Timber Trade and Poverty Alleviation in the
Transcription
Timber Trade and Poverty Alleviation in the
The Timber Trade and Poverty Alleviation Upper Great Lakes Region June 2007 List of Acronyms ACCO ADARWA : : AEFOSKI : AFABKA : AMEKI : ANR APENB : : APJ ASBL BCC BCDC BIC Bureau II CDC CENADEP : : : : : : : : CENEM : CIAT : CIF COMESA COMIFAC COODES : : : : COVEB : CPA CPGL : : CREF Network : DEMIAP : DFID DFO DGC DGI DGM DGRAD : : : : : : DRC EAC EAD / DAE : : : ECCAS ECNEF : : ENRA EPB : : Association des Chauffeurs du Congo / Congo Drivers Association Association des exploitants de bois du Rwanda / Association of Logging Companies in Rwanda Association des Exploitants et Etudes Forestières au Sud-Kivu / South Kivu Association of Forestry Research and Logging Companies (DRC) Association de Fabricants de Braise à Kasindi / Kasindi Charcoal Manufacturers Association (DRC) Association des Menuiseries de Kihumba / Kihumba Carpentry Association (DRC) Agence Nationale des Renseignements / National Information Office Association Professionnelle des Exploitants et Négociants de Bois / Professional Association of Timber Operators and Traders (DRC) Agent de police judiciaire / Junior Criminal Investigation Officer Association Sans But Lucratif / Not-for-Profit Association Banque Centrale du Congo / Central Bank of the Congo Banque Commerciale du Congo / Congo Commercial Bank Banque Internationale du Congo / Congo International Bank Bureau Militaire / Military Office (DRC) Commonwealth Development Corporation Centre National d’Appui au Développement et à l’Education Populaire / The People’s National Education and Development Support Centre Comité des Exploitants et Négociants du Bois en territoire de Mangina / The Mangina Territory Committee of Wood Traders and Logging Companies (DRC) Comité International d’Aide à la Transition / International Committee to Support Transition (DRC) Cost, Insurance, and Freight Common Market For Eastern and Southern Africa Central African Forest Commission Coopérative pour le Développement Economique et Social / Economic and Social Development Cooperative (DRC) Comptoir d’achat et de Vente du Bois à l’Exportation / Export Timber Purchasing and Sale Office (DRC) Comprehensive Peace Agreement Communauté des Pays des Grands Lacs / Community of the Great Lakes Countries Network for the Conservation et la Réhabilitation des Ecosystèmes Forestiers / Conservation and Rehabilitation of Forest Ecosystems Direction Militaire des Anti-Patrie / Military Detection of Antipatriotic Activities (DRC) Department for International Development District Forestry Office (Uganda) Direction Générale des Contributions / The Congo Inland Revenue Direction Générale des Impôts / The Tax Office Direction Générale des Migration / The Congo Migration Office (DRC) Direction Générale des Recettes Administratives et Douanières / General Directorate of Administrative and State Revenues (DRC) Democratic Republic of Congo East African Community Entité Administrative Décentralisée / Decentralised Administrative Entity (DRC) Economic Community for Central African States Environnement, Conservation de la Nature, Eaux et Forêts / Conservation of Nature, Water, Forests and the Environment (DRC) The Enzymes & Raffineries Company Exploitation du port de Bujumbura / Bujumbura Port Authority Page | 2 FAO FARDC FDLR : : : FEC FID FLEG FM FMP FNI FNL FOB FOPRADI : : : : : : : : : FRCF : FRPI GA GLHRP GNU GoSS ICCN : : : : : : ICCO IDEC : : IECCC : INICA IPMEA : : ITTO : LRA MARP : : MINITERE : MLC : MONUC : NFA NGO NRM OCC OCHA OFIDA OGEFREM : : : : : : : OGP OIBT : : OPJ : : : : PIR PSR RDC Food & Agriculture Organisation Forces armées de la RDC / The DRC Armed Forces Front démocratique pour la libération de Rwanda / Democratic Front for the Liberation of Rwanda Fédération des Entreprises du Congo / Federation of Congo Businesses Forestry Inspection Division (Uganda) Forest Law Enforcement and Governance Forests Monitor Forest Management Plan Front for National Integration Forces Nationales de Libération / National Liberation Forces, Burundi Free On Board Foyer pour la Promotion Paysanne et la Redynamisation des Actions pour le Développement Intégral / Club for the Promotion of Farming and the Restimulation of Integral Development Actions (DRC) [Service] Fonds de reconstitution du capital forestier / Fund for the Reconstitution of Forestry Capital (DRG) Front des Résistances Patriotiques Garantie d’Approvisionnement / Guarantee of Supply Great Lakes Human Rights Program Government of National Unity (Sudan) Government of South Sudan Institut Congolais de la Conservation de la Nature / The Congolese Institute for Nature Conservation Interchurch Organisation for Development Co-operation Institut de développement économique / Institute for Economic Development (Burundi) Information, Education et Communication environnementale pour le Changement de Comportement des communautés / Environmental Information, Education and Communication to Instigate Change in Community Behaviour Initiative for Central Africa Industrie, Petites et Moyennes Entreprises Artisanales / Ministry of Industry and Artisanal, Small and Medium Sized Enterprises (DRC) International Timber Trade Organisation / Organisation Internationale des Bois Tropicaux Lord’s Resistance Army Méthode Accélérée de Recherche Participative / Accelerated Participatory Research Method Ministry of Lands, Environment, Forestry, Water, and Natural Resources (Rwanda) Mouvement de Libération du Congo / Movement for the Liberation of Congo (DRC) Mission des Nations Unies au Congo / United Nations Organisation Mission in the Democratic Republic of Congo (DRC) National Forest Authority (Uganda) Non-Governmental Organisation National Resistance Movement Office Congolais de Contrôle / Congo Office of Law Enforcement United Nations Office for the Coordination of Humanitarian Affairs Office des Douanes et Accises / DRC Customs & Excise Office de Gestion et Fret Maritime / Office for the Management of Maritime Freight Office of Global Programs Organisation Internationale des Bois Tropicaux / International Timber Trade Organisation Officier de police judiciaire / Senior Criminal Investigation Detective Police d’intervention rapide / Rapid Intervention Police or Force (DRC) Police speciale de roulage / Special Haulage Police Resident District Commissioner Page | 3 RCD-ML RRA RRN RWE SADC SNEL SOOCODEFI : : : : : : : SPLA SPLM SPLM/A SPRL : : : : TCB TRANSCOM TVA UCD : : : : UNDP UNESCO UPDF URA VAT VPA : : : : : : : : : : WCS WNBF WWF WWF-PEVi Congolese Rally for Democracy – Liberation Movement Rwanda Revenue Authority Réseau Ressources Naturelles / Natural Resources Network Round Wood Equivalent Southern Africa Development Community Société Nationale d’Eléctricité / National Electricity Board (DRC) Société des Coopératives pour le Développement de Fizi / Society of Cooperatives for the Development of Fizi (DRC) Sudan People’s Liberation Army Sudan People’s Liberation Movement Sudan People’s Liberation Movement/Army Société Privée à Responsabilité Limitée, equivalent to a private limited liability company Terminal Container of Beni (DRC) Transport & Communication (DRC) Total Value Added taxes and duties Union des Commissionaires en Douane / Union of Customs Clearing Agents and Brokers United Nations Development Programme United Nations Educational, Scientific and Cultural Organisation Uganda People’s Defense Force Uganda Revenue Authority Value Added Tax Voluntary Partnership Agreements Wildlife Conservation Society West Nile Bank Front World Wide Fund for Nature / World Wildlife Fund World Wide Fund for Nature - Programme Education Virunga Page | 4 Contents List of Acronyms ..................................................................................................................... 2 Contents .................................................................................................................................... 5 Figures ...................................................................................................................................... 6 1 Executive summary ........................................................................................................ 7 2 Introduction................................................................................................................... 10 3 Context of the study ...................................................................................................... 11 3.1 Poverty Alleviation and Natural Resources Trade ..................................................... 11 3.2 Forests and Conflict in the Great Lakes Region ......................................................... 11 3.3 Regional Political Relations ....................................................................................... 12 4 Methodology .................................................................................................................. 15 4.1 General Approach....................................................................................................... 15 4.2 Limitations.................................................................................................................. 16 5 Country Overviews ....................................................................................................... 17 5.1 Eastern Democratic Republic of Congo ..................................................................... 17 5.2 South Sudan................................................................................................................ 28 5.3 Uganda........................................................................................................................ 31 5.4 Kenya.......................................................................................................................... 36 5.5 Rwanda ....................................................................................................................... 40 5.6 Burundi ....................................................................................................................... 44 6 Trade .............................................................................................................................. 47 6.1 General View .............................................................................................................. 47 6.2 Detailed Trade Routes ................................................................................................ 47 6.3 And beyond the Bordering Countries? ....................................................................... 54 7 The Impacts of the Timber Trade on Poverty in East DRC ..................................... 57 7.1 Map of Key Players .................................................................................................... 57 7.2 Assessing the Economic Contribution of Timber Production and Trade ................... 61 7.3 Implications of the Timber Trade for Local Communities......................................... 64 8 Conclusions and Recommendations ............................................................................ 68 References .............................................................................................................................. 75 Front cover photo: With thanks to Madira Davidson, Green Solutions FIS Ltd, 2007 Page | 5 Tables Table 1: Number of logging companies, wood volumes extracted, and area of forest logged per district in the Ituri forests, eastern DRC (2004-2006). ............................................. 18 Table 2 Number of logging companies and traders, destination of timber (in volumes), legal status, and production volume of timber extracted in the Ituri Forests, eastern DRC, between 2004 and 2006. ................................................................................................. 22 Table 3: Export value and timber volume per production type (2004, 2005, and first quarter of 2006). .............................................................................................................................. 22 Table 4 Concession area allocated, wood extraction volume, and export destination for ENRA, in 2005 and 2006................................................................................................ 24 Table 5 Main taxes and taxable entities – DRC logging operations........................................ 25 Table 6 Main taxes and taxable entities – DRC transportation and local sale......................... 26 Table 7 Main taxes and taxable entities – DRC exports.......................................................... 27 Table 8 Value of timber imports from Sudan by destination, for 2005. .................................. 30 Table 9 Value of Ugandan imports of timber from DRC and Sudan (2002-2005). ................ 33 Table 10 Undervaluation of 12”× 2” Mahogany Timber at URA and DFO. .......................... 34 Table 11 Taxes and Taxing Entities – Uganda Imports (US$). ............................................... 35 Table 12 Kenya’s imports of sawn timber and regional exports of timber in various forms for 2005. ............................................................................................................................... 37 Table 13 Taxes and taxable entities – Kenya imports. ............................................................ 39 Table 14 Rwandan customs taxes and duties in 2007. ............................................................ 41 Table 15 Rwandan vehicle entry taxes in 2007. ...................................................................... 41 Table 16 Registered imports of wood products (in m3) into Rwanda. .................................... 42 Table 17 Annual imports of sawn wood into Rwanda from DRC . ........................................ 43 Table 18 Prices and cost for timber imported from Goma to Kigali in 2007. ......................... 44 Table 19 Prices and cost for timber imported from DRC to Bujumbura (Burundi) versus timber sourced in Burundi, in 2007. ............................................................................... 46 Table 20: Timber exports from DRC to Upper Great Lakes region in 2006. .......................... 47 Table 21 Exports of African Mahogany sawn timber by selected African countries (2004). . 55 Table 22 Main international markets and prices of African Mahogany (March 2007). .......... 55 Table 23 India’s imports of timber from the Great Lakes region, 2005. ................................. 55 Table 24 United Arab Emirates’ imports of timber from the Great Lakes region, 2004......... 56 Table 25 Map of players involved in the timber supply chain, Great Lakes region, CentralAfrica……………………………………………………………………………59 Table 26 The Steps in value added to timber .......................................................................... 62 Table 27 (a) Total Value Added (TVA) and Other Value Added (OVA) along various steps of the timber supply chain, by country; (b) TVA and OVA along the timber supply chain, by country: steps 1,2,3 relate to DRC, and step 4 to the importer country. ................... 63 Figures Figure 1 Recorded imports of sawn timber (HS4407) from DRC by Kenya, 2001-2005. ...... 37 Figure 2: Timber production and trade routes in the Upper Great Lakes Region, Central Africa. ............................................................................................................................. 48 Figure 3: Regional timber production and trade routes ........................................................... 49 Figure 4: Regional timber production and trade routes ........................................................... 53 Page | 6 1 Executive summary This report focuses on the trade in timber produced in the eastern DRC and Southern Sudan 1 and traded with neighbouring countries, examining the trade patterns and players involved. The objective of the study is to identify what actions can be taken in order to improve the contribution of trade to the stability and economic development of the region. This study should be considered against the backdrop of weak governance and very low levels of capacity within the DRC itself and neighbouring countries to licence and monitor production of timber, monitor trade, collect data on trade volumes, timber species and value for both forest management and revenue collection purposes. An overview of the timber trade volumes and routes was compiled through field work, which involved discussions with traders, transporters, forestry officials and local communities that depend on the forest, together with the collection of data at border crossings and at five main markets in DRC and Uganda. It was concluded that almost all commercial timber exploitation in eastern DRC is nonindustrial logging using artisanal techniques such as pit sawing. Transport of the planks produced is by head load to the roadside and subsequently by truck to the local markets or to the border. Commercial cutting and trade in eastern DRC forests is heavily focused on a few particular high-value species, notably African mahogany (Entandrophragma sp., known as Sapele, or Libuyu) and African teak (Milicia excelsa, formerly Chlorophora excelsa, also known as Iroko). A large proportion of the high-value commercially harvested timber is exported in the form of rough-sawn un-dried planks (around 95%), with little or no value added. Most of the timber is exported from eastern DRC to Kenya and Uganda in approximately equal share, and is consumed in the cities of Kampala and Nairobi. This research revealed that approximately 50,000 m3 of timber are exported each year from eastern DRC, and that almost all of it is consumed in Uganda and Kenya. It was estimated that in order to generate this volume, approximately 250,000 m3 of standing volume 2 must be being cut each year in eastern DRC forests. Most of the timber is sourced from three main areas: 1) The Ituri forests around Mambasa, 2) Riverine forests further to the north-east of the country, and 3) Closed forests around Walikale (Goma) and Itombwe (Bukavu). The lack of equipment is currently restricting the scale of cutting in closed forests in eastern DRC to within a limited distance of established roads. Where equipment is available it continues to be provided or pre-financed by predominantly Ugandan negociants, or merchants. Supplies of easily accessible major commercial species are increasingly scarce and farther away from the border, leading to price increases. Logistics for producers and traders are also difficult. While harvesting fees and official export taxes in eastern DRC are relatively low, other official and unofficial taxes to cut, transport, and export or import timber are considerable. 1 Timber production in Southern Sudan however is minimal and consequently this area does not figure greatly in the results of the study. 2 A typical conversion rate used internationally for tropical sawn timber to round wood equivalent is × 1.8 (equivalent of 56% recovery rate). This means 90,000 m3 of standing volume yields 45-50,000 m3 of sawn timber. In fact, the 1.8 conversion rate is based on use of industrial harvesting and cutting techniques; while we were told by local sources that recovery rate for timber being cut in eastern DRC using artisanal methods could be as low as 20%. If this rate is used, it gives the much higher cutting estimate of around 250,000 m3. Page | 7 Almost all of the value which remains in Congo is retained by military and government officials. Better regulation and tax collection on trade could enhance revenues to the State, but in themselves could, if unduly high, actually reduce the net ‘margins’ on the trade and leave even less revenue for communities engaged in the supply chain. The trade does generate some employment for different groups, almost exclusively men on the production side while some women are involved in the sale and marketing side of the trade, though no statistics are available. Outside of the employment income it is clear that there are little or no returns to local communities. The anarchic exploitation of forest resources leads to a qualitative and quantitative deterioration of forest resources. Considering the value and nature of the resource, as well as perceived rights of ownership, the continued supply to the trade under current practices is eliminating alternative future development options. There is some evidence that unofficial taxes on timber continue to fund armed groups in eastern DRC. In conclusion, it is clear that trade in the DRC’s natural resources has a role to play in poverty alleviation. However, presently those players with personal interests and a strong influence on policies and institutions ensure that the current systems are kept in place. The current situation is thus responsible for numerous conflicts, and all the while the local communities are pushed to one side. It would appear that the poverty suffered by communities which still depend largely on the forest resources will not be alleviated to any significant degree, if at all, by the timber trade. It remains essential that timber sector and trade reforms take place urgently given the currently unsustainable rates and inequitable nature of exploitation of the forest resource base and distribution of the ensuing benefits. Handled properly, trade in timber could become a pillar for peace and stability. On the other hand, attempts to expand the trade before adequate measures to control it have been put in place may instead serve to compound existing problems of illegality, unsustainability and inequity. In this context, any and all caution exercised now will benefit the country, the region and the global environment as a whole. It is critical that the levers for reform are used in the correct order. If the basis for the current trade in timber or any other resource is inequitable there seems little point in improving conditions for that trade, such as better transport routes, and quicker border crossing times. These initiatives will simply entrench current inequalities, corrupt or failing systems and may not contribute to poverty alleviation. A suite of measures therefore needs to be applied in order to increase the forest sector’s contribution to local development: • Detailed analysis of the legal framework for both forest resource allocation in relevant provinces of DRC and trade, taxation and regulation, to identify areas where improvements and clarification are required to provide the right incentives for sustainable and equitable resource use. • Action based on the research above to clarify and complete the legal framework for timber production and trade, including: o A clear legally based, and equitable allocation of rights to control, and harvest forest resources at the community level; o Clearly defined land use planning and forest management objectives at the provincial and district level; o Procedures for regulating and verifying production to supply the trade. o Simplification of the taxation and trade regime; Page | 8 • • • Dissemination of information on established (improved) procedures governing production and trade among: o Traders, processors and exporters; o Relevant departmental officials, especially tax authorities and criminal investigators concerned with forest and timber trade, customs authorities; o Communities and other resource owners. Increased cross-border cooperation between DRC and Uganda and other border countries as well as Uganda and Southern Sudan through: o Engaging the relevant government bodies to develop mutually recognised legality standards for timber export/import; o Cooperation in the design and processing of customs forms and paperwork – drawing on other international models from COMESA countries; o Promotion of basic procurement and chain of custody standards, which commit the major buyers of timber (both state and private) to procure timber only from ‘non-controversial’ 3 sources, and in turn oblige their suppliers to demonstrate that such standards have been met; Improving application and respect for existing legal and procedural mechanisms by: o Increasing the role of MONUC in maintaining border security; o Implementing external monitoring and support programmes for major border crossings within a security envelope where necessary. It is unquestionable that the State machinery needs to be improved and that taxes and other fees have to be collected more systematically, but there is also a need to ‘regularise’ the situation of the millions of people currently living in the areas of timber production, especially in the case of forests. Without secure tenure over forest resources, and in absence of the right incentives, local people are not going to invest in sustainable forest management. Without a functioning State apparatus to develop and enforce the currently weak forest legislation, local people are not going to be motivated to defend these resources for long term development. This situation results in the trade being supplied with timber from unsustainably managed sources and delivers poor returns to both the State and local people. 3 ‘Non-controversial’ here is used in reference to the FSC non-certified controlled wood standard. Page | 9 2 Introduction The current study was undertaken within the context of the UK Department for International Development’s (DFID) programme on the trade in natural resources from the DRC. The programme is based on the premise that the country cannot derive value from natural resources until they are sold on international markets in a regulated and transparent way. As part of a consortium of NGOs, Forests Monitor evaluated the timber trade in the Upper Great Lakes region 4 , and assessed how it can be influenced to improve governance over timber resources. Other members of the consortium are the POLE Institute, INICA and PACT, who are dealing with mining in the region. This study focuses on trade between eastern DRC and nearby countries: South Sudan, Rwanda, Burundi, Uganda and Kenya. It attempts to assess official timber production – that which is catalogued in official documents 5 – as well as informal production and trade figures, and the level of ‘artisanal’ timber production in eastern DRC 6 . The study further distinguishes between ‘informal’ and ‘illegal’ logging, based on the fact that certain government services record not just the volumes of timber crossing the borders legally but also the volumes of timber intercepted while trying to cross borders illegally. Thus the figures presented include both legal and illegal volumes. The volume of illegal timber is sometimes twice that for legal timber 7 (FRCF Beni in 2004). This report is made up of 6 parts. Chapter 3 describes how natural resources are used in a conflict zone and the political associations between countries in the Great Lakes region, Chapter 4 describes the methodology used, Chapter 5 outlines the timber trade country-bycountry, including the production zones, volumes, taxation and export procedures. Chapter 6 summarises the various routes for exporting timber out of eastern DRC to bordering countries (South Sudan, Uganda, Rwanda and Burundi) and the international connections. How poverty and conflict impact of DRC’s timber trade is summarised in Chapter 7, which includes a presentation of the key players and the economic, social and environmental gains for each of these. Recommendations and conclusions are provided at the end of the document. 4 Including eastern DRC, Uganda, South Sudan, Kenya, Rwanda and Burundi. Several government departments keep statistics on illegal trade! 6 In fact several research studies have looked at DRC timber production linked to concession systems, but to our knowledge none cover the much more ‘informal’ – or artisanal – pitsaw production method. 7 In this case, financial losses amount to US$36,180 for 1,836 m3 intercepted during illegal transportation. For its part, the NFA intercepts around 2,500 m3 annually, or 5% of officially recorded timber movements. 5 Page | 10 3 Context of the study 3.1 Poverty Alleviation and Natural Resources Trade Africa is the only continent to have grown poorer in the last 25 years (Commission for Africa, 2004) and is plagued with more conflicts than any continent 8 , many of which are tied to the trade in natural resources 9 . Corruption costs the continent US$ 148 billion dollars per year (African Union) and poor accountability for natural resources is a symptom of poor governance (Africa Commission). Every year, US$ 10-15 billion are lost globally through illegal logging (World Bank). In DRC, industrial logging has contributed little to poverty alleviation (World Bank, 2006). Furthermore, illegal logging has fed into regional conflict and played a detrimental role in DRC and the region’s social and economic development 10 . Weak governance and conflict render the sustainable management of DRC’s forests a distant goal. The Government of DRC recognises that forestry activities develop mainly through unofficial channels (Ministry of Planning, 2000). The principal logging areas in DRC are Orientale, Equateur and Bandundu provinces, from which companies are exporting timber westwards via the river systems, the Central African Republic (CAR), and Cameroon (FERN, 2006). Timber movement in the eastern DRC however - North and South Kivu, the east of Orientale - differs from the rest of the DRC 11 because it is eastwards, to and through the countries of East Africa. The majority of the timber in eastern DRC is exported over land to Burundi, Rwanda, Uganda Sudan, and Kenya, for use in the construction and furniture sectors. In turn, eastern DRC imports machinery, fuel and other inputs from its eastern neighbours. 3.2 Forests and Conflict in the Great Lakes Region The African Great Lakes is a region where conflict, instability and structural violence have long been interlinked with the natural resource sector. This relationship is set against a landscape beset by corruption, porous borders and weak government, which serve to undercut legitimate trade and undermine peace and sustainable economic development. Forests and conflict are often entwined 12 , forests represent a strategic and economic incentive for war, and forest dwellers are not protected or included in development initiatives (FAO, 2005, 2007). In the forestry sector, this is compounded by flawed policies and a government infrastructure that serves to facilitate illegal logging, fraud and conflict. 8 The Heidelberg Institute for International Conflict Research estimates that in 2006, sub-Saharan Africa witnessed seventy-four political conflicts of which two were wars, thirteen were severe crises and fifteen were on a high level of violence (HIIK, 2006). 9 Some examples include Angola; Liberia; Sierra Leone; the Nigerian Delta; Sudan; the Democratic Republic of the Congo and Congo Brazzaville. 10 Various reports including those issued by Rainforest Foundation et al. (2005) and Greenpeace (2007). 11 A general description of the DRC’s timber sector is provided on the forests Monitor website. See http://www.forestsmonitor.org/en/Timber_in_E_DRC_and_S_Sudan 12 FAO cites the following countries as having conflict and forests in common: Angola, Bangladesh, Bosnia and Herzegovina, Cambodia, Central African Republic, Colombia, the Congo, Côte d’Ivoire, the Democratic Republic of the Congo, Guatemala, India, Indonesia, Liberia, Mexico, Mozambique, Myanmar, Nepal, Nicaragua, Pakistan, Peru, the Philippines, Rwanda, Senegal, Sierra Leone, Solomon Islands, Sri Lanka, the Sudan, Suriname and Uganda. Page | 11 In eastern DRC timber extraction decreased during the conflict, mainly due to poor transport networks. Nevertheless, rebel groups managed to extract timber near transport systems and to export most of the timber to neighbouring countries and to Europe or South-East Asia, through Kenya’s Mombasa port (ARD, 2003). Timber from the Ituri district has recently been traded with Uganda in exchange for arms and ammunition (UN, July 2006). In 2005, the International Court of Justice found that Uganda, which imported the greatest amount of eastern DRC’s timber, was responsible for plundering DRC’s natural resources, including timber, and for committing human rights abuses against the Congolese during the war. Numerous other reports have highlighted the role of natural resources in conflict and instability (UN, July 2006). Today, eastern DRC’s lack of transport networks makes it easy for national, Ugandan and Rwandan armed groups to enter the forested areas with relative impunity: the majority of Uganda’s Lord’s Resistance Army (LRA) are now in South Sudan and eastern DRC, which also currently has between 8,000 and 9,000 Ugandan and Rwandan rebels within its borders together with 5,000 to 8,000 Congolese militia (International Crisis Group, 2007). The trade in conflict products, including timber, is therefore able to exist because there is a demand for the products and no adequate controls to hinder their import. In order to curb the destructive correlation between poverty, conflict and resources, the sources of regional and international demand must ensure that goods imported are not contributing to poverty and conflict. However, importing countries’ trade policies often work against producer countries and in order to change this negative relationship, importing countries must commit to breaking this trend and changing their own trade policies. Given the endemic ties between resources, corruption and conflict in the upper Great Lakes region, comprehensive steps must first be taken to ensure that forests will not be exploited or mismanaged to the detriment of local communities and the environment, before increasing the economic activity in the area. This means looking at the overall development situation and applying the levers for reform in the right order. Generally there are governance problems that impact on forestry rather than forest governance problems. This means weight should be thrown not only behind efforts to achieve wider accountability and equity in decisions that affect those concerned, but also behind efforts that recognise the key advantages and “levers” that the forest sector has in contributing to that wider reform. From the perspective of forests and forestry one could argue that getting the right sequence in governance improvements is vital, and that for example work must be done to secure land tenure to ensure land-users are encouraged to collaborate with each other or the State. Equally it is clear that the land and resource allocation process is as important as any of the resulting allocation arrangements (Forest Governance Learning Group, IIED, Dec 2004). 3.3 Regional Political Relations Until very recently, political relations in the Great Lakes region have been poor, particularly between the DRC and Rwanda and Uganda 13 . There have been long-standing allegations of Congolese support for Rwandan and Ugandan rebel groups based in eastern DRC, while Rwanda and Uganda have mounted military interventions into the DRC in both 1996, primarily to oust President Mobutu Sese Seko, and 1998, during Africa’s ‘first world war’. 13 An overview of sub-regional conflicts is provided on the Forests Monitor website, see http://www.forestsmonitor.org/en/Timber_in_E_DRC_and_S_Sudan. Page | 12 Many of the actors in the war in DRC in the late 1990s were motivated by a desire to control the country’s natural resources. In a series of reports between 2000 and October 2003, the UNSC Experts Panel for DRC concluded that mineral exploitation was funding the warring factions. Rwandan, Ugandan, and Zimbabwean army officers as well as the Congolese elite grew rich from the war (Van Woudenberg, 2006). LRA activities in South Sudan and eastern DRC have also heightened tensions with Uganda. Relations in the region have improved in recent years, but remain fragile. For example, Rwanda has offered to assist the DRC in facilitating negotiations with Laurent Nkunda in North Kivu, which is believed to be a sign of Rwanda’s commitment to the Pact on Security, Stability and Development in the Great Lakes Region (PSSDGLR), signed in Nairobi in December 2006 14 . However, there are concerns that instability in the DRC, as witnessed by the clash between government military forces and opposition militias in Kinshasa in midMarch 2007, could undermine its regional commitments established at the 2nd International Conference on the Great Lakes and the Tripartite Plus One Joint Commission. The risk includes a failure to implement security commitments in eastern DRC, or to fulfil regional economic and infrastructure integration planning (GLCSS, 2007). It has been recommended that engagement with the UN’s new Peace Building Commission (PBC)15 may not only consolidate the political, economic and security processes in post-electoral Congo, but also assist and co-ordinate international support for DRC. Furthermore, it has been suggested that the UNSC should mandate MONUC to consult with key members of the international community engaged in the region – notably its five permanent members, as well as Belgium, South Africa, Angola, the EU and the AU, and the new Congolese institutions – in order to establish and implement an international mechanism that would foster stability and consolidate democracy in Congo. At the same time MONUC has been encouraged to promote dialogue and support implementation of joint policies and regional agreements between the governments of DRC, Uganda and Rwanda, notably in relation to the disarmament, demobilisation and reintegration (DDR) of foreign-armed groups in the region (GLCSS, 2007). Trade between Southern Sudan and Uganda is expected to double in 2007 when, following the signing of a trade co-operation agreement, Uganda opens a trade centre in Juba to assist trade co-ordination with Sudan. At present there is no formal trade agreement between the two countries. However, a sizeable Ugandan workforce of approximately 5,000 is present in Southern Sudan (Nakkazzi, 2007). On 09 February 2007, Rwanda and the Government of South Sudan signed a co-operation agreement aimed at strengthening bilateral relations. GoSS Minister of Regional Cooperation, Benjamin Barnaba Marial, said that South Sudan, a growing economy, still relied on petty trade to boost its economy and that GoSS intended to construct an oil refinery in Southern Sudan (Kazooba, 2007). Uganda is expected to benefit greatly from the enlargement of the East African Community. Exports to regional neighbours are primarily agricultural products. Trade between Uganda and COMESA States has doubled in the last five years and is expected to improve. Uganda’s biggest export markets are Kenya and the DRC, where trade has grown from US$ 9 m to US$ 60 m per annum. Since January 2005 and the signing of the peace agreement between the Khartoum Government and the SPLA/M, exports to Southern Sudan have increased. This was also assisted in part by the withdrawal of the LRA rebels from South Sudan (GLCSS, 2007). 14 Commentators at the time said that the December 2006 Nairobi conference was the result of a growing awareness of the need for regional approaches towards sustainable peace in the region (People’s Daily Online, December 2006). 15 Created in December 2005, the PBC is a joint commission comprising current and potential donors, including the World Bank, the EU, the AU, UN specialised agencies, bilateral donors and civil society. Page | 13 Approximately 34% of Rwanda’s imports originate in Africa, 90% of which are from COMESA countries. Exports continue to lag far behind imports. Rwanda’s landlocked location necessitates heavy highway infrastructure maintenance, and good transport linkages to neighbouring countries, especially Uganda and Tanzania, are critical, though transportation costs remain high and, therefore, burden import and export costs. Page | 14 4 Methodology 4.1 General Approach The aim of this study is to better understand how the timber trade is organised in the Great Lakes region, by investigating: 1. The production and sale of timber in eastern DRC, together with their impacts on poverty reduction at the local level. Impacts can be positive, such as the economic spin-offs for local communities and the development of producer and trader networks such as APENB and the Confédération du Monde des Artisans. Impacts can also be negative, for example the use of timber revenues to finance conflict, and the nonapplication of forestry policies. 2. The contribution that timber production and sale make to the regional economy. More specifically, this study provides: • • • An analysis of the nature and vitality of the timber markets and commercial transactions at the regional and international levels, as well as the impacts on local development; A ‘knowledge base’ of the stakeholders in timber production and trade, including how they are organised and their relational strategies; A general understanding of the timber trade in relation to its economic and political context, as well as on current laws and existing institutional mechanisms, in order to suggest ways of improving them. The principal aim of this study is to recommend a set of integrated policies to increase the contribution of the timber trade to regional sustainable development. This study uses a multidisciplinary approach - comprising socio-economics and politics - to analyse the linkages between local, regional and international scales of intervention. Partners based in the Great Lakes Region, together with international consultants were mobilised to carry out desk reviews, field observations, and hold semi-structured meetings with various stakeholders (government and administrative representatives; local and customary authorities; companies associated with timber extraction, processing and commercialisation; and member of the civil society), as well as collect and analyse data on forests and taxes. With the agreement of the DFID in December 2006, Forests Monitor (FM) proceeded as follows: - January: First Ugandan and DRC field trip; launch workshop with local CREF Network partner; commence field investigations in DRC; - February: Second field visit to Uganda and launch of field investigations by local partner, Green Solutions; - March: Third field visit to DRC and finalisation of analysis by the CREF Network; - April: Return of all partner reports and analysis by FM. Page | 15 4.2 Limitations Given the limited time available to conduct the study, focus was centred on: - Natural forests: timber demand is currently met from natural forests, not plantations; - Wood in its commercial context: this study did not look at non-timber forest products, fuel wood or charcoal, although the latter constitutes the greatest proportion of woody biomass consumption. The size and production volume of the fuel wood and charcoal sector in eastern DRC is not well known, but they are probably larger than those for the timber sector (formal and informal), as this is the pattern observed for the country as a whole. It is also likely that the wood and charcoal sub sector employs many more people than the timber sector. There is no direct competition between the timber, fuel wood and charcoal sectors, as the latter concentrates on different wood species, namely Tuna, Albiziya and Nyarwire (CREF, 2007). Nevertheless the enormous demand for fuel wood and charcoal probably exerts a strong pressure on the resource base shared with the timber sector. The wood and charcoal sub-sector merits its own study, but we present some general data on the Forests monitor Website (http://www.forestsmonitor.org). In addition, the trade transactions recorded by government officials only give a partial overview of the timber trade, because: 1. There is much local trade in timber that is never subject to official documentation; 2. In some Districts, traders are not sending their duplicate copies of declarations/figures to the headquarters at the Provincial level 16 ; 3. There is a considerable amount of illegal harvesting and trade that has no official documents; 4. Even when there are official figures on trade transactions, timber volumes are often under-stated; 5. The most recent figures seem to be better kept and/or administrations find it easier to locate them. For this reason, all the statistics and estimates listed in this document should be treated with caution; the degree of variation between the various official and unofficial sources is such that the cross-checking of sources always proves difficult. 16 This laxity of reporting indicates many problems that need to be addressed in the future. Page | 16 5 Country Overviews 5.1 Eastern Democratic Republic of Congo 5.1.1 History of Forestry Legislation and Timber Trade When war broke out in 1996, timber concessions in central and western DRC were producing large amounts of valuable Afromosia and African mahogany wood, which was exported via the Congo River to the west. Only a few thousand cubic metres of commercial timber was sourced from eastern DRC and exported via the Great Lakes, mainly by a Belgian company called ENRA. During the war most companies in central and western DRC closed their operations. Meanwhile, rebel groups and occupying armies began extracting timber from eastern DRC, and exporting it through the Great Lakes. Since the transition to peace, timber export to the west has risen again. Occupying armies have withdrawn from eastern DRC, but rebel groups may still fund their operations through the sale of timber. In 2002, the DRC government developed the Forest Code and introduced a moratorium on issuing new concessions, or granting extensions and renewals, until a legal review of existing concessions was completed. Nevertheless, one quarter of the country’s rainforest is still locked in concession agreements 17 . The Forest Code makes reference to local populations, but stakeholders, particularly local communities and civil society organisations, have had a minimal role in further development of these forest policies. Forests and Forestry in Eastern DRC The forests in eastern DRC are located in the provinces of North and South Kivu and the north-eastern part of Orientale province, and they have been heavily exploited over the past ten years. Now almost all of the area either side of the Beni-Mambasa road as far as Teturi, 70 km to the north, has already been logged at least three times over. Many small-scale logging companies have been forced to migrate north to Mambasa and Irumu districts in Orientale. The most important forest resources, accounting for 80% of timber exports from eastern DRC, are now in Ituri close to Mambasa, and further north. • • Mambasa (Orientale) is heavily exploited already: most of the production comes from Biakato, Lwemba, Teturi and km 26 18 . The centres of production are based along the Beni-Mambasa road, timber is transported to Beni. Beni’s (North Kivu) most extraction is situated around Mabalako forest (50%), Mamove forest near Oicha (40%) and Erengeti (10%) 19 . Some forests remain in the Lubero and 17 Recent Greenpeace investigations have revealed that permits covering 294,000 ha of forest were awarded in contravention of the moratorium. Illustrating comparable setbacks is the fact that the operating company, Industrie de Transformation de Bois (ITB) is operating without a forest management plan and without the oversight of forestry officials designated to monitor logging operations. The fact that the timber has been exported to France, Belgium and Italy further indicates that the lack of supervision reaches across the chain of custody (Greenpeace, 2007). 18 Km 26 is a logging junction along the Beni Mambasa road. Page | 17 • Beni areas. Timber extraction also occurs in the Watalinga forest on the Ugandan side of the border 20 . Irumu (Orientale) is exploited less although this is likely to increase due to the recent restoration of the Beni-Mambasa road 21 . Eighty per cent of the timber extracted in Irumu is transported to Beni and 20% to Bunia. Table 1 Number of logging companies, wood volumes extracted, and area of forest logged per district in the Ituri forests, eastern DRC (2004-2006). Year 2004 District 2005 2006 Logging Wood Area (ha) Logging Wood companies volume companies volume (m3) (m3) Area (ha) Logging Wood companies volume (m3) Mambasa 70a 4,311 a 14,055 a 75 a 667 9,050 15 b Beni 50 a 2,849 6,335 a 50 a 570 a 6,800 51 a a a a a 5,080 Irumu 25 800 a 3,300 53 2,070 Area (ha) 6,000 2,865 b Sources: ECNEF Beni, FOPRADI, ECNEF Mambasa. There are only 15 forest logging companies registered with ECNEF in Mambasa, despite the fact this is the zone with the highest levels of timber extraction in eastern DRC. In addition, of these 15 companies, five have documents which are fully in order, six have documents that are ‘partly in order’, and four have local cutting rights (documents issued by local leaders and village chiefs). The Great Lakes Human Rights Program (GLHRP, 2006) estimates the level of undeclared timber cutting at 25%. The number of logging companies recorded today has dropped significantly since 1998. The regions below provide the remaining 20% of timber exports from eastern DRC: • Walikale - Kahuzi Biega forest area: Includes the forests along the road Walikale – Bukavu, plus the forests of Kabale and Kahuzi-Biega National Park west of Bukavu (Fig. 4). The main source of timber within this broad area has traditionally been the Walikale road zone. Logging began in this area close to the where the road joins the main Bukavu-Goma route, but the accessible, highvalue species are now found only to the north of the town of Hombo. Walikale still has a significant reserve of timber. Logging is at present constrained in the east by armed bands and by logistical difficulties, though the latter will soon be greatly reduced by the forthcoming opening of the Masisi-Walikale road. Cutting and trade in timber from this area may increase dramatically in the future when the road opens, particularly if the security situation further stabilises. 19 Some forests occupying the Lubero territory were cleared to establish grazing areas, farms and field-sourced wood (Ministry of Planning, 2000). 20 Before February 2007, no transport route existed towards Beni, but now a bridge has been rebuilt and the road restored. It is apparent that with the improved road infrastructure there has been a significant increase in the exploitation and subsequent trade in timber with Uganda. 21 The next zone likely to be exploited is the Bafwasende region in the Orientale Province. Page | 18 • Itombwe forest area: Is located in South Kivu (Figure 4), and exploitation is the highest in the Mwenga District, Fizi, and Uvira. It is 3,680 km2, and was made a Nature Reserve under Ministerial Decree 038/CAB/MIN/ECN-EF/2006 22 . Itwombe is occupied by armed bands, and logging is carried out with manual felling and pitsawing methods. Eastern DRC is experiencing strong pressure from small-scale forest sector activities, and there is currently just one industrial concession, to a company called ENRA. The network of national parks and forest reserves 23 suffers from illegal encroachment, poaching, timber harvesting, and firewood collection. Further sources of human pressure include the influx of Rwandan refugees, population growth (FAO, OGP, 2006), population displacement (Ministry of Planning, 2006), and the demand for timber for construction. Local populations practice a subsistence economy, their average annual revenue being less than US$ 400 per inhabitant (Igumba Mussa, 2004). The forest peoples hunt game for meat, as trophies, and to sell live at markets; they farm, practicing slash-and-burn agriculture and agropastoralism; carry out small-scale mineral extraction, which prior to 2000 comprised gold at low altitude, coltan at higher altitudes, cassiterite; and extract wood for house building, sale to urban populations, for charcoal production and for fuel. They also gather various nontimber forest products such as honey, medicinal plants, and mushrooms. In 2004, research carried out by Igumba Mussa showed that 43% of the population admitted accessing the Kahuzi-Biega Park fraudulently. Eastern DRC’s network of national parks and forest reserves has suffered considerably from illegal encroachment, poaching and timber harvesting and firewood collection in recent years. A survey of national parks in North and South Kivu conducted in 1994 concluded that Virunga National Park had suffered massive deforestation and timber removal, mostly for charcoal and firewood. In 2004, research carried out by Igumba Mussa found that 43 of the local populations admitted to illegally entering Kahuzi-Biega national park. Local Authorities readily acknowledge the frequent violations that occur in protected areas, including the harvesting of wood for cooking and construction, and clearance of forests for agriculture. According to the Government, “massive deforestation and tree clearance [is happening] in the Virunga National Park, with all the associated ecological and tourismrelated consequences one would expect” (Ministry of Planning, 2006). Since 1994, this high level of human pressure was heightened further by the influx of Rwandan refugees and the ravages of various wars. This has been compounded by high rates of population growth (FAO; OGP, 2006.) and high level of population displacement (Ministry of Planning, 2006). The demand for construction timber is very high from urban centres such as Bukavu, Goma and Beni. Southern Kivu is supplied by Rwanda and Burundi while North Kivu would appear to receive more localised supplies from plantations in the Masisi, Lubero and Rutshuru territories. 22 The Decree would appear to have been signed by the Minister, and not by the President, rendering it null and void. 23 In Southern Kivu, the Virunga National Park covers a surface area of 17,000 ha, with 13,000 ha of hunting grounds and 100,000 ha of game reserve. In the Northern Kivu province, the Virunga National Park covers a surface area of 741,000 ha, the Kahuzi-Biega National Park in the Walikale territory covers 148,000 ha, and the Maiko National Park covers 108,000 ha in the Lubero territory (ICCN; Ministry of Planning, 2000). Page | 19 5.1.2 Timber Extraction and Processing ENRA - Beni is the only company in eastern DRC exploiting an official forestry concession. The majority of cutting for export is artisanal, and there are three major classes of operators: - The independents, who have their own forestry tools that they rent during the agricultural season; - The contractors (including religious institutions) who hire pitsawyers and/or ‘chainsaw operators’; - The pitsawyer cooperatives and associations, which work together to buy production tools and/or to remove logs more easily. Forest exploitation should not proceed without a permit from the customary chief, notables and other eligible parties (land chiefs), usually given in exchange for money and a gift in kind. Selective cutting is the norm, with the largest diameter trees of the most valued species targeted first. Only three species are exported in significant volumes: 1) African mahogany (Entandrophragma sp.) known in DRC as Libuya and in international trade as Sapele, Punga or African Mahogany, 2) Muvule (Milicia excelsa) formerly Chlorophora excelsa, known in international trade as Iroko or African Teak, and 3) Linzo (Khaya anthotheca) known internationally as Acajou. The trees are cut into balks and timber boards in the forest itself, using modified chainsaws, which results in losses of 15-20% of the harvested wood volume. The chainsaw operators are usually Ugandan, while the manual labourers are local Congolese. Timber boards are and transported by foot or bicycle to the nearest road by young men called ‘bombeurs’. Apart from these bombeurs, the local communities are hardly involved in the timber sector at all (GLHR, 2006). The operator can subsequently rent a vehicle and transport the timber himself to sell it, or he sells the timber at the roadside to an intermediary. Local traders provide chainsaws and fuel, and each trader may control one or two teams. Until recently, many Ugandan traders would travel to the source areas and manage the cutting and transport to the border themselves. Now increasingly the Ugandan traders are instead allowing local Congolese entrepreneurs to handle this side of things, though the Ugandan traders continue to provide financing and equipment, including chainsaws, fuel and jacks. Rwandan traders bringing timber in through Goma conduct a similar system of pre-financing. Though much of the timber is pre-purchased by the traders who provide the financing, there are also a number of independent operators who bring timber to the border and sell it there speculatively. Two types of trade flows out of eastern DRC are thus possible: the timber is exported eastwards via Bunia in Kasindi, or via Rutshuru in Goma; or is used locally by small timber processing companies to produce furniture and other products. These furniture companies do not produce for the export market. Depending on the quality of the wood, the timber may be sold as sticks, timber boards, panels, beams, balks, planks or rafters; timber boards and panels are sold mainly in Goma’s markets (there is an increase in demand due to housing construction and furniture manufacture). Most timber traded across the border from DRC is in the form of un-dried, rough-sawn hardwood boards or planks (OFIDA; ECNEF; FRCF), due to the lack of processing facilities Page | 20 in eastern DRC, and higher Customs duties. OFIDA’s statistics for 2006 show that 67% of all exported timber was as rough timber, whereas ECNEF Mambasa reports this as 71% and the FRCF 83%. However, it should be emphasised that Customs duties are higher for finished products than for rough wood. Current processing methods to convert wood to make boards and planks results in wood recovery rates as low as 15-20%. The rough hardwood boards and planks traded across the border come in standard 14 foot lengths; most are 12 by 2 inches in cross section. They are sawn in the forest at the point of harvesting, dragged or carried by bicycle to the nearest road, and then trucked to the border. A small percentage of larger squared beams of up to 12” by 12” are also traded; buying the timber this way results in less wastage during subsequent processing, but include the additional logistical problems for transport out of the forest. Special equipment such as Tanganyika jacks are required. When the trees are processed in the forest, any timbers of less than 14 feet in length are discarded, as are pieces of less than 4 inches in width; chainsawing or pitsawing the timber further wastes up to 10% more wood than cutting it in properly equipped sawmills. As a result, recovery rates can be as low as 15-20%. 5.1.3 Current Exports of Timber from DRC Trade is focused on west and north-west Uganda. Detailed trade routes are provided in section 6.2. Most of the timber entering Uganda in the west comes through Mpondwe, and is sourced in the closed forests to the north of Beni near Mambasa. The timber entering Uganda in the north-west is mostly sourced from the riverine forests in far North East Congo, and the main entry points are Lia and Paidha. There is very little local demand in the Ugandan border areas for the high value timbers brought in from DRC (most locally used wood is cheaper plantation grown softwood, or lower quality hardwoods), and almost all of the timber is trucked to Kampala for processing or onward trade (CREF, 2007). According to various sources 24 75% of the timber logged in eastern DRC forests is exported to Kampala (Uganda), Kenya, Kigali (Rwanda) and to a lesser extent to Bujumbura (Burundi). Based on Forests Monitor’s and Reseau CREF’s field research, it is estimated that 41% of the timber entering Uganda is from Kasindi, 33% from the Arua region, 18% from Paidha-Mahagi, 4% from Bunia and 4% from Rutshuru 25 . The main export route passes through Kasindi on the DRC side to Mpondwe on the Ugandan side of the border, while a smaller border crossing on the northern slope of Mount Stanley passes through Watalinga on the DRC site to Bundibugyo on the Ugandan site of the border. Both border crossings link to the road to the Ugandan capital Kampala and from there to the Kenyan capital Nairobi. There are eight formal timber exporters active in Kasindi, and the most important are ENRA, Mrs. Kambale Khithamuliko and Mr. Mbumba. There are approximately 50 informal exporters transporting balks and planks into Uganda. A large proportion of the timber (between 75 and 85% according to different sources) exported through Kasindi is destined for Kenya. Much of the timber passing through Goma will be used for construction work in Gisenyi (ECNEF Goma). 24 Sources include traders, loggers, Forests Monitor, partner NGOs, consultants’ field work carried out during this project, and governmental agencies. See http://www.forestsmonitor.org/en/Timber_in_E_DRC_and_S_Sudan for specific details on this point. 25 It would seem that Goma exporters are generally not Congolese, unlike those of Beni (ECNEF Goma). Page | 21 Table 2 Number of logging companies and traders, destination of timber (in volumes), legal status, and production volume of timber extracted in the Ituri Forests, eastern DRC, between 2004 and 2006. Logging companies/traders 45 2007 (estimated)a 31 2006b Destination of timber (in % of total volume) 64.3% to Kasindi 25.6% to Goma 8% to Beni 2.1% other 83.5% to Uganda and Kenya 4.5 % to Goma 11.9% to Beni 0.1 % other Possession of official documents 93% without timber permits 82% with trading licences 65% without timber permits 45% with trading licences 20% with no official documents Wood production (m3) 2006c 2005d 2004 Estimate of sawn timber produced in Mambasa territories and arriving in Beni 656.7 over 1½ months (extrapolated) Total 5,253 m3 2,584 m3 legal 2,226 m3 illegal Total 4,810 m3 6,526 4,094 5,221 Around 20,000 Sources: a ECNEF LunaEtat 08/01 and 15/02/2007; b ECNEF Bella 2006; c APENB taken over 7½ months (1 April to 15 November) & extrapolated for whole year; d OFIDA, FOPRADI. The volume of timber exported has marginally increased on averge since 2004 (Table 2), and there is evidence that the volumes above are significantly underestimated (APENB). Officials acknowledge that “they have not been able to account for all the timber”, confirming the under-estimation of volumes produced and exported. In addition, huge variations between the various official sources exist. For example, in 2006, ECNEF Beni declared 3,090 m3 while for the same period FRCF declared 3,680 m3, the OFIDA declared 5,869 m3 and APENB 6,526 m3. The balance of trade for timber in the whole of DRC increased by 19.6% between June 2005 and June 2006 (Central Bank of the Congo; Table 3). Table 3 Export value and timber volume per production type (2004, 2005, and first quarter of 2006). Volume (m3) 2004 2005 1st quarter 2006 Logs 92,829 108,461 52,391 Sawn wood 34,616 30,062 11,857 Veneers 5,004 7,764 Total 132,449 146,287 64,248 Export value US$ 29.3 million US$ 45.4 million Source: Central Bank of the Congo. The Problem Surrounding the Kasindi/Mpondwe Market Before and during the war (1996-2002), timber passing into Uganda at the main KasindiMpondwe entry point was traded at the timber market in Lubiriha/Kasindi on the DRC side of the border. In 2006 this market was transferred to Mpondwe on the Ugandan side and has remained there ever since. The Congolese officials and citizens feel this has led to an increase in fraud, unemployment and theft. The Mpondwe market is enclosed within a barbed wire fence and the police maintain a constant presence. GLHRP state that this commerce is officially classified as Page | 22 ‘cross-border trading’ meaning that export tax is not payable, which in turn favours trade in wood, coffee and a whole range of foodstuffs (GLHRP, 2006). It is not clear what this special status of “cross border trading” means or what the benefits may be to different players. Timber traders would like to see the market return to the DRC, as they now have to deal with paying taxes to transport their timber to the market. In March 2007, a “timber conflict resolution meeting” was called in Kasese, Uganda by the Congolese Governor at the request of the Ugandan Resident District Commissioner of the Kasese district. Many key players in the business attended, including Kenyan and Congolese traders, a representative of the Governor of the Equateur Province and a Ugandan member of parliament, for Kasese the Honourable Kiyonga Crispus, who also doubles as Uganda’s Minister for Defence. In 2001, Mr Kiyonga was called as a witness at the Ugandan government’s judicial commission into the UN allegations of state-sponsored looting of natural resources from DRC. The subject matter was to reconcile differences of opinion on the location of the timber market. The Congolese wanted it re-located to their side of the border, arguing that despite the timber being harvested from their own forests, the Ugandan government and people were taking most of the benefits. However, Ugandan officials, businesses as well as local people urged the political and technical leaders to negotiate with their counterparts in Congo for the timber yard to remain in Uganda because moving the market would lead to job losses and loss of revenue. Ugandans claimed that there is too much red tape and corruption on the DRC side, so it was agreed that the timber yard would remain in Uganda until DRC stabilises. In summary: • The Ugandan investors provide capital to the Congolese in the form of cash and power saws so the latter can harvest the timber on behalf of the former. • The Congolese harvest the timber and process the transit documents from the DRC in their own names. They then deliver the timber to their Ugandan counterparts at the Uganda Revenue Authority’s Mpondwe border crossing point where they are paid their dues in cash. • The Ugandans sell the timber to the Kenyans and Indians at the border crossing point for cash. The latter continue using the transit documents of the Congolese for clearance with the Uganda Revenue Authority (URA). • In practice the Ugandans, Kenyans and Indians no longer directly get involved in harvesting the timber from DRC forests. • The types of charges levied by the URA for timber include VAT at 18%, a withholding tax of 6%, import duty of 10%, and a road tax of UGS 70,000 per truck. • For the case of timber remaining in the Ugandan market, these dues are paid in cash at the URA post, while goods in transit not paid in cash are bonded. 5.1.4 Industrial Timber Companies ENRA-Beni Only one company in eastern DRC, ENRA, is exploiting an official forestry concession. ENRA is the Belgian company which was originally awarded a logging concession near Beni in North Kivu during the Mobutu era. ENRA was able to operate through the war, and rarely has any trouble with government or rebel forces due to its political connections. The company has the only kiln-drying facility in eastern DRC. It also has a large sawmill and processing factory in Beni, where they make furniture. ENRA’s main export destinations and production volumes are presented in Table 4. Page | 23 Table 4 Concession area allocated, wood extraction volume, and export destination for ENRA, in 2005 and 2006. Year Concession area (ha) Wood volume produced (m3) Wood volume exported (m3) 2005 52,192 3,838 1,363.316 2006 28,800 4,398 Export volume (m3) per destination Uganda 1,065 1,621 Cyprus 73 3 Of which 1,239.025 m was sawn South Africa 96 timber = 25 containers Ukraine 4 Greece 320 Of which 382 m3 of parquet Belgium 25 flooring = 14 containers Ukraine 36 Source: ENRA office. Daraforest The Ugandan-Thai company Daraforest has had a sawmill at Mangina, in the Ituri forest, since 1999. The company was granted a 100,000 ha concession licence by the RCD-ML rebel group in May 2000, and according to the UN Panel (2001) it worked closely with Ugandan forces to export significant quantities of wood via Uganda to Europe, China and the US, through the companies DARA Great Lakes Industries, DARA Europe Gmbh. (Germany), DARA Tropical Hardwood Inc. (USA), Shanton President Wood Supply Co. Ltd. (China), and President Wood Supply Co. Ltd. (Thailand). Dara forests’s exports are thought to have completely ceased, although a core of 4- 5 Thai staff remain at Mangina, where they continue to saw timber for third parties. Taxes and Procedures for Cutting and Export The forestry sector in the DRC is characterised by several ‘taxes’ levied on logging, transport, and export, for example a trader bringing timber from Aba near the Sudanese border to the Ugandan border post at Lia reports having to make 14 different payments, costing US$ 55/m³ of timber. Felling taxes The DRC’s 2002 Forest Code focuses on industrial-scale logging concessions, and the acquisition of logging permits by small-scale or artisanal logging operators is not clearly legislated under this law. As a result, the procedures and ‘taxes’ paid vary according to location, and are usually not redistributed to the Treasury, nor to the different local or national authorities 26 . The main regular tax for artisanal loggers is the Timber Permit – delivered by the ECNEF and calculated in proportion to the concession’s area (Table 5). In some cases, it is possible to buy a Timber Permit from ECNEF (around US$ 800) to extract an unlimited amount of timber, 26 According to Article 122 of the Forest Code the proceeds of these forestry taxes are transferred to the Treasury, which divides them as follows: (1) Surface tax: 40% to the local authorities from the regions were the timber is coming from and 60% to the Treasury; (2) Harvest tax: 50% to the National Forestry Fund and 50% to the Treasury; (3) Export tax: 100% to the Treasury; (4) Deforestation tax: 50% to the Treasury and 50% to the National Forestry Fund; (5) Reforestation tax: 100% to the National Forestry Fund. Here we refer to the formal and informal taxes. Page | 24 and valid for one year. The legal basis for this is not clear. A timber permit from the customary chief of the area is sometimes required in addition to the Timber Permit, but its price is low compared to the taxes mentioned below. Timber felling taxes (official or otherwise) were found in this study to range from US$ 8 to 12 per m³. Most taxes raise the operating costs for logging companies to the extent of modifying their harvesting behaviour, e.g. as taxes increase, timber from very remote areas are left untouched and only the most accessible and profitable timber species are cut. Table 5 Main taxes and taxable entities – DRC logging operations. Type of taxes and taxing entity Timber Permit (ECNEF, provincial level) Delimitation of the logging area Logging tax Other taxes that can be levied by ECNEF Cutting licence fee per timber class Official amounts Amounts paid (US$) 10 to 40/ha 1/ha 20/yr 1.25% of the value of the species per m3 0.50 to 1/m3 Area tax Plank sawing tax Reforestation tax 10/ha 5/m³ 4% of the value per m3 Tax on logging tools Timber permit (customary chief) Logging tax (local and/or territorial DAE) Logging licence (IPMEA) Timber purchase and sale licence (LAVB) - (DAE) 25/yr 5/yr and/or in kind 50/yr 100/yr 150 to 600/yr "Chancellery " Duty (cluster and local and territorial chiefs) 0.50 to 5/ha Other miscellaneous costs (DAE, local and territorial chiefs) Variable Total (US$ per m³) 8 to 12 Source: This list was compiled based on surveys conducted with loggers and ECNEF officers in the North Kivu, South Kivu and Oriental provinces, from January to March 2007. Local Transport Taxes Timber transport taxes include clearance taxes paid to ECNEF plus those paid to the various customs posts, road blocks and mobile patrols found along the roads. The total tax paid depends therefore on the length the journey and road section taken. For example, the total ‘tax’ payable for moving timber between Masisi and Goma may be as low as US$ 4.50/m3, whereas between Walikale and Goma US$ 18-25/m3, between Faradje and Lia (Arua) US$ 14/m3; or as much as US$ 50/m3 between Mambasa and Goma. Most payments are made on a ‘per truck’ basis. The amount of timber a truck can carry has a significant impact on the taxes paid; trucks used locally carry 8 to 10 tonnes, corresponding to around 10 to 16 cubic meters of wood. Page | 25 Table 6 Main taxes and taxable entities – DRC transportation and local sale. Type of tax and taxing entity Transport Sale Amounts paid (US$) Loading and removal taxes (ECNEF, collective and/or territory) 3- 20 per truck each Other taxes that can be levied (DAE, ANR) Up to US$ 20 per truck each Road tolls and/or official/unofficial posts (e.g. DEMIAP, military road blocks, national police) Affiliation to plank vendors committee (Goma only) Trading licence (ANR) DGI tax Communal trading licence DAE (province and/or territory and/or collective) Total ( US$/m³) 2 to 50 5 - 25 per truck and per post 105/yr 150 - 600/yr Up to US$ 300/yr 50 - 150/yr 2 - 4.50/m3 or 20 40 per truck 5 to 20 Source: This list was compiled based on surveys conducted with loggers and traders in the North Kivu, South Kivu and Oriental provinces, between January and March 2007. Export taxes Traders state that only one payment is made at DRC customs. This payment is made to a private clearing agent or déclarant 27 who acts as a mediator between the traders and the different ‘official’ entities at the border crossing point. Four governmental departments are involved in export: The OFIDA, the OCC, the DGM and the Department of Hygiene. Theoretically, official taxes are expressed as a percentage of the FOB or CIF value of the exported goods. Additionally, other governmental departments such as OGEFREM, TRANSCOM or even the DGI also become involved in export depending on which particular border is being crossed. Finally, the ANR, the DAE, the police and certain military factions also demand payments. A clearing agent at the Bukavu border stated that during the war there were up to 19 different ‘services’ were implicated in export/import authorisations, whereas today only 8 of these remain. The sum of duties paid on timber exports is highly variable. OFIDA documents show that truckloads of wood handled by forestry officials in recent months paid from US$ 27 to 180. Not all players pay equal amounts of taxes (OGP, 2006); ‘negotiations’ between the parties can result in a tax reduction of up to 80% of what is due by law. Customs taxes and duties usually amount to US$ 10 - 35 per m3; although some importers say that they have had to pay as much as US$ 65 - 70 per m3. 27 Each déclarant or “commissionaire des douanes” (customs broker) has to belong to the “Union des Commissionaires en Douane” (or Union of Customs Clearing Agents and Brokers, UCD), a body recognised by the “Division du Contentieux” (Litigation Division) of the OFIDA in Kinshasa. Page | 26 Table 7 Main taxes and taxable entities – DRC exports. Type of tax and taxing entity Export Authorisation (ECNEF - FRCF) Main Phytosanitary Certificate departments (Department of Hygiene) Export Duty (OCC) Others Customs Duty Bills/Declarations (OFIDA) DGC (BIC) ANR Provincial and Territorial DAE Others (e.g. DGI, Foreign Trade, OGEFREM, DEMIAP) Total ( US$/ m³) Official amounts 4% of the FOB value Amounts paid (US$) 80 - 115/truck 100 - 150/truck 0.6% of the FOB value or 5% of the CIF value 2% of the FOB value for sawn wood or 5% of the CIF value 1% of the FOB value 30 - 100/truck 50 - 150/truck 65/truck 10 - 30/truck 18 - 80/truck Variable 10 to 35 Source: This list was compiled based on surveys conducted with traders in DRC and neighbouring countries, as well as with OFIDA officers, between January and March 2007. The Customs system in the DRC seems corrupt. An estimated 60 to 80% of customs revenue was misappropriated during the transition period (UN Group, 2006) and part of this used to finance militias associated with conflict in eastern DRC (International Crisis Group, 2006). Trade between countries in the region is thus carried out with little or no legitimate control. Furthermore, the forestry sector is burdened with an onerous taxation system that is susceptible to fraud and corruption. For example, 40% of forestry taxes should go to local communities, but there is no evidence that this is implemented. It is estimated that there are 155 fees and taxes from the forest sector which have been used by various criminal actors (FERN, 2006). In South Kivu province, 50% of the forestry sector operates informally, according to the Director of South Kivu Province’s Central Bank . This means that timber export tax recovery in south Kivu is less than 10% of what it should be. In 2006 the export tax revenue which the Orientale Province Territory DAE received over 5 discontinuous months amounted to US$ 2,456 for sawn wood; between 20th August and 17th December 2006, ECNEF Bela collected US$ 546 for sawn wood and US$ 1,475 for its timber exports; also in 2006, the FRCF collected US$ 11,853 for lawful exports and US$ 5,318 for illegal exports (i.e. timber that people were attempting to smuggle across the border) or 45% of the total amount collected. These figures do not include the ‘informal’ trade which is completely outside of the taxation system and assessed to be 4 times greater than the total taxed volume (declared volume and the volume caught in anti-smuggling operations). The informal trade is comprised of mainly two parts; 1) under declared volumes for loads on lorries – according to traders, only 50% of the load may be declared for export from DRC; 2) Direct smuggling out of DRC accounts for a further significant volume of timber. In an attempt to solve its tax and tax recovery problems the DRC government has approved the increase in taxes on the land surface area allocated for logging and the decrease or omission of additional levies imposed by state-owned companies. However, the logging industry and the State Transport Agency (ONATRA) oppose this reform, and steps taken to change the tax system have hardly been enforced (World Bank, 2006). Page | 27 5.2 South Sudan 5.2.1 Forests and Forestry in South Sudan South Sudan has 40 million ha of forest (FAO), mainly in the south. There is little information on logging in these forests, but given their difficult access it is probably concentrated along roads. Timber trade between DRC and Sudan is low due to poor roads and the presence of LRA and FARDC troops. The extraction of Mahogany in South Sudan is similar to that in DRC. Traders based in Uganda provide the financing, fuel and equipment to small teams of loggers controlled via local traders. The loggers are often recent Sudanese repatriates who have lived in Uganda for many years and have close contacts there. South Sudan also has large areas of mature Teak plantations in the southern districts of Yei, Maridi, Tambura and Yambio, 8,200 ha of which were established by the British before Sudanese independence. Concession rights over 8,000 ha of Teak have recently been sold to the Commonwealth Development Corporation (CDC) by the provincial West Equatoria government. CDC has yet to begin extraction and export operations, however. Like the Teak, much of the easily accessed timber in this area has already been exploited, and traders are now beginning to look farther afield, to scattered stands of Mahogany further north and as far as Jambo to the north of Juba. Though there are also large areas of riverine forest, containing Mahogany just across the border in DRC, it appears that there is little or no trade between Sudan and DRC due to poor roads and the security issues resulting from the presence of LRA and FARDC troops in the area. According to official figures 8,000 m3 of Teak was extracted in South Sudan between 2000 and 2004. However, transport companies in Kampala indicate that 1000-2000 m3 of Teak logs and beams are exported through Uganda every month by three large companies, in 2005. 5.2.2 Political Background and Relations to Timber Trade Civil war raged in South Sudan for almost fifty years - apart from a hiatus in the late 1970s until a ceasefire was agreed in late 2003. During these years up to 2 million land mines were planted in South Sudan, many of them on or near unpaved roads. While the Khartoum government forces held the South Sudanese capital of Juba, rebel forces of the Sudan People’s Liberation Movement (SPLM/A) held much of the territory outside, including the areas around the borders with DRC and Uganda. Commercial timber extraction and export during this period practically ceased. During the transition to peace, South Sudanese authorities began looking for ways to exploit natural resources, and signed a deal with the Ugandan company Erimu Limited, allowing them to extract 2,000 m3 of Teak and 1,190 m3 of Mahogany in Yei, Maridi, and Yambio. The chaos of the transition period, together with internal divisions within armed groups and South Sudanese authorities, caused problems for logging companies, such as the cancellation of contracts and the theft of timber by SPLA officers. In early 2007, the South Sudanese government signed a bilateral deal with Uganda. Page | 28 The Teak Trade Boom, 2005-2006 In 2004 the World Food Programme contracted Kenyan construction company Civicon to begin the re-building of roads from Kenya and Uganda into South Sudan. Civicon contractors were thus the first on the scene as new trade opportunities were developing in the move to peace, and the company soon expanded into trucking relief supplies, while also setting up an expensive tented camp in Juba for foreign workers. With a fleet of specialised trucks bringing essential supplies into South Sudan for the WFP and returning empty, entrepreneurs at Civicon soon hit upon the idea of using the trucks to transport Teak out of the country. By mid 2005 the company had brought in its own sawmilling equipment and set up a dedicated yard in the Ugandan border town of Koboko for transferring Teak logs from truck to truck. From early 2005 to March 2006, Teak log exports rose dramatically, at one point reaching as much as 2,000 m3 per month (equivalent of 24,000 m3 per year). All the timber was transiting through Uganda, being transferred under customs bond into containers or on to trains in Kampala for onward shipment to Mombasa and thence to India and Pakistan. The business became a major source of revenue for the major freight handling companies in Kampala. In early 2006 South Sudan appointed a new Minister of Agriculture and Forestry, and in March 2006 the new Minister issued a decree banning the harvesting and export of Teak. Within two months, the Teak trade had decreased dramatically. In February 2007, the new Minister announced the ministerial order in 2006, coupled with the deployment of 200 forest guards in the western Equatoria state, had halted the illegal export of Teak and Mahogany from South Sudan. He also stated that illegal harvesting had been reduced by 60 per cent, and that the ministry had instituted new controls requiring farmers to obtain logging registration certificates from the central government before they could sell any timber they cut on their land. 5.2.3 Import and Export of Timber The regulations in South Sudan regarding the harvesting, transport and export of both natural forest timber and Teak are unclear. Under the CPA, Customs duties should be collected at the South Sudan - Uganda border, by officials under the control of the Government of National Unity (GNU) in Khartoum, and the revenues shared with the new government of South Sudan (GoSS). However, the border posts have remained under the control of GoSS and the SPLM instead of GNU. Teak leaving South Sudan has been observed to carry out-of-date stamps and forms, however it is not clear whether this is due to fraud, corruption or simple bureaucratic confusion (URA, 2006). This problem is exacerbated by the lack of printing facilities, difficult communication, and the fact that five different currencies are currently in circulation. Teak shipments discovered by this study to be entering Uganda through Koboko are probably illegal, given the ministerial decree that halts all cutting and export of Teak. The Teak logs that still arrived at Koboko were all coming in to Sudan via Moyo to the east, rather than from Oraba where most of the logs passed when the trade was at its height. According to a Ugandan trader with experience of exporting from South Sudan, payments made for cutting and exporting Mahogany include forest royalties of US$ 100/m3, afforestation fees of 3% of the current timber price (US$ 3/m3), and district development charges (local authority taxes) of 15% of the timber price (US$ 15/m3). Export taxes payable to customs at the border were said to be US$ 50/m3, and the purchase of a one-off export licence is also required (URA, 2006). Page | 29 5.2.4 Recent and Current Trade Official Trade Statistics South Sudan does not produce separate figures for external trade, thus the only figures available are those published for the whole country by the national government in Khartoum. The only wood exports recorded were US$ 10,000 of sawn timber, to Saudi Arabia. Similar figures have been reported for previous years. Although the 2005 Comprehensive Peace Agreement provided for Customs officials under the control of Khartoum to take over control of the border, it was not until late 2006 that the first attempts were made to implement this part of the deal. Records of countries importing timber from Sudan also show very low levels of trade. Table 8 Value of timber imports from Sudan by destination, for 2005. Uganda US$ 7,025 Imports of timber from Sudan in 2005 Kenya India US$ 6,783 US$ 0 UAE US$ 712 Source: COMSTAT database, COMESA. Two kinds of timber are traded from South Sudan into and through Uganda: large Teak logs from plantations, and rough-sawn thick Mahogany timber boards from forests. The Teak logs are generally of between 20 and 40 cm diameter, and come in lengths of up to 4 metres. The Mahogany timber boards are of the same standard sizes as are brought into Uganda from DRC (e.g. 12” × 2” × 14 feet). Before 2006, 2,000 to 4,000 m3 of Teak transited through Uganda per year, bound for India and Pakistan. However, trade volumes of both Teak and Mahogany and have decreased dramatically since early 2006, today Teak trade is less than 400 m3 per year, whilst Mahogany (import and transit combined) is 800 to 1000 m3 per year. Trade Routes, Processing and End Uses Teak logs from South Sudan cross the border with Uganda via Koboko in transit trucks. They are transferred to trains or into containers in customs bonded depots in Kampala, then pass by the Kenyan port of Mombasa to India and Pakistan. There is little information on the end use of Teak in these countries. The Mahogany timber brought into Uganda has the same destinations and end uses as that which comes from DRC. 5.2.5 Major Companies and Traders Companies involved in the timber trade from South Sudan include Ugandan companies Erimu and Amaply, the mega-conglomerate Madhevani Group, and the Sudanese company Rhino Timber. The main Indian importer of Teak from South Sudan is Salma International; they have a subsidiary in Kampala called SWT. Their suppliers include Luck Friends Timber Company based in the Kaju Keji area of Sudan. Furthermore, a media report from October 2005 stated that a Nairobi-based Indian timber trader who had established a company called South Sudan Investments Ltd., was sourcing Teak, Mahogany, Muvule and ebony in South Sudan, and was trying to find large scale importers in India. The same report stated that a second firm called Page | 30 PLY Investments Ltd. and based in Nairobi, was exporting hardwoods from both DRC and South Sudan. Most of the Mahogany imported into Uganda from Sudan is handled by a Kampala trader called Levi Tumukurative. Furthermore, a South African expatriate in Kampala is buying Sudanese Mahogany for shipment to South Africa. Sudan People’s Liberation Army (SPLA) The SPLA and its proxies trade timber sourced from areas under their control. In 2005, the SPLA seized Teak harvested by Erimu and sold it to an Indian trader. Sources in South Sudan state that the SPLA is no longer significantly involved in the Sudanese timber trade, but media reports suggest that SPLA soldiers are trading timber from Ariwawa and from the far north-east DRC, near Garamba national park. This information has not yet been verified. 5.2.6 Sudan’s Role as an Importer of Timber from DRC and Uganda Since the CPA was agreed, a huge reconstruction effort has increased timber demand. Most of this timber is sourced from DRC and Uganda. Ugandan timber is illegal, given that exports of unprocessed Ugandan wood are banned. Direct trade between DRC and Sudan is impossible given the presence of LRA and other forces near the border therefore, timber enters via the West Nile region of Uganda. Traders at the Juba timber market indicated that two to three Fuso-style trucks of timber – mostly pine and cypress – arrive from DRC per week, equivalent to 4000 - 5000 m3 per year. The volume of timber passing through the Juba market had doubled in the last six months from January 07. One expatriate trader in Kampala has recently begun shipping timber from DRC through Uganda to Sudan. Documents from Lia URA near Arua reveal that Civicon are also back in the timber business, bringing truckloads of Mahogany timber from DRC into Uganda for transit to Juba in South Sudan. 5.3 Uganda 5.3.1 Forests and Forestry in Uganda State of Forests in Uganda Uganda has one of the highest deforestation rates in the world and its remaining forest cover is estimated at 18.4% (FAO). In 1996 primary forests accounted for only 2.7% (700,000 ha), and today most primary forest is in protected areas, with logging activity completely banned. Most of the ‘production’ forest is already logged, and only 50,000 ha were considered commercially ‘exploitable’ in 2000 (FAO, 2001). Around 800,000 m3 of sawn logs were estimated to have been harvested in Uganda in 2000, from plantations, natural forest, and those illegally cut. Wood demand in Uganda is 26 million m3, mostly for charcoal and fuel. This is expected to rise to 60 million m3 by 2025, therefore Uganda’s imports of timber are expected to continue increasing dramatically. Page | 31 Commercial Exploitation of Ugandan Forests Commercial logging in closed forests in Uganda has continued on a very small scale, and is concentrated on the Kalinzu Forest in the south-west, as well as on Budongo and Bugoma forests in the far west of the country. In 2000, the total official annual allowable cut in these forests amounted to 9,500 m3, with only 5,500 m3 actually produced. Timber extraction in Uganda is carried out partly by a few large companies, such as Nileply, Amaply, Budongo Sawmills, Techna Sawmills and Kapkwata Sawmills; and also by numerous independent traders and wood product manufacturers. Regulatory reforms of the forestry sector in Uganda have reduced legal cutting of the remaining forest reserves and the State has taken direct control of extraction. Most companies have thus closed their sawing facilities and refocused on the purchase of timber from third parties for trading and processing at their yards in Kampala. Much of this timber is sourced (illegally) in Uganda, DRC and South Sudan. Forestry Regulation in Uganda In 2003, the Ugandan forestry administration was re-organised into three main branches: - The National Forest Authority (NFA), responsible for national forest reserves; - The District Forest Authorities, sub-national and responsible for other forests (privately owned and community forests) within each area as well as for transport of timber through their areas; - The Forestry Inspection Division (FID), with a national mandate for law enforcement. Since 2004, the NFA has regulated timber extraction from national forests through open and competitive bidding processes, and from plantation forests by selling harvest rights. In natural forests, NFA oversees the cutting by small scale pitsawyers who then sell on the open market. The District Forestry Offices (DFOs) control the transport and sale of legally obtained, domestically harvested and imported wood, using a system of hammer-stamps and permits. The NFA and FID carry out regular inspections of timber markets in Kampala and elsewhere, and on unbonded trucks moving around the country. Any wood found without the proper stamps and/or documents is seized and auctioned. Since April 2004, NFA enforcement staff and Special Revenue Police have conducted monthly auctions of this timber in Kampala. These auctions bring in an average of USh 20 - 30 million per month, equivalent to US$ 140,000 -200,000 in annual revenue in 2004/05 and 2005/06 respectively, which is retained by NFA as income. This timber includes illegally cut timber from domestic forests and illegally traded timber imported from DRC and South Sudan – though figures are not available on the proportion that imports represent in the overall volumes seized. Some accuse NFA of misusing their powers of seizure and auction to raise revenue for themselves, and question the rights of NFA to retain all revenues rather than returning some of it to the Districts from which the illegally harvested timber originated. Senior politicians have recently proposed the allocation of large tracts of forest in national reserves to the private sector, for oil palm and sugar production. This pushed most of the NFA senior management to resign in 2006. Ugandan media suggests that the proposed allocations are partly motivated by the value of the timber to be extracted. Indeed, a general problem in Uganda and DRC is the fact that timber is a by-product of forest clearance for agricultural use, and is sold below the price required for sustainable forest management. The Bidco project – an internationally financed oil palm plantation complex, Page | 32 has already cleared 4,000 ha of non-protected forest on Bugala Island, and is flooding the market with cheap timber, thus undermining NFA’s sale prices of plantation-grown timber. Uganda’s Official Imports and Re-exports Uganda reported total imports of timber worth US$ 4 million in 2005, an increase from the US$ 3.8 million reported in 2004 and US$ 3.3 million in 2003 (COMESA Trade Statistics). A quarter of total timber imports consisted of logs, mostly from Tanzania (US$ 900,000); more than half consisted of plywood, particleboard and MDF from Kenya (US$ 700,000), South Africa (US$ 600,000) and China (US$ 200,000). Uganda’s official imports of timber from Sudan and DRC (as recorded by COMESA and UNCOMTRADE) are very small (Table 9). Table 9 Value of Ugandan Imports of Timber from DRC and Sudan (2002-2005). 2001 DRC Sudan 8,106 0 2002 0 822 2003 In US$ 2004 0 0 4,800 18,031 2005 7,003 7,025 Source: COMSTAT database, COMESA. 5.3.2 History of Uganda’s Role in Trading Timber from DRC UN Panel of Experts / The Porter Commission Throughout DRC’s civil war, Uganda imported most of its timber from the eastern part of DRC. Most of this timber was for domestic use, with some transit to Kenya, for sale in Kenyan markets and export to Europe and SE Asia (ARD, 2004). In 2001 and 2002, a UN Panel of Experts concluded that a network of high-ranking UPDF officers, private businessmen and selected rebel leaders in Uganda was involved in the exploitation of natural resources from DRC. The only other data provided by the UN Panel for Ugandan imports of DRC timber were figures for a single (unspecified) customs post on the Uganda-DRC border. These figures showed imports of 1,900 m3 in 1998, 3,782 m3 and 46,299 pieces in 1999, and 3,272 m3 and 3,722 pieces in 2000. Based on standard cut timber sizes, the total figure for the peak year of 1999 through this post would have been around 6,820 m3 – though it is unclear what proportion of overall exports this may have represented. In response to the Panel’s conclusions, the Ugandan government launched an internal investigation led by Justice David Porter. The investigations were hampered by a series of factors, and also fell out with its counterparts in the UN Panel. In its final report in November 2002, the Porter Commission exonerated the Ugandan government and UPDF of deliberate official involvement in the exploitation of resources from DRC. The commission did support the Panel’s findings against some senior UPDF officers, but no official judicial action was taken against them (HRW, 2005). 5.3.3 Taxes and Procedures for Import Timber The Ugandan Revenue Authority (URA) charges import duty of 10%, a ‘withholding tax’ of 6%, and VAT of 18% on the value of imported timber. However, URA systematically Page | 33 underestimates the value of timber by 60 to 70 per cent and this is costing URA US$ 900,000 in potential revenue. Table 10 Undervaluation of 12”× 2” Mahogany Timber at URA and DFO. At Border US$/ m3 At DFO URA Valuation Actual Value % Undervalued DFO Valuation Actual Value % Undervalued US$ 98 US$ 225 56% US$ 178 US$ 250 29% Source: Interviews with Kampala traders, URA and DFO officials. Actual values are low-end estimates for NW Uganda based on information from traders (Uganda, 2007). There appear to be no standard official legal paperwork requirements for timber shipments arriving at URA border posts from DRC or Sudan, such as phytosanitary certificates and certificates of origin, though traders are required to fill in a URA import or transit declaration form, which includes the consignor and consignee and origin and destination as well as a description of the cargo. The reality as explained by a number of URA border officials is that paperwork from Congo and Sudan varies a lot in nature and quality. Copies of a number of different Congolese documents seen by URA officials have been reviewd by the field researchers for this report. The most common is an OFIDA (DRC Customs) receipt for export duties. In addition to charging import duties and VAT, the URA border posts also collect a ‘road user charge’ (US$ 40-70) for each foreign-registered lorry which enters or passes through Uganda. After passing URA, import shipments (but not bonded transit shipments, procedures for which are detailed under Kenya, Section 5.4.) must travel to the relevant DFO. After checking the content of the truck against the importer’s declaration, the DFO charges a 1% forestry royalty, hammer-stamps each piece of wood, and issues a ‘movement permit’. Each DFO has two hammers, one for domestically produced wood and one for imported wood. Each hammer has two ends and gives two different marks. One end gives a 2 digit code number related to the district carrying out the marking, while the other gives an additional two letter code which in the case of domestic timber indicates the origin (e.g. AR for Arua) or otherwise indicates that the timber was imported, with the initials ‘IM’. In addition to the declaration form, DDFOs also require documentation from URA confirming that duties have been paid, and documentation from the source country. The ‘movement permits’ issued by the DFOs are specific to each truck, and contain information on the quantity and species being carried and the buyer. Their validity for use normally expires after three days. Forestry officials in the major towns regularly check timber on trucks and at markets and yards. Timber found without adequate DFO hammer-stamps or without in-date movement permits is seized. Royalties on domestically harvested timber are much higher than on imported timber, typically 25 per cent. Like URA, the DFO’s systematically undervalue timber and are thus charging less tax that they should. The recent establishment of new districts means that hammers for stamping wood are not always available, and importers are required to travel to the districts where the hammers are. This, together with changes in the nature of the trade, have caused complications for the hammer stamping and permits system. In north-west Uganda, the new district of Koboko does not have its own hammer and has to send timber down to Arua for stamping. Moyo district on the border with Sudan does not have its own hammer for imports, as there were no imports Page | 34 from Sudan back when the system was established. For this reason and for URA purposes, imports of Sudanese timber entering Uganda at Moyo are required to travel west to Koboko and Arua before heading south to Kampala. This adds to the cost of transport, and provides an incentive to bypass the system. According to some sources, Ugandan law requires that all companies involved in importing or exporting timber obtain a licence to do so, but the authority meant to issue the licences has never been established. The EAC Customs Management Act of 2005 does have restrictions on the export of timber that originates in its partner states (Uganda, Kenya and Tanzania). The export of processed wood products is permitted, and so is the export of logs and sawn timber harvested in non-EAC countries such as DRC or South Sudan. Table 11 Taxes and taxing entities – Uganda imports (US$). Type of tax and taxing entity – Uganda Import Official tax amounts Import duty (URA) 10% of imported timber price Withholding tax (URA) 6% of imported timber price TVA (URA) 18% of imported timber price (of the timber value after deduction of previous two taxes) Road user charge (URA) US$ 70-140 per truck Movement permit (DFO) 1% of imported timber value (25% if timber produced locally) or around US$ 2/m3 Total US$ per m3 75 - 100 Tax amounts paid 30 - 40 Sources: URA and DFO. 5.3.4 Current Scale of Ugandan Timber Imports and Transit Trade from DRC There is no collated URA data for timber traded into and through Uganda. We provide estimates based on field research and the analysis of raw URA data. A good indication of the volumes traded from DRC has nevertheless been obtained through field visits to the main entry points. In some cases, full URA records for given time periods have been accessed and the data collected and analysed, while in other cases rough extrapolations have been made based on the average number of trucks said to move through each point. Including our estimate for illegal timber shipments, annual imports into Uganda are 20,000 m3, and annual timber in transit to third countries (principally Kenya) represent a further 20,000 m3. Based on real prices at the point of import (FOB), the overall timber trade is worth US$ 10 million per year, of which half is transit cargo. Values at points of sale amount to US$ 8 million in Kampala, and US$ 13 million in Nairobi. Trends Over Time Between 1997 and 2000 the volume of timber trade was very low. Trade volumes peaked in 2000-2003 under UPDF control of source areas, and subsequently declined with the onset of the Lendu-Hema conflict in NE Congo. Trade has gradually increased since 2004 as the security situation improves. Page | 35 5.3.5 Major Companies and Traders Most of the timber imported to Uganda from DRC for domestic consumption is handled by individual Kampala-based traders, although Ugandan companies also import timber, including Kapkwata (1,600 m3 estimated annual imports from DRC), Hwansung (500 m3), HiStar (370 m3) and Erimu (1,080 m3). Most transit shipments are handled by Nairobi-based companies and dealers. The Kenyan and Ugandan traders used to arrange the cutting and transport within DRC, but most no longer do this. Most claimed that this was because the risks were too high, but it was also reported in late 2005 that Congolese authorities had banned Ugandans from trading timber in DRC, and though this declaration may never have been enforced it nevertheless had an influence. Traders still provide financing, fuel and equipment to independent middlemen in DRC, who arrange the cutting and transportation to the border; the traders then buy the timber at storage yards in no-man’s land at the border posts. Only a handful of companies in Kampala have kiln-drying facilities. Small scale traders and processors in Kampala have started using their own ‘solar kilns’ to cure hardwoods. Evidence suggests that the UPDF have not been systematically involved in trading timber from DRC since the withdrawal of Ugandan forces in 2003. However, at least one Ugandan army colonel is thought to remain involved, and may be involved in trading timber with the rebel FNI militia in the Djugu area of the Ituri. 5.4 Kenya 5.4.1 Forestry in Kenya Kenya has become an important consumer of timber from other countries in the Great Lakes region since a ban on domestic logging was enacted in March 2000. The country has 1.7 million hectares of closed forest, 160-170,000 ha of which are plantations. Total forest cover is less than 2% of Kenya’s land area. Large scale illegal felling of the national forest estate and rapid deforestation were the main driving forces behind the ban on cutting. Since the cutting ban was enacted, traders in Kenya have been pushing hard to have it withdrawn. In August 2006 it was claimed that timber factories worth almost US$ 60 million had been forced to close through lack of raw materials in the years since the ban took effect. Trade Statistics Kenyan news media reported in 2005 that the country was importing US$ 13 million worth of timber each year, mostly from Tanzania, DRC and Uganda, to meet the deficit in supply caused by the logging ban. Official trade statistics reported to COMESA and UNCOMTRADE by Kenya show imports growing from US$ 3.1 million in 2001 to a peak of US$ 12.1 million in 2004. Imports dropped slightly in 2005, to US$ 8.6 million, largely due to much-reduced log imports from South Africa. Imports of logs and sawn timber, which had been almost non-existent before, grew particularly dramatically following the harvesting ban. In 2005, 50% of Kenya’s wood imports by value were MDF and plywood, 20% were processed timber products, 20% were logs, and 10% was sawn timber. The largest source of sawn timber to Kenya is the DRC, followed by Tanzania. Recorded imports from Uganda, Rwanda and Sudan are negligible or non-existent. Page | 36 Kenya’s recorded imports of sawn timber from DRC increased ten-fold between 2001 and 2005 (Fig. 1). Millions Figure 1 Recorded imports of sawn timber (HS4407) from DRC by Kenya, 2001-2005, in million US$ CIF. 0.6 0.5 US$ CIF 0.4 0.3 0.2 0.1 0 2001 2002 2003 2004 2005 Source: Raw data from COMESA. Official figures show that the value of wood Kenya exports to DRC and Sudan is greater than the value it imports from them (Table 12). Indeed, In 2005, Kenya exported MDF and plywood worth over US$ 1 million to DRC; in the same year it recorded imports of sawn timber from DRC worth just over half a million. Kenya also exports large volumes of MDF and ply to other regional countries, including Tanzania and Uganda. Kenya exported a total of just under half a million dollars’ worth of timber to Sudan – including more than US$ 150,000 of sawn timber. Whether the wood Kenya exports is tropical hardwood or from plantation sources, and what proportion originates outside of the country, cannot be ascertained from the figures, but given the total logging ban in place in Kenya it seems likely that a significant percentage of exported wood products are made using imported timber. Table 12 Kenya’s imports of sawn timber and regional exports of timber in various forms for 2005. Kenya's imports of sawn timber US $ Kenya's timber exports % of Total Sawn MDF/Ply Processed Total DRC 531,645 65 Tanzania 146,446 18 Uganda 5,631 1,396,020 218,987 1,620,638 47,524 6 Tanzania 2,052 1,405,737 159,22 1,567,009 28,4 3 DRC 759 1,063,441 23,655 1,087,855 Uganda 27,043 3 Sudan 150,639 139,041 198,839 488,519 Malaysia 24,95 3 Burundi 0 352,465 30,858 383,323 Thailand 8,343 1 Rwanda 12,04 117,437 35,555 165,032 Sudan 6,783 1 Ethiopia 0 135,203 11,183 146,386 Others S. Korea TOTAL US $ 821,134 Source: COMESA Trade Statistics. However, official trade figures may not be very accurate because they do not include statistics for imports of timber into Kenya and should be treated with a great deal of caution. Information collected during fieldwork conducted for this study in Uganda indicates that at Page | 37 least 18,000 m3 of sawn Mahogany and other hardwoods transits to Kenya from DRC each year, which at a conservative estimate should be worth US$ 4.5 million at point of import – eight times the value recorded in official statistics. The discrepancy could be the result of illegal timber trade volumes and they are subject to errors in reporting. A significant proportion of timber imports into Kenya are processed for export. The total value of these exports was US$ 10.6 million in 2005, half of which were to the United States and the European Union, and the other half to Tanzania and Uganda. Sawn planks imported into Kenya from the DRC are probably used to produce furniture for Kenya’s domestic market, not for plywood as this requires peeler logs. Remarkably, the DRC ranks third with a 22% share of the Kenyan plywood and board export market. These Kenyan exports to the DRC are worth US$ 1.1 million, while the official value of DRC timber exports to Kenya is only US$ 530,000. This means that, despite the large social and environmental costs of timber production in the DRC, the DRC does not have a positive trade balance for timber products with Kenya - its main export market for timber. The real value of DRC timber exports to Kenya might be ten times higher, US$ 5 million, but this extra value is not realised due to the lack of a DRC plywood and board industry. With such an industry the DRC would be able to fulfil its own domestic need for plywood and board, as well as supplying these products to neighbouring countries such as Tanzania and Uganda. Given the advantage of avoiding the high costs of transporting timber from the DRC to Kenya and plywood and board back from Kenya to the DRC, the domestic processing of DRC timber into plywood and board would seem to be potentially very profitable. Taxes and Procedures for Timber Imports to Kenya Transit shipments do not need to pay taxes at the Kenya-Uganda border, although a customs bond is required, repayable when the shipment departs. As a member of the East African Community (EAC), since January 2005 Kenya uses the same import duty rates as Uganda and Tanzania – raw materials (e.g. logs) enter for free; semi-processed goods (e.g. sawn timber) attract a duty of 10%, and finished goods (e.g. plywood) a duty of 25%. Kenya also charges 16% VAT on imported wood. The three EAC countries have agreed to drop all internal tariff barriers, so the above duties do not apply to imports to Kenya of wood which originates in Tanzania and Uganda, but Kenyan exports to Uganda and Tanzania are still subject to duties until 2010). Certificates of Origin are compulsory for trade between EAC countries, this encourages timber smuggling from the DRC (not an EAC member) into Uganda, where the timber can be labelled as being of Ugandan origin. Kenya is also one of the 11 member countries of the Common Market for Eastern and Southern Africa (COMESA) which have removed all tariffs to form a free trade area. As such, imports of timber from Sudan, Burundi and Rwanda are duty-free. For imports from other countries – including DRC – companies which re-export manufactured products can reclaim any duties and VAT paid for importing the necessary raw materials. Two main factors influence the amount of tax paid for timber imports into Kenya via Uganda. One of them is related to the different customs valuation systems currently used in Kenya vs. Uganda, because the amount of duty paid depends on the customs valuation. Timber arriving at the Kenyan border at Busia or Malaba should presumably be valued slightly higher than when it arrived at the DRC-Uganda border, to account for transport costs. But as explained above, the valuation system used by Ugandan customs woefully underestimates the timber Page | 38 prices, meaning that the differential in taxes paid at the two borders could be much higher. Though the EAC customs union is supposed to harmonise procedures, it is unlikely that systems for valuation are standardised. Further work is needed to establish the procedures used by Kenya Customs for valuing timber imports from DRC. The difference between the valuation systems in use in the two countries could have a very important influence on trade flows.The second factor is the systematic under-declaration of transit shipments to Ugandan customs, in order to facilitate under-declaration upon arrival in Kenya. Because imports are duty exempt in Kenya but not in Uganda, South Sudanese hardwood is transited through Kenya, despite the added transport costs. Table 13 Taxes and taxable entities – Kenya imports. Type of tax and taxable entities – Kenya I Weighing ticket (border) Truck and trailer weight (Malaba) Truck and trailer weight (Eldoreti) Truck and trailer weight (Nakubu) Total per m3 of wood Amounts paid (US $/truck) 1200 100 100 150 30 - 38 The large discrepancy between the official Kenyan figures for timber from DRC and our trade figures collected in Uganda could be informal trade. The high level of taxes imposed on timber imported from DRC is certainly enough to encourage it. One possible means would be to bypass customs altogether, though it is unclear how easy this would be given the limited road network. An alternative method would be to falsify the origin of the timber as from a COMESA or EAC partner country with which Kenya has a free trade agreement. Requirements for proof of origin from such countries are quite strict, however, and there is no evidence from trade statistics that falsification of origin is occurring on a significant scale (i.e. there are no reverse discrepancies in the trade figures for timber from Sudan or Uganda). 5.4.2 Major Companies and Traders There are three large timber companies operating in Kenya – Pan African Paper Mills, Raiply Timber, and Timsales Ltd. All are said to have been granted exemptions from the logging ban enacted in 2000. The media claimed in 2001 that these firms were using their fleets of trucks to haul timber from DRC to Kenya, but this study has not been able to verify this claim. Page | 39 5.5 Rwanda 5.5.1 Forests and Forestry in Rwanda State of Forests and Demand for Wood Between 1990 – 2000 Rwanda lost 80% of its forest cover. Today, 12% of Rwanda’s surface area is covered by forests 28 , most of which are in national parks (approx. 225,000 ha) and protected from logging. Private and State plantations together constitute 306,450 ha. More than 96% of the population uses plant biomass for fuel, and the national forest product deficit is 6,719,000 m3 (29). The Government thus aims to increase Rwanda’s forest cover to at least 30% by 2020, and have 85% of family farms practicing agroforestry. Forestry Regulation in Rwanda Rwanda’s forests are managed by the Forest Protection Service of the Ministry of Lands, Environment, Forestry, Water and Natural Resources (MINITERE), following its Forest Code of 1930. In Rwanda only trees from plantations are exploitable. Logging any area greater than 2 hectares is subject to a tax – called a ‘felling permit’ - equal to 1% of the cut product value, regardless of whether the plantation is State or privately owned, and trees can only be cut with a valid concession. The sale certificate and transport permit are supplied freely by the administration. The Forest code is in the process of being reformed, 30 for example production and export taxes will rise, forested areas will be subject to a land and a cutting tax, and deforestation and export taxes will be introduced. In the medium term, this change is likely to increase (cheaper) timber imports from neighbouring countries such as the DRC. 5.5.2 Taxes and procedures for importing timber The import of timber from the DRC requires a MINITERE transport permit which costs US$ 3.50, and is valid for three months. The permit can only be granted, however, if the haulier already has all the necessary authorisations issued by the competent authorities of the DRC together with those of the district in which the timber enters Rwanda (for example, the Kisenyi district for timber exported from Goma). These requirements represent a certain degree of mutual recognition by Rwanda for regulations governing timber production in DRC. The nature of the documentation and the legal process of timber production in the region needs to be clarified between the parties however, especially given the ongoing development of the forest related legislation in DRC. The various customs’ charges payable at the time of import are managed by the Rwanda Revenue Authority (RRA). Up until 18 December 2006, Rwanda levied Cost, Insurance and Freight (CIF) charges at 4% on all imports and exports for handling and warehousing services through Magerwa (Magasins Généraux du Rwanda, or Rwandan Bonded Warehouses). However the government decided to decrease this charge because it was placing manufacturing firms in Rwanda in a less competitive position relative to other manufacturers in the Region who have liberalized and adopted a flat fee for the handling services. 28 World Resources Institute (2000). http://earthtrends.wri.org/text/forests-grasslands-drylands/country-profile-153.html 29 MUGEMANA, 2007. 30 A new bill to be adopted in 2007 or 2008. Page | 40 Import duties are paid on imported goods, but there are currently no equivalent fees for exports and transit shipments. The import duty rate is currently 15% of the CIF value for sawn wood. Since 2004, imports from COMESA countries that meet conditions as specified by the COMESA rules of origin are exempted of duties. The Customs value of imported goods (CIF) should normally correspond to the transactional value, i.e. the price effectively paid for the goods. However, in order to favour imports, the CIF value is not currently applied as such. In the particular case of timber, customs duties are calculated on the basis of a fixed timber price that is much lower than the actual purchase price (Table 14). Table 14 Rwandan customs taxes and duties in 2007. a Timber species Item Goma (DRC) purchase price (US$) RRAa Customs CIFb Price (US$) Libuyu Redwood Musave, Licheche, Sirita Beam Board Board 25 7–8 3–4 12.5 3–5 2 Rwandan Revenue Authority; b Customs value of imported goods. A withholding tax (WHT) of 5% of the CIF value is also imposed on all imports. Nevertheless, an importer holding a Tax Clearing Certificate is exempted from paying the withholding tax. This certificate is available from the RRA for US$ 18. The Value Added Tax (VAT) was introduced in 2001 replacing an old-style sales tax (ICHA). A rate of 18 % (of CIF + Import duties + Magerwa fees) is the standard for taxable goods. At the time of writing this report, the sum of Customs fees, taxes and duties was: - 2867 FRW per item for Libuyu (Entandrophragma sp.), or US$ 62 ± 7 per m3 (31). - 468 FRW per item for Musave (Markhamia lutea), or US$ 38 ± 4 per m3. To these figures should be added entry taxes for vehicles, normally paid by the haulier and included in the transport costs: Table 15 Rwandan vehicle entry taxes in 2007. Vehicle type Truck/ trailer Lorry/ truck Other 5.5.3 Fees for foreign registered vehicles (US$) 152 72 9 Fees for national registered vehicles (US$) 54 27 9 Trade of Imports and Transit from DRC into Rwanda General Overview of International Trade According to RRA figures, the total value of timber imports into Rwanda 32 from all countries reached US$ 2,643,474 in 2006 (generating a tax revenue of US$ 657,461 33 ) and US$ 657,909 for the first quarter of 2007 (with the tax revenue equalling US$ 160,124). These values could however be slightly understated given the partiality of the data 34 . In any 31 Margin due to the wide variation in timber sizes (e.g. 0.075 to 0.095 m3 for Libuyu beams and 0.020 to 0.025 m3 for Musave boards). 32 “Wood, charcoal and woodworkings”, classified n° 44 in the RRA Customs Code. 33 Considering only the imports duties, VAT and withholding tax (excluded Magerwa fees and costs and others). 34 Information taken from the RRA Custom Department’s ASCUDA computer database. Only the main border posts are included in the database, this system was only brought on line during the course of 2006. Page | 41 case they appear to be well above those recorded by Burundi for the same period, despite the fact that the two countries are of a roughly equal size and have similarly low domestic supplies. In 2006, fibreboard, particleboard and plywood made up 79.3% of the total value of the recorded imports, as opposed to 16.2% for processed timber and other derived products, 3.6% for sawn timber, 0.5% for sheets for veneering and plywood, and 0.2% for fuel wood, charcoal and rough wood. It would also appear that rough sawn wood, charcoal and fuel wood are in the main imported products from the DRC. Table 16 Registered imports of wood products (in m3) into Rwanda 35 . Wood charcoal (tonnes) Sawn wood (m3) 2006 2007 DRC - Kenya - 25.3a 229 ± 33 - Uganda 29.6 - 60 ± 8 c 575 ± 75 1.6 ± 0.2 - 1.6 - - - Tanzania 2.2 2007 2006 Sheets for veneering and plywood (m3) 2007 2006 2007 13 ± 3 19 ± 3 19 ± 3 21 ± 3 - 453 ± 90 320 ± 53 - - 503 ± 84 10 ± 1.5 37 ± 5 - 2745 ± 539 - - - 0.02 ± 0.01 1.09 ± 0.15 - - - - - 0.35 ± 0.05 123 ± 20 0.47 ± 0.04 102 ± 17 0.3 ± 0.04 - 2006 2007 3.5 ± 0.5 6.6 ± 0.9 - 0.1 ± 0.01 23.5 China 340 ± 68 ± 3.4 1.2 0.8 UAE 136 ± 27 ± 0.2 ± 0.1 0.5 0.88 26.2 Others 138 ± 28 ± 0.1 ± 0.12 ± 3.7d a 3 b Sources: RRA-ASCUDA; An additional 22.2 m of fuel wood was imported in 2007; Mainly eucalyptus; c 70% tropical woods; d From Egypt. Burundi 2.9 2006 Particle and fibre Wood in the board, plywood and rough, Pickets and similar similar (m3) (m3) b - Rwanda also acts as a transit corridor for timber from Mombasa, Nairobi and Kampala destined for the DRC and Burundi. Most of these transit imports are fibreboard, particleboard and plywood and amounted to 1,483 tonnes in 2006, and 550 tonnes between January and March 2007. While the national statistics reveal virtually no timber being transited from the DRC to neighbouring countries, through Rwanda Kisenyi Customs officials estimate that over the past 10 months almost 170 m3 of timber has passed through the country on the way to Tanzania, Burundi and Uganda. Imports and Trade of Sawn Wood from DRC During the war between the DRC and the Movement for the Liberation of Congo (MLC), rare and expensive species such as Afromosia (Afromosia elate) and Doucier (Afzelia africana) were brought into Kigali by plane from the Orientale province, but the trade has now moved on to other species. Timber imports in Rwanda from DRC fell dramatically in 2002-2003 36 , due to the reduction of easily accessible trees in the relevant source areas and increased attention by the UN. 35 The variations observed are due to the margin of error that can exist when converting data in kg to cubic metres (cf. wet and dry wood densities according to species, and densities of some processed products). It should also be noted that imports of “woodworkings and derived products” (4414 to 4421) have not been taken into account. These total 189 tonnes in 2006 and 43 tonnes in 2007, and come mainly from China, the UAE, Kenya and Uganda. 36 According to a report by ARD consultants for USAID, in 2003. Page | 42 More recent research conducted for this study indicates that in mid 2006, timber imports into Rwanda decreased by 20% in response to rising timber prices in Goma 37 (from US$ 3 to US$ 5 for a Libuyu beam). Trade picked up again since the beginning of 2007 largely as a result of changes in the security situation around Goma, but also in response to the Magerwa depots in Rwanda lowering their charges. At present, Rwandan demand for Libuyu (Entandrophragma sp.) and Musave (Markhamia lutea) remains very high, together they account for almost 95% of timber imports. The remaining 5% consists of Muvula (Milicia excelsa), Licheche (Acotea lisambromis) and to a lesser extent Sirita (Ekebergia capensis) as well as plantation species like Eucalyptus. Though the forests of Walikale/Masisi are nearest to Goma, traders there told investigators in January 2007 that 90% of the hardwoods arriving in Goma currently are actually being sourced far to the north around Mambasa. Security and logistical problems, combined with dwindling accessible supplies of the targeted trees, had reduced supplies from Walikale. About twothirds of the hardwood timber arriving in Goma is destined for Rwanda. The main port of entry for timber from the DRC is the Kisenyi region close to Goma which has two border Customs posts that together handle more than 90% of all imports. The timber volumes recorded by the RRA and by Magerwa agree, and suggest a mean annual volume of 5,400 m3 (±10%) since trade resumed in the last few years. However, it is likely that these volumes are much higher (40% or more), based on reports by OCC-Goma and traders in Goma. Table 17 Annual imports of sawn wood into Rwanda from DRC 38 . Timber species Libuyu (Entandrophragma sp.) Musave (Markhamia lutea) Other wood Total Annually (converted) National imports (m3) January to December 2006 (Source: RRA, compiled by the POLE Institute) Imports (m3) via Kisenyi border posts November 2006 to April 2007 (Source: Magerwa – Kisenyi registers) 1566 / 1983 1295 /1683 2030 / 2538 1041 / 1156 35 / 44 3631 / 4565 3961 / 4980 113 / 138 2449 / 2978 4898 / 5956 Most timber imported into Rwanda from DRC is shipped to Kigali for processing 39 . Most of the suppliers place themselves between the point where the timber is bought in Goma and sold in Kigali, where they supply either private timber processing companies or wholesalers with large timber yards (such as at Gacinjiro) – the latter in the main then sell to associations made up of small businesses and craftsmen. For the supplier, the added value is generally 37 This phenomenon seems to be the result of several factors working simultaneously: the increase in demand from Kenyan traders for at the border crossing at Kasindi-Mpondwe for timber from the same sources as that supplying Goma, plus the insecurity which is prevalent in some areas such as Rutshuru and Masisi during the period of the presidential elections. 38 The variations observed are due to the margin of error that can exist when converting data in kg (in the case of Magerwa) or pieces (RRA) to cubic metres. In fact, the volume of Libuyu beams varies from 0.075 to 0.095 m3 while Musave boards and other types of timber boards vary between 0.020 and 0.025 m3. In addition, timber density varies according to whether the timber is dry or wet; for Libuyu the variation is from 500 kg/m3 (dry) to 650 kg/m3 (wet), for Musave it varies between 450 (dry) and 500 (wet) and for other wood species from 450 (dry) to 550 kg/m3 (wet). 39 The remainder supply the Ruhengeri market and to a lesser extent the Butare market. Page | 43 high but at the same time highly variable, as account needs to be taken of how frequently supplies arrive plus the indirect costs of running their businesses. According to traders at the Goma timber market, around 10 main Rwandan traders regularly visit the market to buy timber. As is the case with Ugandan traders at Mpondwe and Arua, these buyers also often act as financiers, paying in advance to cover the up-front costs incurred by the seller in sourcing the timber and transporting it to the market. Rwandan trucks come across the border and pick up the pre-ordered timber on a pre-arranged date. Table 18 Prices and cost for timber imported from Goma to Kigali in 2007. Libuyu Muvula Musave In US US$/m3 Price of Timber in Goma 300 ± 50 320 ± 50 185 ± 30 Export Taxes Payable in DRC (incl. clearing agent) 25 ± 5 25 ± 5 25 ± 5 Import Taxes Payable in Rwanda (incl. clearing agent) 62 ± 7 60 ± 2.5 38 ± 4 Cost of transport 25 ± 5 25 ± 5 25 ± 5 Other costs (transport permit, profit tax, handling, communal tax in Kigali) 30 ± 5 30 ± 5 30 ± 5 Price of timber in Kigali – Direct sale 500 ± 75 525 ± 75 320 ± 55 Price of timber in Kigali – Re-sale on local market 550 ± 75 550 ± 75 320 ± 55 Estimated Value Added 63 70 17 5.6 Burundi 5.6.1 Forests and Forestry in Burundi State of Forests and Demand for Wood The war in 1993 decreased forest cover from 8% in 1992 to 5%. Natural forests cover ca. 55,000 ha and are mostly found in National Parks or Natural Reserves 40 . Plantations total 50,000 ha and contain most of the exploitable timber. Communal afforested areas were 7,000 ha in 1997. Finally, there are many small, privately owned plantations consisting mainly of eucalyptus and other agroforestry species (e.g. Calliandra sp., Grevillea robusta, Cedrela sp.) mainly used to meet domestic requirements. Energy wood demand in Burundi is high, representing around 6,115,000 m3 or 97% of the total annual volume consumed, with the rural populations alone accounting for 90% of this consumption 41 . Burundi imports timber to meet its domestic demands, mainly from Tanzania and the DRC. Forestry Regulation in Burundi The management of forests and forest products is the responsibility of the Forestry Department of the Ministry of Land Management, Tourism and Environment. Following 40 41 Ndabirorere, 2005. Besse and Guizol, 1991. Page | 44 Rwanda’s example, Burundi’s Forest Code of 1985 does not charge fees or taxes on cut areas (a reforestation tax), nor does it charge a felling tax. The only taxes are a felling permit (per tree cut) and a forest products transport permit. The transport permit is issued by the Forestry Department and its cost depends on the species concerned and the number of items. Tax income from transport has increased over the past few years, partly due to the growing demand for construction timber. The Forest Code is undergoing reform, this is intended to favour competition within the timber trade, to put in place more strict measures to control legal and illegal logging, and to increase timber revenues. 5.6.2 Trade of Imports from DRC and other Countries Taxes, Procedures and General Overview on International Trade Import taxes from forest products represent 98% of all tax receipts from forest product marketing 42 . Import costs comprise Customs duties (10% of the CIF value for sawn wood), VAT (17%), a computerisation fee (US$ 9.50), an administration fee (5% of the product value), and an entry tax per vehicle entering Bujumbura (US$ 14.50). According to the Customs Department, the value of timber and wood products has increased strongly since 2005, and amounted to US$ 2,224,517 for the period from June 2005 to March 2007 43 . Fibreboard, particleboard and plywood make up 69% of the total value of the imports, with processed wood and other derived products amounting to 22%, sawn wood 5.5%, and sheets for veneering and plywood 3.5%. Imports of Sawn Wood from DRC The amount of forest products imported to Burundi from the DRC and Tanzania has increased 44 , due to an increase in timber demand and the ban on the exploitation of Burundi’s natural forests. COMESA data shows that in 2005, 93% of Burundi imports came from Uganda, and in 2006, 64% came from the DRC and 36% from Kenya. According to the Customs Department 45 , the annual average timber imports 46 are 510 - 620 m3, and 70% of this comes from DRC, 20% from Kenya, 7% from Tanzania and 1% from Uganda. However, these figures are only a fraction of national volumes 47 . Imported timber is mainly used for the manufacture of furniture for domestic use. 42 Ndabirorere, 2005. A value not too dissimilar from the figures recorded by COMESA and BRB of between US$1,200,000 and US$1,800,000 per annum over 2005-2006. However, these data come from Burundi’s Customs and Excise Department’s computer database and include only goods cleared through Customs at Bujumbura port and airport (covering imports via these posts + imports via other border posts that exceed a CIF value of US$500). 44 Source: Ministry of Land Management, Tourism and Environment. 45 For goods cleared through Customs at Bujumbura port and airport only. 46 Calculated from figures for the past 20 months. 47 Observations over the past 12 months at the Kamvimvira-Gatumba border crossing point have yielded estimates of 2900 - 4950 m3 of timber entering Burundi from the DRC per year. 43 Page | 45 Table 19 Prices and cost for timber imported from DRC to Bujumbura (Burundi) versus timber sourced in Burundi, in 2007. Licheche Grevillea 3 (US$/m ) 165 ± 15 (Fizi) 45 ± 10 (Makwa) - 25 ± 5 Tax of export (incl. clearing agent) 30 ± 10 - Tax of import and cost of transport Other costs (transport permit, profit tax, handling, communal tax in Bujumbura) Price of timber in Bujumbura – Direct sale 35 ± 15 5 ± 2.5 5 ± 2.5 250 ± 15 85 ± 10 Price of timber in Bujua - Re-sale on local market 350 ± 25 135 ± 10 15 10 Price of Timber at the production zone Cost of transport in Burundi Estimated Value Added Most of Bujumbura’s tradesmen are supplied with ‘redwood’ - such as Licheche, Muvula or Libuyu - from Fizi or Bukavu in the DRC; the volume of timber bought directly at Uvira remains low because of its much higher price, and mainly concerns small one-off supplies. From Fizi, it is cheaper to haul the timber overland as this keeps both Customs and transport costs down to below the costs of shipment via Lake Tanganyika. Finally, informal trade exists outside of the main trading routes, passing via the Lake and the Ruzizi Plains. Page | 46 6 Trade 6.1 General View The majority of the timber produced in and exported from eastern DRC originates in the Ituri Province. Other important sources are the forests north of the Ituri, and in Walikale and Itombwe to the south (Fig. 2). Most of the timber cut in Ituri passes through Beni and crosses into Uganda at Mpondwe – the largest single trading point in the region for east DRC wood. Timber from Ituri also transits southwards to Goma, passes into Rwanda, and enters Uganda via several minor routes. Timber from the riverine forests in the far north-east of DRC enters Uganda near the town of Arua. The Walikale and Itombwe forest zones supply timber to both Rwanda and Burundi, timber destined for Burundi transits through Uvira on its way to Bujumbura. Almost all of the timber extracted from east DRC remains in east Africa, and the main buyers are Uganda and Kenya. The timber that enters Uganda at Mpondwe is mostly in transit to Kenya, whereas that entering Uganda at Arua is for domestic consumption or re-export to South Sudan. Timber entering Rwanda and Burundi through Goma, Bukavu and Uvira is only rarely re-exported. 6.2 Detailed Trade Routes A summary of the data collected on the main trade routes is presented in Table 20 (below) and discussed in the following sections. Table 20 Timber exports from DRC to Upper Great Lakes region in 2006. DRC exports by origin and destination DRC timber exports to Uganda Volume (m3) 6,071 18,810 Source OFIDA, Mpondwe URA, 7 border crossing points (from Mpondwe northwards) 22,804 URA, 7 border crossing points (from Mpondwe northwards) + Kitoboko/Bunagana border crossing point DRC timber exports to Rwanda DRC timber exports to Kenya 9,040 15,755 18,660 OCC Goma, May-Dec 2006 COMSTAT database, COMESA URA, 7 border crossing points (from Mpondwe northwards) Total exports to Uganda, Rwanda, Kenya 50,504 Source: Aggregate figure from different government statistics and departments. 6.2.1 Orientale and Ituri Provinces (DRC) – North-West Uganda Half of the timber entering Uganda from DRC each year arrives via northern routes. During the years of the occupation and until the end of 2005, most of this timber originated from the Ituri forest, near Nioka south of Mahagi, (then under the control of the rebel FNI), and entered Uganda via Paidha in the Nebbi district. Nowadays, most timber imported to Uganda is sourced in forests near the border with Sudan, and enters Uganda via Lia in the Arua district. Timber from Orientale province enters Uganda mainly through land border crossings and by boat across Lake Albert (Fig.3). Most of the timber traded in this area is not sourced from closed forest, but from a very accessible area of mixed forest close to the Ugandan and Sudanese borders. Page | 47 Figure 2: Timber production and trade routes in the Upper Great Lakes Region, Central Africa. Page | 48 Figure 3: DRC, Uganda, and Southern Sudan regional timber production and trade routes. Page 49 Ariwara – Lia – Arua Based on the analysis of URA customs documents, 10,500 m3 of timber enters Uganda through Lia each year (Figure 3), of which most (8,200m3) is destined for Kampala, and the rest is in transit to Kenya. The vast majority of the timber passing through Lia is Mahogany. Ninety-five percent of the transit shipments passing through Lia are destined for Kenya; the remainder go to UAE, South Sudan and occasionally also India. Timber arriving at Lia and the smaller entry point of Vurra to the south is mostly passing through the towns of Ariwara and Aru in DRC, and being sourced from forests in Aru and Faradje districts, close to the border with Sudan. Mahagi – Paidha – Nebbi The town of Paidha, located between Mahagi and Nebbi in the southern part of NW Uganda, was identified by the UN Panel of Experts in 2001 as a main entry point for illegal timber from DRC into Uganda. A Ugandan UPDF colonel, based in Paidha, seems to still be involved in trading timber from DRC, through his connections with a FARDC officer in Mahagi. Trade through Paidha has diminished considerably over the last year or two, however, and URA documents show that only 100-150 m3 of timber is imported through this town each month. Almost all of this timber is Nkalati and cypress, probably sourced from Lendu forests just across the border. Zeu – Arua – Koboko – Sudan Zeu is a remote town to the north of Paidha, and is also an entry point for timber from DRC. Most of the timber entering Zeu is cheaper softwood, light hardwood and plantation species. Given that this timber is mostly destined for export to South Sudan, trucks tend to head north and pass via the DFO in Arua. URA records show that about 400 m3 of wood are passing through Zeu each month. The area around Zeu on the Uganda side of the border, known as the ‘Lendu forest’ contains large plantations of eucalyptus and cypress. The Ugandan sawmill company Nileply are said to be extracting large diameter eucalyptus logs from this area. Mahagi Port – Butiaba The current volume of timber entering Uganda across Lake Albert is thought to be small compared with that arriving by land border crossings. Any timber that comes from the Mahagi port in DRC, crosses the lake, and arrives at (or near) the small lakeside town of Butiaba. The timber is imported in small consignments in Ugandan-owned wooden vessels, often hidden under other cargo. The timber is unloaded at landing sites along the beach and away from the official URA customs post, stockpiled in sites around Butiaba until there is enough to fill a truck, and then transported to Kampala. Recent field investigations indicate that the trade in timber across Lake Albert has ceased in the short term. Page 50 North Kivu Province (DRC) - West Uganda Kasindi – Mpondwe The largest single exit point for timber from eastern DRC is located between the towns of Kasindi and Mpondwe (Fig. 3). This route is on an almost direct line between the main source of DRC timber (Ituri forest) and the main markets of Kampala and Nairobi. A large field between Congo customs and the URA checkpoint is currently used for timber trading. Around 300-500 m3 of rough-sawn hardwood boards are stored at this site at any one time. Most of the timber is pre-purchased, and some is bought on the spot. Analysis of URA customs documentation at Mpondwe show that 1,250 m3 of Mahogany and Muvule timber pass through each month, 90% of which is in transit mostly for Kenya. The timber is customs-sealed by the URA. According to a number of sources, timber shipments at Mpondwe are usually under-declared by 20 %, in order to provide a consistent paper trail that allows similar under-declaration at the Kenyan border. Boga – Bundibugyo Though the vast majority of timber entering Uganda between Lakes Albert and Edward passes through Kasindi in the south; a second, smaller route also exists further north between Boga in DRC and Bundibugyo in Uganda. Timber passing through this route is often sourced from nearby forests in the Ruwenzori range. The area in the Semiliki Plains between the two towns has seen sporadic fighting in recent months on both sides of the border. The Fronts des Resistances Patriotiques en Ituri (FRPI) remain active near Boga, while Ugandan government forces have been fighting rebel groups the ADF and NALU. Ongoing fighting prevented field visits on either side of the border for the purpose of the study, and the central Ugandan authorities had received no data from officials there for some years. Based on rough guesses from knowledgeable traders interviewed elsewhere, it can be estimated that at most around 1,500 m3 of timber enter Uganda through Bundibugyo each year, with about two-thirds in transit to Kenya. Rutshuru – Bunagana - Kabale Based on the ECNEF figures from Rutshuru, in 2006, 3,994 m3 were exported to Uganda, mainly through the Bunagana border post (the rest through Ishasha, further North). Unlike wood entering Uganda elsewhere, this timber is apparently mostly consumed outside Kampala, and is instead sold in towns in the south-west of the country where it enters, including Kabale and Mbarara. However, because of recent high levels of insecurity in this area, it is currently difficult to draw a more detailed picture of the trade. During such periods of heightened conflict, there is some indication that timber from Rutshuru is re-directed southwards into Rwanda. 6.2.2 Through DRC to Rwanda and Burundi More than 90% of all timber imports into Rwanda from the DRC come through Goma and enter Rwanda at Kisenyi (Fig. 4), most wood comes from Ituri. The second most important crossing point is Shangugu in the south, and timber crossing here originates from Bukavu. Page 51 Only a very small amount of timber (from plantation-grown, low value tree species) comes into Rwanda through border crossings other than Kisenyi and Shangugu, and it is mostly used by workshops close to the border. Burundi also imports timber from east DRC. Traditionally, the main entry points have been Uvira, Bugarama, Minago, Rumonge, Nyanza, and the lakeside towns near Bujumbura (ARD, 2003; Fig. 4). Nowadays, most Bujumbura traders receive timber via the Kavivira-Gatumba Customs post. Timber arrives at Kavivira from Bukavu and Fizi. The timber from Bukavu comes from Walikale, whilst that from Fizi is sourced in Itombwe. Limited amounts of timber are also shipped across the lake: because of the high handling and Customs costs at the Bujumbura port, most that follows is traded from the port of Baraka near Fizi in DRC to Rumonge on the eastern shore, with onward travel to Bujumbura via truck. Other minor timber routes exist, in particular across the Ruzizi plain to Bugarama (the border post between the DRC, Rwanda and Burundi) or via Kiliba (a small border crossing point about 20 km north of Uvira). The latter route connects up to Gatumba and then Bujumbura, bypassing the Kavivira Customs post. Timber imports to Burundi from Tanzania arrive either by boat from the ports of Kigoma and Rumonge and then by truck to Bujumbura 48 , or by road via Mabanda. It also appears that a relatively large amount of timber leaves the DRC from Fizi destined for Tanzania, via Baraka, Kalemie, and Kigoma. Burundi’s local government and rebel groups have in the past logged protected areas in DRC to finance their operations (ARD, 2003). 48 It is more restrictive to use Bujumbura port as it is more expensive due to the high transport and handling costs. Page 52 Figure 4: DRC, South Uganda, Rwanda, and Burundi regional timber production and trade routes. Page 53 6.3 And beyond the Bordering Countries? What is the destination of timber leaving DRC and South Sudan to Uganda? Most of the Sudanese plantation Teak transits onwards to India and Pakistan; 50% of the natural forest timber is consumed in Uganda and most of the remaining 50% is consumed in Kenya. Only a minority – between 5 to 10% – of the timber exported from eastern DRC is for the international market outside of the region. However, DRC national timber exports in 2005 amounted to 235,970 m3 of logs and 15,250 m3 of sawn wood (FAOStats). The total value of EU timber imports from the DRC amounted to € 67 million in 2005. France, Belgium, and Portugal together accounted for € 51 million 49 . The Example of African mahogany (Sapele) This study uses African mahogany to illustrate the last stages of the timber export from eastern DRC. African mahogany is a typical example as it is one of the two most common commercial timber species exported from Africa. Research carried out for this study indicates that most of the timber being exported from eastern DRC is undried African mahogany. In Uganda, African mahogany is classed as an endangered tree species, and its harvesting in forest reserves has been banned by a Ministerial order since the 1990s. African mahogany is primarily used for wood flooring, doors, windows and furniture construction. In foreign markets, Sapele is normally only used for luxury high-end purposes, but in Uganda it is used for more mundane products. Sapele sawn timber and log represent a significant proportion of timber exports by most West African producer states. Most Sapele sawn timber in trade originates in Cameroon. Official trade figures for volumes of DRC Sapele sawn timber exports are not available, but they are likely to represent a majority. 49 Refer to http://www.forestsmonitor.org/en/Timber_in_E_DRC_and_S_Sudan for more information. These figures –as all statistics related to timber export from DRC- need to be taken carefully because data are very often partial and inconsistent. Page 54 Table 21 Exports of African Mahogany sawn timber by selected African countries (2004). Export volume (m3) 218,891 % of total sawn timber exports 21% Central African Republic 34,879 80% Congo-Brazzaville 80,962 67% Ghana 11,000 5% Cameroon Quantity figures from UN COMTRADE for imports of sawn timber from DRC are available in kilograms. Using approximate specific weights for undried timber of the most common species, these can be used to give a rough valuation of US$ 900 to US$ 1000 per cubic metres. Sapele prices have shown a general increase over the last year or so. A particularly dramatic increase of around 9% has been seen for prices of logs at source and for sawn timber in China in the first few months of 2007. Chinese, Indian and United Arab Emirates Markets The main markets for this timber are China and India. In 2005 India registered imports of just under US$1 billion of timber. The largest sources were Malaysia and Burma, followed by West Africa. India recorded no imports of timber from Kenya, Sudan, Rwanda or Burundi during the year, and only a tiny amount from DRC - US$ 12,600 of logs and sawn timber. India did record significant volumes of imports of logs from Tanzania ($ 10.6 million) and Uganda ($ 400,000), however. Table 22 Main international markets and prices of African mahogany (March 2007). Location Shanghai, China Shanghai, China Tianjin, China UK Ghana Ghana West Africa Form Foreign Markets (CIF) 50 mm FAS (Congo) AD 50 mm FAS (Congo) KD 2.2-2.6 m, 5 cm thick 25 mm FAS Source Countries (FOB) FAS 25-100 mm x 150 mm+ x 2.4 m+ AD FAS 25-100 mm x 150 mm+ x 2.4 m+ KD FOB price for Spanish scantlings Date Price (US$/m3) Mar 07 Mar 07 Mar 07 Mar 07 810 - 850 920 - 945 810 780 –810 Mar 07 Mar 07 Mar 07 660 750 725 Source: ITTO MIS. Table 23 India’s imports of timber from the Great Lakes region, 2005. Logs Tanzania Uganda DRC 10,577,662 374,608 6,020 Sawn Other US $ CIF 57,605 197,699 0 0 6,553 0 Total 10,832,966 374,608 12,573 Source: UN COMTRADE. Though timber in transit through Uganda or Tanzania to India from other countries should be registered at import as having come from the true country of origin, it is nevertheless possible that a proportion of the logs India registered as imported from the two countries actually Page 55 originated in Sudan or DRC. Since domestically harvested logs are banned from export from Uganda, while almost no logs are traded out of eastern DRC, it seems likely that the US$ 375,000 of logs recorded as imported from Uganda in 2005 were in fact Teak logs imported from South Sudan. The United Arab Emirates (UAE) reported importing US$ 500,000 of logs and US$ 300,000 of sawn timber from DRC in 2004, the first year in which the UAE recorded imports of wood from the country. It is impossible to say with any confidence what proportion of this timber may have arrived via the Great Lakes, though it is likely to be very small. Imports of sawn timber from Tanzania grew three-fold from 2003 to 2004; while 2004 was the first year that UAE imported logs from the country. Table 24 United Arab Emirates’ imports of timber from the Great Lakes region, 2004. Logs Tanzania DRC Kenya Uganda Sudan 122,345 493,460 3,309 32,533 0 Sawn Other US $ CIF 916,900 19,402 294,484 145 0 104,807 0 0 0 712 Total 1,058,647 788,089 108,116 32,533 712 Source: UN COMTRADE (2005 data not yet available). Page 56 7 The Impacts of the Timber Trade on Poverty in East DRC This chapter attempts to shed light on the impacts of timber production and trade on poverty and conflict in eastern DRC through the various parts of the supply chain, from production to export. - Section 7.1 evaluates the contribution of the forestry sector to economic development and analyses the key players and their respective roles in the various stages of the supply chain (production, transport, local markets, and export). - Section 7.2 in turn evaluates the contribution that each of these stages makes to the price of timber as it is exported to Kenya, Uganda, Rwanda and Burundi. - Section 7.3 investigates how the forest sector contributes to conflict, and draws conclusions on why local communities derive little benefit from timber trade. 7.1 Map of Key Players Various interest groups (players) within the timber sector interact with each other in complex ways, depending on the particular situation. An analysis of the timber supply chain reveals thirteen general categories of player: 1. Land chiefs, nobles and customary chiefs; 2. Small-scale artisanal loggers and logging companies; 3. Agents, operators and workers at the cutting areas: machine operators, pit-sawyers, bombeurs and loaders and logistics managers; 4. Private timber hauliers: ACCO, FEC; 5. Timber dealers; 6. Carpentry shop owners and other wood craftsmen; 7. State technical and other services specialised in the timber and taxation sectors: ECNEF, OCC, OFIDA, DAE, External Trade, DGRAD, ANR, DEMIAP, PIR, PSR, Fraud Squad, ICCN; 8. Merchants, traders, agents, brokers (buyers/sellers); 9. Timber sector NGOs (ASBL): AEFOSKI, COODES, AMEKI, COVEB, APENB; 10. Local NGOs and other Civil Society structures working in the environment sector: CREF network (members), local churches; 11. International NGOs working on natural resources e.g. WWF, WCS; 12. The Military and Armed Bands; 13. Local communities: e.g. agents, workers, towns, villages, communes. The supply chain itself can be broken down into three main stages: • Stage 1: Production zone; • Stage 2: Market and local sale; • Stage 3: Marketing for export. The following table summarises the roles of the various players, with stage 1 having been sub-divided into two parts, timber production in the forests and the transportation of timber to timber yards. Page 57 Table 25: Map of players involved in the timber supply chain, Great Lakes Region, Central Africa. Player category Category Description Production 1. Local chiefs, land chiefs, nobles and customary chiefs Local authority figures who rule the land by virtue of local customs, laws and traditions 2. Forest operators: Small-scale tradesmen and logging companies Agents, operators and workers (under temporary or permanent contracts) Operators awarded permits to log the forests on a small or industrial scale 3. 4. Private timber hauliers - Organised into teams of cutters (pitsawyers, slashers, chainsaw operators); - include machine operators, bombeurs,handlers, and logistics managers. - ACCO (Congo Drivers Association) haul 80% of all the country’s timber; - FEC (Federation of Congo Businesses) owns the vehicles - Receive requests for forest concessions and permits; - Decide in the name of their peoples to grant and sign permits; - Decide the species, trees, and areas to exploit - Cut, dress and transport the timber Roles and responsibilities Delivery/Transport Markets/towns/timber yards Export Possible interventions Better awareness of principles of sustainable management - Often transport the timber themselves to point of sale; - Sometimes work with other hauliers Some have their own sales yards in town or at their sawmills (e.g. ENRA) Some have sales licences (e.g. ENRA) Institution of exploitation methods that are fully legal and observe standards Improve their living conditions (health and safety) Extract timber ACCO has vehicle hire agreements with timber traders; the vehicle owners are more in contact with their drivers this way; The poor and dangerous state of roads increase the bid prices of the agreements The haulier delivers the goods to the agreed destinations, usually the timber yards The haulier takes the goods to the export port - Increase the safety of the roads into the forest; - Undertake road improvement works Page 58 Table 25 Map of Players (Continued) Player category Category Description 5. Timber retailers and wholesalers Shop owners, timber storage yard operators and owners either in towns or in rural areas where timber is stocked or gathered for onward sale 6. Carpentry shop owners and other wood craftsmen State technical and other services specialised in the timber and taxation sectors Mainly privately-owned businesses managing the workshops 7. 8. 9. Merchants, traders, agents, brokers (buyers/ sellers) and exporters Timber sector NGOs (ASBL) - Forests and environment sector: ECNEF, ICCN, FRCF; - Taxation services: OCC, OFIDA, DAE, External Trade, DGRAD, Anti Fraud; - Security services: DGM, ANR, DEMIAP, PIR, PSR - Buyers acting alone or through merchants, brokers or agents; - Private customs facilitation agencies, particularly for export; - Exporters who are not producers/operators Local timber production and marketing associations: AEFOKI, COODES, AMEKI, COVEB, APENB Production The forest operators store their produce as they see fit Tax collection - Negotiate the quality and quotas of timber with producers/operators according to market conditions (domestic and external) - Provide financing to cover up-front costs of timber extraction and transport; sometimes also provide equipment Production of timber according to the associations’ objectives Roles and responsibilities Delivery/Transport Markets/towns/timber yards - The haulier and the agents follow management policies and procedures, and work with the State’s Finance and Economy services. - Sometimes theft occurs Very active in the wood trade, especially furniture manufacture and woodworking - Tax collection - The collection of taxes - Inspection of - The fight against packages and underdeclarations of timber goods transported volumes against transport documents Major issues Exports are rare - Work with ACCO hauliers to source vehicles for least cost transport. Make all necessary contacts to have stocks according to sales orders. Negotiate with various services to pay as little as possible to export. Collaboration with agents Some export directly where needed. Export - improve security to prevent theft or confiscation by armed groups and government agencies - The collection of taxes - The fight against fraud and fraudulent declarations Secure energy source (instability of SNEL) for decreasing machining costs (e.g. electricity generators), - Maximisation of tax income - Observance of the Law - Management of timber and tax information with concerned parties - Management of mediators in fraud cases Reduction in the number of buyer/seller middlemen to stabilise prices. -Tariffs are negotiable when the customer is trusted to pay Contact with haulier and driver associations - Support the network of organisations - Training for associations representatives Page 59 Table 25 Map of players (Continued) Player category Category Description 10. Local NGOs and other civil society groups working in the environment sector CREF network and members, local churches, other NGOs 11. International NGOs working in the natural resource sector Donors: WWF, WCS, Forests Monitor and others 12. The Military and Armed Bands - Military officers intervene in the timber trade - Local and foreign militia use local populations for timber trading 13. Local communities - Pygmy populations - Villagers - Young people - Women Production - IECCC works for the sustainable and equitable management of forest resources - Requests to the operators/producers to maintain rural roads - Lobbying and requesting monitoring timber/charcoal production; - Lobbying for good natural resource management - Influence peddling to access rare timber species; - Negotiate the purchase of timber with producers/operators - Often taken as workers or agents (i.e. local labour); - Many children work in the timber sector as labourers; - Women recover timber waste for use in the kitchen Roles and responsibilities Delivery/Transport Markets/towns/ timer yards - Forcing unpaid labour to move timber from forests to roads; - Sometimes intimidation and influence peddling to rent lower-cost vehicles from owners/ACCO; - Intimidation of other law enforcement forces - Use roadblocks to collect informal taxes on timber in transit - Children in particular are made to work as bombeurs and handlers - Sometimes purchase of reserve stocks at a price that is too low; - High level of surveillance of their warehoused timber; - Purchase without a licence. - Bombeurs and handlers; - Buyers of timber for furniture and other domestic uses Major issues Export Fight for the observance of timber export standards Promote the IECCC in the management of forest sector activities and stakeholders Lobbying and calling for legality and equitable international trade Promote conservation; fair, equitable and sustainable trade. - Export often illegal, intimidation - Influence peddling at border crossings; - Between May and December 2005 at Kasindi, 75% of illicit exports (188.84 m3 out of 254 m3) were carried out by high ranking military officials -Limit influence peddling in illegal timber trade and fraud; - Improve the security of forest logging areas Consider the interests of local communities in Forest Management Page 60 7.2 Assessing the Economic Contribution of Timber Production and Trade 7.2.1 Definition and method To assess the contribution of timber production and trade to the economy of eastern DRC, the first step is to establish the distribution of rent income from the forestry sector: The amount of value added generated by timber production in the eastern DRC or in the DRC as a whole. Value is added to a basic product (in this case wood) by felling, processing, transporting and marketing it. The value added generated by timber production can be compared with the GDP of the DRC as a whole, or of the eastern DRC, to assess the relative contribution of timber production to the (national or regional) economy. When products are exported, the export value and the export volume determine the market value generated by the sector. This market value consists of the market value of inputs plus the value added generated. The distribution of value added among the participants in the (national or regional) economy. There are various mechanisms for the distribution of value added to different participants in the economy, the payment of wages to people employed in the timber production, processing, and trading sector is very important. Other mechanisms are the payment of interest and dividends to providers of capital, collection of taxes in combination with public spending by public authorities, and payment for services to companies and individuals outside the timber sector (e.g. transport companies, fuel suppliers, machinery suppliers). Whilst the amount of value added determines the contribution of timber production to economic growth, the distribution of value added to the national or regional population determines the direct contribution of the timber sector to poverty alleviation and indirectly – to economic stabilization. The first determinant of the evenness of distribution of value added is the percentage of added value which is paid out as wages by companies in the forestry sector and their suppliers. The key factor is the number of people earning a basic wage in this sector relative to the population. Additionally, it is very important to assess what percentage of the added value generated is remitted as taxes, and what percentage of these taxes is invested in social and economic development such as schools, healthcare, and infrastructure. In summary, to assess the direct contribution of the forestry sector to poverty alleviation, two values are calculated: - The Total Value added (TVA) to compare the profits (governmental and private) with inputs (goods, labour etc.) - The Other Value Added (OVA) to compare the governmental profit with private profit. 7.2.2 Value added along the different steps of the timber supply chain The distribution of value added was calculated in four different market places (DRC, Uganda, Rwanda, and Burundi) along the four main steps of the timber supply chain: - Step 1: Production zone in east DRC - Step 2: Market and local sale in east DRC - Step 3: Border point sale (export) in east DRC with neighbouring countries Page 61 - Step 4: Sale abroad (export) in Burundi, Rwanda, Uganda and Kenya This method allows the comparison of the economic gain in DRC versus that in neighbouring countries, and also establishes which steps are the most/least profitable and to whom it may be so. Table 256 Steps in Value Added to Timber Step 1 Production Zone Step 2 Market and local sale Step 3 Border point sale Step 4 Sale abroad 50 DRC to Burundi DRC to Rwanda DRC to Uganda DRC to Kenya Walikale (felling and sale) Mambasa (felling and sale) Mambasa (felling and sale) Mambasa (felling and sale) Walikale – Uvira (transport and sale) Mambasa – Goma (transport and sale) Mambasa – Beni (transport and sale) Mambasa – Beni (transport and sale) Uvira – Bujumbura via Kamvimvira (export, import, transport and sale) Goma – Kigali via Gisenyi (export, import, transport and sale) Beni – Mpondwe via Kasindi (transport,(export, and sale) Beni – Mpondwe via Kasindi (transport, export and sale) Mpondwe – Nairobi (transit through Uganda, import Kenya, transport, sale) Mpondwe – Kampala (import, transport, sale) The Total Value Added (TVA) is determined by the following formula: (1) Total Value Added = Market Value – Value of Inputs Where, Market value = the market value of timber sales recorded in the different market places. Value of inputs = the costs of machinery, fuel and other inputs needed to produce and/or transport timber products. During production (Step 1), inputs include workers’ salaries, transport and material costs (fuel, maintenance); whereas for the rest of the supply chain (Steps 2, 3 and 4), inputs take into account only transport costs 51 . The Total Value Added (TVA) can also be distributed between the direct profit (Other Value Added, OVA) and the “government profit” (Taxes). The TVA includes wages and taxes, legal and illegal profits of companies (loggers and traders among others) and non-tax payments to officials, armed groups, and others (i.e. corruption, distortion). The amount of ‘tax’ payable along the different steps of the supply chain is therefore calculated according to the amounts actually paid, knowing that these amounts will vary according to the particular arrangements between the parties concerned. This can be resumed by this final formula: (2) Other Value Added (OVA) = Total Value Added (TVA) -Taxes We assessed the TVA (expressed in US$/m3 of wood) by extrapolating the sums of money due per truck, per hectare, or per year 52 ., we propose the table below. The TVA is in part the result of the To assess value, the main class 1 tree species exported is used: the African mahogany (Linzo or Khaya anthotheca), Sipo and Sapele (Liboyo or Entandrophragma sp.), and Iroko (Punga, Muvule or Milicia excelsa). 50 This table addresses the main trade routes; not all trades routes could be covered (e.g. through north-west Uganda). Selected production zones and markets are used for this case study. 51 This implies that inputs could be slightly underestimated and the OVA overestimated. 52 For more detail see section 5.1.6 (DRC), 5.2. (Kenya), 5.3.3. (Uganda), 5.5 (Rwanda), 5.6. (Burundi). Page 62 Table 27 (a) Total Value Added (TVA) and Other Value Added (OVA) along various steps of the timber supply chain, by country; (b) TVA and OVA along the timber supply chain, by country: steps 1,2,3 relate to DRC, and step 4 to the importer country. Value added (US $/m3) (a) Step 1: Felling, sawing and transport to road side in DRC forest area Market value Inputs = machinery, fuel, transport, employment Rwanda via Goma Burundi via Uvira Uganda via Kasindi Kenya via Kasindi 137 125 125 125 88 88 88 88 Total Value Added (TVA) 49 37 37 37 Taxes = for logging and sawing Other Value Added (OVA) = TVA - taxes = profit, others costs 10 39 10 27 10 27 10 27 286 300 226 226 75 211 42 258 30 196 30 196 Taxes = for transport and sale 31 70 50 50 Other Value Added (OVA) = TVA - taxes = profit, employment, other costs Step 3: Purchase and export (+ Re-sale at the frontier for Uganda and Kenya) Market Value Inputs (transport) Total Value Added (TVA) 43 63 21 21 276 15 261 276 15 261 Taxes (export) Other Value Added (OVA) = TVA - taxes = profit, employment Step 4: (Purchase) import and re-sale in the importer country Market value Inputs = transport Total Value Added (TVA) 30 15 30 5 30 5 537 15 522 533 20 513 569 35 534 550 90 460 Taxes = import taxes 85 85 47 Other Value Added (OVA) = TVA - taxes = employment, 121 113 211 profit, other costs Source: Aggregate figures from communication with traders at different levels in the trading chain. 45 139 Step 2: Purchase, transport and sale at the local market Market Value Inputs = transport Total Value Added (TVA) (b) Value added (US $/m3) Value of input DRC (steps 1,2,3) Taxes (steps 1,2,3) Other Value Added (steps 1,2,3) Total Value Added TVA DRC (steps 1,2,3) Burundi 163 71 82 153 Rwanda 130 95 90 185 Value of input (step 4) Taxes (step 4) Other Value Added (step 4) Total Value Added TVA Neighboring countries 15 85 121 206 TVA Whole chain= TVA DRC+TVA Neighboring countries TVA DRC/TVA Whole Chain (in %) Taxes DRC/TVA DRC (in %) (Taxes/TVA) Neighboring countries (in %) Uganda Kenya 133 90 53 143 133 90 53 143 20 85 113 198 35 47 211 258 90 45 139 184 359 383 401 327 43 46 41 48 51 43 36 63 18 44 63 24 Page 63 The TVA amounts to US$ 143 - 185 per m3 of wood in the DRC, as opposed to US$ 184 258 per m3 for importer countries. TVA in the DRC amounts to just 36 to 48% of the TVA along the complete supply chain. It is important to note that all taxes represent between 46 and 63% of the TVA in the DRC – depending on which timber export routes are taken – as opposed to 41 to 43% for Rwanda and Burundi, 18 % for Uganda and 24% for Kenya. In conclusion, the profits generated by the forestry sector benefit the importer countries more than they do the DRC 53 . Most of the TVA generated in the DRC is levied in the form of taxes. Given that there is no redistribution of tax revenues at the local level (territory, province), it is likely that only a small proportion of DRC’s TVA is invested in the economic and social development of the region. The TVA of the forestry sector in eastern DRC is estimated at US$ 6.5 million per year, taking into account official figures of sawn timber export volumes 54 . It is impossible to provide an accurate assessment of the importance of the forestry sector to eastern DRC’s economy, due to a lack of good regional data on GDP. However, it is probably very important in terms of TVA generation, especially after timber for local consumption (for fuel wood and charcoal) is considered. The contribution of the forestry sector to TVA could be even higher if the timber was processed; at the moment timber is exported predominantly in unprocessed form. The contribution of the timber sector to local development would increase considerably if taxes levied were locally redistributed and spent on items such as schooling and sanitation. 7.3 Implications of the Timber Trade for Local Communities The benefits of the timber trade for local communities remain very limited despite all the economic spin-offs that could arise from the exploitation, transformation and sale of timber. The arrival of logging companies raises expectations in terms of employment opportunities and improved healthcare and education, roads and commerce, but all too often these expectations are not met. • Very little direct employment is generated; work is often carried out under difficult conditions. ENRA is the only industrial enterprise in the study area and has 23 employees associated with felling operations and a further 51 involved in timber processing. Other enterprises are smallscale pitsaw operators (250+ individuals in the Mambasa-Beni area and another 250+ in Walikale-Itombwe) and cross cutters (100+ in Mambasa-Beni) 55 . Salaries are low, for example a Bukavu pitsawyer earns US$ 1 per timber board. Virtually no employment is generated within forest areas and communities. In the Mambasa-Beni area, less than 10% of workers come from local communities, even the bombeurs, the least qualified of employees, come from outside logging areas. 53 For more information see http://www.forestsmonitor.org/en/Timber_in_E_DRC_and_S_Sudan. Only the lowest of the official volumes figures have been taken into account here (3,000 m3 for Burundi, 9,040 m3 for Rwanda, 22,800 m3 for Uganda and 18,700 m3 for Kenya). Considering the volume that appears to actually be exported, these figures can easily be doubled or more. 55 The harvesting and sale of fuel wood most certainly employs a good few thousand additional individuals, with tens of thousands of individuals employed nationally in this way (FAO, 2007). 54 Page 64 In addition, working conditions are often difficult with very little social protection. An analysis of the observance of the social responsibilities of a company (CREF Network, 2005) revealed that: - Few operators draw up written employment contracts; - Even where a contract exists, it is not always executed in accordance with current social legislation, especially with regards to the conditions surrounding termination of employment; - Health and safety at work is precarious, especially for those living in the forest. Various workers associations linked to the forest sector, such as the Mambasa Region Bombeurs Association and the Bukavu Association of Operators, have emerged to protect the rights of those employed in the timber sector and to limit unjust informal personal taxation/racketeering practices. Indirect employment is more abundant: thirty or so small carpentry workshops depend on ENRA as a wood supplier. For example, the Confédération du Monde des Artisans de Bukavu (or Bukavu World League of Craftsmen) has a membership of 400 carpenters. The League enables the collective purchase of timber from logging companies and the possibility of taking on large orders, such as for school furniture in the case of a Belgian cooperation programme, or healthcare furniture for an order placed by the UNDP. However, the purchase of a wood drying kiln has not been possible as this requires a large capital investment. Further research should be conducted into the current state of regional and national trade unions (i.e. bombeurs, scieurs de long) to inform plans to develop coordination and involvement in supporting increased income at the lower levels of the employment chain. They could play an important role in providing training to increase efficiency and quality and decrease wastage of timber in the forest, as well as supplying information on the standardisation of timber lengths and on legal procedures and requirements. The 2005/2006 report of the International Confederation of Free Trade Unions – Africa Regional Organization (ICFTU-AFRO) identifies 13 national DRC trade unions but outlines that due to insecurity, the influence of unions had dwindled to the point where they are unable to defend labour rights. Sudan has only one trade union, the Sudan Workers Trade Union Federation (SWTUF), which is largely government controlled. Other unions are banned, and violations against the Sudan’s Labour Code are severely punished. In Uganda, the National Organization of Trade Unions (NOTU) is affiliated with the International Trade Union Confederation. • Meagre economic spin-offs The presence of logging teams in the forests does not automatically result in business for local communities, given that purchases of local supplies are limited to perishable foods, with the rest usually being bought in the nearest towns (Beni, Bukavu) by the logging site manager. Interim financing is widespread in the production areas, but places logging companies under pressure and gives the merchants the opportunity to force prices down. However it also gives the logging company the cash it needs to carry out logging operations and transfers the risk of failure to the merchant. This interdependency between the producer and the merchant is therefore very strong; however, unfortunately the balance of power is often tilted one way. Customary chiefs who – by virtue of their chieftainship – grant “timber permits” in the name of the whole of their community, find it difficult to obtain financial returns. In the MambasaBeni area a timber permit granted to a logging company by a customary chief is US$ 5 per hectare plus a cow (US$150 -250). Page 65 • A qualitative and quantitative deterioration of forest resources Local communities see the impact of logging practices, which do not allow the forest to regenerate naturally or the nutrient cycle to be maintained. “Everything is in the process of disappearing, beginning with the animals, the caterpillars, the mushrooms, even the honey. These things will never return” (RAPY community leader, 2005). Industrial logging is often perceived by local people as a cause of impoverishment. Selective cutting of a few very high value trees per hectare for export results in the waste of a huge amount of exploitable timber. Research by the GLHRP (2006) has shown that in a forest of 200 hectares, about 395 m3 are harvested (around 3% of the potential exploitable). The rest (10,955 m3) is simply left abandoned on site 56 . These first cuts generally result in the cutting area being subsequently burnt for conversion to agricultural use, often by migrant or displaced people, which causes conflict with local communities. There is an attempt to set up networks to monitor the proper use of natural resources. For example, the Natural Resource Network (or RRN) which is coordinated from Kinshasa by CENADEP (the People’s National Education and Development Support Centre), has ‘focal points’ in each province and territory in North and South Kivu. These ‘focal points’ are responsible for disseminating and collecting environmental and social impacts of natural resource extraction. A soaring population growth combined with the influx of refugees and displaced persons accentuates the pressure on forest ecosystems. For example, in March 2007 the OCHA recorded 94,000 displaced persons and returnees in the Kalehe territory of the Walikale forest region, more than 100,000 in the Rutshuru territory and almost 150,000 in the Irumu territory. In just these three territories, the level of fuel wood consumption is 257,000 m3 per annum 57 . This study uses mainly witness statements and document searches for its analyses, and we acknowledge the need for a more in-depth study of the aspects mentioned above, in particular the impact of fuel wood consumption on local forests. • Harmful effects on human health The relationship between the incidence of malaria and deforestation has long been established. The United Nations notes that ‘Trends ranging from forest clearance to climateinduced habitat changes also appear to have impacted certain populations of mosquitoes, ticks and midges, altering transmission patterns for diseases like malaria and lyme disease’ (UN, 2005 58 ). Moreover, high concentrations of male workers, often with low levels of education, and enjoying regular cash income in places where the income of female population is very low, increase the rate of HIV transmission in the local communities (Counsell, 2007). Implementing a long term project to increase the contribution of the timber trade to local communities should: - Capacity-build stakeholders from local communities; - Explore ways to develop community-based forestry; - Measure the impacts of logging practices on the health of individuals and their local communities. 56 The logistical difficulties and the cost of transport as a proportion of the total price of the timber increases the pressure to fell very high value timber species. 57 Delvingt (1994, in Ministry of Planning, 2000) estimates the annual consumption of fuel wood for a population of 750,000 refugees to be 560,000 m3 (Ministry of Planning, 2000). 58 Despite net gains, humans’ treatment of nature significantly threatens health, UN News Centre, consulted April 2007, http://www.un.org/apps/news/storyAr.asp?NewsID=16874&Cr=health&Cr1=&Kw1=health&Kw2=malaria&Kw3 =forests Page 66 • Land and related legislation issues: The creation of national parks and reserves has forced people to leave their customary lands and reduced the amount of land available for local communities to live on, whilst generating new territorial conflicts. For example, Ninja’s local communities are in conflict with the Kahuzi-Biega National Park authorities due to the extension of the buffer zone which increased from 60,000 to 600,000 ha between 1966 and 1975. In both North and South Kivu, major stretches of land will be bought up for agricultural use, which will then lead to serious tension between livestock farmers, crop farmers and foresters. Timber merchants accuse farmers of destabilising the market by selling cut timber from their clearing operations at prices below those achievable by the logging companies (Department of the Environment staff member personal communication, Bunyakiri-Hombo, 2007). There are also many inconsistencies between local and customary land rights versus existing laws and institutions. The lack of clarity between traditional land ownership rights and current legislation does not benefit the majority of the population, rather it favours a few. “In Ituri, there isn’t a hectare of land left which isn’t subject to some customary right of ownership or other, despite the fact most of the forest is described by local decision-makers as being effectively unoccupied” (Long, 2007). Page 67 8 Conclusions and Recommendations The timber trade in eastern DRC supplies the construction industry in the region and provides employment. Due to poor governance, however, the revenue generated by the timber sector is only a fraction of what it should be, and its distribution and use are often questionable. Timber extraction contributes little to the economic development of rural and forest dependent communities in eastern DRC, and does not follow any form of forest management strategy. Therefore, the long term potential of the timber trade to support economic development both in the DRC and the region is unclear. The major conclusions of this study and associated recommendation for action are presented below. 1. Conclusion: There is little social justice in forest exploitation in eastern DRC. This situation is contributed to by the lack of clarity regarding legal rights of access to standing timber (trees) and a lack of adequate mechanisms for the allocation of logging permits. It is essential that rights of access and permit allocation mechanisms are clarified, and that legal instruments can be developed to support them. Until then, the timber cut and traded will continue to be acquired outside established legal procedures and will provide limited returns to forest communities. Action: Organise meetings and workshops with relevant government, private sector and civil society stakeholders in DRC to: 1) Present the current forest policy – as per the shared vision of the central government and the donor and NGO community 2) Inform them of the current legal procedure for the allocation of forest concessions and tree cutting permits at the national and provincial level 3) Consult on forest policy direction and development, particularly on the participatory development of the forest zoning plan to ensure that local people’s forest use/ownership rights (including indigenous peoples) are recognized, and the interface between macro and micro level land use planning is clear. In preparation for these meetings we recommend the production of briefing documents on the different subject areas to be discussed. These documents should be recognised and accepted by the government at the national and provincial level, and be drafted by a small working group which includes representatives of the main stakeholder groups mentioned. A website should be created for the civil servants, traders and civil society, to increase the transparency, of the process. Once the procedures on registration and cutting permits have been clarified, transparency could be further increased by including in the website details on the logging concessions, authorised traders, laws, registered forestry companies and shareholders and other required information (e.g. market flow volumes and prices published by Central Bank in each Province). Local press communications should also document the above. Page 68 2. Conclusion: The procedural requirements of the trade regime in DRC need to be clarified, including the identification of the authorities that the legal responsibility to control trade in timber 59 . The under-declaration of DRC timber by traders and the under-valuation by officials upon the arrival of timber at the main markets of Uganda and Kenya, is resulting in substantial loss of tax revenues. Since the losses are small as a percentage of overall revenue collection, these countries may be reluctant to make recovery a priority, but efforts should be made to overcome this reticence. There is also confusion among traders and among different parts of government in Uganda about the exact regulations governing imports, transit shipments, domestic harvesting and export. 60 Action: With relevant support, the DRC government should produce an official communiqué detailing all institutional responsibilities, taxes, and identifying the laws on which they are based for the trade to be legal i.e. a vulgarization of texts by the Governmental services and the FEC. Seminars should be organized for the dissemination of information to traders, customs officers and other enforcement agencies in both exporting and importing countries to build awareness and enhance enforcement. This work should be undertaken in parallel with action proposed with conclusion 1 which is targeted at policy development on forest rights and considered separate. The Ugandan and Kenyan governments should be informed of the process and results and should undertake its own capacity building and monitoring programme to ensure that a greater proportion of the revenue on timber arriving from DRC is captured. The Ugandan authorities should urgently clarify the appropriate regulations governing harvesting and trade of timber in Uganda, and publicise them to DFOs, URA officials, and traders. 3. Conclusion: Armed groups continue to be involved in the timber industry, including timber trade and transport, although the role of the timber industry in funding and perpetuating conflict in east DRC has declined in recent years. Disputes over the rights to forest resources continue, and are perpetuated by the lack of legal clarity mentioned above. Action: Provide training and ‘outreach programs’ to national armies on aspects related to natural resources, such as rights of local communities, information on legislation related to the natural resource sector and road ‘taxation’. This should include a ‘training of trainers’ programme to ensure the sustainability of such an initiative. The possibility to include this material systematically in military induction and training programmes should be investigated. Arrange briefings to higher level military personnel. Investigate the potential for audits of the use of military equipment such as trucks, to raise and address governance issues within the DRC army. 59 Trade here is taken to mean felling and processing timber, sale, transport and export. It therefore encompasses the taxation regime. 60 For example, can Mahogany and Muvule be legally harvested in Uganda? What timber products can be exported, and does it make a difference if the source material was imported? Do transit shipments need to obtain movement permits from DFOs? Page 69 4. Conclusion: There is no evidence that revenue collected from the forestry sector is delivering significant benefits to local populations. The tax system involves many official and informal taxes levied by different bodies. The system is non-transparent and burdensome for companies active in the timber sector. Action: Following on from the results of the actions above, review the structure of the tax regime with a particular focus on impending decentralisation. Examine revenue collection at the provincial level and redistribution mechanisms, and identify revenue authority toolkits that are most applicable in the region. This should be undertaken in coordination with other donor programs in the region, to ensure that the options identified are consistent with or inform the overarching direction of national fiscal reform. Increasing revenue transparency should be a key objective of the research and solutions proposed. In DRC, identify the mandate and skills of each of the civil services involved and reduce overlap. Simplify the tax system. Support collaboration between the various services in charge of tax collection and of control of technical aspects of forest management. Manage tax revenues at the local level to facilitate local development, notably short-term taxes EAD vs. the local communities of the exploitation areas. Increase transparency in forest revenue receipts at the national, provincial and local levels, especially the 40% area fee at the Provincial and Territory level, through regular publication/public notice mechanisms. In Uganda, improve the calculation and collection of taxes due on timber by training and raising awareness within URA. Each sector must make its own effort to collect taxes if there is to be an impact on tax collection targets at the national level. Following clarification of the procedures, sanctions for non-compliance should be identified together with those responsible for their enforcement. 5. Conclusion: In the current post-conflict situation, considerable quantities of timber are able to pass through DRC’s and South Sudan’s borders without authorisation and documentation; furthermore the rules applied on the ground vary between border posts. Similarly, it is not clear if customs officers at the South Sudan border at Kajo Keji are aware of the moratorium on harvesting and export of Teak and mahogany. Action: Importing and exporting countries should introduce a limited number of official exit and entry points for legal timber, and ensure that wood passing via other routes is intercepted 61 . This should be coupled with precise requirements for legal documentation to accompany timber passing through the legal entry points. Provide MONUC with the mandate to support customs officers in the DRC. Importing countries should ensure that specific export prohibitions in source countries are mirrored in their import regulations, for example if the export of logs is banned in DRC, then Uganda should ban the import of DRC logs. The customs officers at Kajo Keji in South Sudan should be officially informed of the regulations on the trade in teak and mahogany. The initiation and following through of the points above may require a more detailed study of certain aspects of the timber trade, such as the difference between formal, informal and illegal trade, as well as the trade in other forest resources such as fuel wood, charcoal, and artisanal timber use. 61 This is a step taken with some success elsewhere, such as between Indonesia and Malaysia. Page 70 6. Conclusion: There is no adequate documentation, reliable data collection, or independent monitoring of the trade in timber and timber products, nor a chain of custody system. This makes it difficult or impossible to verify the origin or volumes of timber trade. Action: Review chain of custody (CoC) systems operating elsewhere, and implement a CoC system suitable to eastern DRC. Implementation of the CoC will increase the quantity and quality of data for cross checking against the revenue receipts from the forestry sector and provide a statistical base to guide law enforcement and inform the formation of future policies. The evaluation of possible future CoC systems should include a capacity and needs assessment of the monitoring institutions in the DRC government that will be charged with oversight and implementation. In the short term, increase the capacity of local NGOs to monitor forest exploitation, and explore NGO-government partnerships to support governance and generate more data on the forest sector. Representatives of civil society could, for example, be registered as “honorary forest officers” so that they have a right to independently monitor and report illegalities in the timber trade. Lessons from other countries can be drawn from successful examples of this kind of approach. To increase respect for existing official procedures and documentation systems, provide information to traders on the legal procedures required to purchase, trade and export timber (e.g. necessary licenses, documentation required by the producer to assure the legality of the product; taxes to be paid). Disseminate amongst producers and traders information on the sanctions for non-compliance of these procedures. 7. Conclusion: The relocation of the timber market of Kasindi to Uganda, and the ensuing loss of jobs and revenue for DRC has created tension in the area and is a cause for concern. Action: Continue the negotiations started with the “timber conflict resolution meeting” in Kasese, Uganda in March 2007. Identify specific conditions for the return of the market to DRC and introduce an action plan to ensure that these conditions are met. 8. Conclusion: There is currently little knowledge at the village level of forest resource based development options available, or of the true market value of timber at the lowest supply levels. This leads to undervaluation of the resource by resource owners (local communities represented by village leaders), high levels of waste in processing, and over-exploitation. The availability of this short-term and low (cash or barter) income to communities or village elites may also be hampering the adoption of other potential development options. Action: Mount a public education program to raise awareness of the value of forests and the social and environmental functions they serve. Content could be guided through existing or commissioned research. Identify and discuss development options for communities living in forest areas. Identify forms of communication to reach out to local communities in eastern DRC. Research alternative sources of income for local populations, such agriculture and agroforestry development, and non timber forest products, develop markets for environmental services. Support the establishment of cooperatives and micro-credit facilities. Page 71 9. Conclusion: There is no protection for, or formal training of, employees working in the timber sector in the areas of production in DRC. Action: Research trade unions (e.g. bombeurs, scieurs de long) at national and regional levels to examine the potential formation of sector unions, and the role that sector unions may play in the protection of worker’s rights and the provision of training to increase efficiency and reduce waste. 10. Conclusion: There is insufficient forest inventory data to support an evaluation of the ability of forest resources to meet the demands of the trade. Action: Undertake a forest inventory to assess the current state of the natural forests in eastern DRC and South Sudan, and relate the results to the current rates of timber and fuel wood extraction. If the rates of extraction are thought to be unsustainable, governments must act to reduce them, while also examining how to improve the supply of timber from alternative sources, such agroforestry schemes. A work plan with benchmarks and targets should be set. 11. Conclusion: Most timber traded in the Upper Great Lakes region comes from ‘natural’ (non-plantation) forests. The large demand for timber has increased the pressure on natural forests to the point where regional demand for timber exceeds maximum sustainable yield in most countries, except perhaps in DRC. Action: Kenya and Uganda should continue to improve their capacity to meet their own wood needs domestically, in order to reduce their demand for DRC timber. Where best practice in plantation/agroforestry projects can be guaranteed, provide grants to, for example, the Sawlog Production Grant Scheme in Uganda 62 . Any grant support should be conditional on best practices for plantation establishment. Conduct additional research on the supply and demand of charcoal/fuel wood, and on options to mitigate against negative impacts and gain better understanding of harvesting practices in artisanal logging and the informal trade. 12. Conclusion: The vast majority of the timber leaving DRC is undried rough sawn planks. Very little downstream processing occurs. The current systems of cutting, processing and trade result in considerable wood waste and reduce the potential value to the local economy. Action: Research solutions to increase the investment in downstream processing. These solution should consider i) current initiatives to move towards non-extractive forest management and ii) processing installations that are compatible with the anticipated small scale forest rights allocation models, rather than industrial scale operations. Undertake a feasibility study to assess whether it is possible to support registered community groups to: i) Access capital to buy sawing equipment ii) Install kiln drying facilities to increase the value added of timber within DRC. Such support could encourage local communities to demarcate and protect parts of their forests (as part of the forest zoning plan), and to develop longer term forest management 62 http://www.sawlog.ug/ Page 72 plans. Communities that develop and implement management plans should then be eligible to sell their timber in premium markets, such as those which only require minimum FSC standards. Seek investment in technologies and training to reduce waste. 13. Conclusion: Cutting of natural forest timber in East DRC is focused on African mahogany (Entandophragma sp.), which is becoming increasingly rare. Action: Producer countries should list African mahogany on Appendix III of the Convention on International Trade in Endangered Species (CITES) 63 . 14. Conclusion: industrialisation of the forestry sector is inappropriate at this stage, given the weak governance framework in which the timber trade operates. Action: The donor community should support the government in its efforts to maintain the moratorium on the allocation of large scale logging concessions until all of the conditions set for its lifting are met. 15. Conclusion: Donor coordination is crucial to tackle the complex problems surrounding resource extraction and trade in the region. Stronger coordination is required to capitalise on the current peace. Action: Identify relevant governmental representatives in DRC, Uganda and Southern Sudan, and help them agree on a joint action plan for cooperation on forest exploitation and trade. The relevant governments should engage with one another through a suitable regional body (such as COMESA) and link the trade issues identified in this report to international commitments such as those made under the 2003 Africa FLEG declaration. They should agree on a detailed action plan, to include: measures to improve cooperation at border posts, thereby increasing rates of revenue capture and improving governance; the establishment of a principle of mutual recognition of timber production and trade rules; and support for anticorruption activities, such as auditing mechanisms and judicial reform. Failing this, the international community must independently ensure that priority areas for action are consistent across their programmes and strongly advocated for. Priorities for such any initiatives should include a particular focus on good governance, legal reform, including the development of forest zoning plans consistent with the principals of FPIC. A futher priority is capacity-building of relevant ministries and civil society organisations to advocate on, and monitor, forest trade. Help establish a network of relevant civil society groups and local community representatives in DRC, Uganda and Southern Sudan, and assist them to produce a joint plan of action plan. Guarantee the involvement of civil society and local representation through financial and non-financial support, and select national NGOs to disseminate information on policy and law reform. 63 Such a listing is not a ban on trade, but gives importing countries the power to intercept shipments of wood sourced illegally in the country of origin and provides a useful tool for monitoring legal volumes in trade. It can also lead to increased international attention & support (from both NGOs and donors) for ensuring legal & sustainable trade. Page 73 16. Conclusion: There are no requirements on the legal status or sustainability of timber procurement (public or otherwise) in the region. Such a standard is required to create a niche for legally and sustainably produced timber. The lack of the requirements mentioned above means that timber demand from developed countries can yield little incentive to improve the sustainability of the timber trade, and that drivers must be created at a regional level. However, regional Governments procure large volumes of timber as part of development investments, often funded by donors. Governments and donors therefore have a special responsibility to make such timber procurements responsibly. Action: Pursue the introduction of timber procurement standards in both Government and donor institutions and private sector (trade) associations. Initially, the standards demanded from suppliers should be modest - such as the FSC Non-Certified Controlled Wood Standard that requires timber to be sourced from a “non-controversial source” and supplied with proof of Chain of Custody (as outlined in Recommendation 6 above) - and be improved over time. In addition, a commitment should be made by all governments in the region to procure timber for public programmes more responsibly. Adapting internationally defined procurement and trade certification standards would kick-start market-led initiatives for responsible timber trade. In this regard the donors, through budget support and other development programmes, could work with regional governments to set an example for the private sector. Revise the functioning of the FRCF in DRC. Identify best practices for the restoration of degraded forest in private, communal, and concessions land, and also on wood production systems based on agroforestry. 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Page 76 Press All Africa Kenya Imports Timber Worth Sh7 billion, 17 June 2005; Congo Expels Timber Dealers, 21 Nov 2005; Ugandan Rebels Dislodged, But Civilians Not Returning Home, 26 May 2006; Mediation Bid In Timber Case Fails, 28 July 2006; Recently Demobilised Militiamen Re-Arming in Volatile Ituri District, 17 September 2006. African Business A shocking state of ruin, 1 March 2005; Peace in Sudan a trade boom for neighbouring countries, notably Kenya, 7 January 2005; DRC army retakes town, UN says, 24 December 2005. Daily Nation, Kenya loses Sh3 billion annually following 7 year ban on logging, 27 March 2006. East African (The), Uganda's Army Shake-Up Aimed at Winning Kony War, 21 December 2003. Indian Ocean Newsletter, Plundering Congo’s Timber, 28 April 2001. Monitor (The) Otafiire Backs Timber Imports, 2 December 2003; Uganda Can Import Timber From DRC, 1 February 2005; SPLA Soldiers, Ugandans in Timber Dispute, 5 November 2005; NFA gets Shs3 million From Timber Auctions, 23 March 2006; Army Denies Aiding Congolese Rebels, 18 April 2006; Company Director Pins SPLA Soldiers On Timber, 18 July 2006. New Vision Country to Import Timber, 4 December 2003; SPLA Woos Investors to Southern Sudan. 25 June 2005; New Vision, Minister, Army Bosses Names in Timber Scam, 25 Aug 2003; Timber Dealers Evade Tax, 19 September 2003; Kabila Owes Saleh US$ 0.5m, 29 January 2006; Garang’s Son Opens Company in Kampala, 4 October 2006. People’s Daily Online, Roundup: Great Lakes conference opens amid optimism about peace in Africa, December 2006. On line at http://english.people.com.cn/200612/12/eng20061212_331292.html Reuters, Militia opts for reintegration in DR Congo's troubled east, 28 February 2007. Travel Africa Magazine, Situation critical, 2007. GLCSS Weekly News and Analysis, DRC: 2007 Great Lakes Centre for Strategic Studies forecast, 12 January 2007. The East African Nakkazi, Esther, Uganda to build a trade centre in Juba to boost trade, 15 January 2007; Kazooba, Charles, South Sudan and Rwanda to Strengthen Bilateral Ties, 11 February 2007. Page 77