ANNEX IXSupplementary provisions
ANNEX IX OTHER RELEVANT MEASURES Supporting measures have to be put in place to ensure effective implementation of the Voluntary Partnership Agreement. The areas in which these supporting measures are identified are as follows: 1. Increasing the capabilities of the IGEF 2. Increasing the capabilities of civil society 3. Legislation and regulations to be supplemented 4. Implementing a communication plan 5. Setting up a technical office These measures are described in the following chapters. In order to implement these measures, in the same way as for the implementation of certain parts of the legality verification system, the Parties have to ensure that adequate support is provided in terms of human, technical and financial resources. The Parties undertake, where applicable, to seek the additional financing necessary, this financing being used in accordance with Article 15 of this Agreement. 1. Increasing the capabilities of the General Forest Economy Inspectorate (IGEF) When verifying the legality of timber, the General Inspectorate has to carry out on-site inspections and monitor the verifiers in the legality matrices and the traceability chain at forestry companies and in departmental forest economy offices, teams and other local public departments involved in forest management, including: environment, customs, tax, labour, trade, etc. Once it has carried out this verification, it will grant legality certificates and order the granting of FLEGT licences by the Department for the Control of Forestry Products for Export (SCPFE). The IGEF also has to be restructured to enable it to carry out these tasks effectively. To do this, a unit responsible for verifying legality, issuing legality certificates and instructing the granting of FLEGT licences will be set up within this structure and will have to be given greater capabilities to enable it to carry out these tasks. The number of people working in this unit will be defined during the system development phase. Job profiles will be drawn up and further training identified during the system development phase. Training is to be planned for in the following areas: Control of the FLEGT matrix, auditing of forest management and the supply chain, use of GPS, use of certain GIS software, principles of database management and use of the SIGEF. The equipment required is also to be planned for (means of transport, office and site equipment). By extension, and to the extent necessary to ensure the proper functioning of the Agreement, training specific to other administrative officers involved in monitoring and verifying legality can be identified and carried out. 2. Increasing the capabilities of civil society Implementing the VPA is subject, inter alia, to the proper functioning of a legality verification system, timber traceability and an independent audit of the system. Congolese civil society, a stakeholder in the process, is to help implement the Agreement by means of a formal local structure based on the results of and experience gained in the Independent Forest Monitoring (IFM) project carried out in Congo between 2007 and 2009 by Resources Extraction Monitoring and Forest Monitor. This structure consists of one or more national NGOs accompanied by an international NGO experienced in independent monitoring. These national NGOs will also use the expertise of members of equivalent teams from the IFM project. The formal local structure sets itself the general objective of assisting good governance of the forest sector as a whole. Its specific objectives are as follows: — to improve systems for the application of forestry law by the State, — to increase the capabilities of civil society by means of independent monitoring, — to help improve the application of forestry law and governance, — to document information collected and pass it on to the authority granting certificates and FLEGT licences, — to document information collected and pass it on to the Joint Implementation Committee. In addition to this formal structure associated with independent monitoring, a more general increasing of the capabilities of civil society organisations is to be planned for. In this context, the capabilities of civil society will be increased in the following areas: training in independent monitoring, control of the FLEGT matrix, information management and processing, website management, communication techniques, raising awareness among local communities and indigenous populations, conflict resolution techniques and principles of forest management. Detailed practical terms will be defined after consultation between the stakeholders. The Parties will try to facilitate access to specific financial resources in order to increase these capabilities. 3. Legislation and regulations to be supplemented Drawing up timber legality matrices has brought to light the omission under forestry law and the lack or regulation of certain aspects directly and indirectly associated with the sustainable management of forest resources, such as, for example, the involvement of local and indigenous populations and of civil society in forest management, the management of State forestry plantations and the defining of standards for forestry work. In the context of implementing the Voluntary Partnership Agreement, the forestry code needs to be updated and supplementary regulations need to be drawn up. Rules also have to be drawn up in other areas. An international consultant and two national consultants will be recruited to carry out these tasks. Draft regulations drawn up will be approved by all stakeholders in forest management (local authorities, publics services, private sector, local and indigenous populations, civil society), through departmental workshops and a national workshop in Brazzaville. The list of draft regulations to be drawn up, as presented below, is not exhaustive and will be supplemented as new concerns are identified. 3.1. Ministerial departments concerned Ministry for the Environment 1. Order specifying terms for the production and approval of impact studies. 2. Order relating to procedures for monitoring/inspection by the General Environmental Office of compliance with legal and regulatory provisions relating to the environment. Ministry of Justice 1. Law promoting and protecting the rights of indigenous peoples in Congo. Ministry of Employment 1. Regulations relating to the granting of training certification. 2. Model pay registers. 3. Model workplace accident and safety registers. Ministry for the Forest Economy 1. Regulations laying down conditions for the assignment of State plantations to third parties. 2. Order defining principles for the traceability of timber. 3. Order defining forestry standards for plantations. 4. Framework decree laying down conditions for joint and participative forest management as set out in Article 1(2) of the forestry code and covering in particular: — the terms of involvement of local, indigenous populations and civil society in the process of classifying and declassifying forests, — the involvement of resident populations and civil society in the management of forest concessions. 5. Decree laying down the terms of involvement of local communities, indigenous populations and civil society in making decisions relating to the drafting of terms and conditions. 6. Implementing regulations specifying three different aspects of community forests: the concept of community forests, the processes of parcelling and procedures for the management of these forests guaranteeing the involvement of all parties concerned. 7. Implementing regulations laying down terms for the involvement of local communities and indigenous populations in the management plan (parcelling of community blocks etc.). 8. Implementing regulations laying down terms for the involvement of civil society and/or the appointment of civil society representatives to various committees (granting of forest concessions, granting of consent for the timber forest profession, etc.). These regulations will also lay down criteria for the selection of this civil society representative. 9. Regulations laying down terms for monitoring and verification. 10. Order relating to procedures for the monitoring of timber for import and for export and timber in transit. 11. Regulations laying down terms for the receipt of goods or services making it possible to prove compliance with terms and conditions and memoranda of understanding. 12. Other regulations to be supplemented to implement the Forestry Code according to FLEGT principles of good governance in the forestry sector. For this purpose, and to meet the commitments made under the FLEGT Voluntary Partnership Agreement between Congo and the Union, proposed implementing regulations should guarantee principles of good governance in the forestry sector. Principles that should form part of supplementary regulations To ensure that they are effective and comply with the legality matrix and FLEGT principles, regulations supplementing the forestry code need to be in force by the time of the issuing of the first licence at the latest. Recognition of community rights Participation The participation and involvement of civil society, local communities and indigenous populations in the drafting, implementation and monitoring of laws and programmes. Implementing regulations laying down terms of involvement of local communities, indigenous populations and civil society have to be drawn up. Transparency Provisions should be included to ensure transparency in forest management and place information in the public domain. Terms for the provision of information to and consultation of local communities and indigenous populations have to form part of these provisions. Community forests The concept does not exist in the wording of law 16-2000 of 20/11/2000 laying down the Forestry Code. This concept can be taken into account in two possible ways: 1) forests of community blocks in the management plan or 2) forests of local authorities. Independent monitoring Provisions for the creation of an independent monitor from civil society to participate in the granting of exploitation permits and in drawing up and implementing management plans and to sit on the forestry fund management committee. Monitors should be recruited through a competitive, transparent process. 3.2. Methodology The proposal of new legislation and regulations is the culmination of a general process of consultation of all parties concerned. Consultation of communities and civil society To ensure the effective involvement of local communities and indigenous populations in drawing up regulations supplementing the forestry code, local community and indigenous population organisations and civil society organisations need to organise and develop a process for effective participation and representation. Creation of a committee to draft proposals To ensure participation of all of the parties concerned in drafting regulations supplementing the forestry code, it is proposed that a committee be created to draw up draft regulations consisting of representatives of each party concerned. The drafting of these implementing regulations should be accompanied by consultation of communities and civil society on current discussions. This consultation should take place over a period of at least 12 months. The consultation and participation of local communities, indigenous populations and civil society in the process should be supported by funding and facilitated by a committee of experts including members of national and subregional civil society organisations. Consultation steps that should form part of the consultation support plan Workshops for the provision of information to and consultation of local and indigenous communities on the drafting of regulations supplementing the code and canvassing opinion on the arrangements that have to be made to benefit them; Workshops to define terms of participation and representation of communities and civil society on the committee drawing up regulations supplementing the forestry code; Drawing up preliminary drafts of regulations supplementing the forestry code, with the participation of representatives of civil society and local and indigenous communities; Workshops for consultation of local and indigenous communities on the preliminary draft of the forestry code; Re-examination of the preliminary draft by the committee drawing up regulations supplementing the forestry code to include any questions raised by the communities and civil society; Workshops for assessment of the provisions contained in the preliminary draft of the legislation and for defining strategies for defending it before Parliament. 4. Communication plan This communication plan is intended to raise awareness of the Voluntary Partnership Agreement (VPA). Background The VPA relates to an economic area as important as forestry, so the public needs to be told about it. A programme for the provision of information to and raising of awareness among forestry company managers, departmental offices of target authorities and the general public therefore has to be drawn up and implemented. A communication plan has been developed with the following aims: — raising awareness among the general public of Congo regarding: — the existence of the VPA, — what the VPA says, — the advantages of the VPA, — preparing for ratification of the VPA by Congo, — identifying further information requirements, — ensuring collaboration between the stakeholders once the VPA has come into force and is being implemented. In strategic terms, it will consist of: — informing the various players and parties operating in the forestry sector about the need and importance of the VPA for Congo, — informing the general public of the steps already taken to conclude the VPA, — ensuring media coverage of the ratification and implementation of the VPA, — raising awareness of the VPA, — giving details of the impacts of the VPA. 4.1. Target public The following target public has been identified. Specific messages will be prepared for them and appropriate means of communication will be used. 4.1.1. Local players: — governmental bodies, — forestry authority, — other offices involved in the sector, — local authorities, — local and indigenous populations of forest areas, — forestry companies, — civil society, — NGOs for the preservation and protection of forests. 4.1.2. International players: — importers and intermediaries, — federations and other institutions involved in the timber sector, — NGOs for the preservation and protection of forests, — investors, — bankers etc. 4.2. Action to be taken The following action is to be taken for communication to these players: 4.2.1. At local level Organisation of: — conferences and discussions, — symposia, seminars and information workshops, — publication of articles in the press, — broadcasting of documentary films, — production and broadcasting of radio and television programmes, — holding of forums on the Internet, — production of shows etc. 4.2.2. At international level Public relations activities: — business meetings, — talks given to federations and other institutions involved in the timber sector, — participation in fairs and other events linked to the timber sector, — promotion of Congolese forestry policy in the EU. Media activities Publication and broadcasting in the European media: — of articles in the press, — of documentary films, — of interviews and testimony, — of Congo’s forestry policy. 4.3. Message content Messages to be devised and disseminated will cover in particular: — the social and socio-cultural benefits of an effective VPA for Congo, — the environmental benefits of an effective VPA for Congo’s forests, — the commercial benefits of an effective VPA for Congo’s economy, — the aims Congo seeks to achieve through the effective VPA, — the economic benefits to Congo, — other possible impacts of the VPA on Congo. 4.4. Those responsible for implementing the plan The Technical Office for the VPA/FLEGT of the Congolese party, which reports to the Ministry of the Forest Economy, is, amongst other things, responsible for implementing the Communication Plan: — a team consisting of the various players initiates action with respect to public authorities, parliament and forestry companies, — civil society organisations carry out action with respect to local and indigenous populations. 5. Technical office responsible for monitoring the VPA (Congolese party) The Congolese party sets up, for its part, a supporting body to monitor the VPA, consisting of all of the stakeholders in the FLEGT process (public authorities, private sector and civil society), in order to assist in the preparation of the Congolese party on the Joint Implementation Committee and facilitate the monitoring of decisions taken by this committee. This body is called the technical office. 5.1. Tasks The technical office will be responsible, in particular, for the Congolese party, for: — monitoring compliance with the timetable for implementation of the VPA, — analysing reports drawn up by the independent auditor, — preparing Congolese documents for the Joint Implementation Committee, — preparing for sessions (meetings) of the Joint Implementation Committee and the National Consultative Group, — monitoring proper verification of legality by the General Forest Economy Inspectorate and other bodies involved, — assessing/evaluating requirements for the effective functioning of Congolese stakeholders, — monitoring implementation of the communication plan, — examining and adopting draft regulations supplementing laws and orders referred to in assessing legality, — suggesting any measure that may facilitate the entry into force and implementation of the VPA, — monitoring the drafting of periodic reports on the timber market, — monitoring the implementation of measures increasing the capabilities of the private sector and civil society, — suggesting suitable measures to overcome any difficulties associated with implementation of the VPA identified by the joint committee, — monitoring the drafting of periodic reports on the situation in the timber market. 5.2. Composition of the technical office The technical office includes: — a president, — a vice-president, — a rapporteur, — a deputy rapporteur, — members: representatives of public authorities, the private sector and civil society.