GABON. 1.0 Forêts Communautaires (Community Forests) May 2012 GENERAL COMMENTS

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1 GABON May 0 GENERAL COMMENTS ) are "areas granted by the State to natural or legal persons for a determined period of time". These areas can be designated as registered productive forests or community forests that are assigned, managed, and monitored by a contract between the holder and the State, represented by the forest administration" (Adapted from Essimi and Chimene 00, iii)..0 Forêts Communautaires (Community Forests) General Description Community Forest is a portion of the Rural Forest Domain (Domaine Forestier Rural) assigned to a rural village community so that they may engage in activities or undertake dynamic processes for the sustainable management of natural resources defined in a simplified Management Plan (Art. 56, Law N 6/00; Art., Decree N 0008/004). "Community forests are created (...) in rural forest domain, at the request of a village, a cluster of villages or township when it is of the general interest of the concerned rural village community" (Art. 57, Law N 6/00). In practice, Community Forests have not yet been implemented because the legal framework necessary for its implementation has not yet been approved by the relevant authorities (Written comments by Ondo). Article 56-6, Forest Code of the Gabonese Republic Law N 6/00; Decree N 0008/PR/MEFEPEPN/004 Establishing the Conditions to Create Community Forests; Ordinance N 0/008 Amending and Supplementing Certain Provisions of Forest Code of the Gabonese Republic Law N 6/0 Local or rural village communities who are part of a recognized association Article 56, Forestry Code of the Gabonese Republic Law N 6/0. "A local community is a village entity, a group of villages or townships acting as part of a recognized association" (Art, Decree N 0008/004).

2 Access Article 56-6; Law N 6/0 "No person shall, in the domains of Water and Forests, engage, for non-commercial or commercial reasons, in exploitation, harvesting or processing of any natural product, without prior authorization from the Administration of Water and Forests (l'administration des Eaux et Forêts). However, in order to ensure their subsistence and fight against rural poverty, local communities are entitled to customary uses, as determined by regulations" (Art. 4, Law N 6/00). "The exploitation of community forests is regulated by a simple plan for sustainable management, called Simplified Management Plan, and one or more supply contracts Management Exclusion Alienation (Lease) 0 Written comments by Ondo Alienation (Collateral) 0 Alienation (Sale) llage communities (Art. 6, Law N 6/00). "Revenues from the exploitation of community forests are the property of the community" (Art. 6, Law N 6/00). "The work of delimitation, classification and management of Community Forest is conducted free of charge by the Administration of Water and Forests" (Art. 59, Law N 6/00). Rights are established by a Management Agreement. "The Management Agreement is a contract whereby the Administration of Water and Forest transfers the management of D 4 "The Agreement may be suspended for failure to respect the simplified management D 4 community forest should be consistent with a simplified management plan. As such, they are subject to the W Decree N 0008/004). Rights are established by a Management Agreement. "The Management Agreement is a contract whereby the Administration of Water and Forest transfers the management of a rural forest domain to a given local community" (Art., Decree N 0008/004). The State remains the ultimate owner of the national forest domain (Art. 3, Law N 6/00). The agreement may be suspended for failure to respect the Simplified Management Plan (Art. 0, Decree N 0008/004).

3 3 Duration of Rights (Years) Unlimited "The Management Agreement is effective as of the date of its signing. It lasts as long as its commitments are respected" (Art. 9, Decree N 0008/004). "The Management Agreement [is] a contract by which the Administration of Water and Forests may outsource a portion of a rural forest area given local community" (Art., Decree N 0008/004)..0 Des Droits d Usages Coutumiers (Customary Use Rights) General Description "The exercise of customary use rights must satisfy the personal or collective needs of rural village communities. These needs include: a) the use of trees for timber and dead wood or branches as fuel wood, b) the harvesting of minor forest products such as bark, latex, mushrooms, medicinal plants and edible rocks, vines, c) artisanal hunting and fishing, d) grazing in the savannah and in clearings and the use of branches and leaves for fodder, e) the practice of subsistence agriculture, and f) grazing and water use rights (Art. 5, Law N 6/00; Art., Decree N 00069/004). "The exercise of customary use rights is allowed free of charge in the Rural Forest Domain for members of rural village communities traditionally living near this area and is subject to compliance with restrictive regulations necessary for the management or protection of such an area" (Art. 53, Law N 6/00). "Except for the harvest of dead wood and subject to specific authorizations provided by the text of classification, the exercise of customary use rights is regulated as classifie f a forest or a Management Plan of a production forest must provide a sufficient area within which local populations may exercise their customary use rights" (Art. 56, Law N 6/00; Art. 3, Decree N 00069/004). Access Article 4 and 5-6, Forest Code of the Gabonese Republic Law N 6/00; Decree N 00069/PR/MEFPEPN/004 Setting the Conditions for the Exercise of Customary Use Rights on Forests, Wildlife, Hunting and Fishing; Law N 003/007 on National Parks Rural village communities living according to their ancestral traditions Article 5, Law N 6/00 "The exercise of customary use rights must satisfy the personal or collective needs of rural village communities. These needs include: a) the use of trees for timber and dead wood or branches as fuel wood, b) the harvesting of minor forest products such as bark, latex, mushrooms, medicinal plants and edible rocks, vines, c) artisanal hunting and fishing, d) grazing in the savannah and in clearings and the use of branches and leaves for fodder, e) the practice of subsistence agriculture, and f) grazing and water use rights (Art. 5, Law N 6/00; Art., Decree N 00069/004). "In the areas peripheral to National Parks the exercise of customary use rights, including fishing, hunting, killing and capture of wildlife, agriculture and forestry, plant collection, and

4 4 the collection of minerals or fossils is free, but must comply with the laws in force and, M 003/007). Management 0 The legislation grants use rights only. Exclusion 0 Alienation (Lease) 0 Alienation (Collateral) 0 Alienation (Sale) 0 Duration of Rights (Years) Unlimited Written Comments by Ondo The government can limit or nullify customary use rights, for example within protected areas (Law N 003/007). However, there shall be mitigation measures following the installation of protected areas on ancestral territories and zones of community activities.

5 5 3.0 Contrat de Gestion de Terroir aux Parcs Nationaux (Contract for the Management of National Park Land) General Description A Contract for the Management of National Park Land is drafted by "the manager of a park and a rural village community in the park's peripheral area, and establishes the role of these communities in the conservation of the biological diversity of the park or its peripheral he national park management body before entering into force and must include provisions for the monitoring, management, and maintenance of cultural and touristic activities in the park and its peripheral area" (Art. 9, Law N 003/007). There is no legal document determining how a Contract for the Management of National Park Land is to be implemented. As a consequence, the rights under this tenure regime are not yet clearly defined and cannot be implemented in practice. Law N 003/007 on National Parks Access Management Exclusion Alienation (Lease) Alienation (Collateral) Alienation (Sale) Duration of Rights (Years) To be determined There is no legal document determining how a Contract for the Management of National Park Land is to be implemented. As a consequence, the rights under this tenure regime are not yet clearly defined and cannot be implemented in practice.