Impact story

Independent monitoring: a tool for good forest governance

For almost 50 years, the Congolese state has held a monopoly on control of forestry companies, which has restricted the involvement of local communities and indigenous peoples in decision-making bodies on forest governance. Since the start of negotiations on a Voluntary Partnership Agreement between the European Union (EU) and the Republic of Congo on Forest Law Enforcement, Governance and Trade (FLEGT), the situation has gradually improved. The VPA encourages the involvement of civil society organisations in independent monitoring (IM) of the governance and management of forest resources.

At present, non-mandated independent monitoring, i.e. conducted by civil society organisations without an explicit mandate from the Government, is carried out within the framework of a standardised system of non-mandated independent monitoring (Système normalisé d’observation indépendante externe, or SNOIE Congo). Alerts from civil society, and the resulting non-mandated independent monitoring (IM) missions, help to bring to the attention of the public administration illegal logging practices and the demands of local communities and indigenous peoples living in and around logging areas.

SNOIE-Congo

The deployment of a non-mandated IM mission is conditional on the launch of a community alert deemed relevant. Local communities living in and around forest concessions, as well as local NGOs, local authorities and anyone with a well-founded claim or accusation can launch an alert and see the baton taken up by SNOIE Congo to improve forest management.

SNOIE-Congo, whose ambition is to professionalise non-mandated IM, sees this exercise as a valuable tool for good forest governance. As Gady Inès MVOUKANI, coordinator of projects and programmes at Comptoir Juridique Junior (CJJ), an organisation that coordinates SNOIE Congo and works in the fields of human rights, sustainable governance of natural resources, and monitoring and evaluation of public policies, points out, quality non-mandated IM is designed for “observation, verification, communication and lobbying”. It also makes it possible to document and report violations linked to the exploitation of natural resources, and to monitor and disseminate the decisions of the competent authorities.

There are two main types of IM:

Mandated independent monitoring (mandated IM) involves an official agreement with a national authority, usually the Ministry of Forestry, or sub-national authorities. The organisation commissioned to carry out the IO generally assesses compliance with the relevant forestry regulations.
Non-mandated independent monitoring (non-mandated IM) is carried out by civil society organisations without explicit agreement with, or endorsement from, the government. It can cover a wide range of issues, including compliance with social and environmental legislation (including human rights), social clauses in logging contracts, free, prior and informed consent (FPIC), etc.

History of non-mandated independent monitoring

In the Congo, the first non-mandated IM initiatives date back to 2006 – 2009, specifically at the end of a training course for civil society players organised with British support. The beneficiaries formed an organisation called Cercle d’appui à la gestion durable des forêts (CAGDF). At that time, non-mandated IM missions were also organised in a scattered manner, without necessarily being subject to the publication of reports.

In 2013, the FLEGT VPA, signed by the EU and Congo, included independent monitoring in its Annex IX. In 2014, the Minister of Forest Economy and CAGDF signed a standing order for the implementation of the mandated IM. “This demonstrates the determination of the government and CSOs to promote a forestry sector that respects the challenges of sustainable management”, says Gady Inès MVOUKANI.

In 2018, one of the challenges was to formalise the non-mandated IM in order to make credible reports available to stakeholders. Seven civil society organisations, under the coordination of the CJJ, decided to set up SNOIE Congo. The effective deployment of the SNOIE began in 2021 with a project to support forest governance through the SNOIE Congo (PASGOF-SNOIE Congo), which enabled eight high-quality non-mandated IM missions to be carried out.

However, notes MVOUKANI, “SNOIE-Congo faces a number of challenges, including sustainable funding, implementation of the complementarity strategy between the various platforms involved in carrying out IM missions (in particular to ensure that mandated and non-mandated IMs carry out joint missions) and the follow-up to alerts from the various actors”.

SNOIE-Congo

Meeting of the SNOIE-Congo Technical and Ethics Committee to review and approve a report issued by the non-mandated independent monitor.

Community alerts

The deployment of a non-mandated IM mission is dependent on the launch of a community alert deemed relevant. Local communities and indigenous peoples living in and around forest concessions affected by logging, as well as local NGOs, local authorities and anyone with a well-founded claim or accusation can launch an alert and see the baton taken up by SNOIE Congo to improve forest management. To this end, at least three stages are necessary to implement a non-mandated IM mission.

First of all, there must be one or more alerts obtained either by mail, telephone or verbally. The data is then processed, focusing on its relevance. The whistleblower can be contacted if necessary. Next is a triangulation of the alerts. This involves analysing potential risks before the SNOIE coordinator authorises the organisation of a non-mandated IM mission.

As Gady Inès NVOUKANI explains, “the aim of this procedure is to ensure that an alert is true and that a non-mandated IM mission will achieve the expected results. It takes around 30 days to examine an alert, carry out a non-mandated IM mission and publish the report”.

Credible and uncontested reports

The public authorities, UNICONGO (employers’ organisation), the International Tropical Timber Technical Association (ATIBT), the mandated independent monitor and two lawyers (a criminal lawyer and an environmental lawyer) are stakeholders in SNOIE Congo and its Technical and Ethics Committee. This committee is responsible for examining and validating the reports produced by the independent monitoring missions.

Since 2020, non-mandated IM has made great strides in developing effective tools, such as the Congo SNOIE, a reference framework and the non-mandated IM guidelines of February 2023, with a focus on producing quality reports that are credible and accepted by all stakeholders. Similarly, to reassure the public administration and forestry companies, SNOIE obtained ISO 9001-2015 certification in 2022. This means that SNOIE Congo must comply with quality management requirements in order to “improve efficiency and increase stakeholder satisfaction”.

“Our mission is in no way to discredit a forestry company or question its efforts. It contributes to improving their actions and compliance with legislation on logging, internal and external social issues, etc.,” says Inès MVOUKANI.

Roger de la Harpe

Tropical forest located in the Cuvette-Ouest department of the Republic of Congo. The VPA promotes the involvement of civil society organisations in independent monitoring of the governance and management of forest resources.

Synergy and encouraging results between the FLEGT VPA and non-mandated independent monitoring

Since it was set up, SNOIE Congo has produced eight non-mandated IM reports. Once the reports are validated by the organisation’s Technical and Ethical Committee, they are sent to the relevant ministries for follow-up by the relevant departments.

Inès MVOUKANI supported this assertion with two examples. The first concerns “non-compliance with labour legislation and hygiene measures in a forestry company in Niari. The Niari Departmental Health and Labour Directorates were contacted. The Departmental Labour Directorate confirmed the veracity of the findings highlighted in our non-mandated IM report. It then formulated a series of recommendations calling on the forestry company to honour its commitments regarding labour legislation and compliance with hygiene measures”, she said.

The second, according to Gady Inès MVOUKANI, relates to “monitoring the implementation of contractual obligations towards local communities, also in Niari. Desks that are already manufactured and available, have not been delivered to the schools identified as beneficiaries. The follow-up process is ongoing.”

These examples allowed Gady Inès MVOUKANI to highlight the synergy between the FLEGT VPA and the non-mandated IM, whose annexes provide for the implementation of the non-mandated IM by civil society. This synergy will be strengthened by the new Forestry Code, enacted in July 2020.

Challenges of non-mandated independent monitoring

SNOIE Congo faces a series of challenges, described by Inès MVOUKANI as follows: “Our biggest challenge is the sustainable funding of non-mandated independent monitors. Without financial support from the EU and other partners, it will be impossible for us to carry out our activities, go out into the field and make recommendations on forest law enforcement”.

What’s more, continues MVOUKANI, “our job is not just to point out failures to apply forestry legislation and consider the rights of local communities, but also to ensure that the recommendations made in our reports are taken on board by the relevant authorities at all levels.”

Moreover, as a representative of civil society, and over and above its key role in monitoring forestry companies, independent monitoring has great potential to contribute more broadly to forest governance. For example, it could monitor the management of taxes and local development funds, artisanal woodworking and the local market, and deforestation activities. It could also support the development and monitor the implementation of management plans for forest concessions, but also for new titles introduced by the Forestry Code, such as domestic permits or community forests, or monitor supplies to the special economic zones currently under development.

Independent monitoring, a key factor in forest governance

Non-mandated independent monitoring in the forestry sector is of the utmost importance to promoting transparency and strengthening the governance of forest resources. Similarly, by acting as guardians of transparency and legality in the forest sector, independent monitors strengthen the effectiveness and, above all, the credibility of the VPA. This synergy between independent monitoring and the FLEGT VPA demonstrates how rigorous monitoring can strengthen the sustainable management of forest resources, to the benefit of ecosystems and dependent communities.

This story has been produced with the financial assistance of the European Union. The views expressed herein can in no way be taken to reflect the official opinion of the European Union.

Authors: VPA Africa – Latin America Facility and Delegation of the EU to Congo (Brazzaville)

Date: 31 August 2023

About the VPA Africa – Latin America Facility

The VPA Africa – Latin America Facility supports the implementation of the EU FLEGT Action Plan with a focus on Voluntary Partnership Agreements (VPAs). The Facility contributes to combating illegal logging and strengthening forest governance while encouraging sustainable economic development in countries that produce or process timber and export to the EU. The Facility is hosted by the European Forest Institute (EFI) and was established in November 2019.

Disclaimer

This website has been produced with the financial assistance of the European Union. The views expressed herein can in no way be taken to reflect the official opinion of the European Union.