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Allocation of Community Forests in the Central African Republic: Lessons Learnt from the Pilot Experiences and Recommendations for Political and Legal Reforms

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Allocation of Community Forests in the Central African Republic: Lessons Learnt from the Pilot Experiences and Recommendations for Political and Legal Reforms ALLOCATION OF COMMUNITY FORESTS IN THE CENTRAL AFRICAN REPUBLIC: LESSONS LEARNT FROM THE PILOT EXPERIENCES AND RECOMMENDATIONS FOR POLITICAL AND LEGAL REFORMS September 2019 PART OF THE UNDER THE CANOPY SERIES 1 CONTENTS LIST OF ACRONYMS 4 EXECUTIVE SUMMARY 5 INTRODUCTION 12 1. TESTING COMMUNITY FORESTS IN CAR: CONTEXT AND LEGAL FRAMEWORK 13 Origins of the concepts in CAR 13 Central African legal framework: test it to improve it 13 Box: Community Forestry and participatory mapping 14 Expectations of the pilot communities 15 To secure their resources 15 To boost local development and rediscover their autonomy 15 To preserve biodiversity and their traditional way of life 15 Box : Specific aims of a Central African community forest: the case of the Lomba and Mbunza Boffi forests 16 Implementation challenges in CAR 16 An inadequate political and institutional framework 16 Insecurity in the south-east forest massif 16 Problematic sharing of land in the south-west 16 Preventing the risk of elite capture 17 Opportunities 18 An unprecedented agreement to test the community forests 18 An “inclusive governance” of forests? 18 Towards a national sustainable forest policy 19 2. THE “PILOT” COMMUNITY FORESTS AND TEST METHODS 20 Selecting the “pilot sites” 20 Supporting the communities every step of the way 21 Awareness-raising, training and community organisation 21 Preparation and submission of allocation applications 22 Facilitating the multi-actor process 23 Training of Forest Administration officials 23 Follow-up on the allocation application 23 Consultation of the other stakeholders 23 Test documentation 24 3. RESULTS AND LESSONS LEARNT FROM THE TEST: HOW AND WHY REVIEW THE MANUAL OF PROCEDURE FOR ALLOCATING COMMUNITY FORESTS IN CAR? 25 Information and awareness-raising 25 Understanding of the community forest concept 25 Popularising the legal framework 25 The state’s responsibility 25 Community management bodies 25 Appointment of members 26 Creating a “women’s council” 26 Involvement of the Indigenous peoples 26 Distribution of community revenue 27 Supporting the participation of the indigenous peoples 27 Involvement of women 27 The women’s council 27 Supporting the participation of women 28 Consultation and dialogue 28 In cases of overlapping users’ rights 28 Adequate resources for the Forest Administration 29 Surface area of a community forest 29 1 The Rainforest Foundation UK: Allocation of community forests in the Central African Republic - September 2019 Preparing an allocation application 30 The Simple Management Plan (SMP) 30 Socio-economic data 30 Participatory mapping 31 Participatory surveying 31 Processing an allocation application 33 Management, monitoring and control of community forests 33 4. RECOMMENDATIONS FOR POLITICAL AND LEGAL REFORMS TO EFFECTIVELY SECURE CUSTOMARY RIGHTS 34 A participatory approach for all political and legal processes 34 A new forestry policy for CAR? 34 Legal reforms 34 Link community forests and land reform 35 Revise the Manual of Procedure for Allocating Community Forests 35 Develop a Manual of management norms 35 Review of the regulatory framework 35 Review of the Forest Code 35 For viable and sustainable community forests 36 Continuing to test the community forests 36 Capacity building of the Forest Administration 36 Adequately supporting community initiatives 36 Consider specific measures in the case of a community forest overlapping a logging concession 36 APPENDIX: RESULTS OF THE NATIONAL WORKSHOP ORGANISED IN BANGUI IN MAY 2019 37 2 3 The Rainforest Foundation UK: Allocation of community forests in the Central African Republic - September 2019 LIST OF ACRONYMS AGDRF Agency for Sustainable Forest Resources Management (Agence de Gestion Durable des Ressources Forestières) CAR Central African Republic CoNGOs ‘NGOs collaborating for equitable and sustainable community livelihoods in Congo Basin forests’ DfID British Department for International Development FPIC Free, Prior and Informed Consent ILO International Labour Organization MEFCP Ministry of Water, Forests, Hunting and Fishing (Ministère des Eaux, Forêts, Chasse et Pêche) MPA Manual of Procedure for Allocating Community Forests in CAR (Manuel de Procédure d’Attribution des forêts communautaires en RCA) NGO Non-Governmental Organisation NTFPs Non-Timber Forest Products PEA Logging and Management Permit (Permis d’Exploitation et d’Aménagement) PNMB Mbaéré Bodingué National-Park (Parc National Mbaéré-Bodingué) RFUK Rainforest Foundation United Kingdom ROCC Official Consultation Meeting (Réunion Officielle de Consultation et de Concertation) RPCC Preliminary Consultation Meeting (Réunion Préliminaire de Consultation et de Concertation) SAOH Series for Agriculture and Human Settlement (Série Agricole et d’Occupation Humaine) SCAD Société Centrafricaine d’Agriculture et de Déroulage SMP Simple Management Plan (Plan Simple de Gestion) VPA Voluntary Partnership Agreement 4 EXECUTIVE SUMMARY A growing number of studies1 demonstrate that formal recognition of the customary rights of forest communities, including their land rights, is one of the best strategies to effectively protect forests, whilst also fighting poverty. This strategy is currently being trialled in the Central African Republic (CAR) where, in April 2019, the first “community forest” was allocated to the villages of Moloukou, Moalé and Lokombé in the south-west forest massif. This allocation recognises the communities’ management rights to roughly 15,000 hectares of the Lomba forest. It sets an historic precedent not only for CAR but also for the Congo Basin as it is the first community forest in the region to have been allocated within a concession already allocated to a logging company. As a result, the company and the communities’ rights and use of the area now overlap. Since 2015, there has been a legal framework in CAR allowing local and indigenous communities to officially obtain a community forest by submitting an allocation application to the Forest Administration. This is currently the only legal option for the communities to secure their rights to the resources on which their livelihoods depend. Obtaining these rights is often crucial, in particular in the south-west of the country where almost all of the rainforest is allocated to external actors for conservation and/or timber harvesting. Since 2009, Central African civil society, with the support of the Rainforest Foundation UK (RFUK), has been assisting communities interested in the allocation of a community forest whilst also supporting government efforts to develop a legal framework adapted to local contexts. As part of this work, the stakeholders considered it necessary to continue to support the local and indigenous communities applying for the allocation and management of the ‘pilot community forests’ in order to ‘test’ the current legislation. Since 2016, 14 villages, brought together in two pilot sites, have been supported by RFUK and field workers from CAR’s civil society under the ‘CoNGOs’ project2. The aim of this report is to document the process developed by those communities who have applied for a community forest following the provisions of the Manual of Procedure for Allocating Community Forests in CAR (MPA). This report demonstrates that: a) Without the special authorisation obtained through advocacy by civil society, these communities would not have been eligible for the allocation of a community forest as a result of their customary territories falling within the logging concessions; b) Without the assistance of civil society, these communities would probably not have been in a position to follow the complex process to produce and submit an admissible allocation application; c) Political and legal reforms are vital to enable forest populations to secure their customary rights through community forestry beyond the pilots. Part 1 of the report presents the context for the legal framework ‘test’, whilst part 2 presents the chosen pilot communities and the support methods used. Part 3 presents the lessons learnt and provides recommendations to be used as a basis for reviewing the community forest allocation process. Finally, given that it is now possible to support the pilot communities in the management phase of their community forests, part 4 of the report highlights the need to continue this test process and to plan a set of political and legal reforms to link community forestry to other processes promoting the rights of forest populations including through land reform. 1 See: E. Ostrom (2015), Governing the commons, Cambridge University 2 The project “NGOs collaborating for equitable and sustainable Press; A. Agrawal (2001), “Common property institutions and community livelihoods in Congo Basin forests” (CoNGOs) is managed sustainable governance of resources,” World Development 29(10); A. by a consortium of international and Central African organisations, led Agrawal & E. Ostrom (2001), “Collective action, property rights, and by the International Institute for Environment and Development (IIED) decentralization in resource use in India and Nepal,” Politics & Society and funded the British Department for International Development (DfID). 29(4). 5 The Rainforest Foundation UK: Allocation of community forests in the Central African Republic - September 2019 WHY REVIEW THE MANUAL OF PROCEDURE FOR ALLOCATING COMMUNITY FORESTS IN CAR AND HOW TO DO IT? For more than two years the pilot communities and civil society examined every provision of the Manual of Procedure for Allocating Community Forests
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