"Community forest management as a contribution to poverty reduction in the Democratic Republic of Congo"

Transcription

1 "Community forest management as a contribution to poverty reduction in the Democratic Republic of Congo" Mid-term Report February - November 2009

2 TABLE OF CONTENTS ACRONYMS... 2 EXECUTIVE SUMMARY PROJECT BACKGROUND OBJECTIVES EXPECTED OUTCOMES APPROACH AND PRESENTATION OF PARTNERS IN THE PROJECT SITES Methodology Presentation of partners in the project sites ACTIVITIES AND RESULTS Methodology workshop Capacity building of local actors Community dialogues Procedure for community dialogues Dialogues held Local forums Procedure for local forums Local forums held Some conclusions/recommendations from the local forums Provincial forums Methodology for the provincial forums Provincial forums held Some conclusions/recommendations from the provincial forums Participatory mapping National activities National forums Public awareness raising and communication Informing political actors Media activities at site and coordination team level Other activities CONCLUSION, NEXT STEPS AND RECOMMENDATIONS

3 ACRONYMS ABC: Les Amis des Bonobos du Congo ADERIGAS: Association pour le Développement Rural et Intégré de Ganda Sundi ADEV: Action pour les Droits, l Environnement et la Vie AMAR: Action Massive Rurale ANR: Agence Nationale de Renseignement AWF: African Wildlife Foundation BCI: Bonobo Conservation Initiative CADELU: 22ème Communauté Association des Eglises Evangéliques de la Lulonga CARPE: Central African Programme for Environment CCP: Compagnie de Commerce et des Plantations CDRN: Commission Diocésaine pour les Ressources Naturelles CEDEN: Cercle pour la Défense de l Environnement CEDER: Centre de Développement Rural de Tshela CEPECO: Centre pour la Promotion et l Education des Communautés de base CI: Conservation International CIRAD: Centre International de Recherche Agronomique CKE: Compagnie du Kasaï et de l Equateur CLGP: Comité Local de Gestion Participative COCOM: Cœurs Compatissants COCREFOBA: Conservation Communautaire pour la Réserve Forestière de Bakano CODAFE: Coordination pour le Développement des Associations Féminines de l Equateur CODELT: Conseil pour la Défense de l Environnement par la Légalité et la Traçabilité CPPR: Centre Polyvalent pour la Promotion Rurale CVAP: Club des Volontaires pour l Appui aux Pygmées DGPA: Dynamique du Groupe de Peuples Autochtones DIPY: Dignité Pygmée DRC: Democratic Republic of Congo EDAAP: Equipe d Appui à l Autopromotion Populaire ERC: Eglise de Réveil au Congo FIB: Fédération Industrielle du Bois FFI: Fauna and Flora International FORCOM / FAO: Projet d Appui à la Gestion des Forêts Communautaires (Project of Support to Community Forest Management) being implemented by the UN Food and Agriculture Organisation FPP: Forest Peoples Programme GASHE: Groupe d Action pour Sauver l Homme et son Environnement GTF: Groupe de Travail sur les Forêts 2

4 ICCN: Institut Congolais pour la Conservation de la Nature IIED: International Institute for Environment and Development ITENAC: Institut Technique d Enseignement Nutritionnel, Alimentaire et Technique LINAPYCO: Ligue Nationale des Pygmées du Congo MECNT: Ministère de l Environnement, Conservation de la Nature et Tourisme (Ministry of Environment, Nature Conservation and Tourism) OCEAN: Organisation Concertées des Ecologistes et Amis de la Nature OCT: Organisation Congolaise du Travail ODC: Objectif Développement Communautaire ONG: Organisation non-gouvernementale OSFAC: Observatoire Satellital des Forêts d Afrique Centrale PAP/RDC: Programme d Appui aux Pygmées de la République Démocratique du Congo PVH: Protégeons la Vie Humaine REDD: Reduced emissions from deforestation and degradation Réseau CREF: Réseau pour la Conservation et la Conservation des Ecosystèmes Forestiers RFO: Réserve de Faune à Okapi RRI: Rights and Resources Initiative RRN: Réseau Ressources Naturelles SCAM: Société des Cultures Agricoles du Mayombe SNV: Netherlands Development Organisation SPM: Société pour les Peuples Menacés UGADEC: Union des Associations de Conservation des Gorilles pour le Développement Communautaire à l Est de la R.D. Congo IUCN: International Union for Conservation of Nature UNTC: Union Nationale des Travailleurs du Congo WCS: World Conservation Society WWF: Worldwide Fund for Nature 3

5 EXECUTIVE SUMMARY The project "Community forest management as a contribution to poverty reduction in the Democratic Republic of Congo", being implemented by Forests Monitor on behalf of the Congolese government, was officially launched by the Ministry of Environment, Nature Conservation and Tourism (MECNT) in February Its overall objective is to make community forestry one of the main pillars of the equitable and sustainable management of forests and of rural economic development in the DRC. In terms of methodology, the project conducts consultations at four different levels, namely, community dialogues, local forums at the level of territories ( territoire ), provincial forums at the level of the provinces and national forums in the capital, Kinshasa. Field activities are being implemented at three pilot sites: Tshela in Bas Congo Province, Basankusu in Equateur Province and Mambasa in Orientale Province. Field activities at the sites are being run by local partners chosen on the basis of their skills and experience. The project aims to be inclusive and involve multiple actors. This is to ensure that it encompasses all perspectives and opinions in order to contribute to the production of a community forest management model capable of contributing to the reduction of poverty in the communities living in and around Congo s forests. To date, more than 4,379 local and indigenous (Pygmy) communities representatives, including 1,028 women and 425 indigenous people, have participated in some 60 community dialogues on different themes. These dialogues have been organised by 47 facilitators from the forestry administration, local NGOs and churches. Three local forums have been organised, at Tshela, Mambasa and Basankusu, involving 155 people from the public administration, civil society, the private sector and local and indigenous communities. Two provincial forums have been organised, at Matadi (Bas Congo Province) and at Kisangani (Orientale Province), with the participation of 94 people, including provincial parliamentary members and government officials, national and international NGOs, churches, traditional leaders and representatives of local and indigenous communities. Five national forums have been held with the involvement of more than 111 people representing more than six ministries, administrative departments, the private sector, international organisations, donors, civil society and traditional leaders. At the conclusion of all these workshops and meetings, suggestions and recommendations were made aimed at producing a policy document on community forestry in the DRC that is in keeping with the country s socio-economic and cultural realities. By way of example, some of the new concepts suggested thus far by the local and indigenous communities include: community 4

6 conservation of wildlife; the collective nature of community forest rights; the need for community forests to have a minimum area of 40,000 hectares; the need for communities to have legal personality; and the decision-making role of women in some matrilineal communities in the DRC. Further workshops, along with the participatory mapping of rights to lands and resources, will take place before the end of the project in May

7 1. PROJECT BACKGROUND A number of years ago, the Democratic Republic of Congo (DRC) began a process of reforming its forest sector, notably through the adoption of a new Forest Code. At the International Conference on Forest Management in the DRC, held in Brussels in 2007, important assessments were made and it was revealed that, "in the past, forest management like that of other natural resources, focused on short-term gains, ignoring the social balance and sustainability of ecosystems and resources. Local and indigenous populations were marginalised". In this context, the Priority Agenda for the Congolese forest sector highlighted the need for: rural forestry; action-research aimed at innovative approaches to community forestry and forestry microenterprises; and finally, for communities to organise to reduce deforestation. This is the strategic context in which the Congolese government's current efforts to produce an innovative model of community forestry should be seen. 2. OBJECTIVES The overall project objective is to contribute to the widespread adoption of community forestry as a basis for the equitable and sustainable management of forests and for rural economic development in the DRC. In other words, it is aimed at ensuring that forest resources offer a way of providing rural communities with economic opportunities so that the benefits of the country s forests are widely shared throughout society. 3. EXPECTED OUTCOMES The expected outcomes of the project are fourfold: A route map identifying how community forest management can be implemented on a large scale in the DRC; A proposal for the first phase (5 years) of a long-term programme to develop community forestry in the DRC; A national dialogue on community forestry; Recommendations as to how to improve the legal framework for community forestry. 4. APPROACH AND PRESENTATION OF PARTNERS IN THE PROJECT SITES 4.1. Methodology In order to contribute to the development of a model for community forest management appropriate to the DRC, the project chose an approach based on dialogue. This means listening to the communities in and around the forests so that their perceptions, aspirations, priorities and visions 6

8 for development can be taken into account in the legal and institutional framework. Dialogues with communities are complemented by, on the one hand, national-level discussions and reflections and, on the other, thematic research conducted by national and international partners. This approach of consulting the different socio-political actors in the DRC can be visualised as a pyramidal structure, with community dialogue at the base and national forums at the summit, passing through local and provincial forums on the way up. This is illustrated in the following diagram: National forums Provincial forums Local forums Community dialogues and participatory mapping 4.2. Presentation of partners in the project sites The activities of each of the three sites are coordinated either by an organisation or a consortium. At Tshela in Bas Congo, the activities are being managed by the national coordination team of Réseau Ressources Naturelles (Natural Resource Network - RRN), which is represented in the field by RRN s focal point for Bas Congo Province, the NGO CEPECO. In addition to CEPECO, the following are involved in implementing activities on the ground: the Provincial Department of the Environment, local communities representatives and five NGOs (all members of RRN): CEDER at Tshela, EDAAP at Lemba, ITENAC at Sonabata, CPPR at Mbanza Ngungu and ADERIGAS at Nganda Tsundi. Coordination at the Equateur site is provided by the Commission Diocésaine pour les Ressources Naturelles (Diocesan Natural Resources Commission - CDRN) of Basankusu Diocese. CDRN has involved four facilitators in its work who come from the communities in which dialogues are being held. 7

9 Map 1: Location of the project sites The Ituri site is under the responsibility of a six-member management committee comprising two representatives of the private sector (from the forestry company ENRA SARL), two representatives from the environmental NGO OCEAN based in Kisangani, one representative from the NGO CVAP, based in Mambasa and specialising in support to indigenous peoples, and two representatives of the indigenous Mbuti Pygmies. In addition to these management committee members, the community dialogues are facilitated by representatives of the local forestry department and NGOs. 5. ACTIVITIES AND RESULTS 5.1. Methodology workshop The methodology workshop marked the actual start of field activities. Spread over 4 days, it brought together the different international, national and local partners that were to be actively involved in project implementation as experts, implementing agencies and/or stakeholders. Its aim was to improve project understanding on the part of all those involved and to define a common implementation strategy. The workshop was attended by some thirty participants representing the following organisations: MECNT, WWF, FAO, CEPECO, RRN, CIRAD, IIED, CODELT, RRI, 8

10 ENRA SARL, CDRN, CEDEN, CVAP, OCEAN and the CREF Network. Outcomes included the identification of themes for the national forums and community dialogues Capacity building of local actors Four training workshops, including three on participatory research approaches and one on participatory mapping, were organised for local partners with the aim of strengthening their capacities and providing them with the necessary tools for good project implementation. In all, 41 people took part in these training workshops on participatory research approaches and techniques, while six GIS experts attended a refresher workshop on participatory mapping. The main training modules conducted with the participants focused on the following elements: General introduction to participatory research methods and approaches; Tools and techniques used in participatory research; Aims and principles of community dialogues; Tools and techniques for facilitating community dialogues; General information on participatory mapping; Tools and techniques used in participatory mapping; Guide to the methodology for participatory mapping of rights to lands and resources. Following these workshops, tools and technical manuals were developed to support the implementation of project activities. These included, among others, a guide to facilitating community dialogues and a framework for writing reports on the community dialogues. Photo 1: Training in participatory mapping 9

11 In addition, a refresher workshop was held in Tshela for the Geographic Information System (GIS) experts from each of the three sites, with the following objectives: To discuss, harmonise and validate the participatory mapping methodology; To develop information gathering tools; To test and validate the tools with the local community; To identify technical support needs; To identify needs with regard to producing basic maps for each of the three sites; To identify needs and plan OSFAC s support at the three project sites. The refresher workshop enabled a guide to the methodology for participatory mapping of rights to lands and resources to be produced, aimed at helping local communities to better document the lands and resources over which they claim customary rights Community dialogues Procedure for community dialogues Inspired by traditional African village meetings, community dialogues are intended to offer a context in which local communities can express themselves freely, highlighting their concerns and expectations with regard to the management of "their" ancestral forests. The community dialogues also form a framework in which communities are able to jointly discuss their shared aspirations in relation to managing forests and improving their living conditions. Community dialogues are held within the villages at locations chosen by the community. The discussions are structured around themes decided at the methodology workshop in April 2009, and then developed further with new themes identified by the facilitators during the training they received at their respective sites. In all, 11 themes were identified for discussion in the community dialogues at the three project sites. The community dialogues are often organised with different interest groups within one and the same community in order to pinpoint the specific needs and aspirations of each group. These include customary land rights-holders, women, youth, hunters, men, and "migrants". The latter do not form part of the community under the terms of the Forest Code but they have often lived within the communities for many years, sometimes for decades, and are actively involved in the life of the community through social and/or economic alliances. The results of these different "sectoral" dialogues are then discussed at a full gathering of all community members. The community dialogues are organised by trained facilitators who are all provided with a manual or framework prepared for this purpose. 10

12 The Bas Congo site has 20 facilitators, two from the provincial forestry administration, 10 from local NGOs and eight community facilitators. The Equateur site has 10 facilitators, six from the Diocesan Natural Resources Commission and four community facilitators. In addition to the management committee, the Ituri site has 11 facilitators, two from the private sector, one from a women s association and nine from local NGOs Dialogues held To date, more than 4,379 representatives of local and indigenous communities, including 1,573 women and 425 indigenous Mbuti Pygmies from Ituri, have been involved in more than 60 community dialogues on the following themes: The status of forests; Customary land rights; Community conservation; Artisanal logging; The decision-making process at local level; Community forest management institutions; Community forests as a tool for development Tshela site (Bas Congo) At the Tshela site in Bas Congo, 30 community dialogues have already taken place in the villages of Kimongo Mananu in Lubuzi sector, Kayala in Nganda Tsundi sector, Kimanunga in Mbanga sector and Mbumba Mongo in Lubolo sector. 11

13 Map 2: Location of Tshela site (Bas Congo) Approximately 1,000 people, almost half of them women, have participated in the community dialogues. This figure can be broken down as follows: Village Men Women Children Total Kimongo Mananu Kimanunga Kayala Mbumba Mongo Total Table 1: Participation in community dialogues at the Tshela site The Tshela site is unique in that it is adding to and deepening the community dialogues by means of dialogue validation sessions at the administrative centre in each of the four sectors where dialogues are being held. These are a sort of mini local forum that bring together representatives from all the sector's villages and the local administration. In all, 490 people have participated in these validation sessions in the four sectors in question, 132 in Lubolo sector, 122 in Lubuzi sector, 118 in Mbanga sector and 118 in Nganda Tsundi sector. These validation sessions thus enable other communities, through their customary representatives, to express their opinions on the issues discussed within the community dialogues. 12

14 Basankusu site (Equateur) At the Equateur site in Basankusu the community dialogues are taking place at the two sub-sites of Bokeka in Wa-Bo sector and Bobambo in Gombalo sector. The dialogue on artisanal logging, however, was held in Bofato, and involved the communities of Benga, Mpoa, Lolingo, Bafoto and Bakungu. The Bokeka sub-site comprises five village groupings ( groupements ) (Bolima II, Mondjondjo II, Ntomba, Boeke and Buya), while that of Bobambo has three (Ngumu, Bobambo and Ilonga-Pô). Here, the community dialogues are taking place not only with groupements members from Bokeka or Bobambo but also with representatives from the different sub-site groupements. Each community dialogue thus comprises 25 people representing traditional authorities, men, women, opinion leaders and different socio-professional groups, all coming together at each sub-site to discuss the particular theme on the agenda. Map 3: Location of Basankusu site (Equateur) To date, more than 400 people, 25% of them women, have been involved in the community dialogues at the Basankusu site, and have discussed the following issues: artisanal logging operations, the status of forests, customary land rights, local-level decision-making processes, community conservation, community forest management institutions, and community forests and development. 13

15 Ituri site (Orientale Province) In Ituri, the community dialogues are taking place in the four sectors-chefferies of Teturi, Lolwa, Biakato and Mambasa where eight dialogue themes have already been discussed. It is estimated that the total number of people who have participated in these dialogues is around 2,513, with this number being broken down as follows: Location Men Women Total Bantu Pygmies Bantu Pygmies Lolwa Teturi Mambasa Biakato Total Table 2: Participation in community dialogues at the Ituri site Map 4: Location of community dialogue sites in Ituri (Orientale) 14

16 5.4. Local forums Procedure for local forums The local forums aim to broaden the scope of action and influence of the community dialogues. They are aimed at informing the neighbouring local and community authorities who have not been involved in the community dialogues in order to increase awareness among these actors regarding the different aspects of community forest management. The local forums last a maximum of two days and involve all territory-level actors in the environment sector. Participants include representatives of local communities and indigenous peoples, civil society, the relevant public administrations, the private sector, women s associations, international organisations working in the area and the local media. There has been an average of 50 participants in each local forum. Photo 2: Community dialogue at Bokeka (Basankusu) The local forum discussions focus on the content of the community dialogues with the aim of validating, amending, complementing or improving it. In addition, and with the same aim, a summary presentation of the consensus documents produced following the national forums in Kinshasa is given during the local forums. The local forums also offer an opportunity to address any additional questions in greater depth. At the end of the local forums, the site coordination team prepares a summary report of all the reflections that have been validated by the participants, which complement and sometimes amend the consensus documents produced at the national forums. 15

17 Local forums held Three local forums have thus far been organised in Mambasa, Tshela and Basankusu, with the participation of more than 155 people Tshela site The Tshela local forum was held on 8 and 9 October 2009, at Tshela. It brought together some 50 people, men and women, from the administration (District Commissioner, Territory administrator, the heads of eight sectors, one representative from the provincial environment coordination of Bas Fleuve District), the private sector (SCAM, artisanal loggers), civil society (CEPECO, AMAR, ADEV, ITENAC, CPPR, the Catholic and Protestant churches), traditional authorities (village leaders, village groupement leaders), along with the Luki Operational Unit for the FORCOM / FAO project and the community forestry focal point from MECNT, who chaired the forum. The local forum participants validated all the concerns and recommendations of the local communities with regard to the sustainable management of forest resources, which took account of the socio-economic and cultural realities of Bas Congo. Recommendations for decision-makers were also made at the forum, in order that the rights and concerns of local communities might be taken into account in the drafting and implementation of policies on community forest resource management Basankusu site The Basankusu local forum was held on 27 and 28 October 2009, in Basankusu, with the participation of around 50 people, comprising the local public administration (district commissioner, territory administrator, mayor of Basankusu, Waka-Bokeka and Gombalo sector chiefs, Atar of Bokeko, the district environment coordinator, the district agricultural inspector), the private sector (CCP, Fondation Bokenga, Ofong anumbola), civil society (Comité Directeur, CLGP, CODAFE, Thérésita, RRN, COCOM, CADELU, ERC, PVH, Caritas-Développement), local communities (traditional leaders, village leaders), unions (OCT, UNTC), international NGOs (ABC, AWF), the media, local facilitators, and the community forestry focal point from MECNT, who chaired the forum Ituri site The local forum for Ituri site was held in Mambasa on 28 and 29 September 2009, with the participation of 53 people representing: the local administrative departments (Ituri district commissioner, territory administrator, heads of chefferies, officials from the Ministries of Environment, Justice, Agriculture and Rural Development and ANR/Mambasa), civil society (OCEAN, CVAP, PAP/RDC, PACT/Congo, FLEVICA, PADIP), village and village groupement 16

18 leaders, representatives of indigenous peoples, the Catholic and Protestant churches and Muslim groups) and the private sector (ENRA and artisanal loggers) Some conclusions/recommendations from the local forums It has emerged from the community dialogues and local forums held so far that the production of a community forestry model rooted in the socio-economic and cultural realities of the DRC will need to take a number of different factors into account, as outlined in the following conclusions: The criteria for identifying a community are very similar from one site to another and revolve around belonging to a clan or family. Reference is made in particular to a common ancestor, language, region and customs. Community forest management is undertaken by a village, locality, chefferie or even a village groupement. In the particular case of Ituri, such a forest could be managed by a village groupement or inter-village committee, commonly known as a grassroots committee (Comité de base - COBA). The local communities have a less compartmentalised and less segmented vision of "their" forests. Theirs is a more global and holistic vision and they perceive of the forests as a complex and intrinsically linked whole comprising the land and the surface and subsoil resources. It is difficult for these communities to envisage managing one component without the others. The community forest management model should, from the communities' point of view, take not only the forest resources per se into account but all the resources found in and on the soil. A community forest should thus contain all the kinds of forest (fallow, dense forest, swampy forest, secondary forest, etc.) traditionally managed by the community. With regard to the community forest management institutions, in Bas Congo Province the community dialogues revealed the importance of relying on traditional institutions such as village leaders, village groupement leaders and their notables, formed of customary land rights holders. Reference was even made, at the Tshela local forum, to the need to involve the future sector councils, which are to be established under the current decentralisation process. The role of women within matrilineal communities was also highlighted as an element to be included in the forest management model. At Basankusu and in Ituri, the community dialogues suggested establishing representative associations that would have all the necessary legitimacy, i.e. an association which, in addition to being representative, would be recognised by the local communities and would take into account existing authorities within the community, namely the traditional authority and the council of notables. The managers of, or those responsible for, these structures would have to come from the community itself. 17

19 Photo 3: Participants in the Basankusu local forum Artisanal logging is, at all sites, considered to be an important activity that generates jobs, family incomes and domestic firewood. However, all the communities also identify artisanal logging as a source of conflict between different communities and between different actors within the same community, and of abuses of power on the part of some traditional leaders. They also complain about the fact that some operators fail to adhere to their social responsibility contracts ( cahiers de charge ). The local communities also highlight the destruction of the forest, particularly in Bas Congo and Ituri where artisanal logging has been spurred on by a growing demand for timber on the part of neighbouring countries. They would like to see this activity strictly regulated and supervised so that it can effectively contribute to the development of local communities. In Bas Congo the following, more specific, recommendations were made by the Tshela local forum with a view to better regulation of artisanal logging: A ban on artisanal sawing with chain saws; Support for local communities from the local administration; The re-training of wood sawyers to other income-generating activities with the support of NGOs; Strict application of the measures suspending or banning artisanal logging in some areas of the country. It was noted that several villages are interested in community conservation as a way of circumnavigating the effects of more conventional approaches to conservation. Through community forest management, several local communities want to play a more active role 18

20 in conserving the resources in their forests which are, moreover, severely threatened by a combination of internal and external factors. The local communities also consider that community conservation is potentially an income-generating activity and could therefore contribute to reducing poverty. Nevertheless, the local communities think that community conservation will only make sense and play its full role as a tool for biodiversity conservation and local development if they are able to retain full control of their ancestral lands. Photo 4: Participants in the local forum at Mambasa (Ituri) With regard to the place and role of women in decision-making processes, the participants at the Basankusu local forum revealed that women are generally marginalised. At most they are considered as lifelong tenants of the forest, which belongs either to their husbands or their fathers. The same is true at the Ituri site, although there are a few exceptions where women play an important role in resolving social conflicts (such as in Wasele, Babombi and Bapangomo). In Bas Congo, however, women hold real power, which they then pass on to men by way of the prevailing matrilineal system. In some cases they hold responsibilities as village or even village groupement leaders. In all cases, it will be a question of ensuring that cultural knowledge is maintained and of avoiding women s marginalisation from decision-making processes on land and natural resource management. Provisions must also be taken to ensure that women are represented within all bodies responsible for community administration, particularly with regard to issues related to forest resource management. 19

21 5.5. Provincial forums Methodology for the provincial forums The provincial forums provide a way of consulting provincial-level actors on issues relating to community forests and their implementation within the particular province. They are therefore aimed at enriching the discussions undertaken at the community level and within the national and local forums. They also serve as a framework in which to feed back the findings from the local and national level discussions. Further, the provincial forums help to inform decision-makers about the perceptions and aspirations of communities and other local actors. The provincial forums are taking place in the administrative centres of the provinces hosting the project, namely, Mbandaka for the Basankusu site, Kisangani for the Ituri site and Matadi for the Bas Congo site. They typically last two days and involve the main provincial-level actors from within the environment sector. The participants come from local and indigenous communities, civil society, the relevant provincial ministries and parliaments, the private sector, women s associations, international organisations and the local media. The provincial forum discussions are based on the conclusions and recommendations of the local and national forums. The consensus obtained from the national forums and the recommendations of the local forums are read to the participants, who then feed into these on the basis of the realities in their own respective provinces. Questions requiring further consideration are considered in more detail within working groups. The results of these working groups are discussed and adopted at a plenary session and form the recommendations of the provincial forum. These are presented in a report that is distributed to participants, and the findings are used, as appropriate, to complement or amend the consensus documents produced by the national forums Provincial forums held Two provincial forums have so far been organised in Matadi and Kisangani, in which more than 90 people participated Matadi provincial forum The first provincial forum was held in Matadi on 27 and 28 September 2009, in the Bas Congo Provincial Assembly chambers, with the participation of 47 people. It was chaired by the Provincial Assembly Rapporteur. The participants included provincial parliamentary members, university lecturers and researchers, officials from the relevant public administrations, and representatives from civil society, the private sector and the local communities. 20

22 Photo 5: Provincial forum at Matadi Judging by the enthusiasm and very active involvement of participants, this first forum generated a real interest in the issue of community forests Kisangani provincial forum The Kisangani provincial forum was held on 12 and 13 November 2009 and was organised jointly by the local project partners and the Provincial Ministry of Land Affairs, the Environment and Tourism. The Minister opened and closed the forum and took an active part in its work. Some 40 people were involved, including provincial parliamentary members, representatives of the Orientale provincial government (Governorate, Ministry of Land Affairs, the Environment and Tourism and the Ministry of the Interior), representatives from higher education, university and research institutions, representatives from the provincial departments of the ministries responsible for forests, agricultural and rural development, representatives of the private sector, the ICCN, civil society and local community delegates (Butiaba traditional leader) along with indigenous peoples from Mambasa Some conclusions/recommendations from the provincial forums The different provincial forums have validated the conclusions of the local forums and made additional recommendations that will prove useful when producing the legal and institutional framework for community forests. These recommendations are as follows: Community forests will need to acquire legal personality from the territorial or district authorities. 21

23 The involvement of women in community-level decision-making will need to take place along lines of gender rather than parity. In other words, women s representation in community decision-making structures is an absolute necessity. However, complete parity between men and women within these institutions should not necessarily be the final aim. The extent of a community forest will need to take into account the customary lands still available - i.e. not yet allocated by the state - after a participatory mapping exercise. It will therefore vary from one community to another. The "local community" will need to be defined not only according to the common lineage of members of the same tribe or clan but should also include others who have been adopted by the community through social or economic alliances. This is because of the need to strengthen national cohesion and to ensure social harmony at the local level. Artisanal loggers must respect the social responsibility contracts ( cahiers de charge ) signed with local communities and indigenous peoples. The principle of domanialité (i.e. that all lands not yet titled are presumed to belong to the state) should be conserved. Consequently the state must employ the principle of free, prior and informed consent rather than simply using surveys or consultations. The export of unprocessed wood from artisanal logging in a community forest should be prohibited. Revenues from artisanal logging will need to be redistributed according to the principle of decentralisation that is underway. There is a need to train local leaders within local and indigenous communities, and to professionalise them in forest resource management. Community conservation must be governed by a contract between the community holding the forest rights and any organisations wishing to support them in this. Community conservation areas must not be transferred to the state public domain or they will risk becoming classic protected areas. The management method (direct or indirect) to be used within community conservation should depend on the assets of each community. The income from community conservation will need to be channelled into vital sectors such as health, education, housing, water supply and the financing of income-generating activities at the local level. A specific permit, which the community will need for community forest exploitation, should be provided at a reduced cost. This permit should enable local communities to exploit all the resources of their forests, including timber, non-timber forest products, environmental services, etc. 22

24 Photo 6: Formal opening of the Kisangani provincial forum 5.6. Participatory mapping The participatory mapping of rights to lands and resources differs from that of land and resource use mapping in that the former goes further and identifies all the land rights holders and maps the areas over which these rights are exercised. These rights holders comprise both those who claim a customary right and natural and/or legal persons on whom the state has conferred rights to the same area. This exercise will be conducted at each project site with partners including OCEAN (Ituri), RRN (Tshela) and GASHE (Basankusu), with the technical support of OSFAC. It will enable overlapping rights in a given area to be identified and consideration to be given to the ways and means of resolving the issue of superimposed rights in the context of the regulatory framework. It will also enable consideration of the legal role of mapping and its use in the process of obtaining and managing community forests in the DRC National activities National forums Procedure for national forums The national forums bring some 20 experts together for two days around themes that were identified during the methodology workshop. They are aimed primarily at ironing out the differences and enriching the different ideas and/or concepts related to community forests with a view to 23

25 developing more appropriate legislation. Experts are chosen on the basis of their expertise and experience in relation to the specific theme in question. Specific focus is placed on the diversity of the participants. The national forums include representatives from public administrations, national and international civil society and donors, along with university researchers and legal practitioners (judges and lawyers), etc. Discussions are organised around a subject, introduced by means of a discussion or concept paper prepared by CODELT or another participant with expertise in the area. They entail a brainstorming session in which participants debate specific issues. Following the discussions, a consensus document summarising the main points of agreement is produced and distributed for participants' comments and validation National forums held Five national forums have been held in Kinshasa on issues including: clarification of concepts; artisanal logging and local communities; community conservation and community forests; community exploitation of forests; and free prior and informed consent and its application in Congolese law. In all, 111 experts have been involved in these national forums, including representatives from the Ministries of the Environment, Hydrocarbons, Mines, Planning, Land Affairs, Rural Development, Agriculture and Justice; international organisations (including WWF, WCS, CI, SNV, UICN, CIRAD, RRI, FPP SPM, Greenpeace, FFI, BCI); the private sector, including FIB and artisanal loggers; donors and projects such as USAID CARPE, FORCOM, the EU s Governance Support Programme; national civil society such as RRN, CEDEN, CREF Network, OCEAN, CEPECO, CDRN, ODC, LINAPYCO, DGPA, GTF, DIPY, CODELT, AMAR; and community organisations such as COCREFOBA and UGADEC. Local community representatives and university lecturers and researchers from Kinshasa University have also been involved. Five consensus notes and five executive summaries have been produced and disseminated, particularly among decision-makers and those institutions interested in community forestry in the DRC Some conclusions/recommendations from the national forums As with the community dialogues and local and provincial forums, the national forums make recommendations in consensus documents aimed at improving the regulation and organisation of community forestry in the DRC. These recommendations include the following: It is advisable to distinguish between the concepts of "community forest" and "community concession". The first relates to a customary reality while the second is a legal reality. In 1 These reports are available on the website of Forests Monitor at: 24

26 other words, the community concession must be considered as a title conferred on local communities for forests over which they claim customary ownership in accordance with Article 22 of the Forest Code. Although the Forest Code very clearly defines the notion of local community, experience on the ground suggests that a rule of self-identification is appropriate, whereby only the community itself is able to define itself as such on the basis of its socio-cultural realities, and to identify the institutions that will represent it. The collective nature of community rights to their forests must be established, all the more so as collective ownership is guaranteed in the DRC s Constitution. The need to recognise the legal existence of local communities, with a view to ensuring the security of their rights. Further, this system of legal recognition must be sufficiently decentralised, simplified and informal, to avoid discouraging the establishment of community structures in rural areas. A local community should not have to register as an artisanal logging operation, as this activity does not cover all the functions a forest provides for local communities. Decree 35 stipulates that artisanal logging can only take place in community forests. Those communities whose forest is being logged by an artisanal logger must be entitled to copies of any transport permits ("permis de circulation") and field documents ("feuille du carnet de chantier"). These documents would make it possible for a community to monitor the amount of wood being logged and transported from its forest. Photo 7: Kisangani provincial forum 25

27 The Congolese State needs to produce a model contract for use between local communities and artisanal loggers operating in their forest. This model, which would form an annex to Decree 35, would help to prevent abuses and violations of local communities rights. The majority of the wood produced through artisanal operations should be processed before being sold. The Centre for the Support and Control of Small Scale Mining (Centre d Appui et d Encadrement de Small Scale Mining - CAESCM) created by the Congolese government and supported by various partners to monitor and support small-scale mining operations could be taken as an example. The Centre s experience could be beneficial to artisanal logging, for example through: increasing the value added to wood produced by artisanal operations through local processing; establishing a market price list for wood coming from artisanal logging; monitoring and strengthening the capacities of market chains; and preventing neighbouring countries from setting a low price for wood produced by Congolese artisanal loggers. The concept of "community conservation" is understood as a legal mechanism by which a local community can decide to allocate part of its customary land as a conservation area. This could be managed by the community itself or with others, in order to generate revenue while also conserving the biodiversity of their forests. "Community conservation" therefore differs from simple participatory management of protected areas and complements the conservation efforts of traditional actors (the state and conservation agencies). For example, the UGADEC zone, located between the Maiko and Kahuzi Biega National Parks, lies outside the boundaries of these two parks but hosts gorillas and other animal species, the conservation of which is guaranteed by local communities. 26

28 Photo 8: National forum in Kinshasa It was highlighted that each community wishing to create a community conservation area would need to acquire legal personality. This would not only enable access to services, in particular financial services, but would also reinforce communities negotiating power and their capacity to interact with other subjects of national and international law. The ASBL designation ("Association sans but lucratif" or non-profit making organisation) was not considered appropriate for communities and so the option of having a text regulating the legal status of local communities was noted. The following needs were also raised: a local development plan covering, among other things, the sharing of income generated by community conservation; a management plan guaranteeing both community needs and conservation objectives; legal guidance on partnership contracts between local communities and other actors; and the need for effective monitoring of community conservation zones. The concept of "community forest exploitation" (exploitation communautaire des forêts) is a new concept introduced into Congolese law and is to be distinguished from the two more generally known concepts of "artisanal forest exploitation" (l exploitation artisanale des forêts) and "industrial forest exploitation" (l exploitation industrielle des forêts). These latter two refer only to the exploitation of timber while community forest exploitation covers many aspects, for example the conservation of wildlife by communities, the exploitation of NTFPs for commercial gain and potentially other environmental services such as carbon sequestration. Because of its specific nature, "community forest exploitation" should have its own legal regime. 27

29 The concept of "community forest exploitation" includes, in particular, the exploitation of timber and non-timber forest products, the protection of wildlife by the community, bioprospecting, carbon sequestration and other environmental services including tourism. It therefore covers many forms of forest exploitation. A "community forest exploitation permit" (permis d exploitation forestière communautaire) should be granted to each community. This would be a collective entitlement designed for the different activities of the local community, established as a distinct legal entity. No individual exploitation should take place in community forests, in order to avoid the gradual individualisation of community lands Public awareness raising and communication Awareness raising and communication activities are aimed at generating a debate and national interest around "community forests", a new notion in the Congolese Forest Code that will have an impact on more than 30 million Congolese people. Activities consist of informing political actors and working with the media to target the general public. The national coordination team in Kinshasa and each site team have developed a communication plan Informing political actors An overview of the socio-economic development potential of community forests was sent to the National Episcopal Conference of Congo (Conférence Episcopale Nationale du Congo - CENCO) in June This is a body that brings together all the Catholic bishops in the DRC and which is active in a number of social and governance issues, including natural resources. A briefing on the potential of the concept of "community forests" was produced for a Senior Advisor of the DRC Presidency in May Meetings have taken place with the "Environment and Natural Resources" parliamentary committee to explain the project s work with a view to raising support for community forests within the legislature. The project also contributed to a capacity building workshop on global environmental governance held for the parliamentary committee. This workshop was organised by the NGO Objectif Développement Communautaire. A brochure was produced presenting the objectives, actors, site locations, methodology and expected outcomes of the project. The project made presentations to national meetings of Réseau Ressources Naturelles, a network of more than 300 Congolese NGOs involved in natural-resource related activities. 28

30 The project has involved diverse actors from the forestry sector in its activities, including unions of forest operators, international conservation agencies, traditional authorities, different government ministries, NGOs and others Media activities at site and coordination team level A 30-minute broadcast on RTNC national television in the "Environment" slot with the participation of project partners IIED and CIRAD in April A one-hour televised broadcast on the RAGA national TV channel. Articles in local newspapers, published in February, April, June and October A one-hour broadcast on RTNC national television, in the "Current Events" slot, with the participation of foreign partners, particularly Forests Peoples Programme, in October A television and radio broadcast following the provincial forum in Bas Congo, involving the provincial parliamentary members and various staff from the provincial administration. A television and radio press briefing following the Kisangani provincial forum, involving the provincial Minister for Land Affairs, the Environment and Tourism, along with the project s national coordination team, the Ituri site coordination team and CODELT. Broadcasts were organised by the sites on local and community radio stations in Béni, Mambasa, Kisangani, Basankusu, Tshela and Matadi, in the context of their activities; The project s activities with the indigenous Pygmy communities of Ituri were presented in a BBC documentary for its Earth Report of November This programme was made possible with the participation of Conservation International (CI) Other activities The project is taking an active part in various workshops organised by different government partners in the context of implementing the forestry reforms initiated in the DRC. These have included: Launch workshop for the REDD process in the DRC; Conservation International s workshop on community conservation in the east of the Congo; National workshop on post-conversion of forest titles; Steering committee of the FORCOM project held in October 2009; Planning workshop for the second phase of the FORCOM project; 6. CONCLUSION, NEXT STEPS AND RECOMMENDATIONS Thus far, implementation of the project "Community forest management as a contribution to poverty reduction in the DRC" has been taking place satisfactorily. More and more people are finding its approach to be original and an essential addition to the work of establishing a legal and institutional framework for community forests. The community dialogues, local, provincial and 29