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Forest regulation in brief

Publication

Authors: Patient Biselenge, Joseph Bolongo and Alphonse Maindo

DR Congo - 2015

Language: French

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This booklet summarizes the regulation of artisanal logging in DR Congo. It lists and explains the main laws regulating the sector, particularly regarding the status of artisanal logging, the requirements to access resources (wood), the rules towards sustainable forest management, the various documents required to practice artisanal logging, and the sanctions for violations of legal provisions. The benefits of compliance and the disadvantages of working illegally are also presented through a small comic. It includes a chapter about the process of negotiating FLEGT-VPA between the European Union and the DRC. The motivations, the principles and the negotiating phases of a FLEGT-VPA are explained to facilitate the understanding of this process and enhance its appropriation by different stakeholders. The booklet was produced as part of the project: “VPA-FLEGT: Associations of artisanal loggers at the service of legality and economic efficiency for all”.

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Considering the harassment that artisanal loggers are victims of in DR Congo and the imperative need to profit from their business, it seems necessary that artisanal loggers come together in associations in order to constitute a force to fight against the difficulties that they meet in their activities. Therefore this brochure has been prepared to sensitize artisanal loggers organize themselves in legal associations. It is a technical tool illustrating the issues, challenges and benefits of being an association and a guide on the legal procedures to create an association. It was produced as part of the project: “VPA-FLEGT: Associations of artisanal loggers at the service of legality and economic efficiency for all”.

 

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Inventory of taxes and charges for the artisanal logging sector

In DR Congo, artisanal loggers complain of the multiple charges and taxes they pay. It seems that the origin and nature of certain taxes and fees are not clear, therefore artisanal loggers are not willing to pay for these fees. According to the national legislation, all state taxes should be established by a legal instrument issued by a competent authority.

TBI DR Congo conducted a study to list the fees collected from the artisanal loggers. It has been found that a total of 27 fees are collected from which 21 are legal and 6 are illegal. Among the legal fees are taxes and other administrative costs related to the artisanal logging. Whereas illegal fees are those charged by some state officials without a legal basis and should not be paid. The list of fees has been compiled in a document to be used by the different actors involved in artisanal logging. The document was validated by different stakeholders and have agreed on the necessity of paying legal fees and not paying illegal ones.

The study and document was produced with the aim to raise awareness of artisanal loggers to respect the legality in the context of the project "FLEGT-VPA: associations of artisanal loggers in the service of legality and economic efficiency for all," that TBI DR Congo realizes with the support of FAO and the European Union.

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21 October 2015

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