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FOREST REFORM
IN THE DEMOCRATIC
REPUBLIC OF CONGO:
LEAVING PEOPLE OUT




                     Protecting Ancient Forests




JULY 2010
INTRODUCTION
    The Congo Basin is home to the world’s second largest          In addition to the environmental havoc that logging
    tropical forest after the Amazon. A significant part of        causes, industrial logging in Central Africa often leads to
    these forests is in the Democratic Republic of Congo           serious social conflicts. Forest villagers and indigenous
    (DRC). A vital source of food, medicine and other basic        peoples continue to be excluded from the decisions
    services for more than 40 million Congolese people,            determining the fate of their forests, and logging in DRC
    these forests are also invaluable for their biodiversity and   is characterised by the use of violence by security forces
    their role in mitigating climate change. Unfortunately, they   called in to quell village resistance; human rights are
    are under threat from industrial logging companies, most       frequently violated.
    of them foreign-owned, which plunder the DRC’s rich
                                                                   Human rights abuses committed this year in Bandundu
    resources with impunity – and take the profits elsewhere.
                                                                   Province against villagers protesting the logging
    In April 2007, Greenpeace published ‘Carving up the            operations of the Société de développement forestier
    Congo’, which reported serious lapses of forest                (Sodefor) – a subsidiary of Liechtenstein-based
    governance, a lack of institutional capacity, widespread       Norsudtimber (NST) – provide a clear example of the
    illegalities on the part of logging companies operating in     level of violence often used by Congolese logging
    the region and social conflicts, as well as clashes            companies.2 In this incident, a 72-year-old villager,
    between logging companies and established forest               Georges Nkaka, died the day after his release from jail.
    conservation initiatives.1 The report was launched in the      On 26 January, twenty-seven villagers, including
    midst of a World Bank-sponsored ‘legal review’ of 156          Georges Nkaka, were arrested during a sit-in at the
    logging permits, which ended in January 2009 with the          company’s worksite at Luna. They were beaten,
    rubber-stamping of the status quo.                             whipped, confined in a container and – after transfer to
                                                                   the district capital, Inongo – detained in inhumane
    The review was part of an initiative to ‘reform’ the
                                                                   conditions in a police holding cell and in the central
    Congolese forest sector, undertaken by the World Bank
                                                                   prison.
    in 2002, in order to bring legal compliance and
    transparency to one of Africa’s most corrupt resource-         Evidence illustrates that any expansion of Congo’s
    extraction industries. Eight years later, despite the          logging industry will exacerbate social conflict and
    publication of dozens of new decrees, it remains little        environmental destruction and will not create
    more than a smokescreen for business as usual. Forest          ‘sustainable development’. However, the DRC
    law enforcement is still absent, participatory land-use        government seems set to increase logging in the
    planning has not been implemented and public                   near future. It even hopes to financially benefit from
    information about logging operations is virtually non-         the promotion of so-called ‘sustainable forest
    existent.                                                      management’ under a national plan designed to
                                                                   “Reduce Emissions from Deforestation and Forest
                                                                   Degradation” (REDD)3, part of a global initiative to
                                                                   tackle climate change.
COVER © GREENPEACE




       2             Greenpeace International
INDUSTRIAL LOGGING CREATES
SOCIAL CONFLICTS AND UNDERMINES
SUSTAINABLE DEVELOPMENT
In 2002, the DRC government adopted a new Forestry Code under
heavy World Bank pressure. In the same year, it imposed a
moratorium on the exchange, renewal and allocation of logging
permits which it immediately violated. Between 2002 and 2005, over
100 logging permits were allocated, opening up millions of hectares of
forest to logging, without any prior consultation of local people.4

In October 2005, representatives of thirteen Congolese indigenous
peoples’ groups requested the World Bank Inspection Panel to
investigate the Bank’s Emergency Economic and Social Reunification
Support Project (EESRSP), alleging that it violated the Bank’s
operational directives and posed a grave threat to their rights and
interests.5

After over a year of investigation, the Panel concluded that
the allegations were largely justified. It stated:

“The Panel finds that as a result of the forest concession reform
effort, which results in 25 year titles to extract timber, the Bank
will in fact have supported de facto land use zoning. Any zoning
that takes place thereafter will be against the backdrop of the
                                                                         Oshwe, December 2009                                                                   ©GREENPEACE
confirmed concession titles, which may severely limit application
of models for alternative uses of DRC forests.”

It also noted:

“[…] there is wide agreement that industrial logging in DRC
has profound social and environmental impacts. There is also
widespread awareness that DRC lacks basic institutional,
technical and field capacity to address social, environmental
and other issues relating to logging in its forests.”6

Having been excluded from the government’s ‘legal review’ of logging
permits, local communities are now being approached by logging
companies, eager for them to sign provisional ‘social investment
agreements’ (cahiers des charges). These are required for official 25-
year concession contracts. With the assistance of the Congolese
non-governmental organization Codelt,7 the Worldwide Fund for
Nature (WWF) has produced a template ‘social clause’, designed to
standardize logging companies’ agreements with communities. It
tested the template in December 2009, during meetings between
Sodefor and the community of Mbidjankama.




                                                                         Approximately 40 million people in the DRC depend on the rainforest for       © GREENPEACE / JIRO OSE
                                                                         their basic needs, such as medicine, food or shelter.




                                                                                                                                                   Greenpeace International   3
THE SODEFOR CASE                                                  CHRONOLOGY OF SODEFOR’S CONFLICT WITH THE
                                                                  BOKONGO COMMUNITY
In January 2010, Sodefor management called for
police intervention in a conflict with representatives            11 December 2009: Sodefor signed a provisional ‘social investment
                                                                  agreement’ with the Mbidjankama community in the Oshwe territory
of the Bokongo community. This led to human
                                                                  of Bandundu Province.10 This was a prerequisite for the formal
rights abuses and the death of a 72-year-old
                                                                  conversion of its logging permits GA11 28/03 and GA 30/03 into 25-
villager, Georges Nkaka. The full results of a joint              year concessions. The local administration signed the agreement as a
NGO fact-finding mission into the incident, which                 witness, the Environment Ministry, WWF, and the Congolese NGO
Greenpeace participated in, were presented in the                 Codelt as observers.
March 2010 ‘Advocacy report on the recurring
                                                                  The document’s preamble reflected the template which WWF and
conflicts between Sodefor and the Bokongo
                                                                  Codelt had devised months before. It stated: “The boundaries of the
community in Oshwe territory, Bandundu Province.’8
                                                                  logging concessions have been defined in agreement with the parties,
The violence used against local critics of                        particularly with regard to the [traditional] land of the local community
Sodefor last January and February is far from                     […].”12
unprecedented. On several occasions, the                          But it is precisely a longstanding dispute between the neighbouring
company has called in Congolese security forces                   Mbidjankama and Bokongo communities over the boundaries of their
in response to village protests, sometimes with                   forests in Sodefor’s logging area that constituted one of the two
tragic consequences.9                                             principal causes of the ensuing conflict.

                                                                  22 January 2010: Twenty-seven Bokongo villagers arrived at
                                                                  Sodefor’s worksite in Luna to contest the boundaries stipulated
                                                                  during a meeting of the local administration’s security committee on 9
                                                                  December 2009.

                                                                  The second bone of contention ignored by the signatories of the
                                                                  Mbidjankama accord was the Bokongo representatives’ claim that
                                                                  Sodefor owes years of unpaid traditional taxes to their community.
                                                                  This claim is supported by a letter from the Governor of Bandundu
                                                                  dated 22 January 2008. According to the Governor, $5,971,968 was
                                                                  not paid between 1988 and 2002. In a 2008 missive to Sodefor’s
                                                                  Chief Executive Officer, the Governor attributed the latter’s refusal to
                                                                  receive arbitrators in the Bokongo dispute to “sordid manoeuvres of
                                                                  your staff no doubt acting with your benediction.” He refers to
                                                                  Sodefor’s “determination to continue to violate Congolese law with
                                                                  impunity.”14

                                                                  After the breakdown of negotiations at Sodefor’s worksite at Luna in
                                                                  January 2010, the Bokongo delegation blocked the front gates.
                                                                  Contacted by the company’s forest management certification expert,
                                                                  Richard Garrigue, Sodefor management requested the assistance of
                                                                  local authorities and filed a legal complaint at the Inongo public
                                                                  prosecutor’s office.




Bokongo villagers, after their release, providing   ©GREENPEACE
testimony to NGO and Greenpeace fact finding
mission.




4   Greenpeace International
26 January 2010: Ten policemen from Inongo, under the command
of Captain Alfred Bari, arrived at Luna. The fact-finding mission, which
included Greenpeace, was later informed that the deployment of the
                                                                              IN JANUARY 2010, SODEFOR
Inongo police to Luna had been logistically and financially supported         MANAGEMENT CALLED
by Sodefor. The Inongo public prosecutor, when asked how the 200-
km trip had been financed, declined to comment. Throughout Central
                                                                              FOR POLICE INTERVENTION
Africa it is common practice for logging companies to help cover the          IN A CONFLICT WITH
costs of punitive expeditions.
                                                                              REPRESENTATIVES OF THE
At Luna, the Bokongo protesters were beaten and put into a Sodefor
container where they remained for two nights . The leader of the
                                                                              BOKONGO COMMUNITY.
group, 86 year-old Henri Bosama Mpongo, a member of the                       THIS LED TO HUMAN RIGHTS
Provincial Assembly, was spared the container treatment.
                                                                              ABUSES AND THE DEATH OF
28 January 2010: The detainees were ferried under police escort to
Kutu, then over Lake Mai-Ndombe in a Sodefor boat. Sodefor’s
                                                                              A 72-YEAR-OLD VILLAGER,
Richard Garrigue followed behind.17                                           GEORGES NKAKA.
During the protesters’ detention in a police station holding cell at
Inongo, dysentery broke out.

1-2 February 2010: The detainees were transferred to the central
prison. It was reported that prison guards prevented food from
reaching the detainees without payment.

Greenpeace and NGO colleagues from the fact-finding mission were
informed that the Bokongo villagers were first beaten by police at
Sodefor’s worksite at Luna and then again, repeatedly by police, after
their arrival at Inongo. Captain Bari’s claim that the beatings were
administered exclusively by co-prisoners at Inongo prison was
contradicted by the prison warden’s insistence that the Bokongo
prisoners’ injuries had occurred before they arrived at the prison.

8 February 2010: All but one of the protesters were unconditionally
released. Georges Nkaka, who had fallen seriously ill in prison, was
hospitalized immediately after his release, with the help of local civil
society.

9 February 2010: Georges Nkaka died soon after he left the hospital.
The final detainee, Moussa Bosama, was released the same day. He
was gravely ill and immediately admitted to hospital.

10 February 2010: Inongo residents held a protest march against
Sodefor in reaction to these atrocities. Under pressure, Sodefor
agreed to pay for the return of Nkaka’s body to his village.

19 March 2010: At a press conference in Kinshasa, Sodefor claimed
that Georges Nkaka had been released from hospital in satisfactory
condition and that his death was not related to the conditions of
imprisonment.18 The company claimed that its call for police
intervention was justified because the villagers were armed during
their sit-in. A National Parliamentary Commission is expected to
investigate the conflict.                                                  The casket of Georges Nkaka. Inongo, February 2010                 ©GREENPEACE




                                                                                                                                Greenpeace International   5
WHO IS INVOLVED?
                                                                           SODEFOR SPRL
                                                                           Sodefor is one of several DRC subsidiaries of the Portuguese-
                                                                           owned and Liechtenstein-based firm, Norsudtimber (NST), the
                                                                           DRC’s biggest logging permit-holder. The Congolese State is also
                                                                           a Sodefor shareholder.20 NST’s logging permits cover an area of
                                                                           over 7 million ha, more than twice the size of Belgium.

                                                                           All but a tiny fraction of NST’s logging permits passed the World
                                                                           Bank-sponsored ‘legal review’. However, most of its pre-2002 titles
                                                                           had simply been exchanged for new ones in previously unlogged
                                                                           areas, including traditional land of “pygmy” communities, high
                                                                           conservation value forests, intact forest landscapes, and forests
                                                                           containing significant concentrations of rare species such as
                                                                           Bonobos and forest elephants. In a 2003 memo to the Congolese
                                                                           authorities, the World Bank denounced this maneuver as a clear
                                                                           violation of the 2002 moratorium on new title allocation and called
                                                                           on them to “re-examine and reconsider” the permits “before end
                                                                           September 2003”.21



                                                                           NORSUDTIMBER
    Logging workers at Sodefor's site.     © GREENPEACE / FILIP VERBELEN   AKTIENGESELLSCHAFT
                                                                           Norsudtimber, founded in 2006,22 is referred to in the annual
                                                                           reports of its minor shareholder, Precious Woods (see below),
                                                                           as “Nordsudtimber.”23 Other NST-related entities in Liechtenstein
                                                                           include Atlantic Wood Establishment24 and Neuholz
                                                                           Establishment.25 The managing director of the Belgian
                                                                           commodities trader Kreglinger Europe NV, Wim Arnouts,
                                                                           is a member of the NST board.26




    Timber from SODEFOR logging company,                  ©GREENPEACE
    Democratic Republic of Congo




6   Greenpeace International
In bed with Sodefor?
PRECIOUS WOODS GROUP                                                     FORET RESSOURCES MANAGEMENT
Swiss-based Precious Woods often presents itself as a progressive        (FRM)
logging company, citing its Forest Stewardship Council (FSC)-            Since 2005, NST has been contracting France’s best-known
certified operation in the Brazilian Amazon. The group acquired a        ‘sustainable forest management’ consultancy, FRM, to provide
minority stake in NST in 2007 and has announced its interest in          ‘technical assistance’ to Sodefor.31 This was an unusual
eventually increasing its share27 and in achieving FSC certification     investment decision for the group to make, given that the legality of
for NST permits by 2011 “at the latest”.28 The president of the          its titles would not be established by the ‘legal review’ until January
board of directors of Precious Woods, Ernst Brugger, has been an         2009. How could the company know its titles would be allowed to
NST board member since 27 August 2009. Precious Woods                    be converted into legal concessions, especially in the light of the
management likes to stress the influence it has on NST:                  fact that almost all of them were obtained in breach of the 2002
“Since becoming – through its stake in NST – a part owner of             moratorium?
the four forestry businesses in DR Congo, Precious Woods has             FRM boasts that it offers Sodefor “a solid analysis of the forest and
maintained a regular dialogue with the respective                        its environment […]: multi-resource inventory of hardwood potential
management of these companies. The Chairman and several                  and of biodiversity, logging mapping, socio-economic studies,
members of Precious Woods’ Board of Directors have visited               forestry studies…”32 In its work for Sodefor, “great importance is
the DR Congo on a number of occasions. Our CFO and Group                 accorded to the socio-economic dimension […]”.33
Controller’s visit has already had a positive effect on the
companies’ financial reporting”.29                                       WWF
Seemingly satisfied with the results of the ‘legal review’, Precious     Last year, Sodefor applied for admission into WWF’s Global Forest
Woods stated in its 2008 annual report:                                  & Trade Network (GFTN), an “initiative to eliminate illegal logging
                                                                         and transform the global marketplace into a force for saving the
“[...] the somewhat more unstable political situation [in DRC]
                                                                         world's valuable and threatened forests […] by facilitating trade
was offset by conversion of the “droits d’approvisionnement”
                                                                         links between companies committed to achieving and supporting
[pre-“legal review” logging permits] into fully recognised
                                                                         responsible forestry”.34
concession rights being completed.” 30
                                                                         WWF has been in regular contact with Sodefor over the past few
In other words: who needs political stability in a country like Congo,
                                                                         years. WWF’s signature – as an observer – is on the December
when you have ‘legality’?
                                                                         2009 social clause agreement which ignited the conflict described
In a letter to Ernst Brugger on 20 May 2010, Greenpeace                  in this report. WWF funded an NGO mission to Inongo to
demanded a public statement from Precious Woods to explain               investigate the incident35. The NGOs that participated held a press
“the discrepancy between SODEFOR’s logging practices in the              conference in Kinshasa on 11 March 2010. But WWF has not
DRC and Precious Woods’ investment in the promotion of                   publicly commented on the conflict.
‘ecologically and socially responsible usage of forests’”. On 17
                                                                         WWF will need to assess whether Sodefor can become a GFTN
June 2010, he replied: “Precious Woods has no control over
                                                                         member in the current circumstances. Greenpeace strongly
Sodefor, and therefore cannot respond to whatever role SODEFOR
                                                                         believes that Sodefor’s current practices are incompatible with so-
may have played in this [social conflict] case”. He added:
                                                                         called ‘responsible forestry’ and that serious preconditions should
“SODEFOR […] is committed to undertake the necessary
                                                                         be set prior to accepting such official partnership with companies
measures to attain FSC-certification in due course, including
                                                                         like Sodefor. For example, the company should radically improve
additional efforts in community relations.”
                                                                         transparency and public information availability (maps, timber
                                                                         volumes, taxes and facilitation payments, lists of company
                                                                         shareholders, the value of wood throughout the chain of custody,
                                                                         etc.), solve existing social conflicts like the one in Inongo and
                                                                         prevent them from happening again, and commit itself not to open
                                                                         up Intact Forest Landscapes (IFLS) during its logging operations.




                                                                                                                             Greenpeace International   7
SOCIAL CONFLICTS CAUSED BY                                                OTHER LOGGING COMPANIES’
LOGGING COMPANIES ARE ROUTINE                                             APPROACH TO SOCIAL CONFLICT
IN THE DRC                                                                MANAGEMENT IN THE DRC – THE
The Bokongo incident is only one of the most recent examples of           EXAMPLE OF SIFORCO
logging companies’ use of the police or military to violently suppress    Like Sodefor, the Société Industrielle et Forestière du Congo (Siforco)
protests by villagers. Greenpeace has documented many such                – a subsidiary of the Swiss-based Danzer Group – has also
cases.36                                                                  repeatedly called in local authorities to manage social conflict, even
Over the years, Sodefor has established a solid reputation for relying    though it claims to practice so-called ‘sustainable forest
on the Congo’s security forces to confront villagers who dare criticize   management’ and aspires to FSC certification.40
its operations. In March 2006, when residents of Mbelo, near Lisala       In February 2010, only days after the Bokongo protesters were
(Equateur Province), protested against the lack of implementation of a    released from jail at Inongo, eighteen villagers of Yaewonge, in
social investment agreement for Sodefor permit GA 23/03, the police       Equateur Province, were arrested and jailed at Bumba for blockading
and military invaded the village and reportedly committed 38 rapes,       Siforco logging trucks.41
looted and destroyed property.37 The death of one of the 37 villagers
subsequently arrested appears to have been caused by beatings             In September 2006, twenty-nine villagers and human rights activists
received whilst in jail.38 In September 2008, the World Bank-             sent a petition to the government complaining of abusive logging by
sponsored ‘legal review’ of logging titles gave GA 23/03 its official     SIFORCO.42 In response, the company not only filed a libel suit
stamp of approval: “The company satisfied all the necessary               against the petitioners but also tried to discredit Congo’s most
criteria.”39                                                              respected human rights group, La Voix des Sans Voix (VSV). The
                                                                          petition had been signed at a seminar in Bumba, organized by VSV. In
Villagers from Ikala, near Oshwe (Bandundu Province), told                response to a Greenpeace report in 2008, Danzer stated with
Greenpeace that, in 2006, a local chief and his assistant were            reference to VSV:
imprisoned in Oshwe for a week after they resisted Sodefor’s
proposals. They were whipped and had to sleep on the ground; their        “[…] The so-called NGO is unregistered and operating outside
relatives were too far from Oshwe to bring them food during their         the statutes and is primarily pursuing the personal interests of its
detention.                                                                chairman. […]”43

In December 2008, Sodefor sought the consent of the villagers of          In the weeks following the discovery of the body of VSV chairman,
Isoko, near Oshwe, to restart logging in their area. The villagers        Floribert Chebeya, on 2 June 2010 – a day after he received a police
refused. After the failure of negotiations, Sodefor appears to have       summons – the international community unanimously paid tribute to
called for police intervention. However, in this instance it was          his courage, integrity and modesty. Danzer’s allegations about VSV
unsuccessful.                                                             and Chebeya were removed from the company’s website only in late
                                                                          June.

                                                                          Recent information indicates that, three years after the libel suit was
                                                                          filed, Siforco’s management finally opened dialogue with the
                                                                          petitioners in an attempt to reach an out-of-court settlement. The libel
                                                                          suit had not been formally dropped. The petitioners still request that
                                                                          all pending social conflicts created by Siforco’s logging operations are
                                                                          addressed.




8   Greenpeace International
CONCLUSION
Criticism of commercial logging in the Congo Basin usually focuses              TIME FOR A CHANGE TO THE BENEFIT
on the environmental havoc it wreaks or on narrowly defined issues of
legality. However, industrial logging also causes serious social
                                                                                OF PEOPLE, CLIMATE AND
conflicts, which often result in human rights violations. Despite, or           BIODIVERSITY
because of, their heavy investment in the DRC’s forest sector                   Greenpeace calls on the DRC Government to stop granting any new
‘reform’, international donors tend to ignore logging conflicts, even           industrial logging permits. Greenpeace considers that, amongst other
though cases involving human rights abuses are reported in the                  preconditions for the lifting of the 2002 moratorium, a participatory
media.                                                                          land-use plan that promotes non-destructive community use of
                                                                                forests must first be finalised and validated and that transparency,
It is likely that incidents of conflict will increase as the logging industry
                                                                                control and accountability in the forest sector must be radically
expands into new areas inhabited by villagers and indigenous
                                                                                improved.
communities left out of the ‘reform’ process.
                                                                                It is urgent that donors and the DRC Government shift their support
The World Bank’s vision of the forestry sector in the DRC regards
                                                                                away from destructive logging and towards plans that will increase
industrial scale logging as a way of boosting the country’s gross
                                                                                climate protection, as well as environmentally responsible and socially
domestic product and tax revenue. Unsurprisingly, logging tax
                                                                                equitable development.
revenue is still not redistributed to local people, which exacerbates
anger and frustration. Local people are paying the price for the Bank’s         Logging companies operating in the DRC are currently the single
decision to push through a ‘legal review’ of the sector before land-use         most important threat to the degradation of Intact Forest Landscapes
plans are in place.                                                             and their activities, albeit described as “selective”, also contribute to
                                                                                the emission of carbon dioxide.
Community mapping and the full disclosure of logging information
(maps, timber volumes, taxes and facilitation payments, lists of                Logging companies must stop portraying their activities as
company shareholders, the value of wood throughout the chain of                 “sustainable forest management”, stop logging in intact forest
custody, etc.), would help empower local people. However,                       landscapes and other high conservation value areas, disclose public
supporting such activities is clearly less of a priority for donors than        information on their operations, and respect forest-dependent
accelerating the pace of industrial logging. For example, in a letter to        peoples’ rights and livelihood.
Greenpeace, Global Witness, and Rainforest Foundation UK and
Norway, sent on 21 April 2010, the World Bank states that it has no
objection to the reactivation of nine logging titles deemed invalid by
the very ‘legal review’ it financed. The total number of such titles has
yet to be announced by the Ministry.

Several European initiatives are underway to “clean up” the DRC’s
timber sector and to ensure that only “legal” wood enters the
European marketplace. The European Union has set in motion the
first stages of Voluntary Partnership Agreement (VPA) negotiations
with the DRC, designed to combat illegal logging and trade. The
French and German Overseas Development Agencies are keen to
facilitate the forest management plans of multinationals such as NST
and Danzer and to promote their FSC certification. However, these
initiatives ignore the root problems that define the logging sector in
the DRC and elsewhere in Central Africa: an industry that operates in
complicity with a handful of powerful elites, and in the absence of
secure community rights or functioning institutions.

Although these realities are universally known, donors are standing by
whilst the DRC Government plans to substantially increase industrial
logging. In its recently published “Readiness Plan for REDD [Reduced            Children in the village of Bossa where Sodefor has a logging permit.                    ©GREENPEACE
Emissions from Deforestation and Forest Degradation]”, the                      Expansion of logging into remaining areas of intact forests in the Democratic
                                                                                Republic of the Congo will destroy critical carbon reserves and biodiversity.
government outlines its plan to allocate another 10 million hectares of         Beyond climate change and environmental impacts, logging in the region
new concessions as soon as the moratorium on new titles is lifted.44            exacerbates poverty and leads to social conflict.




                                                                                                                                                         Greenpeace International   9
ENDNOTES                                                                                                      23 Precious Woods annual report 2008,
                                                                                                              http://www.preciouswoods.com/images/stories/2008/pw_annual_report_08, p. 75.
1 Greenpeace, “Carving up the Congo,” April 2007,
                                                                                                              24
http://www.greenpeace.org/international/campaigns/forests/africa/congo-report
                                                                                                              http://www.oera.li/webservices/HRG/HRG.asmx/getHRGHTML?chnr=0002152202&amt=690&toBeMod
2 Greenpeace, SARW, OSISA, RRN, OCEAN, CERN, CENADEP, ASADHO, CJPSC, CDJP, « Rapport                          ified=0&validOnly=11000&lang=1&sort=0
du plaidoyer relatif aux conflits récurrents entre la Sodefor et le groupement Bokongo à Oshwe au
                                                                                                              25
Bandundu, » March 2010.
                                                                                                              http://www.oera.li/webservices/HRG/HRG.asmx/getHRGHTML?chnr=0002287692&amt=690&toBeMod
3 Ministère de l’Environnement, Conservation de la Nature et du Tourisme. République Démocratique             ified=0&validOnly=11000&lang=1&sort=0
du Congo.V2. R-PP Plan de préparation à la REDD. 2010 – 2012. R-PP draft. Version 19 February 2010.
                                                                                                              26 He has been a member of the Board since 9 June 2008, according to Offentlichkeitsregister
4 Greenpeace, 2007, op. cit., and Greenpeace, “DRC Logging sector briefing for the Democratic                 Liechtenstein. See http://www.kreglinger-europe.com/eng/company: “‘During the Colonial Era next to
Republic of Congo: DRC logging review: The carving up of the Congo continues,” October 2008,                  wool we also had important coffee plantations in Congo; now there are only a few left,’ Arnouts tells me.
http://www.greenpeace.org/international/press/reports/DRC-logging-sector-briefing.                            ‘There was a time we produced 60.000 tons of coffee per year, today only 240 tons. The whole
                                                                                                              infrastructure collapsed at the independence of the country. This was dramatic for the Congolese, but it
5 Organisations Autochtones Pygmées et accompagnant les Autochtones Pygmées en République                     was time for us to look for other markets.’ […] Next to wool, sheep skins and wine Kreglinger also trades
Démocratique du Congo, « Requête adressée au Panel d’Inspection de la Banque Mondiale », 30                   in tropical products (coffee, rubber, papain, etc.), a remainder of the colonial era, and in specialty
October 2005,                                                                                                 ingredients and chemicals for pharmaceutical-, cosmetic-, food- and general industries and for
http://www.rainforestfoundationuk.org/files/Inspection%20Panel%20complaint%20%20Dec.%2005_FR.                 agriculture.”
pdf
                                                                                                              27 Precious Woods General Assembly, 20 May 2010.
6 World Bank Inspection Panel, Report No. 40746 – ZR, “Investigation Report DEMOCRATIC
REPUBLIC OF CONGO: Transitional Support for Economic Recovery Grant (TSERO) (IDA Grant No. H                  28 Ernst Brugger oral communication to Greenpeace, 20 May 2010. See also
1920-DRC) and Emergency Economic and Social Reunification Support Project (EESRSP) (Credit No.                http://www.preciouswoods.com/index.php?option=com_content&task=view&id=81&Itemid=142
3824-DRC and Grant No. H 064-DRC),” 31 August 2007, pp. 130-1.
                                                                                                              29 Precious Woods, annual report 2007,
7 Conseil pour la Défense Environnementale par la légalité et la Traçabilité.                                 http://www.preciouswoods.com/images/stories/gb07_pw_e.pdf, pp. 22-3. See also “Although Precious
                                                                                                              Woods is a minority investor in the NST group, it is well positioned to ensure that NST takes the right
8 Greenpeace et al., 2010, op. cit. See also Radio Okapi, « Torture de 27 paysans Bokongo:                    steps.” http://www.preciouswoods.com/index.php?option=com_content&task=view&id=81&Itemid=142
Greenpeace et 9 ONG partenaires accusent la police et Sodefor », 9 March 2010,
http://radiookapi.net/actualite/2010/03/09/torture-de-27-paysans-bokongo-green-peace-et-9-ong-                30 Precious Woods, annual report 2008,
partenaires-accusent-la-police-et-sodefor/; Diocèse d’Inongo, « le conflit Sodefor - Groupement               http://www.preciouswoods.com/images/stories/2009/pw_annual_report_08.pdf, p. 75.
Bokongo », 15 February 2010, http://evecheinongo.blogspot.com/2010/02/le-conflit-sodefor-
                                                                                                              31 As well as to Sodefor’s sister-company Soforma. http://www.frm-
groupement-bokongo.html
                                                                                                              france.com/index.php?tg=spec&idx=liste&act=cust&num=12&pgo=1&pgw=1&keywords=&andor=
9 Greenpeace, 2007 and 2008, op. cit.
                                                                                                              32 Ibid.
10 Greenpeace et al., 2010, op. cit. for this section. Greenpeace translations throughout.
                                                                                                              33 http://www.frm-france.com/index.php?tg=spec&idx=liste&act=cust&num=12&pgo=1&prid=2
11 ‘Garantie d’approvisionnement’ or ‘timber supply guarantee’.
                                                                                                              34 http://gftn.panda.org/
12 Note the misuse of the technical term ‘concessions’. Conversion of GA logging permits into
                                                                                                              35 Codelt et al.,‘Rapport de mission d’information sur le conflit déclaré entre la Sodefor et le
‘concessions’ is contingent on Ministry approval of the social agreement under negotiation.
                                                                                                              groupement Bokongo. Par : La Société Civile environnementale Indépendante. Avec l’appui logistique de
13 Includes payments allegedly owed by Sodefor’s predecessor Forescom. Sodefor was founded in                 WWF / RDC’, undated. PDF title: Rapport mission Inongo version du 12 mars’.
1994. During a 19 March 2010 press conference, Sodefor cited 28 January 2002 and 28 October 2004
                                                                                                              36 Greenpeace, 2007 and 2008, op. cit.
court decisions rejecting these claims. Sodefor, “Conférence de presse Sodefor du 19 mars 2010”, 19
March 2010.                                                                                                   37 Actions pour la Protection et l’Encadrement de l’Enfant, ‘Rapport sur la violation des droits humains
                                                                                                              perpétrée dans le village Mbelo le 30 Mars 2006’, June 2007; La Prospérité, ‘Face aux abus dans
14 In a 17 December 2009 letter to Sodefor the Bokongo community also demands investments in
                                                                                                              l’exploitation du bois : L’ESDIHB invite le Gouvernement à faire appliquer le code forestier’, 18 July 2008;
infrastructure including health centers, schools, a market, a wood depot, and potable water. See
                                                                                                              Greenpeace 2008, op. cit.
Greenpeace et al., 2010, op. cit.
                                                                                                              38 Ibid.
15 Ibid. p.4.
                                                                                                              39 Ministry of Environment, Conservation of Nature and Tourism, Commission Interministérielle de
16 Sodefor claims that the detainees were “kept” in a container and that on 27 January they were free
                                                                                                              Conversion des Anciens Titres Forestiers, ‘Tableau Récapitulatif par titre des recommandations de la
to circulate within the confines of the worksite. Sodefor, op. cit.
                                                                                                              Commission Interministérielle de Conversion des anciens titres forestiers’, 19 September 2008.
17 Ibid., pp. 4-5, and Codelt, et al., ‘Communiqué de Presse de la mission indépendante de la société         Greenpeace translation.
civile environnementale sur les incidents survenus entre Sodefor et les membres de la communauté du
                                                                                                              40 Greenpeace, October 2008, op. cit.
groupement BOKONGO à « Mike 12 » dans le territoire d’OSHWE/Bandundu’, 15 Mars 2010.
                                                                                                              41 Agence catholique DIA, ‘RDC : Des paysans du village Yaewonge arrêtés sur ordre de la Siforco’, 8
18 Sodefor, op. cit.
                                                                                                              March 2010, http://www.dia-afrique.org/index.php?option=com_content&view=article&id=89:rdc--des-
19 NST’s other subsidiaries are Société Forestière du Mayumbe (Soforma), Société Forestière et                paysans-du-village-yaewonge-arretes-sur-ordre-de-la-siforco&catid=37:politique-et-societe&Itemid=29.
Agricole de la M’Bola (Forabola), and Compagnie Forestière et de Transformation (CFT).                        The villagers have since been released.

20 Radio Okapi, « L’Etat congolais prêt à céder ses parts dans 7 entreprises mixtes », 26 March 2010,         42 See Survie, ‘RDC : Les sans voix de la forêt osent élever la voix’, 7 May 2007,
http://radiookapi.net/economie/2010/03/26/letat-congolais-pret-a-ceder-ses-parts-dans-7-entreprises-          http://survie.org/billets-d-afrique/2007/158-mai-2007/RDC-Les-sans-vois-de-la-foret-ose and
mixtes/. In 2004 the State owned 18% of Sodefor. « Arrêté interministériel [...] du 17 juillet 2004 portant   Greenpeace, October 2008, op. cit.
approbation de l’agrément du projet d’investissement de la Société de développement forestier « «
                                                                                                              43 Danzer Group, “Statement of Danzer Group responding to the Greenpeace Report ‘Logging Sector
SODEFOR ».
                                                                                                              Briefing for the Democratic Republic of Congo – DRC logging review: The carving up of the Congo
21 World Bank, « Mission de suivi du secteur forestier (1er – 12 juillet 2003), » 2003.                       continues’, published in October, 2008,” October 2008,
                                                                                                              http://www.danzergroup.com/fileadmin/files_group/docs/Statement_Danzer_Group_final.pdf
22
http://www.oera.li/webservices/HRG/HRG.asmx/getHRGHTML?chnr=0002210454&amt=690&toBeMod                        44 Ministry of Environment, Conservation of Nature and Tourism, “Readiness Plan for REDD 2010-2012
ified=0&validOnly=11000&lang=1&sort=0                                                                         R-PP Draft,” 2 March 2010, p. 114,
                                                                                                              http://www.forestcarbonpartnership.org/fcp/sites/forestcarbonpartnership.org/files/Documents/PDF/Mar
                                                                                                              2010/RDC_R-PP_version_2_March_2010_English.pdf.




10   Greenpeace International
© GREENPEACE / KATE DAVISON




Greenpeace International   11
Greenpeace is an independent global
 campaigning organisation that acts to
 change attitudes and behaviour, to
 protect and conserve the environment
 and to promote peace.


 Greenpeace International
 Ottho Heldringstraat 5
 1066 AZ Amsterdam
 The Netherlands
 Tel: +31 20 7182000
 Fax: +31 20 5148151




12greenpeace.org                                                                                  12
                                         Fishy Business: Stolen Pacific Tuna in the European Market

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Congo forest reform

  • 1. greenpeace.org FOREST REFORM IN THE DEMOCRATIC REPUBLIC OF CONGO: LEAVING PEOPLE OUT Protecting Ancient Forests JULY 2010
  • 2. INTRODUCTION The Congo Basin is home to the world’s second largest In addition to the environmental havoc that logging tropical forest after the Amazon. A significant part of causes, industrial logging in Central Africa often leads to these forests is in the Democratic Republic of Congo serious social conflicts. Forest villagers and indigenous (DRC). A vital source of food, medicine and other basic peoples continue to be excluded from the decisions services for more than 40 million Congolese people, determining the fate of their forests, and logging in DRC these forests are also invaluable for their biodiversity and is characterised by the use of violence by security forces their role in mitigating climate change. Unfortunately, they called in to quell village resistance; human rights are are under threat from industrial logging companies, most frequently violated. of them foreign-owned, which plunder the DRC’s rich Human rights abuses committed this year in Bandundu resources with impunity – and take the profits elsewhere. Province against villagers protesting the logging In April 2007, Greenpeace published ‘Carving up the operations of the Société de développement forestier Congo’, which reported serious lapses of forest (Sodefor) – a subsidiary of Liechtenstein-based governance, a lack of institutional capacity, widespread Norsudtimber (NST) – provide a clear example of the illegalities on the part of logging companies operating in level of violence often used by Congolese logging the region and social conflicts, as well as clashes companies.2 In this incident, a 72-year-old villager, between logging companies and established forest Georges Nkaka, died the day after his release from jail. conservation initiatives.1 The report was launched in the On 26 January, twenty-seven villagers, including midst of a World Bank-sponsored ‘legal review’ of 156 Georges Nkaka, were arrested during a sit-in at the logging permits, which ended in January 2009 with the company’s worksite at Luna. They were beaten, rubber-stamping of the status quo. whipped, confined in a container and – after transfer to the district capital, Inongo – detained in inhumane The review was part of an initiative to ‘reform’ the conditions in a police holding cell and in the central Congolese forest sector, undertaken by the World Bank prison. in 2002, in order to bring legal compliance and transparency to one of Africa’s most corrupt resource- Evidence illustrates that any expansion of Congo’s extraction industries. Eight years later, despite the logging industry will exacerbate social conflict and publication of dozens of new decrees, it remains little environmental destruction and will not create more than a smokescreen for business as usual. Forest ‘sustainable development’. However, the DRC law enforcement is still absent, participatory land-use government seems set to increase logging in the planning has not been implemented and public near future. It even hopes to financially benefit from information about logging operations is virtually non- the promotion of so-called ‘sustainable forest existent. management’ under a national plan designed to “Reduce Emissions from Deforestation and Forest Degradation” (REDD)3, part of a global initiative to tackle climate change. COVER © GREENPEACE 2 Greenpeace International
  • 3. INDUSTRIAL LOGGING CREATES SOCIAL CONFLICTS AND UNDERMINES SUSTAINABLE DEVELOPMENT In 2002, the DRC government adopted a new Forestry Code under heavy World Bank pressure. In the same year, it imposed a moratorium on the exchange, renewal and allocation of logging permits which it immediately violated. Between 2002 and 2005, over 100 logging permits were allocated, opening up millions of hectares of forest to logging, without any prior consultation of local people.4 In October 2005, representatives of thirteen Congolese indigenous peoples’ groups requested the World Bank Inspection Panel to investigate the Bank’s Emergency Economic and Social Reunification Support Project (EESRSP), alleging that it violated the Bank’s operational directives and posed a grave threat to their rights and interests.5 After over a year of investigation, the Panel concluded that the allegations were largely justified. It stated: “The Panel finds that as a result of the forest concession reform effort, which results in 25 year titles to extract timber, the Bank will in fact have supported de facto land use zoning. Any zoning that takes place thereafter will be against the backdrop of the Oshwe, December 2009 ©GREENPEACE confirmed concession titles, which may severely limit application of models for alternative uses of DRC forests.” It also noted: “[…] there is wide agreement that industrial logging in DRC has profound social and environmental impacts. There is also widespread awareness that DRC lacks basic institutional, technical and field capacity to address social, environmental and other issues relating to logging in its forests.”6 Having been excluded from the government’s ‘legal review’ of logging permits, local communities are now being approached by logging companies, eager for them to sign provisional ‘social investment agreements’ (cahiers des charges). These are required for official 25- year concession contracts. With the assistance of the Congolese non-governmental organization Codelt,7 the Worldwide Fund for Nature (WWF) has produced a template ‘social clause’, designed to standardize logging companies’ agreements with communities. It tested the template in December 2009, during meetings between Sodefor and the community of Mbidjankama. Approximately 40 million people in the DRC depend on the rainforest for © GREENPEACE / JIRO OSE their basic needs, such as medicine, food or shelter. Greenpeace International 3
  • 4. THE SODEFOR CASE CHRONOLOGY OF SODEFOR’S CONFLICT WITH THE BOKONGO COMMUNITY In January 2010, Sodefor management called for police intervention in a conflict with representatives 11 December 2009: Sodefor signed a provisional ‘social investment agreement’ with the Mbidjankama community in the Oshwe territory of the Bokongo community. This led to human of Bandundu Province.10 This was a prerequisite for the formal rights abuses and the death of a 72-year-old conversion of its logging permits GA11 28/03 and GA 30/03 into 25- villager, Georges Nkaka. The full results of a joint year concessions. The local administration signed the agreement as a NGO fact-finding mission into the incident, which witness, the Environment Ministry, WWF, and the Congolese NGO Greenpeace participated in, were presented in the Codelt as observers. March 2010 ‘Advocacy report on the recurring The document’s preamble reflected the template which WWF and conflicts between Sodefor and the Bokongo Codelt had devised months before. It stated: “The boundaries of the community in Oshwe territory, Bandundu Province.’8 logging concessions have been defined in agreement with the parties, The violence used against local critics of particularly with regard to the [traditional] land of the local community Sodefor last January and February is far from […].”12 unprecedented. On several occasions, the But it is precisely a longstanding dispute between the neighbouring company has called in Congolese security forces Mbidjankama and Bokongo communities over the boundaries of their in response to village protests, sometimes with forests in Sodefor’s logging area that constituted one of the two tragic consequences.9 principal causes of the ensuing conflict. 22 January 2010: Twenty-seven Bokongo villagers arrived at Sodefor’s worksite in Luna to contest the boundaries stipulated during a meeting of the local administration’s security committee on 9 December 2009. The second bone of contention ignored by the signatories of the Mbidjankama accord was the Bokongo representatives’ claim that Sodefor owes years of unpaid traditional taxes to their community. This claim is supported by a letter from the Governor of Bandundu dated 22 January 2008. According to the Governor, $5,971,968 was not paid between 1988 and 2002. In a 2008 missive to Sodefor’s Chief Executive Officer, the Governor attributed the latter’s refusal to receive arbitrators in the Bokongo dispute to “sordid manoeuvres of your staff no doubt acting with your benediction.” He refers to Sodefor’s “determination to continue to violate Congolese law with impunity.”14 After the breakdown of negotiations at Sodefor’s worksite at Luna in January 2010, the Bokongo delegation blocked the front gates. Contacted by the company’s forest management certification expert, Richard Garrigue, Sodefor management requested the assistance of local authorities and filed a legal complaint at the Inongo public prosecutor’s office. Bokongo villagers, after their release, providing ©GREENPEACE testimony to NGO and Greenpeace fact finding mission. 4 Greenpeace International
  • 5. 26 January 2010: Ten policemen from Inongo, under the command of Captain Alfred Bari, arrived at Luna. The fact-finding mission, which included Greenpeace, was later informed that the deployment of the IN JANUARY 2010, SODEFOR Inongo police to Luna had been logistically and financially supported MANAGEMENT CALLED by Sodefor. The Inongo public prosecutor, when asked how the 200- km trip had been financed, declined to comment. Throughout Central FOR POLICE INTERVENTION Africa it is common practice for logging companies to help cover the IN A CONFLICT WITH costs of punitive expeditions. REPRESENTATIVES OF THE At Luna, the Bokongo protesters were beaten and put into a Sodefor container where they remained for two nights . The leader of the BOKONGO COMMUNITY. group, 86 year-old Henri Bosama Mpongo, a member of the THIS LED TO HUMAN RIGHTS Provincial Assembly, was spared the container treatment. ABUSES AND THE DEATH OF 28 January 2010: The detainees were ferried under police escort to Kutu, then over Lake Mai-Ndombe in a Sodefor boat. Sodefor’s A 72-YEAR-OLD VILLAGER, Richard Garrigue followed behind.17 GEORGES NKAKA. During the protesters’ detention in a police station holding cell at Inongo, dysentery broke out. 1-2 February 2010: The detainees were transferred to the central prison. It was reported that prison guards prevented food from reaching the detainees without payment. Greenpeace and NGO colleagues from the fact-finding mission were informed that the Bokongo villagers were first beaten by police at Sodefor’s worksite at Luna and then again, repeatedly by police, after their arrival at Inongo. Captain Bari’s claim that the beatings were administered exclusively by co-prisoners at Inongo prison was contradicted by the prison warden’s insistence that the Bokongo prisoners’ injuries had occurred before they arrived at the prison. 8 February 2010: All but one of the protesters were unconditionally released. Georges Nkaka, who had fallen seriously ill in prison, was hospitalized immediately after his release, with the help of local civil society. 9 February 2010: Georges Nkaka died soon after he left the hospital. The final detainee, Moussa Bosama, was released the same day. He was gravely ill and immediately admitted to hospital. 10 February 2010: Inongo residents held a protest march against Sodefor in reaction to these atrocities. Under pressure, Sodefor agreed to pay for the return of Nkaka’s body to his village. 19 March 2010: At a press conference in Kinshasa, Sodefor claimed that Georges Nkaka had been released from hospital in satisfactory condition and that his death was not related to the conditions of imprisonment.18 The company claimed that its call for police intervention was justified because the villagers were armed during their sit-in. A National Parliamentary Commission is expected to investigate the conflict. The casket of Georges Nkaka. Inongo, February 2010 ©GREENPEACE Greenpeace International 5
  • 6. WHO IS INVOLVED? SODEFOR SPRL Sodefor is one of several DRC subsidiaries of the Portuguese- owned and Liechtenstein-based firm, Norsudtimber (NST), the DRC’s biggest logging permit-holder. The Congolese State is also a Sodefor shareholder.20 NST’s logging permits cover an area of over 7 million ha, more than twice the size of Belgium. All but a tiny fraction of NST’s logging permits passed the World Bank-sponsored ‘legal review’. However, most of its pre-2002 titles had simply been exchanged for new ones in previously unlogged areas, including traditional land of “pygmy” communities, high conservation value forests, intact forest landscapes, and forests containing significant concentrations of rare species such as Bonobos and forest elephants. In a 2003 memo to the Congolese authorities, the World Bank denounced this maneuver as a clear violation of the 2002 moratorium on new title allocation and called on them to “re-examine and reconsider” the permits “before end September 2003”.21 NORSUDTIMBER Logging workers at Sodefor's site. © GREENPEACE / FILIP VERBELEN AKTIENGESELLSCHAFT Norsudtimber, founded in 2006,22 is referred to in the annual reports of its minor shareholder, Precious Woods (see below), as “Nordsudtimber.”23 Other NST-related entities in Liechtenstein include Atlantic Wood Establishment24 and Neuholz Establishment.25 The managing director of the Belgian commodities trader Kreglinger Europe NV, Wim Arnouts, is a member of the NST board.26 Timber from SODEFOR logging company, ©GREENPEACE Democratic Republic of Congo 6 Greenpeace International
  • 7. In bed with Sodefor? PRECIOUS WOODS GROUP FORET RESSOURCES MANAGEMENT Swiss-based Precious Woods often presents itself as a progressive (FRM) logging company, citing its Forest Stewardship Council (FSC)- Since 2005, NST has been contracting France’s best-known certified operation in the Brazilian Amazon. The group acquired a ‘sustainable forest management’ consultancy, FRM, to provide minority stake in NST in 2007 and has announced its interest in ‘technical assistance’ to Sodefor.31 This was an unusual eventually increasing its share27 and in achieving FSC certification investment decision for the group to make, given that the legality of for NST permits by 2011 “at the latest”.28 The president of the its titles would not be established by the ‘legal review’ until January board of directors of Precious Woods, Ernst Brugger, has been an 2009. How could the company know its titles would be allowed to NST board member since 27 August 2009. Precious Woods be converted into legal concessions, especially in the light of the management likes to stress the influence it has on NST: fact that almost all of them were obtained in breach of the 2002 “Since becoming – through its stake in NST – a part owner of moratorium? the four forestry businesses in DR Congo, Precious Woods has FRM boasts that it offers Sodefor “a solid analysis of the forest and maintained a regular dialogue with the respective its environment […]: multi-resource inventory of hardwood potential management of these companies. The Chairman and several and of biodiversity, logging mapping, socio-economic studies, members of Precious Woods’ Board of Directors have visited forestry studies…”32 In its work for Sodefor, “great importance is the DR Congo on a number of occasions. Our CFO and Group accorded to the socio-economic dimension […]”.33 Controller’s visit has already had a positive effect on the companies’ financial reporting”.29 WWF Seemingly satisfied with the results of the ‘legal review’, Precious Last year, Sodefor applied for admission into WWF’s Global Forest Woods stated in its 2008 annual report: & Trade Network (GFTN), an “initiative to eliminate illegal logging and transform the global marketplace into a force for saving the “[...] the somewhat more unstable political situation [in DRC] world's valuable and threatened forests […] by facilitating trade was offset by conversion of the “droits d’approvisionnement” links between companies committed to achieving and supporting [pre-“legal review” logging permits] into fully recognised responsible forestry”.34 concession rights being completed.” 30 WWF has been in regular contact with Sodefor over the past few In other words: who needs political stability in a country like Congo, years. WWF’s signature – as an observer – is on the December when you have ‘legality’? 2009 social clause agreement which ignited the conflict described In a letter to Ernst Brugger on 20 May 2010, Greenpeace in this report. WWF funded an NGO mission to Inongo to demanded a public statement from Precious Woods to explain investigate the incident35. The NGOs that participated held a press “the discrepancy between SODEFOR’s logging practices in the conference in Kinshasa on 11 March 2010. But WWF has not DRC and Precious Woods’ investment in the promotion of publicly commented on the conflict. ‘ecologically and socially responsible usage of forests’”. On 17 WWF will need to assess whether Sodefor can become a GFTN June 2010, he replied: “Precious Woods has no control over member in the current circumstances. Greenpeace strongly Sodefor, and therefore cannot respond to whatever role SODEFOR believes that Sodefor’s current practices are incompatible with so- may have played in this [social conflict] case”. He added: called ‘responsible forestry’ and that serious preconditions should “SODEFOR […] is committed to undertake the necessary be set prior to accepting such official partnership with companies measures to attain FSC-certification in due course, including like Sodefor. For example, the company should radically improve additional efforts in community relations.” transparency and public information availability (maps, timber volumes, taxes and facilitation payments, lists of company shareholders, the value of wood throughout the chain of custody, etc.), solve existing social conflicts like the one in Inongo and prevent them from happening again, and commit itself not to open up Intact Forest Landscapes (IFLS) during its logging operations. Greenpeace International 7
  • 8. SOCIAL CONFLICTS CAUSED BY OTHER LOGGING COMPANIES’ LOGGING COMPANIES ARE ROUTINE APPROACH TO SOCIAL CONFLICT IN THE DRC MANAGEMENT IN THE DRC – THE The Bokongo incident is only one of the most recent examples of EXAMPLE OF SIFORCO logging companies’ use of the police or military to violently suppress Like Sodefor, the Société Industrielle et Forestière du Congo (Siforco) protests by villagers. Greenpeace has documented many such – a subsidiary of the Swiss-based Danzer Group – has also cases.36 repeatedly called in local authorities to manage social conflict, even Over the years, Sodefor has established a solid reputation for relying though it claims to practice so-called ‘sustainable forest on the Congo’s security forces to confront villagers who dare criticize management’ and aspires to FSC certification.40 its operations. In March 2006, when residents of Mbelo, near Lisala In February 2010, only days after the Bokongo protesters were (Equateur Province), protested against the lack of implementation of a released from jail at Inongo, eighteen villagers of Yaewonge, in social investment agreement for Sodefor permit GA 23/03, the police Equateur Province, were arrested and jailed at Bumba for blockading and military invaded the village and reportedly committed 38 rapes, Siforco logging trucks.41 looted and destroyed property.37 The death of one of the 37 villagers subsequently arrested appears to have been caused by beatings In September 2006, twenty-nine villagers and human rights activists received whilst in jail.38 In September 2008, the World Bank- sent a petition to the government complaining of abusive logging by sponsored ‘legal review’ of logging titles gave GA 23/03 its official SIFORCO.42 In response, the company not only filed a libel suit stamp of approval: “The company satisfied all the necessary against the petitioners but also tried to discredit Congo’s most criteria.”39 respected human rights group, La Voix des Sans Voix (VSV). The petition had been signed at a seminar in Bumba, organized by VSV. In Villagers from Ikala, near Oshwe (Bandundu Province), told response to a Greenpeace report in 2008, Danzer stated with Greenpeace that, in 2006, a local chief and his assistant were reference to VSV: imprisoned in Oshwe for a week after they resisted Sodefor’s proposals. They were whipped and had to sleep on the ground; their “[…] The so-called NGO is unregistered and operating outside relatives were too far from Oshwe to bring them food during their the statutes and is primarily pursuing the personal interests of its detention. chairman. […]”43 In December 2008, Sodefor sought the consent of the villagers of In the weeks following the discovery of the body of VSV chairman, Isoko, near Oshwe, to restart logging in their area. The villagers Floribert Chebeya, on 2 June 2010 – a day after he received a police refused. After the failure of negotiations, Sodefor appears to have summons – the international community unanimously paid tribute to called for police intervention. However, in this instance it was his courage, integrity and modesty. Danzer’s allegations about VSV unsuccessful. and Chebeya were removed from the company’s website only in late June. Recent information indicates that, three years after the libel suit was filed, Siforco’s management finally opened dialogue with the petitioners in an attempt to reach an out-of-court settlement. The libel suit had not been formally dropped. The petitioners still request that all pending social conflicts created by Siforco’s logging operations are addressed. 8 Greenpeace International
  • 9. CONCLUSION Criticism of commercial logging in the Congo Basin usually focuses TIME FOR A CHANGE TO THE BENEFIT on the environmental havoc it wreaks or on narrowly defined issues of legality. However, industrial logging also causes serious social OF PEOPLE, CLIMATE AND conflicts, which often result in human rights violations. Despite, or BIODIVERSITY because of, their heavy investment in the DRC’s forest sector Greenpeace calls on the DRC Government to stop granting any new ‘reform’, international donors tend to ignore logging conflicts, even industrial logging permits. Greenpeace considers that, amongst other though cases involving human rights abuses are reported in the preconditions for the lifting of the 2002 moratorium, a participatory media. land-use plan that promotes non-destructive community use of forests must first be finalised and validated and that transparency, It is likely that incidents of conflict will increase as the logging industry control and accountability in the forest sector must be radically expands into new areas inhabited by villagers and indigenous improved. communities left out of the ‘reform’ process. It is urgent that donors and the DRC Government shift their support The World Bank’s vision of the forestry sector in the DRC regards away from destructive logging and towards plans that will increase industrial scale logging as a way of boosting the country’s gross climate protection, as well as environmentally responsible and socially domestic product and tax revenue. Unsurprisingly, logging tax equitable development. revenue is still not redistributed to local people, which exacerbates anger and frustration. Local people are paying the price for the Bank’s Logging companies operating in the DRC are currently the single decision to push through a ‘legal review’ of the sector before land-use most important threat to the degradation of Intact Forest Landscapes plans are in place. and their activities, albeit described as “selective”, also contribute to the emission of carbon dioxide. Community mapping and the full disclosure of logging information (maps, timber volumes, taxes and facilitation payments, lists of Logging companies must stop portraying their activities as company shareholders, the value of wood throughout the chain of “sustainable forest management”, stop logging in intact forest custody, etc.), would help empower local people. However, landscapes and other high conservation value areas, disclose public supporting such activities is clearly less of a priority for donors than information on their operations, and respect forest-dependent accelerating the pace of industrial logging. For example, in a letter to peoples’ rights and livelihood. Greenpeace, Global Witness, and Rainforest Foundation UK and Norway, sent on 21 April 2010, the World Bank states that it has no objection to the reactivation of nine logging titles deemed invalid by the very ‘legal review’ it financed. The total number of such titles has yet to be announced by the Ministry. Several European initiatives are underway to “clean up” the DRC’s timber sector and to ensure that only “legal” wood enters the European marketplace. The European Union has set in motion the first stages of Voluntary Partnership Agreement (VPA) negotiations with the DRC, designed to combat illegal logging and trade. The French and German Overseas Development Agencies are keen to facilitate the forest management plans of multinationals such as NST and Danzer and to promote their FSC certification. However, these initiatives ignore the root problems that define the logging sector in the DRC and elsewhere in Central Africa: an industry that operates in complicity with a handful of powerful elites, and in the absence of secure community rights or functioning institutions. Although these realities are universally known, donors are standing by whilst the DRC Government plans to substantially increase industrial logging. In its recently published “Readiness Plan for REDD [Reduced Children in the village of Bossa where Sodefor has a logging permit. ©GREENPEACE Emissions from Deforestation and Forest Degradation]”, the Expansion of logging into remaining areas of intact forests in the Democratic Republic of the Congo will destroy critical carbon reserves and biodiversity. government outlines its plan to allocate another 10 million hectares of Beyond climate change and environmental impacts, logging in the region new concessions as soon as the moratorium on new titles is lifted.44 exacerbates poverty and leads to social conflict. Greenpeace International 9
  • 10. ENDNOTES 23 Precious Woods annual report 2008, http://www.preciouswoods.com/images/stories/2008/pw_annual_report_08, p. 75. 1 Greenpeace, “Carving up the Congo,” April 2007, 24 http://www.greenpeace.org/international/campaigns/forests/africa/congo-report http://www.oera.li/webservices/HRG/HRG.asmx/getHRGHTML?chnr=0002152202&amt=690&toBeMod 2 Greenpeace, SARW, OSISA, RRN, OCEAN, CERN, CENADEP, ASADHO, CJPSC, CDJP, « Rapport ified=0&validOnly=11000&lang=1&sort=0 du plaidoyer relatif aux conflits récurrents entre la Sodefor et le groupement Bokongo à Oshwe au 25 Bandundu, » March 2010. http://www.oera.li/webservices/HRG/HRG.asmx/getHRGHTML?chnr=0002287692&amt=690&toBeMod 3 Ministère de l’Environnement, Conservation de la Nature et du Tourisme. République Démocratique ified=0&validOnly=11000&lang=1&sort=0 du Congo.V2. R-PP Plan de préparation à la REDD. 2010 – 2012. R-PP draft. Version 19 February 2010. 26 He has been a member of the Board since 9 June 2008, according to Offentlichkeitsregister 4 Greenpeace, 2007, op. cit., and Greenpeace, “DRC Logging sector briefing for the Democratic Liechtenstein. See http://www.kreglinger-europe.com/eng/company: “‘During the Colonial Era next to Republic of Congo: DRC logging review: The carving up of the Congo continues,” October 2008, wool we also had important coffee plantations in Congo; now there are only a few left,’ Arnouts tells me. http://www.greenpeace.org/international/press/reports/DRC-logging-sector-briefing. ‘There was a time we produced 60.000 tons of coffee per year, today only 240 tons. The whole infrastructure collapsed at the independence of the country. This was dramatic for the Congolese, but it 5 Organisations Autochtones Pygmées et accompagnant les Autochtones Pygmées en République was time for us to look for other markets.’ […] Next to wool, sheep skins and wine Kreglinger also trades Démocratique du Congo, « Requête adressée au Panel d’Inspection de la Banque Mondiale », 30 in tropical products (coffee, rubber, papain, etc.), a remainder of the colonial era, and in specialty October 2005, ingredients and chemicals for pharmaceutical-, cosmetic-, food- and general industries and for http://www.rainforestfoundationuk.org/files/Inspection%20Panel%20complaint%20%20Dec.%2005_FR. agriculture.” pdf 27 Precious Woods General Assembly, 20 May 2010. 6 World Bank Inspection Panel, Report No. 40746 – ZR, “Investigation Report DEMOCRATIC REPUBLIC OF CONGO: Transitional Support for Economic Recovery Grant (TSERO) (IDA Grant No. H 28 Ernst Brugger oral communication to Greenpeace, 20 May 2010. See also 1920-DRC) and Emergency Economic and Social Reunification Support Project (EESRSP) (Credit No. http://www.preciouswoods.com/index.php?option=com_content&task=view&id=81&Itemid=142 3824-DRC and Grant No. H 064-DRC),” 31 August 2007, pp. 130-1. 29 Precious Woods, annual report 2007, 7 Conseil pour la Défense Environnementale par la légalité et la Traçabilité. http://www.preciouswoods.com/images/stories/gb07_pw_e.pdf, pp. 22-3. See also “Although Precious Woods is a minority investor in the NST group, it is well positioned to ensure that NST takes the right 8 Greenpeace et al., 2010, op. cit. See also Radio Okapi, « Torture de 27 paysans Bokongo: steps.” http://www.preciouswoods.com/index.php?option=com_content&task=view&id=81&Itemid=142 Greenpeace et 9 ONG partenaires accusent la police et Sodefor », 9 March 2010, http://radiookapi.net/actualite/2010/03/09/torture-de-27-paysans-bokongo-green-peace-et-9-ong- 30 Precious Woods, annual report 2008, partenaires-accusent-la-police-et-sodefor/; Diocèse d’Inongo, « le conflit Sodefor - Groupement http://www.preciouswoods.com/images/stories/2009/pw_annual_report_08.pdf, p. 75. Bokongo », 15 February 2010, http://evecheinongo.blogspot.com/2010/02/le-conflit-sodefor- 31 As well as to Sodefor’s sister-company Soforma. http://www.frm- groupement-bokongo.html france.com/index.php?tg=spec&idx=liste&act=cust&num=12&pgo=1&pgw=1&keywords=&andor= 9 Greenpeace, 2007 and 2008, op. cit. 32 Ibid. 10 Greenpeace et al., 2010, op. cit. for this section. Greenpeace translations throughout. 33 http://www.frm-france.com/index.php?tg=spec&idx=liste&act=cust&num=12&pgo=1&prid=2 11 ‘Garantie d’approvisionnement’ or ‘timber supply guarantee’. 34 http://gftn.panda.org/ 12 Note the misuse of the technical term ‘concessions’. Conversion of GA logging permits into 35 Codelt et al.,‘Rapport de mission d’information sur le conflit déclaré entre la Sodefor et le ‘concessions’ is contingent on Ministry approval of the social agreement under negotiation. groupement Bokongo. Par : La Société Civile environnementale Indépendante. Avec l’appui logistique de 13 Includes payments allegedly owed by Sodefor’s predecessor Forescom. Sodefor was founded in WWF / RDC’, undated. PDF title: Rapport mission Inongo version du 12 mars’. 1994. During a 19 March 2010 press conference, Sodefor cited 28 January 2002 and 28 October 2004 36 Greenpeace, 2007 and 2008, op. cit. court decisions rejecting these claims. Sodefor, “Conférence de presse Sodefor du 19 mars 2010”, 19 March 2010. 37 Actions pour la Protection et l’Encadrement de l’Enfant, ‘Rapport sur la violation des droits humains perpétrée dans le village Mbelo le 30 Mars 2006’, June 2007; La Prospérité, ‘Face aux abus dans 14 In a 17 December 2009 letter to Sodefor the Bokongo community also demands investments in l’exploitation du bois : L’ESDIHB invite le Gouvernement à faire appliquer le code forestier’, 18 July 2008; infrastructure including health centers, schools, a market, a wood depot, and potable water. See Greenpeace 2008, op. cit. Greenpeace et al., 2010, op. cit. 38 Ibid. 15 Ibid. p.4. 39 Ministry of Environment, Conservation of Nature and Tourism, Commission Interministérielle de 16 Sodefor claims that the detainees were “kept” in a container and that on 27 January they were free Conversion des Anciens Titres Forestiers, ‘Tableau Récapitulatif par titre des recommandations de la to circulate within the confines of the worksite. Sodefor, op. cit. Commission Interministérielle de Conversion des anciens titres forestiers’, 19 September 2008. 17 Ibid., pp. 4-5, and Codelt, et al., ‘Communiqué de Presse de la mission indépendante de la société Greenpeace translation. civile environnementale sur les incidents survenus entre Sodefor et les membres de la communauté du 40 Greenpeace, October 2008, op. cit. groupement BOKONGO à « Mike 12 » dans le territoire d’OSHWE/Bandundu’, 15 Mars 2010. 41 Agence catholique DIA, ‘RDC : Des paysans du village Yaewonge arrêtés sur ordre de la Siforco’, 8 18 Sodefor, op. cit. March 2010, http://www.dia-afrique.org/index.php?option=com_content&view=article&id=89:rdc--des- 19 NST’s other subsidiaries are Société Forestière du Mayumbe (Soforma), Société Forestière et paysans-du-village-yaewonge-arretes-sur-ordre-de-la-siforco&catid=37:politique-et-societe&Itemid=29. Agricole de la M’Bola (Forabola), and Compagnie Forestière et de Transformation (CFT). The villagers have since been released. 20 Radio Okapi, « L’Etat congolais prêt à céder ses parts dans 7 entreprises mixtes », 26 March 2010, 42 See Survie, ‘RDC : Les sans voix de la forêt osent élever la voix’, 7 May 2007, http://radiookapi.net/economie/2010/03/26/letat-congolais-pret-a-ceder-ses-parts-dans-7-entreprises- http://survie.org/billets-d-afrique/2007/158-mai-2007/RDC-Les-sans-vois-de-la-foret-ose and mixtes/. In 2004 the State owned 18% of Sodefor. « Arrêté interministériel [...] du 17 juillet 2004 portant Greenpeace, October 2008, op. cit. approbation de l’agrément du projet d’investissement de la Société de développement forestier « « 43 Danzer Group, “Statement of Danzer Group responding to the Greenpeace Report ‘Logging Sector SODEFOR ». Briefing for the Democratic Republic of Congo – DRC logging review: The carving up of the Congo 21 World Bank, « Mission de suivi du secteur forestier (1er – 12 juillet 2003), » 2003. continues’, published in October, 2008,” October 2008, http://www.danzergroup.com/fileadmin/files_group/docs/Statement_Danzer_Group_final.pdf 22 http://www.oera.li/webservices/HRG/HRG.asmx/getHRGHTML?chnr=0002210454&amt=690&toBeMod 44 Ministry of Environment, Conservation of Nature and Tourism, “Readiness Plan for REDD 2010-2012 ified=0&validOnly=11000&lang=1&sort=0 R-PP Draft,” 2 March 2010, p. 114, http://www.forestcarbonpartnership.org/fcp/sites/forestcarbonpartnership.org/files/Documents/PDF/Mar 2010/RDC_R-PP_version_2_March_2010_English.pdf. 10 Greenpeace International
  • 11. © GREENPEACE / KATE DAVISON Greenpeace International 11
  • 12. Greenpeace is an independent global campaigning organisation that acts to change attitudes and behaviour, to protect and conserve the environment and to promote peace. Greenpeace International Ottho Heldringstraat 5 1066 AZ Amsterdam The Netherlands Tel: +31 20 7182000 Fax: +31 20 5148151 12greenpeace.org 12 Fishy Business: Stolen Pacific Tuna in the European Market