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• There is a lack of cadastral information and statistics regarding land and forests tenure, and the activities being carried out in forest areas. The missing cadastral information and statistics is of two forms: the property registration regarding the land, and the information about the uses occurring in those properties. For example, in many cases timber harvesting undertaken on behalf of local communities represents illegal extraction, because the harvesting is occurring in an area that lacks of land property permit; or because the harvesters do not have the necessary documentation to legalize their activity. Very often, too, there is an overlapping of uses for a given area, e.g.: a protected area superimposed by infrastructure built for logging activities, or forest camps established within a protected area (Rügnitz, 2013).
• There are no effective strategies for dissemination and awareness-raising relating to the legal frameworks pertaining to land properties. In terms of the legalization of properties, there is a big difference between the insular and the continental regions, due to the level of knowledge and information. Since the beginning of the cacao exploitation, the insular region was divided into legalized farms for cacao farming and most are still rustic; while there are few examples where property is legally registered in farms of the continental region, due to lack of legal knowledge (Rügnitz, 2013).
• Incremental degradation and deforestation of land and forest, due to lack of empowerment of the communities in relation to their land. The absence of empowerment of the local communities in the decision-making process related to harvesting activities, and negative impacts that directly affect their life conditions are due to the lack of legalization of their land (Rügnitz, 2013).
• The use of the land as private property is not legally documented. Many inhabit land through peaceful or traditional occupation without submitting documentation required by law. When this same space is allocated by the government to a company, problems arise between parties, for example in the case of forest concessions and non-legalized rustic farms (Ministry for Agriculture, Livestock, Forests and the Environment, 2017).
• Exceeding the awarded limits of forest concessions generates conflicts between companies and local communities. This is due to lack of boundaries in the field and overlapping delimitation certificates. Further, it is caused by the lack of training for company workers in the operation and management of forest equipment, such as GPS, compasses, maps or mapes (Ministry for Agriculture, Livestock, Forests and the Environment-, 2017).
Visit the forest area where logging is carried out, to examine the delimitation of the property boundaries on the land, their owners, and their accredited documentation. Crosscheck the documents with the following:
a. Location matches with the boundaries established in the harvesting permit or CAAF and their respective Measurement certificate.
b. Verify on the ground that there is no overlap with areas designated for national parks, or forests within 2 km around villages.
c. Boundaries of the Forest concession/or harvesting area are clearly marked on the ground. (NOTE: A 1-2 metres track around the area shall be in place to delimitate the boundaries).
d. Verify that logging operations are carried out within the boundary delimitation.
• Fundamental Law of Equatorial Guinea (2012)
Article 30. The State recognizes public and private priorities. The right to property is guaranteed and protected without further limitations than those established by law. The property is inviolable, no individual can be deprived of their property and rights, except in the case of public utilities, with corresponding compensation. The State guarantees farmers traditional ownership of the land they own. The law sets the legal regime of public domain assets.
• Law No. 4/2009, dated 18 May, on the land property regime in Equatorial Guinea.
Articles 1, 2, 3, 4, 7, 8 and 9 classify the lands and describe general rules: lands are within the State’s public domain, or private property. The Law recognizes the traditional lands of the village communities, tribes and native family groups, including lands that are usually occupied for residential or agricultural uses, without the intervention of a legal act to attribute property title. However, the President of the Republic must determine the boundary through physical demarcation on the ground.
Chapter II (articles 11–20) includes legal dispositions on how to acquire private property of the lands. Land property is granted and signed by the President of the Republic through a public auction or by direct adjudication, after the corresponding application package has been examined by the competent bodies (Article 11).
Articles 13, 14, 15, 16, 17, 18, 19 and 22 deal with the land properties granted based on an onerous nature. Land concessions are distinguished by croplands (temporary), building, logging, grazing and other public or private uses.
• Forestry Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea. Article 12 describes, land forests classification based on land tenure:
a. Privately owned forests: small patches of natural or afforested forests, located within the limits of silvo-agricultural or rustic farms, and for which harvesting requires a logging authorization granted by the forest administration.
b. Communal forests: areas of natural of re-established forests that the State recognizes, limits and awards in permanent use to the rural communities, for traditional uses; these forests must be adjacent to the community.
c. National forests: areas of natural or re-established forests that the State reserves for itself, to exploit directly and exclusively; or through third parties with the economic capacity to log, process and export wood.
• Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997.
Article 23: For the official recognition by the forest administration of privately owned forests, the property title of the privately owned forests must be presented.
Article 29: The President of the Republic will award to every community a resolution of recognition of the community reserve, after a favorable report from the minister through the General Directorate of Forests and Reforestation. Such resolution will be updated every 10 years based on the demographic evolution of the community and will be renewable at its request; and regarding wood extraction, the minister will issue a Harvesting Permit, after a favorable report from the minister through the General Directorate of Forests and Reforestation.
Article 41. The forest harvesting in the national forests will be done through Forest Harvesting Lease Agreement (CAAF).
Law came into force in 2012
• In national forests, CAAF (Contrato de Arrendamiento por Aprovechamiento Forestal) requests are approved based on an incomplete application dossier or process. Many reports do not include all of the legal requirements. Many lack economic and tax solvency documents, forest management plan and company feasibility study , timber processing commitment and implementation of social works commitment. Given this situation, the government prohibited the use of forest authorizations by the responsible authority, restricting this to the President of the Republic (President of the Republic, Decree No. 7/2017; MAGBMA, Ministerial Order No. 2/2017).
• Obtaining logging permits without a favorable report from the responsible ministry. Many companies, especially some of Chinese nationality, obtain their authorizations directly from the President, without an analysis of their file as to whether or not a favorable report exists; with this leading to a ministerial resolution to cancel all the authorizations for forest use of those companies (MAGBMA, Resolution No. 017-7931-010, 2017).
• A company must own a maximum area of 50,000 hectares with an industrial plant for primary and secondary processing. While most companies have many forests in different zones exceeding the maximum area, a few companies do not have an industrial plant for primary and secondary processing.
A model management plan was created by the Conservation and Rational Utilization of Forest Ecosystems in Equatorial Guinea (CUREF) project in 1998, for a 50,000 ha forest concession, to be shared with other forest concessions; however it has not been implemented in any concessions. This has occurred due to the limited forest management capacity within forestry companies and forest administration (MAGBMA, 1999).
There are no proper forest management plans implemented in production forests. By legal obligation, it is required that all companies prepare a forest management plan prior to obtaining a Forest Harvesting Lease Agreement (CAAF). However, the content of the forest management plans is very basic: with companies completing only the formal documentation required as a prerequisite to obtaining a lease for such forest use. After obtaining the CAAF, managements plans are not appropriately implemented in the field. Logging activities are carried without following a previously approved and well elaborated management plan; and there is no follow-up in this regard (FRA, 2015).
• Law No. 1/1997, dated 18 February, Law on the Use and Management of Forests in Equatorial Guinea.
Article 17 requires the responsible ministry to produce an annual forest use and production plan.
Article 18 states that any type of extraction, harvesting or collection of natural plant products for commercial purposes will require authorization and payment for use rights, depending on the species, volumes, quantities, qualities and other parameters established by the regulation.
Article 21 states that the forest lands within the production domain, that are within the National Forest Reserve, cannot be used for other purposes than forestry.
Article 22 stipulates that no logging of existing wood is to occur within a 2km radius of a village.
Article 25 states that forest administration has to ensure compliance through control and inspection of sustainable forest management standards.
Articles 29, 32, 35, 38, 39 and 40 define the variables relating to planning and management of forest use and exploitation, as well as the monthly fees to be paid to the public treasury depending on the production, conservation and compensation fees.
Article 39 states that each beneficiary of a Forest Harvesting Lease Agreement (CAAF) , for the duration of the agreement, must have a national forestry engineer as a technical advisor to ensure that the requirements of the management plan and other technical harvesting standards are met. Those advisors will be paid by the companies.
Articles 47 to 54 define the required forest management.
Article 47 states that the forest resources as established in the present law, must be managed to follow the principle of sustainable management, in order to ensure forest renewal. For the effects of this law, three basic systems of management, which ensure the permanence or the continued renewal of the forest, are recognized:
a. In the national forests, management is oriented towards the replacement of the harvested volumes and enrichment of the forest. The reforestation can be implemented through total or partial restocking, replacement and enrichment plantations as well as by management of natural regeneration.
b. In mixed-use areas, management is oriented towards protection of the soil from degradation and erosion, through silvo-agricultural practices.
c. In the areas destined for conservation, the management is oriented towards the preservation of the representative ecosystems in their natural state, preserving the ecological diversity and environment, conservation of the hydrographic basin, the control of erosion and sedimentation, preservation of genetic diversity, artisanal wood production, fodder, and other products based on sustainable use, protection of places and objects from the cultural, historical and archaeological heritage.
Article 48 stipulates that the State will promote all the systems mentioned above, within a national management, reforestation and conservation plan.
Article 49 describes the requirement that – for any area in which forest activities are carried out or in which the removal of a part of the standing lumber volume occurs – a management plan should exist that guarantees the conservation of the forest ecosystems.
Article 51: In the areas under Forest Harvesting Lease Agreements (CAAFs), the implementation of the management plans will be carried out by the users themselves.
Article 52 describes the follow-up and implementation of the forest management plan (Plan de Manejo), that the companies shall have a technical management plan (plan de Gestión) which determines the actions to be carried out, temporally and spatially. The implementation of such a plan will be periodically monitored by the forest administration.
Article 53 stipulates that forestry companies will not be able to intervene for commercial logging purposes in the exploited forests, before the end of the period set for forest recovery which is 25 years.
Article 54: Reforestation in any forest production unit must guarantee the replacement of the volume cut annually.
• Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997. Article 54 describes for the effects of this current regulation, that forest management is understood as the set of technical standards (management standards) that guarantee the rational and ordered use of the forest resources, as well as their sustainability. The management standards will be fixed in a technical document produced by the forest administration, which will be made available to all the companies exploiting the forest to ensure compliance with all requirements related to forest management. Article 55, in accordance with what is specified in Article 52 of the current Forestry Law, states that the companies exploiting the national forest, shall have a management plan in accordance with the following order of execution:
a. Division of the forest area into plots representing the smallest management unit in a logging zone: the plots can be quadrangular or rectangular and not exceed 100 ha; the sum of several parcels constitutes a barrack (cuartel), and its area must not exceed 2,000 ha;
b. Detailed forest inventory for each plot: such inventory will involve the counting and the marking of all the species included in the document that sets the forest management standard, with a minimum diameter of 40 cm at a height of 1.30 m;
c. Annual cutting plan: the company exploiting the forest will have to indicate on a map the priority order of the harvest on each plot within a barrack (cuartel), based on market fluctuations and the logging teams available. The time set before being able to go back to the previous intervened barrack in the event that has not been exhausted is fixed to two years counted from its last intervention, after which period, the operating company will not have the right to resume in said barrack;
d. Construction of the network of roads within and roads in and out of the concession;
e. Use of the commercial trees marked within each exploited barrack;
f. Application of the silvicultural treatment method provided in the management plan presented to the government.
Article 56. The management plan will be prepared by the beneficiary of the Forest Harvesting Lease Agreement (CAAF), with the support of a national technical advisor. The company must ensure that all of the activities are implemented according to the scheduling described in the management plan. The management plan will be presented to the MAGBMA, through the General Directorate of Forests and Reforestation for approval within six months from the entry into force of the signature of the Forest Harvesting Lease Agreement (CAAF).
Article 57: before starting the operation, the company exploiting the forest will have to provide a detailed map with details of topography, existing infrastructure, number of commercial trees in each barrack, and any other information judged necessary by the forest administration.
In privately owned forests, many nationals obtain logging authorizations without privately owned forest property title. Property registry is often requested as a precondition to obtain the logging authorization, and secured. As a result, the government prohibited the use of forest authorizations by the Ministry for Agriculture, Livestock, Forests and the Environment, restricting this to the President of the Republic (President of the Republic, Decree No. 7/2017).
The proliferation of illegal logging without special authorization for timber harvesting with chainsaws: Most chainsaw operators establish verbal and payable contracts with the presidents of village councils. Considering the lack of resources to cover all production areas, enforcement of the law is difficult. However, following annual field inspections, the forestry administration is aware of the existence and cause of such illegal logging, especially in communal forests and privately owned forests (MAGBMA, 2018a and MAGBMA, 2018b).
The increase in illegal exploitation of the Bubinga species (Guibourtia tessmannii), and other protected species which are prohibited from being logged without special authorization. Field inspection reports show there are companies with mobile sawmills that log the banned species, processing into boards for export (MAGBMA, 2015).
Logging of species with smaller diameters than those authorized. It is a habitual practice of the companies when the species is very economically valuable. Sometimes it occurs due to poor training of company workers, who are unaware of the minimum operating diameters. In many inspections, there are species with diameters smaller than the authorized ones (MAGBMA, 2018).
Logging of species within protected areas. Many companies log up to protected areas, with large diameter trees, without any authorization. Companies enter forest tracks and open camp. The protected areas of Rio Campo and Piedra Bere have suffered such clandestine exploitation (MAGBMA, 2018).
In many cases for communal forests, there was no corresponding certificate of recognition of the communal forest presented to obtain the logging license. The situation was observed and reported during forest inspections. It is due to companies – which accompany village councils in the process to obtain the authorization – being reluctant to wait for the documentation to be processed. As a consequence, the government cancelled all the authorizations issued by the responsible ministry (MAGBMA, Ministerial Order, 2016).
Wood processing industries must pay Value-Added Taxes (VAT) on their production to the final consumer. It is common occurrence that companies do not reveal their total production, to avoid total payment of said taxes. In other words, production numbers compiled by inspectors are provided by the companies and sometimes do not represent their monthly production or local commercialization – in an effort to reduce or impede the payment of value-added taxes (MAGBMA, 2017).
According to Forest legislation (Law No. 1/1997-art 53), forests and concessions must recover for 25 years following harvest. However, many Asian and Guinean companies enter a forest area in search of wood to be cut and present to the buyer, regardless of whether other companies (previous concessionaires) had previously harvest the area. As a result the forest area does not recover as planned.
To be checked during field verification.
Transport Guide to identify if transported to the port, to verify if the species and the minimum diameters are transported.
Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea. Articles 22, 25, 28, 32, 35, 38, 39, 42, 43, , 53, 54, 74, 95 and 97.
Article 22: During the harvesting process, existing wood within a radius of 2,000 metres of the village council cannot be used; this to guarantee protection of adjacent community property.
Article 25: The forest administration is responsible for inspection and control of forest parcels, such that compliance with sustainable forest management standards is ensured..
Article 28: Exploitation of national forests for any purpose will be directly controlled by the forest administration.
Article 43: The beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) will respect all private assets located within the CAAF area; as well as allowing free access to inhabitants of rural communities within the area, for traditional use of all necessary wild resources.
Article 53.- Forest companies will not intervene for industrial logging in already harvested forests, before the forest recovery period, which is set at 25 years.
Article 54: Reforestation, in any forest production units, must ensure the replacement of the volume cut annually; and any area dedicated to extensive agricultural and livestock activities, must leave at least 30% of the total forested area within the natural forest parcel. In the areas dedicated to forest production, all riparian zones, national roads, and slopes with a gradient greater than 45 degrees, must be left with forest cover.
Article 74: To reduce the high percentage of the waste currently occurring in first rotation forests and forest industries, the beneficiaries of the Forest Harvesting Lease Agreements (CAAF) will take the necessary measures to ensure comprehensive use of the wood, with results to be presented at the end of the first year following signing of the CAAF.
Article 95: The government, through the responsible ministry, will establish a permanent control and surveillance system operating over the entire national territory, and capable of safeguarding national forest heritage for this purpose. The system will therefore have:
a. Forest Guard Corp the specialized agency for control, surveillance and safeguarding of the national forest heritage, and ensuring implementation and compliance with all legal provisions in the forestry sub-sector;
b. Technical forest administration personnel, who are responsible for verifying and supervising specific actions in the sector;
c. Agriculture and forestry councilors who work in close collaboration, at the village level, with the special Forest Guard Corp;
d. All Guineans will ensure the protection and conservation of the forest, and report any offences that they detect.
Article 97: The control of activities in harvesting areas and in related industries will be supported and facilitated by the beneficiaries of the forest production units; and the beneficiaries of the production should have:
a. A forestry code determined by the forestry administration which will be stamped on all logs at the time they are cut to size, measured and stacked in the forest stockpile;
b. A forest delimitation certificate for the area to be harvested, granted by the forest administration;
c. Corresponding harvesting journals, which will be completed – at the time of registration and final cutting of the wood – under the supervision of the Forest Guard Corp stationed in the area, and duly signed;
d. In addition: The Forest Guard Corp stationed at the harvesting sites will annex the originals of the harvesting journals in their monthly reports;
e. Forestry companies will acquire the harvesting journals at their own expense; with the journals to be stamped by the forest administration.
Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests; or the regulation that implements the Forest Law No. 1/1997. Articles: 1 (paragraph 3), 3, 4, 5, 6, 38, 39, 58, 59, 60, 61, 62.
Article 1: This Regulation regulates all activities of harvesting, transport, industrial processing, commercialization, control, and the administrative regime in the management of forest products.
Paragraph 3: Areas within the production domain located at a distance of less than 500m from the seashore, measured from the highest tide mark and 200m from permanent rivers and lakes, and areas with slopes greater than 30%, are considered as part of the conservation and protection domain under Article 13 of the Forestry Law.
Article 3: Any extraction by an individual of natural or re-established forest, tree, shrub, lianes, plants, bark, leaves, flowers or any other forest product, is considered to be forest use and will be governed by Law 1/1997 on the Use and Management of Forests as well as this regulation.
Article 4: All forest use types must comply with the technical requirements and administrative procedures established in the current Forestry Law and in these regulations. All harvesting activities are under the direct and permanent control of the forest administration.
Article 5: Forest exploitation activities are carried out solely and exclusively in the production domain, in the different areas and according to the requirements established by the Forestry Law and applicable regulations.
Article 6: In order to ensure the sustainability of production forests, permitted use is selective harvesting by species, quantity and diameter, as regulated in Article 58 of the Law on the Use and Management of Forests.
Article 38: During harvesting of communal forests, the forest administration will assign a control agent, who will report on a monthly basis as to the use and implementation of the planned communal works.
Article 39: In all forestry activities in the national forest, the conservation or improvement of the productive potential will always be one of the mandatory conditions in the operator’s plan – whether private or public. Therefore, the operator must comply with the provisions of the Law, these Regulations, and all the specific regulations issued by the forest administration to avoid or prevent any damage to the productive potential.
Article 58: During operations within a forest that has been harvested in the past, the company shall use existing routes; the opening of new roads will have to be justified to the forest administration.
Article 59: For compliance with forest management standards, the minimum felling Diameters at Breast Height (DBH) of 1.30m are set as follows:
a. First group: The following species minimum diameter 60 cm.
b. Second group: The following species minimum diameter 80 cm.
c. Others (not included in the first or second groups), are species with a minimum DBH for logging of 70 cm.
Article 60: Due to its artisanal value or its rarity in the national territory, the logging of the species Oveng (Bubinga), Envila (Ebano) (Diospyros ebenum) and Nsonso (Wengue) (Millettia laurentii), is granted through a special authorization issued by the responsible ministry; with export of logs or sawn timber of these species being totally prohibited.
Article 61: Because of their nutritional importance to rural populations, harvesting of the following species is prohibited: Engong, Anvut, Olem, Abam, Ebonsok, Andok, Eweme, Adjab, Abe (cola), Oñeñ (bitacola), Atom and other fruit tree species suitable for human consumption and medicines. Due to their high commercial value, the Asia (Ozigo), Adjab (Moabi) and Mbebam (Longhi) species are exempt from the ban. These species can only be harvested when authorization is granted by the Ministry, and only when the company has justified the species’ abundant existence within the harvest area.
Article 62: To ensure sustainable use, trees from which non-timber commercial products are extracted cannot be harvested; such as Biasa (Pygeum africanum = Prunus africana); or trees that serve as support to plants that produce non-timber species, such as Topoto (black pepper) and other species of NTFP (non-timber forest products).
Selective cutting is not implemented by all companies. In general, big companies implement selective logging, harvesting only those species and quantities of timber according to their needs. However, Chinese and Guinean companies in particular harvest all timber species, and show them to the potential buyer to select those of interest. This is a problem that leads to abandonment of already logged, non-marketable species timber.
Article 59: For compliance with forest management standards, the minimum felling diameters at breast height (DBH) of 1.30m are set as follows:
Most companies do not respect the minimum harvesting diameters as established by law. Timber stacks have been found both inside the forests and in the port, with diameters smaller than those authorized. This is due to two main factors: first, the lack of trained personnel in companies; and secondly, the aim of the logging operators to obtain the maximum production per day – as they are paid per tree. Companies pay the tree marker operators for the number of trees inventoried per day; and the chainsaw operator for the number of trees harvested per day. The same arrangement applies to the skidder operator; and, as a result, trees are harvested despite having diameters less than the permissible threshold.
There are too few inspectors monitoring the harvesting of forest concessions, which allows for the law to be breached. Therefore, many companies exploit trees on slopes, river banks, within protection and conservation forests, in agricultural plantations, within 2,000 metres of villages, etc.
There is an absence of forest management plans, include provisions for the following elements: road planning, conservation areas, minimum operating diameters, logging of prohibited species, age of forest recovery, drainage system for forest roads and bridges, as well as poor monitoring and administrative control (MAGBMA, 2014, 2015, 2017, 2018a, 2018b).
During logging activities, companies do not respect the legal management requirements: requirements relating to minimal diameters (see below), limits, plots, prohibited species, forest routes, rivers and streams, slopes, protected areas, are not respected. (MAGBMA, 2018).
According to the reports from MAGBMA (2014, 2015, 2017, 2018a, 2018b), INDEFOR-AP (2006), ONG ANDEGE (2008), BBPP (2016), and Micha O. A. (2008), the determined risks are:
• Introduction of forestry companies to protected areas for timber harvesting without following Forest Management Plans. Inspectors’ reports, for example, show that companies have undertaken harvesting activities within he Rio Campo Nature Reserve and Piedra Bere Natural Monument.
• The harvesting of wood from protection zones such as slopes and river banks is frequently carried out. Companies carry out exploitation at the edges of the rivers and on steep slopes to obtain precious and high-value species such as the Palo Rojo (Pterocarpus soyauxii). Companies illegally harvest species due to lack of management plans and forest inspectors in the field.
• Clandestine exploitation of prohibited species without authorization. Inspectors’ reports show both forestry companies, and chainsaw operators, enter forests – including communal and privately owned forests – to exploit prohibited species, such as Guibourtia tessmannii and Baillonella toxisperma.
• Ramsar protected areas (Natural Reserves of Rio Campo and the Estuary of Muni), suffer deforestation and fragmentation of their mangrove ecosystems. In Rio Campo, the protected area of mangroves are transformed to human and military settlements, while in the Estuary of Muni, the fragmentation is due to road infrastructure which passes inside mangroves, and the harvest of firewood to dry fish.
• New road infrastructure increases access to forests rich in fauna and flora. Illegal commercial hunting is frequent in protected areas by people adjacent to the protected area.
• Hunting and consumption of protected species are common in the country despite existing laws. Project reports, both in Malabo and in the Continental Region, show a high hunting rate and high consumption of many protected species.
• Administrative weakness to protect flora and fauna resources. This is due to the lack of sufficient human and financial resources to develop a control strategy. Protected species are passed through military barriers and sold in markets.
• There are no quotas established for protected species. With the exception of Prunus africana (included in Appendix II of CITES) which has a quota of 500 tonnes per year, the government has not redefined quotas for protected species, which makes it difficult to control protected species and consequently leads to their depletion without consent. Logging of prohibited trees: Most prohibited trees are very highly valuable; bribes are often paid to agents in order to exploit prohibited trees.
Verify that timber is not originating from protected areas by tracking timber to the harvesting site:
• Identify logging site by marked codes. All logs are marked with a code which include code assigned for the logging company + logging site code + species code.
• Verify that species and volumes of timber under assessment correspond with the stumps at logging site.
• Verify that the area harvested is within the limits established in the Measurement Certificate and within the map of the forest annexed in the Harvesting Permit or CAAF.
• If relevant, boundaries between harvesting area and Protected area are clearly indicated in the field (1-2 metres of clear line around the forest area).
• Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea.
Article 10: National Forest Reserve can, based on technical studies and interests of the nation, be divided into production domain, and conservation and protection domain.
Article 13: The forest conservation and protection domains are comprised of units of the national system for protected areas and protection forests, approved by the government and dedicated to the conservation and protection of species of wild flora, fauna, landscapes and unique ecosystems.
Article 14: The units that make up the National System of Protected Areas are classified and managed according to the recommendations of the International Union for Conservation of Nature (IUCN).
Article 15: The protection forests are intended for the conservation of flora and fauna, soil and water, to protect land, road infrastructure, towns, as well as guarantee the use of water for human, agricultural and industrial consumption.
Article 55: The State State and all urban and rural inhabitants have the obligation to conserve and protect the forest ecosystems of the nation, for the well-being of the entire population and future generations; in harmony with the ecological interests and socio-economic conditions of each region and locality of the country.
• Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests; or the regulation that implements the Forest Law No. 1/1997
Article 1: This Regulation regulates all activities of harvesting, transport, industrial processing, commercialization, control, and the administrative regime in the management of forest products […]
2.The National Forest Reserve is subdivided into the production domain, and conservation and protection domain. The production domain is intended solely for harvesting purposes; while the conservation and protection domain is intended exclusively for the purpose of preserving biodiversity.
3.Areas within the production domain located at a distance of less than 500m from the seashore, measured from the highest tide mark and 200m from permanent rivers and lakes, and areas with slopes greater than 30%, are considered as part of the conservation domain under Article 13 of the Forestry Law.
Article 60. Due to their artisanal value and rarity in the national territory, harvesting of the species Oveng (Bubinga) or Guibourtia tessmannii, Envila (Ebano) or Diospyros crassiflora and Nsonso (Wengue) or Milletia laurentii, requires special authorization granted by the responsible ministry. It is prohibited to export roundwood or sawn timber of these species.
Article 61: Because of their nutritional importance to rural populations, harvesting of the following species is prohibited: Engong, Anvut, Olem, Abam, Ebonsok, Andok, Eweme, Adjab, Abe (cola), Oñeñ (bitacola), Atom and other fruit tree species suitable for human consumption and medicines. Due to their high commercial value, the Asia (Ozigo), Adjab (Moabi) and Mbebam (Longhi) species are exempt from this ban. These species can only be harvested when authorization is granted by the Ministry, and only when the company has justified the species’ abundant existence within the harvest area.
Article 62: To ensure sustainable use, trees from which non-timber commercial products are extracted cannot be harvested; such as Biasa (Pygeum africanum = Prunus africana); or trees that serve as support to plants that produce non-timber species, such as Topoto (black pepper) and other species of NTFP.
Article 65: The Forest Guard Corp is responsible for the effective control of exploitation and management of forest resources, and monitoring of conservation and protection of wild resources throughout the country, according to principles in Article 55 (and subsequent articles) in the Forestry Law. The Corp is also responsible for the regulation of forest ecosystems provided for in Law No. 8/1998, dated 31 December: Regulation on Wild Fauna, Hunting, and Protected Areas.
• Law No. 7/2003, dated 27 November, regulating the environment in Equatorial Guinea. Article 11: The action of the public administration in forestry will be oriented to achieve the protection, restoration, improvement and orderly use of forests.
Article 21: Classification of protected areas.
Articles 22 to 26 are definitions of the types of protected areas.
Article 27 : tree zones or peripheral protection zones: Restricted zone, open zone, traditional (practices) zone, and special zone.
Article 34 (1, 2, 3, 4): adoption of measures by the administration on the conservation of fauna and flora.
Article 35: Criteria guiding the preservation of the genetic diversity of natural heritage in the forests.
Article 37: Specific measures for protected species: a) endangered, b) sensitive to the alteration of their habitat, c) vulnerable and d) of special interest.
Articles 38 and 39: Preparation of a national catalogue of endangered species.
• Decree No. 72/2007: prohibits hunting and consumption of monkeys and other primates in the Republic of Equatorial Guinea.
Article 1. In accordance with the provisions of Article VIII of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), monkeys and other primates are declared as endangered species in the Republic of Equatorial Guinea and, therefore, form part of Appendix I/IIof the Convention invoked.
Article 2. Hunting, sale, consumption and possession of monkeys and other primates in the Republic of Equatorial Guinea is strictly prohibited.
• Decree No. 172/2005, dated 8 September, regulates trade in endangered species of wild fauna and flora in the Republic of Equatorial Guinea. This decree regulates the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in the Republic of Equatorial Guinea.
Annexes I, II, II of the aforementioned Decree include the species included in Appendices I, II and III of CITES, which are updated as amendments are made to the CITES Appendices. Annex IV includes all species native to Equatorial Guinea that are not included in Appendix I and which are still considered to be threatened. Appendix V includes all species native to Equatorial Guinea that are not included in Appendices I to IV, but are subject to the provisions of this Decree.
Among marketable flora species, which are listed in Appendix II of CITES, the following are found in Equatorial Guinea: Guibourtia tessmannii, Prunus africana, Guibourtia pellegriniana, Cyathea spp.
Among the most important wildlife species to preserve, Equatorial Guinea has cyclotis, Panthera pardus, Manis gigantea, Gorilla gorilla, Mandrillus sphinx, Crocodylus spp., , Pan spp., , Cheloniidae spp. in Appendix I and Manis spp., Primates, Hippopotamus amphibius, Cephalophus dorsalis, C. ogilbyi, C. silvicultor, Boidea in Appendix II.
• The Ramsar Convention on Wetlands of International Importance Especially as Waterfowl Habitat (Ramsar Convention): On 2 June 2003, the Republic of Equatorial Guinea acceded to the Convention. Equatorial Guinea has three designated Ramsar sites: 1) Nature Reserve of the Estuary of the Muni, 2) Nature Reserve of Río Campo, and 3) Nature Reserve of the Island of Annobon; these sites are very humid areas with mangrove ecosystems.
• The Convention on the Conservation of Migratory Species of Wild Animals (CMS): The main objective is to conserve migratory species and their habitats through strict measures to protect species included in Appendix I, and through agreements to conserve and manage migratory species whose conservation status is unfavorable; or species which benefit significantly from international cooperation, such as elephants, sea turtles, and gorillas.
• The harvesting of wood from protection zones such as slopes and river banks is frequently carried out. Companies carry out exploitation at the edges of the rivers and on steep slopes to obtain precious and high-value species such as the Palo Rojo (Pterocarpus Soyauxii). Companies illegally harvest species due to lack of management plans and forest inspectors in the field.
• New road infrastructure increases access to forests rich in fauna and flora. Illegal commercial hunting is frequent in protectedareas bypeople adjacent to the protected area.
Logging of protected species (Guibourtia tessmannii) requires valid Special Harvesting permit.
• There are no quotas established for protected species. With the exception of Prunus africana (included in Appendix II of CITES) which has a quota of 500 tonnes per year, the government has not redefined quotas for protected species, which makes it difficult to control protected species and consequently leads to their depletion without consent. Logging of prohibited trees: Most prohibited trees are very highly valuable; bribes are often paid to agents in order to exploit prohibited trees. VIEW LESS
Logging of protected species (Diospyros crassiflora) requires valid Special Harvesting permit.
Logging of protected species (Milletia laurentii) requires valid Special Harvesting permit.
Risks related to the legal framework and business practice:
• There is a lack of a new forestry law to meet current forest certification requirements, the REDD+ process, as well as the requirements of international conventions, such as The United Nations Framework Convention on Climate Change (UNFCCC), which has the potential to enhance environmental protection. In addition, the Forestry Law and its implementing regulations are obsolete and are violated by forestry companies. Companies are known to enter and operate within protected areas without the consent of INDEFOR-AP; with cases of water courses being blocked where they enter the forest creating swamps; harvesting is carried out on slopes – which is prohibited and which leads to erosion and blockage of streams; substances such as burned oils, acids, filters and fuels are used in the forest where harvesting takes place; companies do not have planning or management plans, and they therefore violate the management standards including: minimum diameters, the species to be cut, the prohibited species (such as the harvesting of bubinga), the fragmentation and destruction of habitat by dragging or skidding logs; as well as road development and wastage in stockpiles. False statements as to monthly cubic metres harvested are produced to reduce tax obligations. Companies work without authorization – whether environmental or forestry – which causes environmental degradation (MAGBMA, 2014, 2017a, 2017b and 2018 and ANDEGE, 2010).
• Regarding the compliance with environment law (No. 7/2003), companies often do not have environmental licenses for harvesting and wood processing activities, nor an Environmental Impact Assessment. The companies do not conduct an evaluation of environmental impacts where harvesting is undertaken, with this non-compliance not detected due to limited administrative checks.
• Environmental Law No. 7/2003 repealed the previous Law No. 4/2000, where all protected areas were created and their physical spaces defined. The new environmental law (No. 7/2003) defines the categories of different protected areas, but does not define which are those protected areas in the country, and nor does it indicate the physical space they occupy. With the derogation of this law No. 4/2000, there is a legal gap regarding the protection of protected areas, as the areas that are being protected are only recognized in a legal instrument that has been derogated. This situation can lead to public confusion, and companies can take advantage of this weakness or legal vacuum to exploit these areas. Often there are chemical spills both in the forests and in the rivers, which damage or pollute natural resources, including fauna, flora, water and air (MAGBMA, 2014, 2017a, 2017b and 2018).
• According to the coast and waterway regulation, it is forbidden to exploit, both in State and privately owned forests, trees located less than sixty metres from springs on uphill terrain, or trees located less than fifty metres from springs on flat terrain. However this regulation is largely ineffective, due to the lack of control.
• Lack of management plans is often an issue due to the minimum area requirement of 50,000 hectares and a maximum duration of 15 years. The indicators set by law are not aligned with the requirements for good forest management (MAGBMA, 2014, 2017a, 2017b and 2018).
In interviews with company workers, they stated that there are employees who work without formal contracts. As for the termination of contracts, any protest over dangerous or unhealthy working conditions can lead to dismissal. Workers have limited employment opportunities, since these companies are often the only sources of work in rural areas (Republic of Equatorial Guinea, 2012, and Campos and Mico, 2006).
Employee associations: There are no worker associations in any company in Equatorial Guinea. This is because the relevant ministry does not disseminate labour laws to employees, a fact that this has been highlighted in interviews with employees of four companies and in the documents of Republic of Equatorial Guinea (2012), and by Campos and Mico (2006).
All companies are required to recruit local labour where they have Forest Harvesting Lease Agreements (CAAFs). However, this often does not happen. Reports show that Asian companies within Equatorial Guinea use more than 95% of foreign labour, leaving local populations without employment (MAGBMA, 2014; 2017).
Despite the good social security regulations in the country, many of the employees are not registered with the National Social Security Institute. Companies hire personnel in rural areas, in close proximity to the forests, and often workers do not request the formalisation of their records of decent and legal work. This is verified in the parliamentary sessions of complaints, and petitions have been raised during parliamentary sessions over unfair dismissal of employees (Republic of Equatorial Guinea, 2012). To register with the social security system it is necessary to have a Personal Identification Document (DNI). The rural reality in Equatorial Guinea is that many workers in rural villages do not have an identification card.
Lack of training and maintenance of employees. Companies do not invest in strengthening the employee capacity, according to the interview result with company employees.
Mechanisms for distributing forest benefits are not effectively applied. The distribution of benefits derived from forest resources suffers inequities among parties. According to information obtained during surveys, bribes have been registered between officials, companies and local authorities. Some companies do conduct social works legally, in which the forest administration is involved. The communities choose the work, communicate it to the administration, the administration manages a tender process and authorizes the construction company with the best offer.The forestry company pays the construction company in the presence of the forest administration, and the money invested in the social works benefits the entire community. However, in contrast, companies operating illegally and who want to exploit a communal forest, negotiate and pay the money directly to the village council, so that they are allowed to enter the forest. In these cases, there is no official agency that intervenes between the illegal company and the council, so that the money does not reach the community. For example, during the construction of social works, the president of the town council does not transparently inform the population of the amount received from the company, because the town council does not have consensus among all the families. This leads to habitual misunderstanding among different families within the same community; and results in some families receiving greater benefits from the village council (MAGBMA, 2014 and 2017). As mentioned, it is concluded that there is a risk that the 85% economic benefits deriving from the use of a communal forest – which are legally required to be allocated to the beneficiary community – are not paid; and benefits paid are not distributed equally among all families in the community.
Visit villages and municipalities and observe that social works have been or are in the process of being implemented.
Consult to verify the degree of compliance to implement social works
There is a risk that during harvesting, fruit trees that provide a source of food for local populations are not respected, such as; Engong, Anvut, Olem, Abam, Ebonsok, Andok, Eweme, Adjab, Abe (cola), Oñeñ (bitacola), Atom and other fruit tree species suitable for human consumption and medicines.
• Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea. Article 12 describes that, within the forest production domain, the following forest types are identified:
a. Privately owned forests: these are small patches of natural or re-established forests, located within the limits of silvo-agricultural or rustic farms, and for which harvesting requires a harvesting permit (Autorización de Apeo) granted by the forest administration;
b. Communal forests: areas of natural or re-established forests that the State recognizes, limits and awards in permanent use to rural communities, for their traditional use; these forests must be adjacent to the community.
Article 16. For the purpose of this law, forest use includes obtaining forest products in their natural state for subsistence, when the harvester requires wild flora for their own or their family’s consumption.
Article 24: within the communal forests, members of the community may carry out activities for subsistence purposes. The products resulting from the use of these forests will be destined solely and exclusively for the development of the respective communities
Article 29. Within national forests, the right may be granted free of charge or at symbolic prices to residents of neighboring communities for small areas for food crops and isolated trees for housing construction, canopies and the like, using appropriate species.
Article 35 b(5). Commitment of social works. The contractor is required to undertake social works in towns and municipalities surrounding the forest area harvested. These works will be specified, with projects and budgets, later through a contract signed with the government at the recommendation of the beneficiaries. The beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) will deposit, into a local bank, a bond equivalent to 50% of the total cost of the works.
Article 43. The beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) will respect all private assets nestled within their area as well as allow free access to the inhabitants of rural communities nestled within it for the traditional use of all necessary wild resources.
Article 60. It is of national interest that the population participates directly, actively, and numerously in all forestry activities; therefore, activities will be provided that promote and encourage the use of labour and from which residents can obtain greater direct benefits.
Article 63. The responsible ministry will provide technical assistance to forestry and restocking activities. Rural settlers who live in border areas will enjoy special treatment regarding these activities.
Article 90. The State shall promote and grant economic and tax incentives, specific or general, to the following activities, specifically d) the establishment of small forest industries, in rural areas.
Article 101. The occupation of land in the communal forests, privately owned forests and national forests without authorization will be punished with imprisonment, of no less than one month and no more than two years, depending on the seriousness of the crime, as well as compensation for the damages caused.
• Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests in Equatorial Guinea; or the regulation that implements the Forest Law No. 1/1997. Article 1 (4) c): the usufruct granted to rural communities in communal forests for traditional uses will be made in order for these populations to carry out forestry activities exclusively for their supply, and if necessary and justified for commercial purposes either for local markets or for export.
Article 11. For the purposes of this regulation, subsistence exploitation is considered to be the extraction of NTFPs whose product is only intended for the direct domestic consumption of the harvester and their family; either for energy, food, cultural, medicinal or construction purposes. The extraction for subsistence purposes may be carried out in privately owned forests, communal forests, or national forests.
Article 12. When subsistence extraction consists of annual volumes of less than the equivalent of three commercial trees, it shall be exempt from the payment of fees and administrative processing.
Article 13. The use of subsistence NTFPs may only be carried out in forests adjacent to the usual place of residence of the extractor and is free of charge.
Article 29. The government will grant each community a certificate of recognition of the communal forest if desired.
Article 32. The communal forests must be adjacent to the beneficiary community, and their definitive limits will be considered by the forestry sector.
Article 33. Forest harvesting in communal forests may be carried out only with prior authorization of the responsible ministry, at the request of the community to which the communal forest belongs.
Article 35. If forest exploitation is carried out by a company, the corresponding exploitation contract will be and be endorsed by the forest administration, for monitoring purposes.
Article 36. The responsible ministry will issue the Harvesting permit in the communal forests after satisfactory analysis of the documentation presented, and a verification inspection in the proposed cutting area. The Harvesting permit will be valid for one year from the date of issue.
Article 37. When a communal forest is exploited by a forestry company, 85% of the economic benefits from the use of a communal forest will be allocated to the beneficiary community.
Article 38. During the exploitation of communal forests, the forest administration will highlight a control agent, who will report monthly on the use and implementation of the planned communal works.
Article 44. In order to guarantee jobs for nationals, the beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) is required to exclusively employ national staff at all levels, except in cases where the required qualification or specialty is not available in the country. For this purpose, the beneficiaries of CAAFs shall periodically submit the labour contracts endorsed by the Ministry of Labour, Employment Promotion and Social SecurityMinistry of Labour and Social Security periodically to the Ministry of Agriculture, Livestock, Forestry and EnvironmentMinistry for Agriculture, Livestock, Forests and the Environment.
Article 61. Because of their nutritional importance to rural populations, harvesting is prohibited for the following species: Engong, Anvut, Olem, Abam, Ebonsok, Andok, Eweme, Adjab, Abe (cola), Oñeñ (bitacola), Atom and other fruit tree species suitable for human consumption and medicines.
Article 67. Forestry companies that establish small forest industries in rural areas, with the creation of jobs for these populations and carrying out non-contractual social works in said environment will receive support from the State.
• Law No. 4/2009, dated 18 May, on the land property regime in Equatorial Guinea. Article 7. Traditional property of the common lands of the towns, tribes or native family groups, those of their family preserves and those of their family patrimony are recognized. These lands which are habitually occupied for residential or agricultural purposes, do not require the intervention of a legal act of attribution of title deeds.
Companies present false specifications to reduce volumes and classification of qualities. The Office of Control, Information and Promotion of Forest Species (OCIPEF) does not carry out a complete, proper control due to there is no a specific delegation responsible to check and seal these specifications. Incorrect classifications are included on commercial invoices, so as to reduce taxes applicable to forest concessions. These taxes are imposed per cubic metres of timber (MAGBMA, 2016).
To transport and export prohibited species, codes are changed by using the codes of similar species to deceive or bribe the controlling agents. There are known cases of port shipments, where the species code has been changed, for example Bubinga (Guibourtia tessmannii) with the code for tali (Erytrophleum ivorense). This to reduce contributions to the treasury and profit from the unpaid tax (MAGBMA, 2016, television information).
The classification of wood batches does not follow the measures indicated in the law. In the reports of the officials responsible for the authorization to process the export dossier, they concluded that it is authorized to be processed “without inconvenience”. However, when checking invoice examples with the corresponding transport guide, it is evident that logs are registered in the lower qualities bracket and instead of first two categories which they correspond to. This occurs so that tax rates are reduced in exchange for bribes (MAGBMA, 2017, 2018a, 2018b).
Woods in the stacks without company acronyms. It is very frequent, since companies buy wood in the forests from other companies, transport it and come to put their references in the port’s stacks. Which means that this wood is of doubtful origin (MAGBMA, 2017).
There is a risk of miss volume reporting on custom declaration approved in exchange for bribes. Usually custums officials do not compare the volume information obtain in the re-cubicage (volume measurement) of timber in the export point to verify it match with information included in transport delivery notes, or transport guides. This is done, in order to pay reduced tax rates in exchange for bribes (MAGBMA, 2017, 2018a).
There is a risk of miss volume reporting on custom declaration approved in exchange for bribes. Usually customs officials do not compare the volume information obtain in the re-cubicage (volume measurement) of timber in the export point to verify it match with information included in transport delivery notes, or transport guides. This is done, in order to pay reduced tax rates in exchange for bribes (MAGBMA, 2017, 2018a).
To transport and export prohibited species, codes are changed by using the codes of similar species to deceive or bribe the controlling agents. There are known cases of port shipments, where the species code has been changed, for example Bubinga (Guibourtia tessmannii) with the code for Tali (Erytrophleum ivorense). This to reduce contributions to the treasury and profit from the unpaid tax (MAGBMA, 2016, television information).
• The classification of wood batches does not follow the measures indicated in the law. In the reports of the officials responsible for the authorization to process the export dossier, they concluded that it is authorized to be processed “without inconvenience”. However, when checking invoice examples with the corresponding transport guide, it is evident that logs are registered in the lower qualities bracket and instead of first two categories which they correspond to. This occurs so that tax rates are reduced in exchange for bribes (MAGBMA, 2017, 2018a, 2018b).
• There is a risk of miss volume reporting on custom declaration approved in exchange for bribes. Usually customs officials do not compare the volume information obtain in the re-cubicage (volume measurement) of timber in the export point to verify it match with information included in transport delivery notes, or transport guides. This is done, in order to pay reduced tax rates in exchange for bribes (MAGBMA, 2017, 2018a).
• To transport and export prohibited species, codes are changed by using the codes of similar species to deceive or bribe the controlling agents. There are known cases of port shipments, where the species code has been changed, for example Bubinga (Guibourtia tessmannii) with the code for Tali (Erytrophleum ivorense). This to reduce contributions to the treasury and profit from the unpaid tax (MAGBMA, 2016, television information).
• Companies export pieces of logs of prohibited species inside containers illegaly. These practices are done from the forests to the stacks at the point of export with the collaboration of the consignee agencies that have containers and machinery for shipping. The required Boarding Guide for exporting timber (Guía de Embarque) includes false species declarations and the normal exporting control process is not carried out. An example is shown by a report by technicians in compliance with Credential No. 533, dated July 16, 2019, where they found in their inspection 8 containers of the CITES listed annex II Guibourtia tessmannii (Bubinga). (MAGBMA, 2019).
• Companies present false specifications to reduce volumes and classification of qualities. The Office of Control, Information and Promotion of Forest Species (OCIPEF) does not carry out a complete, proper control due to there is no a specific delegation responsible to check and seal these specifications. Incorrect classifications are included on commercial invoices, so as to reduce taxes applicable to forest concessions. These taxes are imposed per cubic meters of timber (MAGBMA, 2016).
• Woods in the stacks without company acronyms. It is very frequent, since companies buy wood in the forests from other companies, transport it and come to put their references in the port’s stacks. Which means that this wood is of doubtful origin (MAGBMA, 2017).
Participate in the loading of the containers and observe the procedure. Verify that all required bodies are present:
Check the procedure for processed wood products: merchandise must be presented in bags or packages, clearly stating the following technical information: the measurements, the code, the number of the package, the initials of the company that owns the merchandise, and the code of origin.
• The classification of wood for export is not completely carried out as stipulated in Article 88 on ATIB and SATA of Decree No. 7/1997. Technicians do not use the appropriate score for classification because employers are known to bribe to minimum qualities (MAGBMA, 2018C).
• The classification of species is outdated, there are many current species which use was not previously known, and which are classified under a wrong class. Their usage is now known, as a result they need to be changed to their specific class, however this has not been done (MAGBMA, 2018a and 2018d).
• There are false classifications of wood for export that Companies use to reduce their quality in order to pay less taxes (MAGBMA, 2018C).
• The export of roundwood has occurs despite its ban in place between 2018- October 2020. The ban on roundwood was not respected, there were still special export authorizations for roundwood (MAGBMA, 2018a and 2019). During the consultation with interested parties, it was confirmed that the companies put roundwood in containers, hidden by transformed wood and thus the roundwood inside the container goes unnoticed.
• Illegal harvested material is exported without valid documentation, often in containers without the consent of the forest administration. They legally declare a reduced number of containers and ship more than is legally declared (MAGBMA, 2018a, 2018C and 2018d).
• Export of wood without a Certificate of Origin, when wood is harvested from a doubtful origin, the controllers, who must verify all the required documentation, are bribed (MAGBMA, 2018a, 2018b, 2018C and 2018d).
• Article 2 of Decree No. 50/1995, dated 22 July, states that official export prices will be reviewed every six months, according to the behaviour of the international market; however, at the time of writing, this has not yet been implemented (MAGBMA, 2018a).
• The official price list is limited to 80 species; companies export other species that are not listed and, for export of such unlisted species, the lowest price is used. In addition, there are no official prices for transformed products (for example, plywood) (MAGBMA, 2018a).
• The species Guibourtia tessmannii, Diospyros crassiflora, Milletia laurentii and Prunus africana are found in CITES Appendix II. Harvesting of these species should be carried out with special authorization granted by the responsible ministry. However, this is not always done and the timber may be marketed without special authorization (MAGBMA, 2017).
• National legislation prohibits the export of some species found in Appendix II of CITES, however these species are known to be exported illegally and with CITES Certificates. For example Guibourtia tessmannii, which recently seized containers in Bata, and are located in the port of Bata (MAGBMA, 2018 and 2019).
• The exploitation of these species is illegal, without documents or evaluation of their availability. CITES certificates are granted without availability assessment and without annual quotas (CITES Quota Database on the CITES website).
• The export of all the species mentioned in the first paragraph is prohibited both in logs and sawn timber; however, illegal exports are made in containers with the CITES certificate, signed by the CITES administrative authority (MAGBMA, 2018 and 2019).
Species Guibourtia tessmannii is not exported under any type of permit
Article 60. Due to its artisanal value or its rarity in the national territory, the logging of the species oveng (bubinga) or Guibourtia tessmannii, envila (ebano) or Diospyros crassiflora and nsonso (wengue) or Milletia laurentii, requires special authorization granted by the responsible ministry; with export of logs or sawn timber of these species being totally prohibited.
Article 62. To ensure sustainable use, trees from which non-timber commercial products are extracted cannot be used, as in the case of; biasa (Prunus africana) or trees that support plants that produce non-timber species; as in the case of topoto (black pepper).
• Decree No. 172/2005, dated 8 September, which regulates trade in endangered species of wild fauna and flora in the Republic of Equatorial Guinea. Article 4. Scientific authority and administrative authority.
Article 7. Appendix II contains the species whose trade is carried out under annual quotas.
CITES Conference of the Parties and the Standing Committee recommends to suspend trade of CITES species from the country.
The annual quota for CITES protected species is not developed as required, thus it is not possible to verify if permits for CITES do not exceed those limits.
• The export of all the species mentioned in the first paragraph is prohibited both in logs and sawn timber; however, illegal exports are made in containers with the CITES certificate, signed by the CITES administrative authority (MAGBMA, 2018 and 2019). VIEW LESS
Species Diospyros crassiflora is not exported under any type of permit
Species Milletia laurentii is not exported under any type of permit
Species Prunus africana is not exported under any type of permit
Industries shall utilize waste
• Companies often develop wood processing industries without prior evaluations of the environmental impacts. Often these evaluations are not available, which implies that the company does not have environmental licenses, therefore measures to mitigate the environmental impacts such as air, water and toxic waste contamination are not undertaken (MAGBMA, 2017).
• The companies do not implement to ensure the complete utilization of wood which causes excessive wood being wasted that are often burnt increasing to air pollution (MAGBMA, 2017). This a legal violation against Law No. 1/1997, Article 74.
• Law No. 1/1997, dated 18 February, on the Use and Management of Forests in Equatorial Guinea. The most important legal requirements included in this law and relating to the sustainable management of the environment, are contained in the following articles:
Article 22 stipulates that during the harvesting process, existing wood within a radius of 2,000 metres of the village council cannot be used; this to guarantee the protection of adjacent community property.
Article 40: during timber extraction, depending on the cubic metres cut, the operating company will pay monthly, fees corresponding to the following:
Conservation fee: to consolidate forest resource conservation efforts, 50% of the timber value will be paid to the public treasury.
Compensation fee: 30% of the standing value of the timber will be paid to the public treasury, for the recovery of young species.
According to Article 49, any area in which forest activities are carried out, including the removal of standing timber, should have a management plan that guarantees the conservation of the forest ecosystems.
Article 53 states that forestry companies shall not utilise harvested forests for commercial logging, before the end of the forest recovery period of 25 years.
Article 54 stipulates that reforestation in any forest production unit must guarantee the replacement of the volume cut annually; and any area dedicated to extensive agricultural and livestock activities must leave at least 30% of the total forested area within the natural forest parcel. In areas dedicated to forest production, all riparian zones, national roads, and slopes with gradient greater than 45 degrees, must be left with forest cover.
• Law No. 7/2003, dated 27 November, regulating the environment in Equatorial Guinea.
This law (articles 11 to 42) defines conservation of natural areas including wild species of flora and fauna, and prohibiting forest exploitation in protected areas – to ensure hydrographic basins are maintained and sustainable management plans are in place.
Articles 60 to 70: soil and water pollution within forests is prohibited according to the toxic waste law. In articles 126 to 142, this law describes Environmental Licenses requirements, and procedure to obtain it. All activities listed in Annex II are under this requirement, which includes Forestry activities. Including harvesting activities (annexII.1) and specific industrial processors such as furniture manufacturers, sawmills, and producers of veneers, plywood and other types of boards and panels, with production greater than 1 tonne per day (Annex II)
harvesting and wood processing activities Environmental licenses are granted by the Ministry of Environment. It includes
This environmental law also provides for the requirement of Environmental Impact Assessment for harvesting and wood processing activities (articles 49–59).
• Law No. 3/2007, dated 21 July, regulating water and coastlines in the Republic of Equatorial Guinea. Article 82 prohibits the following polluting activities: (1) direct or indirect discharge that may contaminate both surface and underground waters or cause environmental degradation; (2) accumulation of waste, debris or substances of any nature that constitute or may constitute the risk of water pollution or degradation of the environment, regardless of where these materials are deposited; (3) actions impacting the physical or biological environment affected by water, which may degrade it; and (4) activities within the perimeter of the protection zone established in hydrological plans, where those activities may contaminate or degrade the public hydrological domain.
In accordance with Article 85, the direct or indirect discharge of water and residual products likely to contaminate inland waters or any other elements of the public hydrological domain is prohibited, unless prior administrative authorization is obtained. The authorization requires that the discharge of water meets quality ecological requirements in accordance with quality standards, the environmental objectives, and the emission characteristics established by regulation.
According to Article 87, when the discharge may lead to the infiltration or storage of substances likely to contaminate aquifers or groundwater, it may be authorized only if the previous hydrogeological study proves its safety.
Article 101 prohibits, without prior environmental authorization:
The execution of any type of work or work aimed at damming, diverting, capturing, controlling or draining surface waters, as well as infiltrating them in the underground mantle, as it passes through farms or estates, both rural and urban.
i. The construction of bridges, culverts or other works that limit the flow capacity of natural or artificial water channels.
ii. The performance of any type of work or work that may obstruct or hinder the evacuation capacity of surface water through underground drainage.
iii. Any type of work or activity that prevents or hinders the normal operation of flood protection works or drainage works.
Articles 105 to 107 address the conservation of trees to prevent a reduction in water quantity: (a) to avoid reduced water quantity as a result of harvesting activities, all national authorities are empowered, within their scope, to ensure compliance with the legal provisions concerning the conservation of trees, especially those on the banks of rivers and those found in riparian zones and along water bodies; (b) owners of land crossed by rivers or streams, or in which forests (serving as shelter) have been destroyed, are obliged to re-establish trees on the banks of the same rivers, streams or springs, at a distance not greater than five meters of the said waters, included in the respective property; and (c) it is prohibited to exploit, both in State and privately owned forests, trees located less than sixty meters from springs on uphill terrain, or less than fifty meters from springs on flat terrain.
Annex I.- List all Activities which requires Environmental Authorization. Forestry activities are Not listed here.
Annex II-1. – List all Activities which required Environmental license and previous positive report issued by the Ministry of Environment. Section XII-Other activities, includes forestry activities.
According to Article 1, paragraph 2, the National Forest Reserve is subdivided into the production domain, and conservation domain. The production domain is intended solely and exclusively for harvesting purposes while the conservation domain is intended only and exclusively for biodiversity reserve purposes. Paragraph 3: areas within the production domain located at a distance of less than 500m from the seashore, measured from the highest tide mark and 200m from permanent rivers and lakes, and areas with slopes greater than 30%, are considered as part of the conservation domain under Article 13 of the Forestry Law. Paragraph 4: the production domain is subdivided into privately owned forests, communal, and national forests, according to the definitions established in Article 12 of the Forestry Law. Article 6: to ensure the ecological sustainability of the forest, permitted forest harvesting consists of selective cutting based on species and diameters as provided in Article 58 of these regulations.
Article 21 states the annual quota for roundwood production, as established in Article 17 of the Forestry Law, within the insular region of Equatorial Guinea, is 10,000 m3 per year; and within the continental region of Equatorial Guinea is 440,000 m3 per year.
• During inspections of forest holdings, personal protective equipment worn by employees is often absent. During inspection, workers were found without protective equipment such as helmets, raincoats, gloves and eye protection, although some employees wore boots. The lack of protective equipment exposes employees to risks from accidents and diseases. This risk is caused due to the weakness of the administration, as inspectors and advisors are not employed by companies (source: expert consultation).
• Formation of hygiene and safety committees is stipulated in the Labour Law. These entities are designed to advise employers, workers and the labour authorities on the application and development of rules relating to the working environment and working conditions, in order to monitor compliance; however these committees have not been created. The lack of committees leads to a lack of information and awareness and – according to workers in interviews – workers are often unaware of their labour rights set out by law, which leaves them vulnerable to accidents and diseases (source: expert consultation).
• In forests, dangerous toxic products such as burned oils, acids, filters and fuels, are used without personal protective equipment. According to the inspection report, this oversight has been observed in all companies in all parts of the forest, this creates both an environmental risk and health risk to workers (MAGBMA, 2017).
Health and safety requirements shall be complied with during processing activities
There is no specific legislation that establishes legal requirements relating to health and safety during forest harvesting. The Forestry Law does not include requirements regarding health and safety, therefore what is required by the Labour Law (Law 10/2012) is applied.
• Law No. 10/2012, dated 24 December, on the General Work Order Reform.
Chapter IV relates to the provision of services. Chapter I focusses on environment and work conditions.
Article 31: The Sate formulates and implements the health and safety policy of workers and the improvement of environmental and working conditions.
Article 32: The worker providing professional services will be entitled to effective protection in health and safety and hygiene at work.
Article 33 establishes that the employer must take necessary measures for the good work and care of employees.
Article 41 (1, 2, 3) establishes the creation of hygiene and safety committees.
Article 42 (1, 2, 3): Responsibility for professional risks.
Article 43 (1, 2a, 2b, 2c, 2d, 3a, 3b): Work accidents.
Article 44 (1.2): Occupational diseases.
Article 52: Guarantees and preferences
• Law No. 14/1984, dated 12 November regulates labour inspections.
Article 2 (2, 3): Forests exploitation and means of transport in general.
Article 7 (d): nature of occupational hazards and their frequency, severity or significance of occupational accidents.
Article 10 (1, 2, 3): authorized functions of labour inspectors.
• Decree No. 100/1990, dated 28 September, approving the regulations of the general social security regime in Equatorial Guinea.
Article 1.1. Equatorial Guinean workers who carry out their activities in national territory – whatever their working conditions – as well as public, civil and military officials at the service of the State, will be included in the general social security regime of local entities or autonomous institutions.
1.2. Equatorial Guineans not resident in national territory will also be included when this is the result of the provisions established for said purpose.
• Ministerial Order No. 039/1, dated 3 July 2008, regulates the contribution of foreign workers to social security in Equatorial Guinea. As described in articles 1 to 3, all national and foreign workers who operate in the different companies based in Equatorial Guinea are required to contribute to social security.. The percentage of the total contribution of the salary is 26%, where 21.5% corresponds to the contribution of the company and 4.5% of the worker.
• Reformed Law of Equatorial Guinea, 2012. Article 5. d) The protection of work through which a person develops their wealth-creating personality of the nation for social welfare. Article 13. l) To freedom of work. Article 26:1. Work is a right and a social duty. The State recognizes its constructive function for the improvement of well-being and the development of national wealth. The State promotes the economic and social conditions to eliminate poverty, misery, and assures equally to the citizens of the Republic of Equatorial Guinea the possibilities of a useful occupation that allows them not to be beset by necessity. Article 26:2. The law defines the conditions to exercise of this right.
• Law No. 10/2012, dated 24 December, on the General Work Order Reform. The law (articles 6 and 21) requires the establishment of employment contracts between employers and employees. The same law also recognizes the work of apprentices (Article 13), assistants (Article 14), temporary workers (Article 16), piecework workers (Article 17), employer rights (Article 26) and employer obligations (Article 27), workers’ rights (Article 28) and workers’ obligations (Article 29). The law also requires the employer to formalize social security at the National Social Security Institute (INSESO) in the case of occupational hazards and accidents. Chapter III establishes the requirements related to work and rest time, Chapter V establishes terms regarding remuneration and mode of payment and the minimum wage. Decree 30/2016, dated 29 January states the minimum wage - 117.304 CFA francs per month.
• Law No. 14/1984, dated 12 November, regulates labour inspections. Article 10. The scope of the labour inspections covers, inter alia, agriculture, forestry and all its dependencies.
• Decree No. 100/1990, dated 28 September, approving the regulations of the general social security regime in Equatorial Guinea. Article 6 establishes the need to register social security for all workers (INSESO):
6.1. The registration of employers and workers will be unique, not withstanding the casualties, dismissals and other variations that occur over time.
6.4. The insured status will be accredited by means of a permanent document, issued by the National Social Security Institute, and the personal data, membership number and family dependents must be included therein.
Under this regulation, the insured employee will enjoy the following advantages as a legal worker: health benefits (articles 9 to 23), temporary disability benefits (articles 24 to 30), maternity benefits (articles 31 to 33), disability benefits (articles 34 to 45), old-age pensions (articles 46 to 51), death and survival allowances (articles 52 to 72) and family allowances (articles 73 to 80).
• Ministerial Order No. 039/1, dated 3 July 2008, regulates the financial contribution of foreign workers towards social security in Equatorial Guinea. The percentage of the total contribution of the salary is 26%, where 21.5% corresponds to the contribution of the company and 4.5% of the worker.
Article 44. The beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) is required to exclusively employ national staff at all levels, except in cases where the required qualification or specialty is not available in the country. The beneficiaries of CAAFs shall periodically submit the labour contracts endorsed by the Ministry of Labour, Employment Promotion and and Social Security to the Ministry of Fisheries and Water Resources.
• Decree No. 97/1997, dated 12 August, for the approval of regulations for the Law on the Use and Management of Forests; or the regulation that implements the Forest Law No. 1/1997. Article 66a): In accordance with the provisions of Article 62 of the current Forestry Law, the general directorates of the forest sector will develop permanent extension, training and applied research programs to promote forest development and to achieve greater participation of the population in all forestry subsector activities. In this context, the training of professional, technical and skilled labour personnel will be a priority program. Article 66) Forestry companies are also obliged to implement these programs, to contribute to these outcomes. They must permanently promote the improvement and specialization of their professional, technical and labour personnel. VIEW LESS
Article 44. The beneficiary of the Forest Harvesting Lease Agreement (Contrato de Arrendamiento por Aprovechamiento Forestal, CAAF) is required to exclusively employ national staff at all levels, except in cases where the required qualification or specialty is not available in the country.The beneficiaries of CAAFs shall periodically submit the labour contracts endorsed by the Ministry of Labour, Employment Promotion and and Social Security to the Ministry of Fisheries and Water Resources.