also true for is approximately 18 million dollars per fuelwood in many areas. In the future, it year.43 will be important to quantify and mitigate such imbalances--they carry the seeds of Cultural and political dimensions. Culture environmental as well as socioeconomic and politics are major components of problems. the value of forests. However, given the absence of quantitative studies on this Environmental services. There seems to be matter in the DRC, it was not possible to a gap between the stated importance of take them into account for this exercise. environmental services on the international stage and the resulting financial flows to Conclusions. Despite the inaccuracy of the DRC--the DRC does not seem to be the available data, some basic findings do fully rewarded for these services. If this is seem to emerge. At present and under the so, the incentive for protecting them versus assumptions discussed, fuelwood, bushmeat, competing forest uses is limited. The same other forest foods, and medicines seem to applies to existence values. rank top in terms of annual economic value. Timber follows far behind. Even if timber Coexistence of multiple uses. Given the production were to increase in the future, it importance of non-timber products and is likely to remain modest compared to other environmental services for the poor and forest goods and services.44 for the international community, it is crucial that any additional forest use, This tentative economic assessment leads to such as logging, does not jeopardise the additional considerations in terms of equity, sustainability of these pre-existing values. sustainability, environmental services and In practice, participatory land-use mapping the coexistence of multiple uses. should help to organise the geographical mosaic of multiple forest uses, to consider Equity. The value of forest goods and how some can coexist or overlap, and to services needs to be considered in terms mitigate the risks of incompatibility46 (see of their significance for forest-dependent Chapter 2). The timber industry must be people. Fuelwood, bushmeat and other non- regulated so that it doesn't alter other forest timber products often represent a significant functions and so that timber-based benefits and irreplaceable share of poor households' are shared equitably (see Chapter 3). chapter 2 the goVernment's oVerall Vision 2.A. the forest Code Innovations. The Forest Code brings the following innovations. Until2002,forestmanagementwasgoverned by a colonial decree of April 1949. As this Apportionment of forests according to their decree became obsolete it was replaced in priority uses. Articles 10­23 establish practice by a technical paper called `The three broad categories of forest lands Logger's Guide'. This guide had no clear corresponding to three broad categories legal status. It focused on the timber industry of forest uses: `gazetted forests', which are and failed to provide an overall view of the primarily devoted to nature conservation; development and preservation of forests. `permanent production forests'; and `protected forests', which are primarily Law 11/2002 of 29 August 2002, also known devoted to local development, conversion as the Forest Code, embodies a new forest and other uses. These are priority uses, policy developed in the 1990s.47 The Forest not exclusive ones. Code embodies the DRC's first effort to develop its own vision for managing forests Public consultations prior to land-use while taking into account current trends in decisions. Article 15 provides for prior Central Africa and at the international level. consultations with local people before It aims to `foster rational and sustainable any forest is designated for conservation management of forest resources to increase or for production: `Gazetting takes place their contribution to the economic, social and by Ministerial Order after due notification cultural development of today's generations, from the provincial forest advisory council while preserving forest ecosystems and forest based on prior consultations with local biodiversity for future generations' (Article populations'. Article 84 states: `Forest 2). The Forest Code was published in the concession contracts shall be preceded by DRC's Official Journal in November 2003. a public inquiry ... The inquiry aims to The government is also reviewing the Law establish any rights that third parties might on Nature Conservation, which dates back have on the forest to be granted for the to 1969. purposes of compensation, if any'. 6 | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda Table3.Categoriesofforestsaccordingtothe2002ForestCode.The Forest Code provides for three main categories of forests corresponding to three broad categories of forest uses: local development, nature conservation, and sustainable production of timber and/or other goods and services. These are priority uses, but not exclusive ones. Legalterminology Forestscategories Gazettedforests Protectedforests Permanentproduction Priority use Biodiversity Social and economic Sustainable production conservation development of timber or other forest goods/services Portion of national Objective: 15% Unspecified Unspecified territory (category by default) Management Research, tourism, Traditional Forest concession method conservation activities (under forest users'rights) contract for timber or other goods/services Main management Forest management Unspecified Forest management plan tool plan Management State Unspecified Private operator holder of responsibility a concession contract Customary user Limited Unlimited Maintained rights (except agriculture) Long-term Sustainability of natural Conversion to non-forest Sustainability of natural prospects forest land uses is possible forest Maintaining traditional user rights. The Community-based management. The Code Forest Code maintains traditional user sets the rights of local communities48 rights of local communities, including to manage forests they own according indigenous people, inside all production to custom in the form of community forests. Article 44 states: `Populations concessions, or community forests: `Upon neighbouring a forest concession shall request, a local community may obtain as a continue to exercise their traditional user concession part or all of the protected forests rights on said concession to the extent of among the forests properly owned according what is compatible with timber harvesting, to custom' (Article 22). with the exclusion of agriculture. The concession holder shall not claim any sort of Transparency in allocation of logging compensation following the exercise of such rights. The Code shifts from an arbitrary rights'. allocation system to a fairer and more transparent one based on auction (Articles Sustainable management and conservation 83, 85 and 86). of ecosystems. The Code calls for the implementation of forest management Sharing timber-based benefits. The Forest plans in all production forests, including Code aims for forest rent to be shared the protection of biodiversity (Articles more equitably among companies, the 71, 99 and 100). Article 100 stipulates State and local communities. Article that `loggers must comply with the legal 122 provides for the transfer of 40 per provisions pertaining to nature protection, cent of the annual area fee to provinces hunting and fishing'. Article 14 sets a and territories, and it stipulates that target for area under protected status: these funds must be used exclusively for `Gazetted forests must account for at least basic community infrastructure. Article 15 per cent of the national territory's total 89 makes social responsibility contracts area'. (cahiers des charges) mandatory. Chapter ­ The Government's Overall Vision| involvement of all stakeholders in The Interpretations to be clarified. Several management decisions. This is due to provisions in the Forest Code should be occur through the national and provincial clarified--failingtodosowouldbeleaving forest advisory councils (Articles 29, 30 the door open to abusive enforcements. and 31), and through consultation with Included here are the Articles pertaining all stakeholders (Articles 5, 6, 24 and to temporary crops in gazetted forests 74). Article 24 states that the Ministry (Article 16), the annual publication of of Environment shall involve the private the list of NGOs (Article 32), and the sector and NGOs. reforestation tax (Article 121). Alternative forest uses. The Forest Code Ambiguous terminology. Some terms in calls for developing non-extractive forest the Code are open to misinterpretation uses and for rewarding environmental and will need to be clarified. The term services. Articles 87, 96 and 119 refer `protected forest' refers to forests primarily to conservation concessions, biological devoted to local development and to prospecting, tourism and environmental forests pending classification. It does not services. refer to areas usually known as protected areas. Shortcomings.Despiteitsinnovativenature, the Forest Code has shortcomings that Implementation decrees. The Forest Code, will require great caution when preparing adopted by the parliament, sets general regulations and when implementing it in principles. It refers to about thirty arrêtés the field. and décrets (two types of decree), which are to be adopted by the government. This Remnants of the former system. Some system allows for flexible adjustments to provisions of the Code go against social and economic developments, so its overall thrust and can be seen as that the forest policy is not cast in stone. remnants of the old management system. However, without the decrees, the Code The trickiest point probably involves cannot be truly implemented as it is too the persistence, under exceptional general. The decrees should establish simple, conditions, of sole sourcing as a method clear and realistic regulations, taking into for allocating a concession (Articles 83 account the weakness of the institutions and 86). If this arrangement fails to involved. Regulations that are too complex remain truly exceptional, it will quickly or that cannot be enforced uniformly open turn into privileges, distort the sector's the door to fraud, corruption and arbitrary playing field, and harm the interests of behaviour. New systems must be simple rural communities. In fact, discretionary and transparent. The decrees should also allocation of forest should simply be supplement or rectify the aforementioned abandoned.49 shortcomings of the Code. How quickly the decreescanbepreparedisatrade-offbetween Key issues left open. The Code does not quality and urgency. Above all, they must create a specific operational framework be based on consultations and appropriate for artisanal loggers and small-scale studies, and this takes time. Pragmatically, companies. Some of the open questions it seems reasonable to focus first on the are whether these small-scale loggers most urgent decrees, those needed to avoid can obtain permits in the rural domain, irreversible damage, and then to continue whether they have to fit into the mould by order of priority while ensuring quality of management plans that applies to preparatory works. permanent production forests, or whether they can make do with community The Ministry of Environment is preparing the concessions. decrees with inputs from a multistakeholder 8 | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda consultative group. This work focuses on living, and future generations, and cannot a first batch of a dozen texts dealing with: usually be sold to foreigners. In some cases, the national and provincial consultative rights can be granted against payment of forest councils; the procedures for gazetting a tribute. The former legal framework left and for prior consultations; the standard little recourse to local populations when concessioncontractandcahierdescharges;the the administration decided to allocate procedures for auctioning concessions; and lands as timber or mining concessions or the guidelines for sustainable management to classify them as protected areas. The plans. Some of these decrees were adopted 1949 forest regime included no provisions before 2003 and need to be reviewed; for consultation prior to the allocation others are needed urgently to carry through of a logging right. The 2002 Forest Code the ongoing process of cleaning up old represents a breakthrough in that it concessions. Two decrees--on fiscal reforms stipulates that, before allocating new rights and on the legal review of old concessions-- on forest land, the government must first were enacted to that end in 2004 and 2005. examine any pre-existing rights. Where Several important decrees, including the legitimate claims exist, the government one on community forests, cannot easily be must modify the outline of the future prepared in the short term as they require concession and compensate those who innovation, studies and other preparatory would lose access to a resource. The new work. Code establishes consultation mechanisms before any forest is classified. It stipulates Forest regime and land tenure. During the that local communities can manage the colonial era, the government acknowledged forest they own under customary rights and the rights of local populations on the lands that traditional user rights are maintained they `occupied, cultivated and exploited one in any case. One shortcoming of the Code way or another according to local custom'. is the lack of specific reference to the user But in 1967, the so-called Bakajika law rights of indigenous people. Although these gave the government `full ownership over its groups enjoy the same consultation and domain and full sovereignty to grant rights on participation mechanisms as all Congolese land, forests and mines throughout the entire citizens, implementation decrees should territory'. This law cancelled individual nevertheless include specific provisions and community land property. The land to take account of their cultural and law of 1973 then somewhat relaxed the socioeconomic specificities. rule by establishing several categories of land concessions as alternatives to private The 2002 Forest Code does not modify property.50Thislawstipulatesthatcustomary the land tenure regime of 1973. It deals rights shall govern the use of `unallocated with forest products and services, but it land in rural areas' (Kwokwo 2000; Vundu does not transfer any rights concerning the and Kalambay personal communication). land itself.51 Forest concessions and land Nevertheless, key implementation decrees concessions are distinct from one another. A were not adopted and, as of today, the legal forest concession deals exclusively with the land tenure regime remains incomplete. It is forest, not the land. It is a rental contract characterised by the coexistence of written with no transfer of ownership. and customary laws. Possible inconsistencies between the two have not been formally reconciled. 2.b. risks And opportunities in the post ConfLiCt Context - Customary law differs across regions. Customary chiefs are generally compelled The restarting of the timber sector is driven to follow these unwritten rules. The land by economic recovery and the return to collectively belongs to the deceased, the peace. As these factors do not depend on Chapter ­ The Government's Overall Vision| sector policy, this restarting seems to be even a net impoverishment, if the natural largely inevitable. Collective benefits from resource base is altered without equivalent this industry will not come automatically: social and economic compensation, or if the challenge is to ensure they are not timber is harvested faster than the forest captured by individual interests. regenerates. By the same token, the global community would lose out if logging in Many forest activities other than logging the DRC led to the destruction of natural contribute to the wellbeing of the Congolese habitats and environmental services. Hence, people, and have a greater social and the restarting of the timber sector must be economic impact than timber. The value of regulated immediately. these activities must be acknowledged by decision makers. However, these forest uses A unique juncture. The DRC's situation have always existed and the post-conflict is unique on several counts. First is the dynamics are not likely to change them discrepancybetweenpeople'spovertyandthe dramatically. The main change that affects abundance of natural resources. The DRC the forest in the short term is the restarting is one of the countries in the world where of the timber industry, including small this paradox is the most obvious. In the and medium-sized companies. This is a past, natural resources industries (including relatively rapid change but benefits for the timber) yielded only marginal benefits to community will not come automatically. the public. Today, the potential for progress The DRC may suffer foregone earnings, or is high, and the risks are commensurate. 15 ©Filip Verbelen Twa people staring at a logging truck in Equateur. Local livelihoods do not improve much, and the resource-base gets depleted. Will forest and forest people remain on the losing side of peace and roads? 0 | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda The poor quality of governance in the be determined by markets and individual country creates the immediate risk that decisions, instead of by public policies. Such forest benefits could be captured by vested a scenario would lead to environmental and interests, and that reforms remain on paper. socioeconomic losses. One of the main challenges is to ensure that post-conflict recovery genuinely contributes Potential benefits from the timber sector.52 to the population. This will require careful The benefits from the timber sector recovery policies and enforcement. should be both sustainable (they should not deplete the natural resource base they rely Second is the speed of post-conflict on) and complementary (they should add developments. The DRC is currently to, and not supersede, the functions already experiencing economic, social and political fulfilled by the forests for the local people changesthatarerapidcomparedtothetorpor and the global environment). Some potential of the previous decades. The bottlenecks that benefits are listed below. kept the forest isolated from most industrial activities are diminishing. The present Employment. The timber industry, including opportunity is to regulate and harness the small and medium-sized companies, could sector early on in order to secure benefits become a significant job provider. In the for the people and prevent risks, instead of 1990s, the formal timber industry reportedly repairing damage later as is often the case employed some 20,000 people in the DRC with natural resources. (Kankolongo 1996). In 2002, the figure was estimated at about 6000 people, with total The government's challenge is to consolidate wages of about 6.5 million dollars (Karsenty peace, and to promote economic growth et al. 2003). Within the next five to ten years, and social wellbeing, without depleting and as long as local processing increases, it natural resources. With regard to timber, seems the formal industry could account for the goal is neither to speed up the restarting about 10,000­15,000 direct and indirect of this industry nor to achieve any jobs.53 production or revenue target. The timber industry is restarting anyway. The goal is As for the informal sector, estimates suggest to ensure that this industry is governed it provides between 9000 and 15,000 by the sector policies and not solely by permanent jobs.54 Thousands of people the markets, and that it creates collective work in small and medium-sized carpentry benefits commensurate with the value of the companies. This number is likely to increase natural resources being used. For example, due to the opening-up of new areas and to the priority agenda led by the government improving living standards. It is possible since 2002 has actually slowed down that the number of jobs in these small and the restarting of the timber sector rather medium-sized companies will continue to than sped it up, while at the same time exceed that of the formal industry. encouraging more environmentally, fiscally and socially responsible behaviour. There is Spill-over effect on the economy. The timber no point in increasing production if it fails industry could become a significant element to directly benefit the country. Conversely, of the nation's industrial fabric, and an modest levels of production may provide important user of services and transport. The significant benefits if adequate policies are timber sector is a geographically scattered enforced. activity, and it has the potential to impact several provinces throughout the northern The sector's regulatory mechanisms need half of the country. to be made operational quickly. Otherwise, as transportation and security bottlenecks RevenuestotheStateandtolocalentities.Forest gradually dissolve, logging in the DRC will revenues reached 1.8 million dollars in 2002. Chapter ­ The Government's Overall Vision| Assuming that security keeps improving and in Central Africa shows that the opening up fiscal reforms are properly implemented, of logging roads systematically exacerbates revenues could reach an estimated 10 poaching and increases the bushmeat trade. million dollars in 2007 (Karsenty et al. Fragmentation of forests is also likely to 2003). Within five to ten years, assuming speed up migratory flows, the expansion of an annual production of 1­2 million cubic slash-and-burn farming, and deforestation. metres and an overall taxation level of about 20 dollars per cubic metre, forest revenues Missing the collective benefits. If left to would range between 20 and 40 million existing forces, the restarting of the timber dollars per year. This is only an estimated industry is likely to generate minimal or order of magnitude to be considered with unsustainable benefits for the country, and the greatest of care. However, it shows that there is the risk that most of the benefits forests can generate revenue on a sustainable may be lost or misappropriated away from basis that can then be used by the country to the people. Without an appropriate and rehabilitate social services. It also highlights well-implemented sector policy, benefits the risk of foregone revenues for the country risk ending up in the hands of only a few and for local entities if this sector is not well people. Some ingredients of such economic regulated. failure were in place in the DRC in 2002-- there was widespread arbitrary allocation If the revenue-sharing system established of logging rights at no cost and with no by Article 122 of the Forest Code works transparency, and the burdensome tax system properly, then the forest could eventually was conducive to fraud. become a significant source of revenue for provinces such as Bandundu, Equateur and Depletion of the natural resource base. Orientale, and their territories. Each of these Another danger is the depletion of precious provinces could receive approximately half a and easily marketable species following million dollars per year, to be shared with intensive harvesting of these particular the territories.55 species. In fact, this `creaming-off' model, also known as `high-grading', is the one that Direct support for rural development. Logging prevails in the DRC at present. The DRC's companies are in a position to contribute to forest asset would be relentlessly depleted if rural development in remote and destitute excessively large areas were left open to such areas, secluded from public investments.56 rapid creaming off. Yet this scenario is not This includes opening up or maintaining inevitable. To some extent, valuable species roads that allow farmers to reach markets. may regenerate, provided the total off-take is If the social responsibility system (cahiers spread among a larger number of species and des charges) set up by the Forest Code if forest management plans and regulations works properly, then in-kind contributions are enforced. would also include social infrastructure, like classrooms, healthcare centres and Forests as a source of social tension and conflict. transportation services. Another negative scenario would be that forests become the subject of major conflicts. Scenarios to avoid. At least four scenarios Forests probably contributed little to the should be avoided. conflicts of the 1990s, but in the future they could become more valuable and fuel local Environmentaldegradation.Giventherelative conflicts. Instruments such as participatory scarcity of commercial species in the Congo land-use planning, the sharing of revenues, Basin forests, it is unlikely that logging disclosure of information, and community would directly cause massive deforestation. forestry may to some extent reduce the risk On the other hand, the destruction of of conflicts around forests and strengthen wildlife is a real threat. Experience elsewhere social peace. | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda box 2. comparison with other countries Each country is unique and caution is advised when trying to replicate approaches from one country to another. The DRC's situation is exceptional and it will have to find its own models. Nevertheless, there are experiences and trends that the DRC can draw upon. Otherpost-conflictcountries. Post-conflict situations are almost always disastrous for forests. In most cases--including Cambodia, Myanmar, Lao PDR, Mozambique, Nicaragua and Guatemala--forest destruction has increased during the post-conflict period. First, such countries run a high risk of falling back into war: half of the countries that have just emerged from a civil war end up at war again within five years (Collier et al. 2003).Very often the factors that contributed to war in the first place still exist. Some have been aggravated by the wars themselves, which annihilate growth and generate new cohorts of unemployed youth. Belligerents find it difficult to reintegrate into civilian life.They may be attracted by new opportunities to take up arms and regain their former status. Second, in post-conflict situations, governments and international agencies have such pressing concerns including humanitarian crises that they find it difficult to focus on long-term issues such as forest management or nature conservation. Governments seek to reactivate the economy to keep their countries from falling back into war. In forest-rich countries, logging often appears as one way to revitalise the economy. Logging can be a source of growth, but it also entails social, environmental and economic risks, and expected benefits will not materialise automatically. Third, logging often expands much more rapidly than the public sector's enforcement capacity. This was the case in Cambodia, and is likely to be the case in Liberia and the DRC unless their governments ensure basic enforcement in the field. Fourth, forests are vast and sparsely populated areas. They are sometimes perceived as possible relocation areas for demobilised soldiers and displaced people. That was the case in Colombia, Guatemala and Nicaragua (FAO 2004), and could also be the case in the DRC, especially in the east. Otherforest-richtropicalcountries. Other forest-rich tropical countries include Brazil, Indonesia, Malaysia and Papua New Guinea.They differ from the DRC in various ways. Compared to those countries, the average deforestation rate in the DRC appears relatively low. Political instability and weak infrastructures have driven away investors that might have developed operations that degrade forests. There is little tradition and incentive in the DRC for growing large pastures as in Latin America, or large-scale agribusiness as in Southeast Asia, and Congolese forests have a lower density of commercial timber than those in Southeast Asia. However, rapid demographic growth may soon change the pattern of deforestation in the DRC. Forest- richtropicalcountriesalsosharecommonissues.First,itseemstheydonotmanagetoreapthefullbenefitsof their forest resources. Loopholes in price-setting, collection and redistribution of revenues cause substantial losses for the state and local communities. Ensuring equitable sharing of the forest rent among companies, the State and local people will undoubtedly prove a major challenge in the DRC. Second, illegal logging pervades in most tropical countries. Government-imposed regulations are often complex and companies find it easier to bypass them and pay bribes than to comply. Regulations implemented in the DRC need to reflect the limited institutional capacity and the risks of corruption. Finally, many tropical countries started to decentralise the management of forests. Countries with a federal structure such as Malaysia, Nigeria, India, Brazil and Mexico are moving in that direction. The DRC can learn from these experiences. However, as it is emerging from civil war, it will have to deal with decentralisation in a cautious manner. CentralAfrica. The DRC can benefit from the experiences of other Central African countries, but it differs from them in several respects. First, the size of its territory, forests and population largely exceeds that of its neighbours and thus makes the country both more complex and more diverse. Second, although it is the least urbanised country in the region, the city of Kinshasa alone has more inhabitants than the Republic of Congo, Central African Republic, Gabon and Equatorial Guinea combined. The DRC has a larger domestic market that is likely to grow as peace sets in and revenues increase. Third, even though it is basically the central government that is empowered to manage forests, in practice local authorities have greater autonomy in the DRC.This stems from the vastness of the country, the collapse of communications, decades of weakening public administration, and the period of war during which entire regions lived outside of central government control. The DRC will need to pay particular attention to the role of local authorities, both administrative and traditional, in managing forests. Chapter ­ The Government's Overall Vision| 2.C. forest LAnd use pLAnning - As a bottom line, local communities' uses should be mapped and their rights secured. As noted previously, the DRC has about 145 Areas for new parks, logging or other uses million hectares of forest, of which about would be identified in non-disputed zones. 86 million hectares are rainforest. Forests In the same spirit, the Forest Code provides cover about 62 per cent of the national that customary rights, including those of the territory (Table 4). Including savannahs and indigenous peoples, are maintained in all aquatic environments, natural landscapes production forests (Article 44). account for about 91 per cent of the territory. Farmlands, cities and other non- A land-use planning effort entails extensive forest uses account for only about 9 per local consultations, participatory mapping, cent of the territory. The question now for socioeconomic and environmental studies, the DRC is how to make the best possible as well as demographic projections, remote use of its vast natural areas. The return of sensing and modelling. It further requires peace is probably the first opportunity for in-depth understanding of the social, the DRC to look at its own resources in a environmental and economic forces that holistic and structured manner, and for the shape the forest pattern in each region, international community to participate in including customary laws and land tenure the land-use planning of the second-largest systems. It also involves the comparison of block of tropical forest in the world. Since various land-use scenarios. A key aspect is independence, the DRC has not gone to set up a consultation platform that allows through any structured and open land- all stakeholders to voice their needs and use planning process. An interministerial expectations, to agree on how best to use committee set up for that purpose in the each patch of forest, and to delineate such 1970s was not followed through. As far as agreements on a map. Emphasis should be the forest department is concerned, efforts placed on consultations and negotiations, so were limited to inventories of standing that maps reflect all the social, environmental timber in the 1970s. The Congolese forest and economic values of the forest at local, mosaic of today stems from a series of national and international levels. This individual decisions and events rather than approach must be based on the principle from a collective and organised effort. of local people's prior, free and informed consent. It should make use of participatory Participatory, multipurpose forest land- mapping techniques. Consultation use planning. The goal of participatory, techniques should be adjusted to vulnerable multipurpose forest land-use planning is to groups, minorities and forest-dependent agree on priorities assigned to forest areas, people such as the Pygmies to avoid them and to map them out. It is based on the being marginalised and to ensure they speak multifunctional nature of forests. While up for themselves. some forest uses are compatible with each other and can overlap in space, other uses In the DRC, this kind of approach should are more exclusive and overlaps may lead to help consolidate peace and stability. It should conflicts. For each patch of forest, the goal facilitate dialogue and bring parties to agree is to agree on a mix of priorities and to avoid on development priorities translated into the overlapping of incompatible uses. The mappingscenarios.Itwouldpreventconflicts mix of priorities will vary from one area to that might arise if the various stakeholders another, and this will define the geographic had no way of negotiating their rights to mosaic on a regional scale. In the DRC, this access arable land and forest products, process is expected to lead to the creation and of sharing their views on how the of community forests and new protected country's public endowment should be used. areas, and to help develop non-extractive Discussing maps and scenarios may help find forest uses. trade-offs between various options, where | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda these are necessary. Participatory mapping Readingthecurrentlandscapeandongoing further contributes to the harmonisation of trends. Practically speaking, the first step is customary and modern laws, the coexistence to understand and describe the landscape of which could become a source of tension if as it exists today and how it is evolving. At not well managed. the local level, this requires consultations in villages, socioeconomic surveys, and an in- Participatory land-use planning is a long- depth understanding of the agricultural, land term task. It will require many years of tenure, and forest use patterns, which differ work given the size, complexity and state of from one region to another. At the national institutional collapse in the DRC.57 It should level, the challenge is to integrate regional start in pilot regions. These pilot areas would diversities and ensure overall consistency. help develop replicable methodologies, Remote sensing can provide all stakeholders implement the Forest Code's innovative withanoverviewofhowthenationalterritory consultation mechanisms, and prevent is currently being used, help identify residual conflicts in areas most exposed to the post- areas for which decisions are yet to be made, conflict pressures. and enhance consistency with development programmes in infrastructures and other The outcome of a planning effort in a sectors. Table 4 and Maps 2, 3 and 8 provide given region should be an indicative map an initial outline. showing the proposed mosaic of forest uses for that region. These maps would have no Land-use planning is central to the country's immediatelegalrelevance,butwouldprovide overall recovery dynamics. Forest decisions a shared base of information for further must be placed in the context of the broader decision making. Starting from there, the development agenda, and will need to be actual process of creating protected areas, aligned with priorities of other sectors. community forests or concessions, should Infrastructure and industrial projects are follow specific gazetting procedures that likely to start before a participatory forest should also include extensive and in-depth land-use plan is available for the entire local consultations following the principle country. Areas that are still relatively free of free, prior and informed consent. This today may soon be occupied, with or gazetting process should be conducted without a forest land-use plan, and latitude on a case-by-case basis for each area being for a participatory planning process focused proposed for conservation, production, on forest uses is likely to dwindle rapidly. It community management or other uses, and will therefore be necessary to seek a trade-off each area should be referenced by specific between quality and duration of planning clauses and individual maps.58 How such efforts. local consultations will take place remains to be determined. Provisions should take The Congolese population density is, on account of the remoteness of villages as well average, 26 inhabitants per square kilometre. as logistical constraints to ensure people Comparing Maps 2 and 3 shows that the are truly informed that a public inquiry is most populated areas follow the edges of taking place. Provisions should also include the Central Basin rainforest: in the south the filing of minutes, and means of redress. along a line from Bas-Congo to Kasai; along the eastern border in the two Kivus and Logically, land-use planning should take Ituri; and in the northern part of Equateur place before any other activity starts in the province. There are reportedly more than field. But this is a theoretical view. In post- 200 inhabitants per square kilometre in conflict DRC, people already live in, and use some areas of Kivu. In the Central Basin, the forests. They are unlikely to just freeze the demographic density varies between 2 ongoing activities and wait until a land-use and 20 inhabitants per square kilometre. plan is completed. Although some of these areas are virtually Chapter ­ The Government's Overall Vision| Table4.EstimatedareasofforestsandotherlandusesintheDRC. Forests cover about 62 per cent of the country area. Natural ecosystems including aquatic ecosystems cover about 91 per cent. Adapted from: Chezeaux (2003), based on Landsat images 1980­1985. Forest/habitattype Area Percentage (hectares) ofterritory Lowland rainforests (evergreen and semideciduous) 86,292,794 36.8 Mountain forests 5,300,823 2.3 Miombo--dryland forests 45,178,396 19.3 Swamp forests and mangroves 8,591,895 3.7 Totalforest 145,356,186 62.1 Wooded savannahs 27,352,289 11.7 Mosaic of forests and savannahs 33,079,010 15.8 Agricultural and other rural areas 13,973,189 6.0 Cities 144,352 0.1 Other non-forest areas, unspecified 6,688,239 2.9 Water 3,549,445 1.5 TOTAL 234,203,206 100.0 uninhabited, the DRC forest is, on average, Congo River. If the transport infrastructure more populated than that of Gabon and were fully operational, the central rainforest northern Republic of Congo.59 According to would no longer be secluded from the urban Wilkie and Carpenter (1999) approximately and trade centres. Several roads of national 22 million people live inside and around the significance are being rehabilitated, and rainforest zone. The Congolese population there are plans for dredging of and buoy grows by an estimated 2.4 per cent per year placement on the river, as well as renovation (Fa et al. 2003). It is projected to increase of the port of Matadi. The port's handling from about 60 million in 2006, to 90 million capacity could increase from 0.5 million by 2020, and to 177 million by 2050.60 to about 1 million tonnes per year. These Such rapid growth will impact the country's infrastructure restoration and development ecosystems and natural resources. It may works are a priority for the DRC. Their lead to internal migrations from highly nature,scopeandtimeframewillbeguidedby populated areas to less populated ones such the country's overall development priorities. as the central rainforest, and hence lead to They will increase the volume of timber that fragmentation of natural habitats, increased can be exported through Matadi, or by road hunting pressure, conversion of forests to and rail to Cameroon, Uganda and South agriculture, and potential conflicts over Africa. They will also impact the trade of forest resources.61 forest products other than timber. The infrastructure network (roads, railways, Agriculture reportedly accounts for about 6 portsandrivers),onceoperationalthroughout per cent of the national territory. In rainforest the entire country, is in a poor state, but areas, that figure is estimated at between some of it is in the process of being restored. 4 and 6 per cent (Laporte et al. 1998; Map 8 shows the transportation network as Chezeaux 2003). This is mostly subsistence, it stands today as well as ongoing renovation shifting slash-and-burn agriculture. These efforts with the help of international aid. areas are likely to increase in proportion This is a multimodal network based on the with population, unless farming modes complementarity between roads, railways intensify. There is little information on how and rivers, with the principal artery being the much space is being used for fuelwood and 6 | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda and ing ineer Eng ivilC of y inistrM yb videdopr ta Da e:c ourS.es tur astruc infr of ehabilitationr the for plan Initial.t or ansptrer riv and ailr, oadrofk orwetN8. .es tur apM astruc nfrI Chapter ­ The Government's Overall Vision| small-scale logging in the DRC. However, Was the Congolese forest earmarked for these are key activities for the Congolese industrial logging? Yes, to a large extent. people. They alter natural forests, especially In 2002, some 43.5 million hectares were in drylands, mountain areas and near locked up under logging concessions, and urban centres.62 Fuelwood and charcoal new requests for more concessions were consumption will increase as the population being processed. Even though these forests grows, unless alternative sources of energy were not yet physically open to logging, they become available. Similarly, informal certainly were open to logging from a legal small-scale logging is likely to increase as point of view. Such concessions overlapped the economy recovers and transportation villages, farmlands and biodiversity hotspots, improves. The Congolese forest is also and there had been no public debate about subject to and coveted for mining activities, other possible uses, such as community especially in the east of the country. On the forests or protected areas. These concessions other hand, animal husbandry, agribusiness cordoned off areas that were closest to and tree planting do not seem, in the short the river, that is, the most accessible and term, to be among the major factors creating the most exposed to the many changes pressure on natural forests in the DRC. Large brought about by the post-conflict recovery, rubber and palm oil plantations have existed and where land-use planning is therefore for many decades, notably in Equateur-- the most urgent. But since these logging priority is likely to be given to rehabilitating contracts were already signed, the future of these old plantations rather than converting these forests was sealed. Participatory land- new forest lands. use planning was no longer an option there. In fact, it even became a marginal operation The protected areas network covers about 8 at national level. per cent of the country area, i.e. about 18.5 million hectares. According to the Congolese With the return of 25.5 million hectares to Institute for Nature Conservation, a thepublicdomainin2002,theestablishment significant but unspecified portion of these of a moratorium on new concessions, and protected areas is degraded. The Forest Code the prospect of harmonising existing ones sets a target of 15 per cent of the national with village and farmlands as part of the territory, i.e. 35 million hectares, under legal review, things look quite different protected status. This calls for about 16.5 now. Once again, there is a certain degree million hectares to be added to the current of freedom to examine how best to use network. That goal may seem difficult to each piece of forest as a public good and achieve today, but it will become even more on the basis of public consultations. With difficult as time goes by. the measures now in place, and as long as these measures are continuously enforced, The industrial timber sector has remained it is likely that industrial logging will not rather small in the DRC compared to the become the prevailing forest use in the size of the country and compared to the level DRC. of production in other forest-rich tropical countries--the forest has remained sheltered The above analysis suggests that forest through insecurity and difficult access. land-use planning in the DRC will need Logging is selective and, according to the to proceed gradually, in a pragmatic way, forestdepartment'sinternalcompendium,the and to combine parallel processes. First, area opened in 2002 covered approximately remaining illegal large-scale concessions 24,000 hectares. Three years later that area must be cancelled for land-use planning to has probably tripled, in line with production. become fully relevant at national level. There Areas opened annually for logging are is also a need to conduct a broad mapping likely to keep increasing as transportation of current land uses and future directions. infrastructure is rehabilitated. This will help mainstream forest priorities 8 | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda into the country's development agenda, and Articles 15 and 84 of the Code (which prevent inconsistencies with other sectors. pertain to local consultations) is crucial. A second line of action is to prepare Procedures for such consultations prior to systematic and detailed forest land-use gazetting should be established, and their proposals at regional level, using the implementation actively supported and participatory method described above, monitored. Similar local consultations knowing that this approach will start with should also take place to refine the a few pilot regions and will not cover the boundaries of existing valid concessions. whole country for a long time. The third Finally, detailed local consultations line of action is to ensure that effective should also precede any rehabilitation of consultations take place at the village level infrastructure, mining operation, or any before any new protected area or logging other intervention having potential impact concession is proposed anywhere in the on forests and forest people, as part of regular country, regardless of whether it is in a pilot socioenvironmental impact assessment region or not.63 In this regard, enforcing following international standards. 16 ©Kim S. Gjerstad chapter 3 an urgent challenge ­ regulating the timber sector as it restarts 3.A. the LegACy of the pAst boundaries themselves. Most of the time this authorisation would be converted into a 3- In 2002, major distortions plagued the forest year Letter of Intent, and then into a 25-year sector. They perpetuated a system in which Guarantee of Supply, with no prospecting the exploitation of natural resources failed actually taking place and no consultations to improve the people's wellbeing, they put being held with local communities. Securing at risk non-timber forest values, and they logging titles depended mostly on personal made it difficult to implement the new relations and cronyism. Forest Code. Correcting these distortions and regulating the timber sector as it restarts Often, it was only when activities started are top priorities. that local communities found out about the existence of a logging permit which No local consultations, no management encroached upon their land and challenged plans, no alternatives. Most forests were their traditional rights. This lack of prior locked up for logging: 43.5 million hectares consultationandgeographicalinconsistencies were split up into 285 long-term contracts64 paved the way for disputes between farmers allocated on a discretionary basis with andloggers.Theformerclaimedtheforestfor no local consultations, no consideration agriculture and traditional uses (according to for other forest uses, and no fair financial custom) and the latter claimed it for timber return to the country. This system made (according to the contract). This placed all participatory land-use planning irrelevant, parties in a situation of insecurity, spawned and precluded the emergence of community a feeling of despoilment, and created the forests, new protected areas and alternative potential for conflict. management models (see Chapter 2). But there were other problems as well. This old system included no provisions for sustainable management and led to the In this old system, companies had the depletion of the natural resource base. Each initiative to request a one-year Authorisation company decided the number and location to Prospect for which they mapped the of plots (1000 hectares each) it wanted to 0 | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda harvest inside its concession on a yearly basis. Signing a contract in Kinshasa is unlikely Companies were tempted to open annual to have any impact in the field as long permits in the richest and most accessible as insecurity stalls logging and transport pockets, leaving behind forests stripped of activities. However, when security and their most valuable species, with a sprawling transport improve, concession holders road network that opened the forest to sub-letting their forest to companies who poaching. Protection of wildlife was left at need it to launch their activities may the logger's discretion. Companies provided develop into quite a profitable business. some benefits to local villages either in kind For the buyer, such transactions may or as a cash payment according to personal be more lucrative than being awarded arrangements, but there was no formal a direct contract with the government framework and no monitoring system. through auction.69 These transactions can take the form of tenant farming, rent, These hastily mapped-out concessions subcontracting, joint venture or transfer sometimes led to discrepancies between the of capital. As a result, forests can be traded contracts and the maps attached to those between private operators without control contracts, resulting in confusion and abuse.65 from the government70 and without This allocation system also prompted involvement of local communities. This the inclusion of unproductive savannahs unofficial market is harmful for the State and swamps in concessions even though and local entities71 as they are being denied companies were supposed to prospect the their share of the forest rent.72 forest before obtaining the Guarantee of Supply.66 The 35 million hectares or so available in 2002 on this unofficial market exceeded the Lastly, these discretionary allocations often area that may have actually been needed by resulted in subcontracting agreements potential new investors. Indeed, it will take between concessionaires and loggers, where sometimebeforesecurityandinfrastructures responsibilities were watered down, thus are strengthened, and it is unlikely that the making monitoring and control even more real need for new concessions73 will exceed difficult. five million hectares in the next five to ten years.74 In other terms, even if the unofficial A system conducive to speculation. market dropped from about 35 million These 43.5 million hectares locked up hectares to (say) 5 million hectares, it would under concessions were disproportionate probably still be large enough to absorb all compared to the actual supply needs of the demands for new concessions. And the sector. Even before the war, the yearly if that were the case, participatory land- production of 500,000 cubic metres only use planning and transparent allocation required an area of approximately 6 million methods would simply remain on paper for hectares.67 An estimated 35 million hectares a long time to come. under contract in 2002 were not being used. The 1990s witnessed a massive increase A tax system that is harassing, flawed in concessions even though the number and conducive to fraud. The Comité of companies and their production were Professionnel du Bois lists 155 taxes and dwindling. Despite logistical hurdles and charges that put a strain on forest-based conflicts, companies and individuals sought activities. Tazartes (2003) indicates that to secure geographical sites in anticipation `Para-taxation is the most typical aspect of of more peaceful days. At that time, keeping the DRC's tax system. More than 900 taxes a concession of a standard size of 200,000 are included in the list of revenue-generating hectares only cost 286 dollars per year,68 as activities in the administrative, judicial, the area fee was at a symbolic 0.00143 dollar property income and interest-taking areas'. per hectare. During the conflict, many administrations Chapter ­ An Urgent Challenge: Regulating the Timber Sector As It Restarts| in Kinshasa and the provinces established 3.b. AChievements sinCe 2002 new fees unilaterally. Some charges were based on decisions with an unclear legal The following steps have been taken status and they were likely to overlap with since 2002 to clean up the legacy of each other. For example, in Kinshasa, at mismanagement. least nine administrations collect forest taxes,75 not counting the entities that First review of the old contracts--2002. In collect payments from the informal sector. April 1999, an Interministerial Committee The plethora of tax collection windows onTimbersuggested`rescindingallagreements and the complexity of procedures are and contracts for non-inventoried, abandoned conducive to fraud. In 2002, the average and/or undeveloped forests'. The government tax burden on export timber exceeded implemented this recommendation in April 20 per cent of the timber market value.76 2002. It reviewed 285 existing contracts This figure might appear similar to that with a focus on a few simple criteria: the of other Central African countries, but in contract's expiry date, the existence of a the post-conflict context and considering processing plant whenever provided for by the extra costs of operating in the DRC, the contract, and the payment of the area it might deter responsible behaviour and fee.79 Article 10 of the contracts stipulates foster fraud. that `Loggers' failure to comply with one of the clauses of the agreement will result in the Some parafiscal charges accrue to public immediate and automatic rescinding of the enterprises that provide marginal services. agreement'. This effort led to the rescinding In 2002, the trickiest case involved the of 163 noncompliant contracts totalling NationalTransportation Office (ONATRA) 25.5 million hectares (see Map 9), the which collects a `half-transit' fee on all goods list of which was published in the Agence entering the port of Matadi from the road.77 Congolaise de Presse.80 This fee is particularly penalising for timber as it is based on weight. In 2001, ONATRA Moratorium on new allocations--2002. unilaterally increased this fee to 16 dollars In addition to rescinding noncompliant per tonne, which accounts for nearly 10 per contracts, the government suspended the cent of the timber market value and 35 per allocation of new contracts. The ministerial cent of the overall tax burden on timber. decree dated 14 May 2002 stipulates that The actual cost of ONATRA's handling of `The awarding of new Guarantees of Supply timber in the port of Matadi is estimated and Letters of Intent, as well as renewing or at about 2 dollars per tonne, rather than 16 extending of such Guarantees and Letters, shall dollars. be suspended. This suspension shall remain in effect until the publication of new auction Paradoxically, although logging companies regulations. This measure does not pertain to are compelled to pay multiple fees and ongoing Authorisations to Prospect81 for which charges, State revenues remain miserly. inventory fees have already been paid'.82 This In 2002, the State collected about 1.6 is a conservative measure as there would million dollars from forest taxation, while be no point in returning noncompliant public companies like ONATRA reaped concessions to the public domain if the 1.8 million dollars. Thus, forests may option remained to reallocate them through appear to be a liability for the government the old discretionary methods. and this may become a disincentive to good management. In 2002, the area tax However, it seems that this moratorium was collected for 43.5 million hectares under bypassed in several ways. In June 2002, the contracts was a mere 28,000 dollars. The Ministry of Environment's compendiums official revenue to provinces and territories listed 122 contracts totalling 18 million was virtually nil.78 hectares. Yet the official list of existing | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda some andy est for 2002, ountrc other ). early the 2002 ession oncC earA oadR Lakes edt and imberT ecotrP tional Na ersivR 2001 In.2002nisnoissecnoctnailpmocnonfonoitallecnacehtretfadnaerofebnosirapmoc:CRDehtnirevocnoissecnocnitfihS.9paM foreturnrequitablewithout,onsultationscalclowithout,basisyetionardiscraonedatcalloeenbhadtsacontrcheseT.tsacontrcgingglo285ointupdividedeerwestarhecmillion43.5 elopingdevforaywtheedpavhisT.estarhecmillion25.5otallingttsacontrcompliantnonc163escindedrernmentvgothe,earythaturingD.usesestforossiblepotheronsideringcwithout orFménagementAeteentairvd'InermanentPevicerS(SPIAFomfrtadaonbasedertenCchesearRHoleoodsWe:courS.mechanismsentanspartrandequitableemoronbaseduses estier Chapter ­ An Urgent Challenge: Regulating the Timber Sector As It Restarts| contracts was published in May 2003 yet in this case it was used as the single and reported 132 contracts totalling 19.4 method for dozens of contracts; second, million hectares. A new list of existing Article 92 provides that no single person contracts was published in November 2005. shall be granted forests in excess of 500,000 It reported 141 contracts totalling 20.4 hectares,87 yet in this case some companies million hectares, including 100 contracts obtained more than one million hectares; dated after May 2002 covering 15 million third, no prior consultation is reported to hectares.83 have taken place with local populations, contrary to the provisions of Article 84; In terms of area, the gross volume of fourth, the Code stipulates that the price transactions between 2002 and 2005 for sole sourcing allocations shall be at least appears to be 15 million hectares, and the equal to the floor price used in auctions, net difference between the total area under yet this floor price has not been set yet; and contract in 2002 and 2005 appears to be fifth, these allocations are called `Letters of 2.4 million hectares. The total number of Intent' and `Guarantees of Supply'--these contracts appears to have increased by 19. terms do not exist in the Code and could therefore not be used after 2002. Various scenarios can be identified. First, several companies reportedly relinquished Update of the annual area fee--2003. In forests they found unproductive or they order to continue the cleaning-up process had already logged over, but in some cases started in 2002, the government decided to these low-value forests were exchanged for gradually raise the annual area fee (or rental new ones. Thirty-two contracts covering fee) to encourage the relinquishing of unused 4.6 million hectares84 were reportedly areas. Up to 2002, the area fee was 0.143 awarded in 2003 under the guise of cents per hectare per year, or 286 dollars for such `remapping' or `exchange' of old a standard 200,000 hectare concession. The titles. Similar transactions seem to have government's intention was to raise this fee continued in 2004 and 2005 under the to 50 cents per hectare per year. This was guise of `readjustments' and `relocations', ratified by an interministerial decree dated although some of these transactions might 20 April 2002. However, it was decided indeed be straight relinquishments without that this measure would be implemented acquisition of new forests. Second, it seems gradually, starting with a rate of 6.25 cents that new contracts were also allocated in in 2003.88 It was further decided that this 2004 and 2005. The official list published increase of the area fee would be balanced by in November 2005 reports 14 contracts a reduction of the overall tax burden. This covering 2.3 million hectares that did not increased area fee is meant to act as a filter, show up at all in the Ministry's internal leaving it up to operators to keep or return compendium in 2002. Third, it seems that partsoftheconcessionstheyown.Companies at least 7 contracts that were cancelled in can return areas already exploited or of no 2002 were rehabilitated in 2004 (covering value and keep the truly productive ones. approximately 2.4 million hectares).85 In 2004, one to two million hectares were reportedly returned to the public domain. These acquisitions of new areas since The objective is also to deter new speculative 2002 obviously seem to contradict the acquisitions. moratorium.86 They also seem to contradict the regulations in effect before the new The 2003 economic review and the 2004 Forest Code, as they were not preceded by reforms. An economic review of the timber an Authorisation to Prospect. Furthermore, sector was conducted in 2003. It analysed they seem to contradict the new Forest four scenarios, developed mostly on the basis Code itself on five counts: first, Article 83 of information supplied by the companies stipulates that sole sourcing is exceptional, and structured around the following | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda guidelines. First, taxation should not curb the gradual rise of the area fee need to go economic recovery in the post-conflict together. The expected benefits include era. Consequently, the tax ratio should not easier discrimination between compliant increase but rather decrease; and the increase and noncompliant companies, the return in revenue should stem from extending the of speculatively held forests to the public tax base to all operators rather than from domain, and higher revenues for the State, imposing higher taxes on a few companies. of which 40 per cent is to go to provinces Second, the tax system must remain simple and territories. in order to reduce the risk of fraud and corruption, and secure tax collection and The Comité Professionnel du Bois expressed controls. Third, the system needs to ensure a preference for maintaining the status fair competition between companies, and quo. To some extent, this could reflect fears facilitate discrimination between those that the announced reductions will not be who play by the rules and those who don't. applied. For some companies, this could Fourth, service fees, such as those levied by also reflect fears of being forced to return ONATRA, need to correspond to the actual concessions that although not used today, delivery of services. Fifth, taxation should act could turn out to be useful in the future, as an incentive to deter speculation, and to and that once returned, probably wouldn't encourage sustainable management, as well be available for acquisition under the same as local processing of timber versus export of attractive conditions as in the past. The logs. increased area fee breaks from the old system of quasi-unlimited and free-of-charge access The first scenario was a status quo of the to forests. It challenges operators who wish current situation. The three other scenarios to control areas beyond their real supply had several features in common: reducing the needs. On the other hand, for concessions total tax burden to less than 20 per cent of used under management regimes, an annual thetimbermarketvalue,reducingunjustified area fee of 50 cents per hectare accounts for service fees, and a rebalancing in favour of less than 2 per cent of the timber market taxes that deter speculation, and that accrue value.92 It does not, however, seem to hinder to the State's budget as opposed to those of the sector recovery, especially when it comes parastatal companies. These three scenarios with a reduction of the total tax envelope to differed from each other by the degree of tax less than 20 per cent of the market value. rebalancing and the timeframe. The government opted for a variation of 3.C. ongoing efforts scenario 4--a gradual rebalancing between parafiscal charges and the annual area fee, The path towards more sustainable forest within a four-year timeframe.89 This decision management and more equitable sharing of was enacted by the interministerial decree of benefits goes through the following steps. March 2004.90 This decree reduces the total These come in parallel with participatory fiscal envelope to about 17 per cent of the land-use planning efforts discussed in timber market value, instead of 20 per cent Chapter 2. in the previous system.91 The ONATRA fee is cut down to 8 dollars per cubic metre for Legal review and conversion of old logging 2004 and to 5 dollars in 2005, instead of contracts. Article 155 of the Forest Code 16 dollars in 2003. The annual area fee is stipulates that old logging contracts (called increased from 6.25 cents in 2003 to 10 Letters of Intent and Guarantees of Supply) cents for 2004, to 20 cents for 2005, to 30 must be converted into Forest Concessions cents in 2006, and 50 cents in 2007. This `as long as they meet the terms provided by this decree must be seen as a package deal: the law', which implies that these old contracts reduction of unjustified service fees and need to undergo a legal review before they Chapter ­ An Urgent Challenge: Regulating the Timber Sector As It Restarts| 17 ©FilipVerbelen 18 ©Filip Verbelen Health center and school in a village next to an active logging concession, Bandundu. Fair negotiation and implementation of the cahier des charges needs to be monitored, as well as the use of revenues for local development purposes. can be converted. The criteria and procedures terms and conditions of the new contract for this legal review are set by the presidential called Forest Concession. This will be based decree of 24 October 2005, published in the on the plan de relance proposed by the Official Journal of 1 November 2005. The company. It will harmonise the geographical decree was adopted after much wavering, boundaries of the concession with villages with the signing of four consecutive and farmlands, and determine the social and ministerial decrees in July and November environmental terms of the cahier des charges. 2004, and June and September 2005. The decree stipulates that pending issues regarding the boundaries can be carried over According to the decree of October 2005, as clauses of the new contract for further local this legal review will be conducted by an consultations and final settlement as part of interministerialcommitteewithparticipation the preparation of the forest management of representatives of the private sector, NGOs plan.95 The decree forbids any acquisition of and local communities. An independent new forest area in the process. expert will take part to ensure objectivity and transparency, and its reports will be made This work is linked to the Sun City public. The decree indicates that the process agreements that call for the reviewing of will take place in two stages. The first stage all forest and mining contracts allocated will check the validity of the existing logging during the conflicts. It follows upon the contracts. It is based on a limited number of recommendations of the Panel of Experts simple, redhibitory criteria set forth under of the United Nations, October 2002: Article 5 of the decree.93 According to Article `Reforms of the mining and the forestry sectors 11, contracts that do not comply with these should include the review of all concessions criteria shall be rescinded. This is in line with and contracts signed during both wars... The the clauses of said contracts and with the international community including the World provisions of the Forest Code.94 Contracts Bank ... could collaborate closely with this exchanged after the establishment of the Commission and provide the support necessary moratorium in 2002 should be restored to for it to carry out its work in a thorough and their pre-moratorium status. The second objective manner' (United Nations Security stage of the process is limited to compliant Council 2002). The legal review is indeed contracts only. It will consist of defining the being supported by the World Bank. 6 | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda 19 ©Filip Verbelen Golden-bellied Mangabey, endemic to the DRC, is a frequent victim of poaching associated with logging. The basic principle which companies should commit to is that logging does not lead to increased poaching as compared to the no-logging scenario. Moving to sustainable management protection of wildlife. Concessionaires plans. Once the legal review is completed, should not wait four years until a full- concessionaireswillhaveatransitionalperiod fledged management plan is approved before of four years to prepare forest management implementing simple and well-known plans.96 These will be the first management measures that are essential to improve plans in the DRC. They should follow simple forest management. The transitional period and realistic standards, considering the should also be used to deepen consultations limited monitoring capacity and the higher with local populations, to finetune the risks of abuse when rules are too complex. geographical boundaries of concessions in relation to farmlands, and to agree upon the Basic measures that prefigure the long- definitive clauses of the social responsibility term management plan should already be contracts. implemented during the transitional period, such as the use of an annual harvest area no From a sylvicultural viewpoint, one of the larger than one-thirtieth of the concession, main changes is that the size and location the implementation of social responsibility of the annual harvest area will no longer contracts (cahiers des charges), and the be selected at the logger's option. It will be Chapter ­ An Urgent Challenge: Regulating the Timber Sector As It Restarts| prescribed by the management plan in such creation of jobs and maintaining a road a way that the entire concession is covered for several years. Implementing the social in a rotation period.97 If the rotation is responsibility contracts (cahiers des charges) 30 years, then the annual harvest area will is an integral part of the forest management represent approximately one-thirtieth of plan, and that implementation must be the concession.98 Inside this annual area, monitored as any other provision of the companies harvest the volumes and species plan. Furthermore, Article 44 stipulates that they intend to market, in keeping with user rights, such as harvesting of non-timber the minimum diameters.99 The minimum products or subsistence hunting, shall be diameterappliedinagivenconcessionshould maintained within the concession. never be below the threshold defined by the forest department at national level. The forest Protecting biodiversity is also an integral part managementplanshouldalsodefineanupper of the management plan. The management limit on the number of individual trees that plan should not just indicate the inputs that can be harvested per unit area. This would companies will use, but more importantly it eschew the risk of irreversible degradation should indicate the outcomes they commit of the vegetation cover.100 Companies shall to achieving. Inputs include measures physically delineate the boundaries of the such as closing roads, raising awareness, concession as well as the annual harvest areas and making alternative sources of protein so as to make monitoring easier. At the end available to workers' families. In terms of of the year, the area is closed for the rest of outcomes, the company should ensure the rotation.101 that its presence will not lead to more poaching and bushmeat trade compared From a social viewpoint, the Forest Code to the scenario without logging--in other includes several mechanisms that must be words, that no additional poaching can be implemented if local populations, including attributable to the company, its workers indigenous groups, are to benefit from the and their families. Such outcome-based presence of the company in addition to the clauses should be included in the concession Box3.Protectingwildlife--theMinkébéexperienceinnorthernGabon In 1999, approximately 200 tonnes of meat per year was being extracted from the Bordamur concession, a subsidiary of the Malaysian group Rimbunan Hijau, to fuel the bushmeat trade in northern Gabon. This alarming level of poaching was tackled jointly by the Ministry of Forests, the company and WWF, with a focus on involving local authorities, villagers and workers. Two complementary processes were developed in parallel, combining enforcement and consensus. First, a mobile brigade composed of sworn agents was set up to carry out frequent checks on logging roads and at barriers. Second, a memorandum of understanding outlining clear and simple rules was brokered and subsequently signed with local villages, the company, provincial authorities and the Ministry, with the following provisions: no transportation of weapons, hunters or meat using the company's vehicles; access to the road network forbidden to all unauthorised vehicles; barriers set up at strategic locations; a food store with alternatives to bushmeat set up within the company's camp; hunting by workers forbidden, with the exception of hunting on foot in the vicinity of the camp; hunting by villagers limited to hunting on foot and to a maximum of 20 kilometres around the village. The combination of the two processes led to a significant decrease in hunting in and around the concession. Unauthorised entry of vehicles decreased dramatically. The performance of this system has been related to a high level of guard presence in the concession, strict enforcement of barriers and application of penalties on vehicle-using poachers and on the company, and the willingness of the company to enforce a new hunting policy. The costs of these operations were estimated at about half a million dollars over five years, i.e. about 0.5 dollar per hectare per year. The Ministry of Forests and WWF are currently working on a financial scheme that should gradually shift the cost of this strategy to the logging companies. Although much work remains to be done and poaching has not been eradicated from these forests, this experience does show that progress is possible. Source: Pauwel Dewachter, WWF. 8 | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda contract for the first four years, and then 2004 fiscal regime reduces the annual area carried over into the forest management fee once the management plan is approved, plan. In some cases, the management plan which in turn provides an incentive for will also delineate conservation areas inside certification. the concession. Concessions adjacent to a protected area should be preceded by a Monitoring, control and penalties. Forest specific environmental impact assessment. laws and contracts need to set standards that are easy to check and that include deterrent Concession contracts span 25 years. They penalties. Without field monitoring and should include a clause of automatic renewal deterrent penalties, forest policies would as long as the contractual obligations and be pointless. If penalties are inadequate-- the management plan are being complied that is, if the penalty is smaller than the with. Conversely, they should also include benefit generated by the offence--then it a clause for automatic cancellation in case of will be more productive for noncompliant noncompliance with basic rules such as the operators to continue to break the law. limits of the annual harvest area, the social Impunity encourages crime, and it harms responsibility contracts, and the protection law-abiding companies. Concessions should of wildlife.102 be cancelled in case of major or repeated offences and offenders should be banned Certification. Certification is an important from future auctions. Transparency and tool in the drive towards better forest public information are also key. When an management in the DRC.103 Companies can infraction is identified, the administration secure or gain ground in environmentally shouldannouncethenameoftheperpetrator, sensitive markets by having the quality of which penalties were applied, and when the their forest management certified by an fine was paid. independent body against internationally recognised criteria. The certification system The forest department is virtually non- should be independent from the State and existent in the field today. Strengthening voluntary. A basic criterion for certification institutional, human and material capacity is is compliance with laws, although a priority. Forest officers must be adequately certification schemes also require social trained, paid and equipped to carry out and environmental performance that goes beyond legal requirements. Certification, as it can be seen as a voluntary, market-driven Box4.Aboutillegallogging self-improvement system, is of particular interest in the DRC context, where the The existence or absence of illegal logging should government is not yet in a position to fully not be perceived as a definitive criterion for enforce its laws. Certification also implies failure or success in regulating the timber sector. Environmental damage or rent grabbing might significant adjustments in companies' usual not be labelled `illegal' simply because the rules business model. In that regard, the recovery are inadequate or flawed with exemptions, or phase in the DRC could be a fitting time because offences are not detected. Conversely, for companies to start on the right foot illegal logging may be part of a transition process and include certification in all decisions from an unregulated sector (where `illegality' therefore does not exist) towards a more and investments from the outset, instead structured one (where regulations are adequate of making costly adjustments later on. and monitored). During this transition, the better The government should actively encourage legality is defined, the more violations become certification. For example, if new logging or visible. Also, illegal logging most often results in financial loss for the country, but it does not export rights are auctioned, bidders could be necessarily imply greater environmental damage given higher technical score if their previous compared to `legal' operations. Illegal logging concessions are independently certified. The is an economic and social issue as much as an concept of `productive area' as included in the environmental one. Chapter ­ An Urgent Challenge: Regulating the Timber Sector As It Restarts| their duties. Considering the time required The implementation of this system faces a to build institutional capacity, it will be number of risks: unbalanced negotiations necessary to use external services at least in between companies and villages; failure the short term. One promising system is to to implement the agreed measures; involve a third-party observer to accompany marginalisation of minority or indigenous forest officials in the field. This mechanism groups; and lack of conflict resolution does not supersede the government's mechanisms. oversight responsibility; rather it helps the administration to fulfil its core function. To mitigate these risks, the administration The observer's mandate is to ensure fairness should design a template for social and transparency of controls and penalties, responsibilitycontracts.Thistemplateshould to facilitate public information and the indicate the range of possible contributions involvement of civil society, and to improve from which both parties would select the case-tracking.Fieldcontrolsshouldbeusedin ones most suitable for them. It should also combinationwithsatellite-basedmonitoring. provide the timeframe as well as standard Current technologies make it possible to specifications for works and services. detect the opening of roads into unallocated One section would provide a method to forests, which may be an indication that estimate the costs, with upper and lower illegal logging is going on, and can help limits within which the agreement should direct field missions. Log tracking should be set. Provincial advisory councils could also be developed so that the true origin be mandated to mediate any disputes that of logs can be ascertained at any time until might arise in the course of implementation. they are exported or processed. A forest law All social responsibility contracts should be enforcement strategy in the DRC will also made public, for example in a compendium need to address the weakness of the judicial available in Kinshasa and the provinces, system. High-level political commitment in order to facilitate monitoring by all will be necessary for making any significant stakeholders. progress in this area. To some extent, the weakness of the judicial system may also Securing revenue collection--enforcing be offset through systematic disclosure of lawsandagreements.The fiscal package deal information and media coverage. Finally, ofMarch2004mustbeenforcedmethodically. transboundary customs collaboration will By doing this, the government will increase need to be strengthened, especially since its revenues while reducing the fiscal burden roads and railways to neighbouring countries and levelling the playing field in favour of may become avenues for illegal exports. more responsible companies. Noncompliant contracts should be cancelled in line with the Social responsibility contracts (cahiers clauses of those contracts and with the Forest des charges). The practice known as Code105--if the companies that have failed to cahier des charges is common throughout pay their taxes since 2003 are not penalised, Central Africa. It existed in the DRC and why should other companies continue to was formalised in the Forest Code (Article pay? The implications are wide-ranging: if 89).104 This mechanism supplements the the law is not enforced in a relatively easy- transferring of area fees to provinces and to-check tax collection matter, there is little territories inasmuch as social responsibility reason to believe that it will be enforced contracts directly affect local villages. Social when it comes to environmental and social responsibility contracts take the form of an issues which are more difficult to monitor. agreement between the concession holder In that case, the forest sector would continue and local villages. They focus on building to attract companies able to find their way social facilities such as classrooms and health through a system dominated by fraud and centres, and on the provision of services, impunity. Penalties are the starting point for such as transportation. improving the rule of law in this sector.106 0 | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda box 5. independent observer in cameroon--what's next? Independent monitoring, also known as third-party observation, has been used in Cameroon since 2001 to help the government there detect and prosecute illegal logging, and gradually improve the systems of law enforcement. The mandate of the observer is to accompany forest officials on joint control missions in the field and detect discrepancies between the mission's activities and official procedures, and to bringing potentially illegal forest sector activity to the attention of the government.To fulfil its mandate the observer has access to all relevant official documents as set out in a Terms of Reference agreed with the government. In addition, the observer also undertakes independent missions as a baseline from which joint missions can be assessed. The Independent Monitor's reports are made public after validation by a Reading Committee (Comité de Lecture). They inform the government, donors and civil society, and give them the tools they require to take action. The observer also provides assistance to encourage more effective use of GPS and GIS tools in the field, and to better manage the systematic tracking of legal cases that are registered. The observer does not take on the government's responsibility for law enforcement and prosecution of offenders. Experience from Cameroon shows that independent monitoring can provide the following benefits: It can protect law enforcement officers against intimidation and corruption attempts by companies and other officials, and it can protect companies against racketeering; It increases transparency to provide a more `level playing field' to the advantage of responsible companies--some international buyers are now starting to refuse to purchase from companies of poor reputation; It supports reform-minded people within the government and helps them identify dysfunctionality in law enforcement procedures; the observer's impartiality supports the internal change process; It fosters accountability by providing first-hand field evidence, which allows civil society to question officials on good public management; From the timber exporting country's perspective, independent monitoring can help restore the timber industry's credibility and thus secure international markets; It capitalises on the wealth of information passed on by local communities, NGOs, private sector operators and forest officials by providing a confidential avenue for this information to be made public. Experience in Cameroon also reveals a number of obstacles: Very few cases, though well documented, have gone all the way through the legal process to the point where deterring fines were imposed or concessions withdrawn; Programming joint investigative field missions depends on an overly bureaucratic process, this hinders rapid response and gives time for evidence of illegal logging operations to be concealed; The Reading Committee (Comité de Lecture) is dominated by the Ministry of Forests with insufficient input from the Ministry of Finance, Ministry of Justice and civil society; the Ministry of Forests'inertia may create a situation where it can assert that it has an independent observer, without the observer being truly operational; the Comité de Lecture needs to take full responsibility for reports it validates; Sustained political will/determination by the donor community is essential--the ability of the donor community to provide collective support for reform and improved governance has fluctuated, resulting in a cycle of intense activity and progress followed by periods of dormancy. Cameroon's experience shows that Independent Monitoring can only be effective if there is: (1) strong political will to levy meaningful penalties and overcome inertia within the Forest Ministry and in the judicial system; and (2) an adequate legal framework with simple procedures and clear sharing of responsibilities among the various institutions involved. Source: Text based on experience as the Independent Monitor in Cameroon, by Global Witness (2001­2005) and REM (since 2005). Transparency is critical in this area too. The The tax report published in July 2005 shows area tax collection reports for 2003 and 2004 that the payment order for 2003 amounted were published by the Ministry of Finance in to 747,000 dollars, of which 503,000 dollars July 2005.107 Such public disclosure should were collected--a 67 per cent collection rate. continue on a regular basis, and include The payment order for 2004 amounted to other taxes. This is now expected to happen 2.27 million dollars, of which 1.25 million in the broader framework of the Extractive dollars were collected--a 55 per cent Industries Transparency Initiative (EITI). collection rate.108 This means that about 45 Chapter ­ An Urgent Challenge: Regulating the Timber Sector As It Restarts| per cent of existing concessions are being should be disclosed in Kinshasa and held by operators who fail to comply with the provinces, and updated annually to the terms of their contracts, are unidentified, facilitate monitoring by all stakeholders. It or have left the business.109 According to the is also necessary to enhance the capacity of Ministry of Environment, only 18 contracts provincial and territorial administrations in covering 2.1 million hectares were actually planning, accounting and monitoring.112 cancelled in 2005.110 Investment priorities need to be defined in consultation with local people, including Transferring revenues. The share of the minority and indigenous groups. revenues to be transferred to provinces and territories111 amounted to 201,000 dollars Maintaining the moratorium--and for 2003 and 501,000 dollars for 2004. This preventing a reversal to the old arbitrary should continue to increase in line with the system. With the return to peace and increase of the area fee between 2003 and the rehabilitation of infrastructures, an 2007. In 2007, assuming about 10 million increasing number of companies and hectares remain under concession, that share individuals are requesting new concessions. would be approximately 2 million dollars The DRC should exercise great caution per year. before moving ahead in that direction. The presidentialdecreeofOctober2005confirms The implementation of this system faces the moratorium set up in May 2002, and a series of risks. To mitigate the risk of extends it until the legal review is completed, abuse, amounts transferred on a yearly auction procedures are adopted, and a mid- basis to provinces and territories should be term allocation plan is developed through a publicly disclosed. Budget forecasts should consultative process. The first two conditions be established locally in cooperation with are common sense. The third condition calls the provincial forest advisory councils, on the government to identify the number, and account ledgers should be audited location and size of concessions it intends and made public at the end of the year. to allocate over the next three years, and to A nationwide compendium showing the justify those choices on technical grounds. amounts transferred to each province, the This allocation plan would take the form works budgeted, and the works completed of a map and a table. It should be prepared Box6.TheseamysideoftransferringforestrevenuesinCameroon WiththeForestLawof1994,Cameroondecidedtotransfer50percentoftheareafeetolocalentities:40percent to rural counties (`communes') and 10 per cent to villages. As a result, from mid-2000 till end of 2004, the central government transferred about FCFA 28.4 billion to counties and villages, or about 10 million dollars per year. This is the primary source of revenue for many counties in the forest region of Cameroon. Amounts transferred to the communes are published in the national press on a quarterly basis in order to foster local accountability. Although the `transfer' side of the system seems to be working relatively well, the same cannot be said for the `expenditure' side. How these funds are actually used by local elites remains obscure. An audit carried out in 2004 indicates that the investments funded by these resources are quite far from the local communities' perceptions of poverty and priorities. The audit showed that less than 20 per cent of the funds were spent on schools, health centres and development projects, while most were used for administration expenditures such as buildings and official meetings; and that mismanagement of these funds is still widespread (Oyono 2005). In practice, this system still contributes little to the intended local development, and the discrepancy between the amount transferred and the outcome in the field is worrying.The largest forest commune,Yokadouma, receives about FCFA 1 billion annually, but its level of development has not improved much since 2000. The Cameroon experience is the only one of its kind in Central Africa at present. It must encourage the DRC to strengthen public information on both sides of the system (transfers and expenditures), make it possible for any citizen to hold civil servants and locally elected bodies accountable for public resources management, and to foster independent monitoring by civil society. Furthermore, it is necessary to enhance the communities'capacity to plan budgets and work programmes, to procure public works, and to monitor achievement in the field. | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda jointly with the private sector, civil society, operators. Second, it would be unwise to and on the basis of local consultations in allocate new concessions before the residual concerned areas. `unofficial market' (estimated at about 10 million hectares) is completely cleared. The purpose of the mid-term allocation Future auctions would prove unsuccessful plan is to prevent a return to the old if bidders were in a position to obtain discretionary system after the moratorium concessions for a cheap price by dealing is lifted. It should take account of the with individuals who keep concessions for following elements. First, infrastructure sub-letting or reselling. Consequently, the bottlenecks, and not the lack of concessions, mid-term planning should favour a very are the principal limit to increasing timber cautious scenario in line with investors' production today. Areas under concessions real needs. The number and size of forests today seem large enough to produce more to be allocated should be carefully planned timber than the rail, roads and ports of the to avoid collusion and speculation. In the DRC can handle, even if one considers the absence of a clearly established rationale, likely improvements in infrastructure over the moratorium should simply be extended. the next five to ten years.113 Real investors The moratorium should stay in place until seem little inclined to engage in a sector satisfactory management and governance where the handling capacity is jammed. standards have been achieved in the existing New requests may be motivated by the concessions. Allocating a certain number of desire to secure access to vast areas before concessions is not an objective in itself. The competition becomes stronger. In that case objective is that areas allocated result from new allocations would increase the trend logicalplanningandfromlocalconsultations towards speculation or towards forests that take account of all forest values, as being concentrated in the hands of a few opposed to the previous system where Box7.Localcommunities'accesstoforests Itisvitalthatlocalcommunities,includingthePygmies,continuetohaveaccesstotheforestsandthebenefits that they provide. How are the recent policy changes and proposed steps forward likely to improve their access and benefits? First, the government's review of forest contracts which began in 2002 eliminated 25.5 million hectares of largely speculative concessions, many of which overlapped with forests and agricultural lands that local people used. That made it much less likely that logging companies would come and disturb the activities of local people in these areas without their consent. Second, the 20.4 million hectares of existing concessions will be reviewed to ensure that they comply with the law. It is likely that the review will result in some of them being rescinded. Third, the contracts that are found to be legal will be converted into the new legal category. In this process, concession boundaries will be modified so as not to overlap with villages and farmland. As this will reduce the area-based taxes, companies should be motivated to review their boundaries and avoid overlaps with villages. Fourth, before the government allocates new forest concessions, the law requires it to consult with the local population to identify what claims and rights they have over the forest. How that is supposed to happen will be the subject of a specific implementation decree. The DRC Government should make sure that this process takes place in a serious manner. Given the large areas already under concessions, the government does not need to rush to create new concessions. Fifth, a participatory multipurpose zoning process should help identify which areas should have priority for rural development, sustainable timber production, biodiversity conservation, and other forest uses. This will be a gradual process that will give priority to regions with the greatest potential for conflicts between various groups of stakeholders, and where new concessions, community forests, and protected areas might be planned in the near future. Sixth, even in forest concessions, the Forest Code clearly gives local people the right to carry out their traditional forestry activities, although not to practise agriculture, and it requires concession holders to negotiate a social responsibility agreement (cahier des charges) with local communities to provide them with infrastructure and social services.Taken as a whole, and if properly enforced, these efforts should greatly reduce the likelihood of logging companies exploiting forests traditionally used by local people without their consent and compensation. They represent an improvement over the policies of the previous system. The government currently has limited capacity to implement such approaches by itself, and the support of the international community and the involvement of the Congolese civil society will be needed. Chapter ­ An Urgent Challenge: Regulating the Timber Sector As It Restarts| allocations stemmed from discretionary calculate from an administrative viewpoint, decisions. The mid-term allocation plan such as transportation costs, timber density, should be based on prior consultations in and market opportunities. This system, in line with Article 84 of the Code. which prices are self-determined, should help resolve the controversy between government Transparent allocation methods. When, and private sector around the optimal level and if, the time comes to allocate new of taxation. Provided that competition and concessions, the challenge will be to use a transparency are secured, such a system system that is transparent, makes corruption would create a more equitable sharing of more difficult, and gives preference the forest rent between companies and the to companies most qualified from the public. Again, provided that competition environmental, social and economic is secured, this system would encourage viewpoint. The sole sourcing method does companies to create greater economic value not meet these objectives, and the Forest with less forest area, for example by reducing Code appropriately stipulates the use of an waste, diversifying the range of species used, auction system. and increasing the amount of processing. It would deter operators from opening up There is a whole host of auction systems, large concessions and creaming off the best but one that suits the specific features of the species, and from keeping excessively large DRC has yet to be worked out. Finding the areas for speculative purposes. right system will require careful preparation, pilot tests and iterative finetuning. The However, the auction process alone will existence of a mid-term allocation plan not bring about all the solutions. It is only will allow interested companies to prepare one piece of a more complex system, and themselves, for example by carrying out their it does entail some risks. If competition own forest surveys. Any available data on the and transparency are not secured it may quality of forests put up for auction should lead to collusion. If competition and be made public. The analysis of proposals transparency are secured only at the time of submitted by companies should be carried allocation, the higher price of concessions out by an interministerial committee open could prompt unscrupulous operators to to representatives of the private sector, civil take commitments and then not deliver, society and local communities, and it should to illegally harvest beyond the boundaries employ an independent observer.114 The that were awarded, or to engage in logging committee should consider a combination without any permit at all. That is why an of technical and financial criteria. A first auction system must be complemented with screening should be based on technical downstream monitoring and enforcement criteria that reflect the priorities of the to ensure that taxes are actually paid, social national policy in terms of local processing, responsibility agreements are delivered forest management, rural development, upon, and harvesting areas are complied and fiscal discipline. Sufficiently qualified with. applicants would be shortlisted, and the winner would then be decided by comparing To begin with, one option would be to test financial offers, an aspect that is less open to the system on smaller logging permits with personal judgment. The financial offer could a shorter time span in order to mitigate be used to determine the annual area tax, or risks and allow gradual finetuning.115 It rental fee, on top of the floor rate set by the will also be important that the level of the administration. This annual fee would hence area tax (proposed by the company at the vary from one concession to another. It time of the auction) be adjustable in order would reflect the value each concessionaire to reflect changes in transportation costs ascribes to his or her concession. It would and timber price over time (the concession include parameters that are difficult to is for 25 years).116 One option would be to | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda link the annual area fee to national indices preparation of their management plans and of transportation costs and timber market move towards certification. prices, and to annually adjust the area fee. The third reform pertains to local processing. The`exceptionalcases'forwhichsolesourcing Article 109 of the Forest Code, stipulating isallowedunderArticle83oftheCodeshould that 70 per cent of the timber should be be strictly limited to community forests and processed locally, could be enforced in the conservation concessions. Furthermore, form of a nationwide log export quota any new concession, regardless of its area, dividedupintosmallersubsetstobeallocated should be validated by the government, through a competitive and transparent not just the line ministry, to ensure checks process. This approach would give more and balances in the long-term allocation of leeway to companies' market strategies, public resources. while complying with the government's objective to create more jobs with the same Further economic reforms. The March level of harvest. 2004 decree framed fiscal reforms until 2007. After that initial phase the sector will The fourth reform pertains to the Forest have to continue adjusting. The first change Fund, which covers most operating costs to be taken into account is the shift to the of the forestry department. In 2004, in line auction system. For new concessions, the rate with the single national budget policy, the of the annual area fee will be determined by Forest Fund and other budgets pour ordre the winner's financial bid on top of a floor were converted into budgets annexes. The price that remains to be set. Furthermore, as plan is to later integrate them fully into the mentioned above, this fee could be indexed national budget. However, dissolving the to a reference price for tropical timber and to Forest Fund would risk further dismantling a transport cost index in order to tie taxation the weak forestry department. From a to the fluctuations of the international practical standpoint, this reform should take market and to improvements of the domestic place only once adequate budget funding is environment. secured for the forest department. The second reform pertains to the shift to Finally, the 2003 economic review forest management plans. The existing taxe suggested implementing a forest revenue sur le permis de coupe will become irrelevant enhancement programme. This would be as annual harvest areas will automatically a joint collaboration programme between be programmed by the forest management the Ministry of Finance and the Ministry of plan. This tax should be phased out and Environment to collect forest taxes. It would merged into the concession area fee. have three missions: to serve as a one-stop Furthermore, the concession area fee will shopforforesttaxes;toserveasaconsultation be limited to productive areas as delineated platform between the administration and the by the management plan. These two points private sector; and to ensure the economic should prompt operators to speed up the monitoring of the sector. chapter 4 the broader agenda This chapter outlines priorities for the next cooking, as well as for food, medicines and four to five years, in addition to the land- income. Accordingly, securing forest peoples' use planning approach and other reforms rights, while at the same time preventing the described in Chapters 2 and 3. In the still depletion of the natural resource base, is a shaky reunification context this broader prerequisite to reducing poverty. Making agenda remains pragmatic. It combines the harvesting of fuelwood, bushmeat, and urgency, priority and capacity. other non-timber products more sustainable and economically fair, must be at the heart 4.A. integrAting of the DRC's poverty reduction strategy. The forests PRSP also recognises that potential benefits into the mAin deveLopment from the timber industry will not come frAmeworks automatically. If the environmental, social and economic mechanisms fail to work Poverty Reduction Strategy. The Congolese properly, natural resources are likely to be Poverty Reduction Strategy Paper (RDC depleted without proportional improvement 2006) highlights forests as a key sector for of the livelihoods of the poor. There is a reducing poverty, and it integrates forest risk that forest-based benefits will remain priorities into the country's overall agenda. marginal for forest-dependent people, who The Poverty Reduction Strategy Paper are often among the poorest and have few (PRSP) is based on three pillars: good alternatives for development. This is why governance, shared growth, and community regulating the forest sector must also be at development. The forest agenda is linked to the heart of the DRC's poverty reduction each of them: it aims to foster transparency strategy. and law enforcement as key elements of good governance, to ensure equitable access Regional integration and international to forest resources and equitable sharing of agendas. Regional integration and benefits, and to promote local development international agendas are two relevant ways through community forests and other forward for a country that was isolated from mechanisms. international dynamics for more than a decade, although the size of its forests makes The PRSP recognises that most rural people it a natural leader in Africa in this area. Given in the DRC rely on forests for heating and the fragility of the post-conflict transition, 6 | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda the collapse of institutions and the weight of accompany the development of the sector vested interests, the DRC may not be able for the next ten to fifteen years, and would to implement its new policies on its own. be subdivided into annual action plans. As Success will also depend on the quality of much as possible, the programme should partnerships with other governments and be executed through perennial structures with other public and private stakeholders. in order to improve their planning, Taking part in international initiatives will administrative and financial management be a decisive step for the DRC's return to capacities. It should use and improve the international arena and to show its country systems, rather than replace them. commitment towards objectives shared with It should be prepared and implemented in other countries.117 a flexible and participatory manner. Civil society and local communities should be The DRC has much to gain from closer directlyinvolvedinplanning,implementing cooperation with its Central African and monitoring. The programme would neighbours. Two Central African Heads serve as a common strategic framework of States Summits on Forest, in 1999 and for all stakeholders. It would help avoid 2005, led to the adoption of the Declaration duplications and develop synergies between of Yaoundé, the creation of the Commission projects while preserving each partner's des Forêts d'Afrique Centrale (COMIFAC), autonomy. Provincial forest plans should and the signing of a Regional Forest Treaty be developed by the provincial advisory in 2005. COMIFAC reports directly to the councils in order to adjust the national Heads of States. Impetus for cooperation is policy to the specificities of each province. emerging at regional level, and the DRC can benefit from this. The DRC is also involved in Such a programme should include a the Congo Basin Forest Partnership (CBFP). combination of policy and capacity These forums make it possible to share building efforts. It should further tighten experiences with neighbouring countries the links between forests and crosscutting and to better coordinate international governance and development programmes. assistance.118 Forest reforms will have a greater chance of success and a greater impact if linked A national, multidonor programme for to broader institutional and economic forests and nature conservation. With the programmes in the country. Ideally, such a return of peace, international cooperation is sector programme would use multidonor picking up. The poverty of the Congolese financing instruments. Some of the financial population and the uniqueness of the Congo support should be disbursed on the basis of Basin for the global environment call for achievements rather than inputs. strong engagement. Because of the scope and complexity of the challenge, the DRC and its partners should ensure that all projects in 4.b. rebuiLding institutions this sector fit together within the framework of a coherent sectorwide programme. Even assuming that the priority reform agenda is fully carried out, the chances of its Such a programme should cover the entire success in the field are rather low due to the forestandbiodiversitysectorthroughoutthe current deficiencies of the forest department. country. It should aim to strengthen both This is a recurrent problem in Africa. But in government and civil society institutions, the DRC, wars and institutional collapse including local communities and minority have aggravated this problem more than or vulnerable groups such as the Pygmies. It anywhere else. should also aim at bridging the gap between sound policies and lack of implementation Creating or rebuilding national structures to on the ground. This programme would monitor forests is a major challenge. There is Chapter ­ The Broader Agenda | a considerable gap between the institutional in charge of forests and nature conservation. capacity needed to fully implement the The review should assess existing institutions, Forest Code and what can reasonably be suggest adjustments to the institutional set expected in terms of institutional capacity up and to the incentive framework, and and human resources within the next five outline a specific programme for training, to ten years. The danger on the ground is equipment and technical assistance. It will be that the Forest Code's most positive aspects important to focus these institutions in line might not be enforced, while other less with their core regulatory functions, and to desirable aspects could be applied regardless restore their ability to fulfil such duties, while of the laws and decrees. The entire approach, fostering the full involvement of NGOs, including participatory land-use planning, universities, other civil society organisations, management plans, community forests and and local and provincial authorities. This law enforcement, obviously requires better institutional rehabilitation strategy should trained and better equipped personnel than be defined in connection with the country's is the case today, as well as a cooperation overall public sector reform. framework that brings together NGOs and central, provincial and local authorities. This Somepillarsoftheinstitutionalrehabilitation won't happen in a day. The country and its strategy can be outlined. First, the issue of development partners must invest in these civil servants' incentive framework will need areas immediately if they hope to see progress to be addressed if these people are to do their over the next decade. jobs properly. Current wages in the public service are unrewarding, and they will need In the long term. A comprehensive to be readjusted. Initially, this can be done institutional review is needed to help design through performance bonuses for teams in an overall strategy to reinforce the agencies charge of sensitive missions. Performance 20 ©Filip Verbelen The regional forest office of Mbandaka, Equateur. Law enforcement is almost nonexistent. Institutional strengthening and third-party monitoring are top priorities. 8 | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda evaluation and promotion systems also 4.C. fostering smALL sCALe - need improvement. Second, there is the deveLopment initiAtives issue of academic training and retraining. The current generation of forest staff is Assisting small-scale forest-based nearing retirement and replacements are enterprises. Millions of poor people earn not ready. Human resources development a major portion of their cash income should include the support of universities from harvesting, transporting, processing such as those in Kinshasa and Kisangani. and trading bushmeat, timber and other It is also critical to interlink provincial forest products. Many of these activities and central forest services, which have provide good prospects for improving remained apart for a decade, and to their livelihoods, as demand from urban provide field staff with on-the-job training. markets increases. The most important Third, the strategy should give priority to actions that the government, NGOs and the key functions such as enforcing laws and international community can take to reduce activating participatory processes. Fourth, poverty are to support these small-scale it will be necessary to provide equipment commercial activities and help them become and rehabilitate infrastructures. However, more sustainable. equipment and infrastructure should come in support of specific missions and Most of the constraints that small-scale not as an end in themselves. Furthermore, forest-based enterprises face are similar to considering the state of collapse inside the those faced by other small enterprises in the country, these programmes will have to DRC: difficulties in accessing capital and follow the pace of rehabilitation in other markets; lack of information, training and sectors. Fifth, it is important to rebuild infrastructure; lack of strong associations; the public institutions' capacity to manage and bureaucratic hassles. Furthermore, financial resources properly, prepare annual forest enterprises are burdened by high work plans, and to ensure monitoring and transportation costs. The same sort of evaluation. programmes used for small-scale enterprises in other sectors should be transposable to In the short term. Rebuilding public the forest sector and go a long way towards institutions in the DRC is a long-term removing some of these constraints and task, yet immediate challenges need to increasing the most destitute households' be addressed. It will take a creative and incomes. pragmatic approach to simultaneously deal with the emergencies and the long However, many small-scale forest-based term. For example, independent forest activities also raise issues related to the monitoring will be crucial to tackle illegal sustainability of the natural resource base logging in the short term. This should help uponwhichtheyrely.Manyoftheseactivities forest officials fulfil their core duties, by are also illegal or of ambiguous legality providing transparency, training and advice concerning the environment, land tenure on methodologies. By doing so, it would and taxation. Experience shows that it is also contribute to long-term institutional practicallyimpossible(andoftenundesirable) strengthening. Another challenge under to try to regulate small-scale forest-based the difficult budget constraint is to secure activitiesincontextswheregovernmentshave adequate and regular budgetary allocation weak institutional capacity. The outcome for the Ministry of Environment and the is almost always increased corruption and Institute for Nature Conservation. Failing lower incomes for households, with hardly to do so would make it difficult for them to any improvement in management of the regain stewardship of a public heritage they natural resource base. It is generally a much are supposed to take care of and that could better approach to recognise, organise degrade rapidly. and educate the people involved and to Chapter ­ The Broader Agenda | 21 ©Kim S. Gjerstad Small-scale forest-based business. Millions of poor people earn a major portion of their cash income from harvesting, transporting, processing and trading bushmeat, timber and other forest products. provide advantages, such as access to credit, latter to evade their fiscal and environmental infrastructure and information, to those that responsibilities. This problem has no simple comply with minimal environmental norms. solution. It is important, however, that such If progress is to be made, it is important that partnerships be facilitated and monitored. regulations and programmes in the field adopt this philosophy. Whatever regulatory Any successful programme with small-scale framework exists, it will need to be simple forest-based enterprises will require a much enough so that it can be applied by poorly greater understanding of the sector than is trained and poorly equipped government currentlythecase.Moreanalyticalwork,local officials and by often poor and illiterate consultations and pilot projects are needed households. One key question will be how to in this area. It will also require an adaptive encourage partnerships between small family approach that continuously integrates new or community enterprises and larger, more experiences, as well as distinct solutions structured companies, without allowing the relevant to the specific ecological, social 60 | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda and economic contexts across the country. it will be necessary to keep companies from The DRC is too large and too diverse to using community forests as a strategy to implement the same approach successfully avoid compliance with environmental, fiscal throughout its entire territory. and administrative requirements that apply to non-community forests. Promoting community forests. The Forest Code represents a significant step The mechanisms put in place must also forward in recognising local communities' specify who has the right to establish rights to manage the forests that they have community concessions and through what traditionally used and lived in, in the form means, who represents the community, of community forests or `local community and the community's rights to exclude or concessions'. However, the practical effects transfer rights to other players. The incentive of this measure will depend on the exact framework must take account of the regulations and implementation in the common-resource dimension. Community field. The key to success will be to identify forests may not automatically be managed mechanisms that are simple enough for in the community's interest--there might communities (including Pygmies), local be an incentive for influential members of authorities and government field personnel the community to pursue personal interests toimplement.Otherwisecommunityforests rather than collective ones, especially in are likely to be limited to a small number rainforest areas where commercial timber of isolated cases supported by donors, and has high financial value. Mechanisms should will be too costly for large-scale replication also include provisions for resolving any or are likely to be misappropriated by local conflicts that arise with other users or with elites. local governing bodies. They should take into account the regional variations within The DRC can learn a great deal about such the country. A variety of models will apply mechanisms from a number of East African to the diversity of rainforests, mountain and and Sahelian countries, such as Tanzania, dryland regions. Mozambique, Mali and Sudan. Cameroon's experience with community forests is also Special attention should be paid to the important for the DRC, as the existence of indigenous forest peoples. As discussed high-value timber in Central Africa leads to above, modernisation as it occurs in the more tensions and complexity than it does DRC context risks making them more in dry or mountain areas. Some questions marginalised and poorer as compared to that will need to be resolved are: whether other groups. Development priorities for community forests should be subject the indigenous peoples seem to include: to the same sustainable management the continuation of traditional hunting and requirements as industrial concessions; gathering, secured access to agricultural whether community forests should be part land, preservation of their cultural heritage, of the permanent or of the non-permanent equal access to education, health and forest estate; compatibility of community other services, and equal representation forests with the Pygmies' non-sedentary in decision-making bodies at local and life; whether to authorise industrial national level. New forest policies should exploitation if the communities so desire; actively help achieve some of these and what taxation system should apply. The priorities, especially with regard to the DRC should consider a system that allows formal recognition of traditional rights, the local communities a right of refusal before participation in decision-making bodies any logging permit is allocated in their and in land-use planning processes, and neighbourhood. While in some cases it equal opportunities to manage community might be desirable to promote partnerships forests and to access economic benefits between companies and local communities, resulting from other forest uses. Chapter ­ The Broader Agenda |6 The international community can play a key parks; halting intense poaching by armed role in helping the DRC to fully capitalise bands; re-examining the boundaries of on experiences in Africa and worldwide, parks in a participatory manner; restoring and in developing its own models. It can positive relations with local communities help assess the existing customary rights by supporting job-generating activities and and land tenure systems in different regions community management; and resettling across the country, and it should also aid militias and gold miners recently settled in the government and NGOs to pilot legally the parks and providing them with better recognised community-based management living conditions and alternative sources of models in the field, using replicable models. income outside the parks. Partnerships with More analytical work, local consultations, NGOs and private companies may prove a policy dialogue, and pilot projects are needed wise approach especially in situations where to that end. ICCN is unable to cope with the speed and intensity of threats such as large-scale 4.d. preserving poaching.119 biodiversity Extending the network of protected areas. Rehabilitating protected areas. The first Another pillar of the ICCN strategy is to priorityoftheNationalConservationStrategy reassess the entire network of protected is to rehabilitate the existing national parks areas with a view to establishing new ones and World Heritage Sites. In doing so, it will or downgrading those that have suffered bepossibletocapitaliseontheeffortsmadeby irreversible damage. This effort would help ICCN and its NGO partners during the war. make progress towards the target of 15 per All parks were badly damaged, but in many cent of the country under protection, as set casesimmediateeffortscouldpotentiallycurb by the Forest Code. The network should the loss of biodiversity. Efforts should focus be representative of the country's range on sites that show the highest probability of of natural habitats and species, and take success. Priority actions include: restoring account of the rarity of those habitats and basic staffing, facilities and presence in the species at the global level. This will require box 8. the Virunga national park and its buffer zone--calling for synergies Established in 1925, Virunga is the oldest park in Africa. It is a major biodiversity hotspot and centre of endemism in Africa. It includes a unique range of landscapes: volcanoes, savannahs, lakes, forests and glaciers. Its surroundings are also one of the most densely populated areas of the DRC. Adjacent to Rwanda and Uganda, this region is among those that have suffered the most from the conflicts. Its population paid a heavy toll and accommodated more than one million Rwandan refugees. The guards were disarmed and left on their own, while the park was occupied by various militias and armed groups. Today, the park suffers from encroachment by agriculture, livestock and fuelwood harvesting by a population devastated by the war and with no alternatives, and from heavy poaching by uncontrolled armed groups. Although the impact of the war on wildlife was disastrous, significant numbers of the charismatic mountain gorillas survived and the potential for ecotourism remains high. In fact, this park and its buffer zone illustrate many of the challenges facing the post-conflict DRC. It could also be a ground for transborder cooperation between the DRC, Rwanda and Uganda on a relatively consensual topic. Basic transboundary collaboration efforts were undertaken during the war, and the`peace park'concept may prove relevant here. All stakeholders agree that the park's rehabilitation and rural development in its buffer zone are top priorities. If well managed, the park could contribute to the recovery of the local economy and the wellbeing of communities through activities such as fishing in Lake Edward, gorilla tourism, and development programmes connected to conservation projects.This complex endeavour requires close cooperation among the ICCN, other public institutions, local authorities, civil society groups, traditional leaders, and development partners. One key measure will be to support and expand the multistakeholder Site Coordination Committee. Success can only come from strong endorsement by local populations as well as from an integrated approach among development partners. Source: Jean-Pierre d'Huart. 6 | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda a gap analysis of the existing network, in managed reserves and private partnerships. which some of the country's ecosystems Such approaches would strengthen the may be under-represented. It will also sustainability of biodiversity protection require remote sensing and socioeconomic efforts, and increase the area over which surveys to identify potential sites, as biodiversity is protected. well as in-depth local consultations and participatory mapping to ensure that any First, in some cases, nature reserves are new protected area reflects local peoples' set up by communities (see Box 9).121 perceptions, respects users' rights, and is Building upon customary rights, and with based on prior, free and informed consent. assistance of local or international NGOs, Various types of protected area should be local communities develop rules on forest considered, including innovative ones such uses and boundaries; have them recognised as community-managed nature reserves. by the State; and take responsibility for enforcement. A basic principle is that Preserving biodiversity outside protected industrial uses and commercial hunting areas. The protection of biodiversity should are precluded. Key steps in the process not be limited to formally protected areas. include the participatory mapping of user These areas are likely to remain quite limited rights, negotiation and demarcation of in scope compared to other land uses, and areas, and signing of agreements with local they will struggle to survive in isolation or national governing bodies. More efforts from other landscapes. For some time are needed along these lines. Community now, the government and its partners have nature reserves have the potential to attract been attempting to develop partnerships eco- and hunting tourism as a source of with villages, local administrations, and local revenue.122 In the DRC, this approach economic operators and civil society.120 Two can be developed around the concepts promising approaches relate to community- of community forests or private reserves box 9. the tayna community-based nature reserve--a novel approach in progress Two ethnic groups in North Kivu, the Batangi and Bamates, through customary governance, made a decision in 1998 to create a community-based conservation programme to preserve their biological heritage and to foster social development. With support of the Dian Fossey Gorilla Fund International, beginning in 2001 they created a local NGO, the Tayna Gorilla Reserve Project (RGT), while they conducted participatory mapping and created a zoning plan that included an integral protection zone of 900 km2, a 5 km buffer zone, and a development zone for the remainder of their two combined collectivités. After a five-year period of education and awareness-raising with the local population, and the development of a scientific programme for monitoring and protection, they entered into discussions with the Ministry of Environment and the ICCN in late 2005. These discussions, together with ongoing vetting with local stakeholders, resulted in a novel approach to community-based conservation that seems to respond to both local and national needs. In April 2006, the `Tayna Nature Reserve' was created by a decree of the Ministry of Environment, and the integral zone was officially integrated into the national network of protected areas. Importantly, however, the management of the reserve remained with the local communities through a long-term contract in which the government (through the Congolese Institute for Nature Conservation) subcontracts management of the reserve to the RGT. As this programme evolved from 2001 to 2005, another five neighbouring collectivités formed their own NGOs to create additional nature reserves; these NGOs are linked together in an umbrella federation called UGADEC (Union des Associations de Conservation des Gorilles pour le Développement Communautaire à l'Est de la RDC). A second ministerial decree created the Kisimba-Ikobo Nature Reserve with management subcontracted to ReCoPriBa, a local NGO member of UGADEC. Monitoring data since 2002 indicate that encounter rates for gorilla, chimpanzee and elephant increased during this period, while anthropogenic disturbance declined. These data suggest that when community conservation is linked with formal recognition of traditional rights, enforcement by local stakeholders and local development initiatives, this may be a formula for conservation success. Source: Patrick Mehlman, CI. Chapter ­ The Broader Agenda |6 22 ©Conr ad Aveling Silverback mountain gorilla, Gorilla gorilla berengei, Virunga mountains. introduced by the new Forest Code, and 4.e. rewArding environmentAL some may go on to become officially serviCes protected areas. This concept could apply to both forest and savannah areas. As discussed in earlier chapters, logging is not likely to become the prevailing forest use in Second, with regard to production forests, the DRC in terms of area or economic value. the concession contracts and management Thanks to the cancellation of 25.5 million plans should stipulate the outcomes that hectares of noncompliant concessions in companies commit to achieve in terms of 2002, the area officially open to logging wildlife protection. The basic commitment dropped from about one-half to about one- is that the company's operations do not quarter of the country's rainforest area. This lead to increased poaching as compared ratio is likely to decrease if the ongoing legal to a no-logging scenario. Public­private review of old logging titles is carried through partnerships should also be developed with properly, and if the moratorium is respected. hunting operators in game reserves and with This moratorium was extended by President tour operators in parks, reserves and other Kabila in October 2005. If and when suitable places, in both forest and savannah the moratorium is lifted, the DRC will areas. be encouraged to exercise extreme caution before allocating new concessions. Sustainability is also an issue for medicinal plants, forest fruits, other harvestable foods, Hence, there is space left in the DRC as well as building materials and fuelwood. to develop new forest uses, beyond the Any harvesting that involves destruction usual models of industrial logging, small- of the plant (removing whole root systems scale informal gathering and trade, and or completely stripping the bark from protected areas. Community management saplings) is likely to be unsustainable as should be developed, as discussed above. markets increase. Little is known about Other options based on environmental these topics, and new initiatives need to services and existence values could also address them. prove successful on socioeconomic and 6 | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda environmental grounds. Developing such and testing how such new mechanisms models and the financing mechanisms that can apply in practice to the DRC. A series willneed to accompanythemis a challengeto of international roundtable discussions the creativity of both the government and its involving academia, the public sector, and partners. Supply (on the Congolese side) and the private sector should be organised to demand (on the international community discuss the instruments that are currently side) for environmental services seem to available to make non-extractive forest uses exist, but the connections between the two an attractive proposition for the DRC, and do not seem to work effectively. Systems to draw on other countries' experiences. that can translate potential markets into Such international debate should also aim to economic benefits for the Congolese people raise new ideas and to start pilot initiatives remain to be identified and developed. Both between the DRC and interested public or public and private financing mechanisms private partners. It is also important that any need to be considered for that purpose. land-use planning effort proceeds carefully Several options deserve to be examined, and does not preclude the implementation such as: carbon sequestration,123 biological of new systems that might become available prospecting for pharmaceutical or cosmetic in the future. purposes, and conservation concessions.124 Combinations of these options should be The DRC's renewable natural resource base considered too, as well as combination with goes beyond rainforests. The DRC has the community-based management. largest freshwater resources in Africa and its hydroelectric potential ranks fourth in The DRC Forest Code is quite progressive. the world. These are precious resources that With explicit provisions for biological could be developed on a long-term basis. prospecting, conservation concessions, and Water resources--the sustainability of which environmental services (Articles 87, 96 also depends on forests--should be given and 119), it removes any ambiguity as to careful consideration. the feasibility of such mechanisms on legal grounds. 4.f. dryLAnd forests And The fact that there have not been many highLAnd eCosystems successful experiences in these areas so far in Central Africa should not discourage There are acute environmental and the DRC. The country has unique assets. social challenges in the dryland forests Thanks to the size of its forests, various (miombo) of the southern DRC, and even models are not in fierce competition with more in highland ecosystems in the East. each other--rather they can complement Demographic pressure is often higher in each other. As forests have been relatively these areas than in the Central Basin forests sheltered so far, owing to the lack of (Map 3), and these ecosystems are more security and transport, a whole range of exposed to deforestation and soil erosion options can still be considered. As long as due to their climate and topography. In fact, the moratorium and other key measures mostoftheseforestshavealreadybeenaltered of the priority agenda are complied with, by fire, agriculture and fuelwood harvesting opportunities that exist today will probably (Map 10). In many areas, these forests have remain open in the medium term.125 In the been replaced by human-affected vegetation meantime, financial mechanisms to reward types. non-extractive forest uses are likely to become more accessible. Dry forests, savannahs and mountain areas willbeagroforestry'sprimaryarea.Systematic In the short term, the DRC and its use of trees in agricultural systems would partners should be proactive in analysing make it possible to maintain soil fertility Chapter ­ The Broader Agenda|6 . basis earlyya ony ountrc the of fringe thern nor the as ellw asC DR southern the of mostt ffeca esfir Bush C. DR 1989. thein of es images fir VHRRA bushof on based (1995).al istributionD etet 10. Lapor apM e:c ourS 66 | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda 23 ©Kim S. Gjerstad Village of Magunda in the Itombwe highlands. while at the same time creating new sources meet urban demand, reduce pressure on of income for villagers. In such areas, the natural forests, and be eligible for payments government should also foster community- against carbon credits. based fuelwood management systems that can simultaneously help protect forests, Overall, the knowledge base on dryland improve local livelihoods, and supply and mountain forests in the DRC remains market demands. limited.Moredatagathering,analyticalwork, consultations and mapping will be necessary Tree plantations should be encouraged to help design policies and programmes that in the dryland and mountain ecosystems. can address the critical issues at hand. Any plantation policy should include securing property rights over trees, and the Although the priority agenda analysed possibility of transferring private forests. in previous chapters focuses mostly on Plantations should be established by private rainforests, this last section shows that the and community operators who would scope of challenges for protecting forests and own them, while the government would improving forest peoples' livelihoods in the play an advisory and support role. Tree DRC goes far beyond rainforests. Savannah, planting could most certainly benefit from woodland, aquatic and highland ecosystems the emerging carbon market. For example, will require much greater levels of attention savannah areas in the vicinity of Kinshasa from Congolese decision makers and have a potential for developing fuelwood development partners than has been the case and timber plantations that would help so far. Chapter ­ The Broader Agenda |6 box 10. Fuelwood management--the domestic energy strategy in niger Wood is the main source of domestic energy in Niger, as in the DRC. It is a staple commodity for rapidly growing urban populations, with an annual turnover of approximately 20 million dollars. Until recently this sector was being neglected. Destructive harvesting practices were damaging forests. Traders and transporters captured most of the profits, and rural populations saw little incentive to manage woodlands sustainably. The Domestic Energy Strategy adopted in 1992 aimed at supplying urban markets, improving management of woodlands, and dividing the benefits more equitably. Methods included rationalising urban demand, developing simple management tools, and transferring forest management to rural communities. The strategy acted on both supply and demand (energy savings, diversification of energy sources, upgrading heating and cooking methods) and at various spatial levels (from one village to one city's supply area). Village forests are based on management contracts between the government and local communities, which give local communities exclusive rights over their resources. Each forest is delimited and permanent, and is the subject of land titling. Forest management is based on land-use plans and annual logging quotas. The strategy is also based on economic incentives rather than on prohibitions and regulations. For each rural market, a local structure is in charge of marketing the wood harvested by villagers.Tax collection by the local structure (in rural market areas) proves more efficient than collection by the forest department (elsewhere). Revenues from rural markets are divided up among the community, the district, the forest fund, and the State.To be viable, this system must be as simple as possible and based on rules that are understandable and applicable by all. The cost of managing village forests in Niger is less than 5 dollars per hectare and it can be covered by the sector's tax revenues. Source: Pierre Montagne and Alain Bertrand, CIRAD. 24 ©Conr ad Aveling Charcoal making in the miombo forest of southern DRC and Zambia. Dry forests and mountain ecosystems are highly vulnerable to fuelwood harvesting and soil degradation. endnotes 1 The GDP was estimated 762 million dollars in 2005. documents numerous species of insects as an important source of food in the DRC. 2 The World Bank Institute's `rule of law' index (which ranges from ­2 to +2) is estimated at ­1.76 for the DRC 9 Hart and Hart (1986) estimated the Mbuti and Efe (Kaufmann et al. 2006). The Transparency International's groups of the eastern DRC at around 35,000. `corruption perception' index (which ranges from 1.0 to 10.0) is estimated at 2.0 for the DRC.The DRC ranks 156th 10 A similar analysis in the dry forests of Katanga out of 163 countries scored against that index. (www. found that traditional forest uses exercised by a low transparency.org/policy_research/surveys_indices/ human density were compatible with environmental cpi/2006). sustainability (Malaisse 2001). 3 This does not apply to the fertile and densely 11 Northern white rhino (Ceratotherium simum cottoni); populated lands of the Kivu provinces, which have, on mountain gorilla (Gorilla gorilla beringei); okapi (Okapia the contrary, been subjected to conflicts. johnstoni); eastern lowland gorilla (Gorilla gorilla graueri); bonobo (Pan paniscus); African forest elephant 4 No information was found on the intensity of informal (Loxodonta (africana) cyclotis). logging in the miombo forests of Katanga. 12 References for these indexes: `Frontier Forests' 5 Lumbwe (2001) reports that the number of small- (Bryant et al. 1997); `Priority Sites' (www.worldwildlife. scale loggers based in Kinshasa rose from 450 in 1996 org/wildplaces/about.cfm); `Wild Places' (www. to 800 in 2000. Djiré's (2003) estimates for small-scale savingwildplaces.com); `Hotspots' and `Wilderness production are about three times higher, around Areas' (www.biodiversityhotspots.org/xp/Hotspots/ 2400. hotspotsScience/). 6 Household surveys have found that rural people 13 Valuable species often taken into account in forest consume an average of between 40 and 130 grams inventories are: doussie (Afzelia spp.), iroko (Milicia of bushmeat per day, while urban people consume excelsa), ebene (Diospyros spp.), tiama (Entandrophragma 10 grams per day (Chardonnet et al. 1995; Wilkie and angolense), kossipo (Entandrophragma candollei), sipo Carpenter 1999; Fa et al. 2003; de Merode et al. 2004). In (Entandrophragma utile), acajou (Khaya anthotheca), comparison, DRC's population consumes an estimated wenge (Milletia laurentii), afromosia (Pericopsis elata) 700,000 tonnes of fish yearly (Aveling et al. 2005), that is, and limba (Terminalia superba) (often grouped as Class half the consumption of meat. 1); and aniegre (Aningeria spp.), mukulungu (Autranella congolensis), bombax (Bombax spp.), longhi (Gambeya 7 Wilkie and Carpenter (1999) show 897 kg per square spp.), tola (Gossweilerodendron balsamiferum), bosse kilometre for the DRC against an average 290 kg for (Guarea spp.), bubinga (Guibourtia demeusei), dibetou Cameroon, Central African Republic, Equatorial Guinea, (Lovoa trichilioides), bilinga (Nauclea spp.), angueuk Gabon and the Republic of Congo combined. (Ongokea gore), tchitola (Oxystigma oxyphyllum), padouk (Pterocarpus soyauxii), ilomba (Pycnanthus angolensis) 8 Latham (2002) claims that 40 per cent of the country's and niove (Staudtia kamerunensis) (often grouped as animal protein comes from caterpillars. Malaisse (1997) Class 2). 68 Endnotes |6 14 The process of nationalising expatriates'assets. about 200,000 cubic metres in 2004; and about 300,000 cubic metres in 2005. 15 Afromosia, wenge, limba, padouk, tola, iroko, sipo, sapelli, tiama, bosse, acajou and dibetou. 23 With the following implications: (a) the fact that estimates are gross means that they overestimate actual 16 Contracts require that companies harvest at least 10 benefits; (b) the fact that the estimates are of current cubic metres per hectare, which companies themselves flowsmeansthat,totheextentthatthereareunexploited claim they do not comply with. potential benefits, they underestimate future flows, but to the extent that current use patterns are probably 17 This model is also known as`high-grading'. not sustainable (extracting too much, or extracting in damaging ways), they overestimate future flows; (c) the 18 The port of Matadi, just like the port of Boma, is built fact that the estimates are of the total flow of benefits in the estuary of the Congo River. It looks undersized obscures important distributional issues: some benefits considering the needs of the DRC, and it cannot be are received by very specific groups and some groups extended significantly as it is surrounded by the city. may receive few or no benefits (indeed they may have The lack of dredging prevents large ships from dropping costs imposed on them); and (d) the estimates do not tell anchor, which deprives the DRC of new markets and what the impact of deforestation would be--a reduction locksitinwithitstraditionalclients.Allgoodsconsidered, in forest cover would not reduce total benefits by an the port of Matadi is among the most expensive in the equivalent proportion. world, and ship owners usually prefer to go to Pointe- Noire, Libreville or Douala. Given these constraints, some 24 See Pagiola et al. (2004) for an in-depth discussion of companies have already developed their own timber the different approaches to valuing ecosystems, and the handling facilities in Matadi. Moving logs via Brazzaville way results can, or cannot, be used. and Pointe-Noire is another alternative, but it suffers from the same railway problems as on the DRC side. 25 Some studies estimate the value of flows per hectare, but that approach makes it difficult to extrapolate values 19 This bottleneck could have two effects. First, the to the national level, since the value of forest flows few companies on site that are currently starting up in a specific place does not apply consistently to the again might rapidly end up saturating the harbour. This entire country area. Moreover, the price of many forest could deter new operators from coming into the DRC, products varies depending on quality, point of sale, time or it could step up the opening of new export routes, of the year, and other factors. It is difficult to statistically for example by road to the north. In the first scenario, it quantifysuchvariationsusingthedatacurrentlyavailable would therefore be unjustified to open new concessions in the DRC. in addition to the existing ones: this would turn out to be a de facto moratorium and it would protect the 26 The only estimates that can be viewed as more or few companies already established in the DRC against less accurate are those pertaining to formal timber. This competition from newcomers. Second, the Matadi is the only forest product that is subject to a relatively bottleneck prompts loggers to process timber locally structured market and for which some basic statistical before exporting it in order to cut down on volumes and tools exist. somewhat reduce harbour congestion. But this entails the risk of industrialisation focused on volumes and not 27 Such methodological and data cautions are not on local added value, which is not optimal. uncommon in these types of assessments. Merlo and Croitoru (2005) make similar caveats for an economic 20 These routes are still very expensive today: valuation of Mediterranean forests. transportation from Beni to Mombassa costs 120­150 dollars per cubic metre. 28 Net profit and added value are the indicators most often used to assess the flows of forest goods and 21 The emergence of the DRC as a timber exporter does services. not seem to affect the global timber market. Assuming that the DRC exports 1­1.5 million cubic metres of logs 29 The gross added value is defined as the market value and processed wood in the next 5­10 years, this would minus the value of intermediate consumptions. The account for less than 2 per cent of the global trade. market value is defined as the value of the production, Furthermore, this gradual timeframe dismisses the i.e. the sale price multiplied by quantities sold. The possibility of a sudden market imbalance. Nevertheless, replacement value is defined as the price of the an increase in the DRC's offer could lead to a drop in the alternative good that would need to be acquired to price of some species. This would be the case for tola, replace the main one if it ceased to exist. Calculating with a market that is currently limited to a few European net profit and net added value requires data that are countries, making DRC producers captive for these not currently available in the DRC and assumptions countries. that cannot be substantiated. Calculating net profit implies that the marginal cost structure is well known, 22 Reported production was approximately 90,000 cubic which is not the case. Furthermore, working with net metres in 2002; about 150,000 cubic metres in 2003; added value requires knowing the obsolescence rate of 0 | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda the productive capital, while the gross added value (for 1 dollar to several thousand dollars per hectare for some timber)canbeestimatedfrombetterknowndata:freeon specific sites. However, more recent estimates place that board (f.o.b.) prices, as well as production, transportation value at about 1 dollar per hectare or less. Pearce and and processing costs. Puroshothaman (1995) calculated that the market value of the worldwide consumption of medicinal products of 30 The average selling price is estimated 220 dollars plant origin was an estimated 84 billion dollars per year per cubic metre for logs, and 510 dollars for sawn in 1985. timber (f.o.b. prices for a DRC-representative basket of species). To estimate the gross added value, one needs 38The cost of preventive or curative measures that to calculate the cost of intermediate consumptions such would need to be implemented if the forest ceased as fuel, spare parts and other consumables. By cross- to protect watersheds. This approach is theoretical. It referencing available information with similar data in implies a scenario of massive and rapid deforestation neighbouring countries, the following figures were which seems unlikely.This estimate only makes sense for obtained: 60 dollars per cubic metre for logs, 200 dollars marginal variations of goods and services (Pearce 2001). for exported processed wood, and 140 dollars for locally- sold processed wood. 39Lampietti and Dixon (1995) estimated these services tobeworthapproximately10dollarsperhectareperyear 31 Average market prices vary between 150 and 300 under average climatic, orographic and demographic dollars per cubic metre. An average price of 200 dollars conditions.ButaccordingtoRuitenbeek(1989)thisfigure was used in this calculation. This calculation also uses an is closer to 3 dollars per hectare per year in rainforests estimated 100 dollars of intermediate consumptions per in Cameroon. Here, we assume that a value close to 3 cubic metre. dollars per hectare per year applies on average to the 145 million hectares of the DRC forest area, which makes 32 This does not take account of cabinet-making up about half a billion dollars, and will be cited here as an activities taking place further down the line, which order of magnitude in the range 0.1 to 1 billion dollars. considerably increase the end-product value. 40In 1990, mountain gorilla tourism attracted 33 It is also assumed that this price applies to the whole approximately 10,000 visitors to the national parks of production including the share used by farmers and Virunga and Kahuzi-Biega. The Congolese Institute for charcoalmakersfortheirsubsistence.Infact,thisestimate Nature Conservation collected about 1 million dollars in is a mix of market value (for the share of fuelwood that entrance fees. If each visitor spent, say (on average), an is traded) and replacement cost (for the share that is extra 1000 dollars on transportation, accommodation consumed locally). This estimate is a theoretical one and miscellaneous costs, this represented a yearly since, in many cases, no alternative source of energy is turnover of approximately 10 million dollars. In Rwanda, available, and fuelwood cannot be replaced. a country where mountain gorillas also dwell, this form of tourism allegedly represented the main source of foreign 34 A similar order of magnitude of the market value income, more so than export crops such as coffee. comes out when calculating the price of the oil needed to produce energy equivalent to 72 million cubic metres 41At the time this review was being finalised, the DRC of wood (using an average retail price of 0.5 dollar per was preparing a carbon sink project for submission to litre, and the following coefficients: 10,300 kilocalories the World Bank's Bio-Carbon Fund. It is a 7000 hectare per kilogram with 20 per cent efficiency for oil and fuelwood and timber plantation on the Bateke savannah. 3500 kilocalories per kilogram with 5 per cent efficiency The plantation would store an estimated 2.4 million for wood). Information to calculate the added value of tonnes of carbon, of which about 1 million tonnes could fuelwood is lacking. be purchased at a price of about 3­4 dollars per tonne. 35 As for fuelwood, it is assumed that this price applies 42In theory, the potential remuneration from `avoided to the whole production including the share that is used deforestation' could be estimated by multiplying areas by hunters and their families for their subsistence. In fact, by carbon content and by unit price. According to as for fuelwood, this estimate is a mix of market value (for Brown and Pearce (1994), one hectare of natural tropical the share of bushmeat that is traded) and replacement forest contains an average of 283 tonnes of carbon, and cost (for the share that is consumed locally).This estimate its destruction leads to a reduced storage capacity of is a theoretical one since, in many cases, no alternative approximately 220 tonnes. The annual deforestation protein is available, and bushmeat cannot be replaced. rate in the DRC is estimated at 0.4 per cent (Laporte The same applies to other non-timber forest products. and Justice 2001) or 580,000 hectares per year. The compilation of carbon transactions over the last 10 36 Assuming an average market price of 0.6 dollar per years (http://ecosystemmarketplace.net) seems to kilogram. indicate that the carbon price is about 2.65 dollars per tonne. For the purpose of this exercise it is assumed 37 A compilation of studies by Simpson et al. (1994, that special measures make it possible to prevent 20 per 1996), Simpson and Craft (1996), and Rausser and Small cent of the deforestation in the DRC (or approximately (1998) suggests that such values vary from less than 115,000 hectares per year) through such efforts as Endnotes | stabilising agriculture, preventing fires, and reducing issue of sharing the forest rent between communities, fuelwood harvests. Under such assumptions, an order government and companies is examined in Chapter 3. of magnitude of the potential remuneration from `avoided deforestation' could be roughly estimated at 46For example, several timber species have important about 70 million dollars per year, although this approach non-timber values such as producing edible caterpillars, remains highly theoretical in present conditions. Also and a balanced approach is needed to reconcile timber this estimate does not take into account the cost of and non-timber uses. avoidance measures needed to reach that scenario, or other resulting benefits such as protecting biodiversity 47ThedraftForestCodeandtheunderlyingsectorpolicy and watersheds, and producing timber and non-timber were discussed during the Forums on Forest Policy and products. Another theoretical approach would consist of on Environmental Legislation held in Kinshasa in May assigning a value to the carbon stored in the Congolese and July 2000 (MECNEF 2000a, b). forests by calculating the cost of marginal damages (that is, the cost of repairs or prevention) that would be 48The Forest Code defines `local communities' as triggered by the massive release of all this carbon into `people organised in a traditional manner according to the atmosphere. However, such a calculation implies a custom and united by bonds of tribal or parental solidarity scenario of massive and rapid deforestation that seems that establish its internal consistency. A local community unlikely today in the DRC. Furthermore, this approach is further characterised by its attachment to a specific only makes sense for marginal variations of goods and territory'. The Forest Code seems to make no distinction services (Pearce 2001). between`local communities',`villages',`local populations' and`populations living on forest land'. 43 We are considering the sum of ongoing projects and those planned over the next five years--that is, 49Such remnants of the old system also appear in approximately 88 million dollars. Pearce (2001) reviewed Articles 115 and 116, which require the concessionaire severalstudiesinthisareaandconcludedthatsuchvalues to start exploitation within 18 months after the award of can reach significant levels for unique ecosystems (up to the concession. This provision probably aims to prevent 4400 dollars per hectare for the habitat of the Mexican speculation. However, in practice it runs the risk of spotted owl, according to Loomis and Ekstrand 1998), speeding up logging, and there are other possibilities for but become relatively modest once they are aggregated preventing speculation. at worldwide level and expressed per hectare. Kramer and Mercer (1997) estimated that each US household 50The Bakajika law was apparently meant to avoid would be willing to pay 21 to 31 dollars to protect 5 per land speculation by foreign interests. The permanent cent of the world's tropical rainforests. They consider the concessions created in 1973 are accessible to total area of tropical rainforests in the world to be 720 Congolese citizens only (Vundu and Kalambay personal million hectares. Their assumption is to collect a total of communication). 2.6 to 2.9 billion dollars, and then to invest that money into a fund offering 5 per cent interest, thus yielding 130 51Articles 9, 20 and 80 of the Code pave the way for to 140 million dollars annually. This would translate into the establishment of private forests, individually or a constant annual flow of approximately 4 dollars per collectively owned. First, trees planted by individual hectare to be protected. For the DRC this would represent people, local communities or decentralised entities an annual flow of approximately 16 million dollars, which belong to those who planted them; and second, comes close to the sum for conservation projects (18 forest located on a land concession belongs to the million dollars per year), but Kramer and Mercer (1997) concession holder. However, measures should be taken were only considering the US population, whereas to ensure that large land concessions do not become a conservation projects in the DRC reflect the willingness way of circumventing environmental, social and fiscal to pay from the international community in its entirety. regulations that apply to forest concessions, which are probably more binding. 44 This is consistent with other findings that the contribution of non-timber forest products to the 52Figures included in this paragraph only show regional income of the provinces of North-West and estimatedordersofmagnitude,tobeconsideredwiththe South-West Cameroon is 7.5 times more important greatest of care. However, they do give some indication than that of timber (CERUT and AIDEnvironment 1999). of the losses that the State and population could suffer if The estimates made in this section do not directly take they fail to capture a fair share of the forest rent or other account of the number of jobs related to each of these likely benefits. forest goods and services and, therefore, the total payroll and the impact on local households'income. 53 In Gabon, Cameroon and the Republic of Congo, the timber sector is one of the largest job providers after the 45 Another aspect of equity is the breakdown of profits public service. The formal sector provides approximately between the various stakeholders upstream and 12,000 direct jobs in Cameroon, with a production downstreamineachsector,forexamplebetweenhunters of approximately 2.5 million cubic metres, of which and sellers of bushmeat, or between small-scale loggers 90 per cent is processed locally. In Gabon, the timber and dealers at the warehouse. In the case of timber, the sector provides approximately 7000 direct jobs, with a | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda similar production level but with a lower level of local forests, whereas its forest population makes up 91 per processing. Direct jobs concern logging and processing. cent of the total forest population in the Congo Basin. In these three countries, the timber sector also generates These numbers seem to confirm that the DRC's forests an unspecified but substantial number of indirect jobs in are on average more densely populated than those of the areas of transportation, trade and services. other Congo Basin countries. 54 Not counting the jobs created by the harvesting, 60Congolese Institute of National Statistics; and UN transportation and trading of fuelwood and charcoal. common database (globalis.gvu.unu.edu). 55 This is based on the assumption of 2­3 million 61For example, this is the case in the region of Béni, hectares under concessions in each province, and of an where people tend to move from the densely populated area fee of 50 cents per hectare in 2007. These amounts Kivu to the still sparsely populated forest areas in are to be shared between provinces (25%) and territories Orientale province. (15%). 62MalaisseandBinzangi(1985)reportthatthedeforested 56 The number of people benefiting from these services area surrounding urban centres in southeastern DRC may be relatively modest compared to the DRC's total increases in radius by an average of 1 kilometre per population, but for these people such services are of year. For detailed analysis of fuelwood collection around critical importance as they live in remote areas, where Kinshasa, see Tshibangu (2001). there are often no other alternatives for a getting job, a road or a classroom. 63Proposals for new protected areas will probably come up as part of the proposed enlargement of the protected 57 Gabon and Cameroon initiated similar forest land- areas network, and proposals for new concessions as use planning efforts in the early 1990s that are still in part of the mid-term allocation plan.These proposals will progress. This undertaking requires intensive fieldwork most likely not be limited to pilot regions. and long consultation, review and approval processes. It is often dependent on the project cycles of international 64The generic terms `contract' and `concession' refer to aid. Realistically speaking, we are looking at a minimum AuthorisationstoProspect, LettersofIntent and Guarantees 10- to 15-year time span for the DRC. An analysis of of Supply in effect under the old forest regime, and to Cameroon's experience shows that the initial land- Forest Concessions in effect under the new Forest Code. use planning exercise was based mainly on remote sensing analysis, and demographic projections, but with 65A discrepancy of about 1.4 million hectares was insufficient in-the-field analysis of traditional systems of detected during the 2003 economic review. land tenure and access to resources. Another problem was that central and local authorities tended too often 66Old concessions include on average 30 per cent of to refer to the land-use plan as a cast-in-stone framework swamps, savannahs and village land (Chezeaux 2003). with a legal value, while it only has an indicative status and still needs to be negotiated at local level on a case- 67At an average production rate of 5 cubic metres per by-case basis for each piece of forest in the context of the hectare with a 30-year rotation, taking into account gazetting process. The gazetting process that followed a 30 per cent of non-productive areas. Under the same few years later highlighted these weaknesses through scenario, 43.5 million hectares would produce between local communities' claims. In many cases, boundaries 2.5 and 5 million cubic metres, while production in 2002 were adjusted to give more room for community forests was only 0.1 million cubic metres, i.e. one twenty-fifth to and the State's forest estate was reduced compared one-fiftieth of potential. to the initial plan. In 2006, following local discussions as part of the gazetting process, the total area for the 68A 200,000-hectare concession can produce an 45 concessions was reduced from the initial plan by estimated 30,000 cubic metres per year with a market about 180,000 hectares, i.e. about 6 per cent of the value of approximately 6 million dollars (assuming 30- total. Individual changes ranged from ­59% to +19%. year rotation, harvest of 5 cubic metres per hectare, f.o.b. The same applies to two recently-gazetted national price of 200 dollars per cubic metre). parks (Campo-Ma'an, Lobeke) where the initial area was reduced following the gazetting process. 69In such transactions the buyback price is probably set between the annual area fee to be paid to the 58 AlthoughArticle13eoftheForestCodecontainssome government in order to keep the concession (0.00143 ambiguity as to which categories of forests are formally dollar per hectare) and the price the new buyer is subject to gazetting, the process of local consultation, actually willing to pay for that forest. Clearly, there iterative refining of the limits, and formal enactment is a large negotiation margin and there is room for should systematically apply to all categories of forests, in substantial profit for the initial owner and the new buyer. line with Articles 15, 16, 84 of the Code. In practice all sorts of arrangements are possible. One example worth mentioning is that of a 200,000-hectare 59 Numbers published by Wilkie and Carpenter (1999) concession that was proposed as payment for a building show that the DRC has 64 per cent of the Congo Basin in Abidjan. Endnotes | 70 Article 95 of the Forest Code states: `Concession 80Exactly 25,516,455 hectares (Agence Congolaise de holders may not rent out, sell, exchange or give up forest Presse, Bulletin 188 dated 17 October 2002). concessions without the prior approval of the Minister or the President of the Republic, depending on the case'. 81According to the former regulation, Authorisations to However, this regulation is easily circumvented, for Prospect were valid for a maximum of one year. example through the sharing of a company's capital stock or through supply contracts. 82This decree was published in the Official Journal on 15 July 2004. 71 Provinces and territories, set to receive 40 per cent of the area fee, therefore lose 40 per cent of the foregone 83The exact numbers are: 17,966,374 hectares (Ministry revenue. of Environment's internal compendium); 19,403,498 hectares (Le Potentiel, 24 May 2003); 20,354,861 hectares 72 The secrecy of the unofficial market makes it hard (LaReferencePlus,3519,1November2005);and14,971,910 to assess the order of magnitude of foregone revenues. hectares (La Reference Plus, 3519, 1 November 2005). However, they can be approximated by multiplying the area in question by the difference between the official 84Exactly 4,604,550 hectares (see Agence Congolaise de area fee and the fee a company would be willing to offer Presse, Bulletin 188 of 17 October 2002, and Le Potentiel for that same forest should it be put in auction. If that of 24 May 2003).These figures do not take account of the difference amounted to, say, 1 dollar per hectare per year, discrepancies between the areas described in contracts and if the area concerned covered 10 million hectares, and the boundaries drawn on the maps attached to then this would mean an annual foregone revenue of 10 those contracts. Over 32 contracts such discrepancies million dollars for the State, provinces and territories. appear to amount to more than 1 million hectares. 73 On top of the 5­10 million hectares held by the dozen 85Ministerial decrees 68 and 69 of 11 October 2004; and or so companies which are operating now or are about 90, 92 and 93 of 13 December 2004. to restart. 86Even though the various types of `exchanges' do 74 A forest area of about 10 million hectares is probably not increase the total area under concessions, they enough to produce the volume of timber that the DRC actually end up opening new forests to logging, without transport network can supposedly handle in the next transparency and without consideration for other five to ten years. forest uses. Article 23 of the decree of October 2005 stipulates that: `This moratorium covers all acquisition of 75 DGRAD (General Directorate of Administrative and logging rights, including through exchange, relocation, or State Revenues), DGI (General Tax Directorate), DGF rehabilitation of former titles'. (Directorate of Forest Management, OCC (Congolese Control Office), OFIDA, (Customs and Excise Office), 87Article 92: `Except for pre-existing rights, no single ONATRA (National Transportation Office), OGEFREM person shall be granted forests exceeding 500,000 hectares (Maritime Freight Bureau), RVF (National River Authority) either in one or in several plots'. and the Marine Department. 88In 2003, the rate of 6.25 cents per hectare means that 76 Including forest taxes and parafiscal charges levied by concession holders must pay 12,500 dollars annually for publicly owned companies. This percentage is a proxy, a standard 200,000 hectare concession. In 2004, the 10- since some companies concluded individual agreements cent rate translated into an annual payment of 20,000 with ONATRA which may reduce the fees they actually dollars, and in 2007 the rate of 50 cents will represent pay to ONATRA. The f.o.b. is used as a reference for the a payment of 100,000 dollars annually. For 2003, the formal timber market value. government decided that only those concessions located in regions under `governmental' control would 77 In the past, this fee was used as an incentive for using be compelled to pay this area fee to take account of the the railway from Kinshasa to Matadi rather than the road, fact that other concessions had remained inaccessible but it no longer fits the reality in the DRC. The railway for most of the year. is dysfunctional, and most companies are compelled to use the road. 89The government did not select scenario 1 (status quo) as it believed it would have perpetuated the old 78 Although many makeshift taxes at local level fail to burdensome system in favour of a handful of individual appear in official balance sheets. interests. It also shunned scenario 2 as it did not address all the critical problems, and scenario 3 as it implied 79 Article 8 of contracts(Guarantees of Supply) stipulates changes that were too rapid and radical. that`logging companies shall be unconditionally subjected to the following obligations: 1. Maintaining the processing 90Interministerial decree of 17 March 2004 (Ministry plant in operation at the level stipulated in the contract; ... of Finance, Ministry of Transportation, Ministry of 4. Paying all forest taxes and fees as provided by current Environment,MinistryofIndustryandMinistryofForeign legislation'. Trade), published in the Official Journal on 15 April 2004. | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda The decree also includes the following measures. First, 95 See Article 19 of the decree. This issue is to be it reduces the other parafiscal charges: the river police considered in light of Article 44 of the Forest Code, which charge drops from 2 dollars to 0.1 dollar per tonne, and stipulates that traditional user rights are maintained in the OGEFREM charge drops from 0.5 per cent to 0.1 per all production forests, except for farming. Hence, it is cent of the f.o.b. value. Second, it includes provisions likely that pending issues will primarily concern overlaps for shifting to a stumpage tax based on market value between concessions and farmlands, as other user rights rather than one based on volume. Third, it also includes are maintained anyway. provisions to replace the f.o.b. reference with the EXW (ExWorks) reference for the stumpage and reforestation 96 Preparing forest management plans entails taxes in order to deduct transportation costs. EXW is a considerable inventory and mapping efforts, the cost of reference market value calculated on the basis of the which is estimated at 3 to 5 dollars per hectare according f.o.b. value by subtracting transportation costs, which to emerging standard practices in Central Africa. is justified when transportation costs are high and vary However, one can expect to see economies of scale in from one production site to another. Fourth, this decree the DRC due to the large size of concessions compared lowers taxes on tola and on secondary species, and to neighbouring countries. withdraws export duties on processed products. Fifth, once the management plan is approved, the area tax 97 The rotation is calculated as the time needed to will be limited to the productive part of the concession, regenerate the initial timber stock; or a ratio of it if one as delineated by the said management plan. Lastly, assumes that markets will evolve over time and will make it should be noted that the reforestation tax is levied it possible to harvest new species during the second in two instalments: one for the export of logs and the harvest cycle. other on the size of annual cutting areas. 98 Companies usually prefer short rotations as this 91 Disregarding individual arrangements that some means larger annual harvest areas and therefore larger companies concluded with ONATRA. annual timber supply for concessions of equivalent size. The forest department should determine an authorised 92 For a 30-year rotation with 5 cubic metres extracted range of rotations, most likely 30­60 years in the DRC. per hectare and an f.o.b. value of 200 dollars per cubic Within that range, a specific rotation could be calculated metre on average. With an annual area fee of 50 cents, at concession level based on inventories and other holding a 200,000 hectare concession costs 100,000 ecological or economic parameters. The actual size of dollars per year. Under a forest management regime, annual harvest areas may vary depending on the actual this area can produce about 30,000 cubic metres, distribution of timber throughout the concession. corresponding to an estimated market value of 6 million dollars, i.e. 60 times the area fee. 99 The minimum cutting diameters aim to maintain enough seed trees of the valuable species so as to 93 Article 5 of the presidential decree: `Checking the reconstitute (part of) the initial timber stock for the legal validity of contracts shall be carried out according second harvest cycle, and allow for natural regeneration to the legal and regulatory provisions in effect when of these species. The forest department should such contracts were signed... Any application pertaining determine the minimum thresholds to be complied to a contract in conflict with the legal and regulatory with throughout the country. Larger diameters could provisions in effect when the contract was signed shall be calculated at concession level, based on growth, be automatically denied'. Article 5 also states: `The mortality and population structure for each species, applicant's compliance with obligations stemming from when such data exist. his or her contracts shall in particular be checked against the following elements: (a) full payment of all forest area 100However, the extensive model that prevails in the DRC fees since 2003; (b) complying with concession boundaries is not reported to directly and irreversibly degrade the as defined by the contract and the topographical map natural forest cover, as corroborated by research in other attached to said contract; and (c) the existence of a African countries with similar harvesting levels of two processing unit and maintaining it in operation if provided or fewer stems per hectare (Bedel et al. 1998; Debroux for in the contract, except in cases of absolute necessity. 1998; Durrieu et al. 1998). On the contrary, a moderate Failing to comply with one of these three contractual increase in harvesting intensity per hectare, associated obligations shall result in denying the application and with the use of lesser-known species, could reduce rescinding the contract'. the size of annual harvesting areas, the opening up of new roads, and the associated poaching (Fredericksen 94 Article 10 of the Letters of Intent and Guarantees and Putz 2003; Sist et al. 2003). It would also foster the of Supply includes the following provisions: `Failure to regeneration of valuable species which are often light- comply with one of the clauses of this agreement shall demanding such as the Meliaceae (Hall et al. 2003a, b). result in the immediate and automatic cancellation of said agreement'. Article 118 of the Code stipulates that `any 101An alternative is to leave harvesting areas open for suspension of payment (of taxes) shall constitute a cause two or three years. In such a`sliding'system, two or three of forfeiture and result in the cancellation of the forest areas are operational simultaneously. Every year one concession contract'. area would close down, while another would open up. Endnotes | 102Such a cancellation clause was included in the old provinces. With a rate of 40 per cent, the forest sector is logging contracts. It should be carried over into all new in a special situation compared to other sectors. ones. 113Production was about 300,000 cubic metres in 2005, 103At the time this review was being finalised, about and has never exceeded 500,000 cubic metres in the 1.2 million hectares of natural forests were certified in past. Yet, under a forest management scheme, a total Cameroon, Gabon and the Republic of Congo under area of 20 million hectares would produce approximately the Keurhout and/or Forest Stewardship Council (FSC) 1.1­2.2 million cubic metres annually (30 to 60-year systems. Another 1.5 million hectares were in the process rotation, harvesting of 5 cubic metres per hectare taking of being certified in these countries. into account 30 per cent of non-productive areas). Even if the area under concessions dropped to about 10 104In well-functioning States, the State or its designate million hectares, potential production would still range provides social services throughout the country. In the between 0.8 and 1.6 million cubic metres (taking into DRC context, the cahier des charges makes up for the account that the 30 per cent of non-productive areas State's inability to provide such services in remote areas. would then be excluded), still enough to saturate the For the company, it should remain a predictable cost transport capacity. and be part of the package agreed upon at the time of awarding the concession contract. 114Such an observer has been used in Cameroon. It turned out to be essential for improving transparency 105Article 10 of the Letters of Intent and Guarantees and securing fairer competition between companies. of Supply includes the following provisions: `Failure to It also made it possible to iteratively refine the auction comply with one of the clauses of the agreement shall procedures. result in the immediate and automatic cancellation of said agreement'. Article 118 of the Forest Code stipulates that 115Thesesmallloggingpermitsshouldbegeographically `any suspension of payment (of taxes) shall, as a matter confined, unlike `standing timber permits' or `volume- of right, constitute a cause of forfeiture and result in the based permits' that are difficult to monitor, as shown cancellation of the forest concession contract'. by the abuse of the systems known as autorisation de récupération in Cameroon or coupes familiales in Gabon. 106Although the Extractive Industries Transparency Smallloggingpermitsmightevenbecometheoperational Initiative (EITI) is usually limited to minerals and oil, the frameworkofsmallandmedium-sizedcompanies.Inthat presidential decree of November 2005 provides that the case, specific forest management guidelines will need timber sector is also part of the Initiative, as implemented to be identified and lessons drawn from the system of by the DRC. ventes de coupe in Cameroon and petits permis in Gabon. Some arguments suggest that new concessions in the 107L'Observateur, 2199, 29 July 2005. DRC should be small and short, as technical and financial proposals in a post-conflict environment are likely to be 108For 2003 the area was 11,083,752 hectares (areas low, reflecting operators' caution in dealing with post- outside government control were exempted) and the conflict risks and poor infrastructures. According to this rate was 6.25 cents per hectare. For 2004, the area analysis, larger and longer concessions should only be was 22,710,426 hectares and the rate was 10 cents per allocated once political security and infrastructures have hectare. improved. On the other hand, long-term investors need long-term guarantee of supply, and forest management 109According to DGRAD, in 2003, seven companies could plans typically require sufficiently large areas and not be contacted because no telephone numbers or sufficiently long rotations, which seems to favour larger addresses were available. and longer concessions from the start. Such elements will need to be taken into account in the medium-term 110Exactly 2,082,866 hectares, Ministry of Environment, planning. August 2005. 116In a post-conflict time when infrastructures are weak, 111In the DRC, the territory is the lowest level of public the value of forest is low. It will increase gradually as administration, that is, the smallest decentralised entity infrastructure and security improve. Auctioning long- with financial autonomy. There are 145 such territories term contracts in this context would probably result in in the DRC. A territory's population often reaches several relatively low offers reflecting the high level of risk and hundred thousand. The territory administrations are cost of transport, and which underestimate the value therefore distant from villages, especially considering the of forests under future conditions. If this annual fee poor state of communications. remains fixed for the next 25 years, the gap between the area fee and the real value of forest is likely to 112Thetransferringofforestrevenuewillhavetobecarefully increase and to result in foregone revenues for the State coordinated with the new law on decentralisation, which and local entities. A calculation of such loss was not stipulates that 30 per cent of all revenues collected by the approximated in this study; however, it leads to the same central tax department (DGRAD) shall be relinquished to recommendation of being extremely careful before 6 | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda allocating new concessions in the present context in the The 11th Conference of Parties (COP) of the Kyoto DRC. Protocol (Montréal, November 2005) invited Parties and Observers to submit their views on emission reductions 117The DRC is a member of the International Tropical resulting from avoided deforestation. By March 2006, Timber Organization, founded in 1993, and a signatory some 34 submissions had been received. The Scientific to the 1992 Convention on Biological Diversity, the Advisory Council was asked to analyse these submissions 1992 United Nations Framework Convention on Climate and to report to the 13th COP in 2007. In the future, Change, the 1994 Desertification Convention, and the the DRC would probably benefit from bringing the 1968 African Convention on the Protection of Nature. debate one step further towards the concept of As part of its COMIFAC membership, the DRC would be avoided degradation. This would imply ethical, social or expected to ratify the 1971 International Convention biodiversity considerations in addition to mechanical on the Protection of Wetlands (Ramsar) and the 1973 carbon calculations. Convention on International Trade in Endangered Species (CITES). 124Although many of the details for implementing this approach have yet to be worked out, the general idea of 118For example, in March 2006, COMIFAC's Climate a conservation concession as provided for in the Forest Change Focal Points prepared a joint statement on Code is clear: by providing compensation, a conservation avoided deforestation for the attention of the 11th concession agreement would make the absence of Conference of Parties of the UNFCCC. With this initiative, logging economically attractive to the government and Central African countries stepped more forcefully to the local communities. It would offer reliable and into the global debate on carbon sequestration and steady compensation calibrated to offset the economic natural forests. It also introduces the concept of avoided impact of foregone timber industry, in exchange for degradation for consideration in future negotiations. the right to manage the area as a protected site. This would be a legally binding agreement. The specific 119In 2005, the ICCN engaged in an innovative public­ commitments of the parties would be negotiated private partnership by contracting out the management between the biodiversity investors, local communities of the Garamba national park to the African Parks and the government. In essence, such an agreement Foundation. The park was subject to extreme poaching would stipulate that the government will not open the pressure from Sudanese militias, driving the northern forest for logging as long as payments, support to local white rhino to the brink of extinction. A proposal to development, and conservation activities are delivered, translocate the few remaining rhinos to a safer place and vice versa, based on agreed-upon indicators and outside the country had been rejected. At the time that performance standards. Conservation concessions this review was being finalised, poaching had been would come in addition to the country's commitment reduced in key sections of the park, although it remains to establish formal protected areas such as parks and unclear whether the rhinos can be saved. reserves. They would be established in areas that could otherwise be allocated for logging. At the time this 120For example, in several`landscapes'defined as part of study was being finalised, conservation groups had the Congo Basin Forest Partnership (see Map 5). expressed an interest in establishing such a conservation concession in the DRC. This would be a pilot project for 121 For example, the community reserves of Tayna (in the Congo Basin. It should be noted however that, since eastern DRC) and Lossi (Congo-Brazzaville). 2000, the Government of Cameroon has set aside about 800,000 hectares of production forests with a view to 122 As in the CAMPFIRE programme in Zimbabwe, establishing such conservation concessions, but has not ADMADE in Zambia, and ECOFAC in Central African received any concrete proposals so far. Republic. 125Although programmes in infrastructure, mining or 123Natural forests are currently not eligible to carbon other sectors might gradually reduce the room for new markets. However, positive developments are underway. decisions on forest uses, as noted in Chapter 2. bibliographY Achard, F., Eva, H.D., Glinni, A., Mayaux, P., Stibig, H.J. Conflict timber, dimensions of the problem in Asia and Richards, T. 1998 Identification of deforestation and Africa. Report submitted to the USAID, 7­115. hotspots in the humid tropics. TREES publication ARD, Burlington, Vermont. series B, Research report No. 4. European Balmford, A., Moore, J.L., Brooks, T., Burgess, N., Hansen, Commission. L.A., Williams, P. and Rahbek, C. 2001 Conservation Amsini, F., Grossmann, F., Hart, J., Kibambe, C., Nyembo, conflicts across Africa. Science 291: 2616­2619. B. and Vyahavwa, C. 2004 Identifying conservation Bannon, I. and Collier, P. 2003 (eds.). Natural resources priorities for the recovery of the Maiko national park. and violent conflict: options and actions.World Bank, Post-conflict surveys of wildlife populations and Washington, DC. 409p. human impact. Technical Report Number 4. Wildlife Bedel, F., Durieu, L., Dupuy, B., Favrichon, V., Maître, H., Conservation Society. http://drcongo-wcs.org/files/ Bar-Hen, A. and Narboni, O. 1998 Dynamique de doc_file_1.pdf croissance des peuplements exploités et éclaircis Anonymous 2001 A river runs through it--The artery de forêt dense africaine, dispositif de M'Baiki en of the nation. Advertising Supplement. Infocus, République centrafricaine (1982­1995). Document Democratic Republic of Congo. The Washington FORAFRI. CIRAD, Montpellier. 72p. Post, 2 November. Bennet E.L., & Robinson J.G. 2000. Hunting of wildlife in Aveling,C.,Hall,J.andWilkie,D.2005DemocraticRepublic tropical forests ­ Implications for biodiversity and ofCongoConservation.WildlifeConservationSociety forest peoples. Environment Department Papers 76. (WCS). World Bank, Washington DC. Bahuchet, S. (ed.) 1993 Atlas des populations indigènes Bibby, C.J., Collar, N.J., Crosby, M.J., Heath, M.F., Imboden, des forêts denses humides. Projet CEE. http://lucy. C., Johnson, T.H., Long, A.J., Stattersfield, A.J. and ukc.ac.uk/Rainforest/ (2004). Thirgood, S.J. 1992 Putting biodiversity on the Bahuchet, S. (ed.) 1999 The situation of indigenous map: priority areas for global conservation. ICBP, peoples in tropical forests. Pilot report. Programme Cambridge, UK. Avenir des Peuples des Forêts Propicales. http://lucy. Biloso Moyene, A. and Kabuyaya, M. 2005 L'approche ukc.ac.uk/Sonja/RF/Ukpr/Report_c.htm (2004). participative du point de vue ethnoécologique Bahuchet, S. and Guillaume, H. 1982 Aka-Farmer relations en zones périurbaines de Kinshasa. http:// in the Northwest Congo Basin. In: Leacock, E. and www.congoforum.be/fr/ontwikkelingdetail. Lee, R.B. (eds.) Politics and history in band societies, asp?id=628&Ontwikkeling (Dec 2006). 189­211. Cambridge University Press. Biswas, A.K. and Tortajada, H.C. 1996 Environmental Bailey, R.C. 1985 The socio-ecology of Efe Pygmy men in impacts of the Rwandan refugees on Zaire. Ambio the Ituri Forest, Zaire. PhD Thesis, Harvard University 25(6): 403­408. Press. Blake, S. 2004 Preliminary information on elephant Bailey, R.C., Bahuchet, S. and Hewlett, B. 1990 poaching in regard to the MIKE Central African forest Development in Central African rainforest: concerns surveys. In: Monitoring of illegal hunting in range for forest peoples. World Bank, Washington, DC. States: COP 13: Document 29.3. Baker, M., Clausen, R., N'Goma, M., Roule,T. andThomson, Bravi, C. 2005 Essai d'évaluation économique des forêts J. 2003 Democratic Republic of Congo. Volume 3 of de la RDC. Technical report. FAO, Rome. 48p. 8 | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda Brown, J. and Pearce, D.W. 1994 The economic value of d'Huart, J-P. 2004 Rapport d'état des lieux sur les parcs carbonstorageintropicalforests.In:Weiss,J.(ed.)The nationaux de Virunga et Garamba. Technical report. economics of project appraisal and the environment, Congolese Institute for Nature Conservation, 102­123. Edward Elgar, Cheltenham. Kinshasa. 71p. Bryant, D., Nielsen, D. and Tangley, L. 1997 The last Djiré,A.2003Lesecteurinformelduboisd'oeuvre.Rapport frontier forests: ecosystems and economies on the d'appui à la revue économique du secteur forestier edge. World Resources Institute, Washington, DC. en RDC. Rapport technique, CIRAD. Ministère des Cavalli-Sforza, L.L. (ed.) 1986 African Pygmies. Academic Finances, République Démocratique du Congo. 42p. Press, New York. Durrieu, L., Forni, E., Karsenty, A., Loffeier E. and Pierre, CERUT and AIDEnvironment 1999 The wealth of forests J-M. 1998 Le projet d'aménagement pilote intégré in Cameroon. Results of field testing a methodology de Dimako, Cameroun. Document Forafri 7. CIRAD, for the valuation of non-timber forest products Montpellier. in North-West and South-West Cameroon. Center Dyson, M. 1992 Concern for Africa's forest peoples: a for the Environment and Rural Transformation, touchstone of a sustainable development policy. Limbe (Cameroon) and Advice and Research for In: Cleaver, K., Munasinghe, M., Dyson, M., Egli, Development and Environment, Amsterdam. 59p. N. and Peuker, A (eds.) Conservation of West and plus annexes. Central African Rainforests, 212­221. World Bank Chardonnet, P., Fritz, H., Zorzi, N. and Feron, E. 1995 Environmental Papers 1. Washington, DC. Current importance of traditional hunting and major Fa, J.E., Currie, D. and Meeuwig, J. 2003 Bushmeat contrasts in wild meat consumption in Sub-Saharan and food security in the Congo Basin: linkages Africa. In: Bissonette, J.A. and Krausman, P.R. (eds.) between wildlife and people's future. Environmental Integrating people and wildlife for a sustainable Conservation 30: 71­78. future. The Wildlife Society, USA, p. 304­307. Food and Agriculture Organization (FAO) 2001 Stratégie Chezeaux, E. 2003 Assistance à la revue économique de développement rural ­ Programme de relance du du secteur forestier en RDC: analyse du potentiel secteur forestier. Note de cadrage. FAO, Rome. 27p. forestier et des pratiques de gestion forestière. Food and Agriculture Organization (FAO) 2003 Forestry Forest Resources Management Technical Report. outlook study for Africa: subregional report for France, 48p. Central Africa. FAO, Rome. 62p. Chifundera, K. 2001 Contribution to the inventory of Food and Agriculture Organization (FAO) 2004 medicinal plants from the Bushi Area, South Kivu, Contribution des insectes de la foret à la sécurité DRC. Fitoterapia 72(4): 351­368. alimentaire : l'exemple des chenilles d'Afrique Cimanga, K., Kambu, K., Tona, L., Apers, S., De Bruyne, centrale. Programme des Produits forestières non T., Hermans, N., Totte, J., Pieters, L. and Vlietinck, A.J. ligneux, FAO, Rome. 2002 Correlation between chemical composition Food and Agriculture Organization (FAO) 2005 Forests and and antibacterial activity of essential oils of some war, forests and peace. 2005. In: State of the world's aromaticmedicinalplantsgrowingintheDemocratic forests, 116­123. FAO, Rome. Republic of Congo. Journal of Ethnopharmacology Forni, E. and Fauvet, N. 2004 Bilan des données 79(2): 213­220. disponibles en inventaire forestier en RDC. Technical Collier, P., Elliott, V., Hegre, H., Hoeffler, A., Reynal, M. and report. CIRAD, France. 13p. Sambanis, N. 2003 Breaking the conflict trap: civil war Fredericksen, T.S. and Putz, F.E. 2003 Silvicultural and development policy. World Bank, Washington, intensification for tropical forest conservation. DC. Biodiversity and Conservation 12: 1445­1453. Davis, S.D., Heywood, V.H and Hamilton, A.C. 1994 GlobalWitness 2002 Branching out: Zimbabwe's resource Centers of plant diversity: a guide and strategy for colonialism in DRC. Global Witness, London. their conservation. Vol. 1 Europe, Africa, South West Gray,J.A.2002Reviewofconcessionpoliciesandrevenue Asia and the Middle East. WWF and IUCN. systems: country experience and policy changes for Debroux, L. 1998 L'aménagement des forêts tropicales sustainable tropical forestry. Technical Paper No. fondé sur la gestion des populations d'arbres: 522, Forest Series. World Bank, Washington, DC. l'exemple du moabi (Baillonella toxisperma Pierre) Grinker, R.R. 1994 Houses in the rainforest--Ethnicity and dans la forêt du Dja, Cameroun. Thèse de doctorat. inequality among farmers and foragers in Central Faculté Universitaire des Sciences Agronomiques de Africa. University of California Press, Berkeley. Gembloux, Belgique. Grut, M, Gray, J.A, and Egli, N. 1991 Forest pricing and de Merode, E., Homewood, K. and Cowlishaw, G. 2004 concession policies: managing the high forests of The value of bushmeat and other wild foods to rural West and Central Africa. Technical Paper No. 143. households living in poverty in Democratic Republic World Bank, Washington DC. of Congo. Biological Conservation, 9p. Hall, J.S., Harris, D.J., Medjibe, V. and Ashton, P.M.S. 2003a Demey, R. and Louette, M. 2001 Democratic Republic of The effects of selective logging on forest structure Congo. In: Fishpool, L. and Evans, M. (eds.) Important and tree species composition in a Central African bird areas in Africa and associated islands: priority forest: implications for forest management of sites for conservation. Birdlife Conservation Series conservation areas. Forest Ecology and Management 11. BirdLife International, Cambridge, UK. 183: 249­264. Bibliography | Hall, J.S., Harris, D.J., Medjibe, V. and Ashton, P.M.S. Ipalaka,Y.J.1999Problématiquedel'allocationforestière 2003b Seedling growth of three co-occurring en République Démocratique du Congo. Workshop Entandrophragma species (Meliaceae) under on sustainable forest management, concessions, simulated light environments: implications for forest and certification. Yaounde, 1­2 September 1999. management in Central Africa. Forest Ecology and Centre National d'Information sur l'Environnement, Management 179: 135­144. RDC. Hansen, M., Defries, R.S., Townshend, J.R.G., Carroll, M., Jackson, D. 2004 Implementation of International Dimiceli C. and Sohlberg, R.A. 2003 Global percent Commitments on traditional forest-related tree cover at a spatial resolution of 500 meters: first knowledge: indigenous peoples' experiences in results of the MODIS vegetation continuous field Central Africa. Paper to Expert Meeting onTraditional algorithm. Earth Interactions 7(10): 1­15. http:// Forest-Related Knowledge in San Jose/Costa Rica, modis.umiacs.umd.edu/vcf.htm (2004) December 2004. Harako, R. 1988 The cultural ecology of hunting behavior Joint Statement 2005 Déclaration de la société among Mbuti Pygmies in the Ituri forest, Zaire. In: civile congolaise dans le secteur des forêts. Info- Harding, R.S.O. and Teleki, G. (eds.) Omnivorous Environnement 112. Kinshasa, 4 November 2005. primates: gathering and hunting--cultural ecology Joint statement by representatives of: Avocats Verts, of hunting behavior in human evolution, 499­555. CENADEP, GTF, GACC, Toges Noires, Femmes Juristes Columbia University Press, New York. pour le Développement du Congo, REFADD, AMAR, Hart, J.A. 2000 Impact and sustainability of indigenous CNONGD, AREC, Ocean, CEP, JPSC/CBFP, GEDI. huntingintheIturiForest,Congo-Zaire:acomparison Joint Statement 2006a Déclaration des organisations of un-hunted and hunted duiker populations. non gouvernementales internationales oeuvrant In: Robinson J. and Bennett E. (eds.) Hunting for pour la gestion durable des écosystèmes forestiers sustainability, 106-153. Columbia University Press. de la RDC dans le respect des droits et intérêts des Hart,T.B.andHart,J.A.1986Theecologicalbasisofhunter- communautéslocales.ForumsurlesforêtsdelaRDC, gatherer subsistence in African rainforests: the Mbuti 15 février 2006. Joint statement by representatives of eastern Zaire. Human Ecology 14: 29­55. of: First PeoplesWorldwide, Pro-Wildlife, Les Amis de Hart, T.B and Mwinyihali, R. 2001 Armed conflict and La Terre, Bretton Woods Project, Ecological Internet, biodiversity in Sub-Saharan Africa ­ the case of the Rettet den Regenwald, Coecoceiba-Amigos de la Democratic Republic of Congo. Unpublished report. Tierra, World Rainforest Movement, The Rainforest Biodiversity Support Program, Washington, DC. Foundation, African Wildlife Foundation, Robin Hewlett, B. 1996 Cultural diversity among African Wood, Pro-Regenwald, Earthlink, Care-International, Pygmies. In: Kent, C. (ed.) Cultural diversity among Arbeitsgemeinschaft Regenwald und Artenschutz, the twentieth century foragers, 215­244. Cambridge Environmental Defence, Friends of the Earth, World University Press. Wide Fund for Nature, Rainforest Action Network, Hibajene, S.H. and Ellegard, A. 1994 Charcoal Global Response, Forum Okologie & Papier, Global transportation and distribution: a study of Witness, Wildlife Conservation Society, Greenpeace the Lusaka market. Energy, Environment, and International, Urgewald, The Wasmoeth Wildlife DevelopmentSeriesno.33.StockholmEnvironment Foundation, Forest Monitor, Gesellschaft für Institute. Okologische Forschung. Hillman, K. and Smith, F. 2004 Status report on Joint Statement 2006b Déclaration de la société civile Garamba. Technical report. http://www.giconline. congolaise en rapport avec le processus des org/ (2004). réformes forestières en cours. Kinshasa, 13 April Ichikawa, M. 1986 Ecological bases of symbiosis, 2006. Joint statement by representatives of: Ocean, territoriality and intraband cooperation among the Avocats Verts, CENADEP/RRN, GTF, CNONGD, PGED/ Mbuti Pygmies. SUGIA 7(1): 161­188. PF, AED, RAPY, CIDB, UEFA/RAPY, ASADHO-Kinshasa, Ichikawa, M. 1991 The impact of commoditization on CDF-Kinshasa, COCOM, LAPROEND, Association des the Mbuti of Zaire. Senri Ethnological Studies 30: Mamans Artisanes, CEPECO-Bas Congo, ILDI, JPSC/ 135­162. CBFC, OAC/ACASE, GACC/REPEC, AMAR, CEDILO, Ichikawa, M. 1996 The co-existence of man and nature in CODHOD, MET, APPL. the Central African rainforest. In: Ellen, R. and Fukui, Kankolongo, G.S. 1996 Rapport national sur la politique K. (eds.) Redefining nature, 467­492. Berg Publishers, forestière au Zaïre. In: Politiques forestières d'un Oxford, UK and Gordonsville, VA, USA. certain nombre de pays d'Afrique. Étude FAO forêts Institut Congolais pour la Conservation de la Nature 132, 507­525. FAO, Rome. (ICCN) 2004 Stratégie de la conservation dans les Karsenty, A. 2001 Perspectives du nouveau projet de loi aires protégées de la République Démocratique du forestière de la RDC. Aide-mémoire de mission pour Congo. ICCN, Kinshasa. le WRI dans le cadre du Programme CARPE/USAID, International Finance Corporation (IFC). 2006. Doing Washington, DC. 26p. Business 2007. IFC, Washington, DC. Karsenty, A. 2002. Le rôle controversé de la fiscalité International Union for Conservation of Nature and forestière dans la gestion des forêts tropicales : l'état NaturalResources(IUCN)1996RedListofThreatened du débat et les perspectives en Afrique Centrale. Animals. IUCN, Cambridge, UK. In: Cahiers d'économie et sociologie rurales 64. 80 | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda Karsenty,A.2005.Lesenjeuxdesréformesdanslesecteur Lewis, J. 2000 The Batwa Pygmies of the Great Lakes forestier en Afrique Centrale. In: Cahiers du GEMDEV Region. Minority Rights Group International, 30, « Quel développement durable pour les pays en London. voie de développement ? ». Paris. Loomis, J. and Ekstrand, E. 1998 Alternative approaches Karsenty, A., Pousse, E., Roda, J.M., Chezeaux, E., Djire, A., for incorporating respondent uncertainty when Erdlenbruch, K., Molele, B., Liotet, S., Yambayamba estimatingwillingnesstopay:thecaseoftheMexican Shuku, N. and Amsini, F. 2003 Revue économique du spotted owl. Ecological Economics 27: 29­41. secteur forestier. Ministère de l'Environnement, des Lumbwe, B. 2001 Contribution de l'exploitation Affaires Foncières et du Tourisme & Ministère des forestière artisanale à la survie du secteur du bois Finances, Kinshasa, République Démocratique du en RDC. Thesis. Université de Kinshasa, République Congo. Démocratique du Congo, 69 p. Kaufmann,D.,Kraay,A.andMastruzzi,M.2006Governance Malaisse, F. 1997 Se nourrir en forêt claire africaine Matters V: Governance Indicators for 1996­2005. ­ Approche écologique et nutritionnelle. Presses World Bank Institute (WBI), Washington, DC. www. Agronomiques de Gembloux/CTA. 394p. worldbank.org/wbi/governance/govmatters5 (11 Malaisse, F. 2001 Lessons from the past for a better future: Dec 2006). ethno-ecology, a promising link between tradition Kinyanjui, M. 1987 Fueling Nairobi: the importance of and science regarding biodiversity management. small-scale charcoaling enterprises. Unasylva 39(3­ In: Science and tradition: roots and wings for 4): 17­28. development, 89­106. ARSOM/UNESCO. Kramer, R. and Mercer, E. 1997. Valuing a global Malaisse, F. and Binzangi, K. 1985 Wood as a source of environmental good: US residents' willingness to fuel in upper Shaba (Zaïre). Commonwealth Forestry pay to protect tropical rain forests. Land Economics. Review 64(3): 227­239. JSTOR. Mamingi, N., Chomitz, K.M, Gray, D.A. and Lambin, E.F. Kwokwo, B. 2000 Heading towards extinction? 1996 Spatial patterns of deforestation in Cameroon Indigenous rights in Africa: the case of theTwa of the and Zaire. Working Paper 8. Policy Research Kahuzi-Biega National Park, DRC. International Work Department, World Bank, Washington, DC. Group for Indigenous Affairs. Document No. 101, Massart, M., Eloy, S., Sintzoff, M. and Wilmet, J. n.d. Copenhagen. Study of the Zairian tropical forest: mapping of the Lampietti, N. and Dixon, J. 1995. To see the forest for vegetation types and understanding of the local the trees: a guide to non-timber forest benefits. factors of change. USAID, Washington, DC. Environment Department, World Bank, Washington, Mayaux, P., Bartholomé, E., Fritz, S. and Belward, A. 2004 DC. A new land-cover map of Africa for the year 2000. Laporte, N. and Justice, C. 2001 Deforestation in Central Journal of Biogeography 31(6): 861. Africa: significance and scale of deforestation. Issue Merlo, M. and Croitoru, L. (eds.) 2005 Valuing Brief no. 6. CARPE, Washington, DC. Mediterranean forests: towards total economic Laporte, N., Justice, C., Heinicke, M. and Lawrence, value. CABI, Wallingford, UK. B 1995 The use of time-series satellite data for Ministère de l'Environnement, Conservation de la characterization and monitoring of the seasonal Nature, Eaux et Forêts (MECNEF) 1977 Inventaire forests and savannas of Central Africa. Biodiversity forestier d'une partie de la Cuvette centrale, région Support Program, Washington, DC. 40p. de l'Equateur, République du Zaire. Technical report. Laporte, N., Goetz, S.J., Justice, C. and Heinicke, M. 1998 Gauthier, Poulin, Thierault Ltée. Agence Canadienne A new land cover map of Central Africa derived de Développement International, Québec. 73p. from multi-resolution, multi-temporal AVHRR Data. Ministère de l'Environnement, Conservation de la Nature, International Journal of Remote Sensing 19(18): Eaux et Forêts (MECNEF) 1986 Guide de l'exploitant 3537­3550. forestier : normes, procédures et règlements sur la Larson, B., Rogers, G., Larson, J.G. and Barnes, G. 1996 gestion des ressources forestières. Deuxième édition. Access to forests and child health in Zaire: theory and Kinshasa, 129p. basic empirical evidence. Journal of Forest Science Ministère de l'Environnement, Conservation de la Nature, 42(1): 3­9. Eaux et Forêts (MECNEF) 1990 Plan d'Action Forestier Latham, P. 2002 Edible caterpillars, Bas-Congo. http:// Tropical.Table Ronde Internationale, Kinshasa, 26­28 www.taa.org.uk/TAAScotland/EdibleCaterpillars2. novembre. 41p. htm (2004). Ministère de l'Environnement, Conservation de la Nature, Lattimer, M. 2004 Erasing the board. Report of the Eaux et Forêts (MECNEF) 2000a Forum sur la politique International Research Mission into Crimes under forestière nationale. Kinshasa, 22-25 mai. 37p. International Law Committed against the Bambuti Ministère de l'Environnement, Conservation de la Nature, Pygmies in the Eastern DRC. Minority Rights Group Eaux et Forêts (MECNEF) 2000b Atelier national sur International, London. les textes juridiques environnementaux. Kinshasa, Leruth, L., Paris, R. and Ruzicka, I. 2001 The complier 25-28 juillet. 42p. pays principle: the limits of fiscal approaches Ministère de l'Environnement, Conservation de la toward sustainable forest management. IMF Staff Nature, Eaux et Forêts (MECNEF) 2003 Les ressources Papers 48(2). forestières de la République Démocratique du Bibliography |8 Congo dans le contexte global du bassin du Congo: forest near Lake Tumba, Zaïre. In: Garine, I. de and potentialités et perspectives de mise en valeur. Harrison, G.A. (eds.) Coping with uncertainty in food Janvier 2003. Kinshasa. 47p. supply, 175­209. Clarendon Press, Oxford. Ministère de l'Environnement, Conservation de la Nature, Pagiola, S., von Ritter, K and Bishop, J. 2004 Assessing Eaux et Forêts (MECNEF) 2006 Actes des 1er et 2ème the economic value of ecosystems conservation. ForumssurlesForêtsdelaRépubliqueDémocratique World Bank Environment Department Papers 101. In du Congo. Kinshasa, 13 novembre 2004 et 15 février collaboration with the Nature Conservancy and the 2006. Kinshasa. 105p. World Conservation Union. 57p. Mittermeier, R.A., Robles, P.G. and Mittermeier, C.G. (eds.) Pearce, D.W. 2001 The value of forest ecosystems. Report 1997 Megadiversity: Earth's biologically wealthiest to the Secretariat of the Convention of Biological nations. CEMEX, Mexico. Diversity. Mittermeier, R.A., Mittermeier, C.G., Brooks, T., Pilgrim, J., Pearce, D.W. and Puroshothaman, S. 1995 The economic Konstant, W., da Fonseca, G.A.B. and Kormos, C. 2003 value of plant-based pharmaceuticals. In: Swanson, Wilderness and biodiversity conservation. PNAS 100: T. (ed.) Intellectual property rights and biodiversity 10309­10313. conservation, 127­138. Cambridge University Press, Mittermeier, R, Robles Gil, P., Hoffman, M., Pilgram, J., Cambridge. Brooks, T., Geottsch Mittermeier, C., Lamoreux, J. and Rausser, G. and Small, A. 1998 Valuing research leads: da Fonseca, G.A.B. 2004 Hotspots Revisited. Cemex bioprospecting and the conservation of genetic Books on Nature. resources. Working Paper No. 819, Department of Munthali, S.M. and Mughogho, D.E.C. 1992 Economic Agriculture and Natural Resources, University of incentives for conservation: beekeeping and California at Berkeley. Saturniidae caterpillar utilization by rural République Démocratique du Congo (RDC) 2006 communities. Biodiversity and Conservation 1: 143­ Document de Stratégie de Réduction de la Pauvreté. 154. Adopted by the Government of the DRC in June Mwinyihali, R. 2004 Rapport d'état des lieux sur les parcs 2006. Kinshasa. nationaux de Maiko et dans les sites Tshuapa et Roda, J-M. and Erdlenbruch K. 2003 L'économie Itombwe. Technical report. Congolese Institute for industrielle de la filière bois en RDC. Rapport Nature Conservation, Kinshasa. 54p. d'appui à la revue économique du secteur forestier Myers, N., Mittermeier, R.A., Mittermeier, C.G., da Fonseca, en RDC. CIRAD. Ministère des Finances, République G.A.B. and Kent, J. 2000 Biodiversity hotspots for Démocratique du Congo. 20p. conservation priorities. Nature 403: 853­858. Ruitenbeek, H.J. 1989 Social cost-benefit analysis of the Ndona, J.C. 2004 Contribution socioéconomique du Korup project, Cameroon. WWF, London. gibier dans la lutte contre la pauvreté et l'insécurité Sayer, J.A., Harcourt, C.S and Collins, N.M. 1992 The alimentaire à Kinshasa, RDC. MSc Thesis, Université conservation atlas of tropical forests: Africa. The de Dschang, Cameroun. World Conservation Union. Ndoye, O. and Awono, A. 2005 The markets of non Schebesta, P. 1938­1958 Die Bambuti-Pygmaen von Ituri. timber forest products in the provinces of Equateur Boekhandel Falk & Zoon, Brussels. and Bandundu, DRC. CIFOR, Central Africa Regional Schmidt-Soltau, K. 2004 Overview on indigenous forest Office, Yaounde, Cameroon. 57p. people in the DRC. Technical report. Yaoundé, Nixon, S.C., Ngwe, E.E., Mufabule, K., Nixon, F., Bolamba, Cameroun, 6p. D. and Mehlman, P.T. 2005 Grauer's gorilla and other Simpson, D. and Craft, A. 1996 The social value of wildlife in the Maiko South Region. Gorilla Journal biodiversityinnewpharmaceuticalproductresearch. 31: 4­6. Discussion Paper 96-33. Resources for the Future, Nyakabwa, M. and Gapusi, R. 1990 Plantes médicinales Washington, DC. utilisées chez les Banyamulenge de Fizi au Sud-Kivu, Simpson, D., Sedjo, R. and Reid, J. 1994. Valuing Zaïre. African Studies Monographs 11(2): 101­104. biodiversity: an application to genetic prospecting. Oak Ridge National Laboratory 2004 LandScanTM Discussion Paper 94-20. Resources for the Future, Global Population Database. http://www.ornl.gov/ Washington, DC. landscan/ (2004). Simpson, D., Sedjo, R. and Reid, J. 1996 Valuing Otshudi, A.L., Vercruysse, A. and Foriers, A. 2000 biodiversity for use in pharmaceutical research. Contribution to the ethnobotanical, phytochemical Journal of Political Economy 104(1): 163­185 and pharmacological studies of traditionally used Sist, P., Picard, N. and Gourlet-Fleury, S. 2003 Sustainable medicinal plants in the treatment of dysentery cutting cycle and yields in a lowland mixed and diarrhoea in Lomela area, DRC. Journal of dipterocarp forest of Borneo. Annals of Forest Ethnofarmacology 71(3): 411­423. Science 60(8): 803­814. Oyono, R. 2005 Profiling local-level outcomes of the Stattersfield, A.J., Crosby, M.J., Long, A.J. and Wege, environmental decentralizations: the case of D.C. 1998 Endemic bird areas of the world. Birdlife Cameroon's forests in the Congo Basin. The Journal Conservation Series 7. Birdlife International, of Environment and Development 14(3): 317­337. Cambridge, UK. Pagezy, H. 1988 Coping with uncertainty in food supply Tazartes, H. 2003 Revue de la fiscalité des entreprises en among the Oto and the Twa in Equatorial flooded RDC. Projet d'Urgence pour le Redressement Rapide, 8 | Forests in Post-Conflict DRC ­ Analysis of a Priority Agenda Bureau central de coordination (BCECO), Kinshasa. United Nations Security Council 2003 Resolution 1457. 51p. New York. Terashima, H. 2001 The relationships among plants, United States Agency for International Development animals and man in the African tropical rainforest. (USAID) 2005 Forests & conflict ­ A toolkit for action. African Study Monographs Suppl. 27: 43­60. USAID, Washington. 25p. Toirambe, B. 2002 Utilisation des feuilles de Gnetum Vansina, J. 1990 Paths in the rainforests--towards a sp. dans la lutte contre l'insécurité alimentaire et la history of political tradition in Equatorial Africa. pauvreté du Bassin du Congo, cas de la République James Currey, London. Démocratique du Congo. Technical report, FAO, Wilkie D.S. 1988. Hunters and farmers of the African Kinshasa. forest. In: Denslow J.S. and Padoch C. (eds). People Topa,G.2005.Frameworkforforestresourcemanagement of the tropical rain forest. Berkeley: University of in Sub-Saharan Africa. Africa Region Working Paper California Press, pp. 111­126. Series, number 89. The World Bank, Washington, DC. Wilkie, D.S. and Carpenter, J.F. 1999 Bushmeat hunting 125p. in the Congo Basin: an assessment of impacts and Trefon, T. 1994 City dwellers and the Central African options for mitigation. Biodiversity and Conservation tropical forests: resource uses and perceptions. 8: 927­955. Submitted to European Commission DG XI, Brussels. Wilkie, D.S. and Laporte, N. 2001 Forest area and http://lucy.ukc.ac.uk/Rainforest/trefons/contents. deforestation in Central Africa: current knowledge html (2004). and future directions. In: Weber, W., White, L.J.T., Tshibangu, K. 2001 Etude du déboisement et de la crise Vedder, A. and Naughton, L. (eds.) African rain forest de combustible ligneux en tant que source d'énergie ecology and conservation, 119­139. Yale University domestique à Kinshasa (RDC). Thèse de doctorat, Press, New Haven. Université Libre de Bruxelles. Wilkie D.S., Curran B., Tshombe M. & Morelli G.A. 1998a. Tshikaya, P.N. and Mapilanga, J.J. 1999 Monitoring de Modeling the sustainability of subsistence farming chasse et de vente des gibiers dans la Réserve de and hunting in the Ituri forest of Zaire. Conservation Faune à Okapis. Technical report. CEFRECOF. Biology 12: 137­147. Tshombe, R.K. 2001. People and natural resources: Wilkie D.S., Curran B., Tshombe M. & Morelli G.A. 1998b. changes in times of crisis, the case of the Okapi Managing bushmeat hunting in the Okapi Wildlife Faunal Reserve in the DRC. Center for Environmental Reserve, DRC. Oryx 32(2): 131­144. Research and Conservation, Columbia University. Wolfire, D.M., Brunner, J. and Sizer, N. 1998 Forests and Environmental Leaders Forum, May 20­25 (http:// the Democratic Republic of Congo: opportunity in a www.cerc.columbia.edu/training/forum_01cs/ time of crisis. World Resources Institute, Washington, TshombeCS.html) (2004) DC. 30p. Turnbull, C.M. 1961 The forest people: a study of the World Bank 2002 A revised forest strategy for the World Pygmies of the Congo. Simon and Schuster, New Bank Group. World Bank, Washington, DC. York. Yamagiwa, J. 2003 Bushmeat poaching and the Turnbull, C.M. 1965 Wayward servants: the two worlds conservation crisis in Kahuzi-Biega national park. In: of the African Pygmies. Natural History Press, New Price S. (ed.) War and tropical forests: conservation York. in areas of armed conflict, 115­135. Haworth Press, Turnbull, C.M. 1983 The Mbuti Pygmies: change and New York. adaptation. Holt, Rinehart and Winston, New York. Yambayamba, N. 2003 Quelques observations relatives United Nations Security Council 2002 Final report of aux interactions entre populations rurales et the Panel of Experts on the illegal exploitation of concessions forestières. Rapport d'appui à la revue natural resources and other forms of wealth of the économique du secteur forestier en RDC. CIRAD. Democratic Republic of Congo. S/2002/1146. New Ministère des Finances, République Démocratique York. du Congo. 42p. The Center for International Forestry Research (CIFOR) is a leading international forestry research organisation established in 1993 in response to global concerns about the social,environmental,and economic consequences of forest loss and degradation. CIFOR is dedicated to developing policies and technologies for sustainable use and management of forests,and for enhancing the well-being of people in developing countries who rely on tropical forests for their livelihoods. CIFOR is one of the 15 centres supported by the Consultative Group on International Agricultural Research (CGIAR). With headquarters in Bogor, Indonesia, CIFOR has regional offices in Brazil, Burkina Faso, Cameroon and Zimbabwe,and it works in over 30 other countries around the world. Donors CIFOR receives its major funding from governments,international organizations,private foundations and regional organizations. In 2006, CIFOR received financial support from Australia, Asian Development Bank (ADB), African Wildlife Foundation, Belgium, Canada, Carrefour, Cecoforma, China, Centre de coopération internationale en recherche agronomique pour le développement (CIRAD), Convention on Biological Diversity, Cordaid, Conservation International Foundation (CIF), European Commission,Finland,Food and Agriculture Organization of the United Nations (FAO),Ford Foundation, France, German Agency for Technical Cooperation (GTZ), German Federal Ministry for Economic Cooperation and Development (BMZ),German Foundation for International Cooperation, Global Forest Watch, Indonesia, Innovative Resource Management (IRM), International Institute for Environment and Development, International Development Research Centre (IDRC), International Fund for Agricultural Development (IFAD), International Tropical Timber Organization (ITTO), Israel, Italy,theWorld Conservation Union (IUCN),Japan,Korea,MacArthur Foundation,Netherlands,Norway, Netherlands Development Organization,Overseas Development Institute (ODI),Peruvian Secretariat for International Cooperation (RSCI), Philippines, Spain, Sweden, Swedish University of Agricultural Sciences (SLU), Switzerland, The Overbrook Foundation, The Tinker Foundation Incorporated, The Nature Conservancy (TNC),Tropical Forest Foundation,Tropenbos International,United States,United Kingdom,United Nations Environment Programme (UNEP), United Nations Educational,Scientific and Cultural Organization (UNESCO),United Nations Forum on Forests (UNFF),Wageningen International, World Bank,World Resources Institute (WRI) and World Wide Fund for Nature (WWF). FORESTS IN POST-CONFLICT DEMOCRATIC REPUBLIC OF CONGO ANALYSIS OF A PRIORITY AGENDA Forests are ubiquitous in the Democratic Republic of Congo; they touch the cultural and economic life of most of the population and have enormous global environmental significance. After years of conflicts and mismanagement, reconstruction is key to improving living conditions and consolidating peace. At the same time, better roads and trade bring risks--threatening forests and biodiversity by facilitating logging, land conversion, and the seizure of forest rights by vested interests. Anticipating these threats, in 2002, the transitional government started a Priority Reform Agenda. This report analyses the soundness of this Agenda, the progress achieved to date, and the priorities for the future. It emphasises the nature of forests as a public good; and the importance of the rule of law, transparency and public participation in managing natural resources. It highlights the multiplicity of claims on forests; calls for multipurpose participatory land-use planning; and emphasises the need to secure traditional user rights. Beyond the risks, the return of peace to the DRC also offers a unique opportunity to take a fresh look at the second-largest rainforest in the world, and to implement innovative strategies that give priority to the environment and to local people.