On 2nd May 2022, KMS responded to the comments published on REDD-Monitor with respect to “National REDD+ Project in the Democratic Republic of Congo” on 28th April 2022. The response provided by KMS to REDD-Monitor is as follows:

Dear REDD Monitor team and stake holders,

We have gone through the comments posted here on this website with respect to the Verra VCS REDD+ project 2320 conceived and developed by us. We would like to respectfully submit the following clarifications and information to the benefit of all stake holders and readers. We have briefly answered all the relevant points raised in the comment note. Thank you for your kind understanding.

1) First of all, we do not understand the rationale and objective of this malicious attack on this REDD+ project. Who is behind these wild allegations and why they are doing this malicious campaign. We are unable to understand the purpose and logic. We leave this judgment to the readers. What are they going to achieve by damaging this community REDD+ project other than bringing more misery to the local communities.

2) This project does not contain any logging concessions. Hence the comments made in relation to the logging concessions need no explanation from us.

3) We do not use any other entity or person name while approaching to the communities. It is a lie that we used some other names and approached the communities. We never did and will never do that.

4) Please do not get confused and confuse readers. Verra VCS 2320 project audit is temporarily stopped by Honorable Ministry for completing some harmonization elements.

What this allegation note is referring is about some CFCL agreements.

Please do not confused and confuse others.

Let us very clear. As far as Verra VCS 2320 REDD+ project is concerned the REDD+ project lease agreements are signed between sector/chiefdom chiefs and KMS. Hence Verra VCS 2320 documentation is in order subject to Honorable Ministry of Environment and Sustainable Development harmonization. Please refer the project description document for further details and approvals.

5) During the course of the implementation of developmental activities we did take help and work closely with some NGOs in the provinces on specific tasks. If any NGO in the country is having any objection or concern on this REDD+ project, we are ready to speak to them and discuss. We are ready for mutual understanding and cooperation. In fact, local NGOs are critical for us in implementation of REDD+ initiatives and community developmental activities. We deeply appreciate the local NGOs positive contribution to the country. If some local NGOs are instigated and misguided by any elements that are spearheading this malicious campaign, we can only say that this is very unfortunate and unfair. We are ready for discussion and peaceful and successful implementation of this REDD+ project.

6) As a project developer our job is to follow the law of the land, be transparent and honest to the landowners and discharge our duties as a project developer including preparation of appropriate technical documentation as per the respective crediting standard guidelines from time to time. We cannot stop local politics. We have no control on the local politics. There are multiple local and national politics and hatred around which fuels these kinds of wild allegations with an overall objective of continuation of depriving the under privileged and underdeveloped local communities from improved living conditions. Readers should ascertain the underlying ulterior motives in these kinds of allegations and mischievous behaviour. The people and entities attacking this REDD+ project with wild allegations, baseless, irrelevant, and misleading statements and decelerating the progress of the project are the enemies of the country and indulging in serious direct long-term damage to the welfare of local communities and eventually the Republic. How long the rural local communities have to struggle to improve their living conditions? Should they be living in such conditions continuously in future as well? This project co-benefits can certainly help local communities to improve their livelihoods and strengthen their resolve to reach higher in the overall living standards.

7) Even if someone is having a personal vendetta or jealousy or having an idea to gain commercial benefits or to gain political benefits or having time to indulge in some mischievous writings, this kind of writing and campaigning is highly immoral and must be stopped immediately. This is nothing but a disservice to the humanity and disrespect to the people of Democratic Republic of Congo who have protected this wonderful rain forest since centuries. We consider this REDD+ project as an honour and tribute to the people of Democratic Republic of Congo for their continuing and commendable commitment to protect these magnificent Congo forest areas. Instead of appreciating this project initiative and implementation, some people and entities are trying to damage the progress of the project. This is highly unfortunate and must be stopped in the best interest of the country. Honourable Environment and Sustainable Development Ministry is aware of all the facts and will act in the best interests of the country.

The allegation is made that this REDD+ project fuels food security and community conflicts. There is no bigger lie than this statement in whole of the allegation sheet. In fact, this REDD+ project does increase the food security and peaceful stable community living. Please read the CCB documentation provided on the project page at Verra.

https://registry.verra.org/app/projectDetail/VCS/2320

8) KMS did not violate any laws or coerced any customary landowner to sign the REDD+ lease agreements. It was a fully transparent agreement signing process which happened in group community meetings. It was not a personal dealing with any Chief. We have adequate pictures and evidence of such meetings. The collective decision of the communities has translated into the signed agreements. Please see the project and field works done from the Verra documents on Verra web page:

https://registry.verra.org/app/projectDetail/VCS/2320

Additionally, more elaborate field information can be seen from the project specific website:

http://reddplusprojectdrcongo.earth/

9) Please do not compare two different REDD+ projects or try to cast us in a wrong way by generalizing and writing some sweeping statements. When as a developer if we have not done anything wrong why should we fear or back out from any project implementation? We cannot stop local politics and villains from performing desperately what they are best doing at. When so many incidents, actions, events, behaviour, ego clashes around the World are bringing serious metal agony, physical and emotional misery, discrimination, death and damages to the people and life on this planet, some people are busy trying to kill community benefiting REDD+ projects as if the project developer is indulging in robbery and crime. This is an absolute shame. Let us keep aside politics and egos. Let local communities in these forest areas enhance their living standards without exploitation, deforestation, degradation and logging of forest areas, but through the income from REDD+ carbon credits. Since the income sources other than exploitation of forest are very limited for the local communities due to various reasons, let us not forget the fact that REDD+ is one of the best routes for improved livelihoods and societal progress.

10) KMS is not entitled to 40% of the carbon credits as was wrongly mentioned in the note. KMS share is much lower. 40% is a wrong statement in your note. You have considered only national and provincial government share. You have not considered the amounts due to the public treasury, forest concession fees, tax payable. Let us not misguide the readers with incomplete and misleading information please. KMS respect the principle of proportionality and relevant national government rulings.

11) Dragging into public and intimidating and blackmailing the REDD+ project developers like this by writing baseless allegations and malicious statements in social media and other websites is unfair. Attempt is made conduct legal trails on internet. Conceptualizing and implementing a REDD+ project with an objective of the upliftment of the communities is a crime committed by us? Trying to hurt and damage the livelihoods and potential improvements with respect to the local communities is nothing short of a crime against humanity. Everyone must understand and be aware that respective honourable governments and respective crediting standards bodies are fully equipped and supremely competent to check and ensure the strict compliance by project developer with all required statutory and process elements of the REDD+ project registration and issuance of carbon credits. It looks like there is some political vendetta behind these false allegations when KMS do give utmost importance to the full acceptance and participation of the community for successful implementation of REDD+ project.

12) Please do not conduct legal trail or castigate REDD+ project developers on the website by writing text which shows the project developer in bad light. In some REDD+ project cases project developer may never reply. In such scenario, unsubstantiated and baseless allegations will continue remain on the internet which is demotivating and misleading to the international community which may have a major negative impact on the international community’s resolve to support REDD+ projects to enhance the overall development of forest communities. Support of international community is a critical aspect to the protection of the remaining rain forests on this planet.

13) It is mentioned in the note that this project is a well-documented scam. This project is not a well-documented scam. Certainly, this is a well-documented and well implemented REDD+ project with genuine implementation and by showing facts, figures and implementation original pictures in the project documentation. Please note that implementation and spread of developmental activities within the project areas and surroundings is a continuous process and not a one stroke one time activity. It is pertinent to note that various organizations from various countries including from Europe had communicated to us verbally and in writing hugely appreciating this REDD+ project initiative, project implementation and relevant technical documentation.

14) Our address and contact numbers are given to the local communities and signatories. There is no concealment or hiding of information.

15) We never took signatures of any person in a wrong way. Same persons whose name is there on agreements only signed the agreements. We had adequate community meetings in project areas. Community had the full opportunity to participate in the decision-making process and thereby make the stake holder consultation process more effective which clearly shows that not only mere consultation but the free, prior and informed consent was obtained.

16) In the note, it says that local authorities are not aware of KMS REDD+ Project. It is totally untrue. Years back, we have submitted project implementation information and copies of legal approvals obtained from Honourable National Ministry of Environment and sustainable Development, KMS agreements signed with sector/chiefdom chiefs, REDD+ project area maps, etc. in writing to the Honourable Governor offices in all six provinces. This REDD+ project is managed as a well-informed with meaningful involvement of all stakeholders, including indigenous local people.

17) In the note, it is recommended to KMS that KMS to cooperate for the cancellation of agreements with communities since we did not follow principles of FPIC. This is totally untrue and baseless allegation which does not have any merit. Community consent was achieved by the collective efforts. With ulterior motives asking for cancellation of this REDD+ project will inflict serious damage to local communities and host country and other stake holders.

18) It is mentioned in the note that Honourable Tshuapa Governor has opposed KMS approach. It is true that Honourable Governor has raised some concerns about the lack of presence of Governor Office representatives in the process of REDD+ project lease agreements signing with respect to Verra VCS 2320 project via letter dated 11th September 2021 with Secretary General, National Ministry of Environment and Sustainable Development. Subsequent to that letter the Secretary General has clarified about the KMS REDD+ Project to Honourable Governor. KMS has also independently replied with all relevant clarifications to Honourable Governor of Tshuapa on 28th September 2021 by sending a copy of the reply letter to Secretary General Office in Kinshasa. KMS had provided all necessary explanation adequately and evidence of community meetings held including pictures taken during meetings showing the very presence of Vice Governor of the Province and Governor’s secretariat officials, Sector/Chiefdom Chiefs and Territory Administrators, during which time Honourable Governor was not present in the provincial capital.

19) With respect to the statement in the allegation sheet where reference is made to one of our other REDD+ project in Papua New Guinea, the explanation provided by one Mr.Jerry Geno who is from one of the land owners groups gives you some decent indication of the facts on the ground. The same is available on REDD Monitor website which is reproduced below for immediate reference. The explanation provided by the landowner is self-explanatory and do not need any further explanation from our side. Even after reading this if someone thinks that KMS did misbehave or indulged in a scam we cannot really help them. There is absolutely nothing wrong with this project or its implementation. The local communities are participating in this project 100%. The project is doing well on all fronts including obtaining the necessary clarifications in the light of proposed moratorium on Verra VCS REDD+ projects in PNG, even though the proposed moratorium is still not yet been implemented or made into a law. Please understand. Prejudiced approach is unfair and dangerous. Facts are there to see on ground with local communities. If anyone further wants to investigate on this REDD+ project in PNG, they can directly communicate with local communities.

Jerry Geno says:

30 March 2022 at 6:51 am

We people of Papuan Waria under the 4 Incorporated Land Groups, Pore, Mawae, Konoma and Kwazulu ILG cannot understand our Governor. He has supported us from day one since 2015 to undertake REDD+ project in Papuan Waria Valley of Oro Province.

The Governor supported the project due to his advocacy towards protection and conservation of rainforests areas. We also supported his advocacy because in our various resolutions we had stopped mining, logging and oil palm planting in the Papuan Sadia Valley. In our various meeting we all agreed to protect our rainforest for our children’s future.

The Governor also appointed a project officer within Oro Provincial Governnent to oversee our project ( name known). This is how we got our motto for our Landowner company, Papuan Waria Rainforest Limited. That is ‘ For our Children’s Future’s.

We, the ILG Chairman’s and Landowner Company Officials had meet meet the Governor eight times in various occasions and three written briefs with three submissions. For the submissions, there were no feedback although verbally in two occasions he promised to support us financially but no vail. Except for Oro Administration who supported us with K10,000 for the ILG process.

It was only in July of 2021, in our final update meeting in Oro Province he abruptly attended and agreed and supported our projects except that we must come under the Northern Province Resource Limited( NPRL) a self Company owned by the Oro Provincial Government. And the proceeds must be chanelled through the NPRL for service delivery and development purpose. This arrangement we, landowners totally disagreed. We did not want a middle men to manage our land use and affairs. Not only that we want benefits to come directly to the landowners who can prioritized the development aspirations of the people and to avoid political interference in the project.

Not only that the Governor wanted us to get Cifor Incraft to be the developer of our project. We, landowners also rejected that as we were undertaking REDD+ project under the voluntary scheme and all along we wanted to seek out investors and agreements made directly with us landowners.

The Governor did not like our arrangement and this resulted in a sudden u turn and this we expected it will to happen as a politician who wants to manage projects in the province. Oro Provincial Administration supported us all along. We have Support Letters to verify that.

For the National Government and government agencies, CCDA and NFA supported and assisted us since 2015 including DLPP on the ILG process CCDA provided us necessary guidance under the framework.

We have exhausted the government process to get the far. We have Support Letters from NFA and CCDA of the project.

In summary, the REDD+ project in Papua Waria Valley is supported by Oro Provincial Government and Adminstration and the Government of PNG including Government agencies. And Governor of Oro has supported the project from day one. His change of heart is due to our reluctance to come under his arrangements of which we outrightly reject.

Thank you all.

Jerry Geno says:

11 April 2022 at 12:40 am

Dear National and International Community, We people of Papuan Waria under the 4 Incorporated Land Groups, Pore, Mawae, Konoma and Kwazulu ILG cannot understand our Governor. He has supported us from day one since 2015 to undertake REDD+ project in Papuan Waria Valley of Oro Province.

The Governor supported the project due to his advocacy towards protection and conservation of rainforests areas. We also supported his advocacy because in our various resolutions we had stopped mining, logging and oil palm planting in the Papuan Sadia Valley. In our various meeting we all agreed to protect our rainforest for our children’s future.

The Governor also appointed a project officer within Oro Provincial Governnent to oversee our project ( name known). This is how we got our motto for our Landowner company, Papuan Waria Rainforest Limited. That is ‘ For our Children’s Future’s.

We, the ILG Chairman’s and Landowner Company Officials had meet meet the Governor eight times in various occasions and three written briefs with three submissions. For the submissions, there were no feedback although verbally in two occasions he promised to support us financially but no vail. Except for Oro Administration who supported us with K10,000 for the ILG process.

It was only in July of 2021, in our final update meeting in Oro Province he abruptly attended and agreed and supported our projects except that we must come under the Northern Province Resource Limited( NPRL) a self Company owned by the Oro Provincial Government. And the proceeds must be channeled through the NPRL for service delivery and development purpose. This arrangement we, landowners totally disagreed. We did not want a middle men to manage our land use and affairs. Not only that we want benefits to come directly to the landowners who can prioritized the development aspirations of the people and to avoid political interference in the project.

Not only that the Governor wanted us to get Cifor Incraft to be the developer of our project. We, landowners also rejected that as we were undertaking REDD+ project under the voluntary scheme and all along we wanted to seek out investors and agreements made directly with us landowners.

The Governor did not like our arrangement and this resulted in a sudden u turn and this we expected it will to happen as a politician who wants to manage projects in the province. Oro Provincial Administration supported us all along. We have Support Letters to verify that.

For the National Government and government agencies, CCDA and NFA supported and assisted us since 2015 including DLPP on the ILG process CCDA provided us necessary guidance under the framework.

We have exhausted the government process to get the far. We have Support Letters from NFA and CCDA of the project.

In summary, the REDD+ project in Papua Waria Valley is supported by Oro Provincial Government and Administration and the Government of PNG including Government agencies. And Governor of Oro has supported the project from day one. His change of heart is due to our reluctance to come under his unprofessional arrangements of which we out rightly reject. Politically motivated illegal propaganda with ulterior motives is not fair and totally unprofessional. In the disguise of advocacy on forest protection and conservation targeting communities and making them suffer as they were suffering for decades under this administration is not fair. Fake advocacy is not good for country or its communities. Local communities interests are paramount and critical. Indulging in maligning campaigns about our REDD project on internet like twitter, redd monitor and other websites are nothing but false, malicious, mischievous, politically motivated and legally punishable. Taking information from some one who is jealous of this REDD project progress and writing the dictated text on internet as if it is a fact is highly unacceptable and totally illegal. We strongly urge all outsiders to stop writing false and wild allegations and misguide the international community. This project is having 100% participation by communities and this is a genuine REDD+ project. We thank you all for understanding the facts.

20) The word scam is used very easily and generously in the note. This hurts and the language used may kindly be more professional and the text used remain to the subject point. Abusing and using derogatory words is not fair. At the same time it is perfectly fine for any stake holder to raise genuine concerns on any REDD+ project. We do not object to that. Please, with respect to any REDD+ project, try to investigate and look at the root cause of this malicious campaign on various websites and social media. Understand the underlying elements and ulterior motives of the enemies of people, state and humanity at large. Local communities in many of the REDD+ projects do not use internet or social media. They live in forests. They are rarely equipped to counter your statements or write their side of the story on internet and social media. Some NGOs may sometimes get confused with facts and the real intentions of the project developer. Misunderstandings if any need to be sorted out with adequate discussions and cooperation. We need to be realistic to the project circumstances with an objective of overall improvement of local communities, poverty alleviation and biodiversity protection.

You can find the weblink of the above response submitted to REDD-Monitor by KMS  here:htt1ps://redd-monitor.org/2022/05/03/response-from-kanaka-management-services-please-do-not-conduct-legal-trail-or-castigate-redd-project-developers-on-the-website-by-writing-text-which-shows-the-project-developer-in-bad-light/

The text of the REDD-Monitor post (dated 28th April 2022) on KMS REDD+ project namely “National REDD+ Project in the Democratic Republic of Congo” is as given below:

To Mrs. Eva Bazaiba,

Deputy Prime Minister and Minister of the Environment and Sustainable Development

2895 Boulevard du Palais de la Nation, Gombe,

Kinshasa, Democratic Republic of Congo

Subject: Putting an end to the illegal activities of the KMS company, and its violations of local communities and indigenous peoples’ rights in the DRC

Your Excellency the Deputy Prime Minister,

We hereby request your immediate intervention regarding the illegal actions of Kanaka Management Services Private Limited (KMS), an Indian company implementing a REDD+ project in six provinces of the DRC. The KMS project was designed to enrich this foreign company through carbon credits, but led to the dispossession of thousands of people, and it is also generating conflicts and depriving the country of a major development opportunity.

A well-documented scam

In January 2022, we were alerted by local and indigenous communities from the Equateur Province, after they had been victims of a scam. In December 2021, KMS used deception and other malicious methods to force these communities, who hold Local Community Forest Concession (CFCL) titles, to sign exploitation contracts, which grant KMS exclusive rights to carbon credits and other forest resources, for a period of one hundred (100) years.

With false promises of significant profits that could result from the sale of carbon credits, KMS travelled throughout the CFCLs of the province of Equateur, spending less than an hour per village and sometimes even at night. KMS exerted pressure on some village representatives they met to sign these contracts, without having time to read or discuss their content, especially since these contracts were written only in French and English. This is contrary to the principles enshrined in particular by Ministerial Order No. 026 of 08 November 2017 setting the framework of national directives on Free, Prior and Informed Consent (FPIC) in the context of REDD+ implementation in the DRC, and its Annex, “Harmonised Methodological Guide for the Implementation of FPIC”.

In some communities, KMS also falsely claimed to represent the organisation GASHE, the Congolese NGO that has supported these communities for many years in their efforts to apply for CFCLs and who continue to support them in the management phase. When the communities had an established Local Management Committee, KMS also encouraged the representatives present to imitate the signature of the absentees, which constitutes a forgery in writing and use of forgery. In at least one documented case, the company also signed with one village representative they met in a surrounding town without ever having visited the village in question.

In Equateur, KMS is believed to have succeeded in getting 25 out of the 29 communities with CFCLs in the province to sign such contracts. Annex 1 provides further details on all the misconduct committed by KMS and documented by the GASHE and APEM organisations in the Equateur province in February and March 2022.

A considerable threat to community forestry in the DRC

Our partner organisations have so far only been able to document the misconduct of KMS committed in the Equateur province, however everything suggests that the company’s strategy is to reproduce the same pattern in the other provinces – Tshuapa Tshopo, Maniema, Sankuru and Bas-Uélé – where it holds approval certificates that have been signed, between May 25 and June 18, 2018, by the Ministry of Environment and Sustainable Development. These certificates cover 218 sectors, i.e. a third of Congolese territory. This would be a large-scale scam.

The content of these contracts signed between KMS and certain communities seems to be in the exclusive interest of the company. Indeed, KMS would hold 40% of the profits from the sale of carbon credits, against only 10% for communities – even though certain sums, corresponding to taxes, various costs induced by KMS, or ‘sanctions’ imposed on communities, could be deducted from this 10%, under unknown terms and at KMS’ discretion. Contracts also trap communities by setting a six (6) year notice period for termination.

Under these contracts, the communities also appear to be ceding to KMS all exploitation and management rights over their forests, and they would be forced to devote the entire area of their CFCL to environmental services, which is in contradiction with the fundamental principles of community forestry, namely the sovereign, participatory and inclusive management of the various forest resources and the “multi-use” vocation. These provisions also leave communities uncertain about the activities they will be allowed to undertake to ensure their livelihoods and the sustainable development of the local economy.

Such contractual conditions could easily lead to (1) the impoverishment of these communities, and reduce their food security; and (2) lasting inter-communal conflicts, including between signatories and the wider majority of inhabitants, as already observed in most of the villages affected by the KMS contracts .

Finally, a body of evidence tends to confirm the illegal or at least illegitimate nature of KMS actions. The certification agency VERRA confirmed that it had “rejected” the KMS REDD+ project in the DRC in September 2021, at the request of the Congolese administration, which considers that KMS did not meet the necessary conditions of the current state of the project. Despite this, KMS continues to claim to hold such certification.

It should also be noted that in the Tshuapa province, the Governor had opposed KMS’ approach (see the letter in Annex 3). Since then, KMS has suspended its activities in this province. Meanwhile, in a recent statement, a governor of Papua New Guinea described a similar KMS project implemented in his country as a “scam”.

This is part of a worrying new trend in which companies are trying to sell carbon credits from forests that they should not have access to. An investigation by El Pais and Planeta Futuro revealed how logging companies in the DRC had illegally converted their concessions into conservation concessions. These illegal practices must stop if the DRC wishes to position itself as a credible “solution country” on the international arena.

Minimum recommendations to protect the rights of communities

• Facilitate the cancellation of contracts signed between KMS and local communities and indigenous peoples;
• Cancel KMS’ “homologation certificates” (signed by the MEDD in 2018) and any other document that the company may use to justify its actions in violation of current regulations, local practices and customs;
• Conduct a thorough investigation into individual responsibilities within the forestry administration, in particular regarding the signing of “homologation certificates” to KMS, as well as the lack of appropriate follow-up to this day;
• Apply the rigor of the law to prevent other actors from using similar methods, as part of this rush to exploit CFCLs for payments for environmental services;
• Cancel logging concessions that have been illegally converted into conservation concessions;
• Improve and finalise regulations and tools related to REDD+ projects in the DRC.

The signatory organisations:

– APEM – Action for the Promotion and Protection of Endangered Peoples and Species

– CAGDFT – Support Centre for the Sustainable Management of Tropical Forests

– GASHE – Action Group to Save Man and his Environment

– GeoFirst Development

– RCREF – Network for the Conservation and Rehabilitation of Forest Ecosystems

– PREPPYG – Peasant Association for the Rehabilitation and Protection of Pygmies

– RFUK – Rainforest Foundation UK

Copies to:

– The Presidency of the Republic

– The Prime Minister

– The Environment and Natural Resources Committees of the National Assembly of the National Assembly and the Senate

– The company KMS

ANNEXES:

Annex 1: Report on the actions of KMS in the DRC

Annex 2: Example of a contract signed between KMS and a community

Annex 3: Letter from the Governor of the Tshuapa Province to KMS (May 18, 2021)

Appendix 1: Report on the actions of KMS in the DRC

1. Summary

Kanaka Management Services Private Limited is an Indian company based in Bengaluru. Its strategy in the DRC is to have contracts signed – entitled “Land leases and rights to develop REDD+, forest conservation, deforestation and reforestation project” – with local and indigenous communities, who hold a community forest or “Forest Concession of Local Communities” (CFCL).

These contracts:

– have been signed using malicious methods, without the Free Prior and Informed Consent (FPIC) of the communities, and in violation of current regulations;

– grant KMS exclusive rights over the entire surface of the CFCL, in exchange for almost no share of the benefits for the communities; on the contrary, the latter may be sanctioned by KMS in the event of non-compliance with rules that are not defined in the contract;

– say they are legally binding for a period of 100 years, with a 6 years notice period for termination.

2. KMS in DRC:

Headquarters in DRC: Lubumbashi, and a representation in Kinshasa;

National representative: Mr. Jean-Claude Mulobe;

Description of the KMS REDD+ project in the DRC: available on page http://nationalreddplusprojectdrcongo.org/wp-content/uploads/2021/10/DRC-KMS-VCS-CCB-PD.pdf [1]

Presence in 6 provinces: Tshopo, Tshuapa, Equateur, Maniema, Bas-Uele, Sankuru, by virtue of 20 certificates of approval signed by the Ministry of the Environment and Sustainable Development, between 25 May and 18 June 2018 (see project description p.71). The project intends to cover an area of 72,010,950 hectares in 218 sectors, or about 30% of the national territory.

3. Documentation of KMS actions in Equateur:

In January 2022, communities informed the GASHE organisation of KMS passing through their villages after the contracts were signed. In February and March 2022, GASHE and APEM collected information during a documentation mission within 10 CFCLs, as well as in Mbandaka and in the capitals of the sectors concerned in the territories of Ingende, Bikoro and Lukolela.

According Mr. Ledoux Bondele, KMS Focal Point in Equateur, he signed in December 2021 identical contracts with all the communities holding a CFCL in the province of Equateur, with the exception of four communities that were not visited or refused to sign. It would then be 25 signatory communities. [2]

Before taking these steps, KMS reportedly obtained the signature of documents by the sector heads in 2018, but then no longer interacted with local and provincial authorities, with the exception of the Focal Point of the Community Forestry Division (DFC) in Equateur. However, the latter says it has never been aware of the contract template developed by KMS.

Out the 7 CFCLs visited by GASHE and APEM, all expressly requested legal and judicial assistance to cancel the contracts they signed with KMS.

Further information is available on request on the specific actions of KMS within each of these communities, but the summary table below gives an overview of the documentation work carried out.

4. Summary of the facts alleged against KMS:

A long list of infringements can motivate the cancellation of all contracts signed between KMS and the communities of the province of Equateur:

1. Content of the contract: a fraud

In remote forest areas where the state is almost absent, and where funding opportunities are scarce, KMS only argued to people met in the villages that carbon credits could generate significant profits, and be a boon for local development.

However, KMS never mentioned the provisions of the contract that state that communities:

– Cede to KMS all exploitation and management rights over their forests (point 4. of the contract) and will be forced to devote the entire area of their CFCL to environmental services (points 2 and 3.) : this is in contradiction with the fundamental principles of community forestry, namely the sovereign, participatory and inclusive management of different types of forest resources (multi-use vocation). These provisions leave communities uncertain about the activities they will be allowed to undertake to ensure their livelihoods and the sustainable development of the local economy;

– Will only receive 10% of the profits generated by carbon credits, less taxes and other charges incurred by KMS (point 8.) : even under the best conditions, such a small percentage does not seem fair (considering that KMS reserves 40%) nor sufficient to contribute to local development;

– Could be penalised for non-compliance with certain rules (points 3., 6. and 8.) , without specifying the content of these rules defined by KMS (on deforestation and biodiversity conservation), nor the modalities of these sanctions; which could open the way to unilateral and arbitrary decisions on the part of KMS;

– Commit for a period of 100 years, with 6 years’ notice, which is unusual and fundamentally unreasonable under private law.

Without appropriate negotiations on the content of these imprecise clauses, the risk is immense for communities that could find themselves subject to the opaque management of KMS. Such contractual conditions could easily lead to:

– the impoverishment of these communities, including by reducing their food security;

– lasting inter-communal conflicts, especially between the signatories and the largest number of inhabitants, as already observed in most of the signatory villages.

1. Non-compliance with FPIC:

The KMS methods violate Ministerial Order No. 026 of 8 November 2017 setting the framework for national guidelines on free and prior informed consent (FPIC) in the context of REDD+ implementation in the DRC.

KMS did not respect the 9 steps of the methodological guide for the implementation of FPIC in the context of REDD+ projects in the DRC and in particular the following principles:

– Principle 1: “The REDD+ programme/project/initiative bearer should refrain from using pressure, manipulation, intimidation or force to gain acceptance among local communities and indigenous peoples”;

– Principle 6: “assistance to communities during negotiations”;

– Principle 8: “the agreement must be concluded on the basis of the FPIC of the community and the consent is formalised and documented”.

Therefore, KMS has not complied with the legal requirements, and no consent can be freely given under the following conditions:

– Information: KMS agents stayed only 45 minutes maximum per village, without explaining the content or implications of the contract, and without giving the signatories time to read the document;

– Language:the contract was provided in English and French only, languages that are generally not read or understood locally;

– Community institutions: KMS did not in any way ensure that the decision to sign the contract would be taken by representative and legitimate bodies; on the contrary, in the absence of existing bodies, committees were created under pressure in a few minutes with those present;

– Support/advice: communities did not have the opportunity to call on a facilitator (NGO or lawyer, etc.);

– Negotiation: The communities had no opportunity to change the provisions of the contract, as KMS said it did not have time to discuss. Either community representatives signed immediately, or they “missed the opportunity” to generate profits for their community;

– Participation: no community consultation or signing ceremony took place to guarantee the consent of as many people as possible.

1. Opacity / concealment of identity:

The communities visited stated that no name or address in the DRC had been provided to them in order to contact KMS after the agents had left.

This is in violation of indicator 1.1 of Order 026: “The project leader […] is well known and accepted by local communities and indigenous peoples.”

1. Untruths:

The contracts stipulate in the preamble:

However, all the communities visited confirmed during our mission said that:

– KMS had never visited their village before December 2021 (the date of signature of the contracts);

– They have never committed to the implementation of REDD+ projects supported by KMS, nor have they undertaken patrols to this end.

1. Quality usurpation :

KMS agents mentioned the names of the facilitators of GASHE (the NGO accompanying 8 CFCL in the province) and claimed to come as a partner of GASHE.

1. Forgery in writing and use of forgery:

KMS agents encouraged community members to imitate the signatures of absent people. This is particularly the case for the community of Ilebo (Lukolela territory, Mpama sector), which is linked to KMS under a contract signed by only one notable, who allegedly imitated the signatures of other members of his community. KMS did not go to Ilebo, and was content to deal with this notable met in another city.

1. Conditions of validity of a CFCL operating contract

According to Order 025 of 9 February 2016 laying down specific provisions relating to the management and operation of CFCL, a community awarded a CFCL may operate it itself or by means of an operating contract signed with a third party. There are, however, cumulative formal and substantive conditions for such contracts to be valid.

• Formal requirements for the validity of operating contracts with third parties:

– Use of the contract template published by the administration : any exploitation contract must comply with the model developed and published by the central forestry administration (according to Article 38 of Order 025). However, KMS did not use the existing approved model to develop the standard contract to be signed by the communities.

– Validation of the contract by a community council : the contract must be validated by the entire community (according to Article 36 of Order 025). However, no community meeting was organised to validate KMS’ contracts.

– Approval of the contract by the competent administration: the exploitation contract enters into force only after its approval by the local forestry administration (according to Article 38 of Order 025). However, all the representatives of the local administration contacted – heads of sectors, heads of environmental posts, territories administrators, decentralised agents of the MEDD – confirmed that they had neither validated these contracts nor been aware of their existence.

• Substantive requirements : communities that sign contracts with third parties must:

– Have community management bodies established and approved by the entire community. However, KMS signed with several unstructured communities, after having asked them to urgently set up a Local Management Committee (CLG) with 7 members; while Order 025 requires such Committee to be composed of 9 members and while these members were not appointed in a participatory manner. Therefore, contracts that have been signed by unauthorised persons cannot be valid.

– Have a Simple Management Plan (PSG) developed in a participatory manner, validated by the Community Assembly, then approved by the administration. However, most of the signatory CFCL do not have an approved PSG.

5. Conclusion:

The community forestry process is a major innovation that can promote the sustainable management of forest resources in the DRC, by empowering customary users and owners of forest land. However, under conditions that are not conducive to participatory, inclusive and transparent management of resources, these initiatives are unlikely to benefit communities, the state, or even the environment.

On the contrary, in the situation described above, where the CFCLs are monopolised for the sole benefit of a foreign company, there is an immense risk of observing the emergence of major socio-economic and environmental problems, and thus wasting years of intense and permanent efforts, made by communities, the government, civil society, international donors, etc., i.e. all actors who continue to support community forestry in the DRC.

A project such as KMS’ is therefore fundamentally incompatible with the government’s vision and objectives, both in terms of fighting poverty, and protecting the climate and biodiversity.

6. Recommendations

To the VPM-MEDD and the forestry administration (DGF/DFC):

• Cancel KMS’ homologation certificates and any other document that the company may hold up to justify actions that violate current regulations, local practices and customs;
• Apply the rigor of the law to prevent other actors from using similar methods, as part of this rush to exploit CFCL for payments for environmental services;
• Cancel logging concessions that have been illegally converted into conservation concessions
• Improve and finalise regulations and tools related to REDD+ projects in the DRC.

To local and provincial governments:

• Not to approve contracts concluded as a result of fraudulent maneuvers;
• Facilitate the cancellation of contracts signed between KMS and local communities and indigenous peoples;
• Cancel the contracts signed between KMS by the sector chiefs in 2018.

To KMS:

• Cooperate with a view to the cancellation of all contracts signed under conditions that do not respect the principle of FPIC and the regulations in force;
• Refrain from having any other contract signed under these unlawful conditions.

[1] KMS project website: http://nationalreddplusprojectdrcongo.org/

[2] La Community Forestry Database lists 29 CFCL in Equateur Province.

Kanaka Management Services’ REDD project in the Democratic Republic of Congo: “Fundamentally incompatible with the government’s vision and objectives, both in terms of poverty alleviation and climate and biodiversity protection” | REDD-Monitor