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24 CARVING UP THE CONGO NORD-SUD TIMBER CASHES IN ON 3 MILLION HECTARES OF RAINFOREST IN BREACH OF THE MORATORIUM During 2002–03 the companies of the Liechtenstein-based, Portuguese-owned and managed Nordsudtimber (NST) group, in collaboration with officials in the DRC’s Ministry of Environment organised a major restructuring of the group’s forest titles. 113 The DRC State has been a shareholder in at least one of the NST group of companies, and the present level of state participation or political shareholders NST or its subsidiaries (Sodefor, Soforma, Forabola, CFT) is unclear. 114 Perhaps motivated by the increase in the forest area tax from $0.062/ha in 2003 to $0.50/ha in 2007, 115 NST abandoned large areas of unproductive forest (logged-out forests and areas unsuitable for logging such as savannah or swamp). Certain NST logging titles were completely abandoned, and others only partially, with boundaries being modified to exclude the non-productive forest. 116 At the same time, however, the group obtained a number of new logging titles after the moratorium was signed. 117 Figures on how much new forest NST obtained vary, but conservative estimates indicate that the vast majority of NST’s forest holdings (over 65%, covering more than 3 million hectares) are new forest areas which it did not control prior to the moratorium. 118 In 2004 and 2005, the then Vice President Abdoulaye Yérodia and then Minister of Forestry Anselme Enerunga confirmed the ‘legality’ of these titles, 119 notwithstanding their post-moratorium allocation. NST argues that all these new titles are legitimate: it claims not to have been aware of the existence of the moratorium, and everything was arranged with the Ministry of Environment. 120 NST does not dispute that it is logging in areas it did not control at the time of the moratorium – only it prefers not to call the titles in question ‘new awards’. In a 2004 response to Greenpeace’s request for information, Sodefor (an NST company) manager José Albano Maia Trindade explained: ‘Recently, a redefinition of part of Sodefor’s concessions was carried out with the objective of effectively allocating useful logging areas, in conformity with the permits we controlled, and which would give us the means to restart our activities at the end of the war years. It’s thus not a question of the award of new concessions.’ 121 [Greenpeace emphasis] Clearly numerous new titles have been allocated under the guise of a ‘redefinition’ or ‘exchange’ of old titles. These awards nevertheless constitute new acquisitions, and thus violate the moratorium. In addition, these new NST titles seem to violate the new DRC Forestry Code: 122 s Method of allocation: NST post-moratorium titles were all arranged via discretionary procedures rather than via a public auction procedure. It is difficult to argue that the allocations of several dozen titles covering three million hectares can all be presented as ‘exceptional cases’, as required by Article 83 of the Code. s Sale price for allocation: Since no floor price for auctioning concessions had been set at the time the new titles were allocated, it was impossible to fix a price for discretionary allocations as required by Article 86. s Area of allocation: The area obtained has been largely in excess of 500,000 hectares, in contravention of Article 92 which limits the area of new titles that any one company can obtain. s Consultation with local communities: There was no public consultation on the new allocations, in contravention of Article 84 (indeed, the rules for public consultation were yet to be defined by ministerial decree at the time NST’s new titles were arranged) s Redundant framework: Finally, the new titles are referred to as ‘letter of intent’ and ‘wood product supply guarantee’. Neither of these types of permit are recognised in the new Forestry Code and they can no longer legally be allocated. ©Greenpeace/Daniels
Sodefor’s logging titles in the DRC SODEFOR SODEFOR Lukenie River Intact Forest Landscapes Lake Télé-Lake Tumba Landscape SODEFOR Logging Titles These new NST title allocations have also been granted in the absence of land use planning, since the process of forest zoning stipulated in the Forestry Code has been stalled (see page 58–63). Proper land use planning prior to any increase in forest controlled by industrial logging interests is essential to ensuring socially just and environmentally responsible development for the DRC. Many of the NST titles are located in intact forest landscapes and other areas of high conservation value, including bonobo habitat, and may also overlap with villages and other Nioki CARVING UP THE CONGO 25 Lake Tumba SODEFOR SODEFOR Lake Mai Ndomé Salonga-Lukenie-Sankura Landscape SODEFOR SODEFOR SODEFOR SODEFOR SODEFOR Oshwe Kasai River SODEFOR SODEFOR SODEFOR areas where local people depend heavily on the forest. For example, Compagnie Forestière et de Transformation (CFT) title GA 15/03 (Orientale Province) and Soforma GA 06/03 (Equateur Province) are both partially located in the Maringa-Lopori-Wamba landscape (see pp61–62), an area which has been identified as a priority landscape for conservation by the Congo Basin Forest Partnership (CBFP). 123 Timber from the NST group is imported into European countries, including Belgium, France, Germany, Sweden, Italy and Portugal. 124
Page 1 and 2: CARVING UP THE CONGO
Page 3 and 4: EXECUTIVE SUMMARY: WHAT A CARVE UP
Page 7 and 8: CARVING UP THE CONGO 1 WHAT A CARVE
Page 9 and 10: CARVING UP THE CONGO 3 ©Greenpeace
Page 11 and 12: CARVING UP THE CONGO 5 HAS IT RAISE
Page 13 and 14: CARVING UP THE CONGO 7 ©Greenpeace
Page 15 and 16: Intact forest in Central Africa not
Page 17 and 18: CARVING UP THE CONGO 11 Tropical ra
Page 19 and 20: CARVING UP THE CONGO 13 THE BATTLE
Page 21 and 22: CARVING UP THE CONGO 15 profits in
Page 23 and 24: CARVING UP THE CONGO 17 GREENPEACE
Page 25 and 26: CARVING UP THE CONGO 19 May 2002 -
Page 27 and 28: CARVING UP THE CONGO 21 titles to c
Page 29: CARVING UP THE CONGO 23 [I]n spite
Page 33 and 34: CARVING UP THE CONGO 27 ©Greenpeac
Page 35 and 36: CARVING UP THE CONGO 29 Logging tit
Page 39 and 40: CARVING UP THE CONGO 33 INDUSTRIAL
Page 41 and 42: CARVING UP THE CONGO 35 three years
Page 43 and 44: ©Kim Gjerstad WILL POLITICALLY ‘
Page 45 and 46: CARVING UP THE CONGO 39 In June 200
Page 47 and 48: ©Greenpeace/Reynaers ‘Haag reach
Page 49 and 50: CARVING UP THE CONGO 43 TIPPING THE
Page 55 and 56: ‘The participatory management app
Page 57 and 58: CARVING UP THE CONGO 51 the overlap
Page 59 and 60: CARVING UP THE CONGO 53 Soon after,
Page 63 and 64: THE LAW WORKS HAND-IN-HAND WITH SIC
Page 65 and 66: ©Greenpeace/Davison
Page 67 and 68: CARVING UP THE CONGO 61 NO LAND USE
Page 69 and 70: 63 CARVING UP THE CONGO Given the d
Page 73 and 74: CARVING UP THE CONGO 67 operation.
Page 75 and 76: CARVING UP THE CONGO 69 total emiss
Page 77 and 78: THE COST TO THE CLIMATE OF LOGGING
Page 79 and 80: 30km CARVING UP THE CONGO 73
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CARVING UP THE CONGO 75 It is time
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CARVING UP THE CONGO 77 New governm
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CARVING UP THE CONGO 79 START THE S
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CARVING UP THE CONGO 81
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CARVING UP THE CONGO 83 Date, if si
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CARVING UP THE CONGO 85 Date, if si
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CARVING UP THE CONGO 87 www.rdcconv
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CARVING UP THE CONGO 89 References
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CARVING UP THE CONGO 91 du mechanis
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‘Nature is sick. Species are dyin
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