Frequently Asked Questions - Forests in the Democratic Republic of Congo

Last Updated: March 24,  2009

1. Why is the World Bank focusing on forests in the Democratic Republic of Congo?
2. What are the main threats to the forests in DRC?
3. What is the World Bank doing to promote sustainable forest management in DRC?
4. What was the legal review of forest contracts and was it transparent?
5. What are the next steps in the Legal Review process? Are there risks to the integrity of the process and deliberations?
6. What is the “conversion process” and why is it mentioned when discussing the Legal Review?
7. Some refer to flaws in the “conversion process”. What are they and how is the World Bank involved?
8. How were local communities informed about the conversion proces
9. Is it true that the moratorium on new logging concessions is in question? What is the Bank’s view on this?
10. How is the World Bank working with indigenous communities, including Pygmies, in the DRC?
11. Will the creation of new protected areas damage the rights of indigenous people?
12. What are the plans for an Independent Forest Monitor (IFM) in the DRC and where do they stand?
13. What are the World Bank’s future plans in the forest sector in DRC?

1. Why is the World Bank focusing on forests in the Democratic Republic of Congo?

RESOURCES
	UK's Minister for Trade and Development responds to letter campaign on the World Bank’s forestry policies in the Democratic Republic of Congo
	Website: Forestry in Africa

The Bank is interested in the forests of the Democratic Republic of Congo (DRC) because they are important to the livelihood of rural and forest communities, to the Congolese economy and to the global environment. The World Bank Group's support in this field aims to enable DRC to manage natural resources equitably, transparently and sustainably, with the participation and for the benefit of rural and indigenous populations. This will in turn contribute to achieving the broader national goals of promoting good governance, consolidating economic stability and sustainable growth, and promoting community dynamics.

The DRC has the second largest rainforest in the world. With 86 million hectares of area (215 million acres) covered by rainforests, DRC accounts for over half of the total remaining rainforests in the Central Africa region. Congolese forests are a vital resource, both for the Congolese people and the global environment. About 40 million rural Congolese depend on the forests for their food, income, energy, shelter, medicines and cultural needs. Indigenous groups, including the Pygmies, rely almost entirely on the forests. Described as the “second lung” of the planet for their ability to store carbon dioxide on a global scale, the Congolese forests play an important role in attenuating climate change. The forests also harbor amazing animal and plant diversity including endemic species such as Bonobo chimpanzees and the Okapi.

2. What are the main threats to the forests in DRC?

Deforestation (and CO2 emissions) is driven primarily by small-scale farming, f irewood and charcoal production, and increased human pressure from migration due to conflict and political instability. Annual deforestation rates have remained relatively low in recent years (around 0.27%) but can escalate rapidly as political stability and improved transport open the door to markets, investments and migration.

Deforestation occurs primarily in heavier populated areas in the dry forest and mountain forest zone, rather than in more remote rainforests. Solutions to deforestation require targeted agriculture intensification and income generation programs, and cannot be found within the forest sector alone.

Industrial logging removes only a few trees per hectares. Per se, it has a modest impact on deforestation. However, by improving access, attracting workers and facilitating transport, it can trigger conditions that are conducive to deforestation.

Speculative interests posed unique threats to the DRC rainforest at the end of the conflict. At that time, practically all of the rainforests with potential for commercial exploitation had been appropriated by individuals and companies for timber extraction as soon as political stability and infrastructure development would allow.

3. What is the World Bank doing to promote sustainable forest management in DRC?

The World Bank is helping the DRC Government address the heavy legacy of forest mismanagement prior to, during, and in the aftermath of the war; improving governance and transparency, and paving the way for more equitable and sustainable use of the forests.

On the Policy front, the Bank has Group helped DRC to:

• Introduce the principles of community participation and respect of customary and traditional forest uses into the new Forest Law
• Conduct two waves of cancellation of illegal and questionable forest logging contracts leading to a reduction of the area where forest exploitation is permitted from 43 million hectares in 2002 (an area as large as Iraq) to 9.7 million hectares in 2009 (an area equivalent to that of South Korea)
• Introduce a profound transformation of all contracts with forest companies which must include sustainable management plans as well as strict social and environmental measures
• Establish a moratorium on awarding of new concessions and recommend that this moratorium stay in place until satisfactory standards of governance and management are achieved in existing concessions
• Introduce the concept of third party observation into forest control. A scoping mission by Global Witness on the feasibility of detecting illegal logging and non-compliance with regulations through the methods of independent forest monitoring ( http://www.globalwitness.org/pages/en/ifmdrc.html) was conducted in 2007. The mission revealed that current legal and administrative systems are unable to protect DRC’s forests from illegal and irregular logging. The Government is currently recruiting a long term independent observer for forest control operations.

4. What was the legal review of forest contracts and was it transparent?

The Legal Review was a process whereby the Government. of DRC analyzed all the forest contracts existing in 2005 to determine whether they were legal or illegal. The Review analyzed 156 contracts and proposed that 91 of them should be cancelled. The Government endorsed this proposal and sent formal letters to all concerned companies voiding their logging contracts and informing them that forest operations should be stopped. The Review benefitted from the support of an international independent observer (Consortium composed of AGRECO and the World Resources Institute) which certified that, despite imperfections, all stages of the Legal Review, including the appeal stage, were carried out objectively, impartially and equitably, and in line with prevailing laws and regulations. The Bank strongly encourages that the DRC Government fully implement the recommendations of the Legal Review. Detailed reports on the Legal Review are available on the Internet at http://www.rdc-conversiontitresforestiers.org/

5. What are the next steps in the Legal Review process? Are there risks to the integrity of the process and deliberations?

At this time all companies found not compliant by the Legal Review have been formally requested, both by the Minister in charge of forests and the Governors of the provinces where such companies operate, to stop forest operations.

The follow up to the Legal Review was discussed in quite some detail during a three day workshop organized in Kinshasa on March 4 to 6, 2009. A significant number of specialized agencies, donors, national and international NGOs, civil society and the private sector participated. The workshop discussed steps that would allow to effectively enforce the deliberations of the Legal review (http://www.cbfp.org/actualites/items/atelier-conversiontitres-kinshasa.html).

The workshop revealed a broad consensus between the government and its partners. But it also revealed concerns that halting operations in some of the logging permits may result in unacceptable loss of employment and investments. The possibility of revisiting some of the Legal Review’s deliberation was discussed but no consensus was reached on this point. Were any exception to be proposed, a majority of participants agreed that strict guidelines should be applied to ascertain the veracity of the employment and investments figures provided by the companies, and that objective criteria be adopted to avoid undermining the integrity of the review process.

The Bank is monitoring the situation closely and encouraging the Government to fully apply the deliberations of the Legal Review.

6. What is the “conversion process” and why is it mentioned when discussing the Legal Review?

The Legal Review separated forest contracts in two categories: illegal and legal. Illegal contracts were made void and cancelled, meaning that all forest operations taking place on forest covered under illegal contracts had to stop.

Legal contracts are eligible for conversion into long term sustainable forest management concession agreements (hence the name “conversion process”). Concession agreements will be fundamentally different from earlier contracts. Earlier contracts gave the holder rights to harvest trees without fulfilling any environmental or social obligations. The new concession contracts mandate that the concessionaire: i) prepare and comply with sustainable forest management plans; ii) integrate social and environmental measures into planning and implementation of forest management operations.

It is important to know that not all forest contracts judged in compliance with the Legal Review would necessarily be converted into long term forest concessions. In a public statement issued on October 16, 2008, DRC’s Minister of Forests, Nature Conservation and Tourism announced that only those companies that have signed social responsibility agreements with local communities would be entitled to move ahead with the conversion from forest contract to long term sustainable forest management concession agreements.

7. Some refer to flaws in the “conversion process”. What are they and how is the World Bank involved?

Some flaws were reported by the Independent Observer to the Legal Review, as well as by a number of international NGOs. The most significant include: time constraints for companies and the Government technical team to conduct preparatory consultations and in-depth investigations; the inapplicability of some of the criteria based on which the review was to be conducted; and the late arrival of the representatives of the local communities and indigenous groups concerned by each title, and whose view could only be heard after the cases had been discussed in plenary meetings.

The World Bank Group has helped the Government alleviate some of these problems, notably by providing significant additional financial resources for the selection, transport, lodging and coaching of the representatives of local communities and indigenous groups so that they could come to Kinshasa and participate in the IMC work.

While important, the Independent Observer noted that these flaws did not affect the transparency and the compliance of the process with established rules and principles, and had no discernable influence on the decisions that were ultimately made.

8. How were local communities informed about the conversion process?

Local communities were briefed on the conversion process by CRON, a Network of Environmental NGOs recruited by the Government with Bank financing, who assisted in the selection of the representatives of the local communities and indigenous people who participated the inter-ministerial commission as full members.

Representatives of communities living in proximity to each logging contract reviewed by the Inter-Ministerial Commission (IMC) were invited to participate as IMC members when deliberations concerning that particular contract occurred. Thanks to Bank financing, a total of 153 representatives were chosen by their own communities with the aid of the CRON. 133 community representatives, of whom 17 were indigenous people, traveled to Kinshasa to participate in the IMC work. Unfortunately, extremely difficult travel logistics prevented many community representatives from reaching Kinshasa on time for the plenary sessions when the case of their area was being discussed; and other logistical problems made it impossible for the IMC to reschedule its work around the arrival time of community members. All of the representatives that came to Kinshasa were nevertheless heard by the IMC and their comments and views were recorded by the IMC. The President of the IMC explained the conversion process to each community representative, highlighting the obligation for the timber companies to negotiate and sign a social agreement (cahier des charges) with local communities before the forest concession contract could be signed.

9. Is it true that the moratorium on new logging concessions is in question? What is the Bank’s view on this?

On October 16, 2008, the Minister in charge of Forest and Environment used a public event with the press, diplomatic corps and civil society to clarify that the moratorium will remain in place. The Bank Group view is that the moratorium should stay in place until: participatory zoning is completed on potential concession areas, a transparent and competitive system is used to select future concessionaires; institutional capacity to regulate, monitor and control commercial forestry has been created; and a three-year rolling plan has been established indicating the exact number, areas and locations where concessions will be gradually awarded. The use of the three-year rolling plan, which is mandated in a 2005 Presidential Decree, and the use of the participatory zoning should result in a gradual and planned award of new concessions, once the moratorium is over.

10. How is the World Bank working with indigenous communities, including Pygmies, in the DRC?

Through its forest work, the World Bank Group is helping to raise the profile of DRC’s indigenous people locally and internationally, establishing direct lines of communication in the field and at the policy level, and promoting the participation of indigenous people in decisions relevant to their livelihood and welfare. The Bank Group has facilitated and financed the participation of Pygmy representatives in the Legal Review. The upcoming Bank-financed Forests and Nature Conservation Project integrates design features and resources to ensure that the project will benefit indigenous people. Over 200 Pygmy representatives were consulted during the preparation of the forest project and several of their suggestions have been integrated into the project.

The Bank is intensifying its support for indigenous people in DRC, including the Pygmies who are estimated to number anywhere between 400, 000 to 600,000 out of DRC's 60 million total population. The World Bank recognizes that assisting them to fulfill their socio-economic and cultural aspirations poses a considerable challenge, and that solutions to their development needs will not come from the forest sector alone. The Bank is therefore helping the Government strengthen its support to Indigenous People through all Bank projects working in areas of concentration of Indigenous People. In addition and most importantly, the Bank Group is working with the Government and Indigenous Peoples organizations to prepare a “Pygmy Development Strategy”. This strategy will analyze factors which threaten the cultural identity of Pygmy populations and contribute to their impoverishment, and outline actions that must be taken to address these factors.

11. Will the creation of new protected areas damage the rights of indigenous people?

No. In helping preserve biodiversity the Bank also promotes participatory mapping and local consultations prior to creating new protected areas. In existing protected areas, the Bank promotes greater participation of local communities including indigenous peoples in decision-making and management. The Bank believes that participatory forest mapping must secure the traditional rights of local, forest-dependent people including Pygmies, and that the creation of new protected areas in the DRC should follow the principle of free, prior and informed consent of local people. The old paradigm of park management where all social and economic activities were banned and inhabitants forced to leave is being replaced by a more sensitive approach that focuses on participatory management and on preserving indigenous people’s traditional rights. Moreover, protecting the rights of Indigenous Peoples in forest-rich countries will be central in the ongoing debate on reducing emissions from deforestation and degradation (REDD).

12. What are the plans for an Independent Forest Monitor (IFM) in the DRC and where do they stand?

From July 19 to October 11, 2007, the Government of DRC worked with an independent observer to look into issues associated with forest control operations. The partner selected for this test operation was Global Witness (GW). GW helped with evaluating control procedures and operations, undertaking joint control missions, providing technical expertise to document infractions as well as with related tasks. This test revealed that the Government’s instruments and organization were inadequate to protect DRC’s forests from illegal logging and it suggested improvements. The test convinced the Government of the value of independent monitoring as a means of establishing viable and credible systems to control commercial logging operations. The Government has just initiated a competitive process to recruit long term assistance to establish an independent observer. This assistance will be financed by a Multidonor Trust Fund for Forest Governance.

13. What are the World Bank’s future plans in the forest sector in DRC?

The World Bank Group’s assistance is rapidly shifting from supporting policy reforms to financing implementation of such reforms on the ground. Four operations will be approved or become effective between April and June 2009. These operations look at forests as a long term provider of multiple goods and of environmental services for the benefits of local populations, of the Congolese nation and for the global environment.

The objective of the Forest and Nature Conservation Project is to strengthen the capacity of the Ministry of Environment, Nature Conservation and Tourism (MECNT) and the Congolese Nature Conservation Institute (ICCN), as well as foster collaboration among government institutions, civil society, and other stakeholders in order to manage forests sustainably and equitably for multiple uses in three pilot provinces.. This project is co-financed with the Global Environmental Facility (GEF) and contributes to the implementation of a multidonor forest program designed by the Government and its development partners.

The Bank also supports the implementation of a Multi Donor Trust Fund for Forest Governance, financed by Belgium, the European Union, France, Germany, Luxembourg and the Netherlands; a GEF project for capacity building of the ICCN and the rehabilitation of the Garamba and Virunga National Parks and a project to enable DRC to request financing for avoided deforestation.

Another project expected to be approved soon by the Bio Carbon Fund deals with Carbon Sink at IBI Bateke. Bank Group support is synergistic with and facilitates implementation of forest and environmental programs financed by the EU, the USA, the UK, Germany, Belgium, France, Norway, Sweden, Germany, the African Development Bank, GEF/UNDP and UNEP as well as with efforts financed through voluntary contribution to national and international NGOs.

The World Bank continues to support the implementation of the forest reforms described in a publication “Forests in Post-Conflict Democratic Republic of Congo: Analysis of a Priority Agenda,” prepared by World Bank staff and 14 civil society and research organizations (available online at http://www.cifor.cgiar.org/publications).