REM Publication - Punishment of Forest-related Offenses in the DRC: Evaluation of Fines and Damages

 

REM Publication — Punishment of Forest-related Offenses in the Democratic Republic of Congo: Evaluation of Fines and Damages

 

This 5th briefing note published by REM is part of the analysis of the Independent Observation Project for the enforcement of forest and governance law in the DRC, which covers the period from 1st December 2010 to 31st December 2012.

 

Apart from penal and administrative sanctions, civil sanctions through fines and damages should help to correct the harms and discourage the perpetration of violations. In 2002, the new forest code helped to lay down the legal foundations of a modern legal framework likely to provide the Congolese government with the appropriate tools required for an effective control of its resource. Forest control is not operational for now and the punishment of offenses is further weakened by:

 

♦ The non-enforcement of the available legal provisions:

o   The non-application forest transaction procedures,

o   The payment of penalties in US dollars instead of CDF,

o   The wrong computation of fine amounts

 

♦ Insufficient regulation or procedures:

o   The lack of a computation base for the assessment of forestry damages.

o   Weakness in terms of forestry fines in the Congo Basin.

 

Through this briefing note, OI formulates recommendations with regards to these shortcomings. The theme of forestry litigation includes a former note concerning the Offense Notice Report.

A forthcoming note shall complete the analysis of the specific issue of forest transaction procedure.

 

Learn more - Other reports and documents are also available at www.observation-rdc.info

 

Go back

CBFP News

WWF: Rainforest deforestation more than doubled under cover of coronavirus -DW

Tropical rainforests shrank by 6,500 square kilometers in March — an area seven times the size of Berlin. Criminal groups are taking advantage of the pandemic and the unemployed are getting desperate, the WWF said.

Read more …

Nouabalé-Ndoki National Park Monthly update April 2020

"At a time when many countries are beginning their gradual deconfinement and when there is a glimmer of hope on the horizon of returning to normal life, I wanted to share with you some good news that also fills us with hope for the future of the Nouabalé-Ndoki National Park."

Read more …

Resources and follow-up from the virtual FAO-EcoAgriculture Partners Roundtable

Last April 30th FAO and EcoAgriculture Partners organized a virtual Roundtable on Territorial Perspectives for Development, in which over 170 people participated.

Read more …

ATIBT -CBFP: Private Sector mobilized around the CBFP Facilitator of the Federal Republic of Germany

ATIBT co-facilitated the mobilization of the private sector of the timber sector to participate in the first meeting of the private sector college of Congo Basin Forest Partnership with the new facilitator Dr Christian Ruck and his team German Facilitation.

Read more …

Development and institutionalization of a PAFC certification system for the Congo basin: opening of the second public consultation on Sustainable Forest Management Certification Standard, 23 May 2020 - 22 June 2020

This second public consultation will be open for a period of 30 days from tomorrow Saturday the 23rd of May 2020 and will be closed on Monday the 22nd of June 2020. The public consultation is open to all stakeholders of forest management in the Congo Basin interested in participating to the PAFC Congo Basin certification standards development process.

Read more …

Forest defenders on the COVID-19 frontline stand ready to assist the global EU response – Fern

These efforts go hand in hand with ensuring continued responsible management of natural resources and preventing unsustainably and illegally sourced forest commodities. In the Democratic Republic of Congo, forest-monitoring organisations Observatoire de la Gouvernance Forestière (OGF) and Réseau des observateurs indépendants des ressources naturelles (RENOI) are set to carry out COVID awareness-raising in at-risk forest areas, and will also assess COVID’s impact on forest management and governance commitments under the Central African Forest Initiative (CAFI). Across the Congo Basin, fears that a proper lack of oversight may put forests and forest peoples in danger are looming despite emerging initiatives.

Read more …

22 May 2020 International Day for Biological Diversity

The theme of the 2020 International Day for Biological Diversity is “Our Solutions are in Nature”. It shows that "Biodiversity remains the answer to a number of sustainable development challenges that we all face. From nature-based solutions to climate, to food and water security, and sustainable livelihoods, biodiversity remains the basis for a sustainable future."

Read more …

CBFP News Archive

2022

There are no news items for this period.