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Country Risk Profiles

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Risks are listed below and organised under the relevant indicator. Click on the risk below for details on the specifc risk, mitigation options and the related legal requirements.
  • Specified Risks
  • Low Risks
  • Not Applicable
Legal rights to harvest
1.1 Land tenure and management rights
  • Land allocations overlap, causing conflicts of use between different stakeholder
  • Forest titles are allocated despite there being no professional forestry accreditation, or the accreditation is obtained in breach of the regulatory procedures
  • Rights are allocated in breach of the regulations where land intended for logging purposes is assigned to other projects, notably agroforestry plantations
1.2 Concession licenses
  • The regulatory requirements relating to the stages of the allocation process and the implementation of forestry concessions (CPAET/CFAD and PFA) are violated (no call for tenders, incomplete technical and financial files, no professional forestry accreditation)
  • Acts of corruption and/or influence peddling are practised during the allocation of forest concessions (CPAET/CFAD and PFA)
  • The regulatory obligations are not respected during the transactions relating to forest concessions between operators (transfer, land tenancy, leasing)
1.3 Management and harvesting planning
  • The preliminary assessments for the drafting of the management plan or simplified management programme are carried out or validated in breach of the established regulations (notably resource inventories and socio-economic assessment)
  • Logging operations take place in the absence of a forest management plan, management programme, annual operations plan or simplified management programme, as applicable
  • The provisions of the forest management plan, management programme, annual operations plan or simplified management programme are only partially implemented
  • The predefined order of turn for forest management units (UFG) and annual allowable cuts (ACC) is not respected (for CFADs)
  • Logging operations are commenced before the logging inventory data for ACCs (CPAET/CFAD and PFA) or five-year blocks (community forests) has been validated
  • The trees are not identified or marked before logging commences or the reports do not reflect the reality on the ground
1.4 Harvesting permits
  • Logging operations are conducted in absence of a logging title/permit (primarily by small-scale loggers)
  • Logging operations are conducted beyond the validity of permits by private agreement, special logging authorisations and logging authorisations for pit sawing
  • Permits/authorisations are allocated in areas not dedicated to logging, notably classified state-owned forests (protected areas, national parks, reforestation areas)
  • The provisional allowable cuts allocated during the CPAET cover a total surface area higher than one thirtieth of the surface area of the concession to be managed
  • The annual allowable cut is exploited before the logging permit is issued
  • Logging operations are commenced in absence of the contractual specifications
  • The annual allowable cut is not clearly delineated on the ground

1.5 Payment of royalties and harvesting fees
  • The surface area tax is not paid or is paid late
1.6 Value-added taxes and other sales taxes
  • Specified risk on the basis of the precautionary principle.
1.7 Income and profit taxes
  • Fraudulent information is declared on companies’ income and profit statements with the aim of reducing the amount of corporate tax they are liable to pay

1.8 Timber harvesting regulations
  • The minimum diameters not respected (DME and DME/UFA)
  • Species are harvested outside of the defined areas
  • The number of trees and volumes authorised by the permit/authorisation is exceeded
  • Trees other than those previously identified and marked in conjunction with the administration are harvested, notably for permits in the rural forest domain
  • The regulations on marking stumps and logs are not respected
  • Wood is abandoned in breach of the regulations
  • The applicable rules for operating in forest areas regarding skidding, the construction of roads and infrastructure, the creation of logyards and the collection of waste after logging, etc. are not respected
  • Logbooks are kept fraudulently or in breach of the regulations
1.9 Protected sites and species
  • Illegal wood harvesting is conducted in areas that are not dedicated to logging, such as national parks or nature reserves
  • Forest species subject to logging bans on national territory or within the specific forest are harvested
  • Within productive forests (CPAET/CFAD and PFA), logging operations are carried out in protected areas and conservation series
  • For productive forests (CPAET/CFAD and PFA), no biodiversity diagnosis is carried out for the forest management plan or the management measures provided for in relation to biodiversity are not respected
1.10 Environmental requirements
  • No wildlife protection plan (PFF) is drawn up or it is not validated
  • The logging activities (felling, skidding, construction of infrastructure, opening of roads, etc.) have a significant impact on running water, soil, residual vegetation, sensitive environments, etc.
  • Waste management standards are not respected. Waste is not collected and stored in order to be disposed of
1.11 Health and safety
  • No occupational medical service is available
  • Workers are not provided with appropriate care in the event of an accident or illness
  • Accidents at work are not declared to the social security body
  • Employees do not receive a medical check-up when first hired
  • Appropriate hygiene standards are not met (notably a lack of drinking water at sites and workplaces)
  • No personal protective equipment is provided (PPE). Accidents at work occur regularly at logging sites and timber processing units
1.12 Legal employment
  • Workers are not given an employment contract
  • Workers without an employment contract are paid below the minimum wage
  • Workers do not receive an individual payslip
  • Workers’ remuneration does not respect the requirements of the collective bargaining agreement
  • Companies do not pay their social security contributions for their workers
  • Companies do not have a staff representative body
  • Workers are not given a weekly rest day
  • Workers are not given annual leave
  • Companies have no internal regulations

1.13 Customary rights
  • Calls for tender for CPAETs are not publicly circulated
  • No socio-economic diagnosis with community consultation is carried out during the management plan development phase
  • The forest title is exploited without a community information meeting having been held
  • The sites and resources necessary for the exercise of user rights are not identified in advance
  • The concessionaire bans the communities from accessing the concession in breach of the applicable regulations
  • The communities do not receive the financial revenue provided for by the regulations via the local development fund
  • The legal framework is manipulated through the creation and exploitation of community forests with no real involvement or representation of all members of the community in the decision-making or conflict management process
1.14 Free prior and informed consent
  • Not applicable
1.15 Indigenous/traditional peoples rights
  • Not applicable

1.16 Classification of species, quantities, qualities
  • False declarations (volumes, species) are made on the logbooks and road maps for transportation of the logs
1.17 Trade and transport
  • Wood not covered by a logging permit is transported without a road map
  • Transport slips are used that have not yet been signed by the Ministry of Forests
  • The same slip is used for several different wood shipments
  • The origin of the wood is not specified on the transport slip
  • The production information is not transmitted quarterly to the administration
1.18 Offshore trading and transfer pricing
  • Tax evasion is achieved via subsidiaries based abroad purchasing the wood for much less than market price
1.19 Custom regulations
  • False declarations are made regarding the production, quantities and qualities of the products, as well as false declarations about species in order to avoid paying the export taxes due
  • Species that have a logging ban are exported (e.g. Kevazingo)
  • Wood is exported in the form of logs in violation of the Gabon regulations
1.20 CITES
  • Bubinga or Kevazingo (Guibourtia demeusei) is harvested and exported without a CITES permit.
1.21 Legislation requiring due diligence/due care procedures
  • Not applicable

1.23 Legal Registration of Business
  • Low risks concluded
1.24 Environmental Requirements for Processing
  • The regulations on industrial waste and effluents are not respected
  • There is a discrepancy between the necessary/declared processing capacity and the actual capacity
  • The environmental impact assessment is carried out after the wood processing unit is installed and not before
  • The administrative authorisations are issued in absence of the EIA
  • Companies do not implement the provisions of the environmental impact assessment
1.25 Processing Requirements
  • The factory records are poorly kept
1.26 Health and Safety in the Timber Processing Sector
  • No occupational medical service is available
  • Workers are not provided with appropriate care in the event of an accident or illness
  • Accidents at work are not declared to the social security body
  • Employees do not receive a medical check-up when first hired
  • Appropriate hygiene standards are not met (notably a lack of drinking water at sites and workplaces)
  • No personal protective equipment is provided (PPE). Accidents at work occur regularly at logging sites and timber processing units
1.27 Legal Employment in The Timber Processing Sector
  • Workers do not have an employment contract
  • Workers without an employment contract are paid below the minimum wage
  • Workers do not receive an individual payslip
  • Workers’ remuneration does not respect the requirements of the collective bargaining agreement
  • Companies do not pay their social security contributions for their workers
  • Companies do not have a staff representative body
  • Workers are not given a weekly rest day
  • Workers are not given annual leave
  • Companies have no internal regulations
1.1 Land tenure and management rights
Last updated on 2022-11-01 Land allocations overlap, causing conflicts of use between different stakeholder Specified RISK
It is important to note that the information on the actual occupation of land and the delineation of the different areas of national territory is still insufficient and is not centralised, as demonstrated by the creation of the CNAT in 2017, whose work is still on-going. There is no clear, detailed zoning plan, notably due to outdated information, poor imagery and limited involvement of the local populations and communities in the zone classifica... VIEW MORE

It is important to note that the information on the actual occupation of land and the delineation of the different areas of national territory is still insufficient and is not centralised, as demonstrated by the creation of the CNAT in 2017, whose work is still on-going. There is no clear, detailed zoning plan, notably due to outdated information, poor imagery and limited involvement of the local populations and communities in the zone classification procedures. This impacts all the risks relating to land rights and management:

  • Overlapping allocations, causing conflicts of use between different stakeholders. This includes projects overlapping several forest titles: mining, infrastructure, the creation of industrial farming plantations, etc. (Dessart et al., 2014; Messina, J.P., 2014; USAID, Fern, 2013). Morin et al. (2014) reveals an overlapping of forest and mining permits.
VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Professional forestry accreditation
2
Verify any official document established by the administration that indicates the land's status as a productive forest registered in the permanent forest domain
3
Verify any document clearly stating the rights granted over the area and the regulatory texts and articles enabling the allocation of rights relating to the forest resource that requires clearing
4
Consult Stakeholders (NGOs, central and decentralised administrations, adjoining concessionaires, local populations)
Description of legal requirements
Land rights should be clearly identified and recognized by stakeholders. They should not overlap.
VIEW MORE

The space and resources in the Gabonese Republic are governed by the regulatory texts on land matters (notably Law 1963 on the state-owned domain and the 2012 ordinance on the land ownership regime) and forest matters (notably the 2001 Forest Code).

In 2017, a national land allocation commission (CNAT) was established with the aim of collecting and centralising all information on the allocation of land within national territory, and producing a national land allocation plan (work was still on-going when this document was drawn up).

The regulations stipulate that some land is registered according to the land registration procedure by private individual land owners (Ordinance n°5/2012). All other land forms the national domain, which belongs to the state. This domain is divided into (1) a public domain for land left available to the public or assigned to a public service and (2) a private domain for the remaining land.

According to the Forest Code, all forest land falls under the national domain and constitutes the exclusive property of the state (Art. 13 of Law n°016/01). The national forest domain is divided into (1) the permanent forest domain and (2) the rural forest domain (Art. 5 of Law n°016/01).

The permanent forest domain is in turn divided into (1) classified state forests and (2) registered productive forests.

•   The first sub-division comprises forest land classified in state-owned public domain that has been classified for preservation reasons (e.g. protection forests, botanical gardens, protected areas, etc.) (Art. 7 and 8 of Law n°016/01). Forest land is classified (or declassified) by way of decree following a procedure that involves acknowledging the area, having it deliberated by a classification commission, involving local communities, and having the classification (or declassification) approved by the council of ministers (Art. 9 of Law n°016.01 and Decree n°1032/PE/MEFEPEPN). Customary user rights must be provided for and defined in the classification text (Art. 257 of Law n°016/01). Forest resources cannot be harvested in classified state-owned forests (Art. 93 to 97 of Law n°016/01).

•   In the second sub-division, the forests are part of the state-owned private domain. They are qualified as registered state-owned productive forests. These forests may be allocated to private individuals by way of logging titles (Art. 96 and 97 of Law n°016/01). Management rights over forest land are acquired by way of an adjudication process governed by the regulations (Order n°00640-08/MEFEPA) (see category 1.2 below). Productive forests that have not been allocated form the country’s productive forest reserves. The customary user rights of local communities are provided for in the forest management plan (Art. 257 of Law n°016/01). Furthermore, the law provides for a regulatory text to establish the conditions for constituting productive forests (Art. 6 of Law n°016/01), however this regulatory text does not exist (Brainforest, 2013).

The rural forest domain comprises land and forest that can only be used by rural communities (Art. 12 of Law n°016/2001). The right to use the forest resources in these areas is conferred to the rural communities by the Forest Code in the rural forest domain. Outside of these user rights, nobody can exploit the natural products in the rural forest domain without prior authorisation (Art. 14. of Law n°016/01). Logging titles may be issued in the rural forest domain. The state may also allocate a forest in the rural domain to a rural community in the form of a community forest (Art. 156 to 161 of Law n°016/01). Rural communities have a right of reservation which excludes the area concerned from any other form of title allocation (Art. 5 of order n°106/MFEPRN).

Management rights over forest areas can also be acquired via a permit transfer procedure or by a land tenancy agreement, subject to this being registered with the forestry administration.

Furthermore, any natural or legal person wishing to engage in logging must obtain a professional accreditation, under the conditions established by the applicable regulations (Article 102 of Law n°016/2001 and Decree n°0278-PR-MEF).

Finally, it is useful to note that the Forest Code does not explicitly provide for a legal regime applicable to the complete deforestation of forest areas, for example for the purpose of developing farming projects. Any state-owned forest must be subject to a management plan, which must provide for the protection of the related resources and ecosystems, and is therefore incompatible with deforestation practices (Art. 3 and 20 of Law n°016/01). However, deforestation is not actually explicitly prohibited by the applicable regulations (ClientEarth, 2016).

Applicable legislation
VIEW LESS
1.1 Land tenure and management rights
Last updated on 2022-11-01 Forest titles are allocated despite there being no professional forestry accreditation, or the accreditation is obtained in breach of the regulatory procedures Specified RISK
It is important to note that the information on the actual occupation of land and the delineation of the different areas of national territory is still insufficient and is not centralised, as demonstrated by the creation of the CNAT in 2017, whose work is still on-going. There is no clear, detailed zoning plan, notably due to outdated information, poor imagery and limited involvement of the local populations and communities in the zone classifica... VIEW MORE

It is important to note that the information on the actual occupation of land and the delineation of the different areas of national territory is still insufficient and is not centralised, as demonstrated by the creation of the CNAT in 2017, whose work is still on-going. There is no clear, detailed zoning plan, notably due to outdated information, poor imagery and limited involvement of the local populations and communities in the zone classification procedures. This impacts all the risks relating to land rights and management:

  • Despite owning titles, some logging companies don't have professional forestry accreditations or have not obtained theirs in compliance with the applicable legal procedures (OI-FLEG, 2013; Expert consultation, 2019).
VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Professional forestry accreditation
2
Verify any official document established by the administration that indicates the land's status as a productive forest registered in the permanent forest domain
3
Verify any document clearly stating the rights granted over the area and the regulatory texts and articles enabling the allocation of rights relating to the forest resource that requires clearing
4
Consult Stakeholders (NGOs, central and decentralised administrations, adjoining concessionaires, local populations)
Description of legal requirements
Approval for the forest titles must be granted in compliance with regulatory procedures.
VIEW MORE

The space and resources in the Gabonese Republic are governed by the regulatory texts on land matters (notably Law 1963 on the state-owned domain and the 2012 ordinance on the land ownership regime) and forest matters (notably the 2001 Forest Code).

In 2017, a national land allocation commission (CNAT) was established with the aim of collecting and centralising all information on the allocation of land within national territory, and producing a national land allocation plan (work was still on-going when this document was drawn up).

The regulations stipulate that some land is registered according to the land registration procedure by private individual land owners (Ordinance n°5/2012). All other land forms the national domain, which belongs to the state. This domain is divided into (1) a public domain for land left available to the public or assigned to a public service and (2) a private domain for the remaining land.

According to the Forest Code, all forest land falls under the national domain and constitutes the exclusive property of the state (Art. 13 of Law n°016/01). The national forest domain is divided into (1) the permanent forest domain and (2) the rural forest domain (Art. 5 of Law n°016/01).

The permanent forest domain is in turn divided into (1) classified state forests and (2) registered productive forests.

•   The first sub-division comprises forest land classified in state-owned public domain that has been classified for preservation reasons (e.g. protection forests, botanical gardens, protected areas, etc.) (Art. 7 and 8 of Law n°016/01). Forest land is classified (or declassified) by way of decree following a procedure that involves acknowledging the area, having it deliberated by a classification commission, involving local communities, and having the classification (or declassification) approved by the council of ministers (Art. 9 of Law n°016.01 and Decree n°1032/PE/MEFEPEPN). Customary user rights must be provided for and defined in the classification text (Art. 257 of Law n°016/01). Forest resources cannot be harvested in classified state-owned forests (Art. 93 to 97 of Law n°016/01).

•   In the second sub-division, the forests are part of the state-owned private domain. They are qualified as registered state-owned productive forests. These forests may be allocated to private individuals by way of logging titles (Art. 96 and 97 of Law n°016/01). Management rights over forest land are acquired by way of an adjudication process governed by the regulations (Order n°00640-08/MEFEPA) (see category 1.2 below). Productive forests that have not been allocated form the country’s productive forest reserves. The customary user rights of local communities are provided for in the forest management plan (Art. 257 of Law n°016/01). Furthermore, the law provides for a regulatory text to establish the conditions for constituting productive forests (Art. 6 of Law n°016/01), however this regulatory text does not exist (Brainforest, 2013).

The rural forest domain comprises land and forest that can only be used by rural communities (Art. 12 of Law n°016/2001). The right to use the forest resources in these areas is conferred to the rural communities by the Forest Code in the rural forest domain. Outside of these user rights, nobody can exploit the natural products in the rural forest domain without prior authorisation (Art. 14. of Law n°016/01). Logging titles may be issued in the rural forest domain. The state may also allocate a forest in the rural domain to a rural community in the form of a community forest (Art. 156 to 161 of Law n°016/01). Rural communities have a right of reservation which excludes the area concerned from any other form of title allocation (Art. 5 of order n°106/MFEPRN).

Management rights over forest areas can also be acquired via a permit transfer procedure or by a land tenancy agreement, subject to this being registered with the forestry administration.

Furthermore, any natural or legal person wishing to engage in logging must obtain a professional accreditation, under the conditions established by the applicable regulations (Article 102 of Law n°016/2001 and Decree n°0278-PR-MEF).

Finally, it is useful to note that the Forest Code does not explicitly provide for a legal regime applicable to the complete deforestation of forest areas, for example for the purpose of developing farming projects. Any state-owned forest must be subject to a management plan, which must provide for the protection of the related resources and ecosystems, and is therefore incompatible with deforestation practices (Art. 3 and 20 of Law n°016/01). However, deforestation is not actually explicitly prohibited by the applicable regulations (ClientEarth, 2016).

Applicable legislation
VIEW LESS
1.1 Land tenure and management rights
Last updated on 2022-11-01 Rights are allocated in breach of the regulations where land intended for logging purposes is assigned to other projects, notably agroforestry plantations Specified RISK
It is important to note that the information on the actual occupation of land and the delineation of the different areas of national territory is still insufficient and is not centralised, as demonstrated by the creation of the CNAT in 2017, whose work is still on-going. There is no clear, detailed zoning plan, notably due to outdated information, poor imagery and limited involvement of the local populations and communities in the zone classifica... VIEW MORE

It is important to note that the information on the actual occupation of land and the delineation of the different areas of national territory is still insufficient and is not centralised, as demonstrated by the creation of the CNAT in 2017, whose work is still on-going. There is no clear, detailed zoning plan, notably due to outdated information, poor imagery and limited involvement of the local populations and communities in the zone classification procedures. This impacts all the risks relating to land rights and management:

  • Rights granted in breach of the regulations, where land intended for logging is allocated for other projects, notably agroforestry plantations. Loopholes and incoherences in the applicable legislation, such as the Forest Code not providing for the possibility of deforestation, may lead to a risk of illegality regarding the activities conducted by private individuals in the areas concerned (ClientEarth, 2016, Brainforest, 2013, CED, 2017).
VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Professional forestry accreditation
2
Verify any official document established by the administration that indicates the land's status as a productive forest registered in the permanent forest domain
3
Verify any document clearly stating the rights granted over the area and the regulatory texts and articles enabling the allocation of rights relating to the forest resource that requires clearing
4
Consult Stakeholders (NGOs, central and decentralised administrations, adjoining concessionaires, local populations)
Description of legal requirements
Forest land cannot be allocated to other uses.
VIEW MORE

The space and resources in the Gabonese Republic are governed by the regulatory texts on land matters (notably Law 1963 on the state-owned domain and the 2012 ordinance on the land ownership regime) and forest matters (notably the 2001 Forest Code).

In 2017, a national land allocation commission (CNAT) was established with the aim of collecting and centralising all information on the allocation of land within national territory, and producing a national land allocation plan (work was still on-going when this document was drawn up).

The regulations stipulate that some land is registered according to the land registration procedure by private individual land owners (Ordinance n°5/2012). All other land forms the national domain, which belongs to the state. This domain is divided into (1) a public domain for land left available to the public or assigned to a public service and (2) a private domain for the remaining land.

According to the Forest Code, all forest land falls under the national domain and constitutes the exclusive property of the state (Art. 13 of Law n°016/01). The national forest domain is divided into (1) the permanent forest domain and (2) the rural forest domain (Art. 5 of Law n°016/01).

The permanent forest domain is in turn divided into (1) classified state forests and (2) registered productive forests.

•   The first sub-division comprises forest land classified in state-owned public domain that has been classified for preservation reasons (e.g. protection forests, botanical gardens, protected areas, etc.) (Art. 7 and 8 of Law n°016/01). Forest land is classified (or declassified) by way of decree following a procedure that involves acknowledging the area, having it deliberated by a classification commission, involving local communities, and having the classification (or declassification) approved by the council of ministers (Art. 9 of Law n°016.01 and Decree n°1032/PE/MEFEPEPN). Customary user rights must be provided for and defined in the classification text (Art. 257 of Law n°016/01). Forest resources cannot be harvested in classified state-owned forests (Art. 93 to 97 of Law n°016/01).

•   In the second sub-division, the forests are part of the state-owned private domain. They are qualified as registered state-owned productive forests. These forests may be allocated to private individuals by way of logging titles (Art. 96 and 97 of Law n°016/01). Management rights over forest land are acquired by way of an adjudication process governed by the regulations (Order n°00640-08/MEFEPA) (see category 1.2 below). Productive forests that have not been allocated form the country’s productive forest reserves. The customary user rights of local communities are provided for in the forest management plan (Art. 257 of Law n°016/01). Furthermore, the law provides for a regulatory text to establish the conditions for constituting productive forests (Art. 6 of Law n°016/01), however this regulatory text does not exist (Brainforest, 2013).

The rural forest domain comprises land and forest that can only be used by rural communities (Art. 12 of Law n°016/2001). The right to use the forest resources in these areas is conferred to the rural communities by the Forest Code in the rural forest domain. Outside of these user rights, nobody can exploit the natural products in the rural forest domain without prior authorisation (Art. 14. of Law n°016/01). Logging titles may be issued in the rural forest domain. The state may also allocate a forest in the rural domain to a rural community in the form of a community forest (Art. 156 to 161 of Law n°016/01). Rural communities have a right of reservation which excludes the area concerned from any other form of title allocation (Art. 5 of order n°106/MFEPRN).

Management rights over forest areas can also be acquired via a permit transfer procedure or by a land tenancy agreement, subject to this being registered with the forestry administration.

Furthermore, any natural or legal person wishing to engage in logging must obtain a professional accreditation, under the conditions established by the applicable regulations (Article 102 of Law n°016/2001 and Decree n°0278-PR-MEF).

Finally, it is useful to note that the Forest Code does not explicitly provide for a legal regime applicable to the complete deforestation of forest areas, for example for the purpose of developing farming projects. Any state-owned forest must be subject to a management plan, which must provide for the protection of the related resources and ecosystems, and is therefore incompatible with deforestation practices (Art. 3 and 20 of Law n°016/01). However, deforestation is not actually explicitly prohibited by the applicable regulations (ClientEarth, 2016).

Applicable legislation
VIEW LESS
1.2 Concession licenses
Last updated on 2022-11-01 The regulatory requirements relating to the stages of the allocation process and the implementation of forestry concessions (CPAET/CFAD and PFA) are violated (no call for tenders, incomplete technical and financial files, no professional forestry accreditation) Specified RISK
Failure to respect the regulatory requirements relating to the stages of the allocation process and the implementation of forestry concessions (CPAET/CFAD et PFA) (Expert consultation, 2019). This notably includes the allocation of concessions: o   in the absence of a tender process;o   based on incomplete technical and financial files (missing documents); o   in the absence of a professional forestry accreditation.... VIEW MORE

Failure to respect the regulatory requirements relating to the stages of the allocation process and the implementation of forestry concessions (CPAET/CFAD et PFA) (Expert consultation, 2019). This notably includes the allocation of concessions:

o   in the absence of a tender process;

o   based on incomplete technical and financial files (missing documents);

o   in the absence of a professional forestry accreditation. VIEW LESS

The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Professional forestry accreditation
2
Verify Tender notice
3
Verify Awarding committee report
4
Verify Provisional management, exploitation and processing agreement
5
Verify CFAD approval from the Ministry of Forests
6
Verify Allocation decree from the Prime Minister if available
7
Verify PFA allocation order
8
Consult Stakeholders (NGOs, central and decentralised administrations, adjoining concessionaires, local populations)
Description of legal requirements
The regulatory requirements relating to the stages of the allocation process and the implementation of forest concessions are respected.
VIEW MORE

CPAET/CFAD

Forestry concessions under sustainable management are surface area permits allocated in state-owned productive forests. Their surface area is between 50,000 and 200,000 hectares.

The procedure for allocating a CFAD starts with a provisional management, exploitation and processing agreement (CPAET) being allocated through a tender procedure (Articles 106a, 106b and 108 of Law n°016/2001 modified by Ordinance n°011/PR/2008) (see below for the tender procedure). The CPAET is concluded between the applicant and the Administration of Water and Forests. It is assigned for a maximum of three years. It does not constitute a logging title, but enables the concessionaire to carry out the operations necessary to be able to draw up the management plan and industrialisation plan within the area requested.

For the three years during which the CPAET is valid, the owner is authorised to carry out logging activities. The Administration of Water and Forests may suspend the logging operations if the provisions stipulated by the CPAET are not respected.

At the end of the three years, the CPAET holder files a request for a CFAD accompanied by the associated management plan and industrialisation plan. If the request is accepted, the CFAD is allocated by way of a CFAD approval and a CFAD allocation decree signed by the prime minister (Articles 108 and 110 of Law n°016/2001, modified by Ordinance n°011/PR/2008).

N.b.: It seems that in practice, the CFAD allocation decrees are not signed by the government. In practice, the concessionaires therefore do not have this document.

PFA

Associated forestry permits are reserved for Gabonese nationals. Their maximum surface area is 50,000 hectares and they are allocated within productive state-owned forests (Art. 96 of Law n°016/2001). They can either by managed by the permit holder, or they can be part of a larger CFAD (and the management is therefore taken care of by the CFAD holder).

PFAs are allocated by way of a tender procedure (Art. 102b of Law n°016/2001 modified by Ordinance n°011/PR/2008) (see below for the tender procedure). They are issued by an allocation order issued by the Ministry of Water and Forests.

Use of the PFA is contingent upon the Head of the Provincial Inspectorate of Forestry issuing their authorisation (Art. 113 of Law n°016/2001).

Tender procedure (CPAET/CFAD and PFA)

Forestry concessions under sustainable management (CPAET/CFAD) and associated forestry permits (PFA) are allocated by way of a tender procedure, the modalities of which are established by the applicable regulations (Art. 102b of Law n°016/2001 modified by Ordinance n°011/PR/2008 and Order n°00640/08/MEFEPA).

Any natural or legal person legally established on national territory with a professional accreditation may submit a bid. The public is informed of the tender procedure by the Ministry of Forests at least 15 days in advance, by way of a notice in the press and posters in the offices of the provincial inspectorates, departmental authorities and district authorities. This notice notably indicates the number of lots, their location and the procedure for submitting and withdrawing bids.

Upon publication of the tender notice announcing the tender process, a set of contractual specifications stating the specific obligations of each of the lots is made available to the potential bidders.

The committee for the industrialisation of the timber sector selects the winning bidders (checks the legality of the offers, scores the offers, makes the final ranking and draws up the report).

The bidders are selected in line with several criteria, including available logging equipment, financial capacities and performance guarantees, technical capacities, professional experience and whether they meet the commitments and rules for operating in forest areas.

However, if no winning bid is selected, the CPAET/CFAD and PFA may be allocated on the basis of a private agreement (Art. 102c of Law n°016/2001 modified by Ordinance n°011/PR/2008).

Transferring permits (CFAD and PFA)

Concession rights can also be acquired via a permit transfer procedure, which applies to CFADs and PFAs, subject to approval from the Administration of Water and Forests (Article 150a of Law n°016/2001). Handovers, transmissions and transfers of associated forestry permits are only authorised between nationals (Article 150b (new) of Law n°016/2001).

Several CFADs or PFAs can also be grouped together to form one CFAD. The total surface area of any group of CFADs cannot exceed 600,000 hectares.

Community forests

Community forests are forests in the rural forest domain allocated by the state to a village community, based on a management agreement (Art. 2 of Order n°018-MEF-SG-DGF-DFC).

The regulations define what it means to be a village community (Art. 3 and 4 of Order n°018-MEF-SG-DGF-DFC). The village community must set up a committee and must also formalise a legal management entity (Art. 5 and 6 of Order n°018-MEF-SG-DGF-DFC).

There are several preliminary stages, including one or several awareness and information meetings, participatory mapping, a dialogue meeting and the submission of an allocation application.

If the application is approved, a provisional management agreement is signed. Once the simplified management programme has been drawn up and validated, the management agreement is signed between the Ministry of Water and Forests and the community concerned (Art. 7 to 18 of Order n°018-MEF-SG-DGF-DFC).

Forests subject to a reservation (right acknowledged and assigned by the forestry administration to a village community that wants to be involved in the creation of a community forest) are exempt from all other forms of logging title allocations (Article 5 of Order n°106/MFEPRN).

Land tenancy

A title holder may transfer the management of their concession to an accredited operator in the forestry profession. The interested parties sign a tenancy agreement to this effect, based on templates drawn up by the Administration of Water and Forests (Articles 150 to 150c (new) of Law n°016/2001).

The exploitation or use of community forests may also be transferred by way of a tenancy contract, based on a template provided for by the applicable regulations (Art. 2, 3 and Annex of Order n°000366/MEF/CAB-ME).

Legally required documents
Applicable legislation
VIEW LESS
1.2 Concession licenses
Last updated on 2022-11-01 Acts of corruption and/or influence peddling are practised during the allocation of forest concessions (CPAET/CFAD and PFA) Specified RISK
Corruption and/or influence peddling during the allocation of forest concessions (CPAET/CFAD and PFA) (Willy, 2012; Brainforest, 2013). Concessions are sometimes allocated to a legal or natural person closely related to the political decision-makers, but who do not have the physical capacities necessary to manage a concession. Once the title has been allocated, the logging activities are subcontracted.... VIEW MORE

Corruption and/or influence peddling during the allocation of forest concessions (CPAET/CFAD and PFA) (Willy, 2012; Brainforest, 2013). Concessions are sometimes allocated to a legal or natural person closely related to the political decision-makers, but who do not have the physical capacities necessary to manage a concession. Once the title has been allocated, the logging activities are subcontracted. VIEW LESS

The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Professional forestry accreditation
2
Verify Tender notice
3
Verify Awarding committee report
4
Verify Provisional management, exploitation and processing agreement
5
Verify CFAD approval from the Ministry of Forests
6
Verify Allocation decree from the Prime Minister if available
7
Verify PFA allocation order
8
Consult Stakeholders (NGOs, central and decentralised administrations, adjoining concessionaires, local populations)
Description of legal requirements
The allocation of forest concessions is not influenced by corrupt practices and/or influence peddling.
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CPAET/CFAD

Forestry concessions under sustainable management are surface area permits allocated in state-owned productive forests. Their surface area is between 50,000 and 200,000 hectares.

The procedure for allocating a CFAD starts with a provisional management, exploitation and processing agreement (CPAET) being allocated through a tender procedure (Articles 106a, 106b and 108 of Law n°016/2001 modified by Ordinance n°011/PR/2008) (see below for the tender procedure). The CPAET is concluded between the applicant and the Administration of Water and Forests. It is assigned for a maximum of three years. It does not constitute a logging title, but enables the concessionaire to carry out the operations necessary to be able to draw up the management plan and industrialisation plan within the area requested.

For the three years during which the CPAET is valid, the owner is authorised to carry out logging activities. The Administration of Water and Forests may suspend the logging operations if the provisions stipulated by the CPAET are not respected.

At the end of the three years, the CPAET holder files a request for a CFAD accompanied by the associated management plan and industrialisation plan. If the request is accepted, the CFAD is allocated by way of a CFAD approval and a CFAD allocation decree signed by the prime minister (Articles 108 and 110 of Law n°016/2001, modified by Ordinance n°011/PR/2008).

N.b.: It seems that in practice, the CFAD allocation decrees are not signed by the government. In practice, the concessionaires therefore do not have this document.

PFA

Associated forestry permits are reserved for Gabonese nationals. Their maximum surface area is 50,000 hectares and they are allocated within productive state-owned forests (Art. 96 of Law n°016/2001). They can either by managed by the permit holder, or they can be part of a larger CFAD (and the management is therefore taken care of by the CFAD holder).

PFAs are allocated by way of a tender procedure (Art. 102b of Law n°016/2001 modified by Ordinance n°011/PR/2008) (see below for the tender procedure). They are issued by an allocation order issued by the Ministry of Water and Forests.

Use of the PFA is contingent upon the Head of the Provincial Inspectorate of Forestry issuing their authorisation (Art. 113 of Law n°016/2001).

Tender procedure (CPAET/CFAD and PFA)

Forestry concessions under sustainable management (CPAET/CFAD) and associated forestry permits (PFA) are allocated by way of a tender procedure, the modalities of which are established by the applicable regulations (Art. 102b of Law n°016/2001 modified by Ordinance n°011/PR/2008 and Order n°00640/08/MEFEPA).

Any natural or legal person legally established on national territory with a professional accreditation may submit a bid. The public is informed of the tender procedure by the Ministry of Forests at least 15 days in advance, by way of a notice in the press and posters in the offices of the provincial inspectorates, departmental authorities and district authorities. This notice notably indicates the number of lots, their location and the procedure for submitting and withdrawing bids.

Upon publication of the tender notice announcing the tender process, a set of contractual specifications stating the specific obligations of each of the lots is made available to the potential bidders.

The committee for the industrialisation of the timber sector selects the winning bidders (checks the legality of the offers, scores the offers, makes the final ranking and draws up the report).

The bidders are selected in line with several criteria, including available logging equipment, financial capacities and performance guarantees, technical capacities, professional experience and whether they meet the commitments and rules for operating in forest areas.

However, if no winning bid is selected, the CPAET/CFAD and PFA may be allocated on the basis of a private agreement (Art. 102c of Law n°016/2001 modified by Ordinance n°011/PR/2008).

Transferring permits (CFAD and PFA)

Concession rights can also be acquired via a permit transfer procedure, which applies to CFADs and PFAs, subject to approval from the Administration of Water and Forests (Article 150a of Law n°016/2001). Handovers, transmissions and transfers of associated forestry permits are only authorised between nationals (Article 150b (new) of Law n°016/2001).

Several CFADs or PFAs can also be grouped together to form one CFAD. The total surface area of any group of CFADs cannot exceed 600,000 hectares.

Community forests

Community forests are forests in the rural forest domain allocated by the state to a village community, based on a management agreement (Art. 2 of Order n°018-MEF-SG-DGF-DFC).

The regulations define what it means to be a village community (Art. 3 and 4 of Order n°018-MEF-SG-DGF-DFC). The village community must set up a committee and must also formalise a legal management entity (Art. 5 and 6 of Order n°018-MEF-SG-DGF-DFC).

There are several preliminary stages, including one or several awareness and information meetings, participatory mapping, a dialogue meeting and the submission of an allocation application.

If the application is approved, a provisional management agreement is signed. Once the simplified management programme has been drawn up and validated, the management agreement is signed between the Ministry of Water and Forests and the community concerned (Art. 7 to 18 of Order n°018-MEF-SG-DGF-DFC).

Forests subject to a reservation (right acknowledged and assigned by the forestry administration to a village community that wants to be involved in the creation of a community forest) are exempt from all other forms of logging title allocations (Article 5 of Order n°106/MFEPRN).

Land tenancy

A title holder may transfer the management of their concession to an accredited operator in the forestry profession. The interested parties sign a tenancy agreement to this effect, based on templates drawn up by the Administration of Water and Forests (Articles 150 to 150c (new) of Law n°016/2001).

The exploitation or use of community forests may also be transferred by way of a tenancy contract, based on a template provided for by the applicable regulations (Art. 2, 3 and Annex of Order n°000366/MEF/CAB-ME).

Legally required documents
Applicable legislation
VIEW LESS
1.2 Concession licenses
Last updated on 2022-11-01 The regulatory obligations are not respected during the transactions relating to forest concessions between operators (transfer, land tenancy, leasing) Specified RISK
Some transactions between accredited operators are not carried out in strict compliance with the applicable regulations (Expert consultation, 2019). The following discrepancies have been identified: Some national operators with PFAs transfer them to foreigners owning companies registered in Gabon (breach of the provisions of Article 150b of Law n°016/2001);Tenancy contracts are not always registered (breach of the provisions of Article 150c of L... VIEW MORE

Some transactions between accredited operators are not carried out in strict compliance with the applicable regulations (Expert consultation, 2019). The following discrepancies have been identified:

  • Some national operators with PFAs transfer them to foreigners owning companies registered in Gabon (breach of the provisions of Article 150b of Law n°016/2001);
  • Tenancy contracts are not always registered (breach of the provisions of Article 150c of Law n°016/2001);
  • The tenancy contracts do not stipulate the technical and financial conditions as required by the templates drawn up by the Administration of Water and Forests (breach of the provisions of Article 150c of Law n°016/2001); 
VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Professional forestry accreditation
2
Verify Title transfer authorisation
3
Verify Tenancy contract
4
Verify proof that the village information, participatory mapping and collaboration meetings relating to the community forest application have taken place
5
Verify Management agreement
6
Consult Stakeholders (NGOs, central and decentralised administrations, adjoining concessionaires, local populations)
Description of legal requirements
The regulatory requirements applicable to transactions relating to forest concessions between operators (transfer, rent, lease) are complied with.
VIEW MORE

CPAET/CFAD

Forestry concessions under sustainable management are surface area permits allocated in state-owned productive forests. Their surface area is between 50,000 and 200,000 hectares.

The procedure for allocating a CFAD starts with a provisional management, exploitation and processing agreement (CPAET) being allocated through a tender procedure (Articles 106a, 106b and 108 of Law n°016/2001 modified by Ordinance n°011/PR/2008) (see below for the tender procedure). The CPAET is concluded between the applicant and the Administration of Water and Forests. It is assigned for a maximum of three years. It does not constitute a logging title, but enables the concessionaire to carry out the operations necessary to be able to draw up the management plan and industrialisation plan within the area requested.

For the three years during which the CPAET is valid, the owner is authorised to carry out logging activities. The Administration of Water and Forests may suspend the logging operations if the provisions stipulated by the CPAET are not respected.

At the end of the three years, the CPAET holder files a request for a CFAD accompanied by the associated management plan and industrialisation plan. If the request is accepted, the CFAD is allocated by way of a CFAD approval and a CFAD allocation decree signed by the prime minister (Articles 108 and 110 of Law n°016/2001, modified by Ordinance n°011/PR/2008).

N.b.: It seems that in practice, the CFAD allocation decrees are not signed by the government. In practice, the concessionaires therefore do not have this document.

PFA

Associated forestry permits are reserved for Gabonese nationals. Their maximum surface area is 50,000 hectares and they are allocated within productive state-owned forests (Art. 96 of Law n°016/2001). They can either by managed by the permit holder, or they can be part of a larger CFAD (and the management is therefore taken care of by the CFAD holder).

PFAs are allocated by way of a tender procedure (Art. 102b of Law n°016/2001 modified by Ordinance n°011/PR/2008) (see below for the tender procedure). They are issued by an allocation order issued by the Ministry of Water and Forests.

Use of the PFA is contingent upon the Head of the Provincial Inspectorate of Forestry issuing their authorisation (Art. 113 of Law n°016/2001).

Tender procedure (CPAET/CFAD and PFA)

Forestry concessions under sustainable management (CPAET/CFAD) and associated forestry permits (PFA) are allocated by way of a tender procedure, the modalities of which are established by the applicable regulations (Art. 102b of Law n°016/2001 modified by Ordinance n°011/PR/2008 and Order n°00640/08/MEFEPA).

Any natural or legal person legally established on national territory with a professional accreditation may submit a bid. The public is informed of the tender procedure by the Ministry of Forests at least 15 days in advance, by way of a notice in the press and posters in the offices of the provincial inspectorates, departmental authorities and district authorities. This notice notably indicates the number of lots, their location and the procedure for submitting and withdrawing bids.

Upon publication of the tender notice announcing the tender process, a set of contractual specifications stating the specific obligations of each of the lots is made available to the potential bidders.

The committee for the industrialisation of the timber sector selects the winning bidders (checks the legality of the offers, scores the offers, makes the final ranking and draws up the report).

The bidders are selected in line with several criteria, including available logging equipment, financial capacities and performance guarantees, technical capacities, professional experience and whether they meet the commitments and rules for operating in forest areas.

However, if no winning bid is selected, the CPAET/CFAD and PFA may be allocated on the basis of a private agreement (Art. 102c of Law n°016/2001 modified by Ordinance n°011/PR/2008).

Transferring permits (CFAD and PFA)

Concession rights can also be acquired via a permit transfer procedure, which applies to CFADs and PFAs, subject to approval from the Administration of Water and Forests (Article 150a of Law n°016/2001). Handovers, transmissions and transfers of associated forestry permits are only authorised between nationals (Article 150b (new) of Law n°016/2001).

Several CFADs or PFAs can also be grouped together to form one CFAD. The total surface area of any group of CFADs cannot exceed 600,000 hectares.

Community forests

Community forests are forests in the rural forest domain allocated by the state to a village community, based on a management agreement (Art. 2 of Order n°018-MEF-SG-DGF-DFC).

The regulations define what it means to be a village community (Art. 3 and 4 of Order n°018-MEF-SG-DGF-DFC). The village community must set up a committee and must also formalise a legal management entity (Art. 5 and 6 of Order n°018-MEF-SG-DGF-DFC).

There are several preliminary stages, including one or several awareness and information meetings, participatory mapping, a dialogue meeting and the submission of an allocation application.

If the application is approved, a provisional management agreement is signed. Once the simplified management programme has been drawn up and validated, the management agreement is signed between the Ministry of Water and Forests and the community concerned (Art. 7 to 18 of Order n°018-MEF-SG-DGF-DFC).

Forests subject to a reservation (right acknowledged and assigned by the forestry administration to a village community that wants to be involved in the creation of a community forest) are exempt from all other forms of logging title allocations (Article 5 of Order n°106/MFEPRN).

Land tenancy

A title holder may transfer the management of their concession to an accredited operator in the forestry profession. The interested parties sign a tenancy agreement to this effect, based on templates drawn up by the Administration of Water and Forests (Articles 150 to 150c (new) of Law n°016/2001).

The exploitation or use of community forests may also be transferred by way of a tenancy contract, based on a template provided for by the applicable regulations (Art. 2, 3 and Annex of Order n°000366/MEF/CAB-ME).

Legally required documents
Applicable legislation
VIEW LESS
1.3 Management and harvesting planning
Last updated on 2022-11-01 The preliminary assessments for the drafting of the management plan or simplified management programme are carried out or validated in breach of the established regulations (notably resource inventories and socio-economic assessment) Specified RISK
Based on Expert consultation, 2019... VIEW MOREBased on Expert consultation, 2019 VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Draft management inventory
2
Verify Socio-economic study report
3
Verify Approval of the inventory results by the forestry administration
4
Verify Forest management plan
5
Verify Order approving the management plan
6
Verify Letter approving the five-year management programme
7
Verify Annual operations plan
8
Verify Simplified management programme
9
Verify Inventory report for the five-year block
10
Verify Tree marking report
11
Visit Harvesting site
12
Consult Stakeholders (NGOs, central and decentralised administrations, adjoining concessionaires, local populations)
Description of legal requirements
The preliminary assessments for the development of the management plan or the simplified management plan comply with the standards set.
VIEW MORE

CPAET/CFAD

All industrial forest concessions cover one or several “forest management units” (UFA) (Art. 3. of Decree n°689/PR/MEFEPEPN). For each UFA, a forest management plan must be drawn up (Art. 20 and 21 of Law n°016/2001). The forest management plan must be drawn up before the CFAD is allocated, during the maximum three-year period of the provisional management, exploitation and processing agreement (CPAET) concluded with the Administration of Water and Forests.

Where they are not executed by the concessionaire, the forest management plan and related work must be assigned either to a specialist firm accredited by the ministry of water and forests, or to the Administration of Water and Forests (Article 4 of Decree n°689/PR/MEFEPEPN).

Once the forest management plan has been approved by the authorities concerned, it binds the company for a period of no less than twenty years (normally 30 years).

During the forest management plan development period, logging is permitted by the concessionaire within the limits of provisional annual allowable cuts, subject to certain conditions.

Decree n°0689/PR/MEFEPEPN and the 2004 technical guide specify the stages involved in drawing up the forest management plan and the applicable framework. The forest management plan must be drawn up in line with the following stages:

•   Forest map: An initial forest map presenting a description of the plant formations and topography is drawn up.

•   Management inventory: The concessionaire must deliver their draft management inventory within six (6) months from the date on which the provisional agreement is signed. Failure to do so shall lead to the provisional agreement being rescinded. The draft must be validated by the forestry administration before the inventory works are initiated. The forest management inventory evaluates the timber resources available in the long term, how they are distributed within the space, and how they will change over time. It covers the entirety of the area to be exploited. All of the data collected over the course of the management inventory phase must be transmitted in digital format at least six (6) months before the expiry of the Provisional Agreement. The forestry administration must also approve the inventory results. Based on the results, some species may be banned from being harvested due to their low density, or may be assigned a Minimum Cutting Diameter (DMA) that is higher than the national regulation.

•   Socio-economic diagnosis: This diagnosis provides an evaluation of the local populations living within or just outside the concession, and of the workers and residents of the logging camps. It provides an overview of aspects such as living conditions, health and safety, food and living supplies, pressure on the forest ecosystems, safety at work, and more generally, social expectations. It involves consulting the local populations and asking them to identify the areas they traditionally use within the concession, as well as the natural resources that contribute to improving their quality of life. The socio-economic study report must be transmitted to the forestry administration before the end of the second year following the signature of the provisional agreement.

•   Biodiversity diagnosis: This diagnosis provides an inventory of the animal populations and ecosystems found within the concession. Any threats to the wildlife are also identified during this phase. The wildlife study report must be transmitted to the forestry administration before the end of the second year following the signature of the provisional agreement.

•   Forest management plan and forest zoning: Following these preparatory stages, the forest management plan can be drawn up. The concession is split into different zones called “series”, responding to specific objectives (for example, a conservation series, a farming series, a lumber production series, etc.). These series are themselves split into Forest Management Units (UFG), each corresponding to around 5 years of forest management activities. Their rotation schedule is determined so as to maintain fairly constant annual production in terms of quantity and species.

•   Adoption of the forest management plan: The approval of the forest management plan is pronounced by an order issued by the ministry for water and forests, following consultation of the committee for the industrialisation of the wood sector (Article 47 of Decree n° 689/PR/MEFEPEPN). It can be revised every five years. All requests to have the forest management plan revised must state the restrictions or new information behind the request, the aspects of the forest management plan they wish to be revised, and the new proposed groundings along with their justifications. It must be accompanied by a draft amendment to the forest management plan and, if applicable, to the contractual specifications (Article 48 of Decree n° 689/PR/MEFEPEPN of 24 August 2004).

After the CFAD has been allocated based on the validated forest management plan, its implementation can begin. The plan is broken down into detailed forest management documents for each five-year (forest management unit) and annual (annual allowable cut) logging area.

As such, the forest management units (UFG) are each covered by a management programme (Art. 28 and 30 of Law n°016/2001), which notably includes the characteristics of the UFG, the characteristics of the resource and its target species, and the delineation of the annual allowable cuts (AAC).

An annual operations plan (PAO) is drawn up each year for each annual allowable cut (AAC) opened (Art. 45 of Law n°016/2001). This is drawn up once a logging inventory has been produced for the AAC (a more detailed inventory than the forest management inventory). The PAO notably states the results of the logging inventory, the location of the resources, an outline of the skid trails and logyards, and a schedule of the logging operations, including reforestation, artificial regeneration, the creation of infrastructure or other inventories, etc. It must be drawn up in line with the framework proposed in the technical guide for annual operations plans. All resources that are required to verify the inventory works must be attached to the PAO (declaration of delineation of the area, declaration of conformity of the inventory works, etc.).

PFA

If the PFA is integrated within a CFAD, the forest management is carried out by the CFAD concessionaire, in accordance with the information below.

If the PFA is not integrated within a CFAD, the owner of the PFA is responsible for the forest management (Art. 96 and 99 of Law n°016/2001), still in line with the same procedure for drawing up a forest management plan, validating it and subsequently implementing it (application of Decree n° 689/PR/MEFEPEPN).

Community forests

Community forests are all managed under a simplified regime. Once the application to create a community forest has been accepted, the simplified sustainable management programme is drawn up, either by and on the initiative of the Administration of Water and Forests, or by the community with assistance from a water and forests official (Art. 6. Decree n°001028/PR/MEFEPEPN).

The inventories and map are required as preparatory documents. If these are produced by the community, they must be validated by the Administration of Water and Forests. If they are produced by the Administration of Water and Forests, this work is free (Art. 7 of Decree n°001028/PR/MEFEPEPN).

The finalised simplified management programme must notably indicate the priority uses and an action plan (Art. 8 of Decree n°001028/PR/MEFEPEPN).

After this, an inventory is carried out of the five-year blocks defined by the simplified management programme, the report of which is validated by the Administration of Water and Forests, which shall then issue the annual logging quotas (Art. 6 of Order n°000365/MEF/CAB/ME).

PGG, ACSBL and ASC

The surface area covered by permits by private agreement (PGG), special logging authorisations (ASC) and authorisations for sawing wood lengthwise (ACSBL) is not subject to a forest management plan. Only the trees to be harvested are identified and subject to a prior declaration.

•   PGG: During the PGG allocation request procedure, officials from the Administration of Water and Forests carry out botanical checks, mark the trees identified by the applicant with a hammer and produce a tree marking report, as well as a map of where the trees are located (Art. 14 of Order n°136/MEF). Logging is also conducted in line with an operations plan validated by the Administration of Water and Forests (Order n°136/MEF).

•   ASC and ACSBL: For ASCs (5 trees maximum) and ACSBLs (15 trees maximum), the Administration of Water and Forests carries out a prior identification of the trees requested, marks them, and produces a related report (Art. 7 of Order n°000669/MEF and Art. 3, 6 and 7 of Order n°104/MFEPRN/SG/DGF/DEPRC/SR).

Legally required documents
Applicable legislation
VIEW LESS
1.3 Management and harvesting planning
Last updated on 2022-11-01 Logging operations take place in the absence of a forest management plan, management programme, annual operations plan or simplified management programme, as applicable Specified RISK
Based on Expert consultation, 2020... VIEW MOREBased on Expert consultation, 2020 VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Draft management inventory
2
Verify Socio-economic study report
3
Verify Approval of the inventory results by the forestry administration
4
Verify Forest management plan
5
Verify Order approving the management plan
6
Verify Letter approving the five-year management programme
7
Verify Annual operations plan
8
Verify Simplified management programme
9
Verify Inventory report for the five-year block
10
Verify Tree marking report
11
Visit Harvesting site
12
Consult Stakeholders (NGOs, central and decentralised administrations, adjoining concessionaires, local populations)
Description of legal requirements
No exploitation takes place in the absence of the forest management plan, management programme, annual operations plan or simplified management programme
VIEW MORE

CPAET/CFAD

All industrial forest concessions cover one or several “forest management units” (UFA) (Art. 3. of Decree n°689/PR/MEFEPEPN). For each UFA, a forest management plan must be drawn up (Art. 20 and 21 of Law n°016/2001). The forest management plan must be drawn up before the CFAD is allocated, during the maximum three-year period of the provisional management, exploitation and processing agreement (CPAET) concluded with the Administration of Water and Forests.

Where they are not executed by the concessionaire, the forest management plan and related work must be assigned either to a specialist firm accredited by the ministry of water and forests, or to the Administration of Water and Forests (Article 4 of Decree n°689/PR/MEFEPEPN).

Once the forest management plan has been approved by the authorities concerned, it binds the company for a period of no less than twenty years (normally 30 years).

During the forest management plan development period, logging is permitted by the concessionaire within the limits of provisional annual allowable cuts, subject to certain conditions.

Decree n°0689/PR/MEFEPEPN and the 2004 technical guide specify the stages involved in drawing up the forest management plan and the applicable framework. The forest management plan must be drawn up in line with the following stages:

•   Forest map: An initial forest map presenting a description of the plant formations and topography is drawn up.

•   Management inventory: The concessionaire must deliver their draft management inventory within six (6) months from the date on which the provisional agreement is signed. Failure to do so shall lead to the provisional agreement being rescinded. The draft must be validated by the forestry administration before the inventory works are initiated. The forest management inventory evaluates the timber resources available in the long term, how they are distributed within the space, and how they will change over time. It covers the entirety of the area to be exploited. All of the data collected over the course of the management inventory phase must be transmitted in digital format at least six (6) months before the expiry of the Provisional Agreement. The forestry administration must also approve the inventory results. Based on the results, some species may be banned from being harvested due to their low density, or may be assigned a Minimum Cutting Diameter (DMA) that is higher than the national regulation.

•   Socio-economic diagnosis: This diagnosis provides an evaluation of the local populations living within or just outside the concession, and of the workers and residents of the logging camps. It provides an overview of aspects such as living conditions, health and safety, food and living supplies, pressure on the forest ecosystems, safety at work, and more generally, social expectations. It involves consulting the local populations and asking them to identify the areas they traditionally use within the concession, as well as the natural resources that contribute to improving their quality of life. The socio-economic study report must be transmitted to the forestry administration before the end of the second year following the signature of the provisional agreement.

•   Biodiversity diagnosis: This diagnosis provides an inventory of the animal populations and ecosystems found within the concession. Any threats to the wildlife are also identified during this phase. The wildlife study report must be transmitted to the forestry administration before the end of the second year following the signature of the provisional agreement.

•   Forest management plan and forest zoning: Following these preparatory stages, the forest management plan can be drawn up. The concession is split into different zones called “series”, responding to specific objectives (for example, a conservation series, a farming series, a lumber production series, etc.). These series are themselves split into Forest Management Units (UFG), each corresponding to around 5 years of forest management activities. Their rotation schedule is determined so as to maintain fairly constant annual production in terms of quantity and species.

•   Adoption of the forest management plan: The approval of the forest management plan is pronounced by an order issued by the ministry for water and forests, following consultation of the committee for the industrialisation of the wood sector (Article 47 of Decree n° 689/PR/MEFEPEPN). It can be revised every five years. All requests to have the forest management plan revised must state the restrictions or new information behind the request, the aspects of the forest management plan they wish to be revised, and the new proposed groundings along with their justifications. It must be accompanied by a draft amendment to the forest management plan and, if applicable, to the contractual specifications (Article 48 of Decree n° 689/PR/MEFEPEPN of 24 August 2004).

After the CFAD has been allocated based on the validated forest management plan, its implementation can begin. The plan is broken down into detailed forest management documents for each five-year (forest management unit) and annual (annual allowable cut) logging area.

As such, the forest management units (UFG) are each covered by a management programme (Art. 28 and 30 of Law n°016/2001), which notably includes the characteristics of the UFG, the characteristics of the resource and its target species, and the delineation of the annual allowable cuts (AAC).

An annual operations plan (PAO) is drawn up each year for each annual allowable cut (AAC) opened (Art. 45 of Law n°016/2001). This is drawn up once a logging inventory has been produced for the AAC (a more detailed inventory than the forest management inventory). The PAO notably states the results of the logging inventory, the location of the resources, an outline of the skid trails and logyards, and a schedule of the logging operations, including reforestation, artificial regeneration, the creation of infrastructure or other inventories, etc. It must be drawn up in line with the framework proposed in the technical guide for annual operations plans. All resources that are required to verify the inventory works must be attached to the PAO (declaration of delineation of the area, declaration of conformity of the inventory works, etc.).

PFA

If the PFA is integrated within a CFAD, the forest management is carried out by the CFAD concessionaire, in accordance with the information below.

If the PFA is not integrated within a CFAD, the owner of the PFA is responsible for the forest management (Art. 96 and 99 of Law n°016/2001), still in line with the same procedure for drawing up a forest management plan, validating it and subsequently implementing it (application of Decree n° 689/PR/MEFEPEPN).

Community forests

Community forests are all managed under a simplified regime. Once the application to create a community forest has been accepted, the simplified sustainable management programme is drawn up, either by and on the initiative of the Administration of Water and Forests, or by the community with assistance from a water and forests official (Art. 6. Decree n°001028/PR/MEFEPEPN).

The inventories and map are required as preparatory documents. If these are produced by the community, they must be validated by the Administration of Water and Forests. If they are produced by the Administration of Water and Forests, this work is free (Art. 7 of Decree n°001028/PR/MEFEPEPN).

The finalised simplified management programme must notably indicate the priority uses and an action plan (Art. 8 of Decree n°001028/PR/MEFEPEPN).

After this, an inventory is carried out of the five-year blocks defined by the simplified management programme, the report of which is validated by the Administration of Water and Forests, which shall then issue the annual logging quotas (Art. 6 of Order n°000365/MEF/CAB/ME).

Legally required documents
Applicable legislation
VIEW LESS
1.3 Management and harvesting planning
Last updated on 2022-11-01 The provisions of the forest management plan, management programme, annual operations plan or simplified management programme are only partially implemented Specified RISK
Based on Expert consultation, 2021... VIEW MOREBased on Expert consultation, 2021 VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Draft management inventory
2
Verify Socio-economic study report
3
Verify Approval of the inventory results by the forestry administration
4
Verify Forest management plan
5
Verify Order approving the management plan
6
Verify Letter approving the five-year management programme
7
Verify Annual operations plan
8
Verify Simplified management programme
9
Verify Inventory report for the five-year block
10
Verify Tree marking report
11
Visit Harvesting site
12
Consult Stakeholders (NGOs, central and decentralised administrations, adjoining concessionaires, local populations)
Description of legal requirements
The provisions of the forest management plan, management programme, annual operations plan or simplified management programme (as the case may be) are fully followed and implemented.
VIEW MORE

CPAET/CFAD

All industrial forest concessions cover one or several “forest management units” (UFA) (Art. 3. of Decree n°689/PR/MEFEPEPN). For each UFA, a forest management plan must be drawn up (Art. 20 and 21 of Law n°016/2001). The forest management plan must be drawn up before the CFAD is allocated, during the maximum three-year period of the provisional management, exploitation and processing agreement (CPAET) concluded with the Administration of Water and Forests.

Where they are not executed by the concessionaire, the forest management plan and related work must be assigned either to a specialist firm accredited by the ministry of water and forests, or to the Administration of Water and Forests (Article 4 of Decree n°689/PR/MEFEPEPN).

Once the forest management plan has been approved by the authorities concerned, it binds the company for a period of no less than twenty years (normally 30 years).

During the forest management plan development period, logging is permitted by the concessionaire within the limits of provisional annual allowable cuts, subject to certain conditions.

Decree n°0689/PR/MEFEPEPN and the 2004 technical guide specify the stages involved in drawing up the forest management plan and the applicable framework. The forest management plan must be drawn up in line with the following stages:

•   Forest map: An initial forest map presenting a description of the plant formations and topography is drawn up.

•   Management inventory: The concessionaire must deliver their draft management inventory within six (6) months from the date on which the provisional agreement is signed. Failure to do so shall lead to the provisional agreement being rescinded. The draft must be validated by the forestry administration before the inventory works are initiated. The forest management inventory evaluates the timber resources available in the long term, how they are distributed within the space, and how they will change over time. It covers the entirety of the area to be exploited. All of the data collected over the course of the management inventory phase must be transmitted in digital format at least six (6) months before the expiry of the Provisional Agreement. The forestry administration must also approve the inventory results. Based on the results, some species may be banned from being harvested due to their low density, or may be assigned a Minimum Cutting Diameter (DMA) that is higher than the national regulation.

•   Socio-economic diagnosis: This diagnosis provides an evaluation of the local populations living within or just outside the concession, and of the workers and residents of the logging camps. It provides an overview of aspects such as living conditions, health and safety, food and living supplies, pressure on the forest ecosystems, safety at work, and more generally, social expectations. It involves consulting the local populations and asking them to identify the areas they traditionally use within the concession, as well as the natural resources that contribute to improving their quality of life. The socio-economic study report must be transmitted to the forestry administration before the end of the second year following the signature of the provisional agreement.

•   Biodiversity diagnosis: This diagnosis provides an inventory of the animal populations and ecosystems found within the concession. Any threats to the wildlife are also identified during this phase. The wildlife study report must be transmitted to the forestry administration before the end of the second year following the signature of the provisional agreement.

•   Forest management plan and forest zoning: Following these preparatory stages, the forest management plan can be drawn up. The concession is split into different zones called “series”, responding to specific objectives (for example, a conservation series, a farming series, a lumber production series, etc.). These series are themselves split into Forest Management Units (UFG), each corresponding to around 5 years of forest management activities. Their rotation schedule is determined so as to maintain fairly constant annual production in terms of quantity and species.

•   Adoption of the forest management plan: The approval of the forest management plan is pronounced by an order issued by the ministry for water and forests, following consultation of the committee for the industrialisation of the wood sector (Article 47 of Decree n° 689/PR/MEFEPEPN). It can be revised every five years. All requests to have the forest management plan revised must state the restrictions or new information behind the request, the aspects of the forest management plan they wish to be revised, and the new proposed groundings along with their justifications. It must be accompanied by a draft amendment to the forest management plan and, if applicable, to the contractual specifications (Article 48 of Decree n° 689/PR/MEFEPEPN of 24 August 2004).

After the CFAD has been allocated based on the validated forest management plan, its implementation can begin. The plan is broken down into detailed forest management documents for each five-year (forest management unit) and annual (annual allowable cut) logging area.

As such, the forest management units (UFG) are each covered by a management programme (Art. 28 and 30 of Law n°016/2001), which notably includes the characteristics of the UFG, the characteristics of the resource and its target species, and the delineation of the annual allowable cuts (AAC).

An annual operations plan (PAO) is drawn up each year for each annual allowable cut (AAC) opened (Art. 45 of Law n°016/2001). This is drawn up once a logging inventory has been produced for the AAC (a more detailed inventory than the forest management inventory). The PAO notably states the results of the logging inventory, the location of the resources, an outline of the skid trails and logyards, and a schedule of the logging operations, including reforestation, artificial regeneration, the creation of infrastructure or other inventories, etc. It must be drawn up in line with the framework proposed in the technical guide for annual operations plans. All resources that are required to verify the inventory works must be attached to the PAO (declaration of delineation of the area, declaration of conformity of the inventory works, etc.).

PFA

If the PFA is integrated within a CFAD, the forest management is carried out by the CFAD concessionaire, in accordance with the information below.

If the PFA is not integrated within a CFAD, the owner of the PFA is responsible for the forest management (Art. 96 and 99 of Law n°016/2001), still in line with the same procedure for drawing up a forest management plan, validating it and subsequently implementing it (application of Decree n° 689/PR/MEFEPEPN).

Community forests

Community forests are all managed under a simplified regime. Once the application to create a community forest has been accepted, the simplified sustainable management programme is drawn up, either by and on the initiative of the Administration of Water and Forests, or by the community with assistance from a water and forests official (Art. 6. Decree n°001028/PR/MEFEPEPN).

The inventories and map are required as preparatory documents. If these are produced by the community, they must be validated by the Administration of Water and Forests. If they are produced by the Administration of Water and Forests, this work is free (Art. 7 of Decree n°001028/PR/MEFEPEPN).

The finalised simplified management programme must notably indicate the priority uses and an action plan (Art. 8 of Decree n°001028/PR/MEFEPEPN).

After this, an inventory is carried out of the five-year blocks defined by the simplified management programme, the report of which is validated by the Administration of Water and Forests, which shall then issue the annual logging quotas (Art. 6 of Order n°000365/MEF/CAB/ME).

Legally required documents
Applicable legislation
VIEW LESS
1.3 Management and harvesting planning
Last updated on 2022-11-01 The predefined order of turn for forest management units (UFG) and annual allowable cuts (ACC) is not respected (for CFADs) Specified RISK
Based on Expert consultation, 2022... VIEW MOREBased on Expert consultation, 2022 VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Draft management inventory
2
Verify Socio-economic study report
3
Verify Approval of the inventory results by the forestry administration
4
Verify Forest management plan
5
Verify Order approving the management plan
6
Verify Letter approving the five-year management programme
7
Verify Annual operations plan
8
Verify Simplified management programme
9
Verify Inventory report for the five-year block
10
Verify Tree marking report
11
Visit Harvesting site
12
Consult Stakeholders (NGOs, central and decentralised administrations, adjoining concessionaires, local populations)
Description of legal requirements
The predefined order of turn for forest management units (UFG) and annual allowable cuts (ACC) are passed is respected.
VIEW MORE

CPAET/CFAD

All industrial forest concessions cover one or several “forest management units” (UFA) (Art. 3. of Decree n°689/PR/MEFEPEPN). For each UFA, a forest management plan must be drawn up (Art. 20 and 21 of Law n°016/2001). The forest management plan must be drawn up before the CFAD is allocated, during the maximum three-year period of the provisional management, exploitation and processing agreement (CPAET) concluded with the Administration of Water and Forests.

Where they are not executed by the concessionaire, the forest management plan and related work must be assigned either to a specialist firm accredited by the ministry of water and forests, or to the Administration of Water and Forests (Article 4 of Decree n°689/PR/MEFEPEPN).

Once the forest management plan has been approved by the authorities concerned, it binds the company for a period of no less than twenty years (normally 30 years).

During the forest management plan development period, logging is permitted by the concessionaire within the limits of provisional annual allowable cuts, subject to certain conditions.

Decree n°0689/PR/MEFEPEPN and the 2004 technical guide specify the stages involved in drawing up the forest management plan and the applicable framework. The forest management plan must be drawn up in line with the following stages:

•   Forest map: An initial forest map presenting a description of the plant formations and topography is drawn up.

•   Management inventory: The concessionaire must deliver their draft management inventory within six (6) months from the date on which the provisional agreement is signed. Failure to do so shall lead to the provisional agreement being rescinded. The draft must be validated by the forestry administration before the inventory works are initiated. The forest management inventory evaluates the timber resources available in the long term, how they are distributed within the space, and how they will change over time. It covers the entirety of the area to be exploited. All of the data collected over the course of the management inventory phase must be transmitted in digital format at least six (6) months before the expiry of the Provisional Agreement. The forestry administration must also approve the inventory results. Based on the results, some species may be banned from being harvested due to their low density, or may be assigned a Minimum Cutting Diameter (DMA) that is higher than the national regulation.

•   Socio-economic diagnosis: This diagnosis provides an evaluation of the local populations living within or just outside the concession, and of the workers and residents of the logging camps. It provides an overview of aspects such as living conditions, health and safety, food and living supplies, pressure on the forest ecosystems, safety at work, and more generally, social expectations. It involves consulting the local populations and asking them to identify the areas they traditionally use within the concession, as well as the natural resources that contribute to improving their quality of life. The socio-economic study report must be transmitted to the forestry administration before the end of the second year following the signature of the provisional agreement.

•   Biodiversity diagnosis: This diagnosis provides an inventory of the animal populations and ecosystems found within the concession. Any threats to the wildlife are also identified during this phase. The wildlife study report must be transmitted to the forestry administration before the end of the second year following the signature of the provisional agreement.

•   Forest management plan and forest zoning: Following these preparatory stages, the forest management plan can be drawn up. The concession is split into different zones called “series”, responding to specific objectives (for example, a conservation series, a farming series, a lumber production series, etc.). These series are themselves split into Forest Management Units (UFG), each corresponding to around 5 years of forest management activities. Their rotation schedule is determined so as to maintain fairly constant annual production in terms of quantity and species.

•   Adoption of the forest management plan: The approval of the forest management plan is pronounced by an order issued by the ministry for water and forests, following consultation of the committee for the industrialisation of the wood sector (Article 47 of Decree n° 689/PR/MEFEPEPN). It can be revised every five years. All requests to have the forest management plan revised must state the restrictions or new information behind the request, the aspects of the forest management plan they wish to be revised, and the new proposed groundings along with their justifications. It must be accompanied by a draft amendment to the forest management plan and, if applicable, to the contractual specifications (Article 48 of Decree n° 689/PR/MEFEPEPN of 24 August 2004).

After the CFAD has been allocated based on the validated forest management plan, its implementation can begin. The plan is broken down into detailed forest management documents for each five-year (forest management unit) and annual (annual allowable cut) logging area.

As such, the forest management units (UFG) are each covered by a management programme (Art. 28 and 30 of Law n°016/2001), which notably includes the characteristics of the UFG, the characteristics of the resource and its target species, and the delineation of the annual allowable cuts (AAC).

An annual operations plan (PAO) is drawn up each year for each annual allowable cut (AAC) opened (Art. 45 of Law n°016/2001). This is drawn up once a logging inventory has been produced for the AAC (a more detailed inventory than the forest management inventory). The PAO notably states the results of the logging inventory, the location of the resources, an outline of the skid trails and logyards, and a schedule of the logging operations, including reforestation, artificial regeneration, the creation of infrastructure or other inventories, etc. It must be drawn up in line with the framework proposed in the technical guide for annual operations plans. All resources that are required to verify the inventory works must be attached to the PAO (declaration of delineation of the area, declaration of conformity of the inventory works, etc.).

PFA

If the PFA is integrated within a CFAD, the forest management is carried out by the CFAD concessionaire, in accordance with the information below.

If the PFA is not integrated within a CFAD, the owner of the PFA is responsible for the forest management (Art. 96 and 99 of Law n°016/2001), still in line with the same procedure for drawing up a forest management plan, validating it and subsequently implementing it (application of Decree n° 689/PR/MEFEPEPN).

Community forests

Community forests are all managed under a simplified regime. Once the application to create a community forest has been accepted, the simplified sustainable management programme is drawn up, either by and on the initiative of the Administration of Water and Forests, or by the community with assistance from a water and forests official (Art. 6. Decree n°001028/PR/MEFEPEPN).

The inventories and map are required as preparatory documents. If these are produced by the community, they must be validated by the Administration of Water and Forests. If they are produced by the Administration of Water and Forests, this work is free (Art. 7 of Decree n°001028/PR/MEFEPEPN).

The finalised simplified management programme must notably indicate the priority uses and an action plan (Art. 8 of Decree n°001028/PR/MEFEPEPN).

After this, an inventory is carried out of the five-year blocks defined by the simplified management programme, the report of which is validated by the Administration of Water and Forests, which shall then issue the annual logging quotas (Art. 6 of Order n°000365/MEF/CAB/ME).

Legally required documents
Applicable legislation
VIEW LESS
1.3 Management and harvesting planning
Last updated on 2022-11-01 Logging operations are commenced before the logging inventory data for ACCs (CPAET/CFAD and PFA) or five-year blocks (community forests) has been validated Specified RISK
Based on Expert consultation, 2023... VIEW MOREBased on Expert consultation, 2023 VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Draft management inventory
2
Verify Socio-economic study report
3
Verify Approval of the inventory results by the forestry administration
4
Verify Forest management plan
5
Verify Order approving the management plan
6
Verify Letter approving the five-year management programme
7
Verify Annual operations plan
8
Verify Simplified management programme
9
Verify Inventory report for the five-year block
10
Verify Tree marking report
11
Visit Harvesting site
12
Consult Stakeholders (NGOs, central and decentralised administrations, adjoining concessionaires, local populations)
Description of legal requirements
Logging inventory data for AACs or five-year blocks (as applicable) is validated before harvesting begins.
VIEW MORE

CPAET/CFAD

All industrial forest concessions cover one or several “forest management units” (UFA) (Art. 3. of Decree n°689/PR/MEFEPEPN). For each UFA, a forest management plan must be drawn up (Art. 20 and 21 of Law n°016/2001). The forest management plan must be drawn up before the CFAD is allocated, during the maximum three-year period of the provisional management, exploitation and processing agreement (CPAET) concluded with the Administration of Water and Forests.

Where they are not executed by the concessionaire, the forest management plan and related work must be assigned either to a specialist firm accredited by the ministry of water and forests, or to the Administration of Water and Forests (Article 4 of Decree n°689/PR/MEFEPEPN).

Once the forest management plan has been approved by the authorities concerned, it binds the company for a period of no less than twenty years (normally 30 years).

During the forest management plan development period, logging is permitted by the concessionaire within the limits of provisional annual allowable cuts, subject to certain conditions.

Decree n°0689/PR/MEFEPEPN and the 2004 technical guide specify the stages involved in drawing up the forest management plan and the applicable framework. The forest management plan must be drawn up in line with the following stages:

•   Forest map: An initial forest map presenting a description of the plant formations and topography is drawn up.

•   Management inventory: The concessionaire must deliver their draft management inventory within six (6) months from the date on which the provisional agreement is signed. Failure to do so shall lead to the provisional agreement being rescinded. The draft must be validated by the forestry administration before the inventory works are initiated. The forest management inventory evaluates the timber resources available in the long term, how they are distributed within the space, and how they will change over time. It covers the entirety of the area to be exploited. All of the data collected over the course of the management inventory phase must be transmitted in digital format at least six (6) months before the expiry of the Provisional Agreement. The forestry administration must also approve the inventory results. Based on the results, some species may be banned from being harvested due to their low density, or may be assigned a Minimum Cutting Diameter (DMA) that is higher than the national regulation.

•   Socio-economic diagnosis: This diagnosis provides an evaluation of the local populations living within or just outside the concession, and of the workers and residents of the logging camps. It provides an overview of aspects such as living conditions, health and safety, food and living supplies, pressure on the forest ecosystems, safety at work, and more generally, social expectations. It involves consulting the local populations and asking them to identify the areas they traditionally use within the concession, as well as the natural resources that contribute to improving their quality of life. The socio-economic study report must be transmitted to the forestry administration before the end of the second year following the signature of the provisional agreement.

•   Biodiversity diagnosis: This diagnosis provides an inventory of the animal populations and ecosystems found within the concession. Any threats to the wildlife are also identified during this phase. The wildlife study report must be transmitted to the forestry administration before the end of the second year following the signature of the provisional agreement.

•   Forest management plan and forest zoning: Following these preparatory stages, the forest management plan can be drawn up. The concession is split into different zones called “series”, responding to specific objectives (for example, a conservation series, a farming series, a lumber production series, etc.). These series are themselves split into Forest Management Units (UFG), each corresponding to around 5 years of forest management activities. Their rotation schedule is determined so as to maintain fairly constant annual production in terms of quantity and species.

•   Adoption of the forest management plan: The approval of the forest management plan is pronounced by an order issued by the ministry for water and forests, following consultation of the committee for the industrialisation of the wood sector (Article 47 of Decree n° 689/PR/MEFEPEPN). It can be revised every five years. All requests to have the forest management plan revised must state the restrictions or new information behind the request, the aspects of the forest management plan they wish to be revised, and the new proposed groundings along with their justifications. It must be accompanied by a draft amendment to the forest management plan and, if applicable, to the contractual specifications (Article 48 of Decree n° 689/PR/MEFEPEPN of 24 August 2004).

After the CFAD has been allocated based on the validated forest management plan, its implementation can begin. The plan is broken down into detailed forest management documents for each five-year (forest management unit) and annual (annual allowable cut) logging area.

As such, the forest management units (UFG) are each covered by a management programme (Art. 28 and 30 of Law n°016/2001), which notably includes the characteristics of the UFG, the characteristics of the resource and its target species, and the delineation of the annual allowable cuts (AAC).

An annual operations plan (PAO) is drawn up each year for each annual allowable cut (AAC) opened (Art. 45 of Law n°016/2001). This is drawn up once a logging inventory has been produced for the AAC (a more detailed inventory than the forest management inventory). The PAO notably states the results of the logging inventory, the location of the resources, an outline of the skid trails and logyards, and a schedule of the logging operations, including reforestation, artificial regeneration, the creation of infrastructure or other inventories, etc. It must be drawn up in line with the framework proposed in the technical guide for annual operations plans. All resources that are required to verify the inventory works must be attached to the PAO (declaration of delineation of the area, declaration of conformity of the inventory works, etc.).

PFA

If the PFA is integrated within a CFAD, the forest management is carried out by the CFAD concessionaire, in accordance with the information below.

If the PFA is not integrated within a CFAD, the owner of the PFA is responsible for the forest management (Art. 96 and 99 of Law n°016/2001), still in line with the same procedure for drawing up a forest management plan, validating it and subsequently implementing it (application of Decree n° 689/PR/MEFEPEPN).

Community forests

Community forests are all managed under a simplified regime. Once the application to create a community forest has been accepted, the simplified sustainable management programme is drawn up, either by and on the initiative of the Administration of Water and Forests, or by the community with assistance from a water and forests official (Art. 6. Decree n°001028/PR/MEFEPEPN).

The inventories and map are required as preparatory documents. If these are produced by the community, they must be validated by the Administration of Water and Forests. If they are produced by the Administration of Water and Forests, this work is free (Art. 7 of Decree n°001028/PR/MEFEPEPN).

The finalised simplified management programme must notably indicate the priority uses and an action plan (Art. 8 of Decree n°001028/PR/MEFEPEPN).

After this, an inventory is carried out of the five-year blocks defined by the simplified management programme, the report of which is validated by the Administration of Water and Forests, which shall then issue the annual logging quotas (Art. 6 of Order n°000365/MEF/CAB/ME).

Legally required documents
Applicable legislation
VIEW LESS
1.3 Management and harvesting planning
Last updated on 2022-11-01 The trees are not identified or marked before logging commences or the reports do not reflect the reality on the ground Specified RISK
Based on Expert consultation, 2024... VIEW MOREBased on Expert consultation, 2024 VIEW LESS
The risk applies to the following source types
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verification
1
Verify Report from the State agent controlling the tree marking process
Description of legal requirements
The identification and marking of trees is carried out prior to exploitation.
VIEW MORE

PGG, ACSBL and ASC

The surface area covered by permits by private agreement (PGG), special logging authorisations (ASC) and authorisations for sawing wood lengthwise (ACSBL) is not subject to a forest management plan. Only the trees to be harvested are identified and subject to a prior declaration.

•   PGG: During the PGG allocation request procedure, officials from the Administration of Water and Forests carry out botanical checks, mark the trees identified by the applicant with a hammer and produce a tree marking report, as well as a map of where the trees are located (Art. 14 of Order n°136/MEF). Logging is also conducted in line with an operations plan validated by the Administration of Water and Forests (Order n°136/MEF).

•   ASC and ACSBL: For ASCs (5 trees maximum) and ACSBLs (15 trees maximum), the Administration of Water and Forests carries out a prior identification of the trees requested, marks them, and produces a related report (Art. 7 of Order n°000669/MEF and Art. 3, 6 and 7 of Order n°104/MFEPRN/SG/DGF/DEPRC/SR).

Legally required documents
Applicable legislation
VIEW LESS
1.4 Harvesting permits
Last updated on 2022-11-01 Logging operations are conducted in absence of a logging title/permit (primarily by small-scale loggers) Specified RISK
Based on Expert consultation, 2019... VIEW MOREBased on Expert consultation, 2019 VIEW LESS
The risk applies to the following source types
  • Community forest
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Logging permit
2
Verify Land tenancy contract in force
3
Verify Permits by private agreement
4
Verify Special logging authorisations
5
Verify Logging authorisations for pitsawing
6
Consult Stakeholders (NGOs, central and decentralised administrations, adjoining concessionaires, local populations)
Description of legal requirements
No exploitation takes place in the absence of logging title/permit
VIEW MORE

CPAET

Logging can take place during the 3 years of the provisional management, exploitation and processing agreement (CPAET) preceding the allocation of a CFAD. This takes place within the limits of provisional annual allowable cuts, which are subject to the same regulatory regime as all other allowable cuts: they must be mapped out and delineated on the ground (Article 28 of Decree n°689/PR/MEFEPEPN) and must be subjected to a logging inventory and an annual operations plan.

The surface area of these annual allowable cuts cannot exceed one thirtieth of the concession area (Article 28 of Decree n°689/PR/MEFEPEPN).

CFAD and PFA

Based on the logging inventory conducted within the annual allowable cut (AAC), the Administration of Water and Forests issues authorisation for logging operations in the AAC and approves the annual operations plan (Art. 121 of Law n°016/2001).

CFADs and PFAs are subject to clauses that are specific to each logging title and documented in the contractual specifications, a template for which is laid down by an order (Art. 115 of Law n°016/2001). Such clauses relate to the provisions that enable the communities to take advantage of the benefits arising from the logging operations carried out by the concessionaire (Order n°105/MFEPRN/SG/DGF/DDF/SACF) (also see section 1.13).

The annual allowable cuts are delineated on the ground before the logging operations begin by way of an open, regularly maintained path (Art. 117 to 120 of Law n°016/2001).

Legally required documents
Applicable legislation
VIEW LESS
1.4 Harvesting permits
Last updated on 2022-11-01 Logging operations are conducted beyond the validity of permits by private agreement, special logging authorisations and logging authorisations for pit sawing Specified RISK
Based on Expert consultation, 2019... VIEW MOREBased on Expert consultation, 2019 VIEW LESS
The risk applies to the following source types
  • Community forest
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Logging permit
2
Verify Land tenancy contract in force
3
Verify Permits by private agreement
4
Verify Special logging authorisations
5
Verify Logging authorisations for pitsawing
6
Consult Stakeholders (NGOs, central and decentralised administrations, adjoining concessionaires, local populations)
Description of legal requirements
There is no exploitation beyond the validity of the logging titles.
VIEW MORE

CPAET

Logging can take place during the 3 years of the provisional management, exploitation and processing agreement (CPAET) preceding the allocation of a CFAD. This takes place within the limits of provisional annual allowable cuts, which are subject to the same regulatory regime as all other allowable cuts: they must be mapped out and delineated on the ground (Article 28 of Decree n°689/PR/MEFEPEPN) and must be subjected to a logging inventory and an annual operations plan.

The surface area of these annual allowable cuts cannot exceed one thirtieth of the concession area (Article 28 of Decree n°689/PR/MEFEPEPN).

CFAD and PFA

Based on the logging inventory conducted within the annual allowable cut (AAC), the Administration of Water and Forests issues authorisation for logging operations in the AAC and approves the annual operations plan (Art. 121 of Law n°016/2001).

CFADs and PFAs are subject to clauses that are specific to each logging title and documented in the contractual specifications, a template for which is laid down by an order (Art. 115 of Law n°016/2001). Such clauses relate to the provisions that enable the communities to take advantage of the benefits arising from the logging operations carried out by the concessionaire (Order n°105/MFEPRN/SG/DGF/DDF/SACF) (also see section 1.13).

The annual allowable cuts are delineated on the ground before the logging operations begin by way of an open, regularly maintained path (Art. 117 to 120 of Law n°016/2001).

Community forests

Logging in community forests is conducted either by the community itself or through a land tenancy agreement (Art. 160 of Law n°016/2001 and Art. 2 of Order n°000365/MEF/CAB/ME). In both cases, the Administration of Water and Forests issues a logging permit (AME) prior to the start of the logging operations, based on the delineation of the five-year block, the five-year block inventory report and the logging map produced. An annual logging quota is attached to the AME (Art. 6, 7 and 8 of Order n°000365/MEF/CAB/ME).

Logging in community forests under a land tenancy agreement is subject to the signature of a land tenancy contract between the community with rights to the forest and a third-party lessee or farmer. If applicable, this contract is then registered with the district court and the forestry administration (Article 4 of Order n°000365/MEF/CAB/ME).

Other logging titles

Other permits are designed to satisfy the needs of the local populations. The Forest Code provides for permits by private agreement (PGG), special logging authorisations (ASC) and logging authorisations for pitsawing (ACSBL) (which replace the household permits, pit sawing authorisations and special permits provided for in the former Forest Code).

•   Permits by private agreement (PGG) (Order n°136/MEF): for a maximum volume of 50 trees in forests in the rural domain. They are issued to natural persons of Gabonese nationality (one single PGG per year per person). They are valid for 12 months. They are allocated by the Ministry of Water and Forests following consultation of the provincial PGG awarding committee. All PGG applications are indexed in an ad hoc register kept by the provincial department of water and forests. Applications are submitted in January and February of each year and successful applications are published in March. The trees are hammer-marked before the permit is definitively allocated. PGG beneficiaries must be formed of groups of at least 5 members, backed up by the relevant minutes of settlement. Logging must comply with the operations plan validated by the administration. PGGs are currently no longer being allocated by the forestry administration (CENAREST, 2019).

•   Special logging authorisations (ASC) (Order n°000669/MEF): these authorisations were created by an order in 2010, in application of the article in the Forest Code on customary user rights (Art. 12, 14 and 252 of Law n°016/2001). They are for a maximum of five trees, equivalent to fifteen cubic metres, including all species, previously identified by the applicant and substantiated by the local forestry department. ASCs are only issued within the rural forest domain to natural persons of Gabonese nationality, with the aim of satisfying the needs of local village communities. They are valid for two months and cannot be extended. One single ASC may be allocated per person per year. ASCs are allocated on a personal, non-transferable basis.

•   Logging authorisations for pitsawing (ACBSL) (Order n°104/MFEPRN/SG/DGF/DEPRC/SR): these authorisations were created by order in 2014, in application of the article in the Forest Code on customary user rights (Art. 12 and 14 of Law n°016/2001). They are for a maximum volume of 15 trees in the state-owned rural domain, for a duration of 2 months. They are non-transferable. Each authorisation is indexed in a record held by the provincial department of water and forests.

In practice, there is some confusion between the titles provided for by the former Forest Code and those provided for by the current Forest Code (for example between the former ASLs and the current ACBSLs), and between the different titles that exist currently (notably PGGs and community forests) (CENAREST, 2019).

Legally required documents
Applicable legislation
VIEW LESS
1.4 Harvesting permits
Last updated on 2022-11-01 Permits/authorisations are allocated in areas not dedicated to logging, notably classified state-owned forests (protected areas, national parks, reforestation areas) Specified RISK
Based on Expert consultation, 2019... VIEW MOREBased on Expert consultation, 2019 VIEW LESS
The risk applies to the following source types
  • Community forest
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Land tenancy contract in force
2
Verify Permits by private agreement
3
Verify Special logging authorisations
4
Verify Logging authorisations for pitsawing
5
Consult Stakeholders (NGOs, central and decentralised administrations, adjoining concessionaires, local populations)
Description of legal requirements
No permit or authorization is granted in areas not dedicated to logging
VIEW MORE

CPAET

Logging can take place during the 3 years of the provisional management, exploitation and processing agreement (CPAET) preceding the allocation of a CFAD. This takes place within the limits of provisional annual allowable cuts, which are subject to the same regulatory regime as all other allowable cuts: they must be mapped out and delineated on the ground (Article 28 of Decree n°689/PR/MEFEPEPN) and must be subjected to a logging inventory and an annual operations plan.

The surface area of these annual allowable cuts cannot exceed one thirtieth of the concession area (Article 28 of Decree n°689/PR/MEFEPEPN).

CFAD and PFA

Based on the logging inventory conducted within the annual allowable cut (AAC), the Administration of Water and Forests issues authorisation for logging operations in the AAC and approves the annual operations plan (Art. 121 of Law n°016/2001).

CFADs and PFAs are subject to clauses that are specific to each logging title and documented in the contractual specifications, a template for which is laid down by an order (Art. 115 of Law n°016/2001). Such clauses relate to the provisions that enable the communities to take advantage of the benefits arising from the logging operations carried out by the concessionaire (Order n°105/MFEPRN/SG/DGF/DDF/SACF) (also see section 1.13).

The annual allowable cuts are delineated on the ground before the logging operations begin by way of an open, regularly maintained path (Art. 117 to 120 of Law n°016/2001).

Community forests

Logging in community forests is conducted either by the community itself or through a land tenancy agreement (Art. 160 of Law n°016/2001 and Art. 2 of Order n°000365/MEF/CAB/ME). In both cases, the Administration of Water and Forests issues a logging permit (AME) prior to the start of the logging operations, based on the delineation of the five-year block, the five-year block inventory report and the logging map produced. An annual logging quota is attached to the AME (Art. 6, 7 and 8 of Order n°000365/MEF/CAB/ME).

Logging in community forests under a land tenancy agreement is subject to the signature of a land tenancy contract between the community with rights to the forest and a third-party lessee or farmer. If applicable, this contract is then registered with the district court and the forestry administration (Article 4 of Order n°000365/MEF/CAB/ME).

Other logging titles

Other permits are designed to satisfy the needs of the local populations. The Forest Code provides for permits by private agreement (PGG), special logging authorisations (ASC) and logging authorisations for pitsawing (ACSBL) (which replace the household permits, pit sawing authorisations and special permits provided for in the former Forest Code).

•   Permits by private agreement (PGG) (Order n°136/MEF): for a maximum volume of 50 trees in forests in the rural domain. They are issued to natural persons of Gabonese nationality (one single PGG per year per person). They are valid for 12 months. They are allocated by the Ministry of Water and Forests following consultation of the provincial PGG awarding committee. All PGG applications are indexed in an ad hoc register kept by the provincial department of water and forests. Applications are submitted in January and February of each year and successful applications are published in March. The trees are hammer-marked before the permit is definitively allocated. PGG beneficiaries must be formed of groups of at least 5 members, backed up by the relevant minutes of settlement. Logging must comply with the operations plan validated by the administration. PGGs are currently no longer being allocated by the forestry administration (CENAREST, 2019).

•   Special logging authorisations (ASC) (Order n°000669/MEF): these authorisations were created by an order in 2010, in application of the article in the Forest Code on customary user rights (Art. 12, 14 and 252 of Law n°016/2001). They are for a maximum of five trees, equivalent to fifteen cubic metres, including all species, previously identified by the applicant and substantiated by the local forestry department. ASCs are only issued within the rural forest domain to natural persons of Gabonese nationality, with the aim of satisfying the needs of local village communities. They are valid for two months and cannot be extended. One single ASC may be allocated per person per year. ASCs are allocated on a personal, non-transferable basis.

•   Logging authorisations for pitsawing (ACBSL) (Order n°104/MFEPRN/SG/DGF/DEPRC/SR): these authorisations were created by order in 2014, in application of the article in the Forest Code on customary user rights (Art. 12 and 14 of Law n°016/2001). They are for a maximum volume of 15 trees in the state-owned rural domain, for a duration of 2 months. They are non-transferable. Each authorisation is indexed in a record held by the provincial department of water and forests.

In practice, there is some confusion between the titles provided for by the former Forest Code and those provided for by the current Forest Code (for example between the former ASLs and the current ACBSLs), and between the different titles that exist currently (notably PGGs and community forests) (CENAREST, 2019).

Legally required documents
Applicable legislation
VIEW LESS
1.4 Harvesting permits
Last updated on 2022-11-01 The provisional allowable cuts allocated during the CPAET cover a total surface area higher than one thirtieth of the surface area of the concession to be managed Specified RISK
Based on Expert consultation, 2019... VIEW MOREBased on Expert consultation, 2019 VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Forest concessions (CPAET/CFAD)
Risk mitigation options
Document verificationField verification
1
Verify Logging permit
2
Verify Contractual specifications
3
Visit Harvesting site
Description of legal requirements
The provisional allowable cuts allocated during the CPAET cover a total area less than one-thirtieth of the area of the concession to be developed.
VIEW MORE

CPAET

Logging can take place during the 3 years of the provisional management, exploitation and processing agreement (CPAET) preceding the allocation of a CFAD. This takes place within the limits of provisional annual allowable cuts, which are subject to the same regulatory regime as all other allowable cuts: they must be mapped out and delineated on the ground (Article 28 of Decree n°689/PR/MEFEPEPN) and must be subjected to a logging inventory and an annual operations plan.

The surface area of these annual allowable cuts cannot exceed one thirtieth of the concession area (Article 28 of Decree n°689/PR/MEFEPEPN).

CFAD and PFA

Based on the logging inventory conducted within the annual allowable cut (AAC), the Administration of Water and Forests issues authorisation for logging operations in the AAC and approves the annual operations plan (Art. 121 of Law n°016/2001).

CFADs and PFAs are subject to clauses that are specific to each logging title and documented in the contractual specifications, a template for which is laid down by an order (Art. 115 of Law n°016/2001). Such clauses relate to the provisions that enable the communities to take advantage of the benefits arising from the logging operations carried out by the concessionaire (Order n°105/MFEPRN/SG/DGF/DDF/SACF) (also see section 1.13).

The annual allowable cuts are delineated on the ground before the logging operations begin by way of an open, regularly maintained path (Art. 117 to 120 of Law n°016/2001).

Legally required documents
Applicable legislation
VIEW LESS
1.4 Harvesting permits
Last updated on 2022-11-01 The annual allowable cut is exploited before the logging permit is issued Specified RISK
Based on Expert consultation, 2019... VIEW MOREBased on Expert consultation, 2019 VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Forest concessions (CPAET/CFAD)
Risk mitigation options
Document verificationField verification
1
Verify Logging permit
2
Verify Contractual specifications
3
Visit Harvesting site
Description of legal requirements
The logging permit is issued before the start of the exploitation of annual allowable cut
VIEW MORE

CPAET

Logging can take place during the 3 years of the provisional management, exploitation and processing agreement (CPAET) preceding the allocation of a CFAD. This takes place within the limits of provisional annual allowable cuts, which are subject to the same regulatory regime as all other allowable cuts: they must be mapped out and delineated on the ground (Article 28 of Decree n°689/PR/MEFEPEPN) and must be subjected to a logging inventory and an annual operations plan.

The surface area of these annual allowable cuts cannot exceed one thirtieth of the concession area (Article 28 of Decree n°689/PR/MEFEPEPN).

CFAD and PFA

Based on the logging inventory conducted within the annual allowable cut (AAC), the Administration of Water and Forests issues authorisation for logging operations in the AAC and approves the annual operations plan (Art. 121 of Law n°016/2001).

CFADs and PFAs are subject to clauses that are specific to each logging title and documented in the contractual specifications, a template for which is laid down by an order (Art. 115 of Law n°016/2001). Such clauses relate to the provisions that enable the communities to take advantage of the benefits arising from the logging operations carried out by the concessionaire (Order n°105/MFEPRN/SG/DGF/DDF/SACF) (also see section 1.13).

The annual allowable cuts are delineated on the ground before the logging operations begin by way of an open, regularly maintained path (Art. 117 to 120 of Law n°016/2001).

Legally required documents
Applicable legislation
VIEW LESS
1.4 Harvesting permits
Last updated on 2022-11-01 Logging operations are commenced in absence of the contractual specifications Specified RISK
Based on Expert consultation, 2019... VIEW MOREBased on Expert consultation, 2019 VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Forest concessions (CPAET/CFAD)
Risk mitigation options
Document verificationField verification
1
Verify Logging permit
2
Verify Contractual specifications
3
Visit Harvesting site
Description of legal requirements
The development of the contractual specifications is prior to the start of logging operation.
VIEW MORE

CPAET

Logging can take place during the 3 years of the provisional management, exploitation and processing agreement (CPAET) preceding the allocation of a CFAD. This takes place within the limits of provisional annual allowable cuts, which are subject to the same regulatory regime as all other allowable cuts: they must be mapped out and delineated on the ground (Article 28 of Decree n°689/PR/MEFEPEPN) and must be subjected to a logging inventory and an annual operations plan.

The surface area of these annual allowable cuts cannot exceed one thirtieth of the concession area (Article 28 of Decree n°689/PR/MEFEPEPN).

CFAD and PFA

Based on the logging inventory conducted within the annual allowable cut (AAC), the Administration of Water and Forests issues authorisation for logging operations in the AAC and approves the annual operations plan (Art. 121 of Law n°016/2001).

CFADs and PFAs are subject to clauses that are specific to each logging title and documented in the contractual specifications, a template for which is laid down by an order (Art. 115 of Law n°016/2001). Such clauses relate to the provisions that enable the communities to take advantage of the benefits arising from the logging operations carried out by the concessionaire (Order n°105/MFEPRN/SG/DGF/DDF/SACF) (also see section 1.13).

The annual allowable cuts are delineated on the ground before the logging operations begin by way of an open, regularly maintained path (Art. 117 to 120 of Law n°016/2001).

Legally required documents
Applicable legislation
VIEW LESS
1.4 Harvesting permits
Last updated on 2022-11-01 The annual allowable cut is not clearly delineated on the ground Specified RISK
Based on Expert consultation, 2019... VIEW MOREBased on Expert consultation, 2019 VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Forest concessions (CPAET/CFAD)
Risk mitigation options
Document verificationField verification
1
Verify Logging permit
2
Verify Contractual specifications
3
Visit Harvesting site
Description of legal requirements
The annual allowable cut is clearly delimited on the ground.
VIEW MORE

CPAET

Logging can take place during the 3 years of the provisional management, exploitation and processing agreement (CPAET) preceding the allocation of a CFAD. This takes place within the limits of provisional annual allowable cuts, which are subject to the same regulatory regime as all other allowable cuts: they must be mapped out and delineated on the ground (Article 28 of Decree n°689/PR/MEFEPEPN) and must be subjected to a logging inventory and an annual operations plan.

The surface area of these annual allowable cuts cannot exceed one thirtieth of the concession area (Article 28 of Decree n°689/PR/MEFEPEPN).

CFAD and PFA

Based on the logging inventory conducted within the annual allowable cut (AAC), the Administration of Water and Forests issues authorisation for logging operations in the AAC and approves the annual operations plan (Art. 121 of Law n°016/2001).

CFADs and PFAs are subject to clauses that are specific to each logging title and documented in the contractual specifications, a template for which is laid down by an order (Art. 115 of Law n°016/2001). Such clauses relate to the provisions that enable the communities to take advantage of the benefits arising from the logging operations carried out by the concessionaire (Order n°105/MFEPRN/SG/DGF/DDF/SACF) (also see section 1.13).

The annual allowable cuts are delineated on the ground before the logging operations begin by way of an open, regularly maintained path (Art. 117 to 120 of Law n°016/2001).

Legally required documents
Applicable legislation
VIEW LESS
1.5 Payment of royalties and harvesting fees
Last updated on 2022-11-01 The surface area tax is not paid or is paid late Specified RISK
There is a risk that the surface area tax is not paid or is paid late (Expert consultation, 2019); This may lead to a significant backlog of outstanding payments. ... VIEW MORE

There is a risk that the surface area tax is not paid or is paid late (Expert consultation, 2019); This may lead to a significant backlog of outstanding payments. VIEW LESS

The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Forest concessions (CPAET/CFAD)
  • Permit by private agreement (PGG)
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Annual declaration of the areas of permits allocated
2
Verify Proof of payment (receipt) of annual surface area tax
3
Verify Certificate of good standing
4
Consult Directorate General of Taxes
Description of legal requirements
The survace area tax is paid within the legal deadlines.
VIEW MORE

The Gabon Forest Code stipulates the following logging taxes (Article 244 of Law n°016/2001):

•   felling tax; 

•   surface area tax; 

•   renewal tax; 

•   transfer tax; 

•   tax on processing with a chainsaw; 

•   exit taxes; 

•   farm tax; 

•   specific plantation bidding fee; 

•   forest charges.

The modalities (rate and base) are determined by the applicable finance laws (Art. 246 of Law n°016/2001) that are adopted each year and constitute the General Tax Code.

The 2009 Tax Code updated by the 2019 Finance Law only determines the modalities for surface area tax (Art. 316 to 330 of the General Tax Code). The other taxes provided for by the Forest Code are not mentioned. The felling tax was abolished by the 2012 Finance Law.

Provisional management, exploitation and processing agreements (CPAET), forestry concessions under sustainable management (CFAD), associated forestry permits (PFA) and permits by private agreement (PGG)

The surface area tax concerns all logging permit holders, whether the areas are managed or not (CPAET/CFAD, PFA and PGG). Since 2020, the amount has stood at F.CFA 300 per hectare per year for FSC-certified forests or PEFC/PAFC, F.CFA 600/hectares/year for concessions that have a voluntary certification of the legality of their operations and 800 FCFA/hectares/year for non-certified concessions (Art. 317 and 318 of the General Tax Code).

Every year, logging permit holders are required to declare the forest areas allocated to them (Art. 319) and, at the same time, pay the annual surface area tax (Art. 323).

Loggers without a logging permit who are conducting logging operations in a forest area located on farming land must also declare the relevant surface areas to the administration (Art. 320). In this setup, permit holders and loggers are severally responsible for the tax payment (Art. 325).

Furthermore, logging permit holders must take out a guarantee from a bank that covers their surface area tax obligations (Art. 329).

Community forests

Logging products resulting from logging operations carried out on community forests are exempt from all taxes (Art. 3 Order n°0365).

Special logging authorisations (ASC) and Logging authorisations for pitsawing (ACBSL)

Special logging authorisations (ASC) and logging authorisations for pitsawing (ACBSL) are subject to payment of a felling tax, the amount of which is established by the finance laws in force (Art. 10 order n°669 and Art. 11 Order n°104). However, given that these amounts are not defined in the current finance laws, it would appear that the exploitation of these permits is not subject to any taxes.

Forest charges

Finally, the General Tax Code also lists the forestry services subject to specific charges, including marking, exploration and clearing of tracks (Art. 326).

Legally required documents
Applicable legislation
VIEW LESS
1.6 Value-added taxes and other sales taxes
Last updated on 2022-11-01 Specified risk on the basis of the precautionary principle. Specified RISK
Very little information is available on VAT payments for deliveries of wood and wood products between Gabonese entities.It appears that it is actually the government that must reimburse exporters for significant VAT sums. These sums are paid indirectly by the exporters when they purchase wood products, paying an amount inclusive of tax (incl. VAT), the VAT part being paid to the state by the supplier. These sums are therefore refundable by the st... VIEW MORE

Very little information is available on VAT payments for deliveries of wood and wood products between Gabonese entities.

It appears that it is actually the government that must reimburse exporters for significant VAT sums. These sums are paid indirectly by the exporters when they purchase wood products, paying an amount inclusive of tax (incl. VAT), the VAT part being paid to the state by the supplier. These sums are therefore refundable by the state when the product is exported. VIEW LESS

The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verification
1
Verify Sales invoices
2
Verify Certificate of good standing
Description of legal requirements
VIEW MORE

All legal persons who generate a turnover equal to or greater than F.CFA 500 million are subject to VAT (Art. 208 of the General Tax Code). VAT applies to the majority of operations concerning the delivery of goods or supply of services (Art. 209). The standard VAT rate is 18% (Art. 221 of the General Tax Code).

However, is it actually in very few cases applicable to the sale of wood:

•   If the wood is intended for the local market, it is unlikely that the companies involved have a turnover large enough to be subject to VAT;

•   If the wood is intended for the international market, it is de facto VAT-exempt, as a 0% rate is applied (Art. 221 of the General Tax Code). As VAT is passed on from company to company until the final consumer, this means that nothing is collected by the government on the added value of wood harvesting and processing operations. Exporters must therefore file a VAT refund claim for the amount they have paid their suppliers, if applicable.

Applicable legislation
VIEW LESS
1.7 Income and profit taxes
Last updated on 2022-11-01 Fraudulent information is declared on companies’ income and profit statements with the aim of reducing the amount of corporate tax they are liable to pay Specified RISK
The most frequent risks of illegality are that (EIA, 2019, expert consultation, 2019):•   Fraudulent information is declared on companies’ income and profit statements with the aim of reducing the amount of corporate tax due. Some companies make false declarations regarding the actual value of the transactions completed on their annual balance sheet. The representatives in charge of carrying out the tax inspections are sometimes complicit ... VIEW MORE

The most frequent risks of illegality are that (EIA, 2019, expert consultation, 2019):

•   Fraudulent information is declared on companies’ income and profit statements with the aim of reducing the amount of corporate tax due. Some companies make false declarations regarding the actual value of the transactions completed on their annual balance sheet. The representatives in charge of carrying out the tax inspections are sometimes complicit in this.

•   Companies evade tax through transfer pricing. A lack of information on actual sale prices conceals the profit margins for branches and clients of logging companies based abroad. VIEW LESS

The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Certificate of good standing
2
Consult Directorate General of Taxes
Description of legal requirements
The declarations of income and profits giving rise to the payment of corporation tax are accurate.
VIEW MORE

Corporate income tax (CIT) is a direct tax that applies to all income generated by companies and other legal persons (Art. 4 of the General Tax Code). CIT covers a period of one (1) financial year.

Whether or not legal persons are subject to this tax depends on their legal regime (joint stock company, limited liability company, cooperative company and public bodies or establishments – Art. 5 of the General Tax Code). The Tax Code also lists the organisations exempt from CIT, notably small and medium-sized enterprises during their first five years of trading (Art. 6).

The tax base is the company’s net earnings during the relevant period (Art. 8). Some expenses can be deducted from the taxable income in line with specified conditions (Article 11). Standard corporate income tax is 30% (Art. 16).

Applicable legislation
VIEW LESS
1.8 Timber harvesting regulations
Last updated on 2022-11-01 The minimum diameters not respected (DME and DME/UFA) Specified RISK
The minimum diameters not being respected (DME and DME/UFA)... VIEW MORE

The minimum diameters not being respected (DME and DME/UFA) VIEW LESS

The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Site logbooks (samples)
2
Verify Reports of field checks and inspections
3
Verify Independent monitor reports on the logging title
4
Consult Independent monitors
5
Consult Local forestry administration
6
Consult Local populations surrounding the forest
7
Visit Harvesting site
Description of legal requirements
The minimum exploitable diameters are respected.
VIEW MORE

Minimum diameters (all source types)

For all forest species, the Gabonese regulations stipulate a Minimum Felling Diameter (DME). Trees below this diameter cannot be harvested (Art. 3 of Order n°00117/PR/ MEFEPEPN, community forests: Art. 16 of order n°000365/MEF/CAB/ME, ACBSL: Art. 13 of Order n°104/MFEPRN, PGG: Art. 9 of Order n°136/MEF).

In managed forests (CPAET/CFAD and PFA), some species have a minimum felling diameter that is higher than the figure specified by the regulations (Art. 37 of Law n°016/01). Here we talk about DME/UFA (minimum felling diameters for each UFA). These are indicated in the Forest Management Plan.

Legally required documents
Applicable legislation
VIEW LESS
1.8 Timber harvesting regulations
Last updated on 2022-11-01 Species are harvested outside of the defined areas Specified RISK
Species being harvested outside of the defined areas (AAC for CPAET/CFAD and PFA or perimeters of community forests, PGG, ACSBL and ASC);... VIEW MORE

Species being harvested outside of the defined areas (AAC for CPAET/CFAD and PFA or perimeters of community forests, PGG, ACSBL and ASC); VIEW LESS

The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Site logbooks (samples)
2
Verify Reports of field checks and inspections
3
Verify Independent monitor reports on the logging title
4
Consult Independent monitors
5
Consult Local forestry administration
6
Consult Local populations surrounding the forest
7
Visit Harvesting site
Description of legal requirements
There is no exploitation outside the defined areas.
VIEW MORE

Minimum diameters (all source types)

For all forest species, the Gabonese regulations stipulate a Minimum Felling Diameter (DME). Trees below this diameter cannot be harvested (Art. 3 of Order n°00117/PR/ MEFEPEPN, community forests: Art. 16 of order n°000365/MEF/CAB/ME, ACBSL: Art. 13 of Order n°104/MFEPRN, PGG: Art. 9 of Order n°136/MEF).

In managed forests (CPAET/CFAD and PFA), some species have a minimum felling diameter that is higher than the figure specified by the regulations (Art. 37 of Law n°016/01). Here we talk about DME/UFA (minimum felling diameters for each UFA). These are indicated in the Forest Management Plan.

Felling and marking (all source types)

All logging permit holders must have at least one log-marking hammer with a mark specific to that logger. This mark must be registered with the relevant administrations (Art. 127 of Law n°16-01, community forests: Art. 17 of Order n°000365/MEF/CAB/ME). Groups of loggers assigned permits by private agreement are exempt from the logging hammer requirement (Art. 17 of Order n°136-MEF).

Logging is limited to the quotas allocated by the logging authorisations and to the limits established by these authorisations (see category 1.4). Only trees that have been previously marked can be felled ((CPAET/CFAD and PFA: Guide Technique National pour l’aménagement - 4.6.4.3, PGG: Art. 10 of Order n°136/MEF, ASC: Art. 7 of Order n°000669, ACBSL: Art. 3 and 13 of Order n°104/MFEPRN).

Within state forests (CPAET/CFAD and PFA), logging must be conducted by a qualified person able to demonstrate controlled, directional felling, ensuring the protection of future trees and minimum breakage (Guide Technique National pour l’aménagement - 4.6.4.3).

All felled trees must be imprinted with the logger’s hammer mark and a tree identification code on the stump, log and “culée” (the part between the stump and log) (Art. 128 of Law n°16-01). For permits by private agreement, the hammer is replaced by a group number, which is applied in white oil-based paint (Art. 17 of Order n°136-MEF).

Abandoning of wood (all source types)

Loggers are prohibited from abandoning logs of commercial value on logging sites, in loading areas or along evacuation routes. Logs that have not been removed more than six months after being felled are deemed abandoned on the related permit (Art. n°134 of Law n°16-01, Art. 2 of Decree n°0273-PR-MEF, Guide Technique National pour l’aménagement - 4.6.4.4).

At the end of these six months, the abandoned wood becomes the property of the state by way of a request to seize the abandoned wood (Art. 4 to 8 of Decree n°0273-PR-MEF).

Creation of logyards (state forests: CPAET/CFAD and PFA)

Logyards cannot be created less than 30 metres from a water body or course. Concessionaires must endeavour to establish these storage areas on land that is on a slight slope (recommended slope of 2%). It is important that the logyards are well drained and that the water in draining ditches is directed towards an area of vegetation and not directly into a water course (Guide Technique National pour l’aménagement - 4.6.3.3)

Road networks (state forests: CPAET/CFAD and PFA)

The creation of all road networks must be subject to a planning stage that factors in various criteria, including minimising earthworks by avoiding steep slopes and wetlands, and sensitive areas in terms of flora and fauna, selecting the most favourable intersections of water courses, optimising the network of main roads by considering other logging operations, and avoiding trees marked by the forestry administration and the forest resources used by the local communities (Guide Technique National pour l'aménagement - 4.6.3.2).

Once the logging inventory has been produced, the trees that can be harvested are grouped into small batches connected to the main roads. The network is planned out in advance on paper in order to optimise the route so as to reach the trees to be harvested first, and then those to be skidded after.

Records (all source types)

All logging activities are recorded in a site logbook (all source types: Art. 130 of Law n°016-2001, CPAET/CFAD and PFA: Art. 49 of Law n°016-2001 and Guide Technique National pour l’aménagement - 4.6.4.3, PGG: Art. 20 of Order n°136/MEF, community forests: Art. 20 of Order n°000365/MEF/CAB/ME). Stump details must be recorded before the end of the week during which the trees were felled, whilst log details must be recorded before they are removed from the site (Art. 131 of Law n°016-01). The specifications for managed forests (CPAET/CFAD and PFA) may stipulate the requirements for the keeping of site logbooks (Guide Technique National pour l’aménagement - 4.6.4.3).

Legally required documents
Applicable legislation
VIEW LESS
1.8 Timber harvesting regulations
Last updated on 2022-11-01 The number of trees and volumes authorised by the permit/authorisation is exceeded Specified RISK
The number of trees and volumes authorised by the permit/authorisation being exceeded... VIEW MORE

The number of trees and volumes authorised by the permit/authorisation being exceeded VIEW LESS

The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Site logbooks (samples)
2
Verify Reports of field checks and inspections
3
Verify Independent monitor reports on the logging title
4
Consult Independent monitors
5
Consult Local forestry administration
6
Consult Local populations surrounding the forest
7
Visit Harvesting site
Description of legal requirements

The number of trees and/or authorized volumes are respected.

VIEW MORE

Minimum diameters (all source types)

For all forest species, the Gabonese regulations stipulate a Minimum Felling Diameter (DME). Trees below this diameter cannot be harvested (Art. 3 of Order n°00117/PR/ MEFEPEPN, community forests: Art. 16 of order n°000365/MEF/CAB/ME, ACBSL: Art. 13 of Order n°104/MFEPRN, PGG: Art. 9 of Order n°136/MEF).

In managed forests (CPAET/CFAD and PFA), some species have a minimum felling diameter that is higher than the figure specified by the regulations (Art. 37 of Law n°016/01). Here we talk about DME/UFA (minimum felling diameters for each UFA). These are indicated in the Forest Management Plan.

Felling and marking (all source types)

All logging permit holders must have at least one log-marking hammer with a mark specific to that logger. This mark must be registered with the relevant administrations (Art. 127 of Law n°16-01, community forests: Art. 17 of Order n°000365/MEF/CAB/ME). Groups of loggers assigned permits by private agreement are exempt from the logging hammer requirement (Art. 17 of Order n°136-MEF).

Logging is limited to the quotas allocated by the logging authorisations and to the limits established by these authorisations (see category 1.4). Only trees that have been previously marked can be felled ((CPAET/CFAD and PFA: Guide Technique National pour l’aménagement - 4.6.4.3, PGG: Art. 10 of Order n°136/MEF, ASC: Art. 7 of Order n°000669, ACBSL: Art. 3 and 13 of Order n°104/MFEPRN).

Within state forests (CPAET/CFAD and PFA), logging must be conducted by a qualified person able to demonstrate controlled, directional felling, ensuring the protection of future trees and minimum breakage (Guide Technique National pour l’aménagement - 4.6.4.3).

All felled trees must be imprinted with the logger’s hammer mark and a tree identification code on the stump, log and “culée” (the part between the stump and log) (Art. 128 of Law n°16-01). For permits by private agreement, the hammer is replaced by a group number, which is applied in white oil-based paint (Art. 17 of Order n°136-MEF).

Abandoning of wood (all source types)

Loggers are prohibited from abandoning logs of commercial value on logging sites, in loading areas or along evacuation routes. Logs that have not been removed more than six months after being felled are deemed abandoned on the related permit (Art. n°134 of Law n°16-01, Art. 2 of Decree n°0273-PR-MEF, Guide Technique National pour l’aménagement - 4.6.4.4).

At the end of these six months, the abandoned wood becomes the property of the state by way of a request to seize the abandoned wood (Art. 4 to 8 of Decree n°0273-PR-MEF).

Creation of logyards (state forests: CPAET/CFAD and PFA)

Logyards cannot be created less than 30 metres from a water body or course. Concessionaires must endeavour to establish these storage areas on land that is on a slight slope (recommended slope of 2%). It is important that the logyards are well drained and that the water in draining ditches is directed towards an area of vegetation and not directly into a water course (Guide Technique National pour l’aménagement - 4.6.3.3)

Road networks (state forests: CPAET/CFAD and PFA)

The creation of all road networks must be subject to a planning stage that factors in various criteria, including minimising earthworks by avoiding steep slopes and wetlands, and sensitive areas in terms of flora and fauna, selecting the most favourable intersections of water courses, optimising the network of main roads by considering other logging operations, and avoiding trees marked by the forestry administration and the forest resources used by the local communities (Guide Technique National pour l'aménagement - 4.6.3.2).

Once the logging inventory has been produced, the trees that can be harvested are grouped into small batches connected to the main roads. The network is planned out in advance on paper in order to optimise the route so as to reach the trees to be harvested first, and then those to be skidded after.

Records (all source types)

All logging activities are recorded in a site logbook (all source types: Art. 130 of Law n°016-2001, CPAET/CFAD and PFA: Art. 49 of Law n°016-2001 and Guide Technique National pour l’aménagement - 4.6.4.3, PGG: Art. 20 of Order n°136/MEF, community forests: Art. 20 of Order n°000365/MEF/CAB/ME). Stump details must be recorded before the end of the week during which the trees were felled, whilst log details must be recorded before they are removed from the site (Art. 131 of Law n°016-01). The specifications for managed forests (CPAET/CFAD and PFA) may stipulate the requirements for the keeping of site logbooks (Guide Technique National pour l’aménagement - 4.6.4.3).

Legally required documents
Applicable legislation
VIEW LESS
1.8 Timber harvesting regulations
Last updated on 2022-11-01 Trees other than those previously identified and marked in conjunction with the administration are harvested, notably for permits in the rural forest domain Specified RISK
Trees being harvested other than those previously identified and marked jointly with the administration, notably for permits in the rural forest domain (permits by private agreement (PGG), special logging authorisations (ASC) and logging authorisations for pitsawing (ACBSL)) (Jeune Afrique, 2015 and expert consultation, 2019).... VIEW MORE

Trees being harvested other than those previously identified and marked jointly with the administration, notably for permits in the rural forest domain (permits by private agreement (PGG), special logging authorisations (ASC) and logging authorisations for pitsawing (ACBSL)) (Jeune Afrique, 2015 and expert consultation, 2019). VIEW LESS

The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Site logbooks (samples)
2
Verify Reports of field checks and inspections
3
Verify Independent monitor reports on the logging title
4
Consult Independent monitors
5
Consult Local forestry administration
6
Consult Local populations surrounding the forest
7
Visit Harvesting site
Description of legal requirements
Trees other than those identified and marked beforehand are not exploited.
VIEW MORE

Felling and marking (all source types)

All logging permit holders must have at least one log-marking hammer with a mark specific to that logger. This mark must be registered with the relevant administrations (Art. 127 of Law n°16-01, community forests: Art. 17 of Order n°000365/MEF/CAB/ME). Groups of loggers assigned permits by private agreement are exempt from the logging hammer requirement (Art. 17 of Order n°136-MEF).

Logging is limited to the quotas allocated by the logging authorisations and to the limits established by these authorisations (see category 1.4). Only trees that have been previously marked can be felled ((CPAET/CFAD and PFA: Guide Technique National pour l’aménagement - 4.6.4.3, PGG: Art. 10 of Order n°136/MEF, ASC: Art. 7 of Order n°000669, ACBSL: Art. 3 and 13 of Order n°104/MFEPRN).

Within state forests (CPAET/CFAD and PFA), logging must be conducted by a qualified person able to demonstrate controlled, directional felling, ensuring the protection of future trees and minimum breakage (Guide Technique National pour l’aménagement - 4.6.4.3).

All felled trees must be imprinted with the logger’s hammer mark and a tree identification code on the stump, log and “culée” (the part between the stump and log) (Art. 128 of Law n°16-01). For permits by private agreement, the hammer is replaced by a group number, which is applied in white oil-based paint (Art. 17 of Order n°136-MEF).

Legally required documents
Applicable legislation
VIEW LESS
1.8 Timber harvesting regulations
Last updated on 2022-11-01 The regulations on marking stumps and logs are not respected Specified RISK
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Site logbooks (samples)
2
Verify Reports of field checks and inspections
3
Verify Independent monitor reports on the logging title
4
Consult Independent monitors
5
Consult Local forestry administration
6
Consult Local populations surrounding the forest
7
Visit Harvesting site
Description of legal requirements
Stump, log and log marking standards are complied with.
VIEW MORE

Felling and marking (all source types)

All logging permit holders must have at least one log-marking hammer with a mark specific to that logger. This mark must be registered with the relevant administrations (Art. 127 of Law n°16-01, community forests: Art. 17 of Order n°000365/MEF/CAB/ME). Groups of loggers assigned permits by private agreement are exempt from the logging hammer requirement (Art. 17 of Order n°136-MEF).

Logging is limited to the quotas allocated by the logging authorisations and to the limits established by these authorisations (see category 1.4). Only trees that have been previously marked can be felled ((CPAET/CFAD and PFA: Guide Technique National pour l’aménagement - 4.6.4.3, PGG: Art. 10 of Order n°136/MEF, ASC: Art. 7 of Order n°000669, ACBSL: Art. 3 and 13 of Order n°104/MFEPRN).

Within state forests (CPAET/CFAD and PFA), logging must be conducted by a qualified person able to demonstrate controlled, directional felling, ensuring the protection of future trees and minimum breakage (Guide Technique National pour l’aménagement - 4.6.4.3).

All felled trees must be imprinted with the logger’s hammer mark and a tree identification code on the stump, log and “culée” (the part between the stump and log) (Art. 128 of Law n°16-01). For permits by private agreement, the hammer is replaced by a group number, which is applied in white oil-based paint (Art. 17 of Order n°136-MEF).

Legally required documents
Applicable legislation
VIEW LESS
1.8 Timber harvesting regulations
Last updated on 2022-11-01 Wood is abandoned in breach of the regulations Specified RISK
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Site logbooks (samples)
2
Verify Reports of field checks and inspections
3
Verify Independent monitor reports on the logging title
4
Consult Independent monitors
5
Consult Local forestry administration
6
Consult Local populations surrounding the forest
7
Visit Harvesting site
Description of legal requirements
There is no irregular abandonment of wood.
VIEW MORE

Abandoning of wood (all source types)

Loggers are prohibited from abandoning logs of commercial value on logging sites, in loading areas or along evacuation routes. Logs that have not been removed more than six months after being felled are deemed abandoned on the related permit (Art. n°134 of Law n°16-01, Art. 2 of Decree n°0273-PR-MEF, Guide Technique National pour l’aménagement - 4.6.4.4).

At the end of these six months, the abandoned wood becomes the property of the state by way of a request to seize the abandoned wood (Art. 4 to 8 of Decree n°0273-PR-MEF).

Legally required documents
Applicable legislation
VIEW LESS
1.8 Timber harvesting regulations
Last updated on 2022-11-01 The applicable rules for operating in forest areas regarding skidding, the construction of roads and infrastructure, the creation of logyards and the collection of waste after logging, etc. are not respected Specified RISK
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Site logbooks (samples)
2
Verify Reports of field checks and inspections
3
Verify Independent monitor reports on the logging title
4
Consult Independent monitors
5
Consult Local forestry administration
6
Consult Local populations surrounding the forest
7
Visit Harvesting site
Description of legal requirements
Forest environment intervention standards are respected.
VIEW MORE

Minimum diameters (all source types)

For all forest species, the Gabonese regulations stipulate a Minimum Felling Diameter (DME). Trees below this diameter cannot be harvested (Art. 3 of Order n°00117/PR/ MEFEPEPN, community forests: Art. 16 of order n°000365/MEF/CAB/ME, ACBSL: Art. 13 of Order n°104/MFEPRN, PGG: Art. 9 of Order n°136/MEF).

In managed forests (CPAET/CFAD and PFA), some species have a minimum felling diameter that is higher than the figure specified by the regulations (Art. 37 of Law n°016/01). Here we talk about DME/UFA (minimum felling diameters for each UFA). These are indicated in the Forest Management Plan.

Felling and marking (all source types)

All logging permit holders must have at least one log-marking hammer with a mark specific to that logger. This mark must be registered with the relevant administrations (Art. 127 of Law n°16-01, community forests: Art. 17 of Order n°000365/MEF/CAB/ME). Groups of loggers assigned permits by private agreement are exempt from the logging hammer requirement (Art. 17 of Order n°136-MEF).

Logging is limited to the quotas allocated by the logging authorisations and to the limits established by these authorisations (see category 1.4). Only trees that have been previously marked can be felled ((CPAET/CFAD and PFA: Guide Technique National pour l’aménagement - 4.6.4.3, PGG: Art. 10 of Order n°136/MEF, ASC: Art. 7 of Order n°000669, ACBSL: Art. 3 and 13 of Order n°104/MFEPRN).

Within state forests (CPAET/CFAD and PFA), logging must be conducted by a qualified person able to demonstrate controlled, directional felling, ensuring the protection of future trees and minimum breakage (Guide Technique National pour l’aménagement - 4.6.4.3).

All felled trees must be imprinted with the logger’s hammer mark and a tree identification code on the stump, log and “culée” (the part between the stump and log) (Art. 128 of Law n°16-01). For permits by private agreement, the hammer is replaced by a group number, which is applied in white oil-based paint (Art. 17 of Order n°136-MEF).

Abandoning of wood (all source types)

Loggers are prohibited from abandoning logs of commercial value on logging sites, in loading areas or along evacuation routes. Logs that have not been removed more than six months after being felled are deemed abandoned on the related permit (Art. n°134 of Law n°16-01, Art. 2 of Decree n°0273-PR-MEF, Guide Technique National pour l’aménagement - 4.6.4.4).

At the end of these six months, the abandoned wood becomes the property of the state by way of a request to seize the abandoned wood (Art. 4 to 8 of Decree n°0273-PR-MEF).

Creation of logyards (state forests: CPAET/CFAD and PFA)

Logyards cannot be created less than 30 metres from a water body or course. Concessionaires must endeavour to establish these storage areas on land that is on a slight slope (recommended slope of 2%). It is important that the logyards are well drained and that the water in draining ditches is directed towards an area of vegetation and not directly into a water course (Guide Technique National pour l’aménagement - 4.6.3.3)

Road networks (state forests: CPAET/CFAD and PFA)

The creation of all road networks must be subject to a planning stage that factors in various criteria, including minimising earthworks by avoiding steep slopes and wetlands, and sensitive areas in terms of flora and fauna, selecting the most favourable intersections of water courses, optimising the network of main roads by considering other logging operations, and avoiding trees marked by the forestry administration and the forest resources used by the local communities (Guide Technique National pour l'aménagement - 4.6.3.2).

Once the logging inventory has been produced, the trees that can be harvested are grouped into small batches connected to the main roads. The network is planned out in advance on paper in order to optimise the route so as to reach the trees to be harvested first, and then those to be skidded after.

Records (all source types)

All logging activities are recorded in a site logbook (all source types: Art. 130 of Law n°016-2001, CPAET/CFAD and PFA: Art. 49 of Law n°016-2001 and Guide Technique National pour l’aménagement - 4.6.4.3, PGG: Art. 20 of Order n°136/MEF, community forests: Art. 20 of Order n°000365/MEF/CAB/ME). Stump details must be recorded before the end of the week during which the trees were felled, whilst log details must be recorded before they are removed from the site (Art. 131 of Law n°016-01). The specifications for managed forests (CPAET/CFAD and PFA) may stipulate the requirements for the keeping of site logbooks (Guide Technique National pour l’aménagement - 4.6.4.3).

Legally required documents
Applicable legislation
VIEW LESS
1.8 Timber harvesting regulations
Last updated on 2022-11-01 Logbooks are kept fraudulently or in breach of the regulations Specified RISK
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Site logbooks (samples)
2
Verify Reports of field checks and inspections
3
Verify Independent monitor reports on the logging title
4
Consult Independent monitors
5
Consult Local forestry administration
6
Consult Local populations surrounding the forest
7
Visit Harvesting site
Description of legal requirements
Site books are accurate and up-to-date.
VIEW MORE

Records (all source types)

All logging activities are recorded in a site logbook (all source types: Art. 130 of Law n°016-2001, CPAET/CFAD and PFA: Art. 49 of Law n°016-2001 and Guide Technique National pour l’aménagement - 4.6.4.3, PGG: Art. 20 of Order n°136/MEF, community forests: Art. 20 of Order n°000365/MEF/CAB/ME). Stump details must be recorded before the end of the week during which the trees were felled, whilst log details must be recorded before they are removed from the site (Art. 131 of Law n°016-01). The specifications for managed forests (CPAET/CFAD and PFA) may stipulate the requirements for the keeping of site logbooks (Guide Technique National pour l’aménagement - 4.6.4.3).

Legally required documents
Applicable legislation
VIEW LESS
1.9 Protected sites and species
Last updated on 2022-11-01 Illegal wood harvesting is conducted in areas that are not dedicated to logging, such as national parks or nature reserves Specified RISK
Although not an example of illegality, it should be noted that the regulations are not very clear regarding the criteria for identifying the sites and species to be protected within managed forests (CPAET/CFAD and PFA) (Proforest, 2018). Illegal wood harvesting in areas that are not assigned to logging, such as national parks or nature reserves. This wood is laundered and reintegrated into the formal circuit for export, covered by false markings ... VIEW MORE

Although not an example of illegality, it should be noted that the regulations are not very clear regarding the criteria for identifying the sites and species to be protected within managed forests (CPAET/CFAD and PFA) (Proforest, 2018).

Illegal wood harvesting in areas that are not assigned to logging, such as national parks or nature reserves. This wood is laundered and reintegrated into the formal circuit for export, covered by false markings and falsified transport documents (Expert consultation, 2019) VIEW LESS

The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Visit Harvesting site
2
Verify Special export authorisation
3
Verify Forest management plan
4
Verify Simplified management programme
5
Visit Harvesting site
6
Visit Harvesting site
7
Consult Stakeholders (NGOs, central and decentralised administrations, adjoining concessionaires, local populations)
Description of legal requirements
There is no logging in areas not dedicated to logging.
VIEW MORE

Protected sites

In classified state forests, no logging activities may take place and no logging permits may be allocated. These forests notably include protection forests, protected areas and forests used for educational and scientific purposes (Art. 8 and 149 of Law n°016-01). There is an exception for areas that have been reforested by the state within these zones (Art. 149 of Law n°016-01).

Logging is also no longer permitted in National Parks (Law n° 003-2007). Trees may potentially be harvested for scientific or tourism-related purposes – see Article 10 of Law n° 003-2007). There are severe penalties (prison or fines) for the harvesting of timber within national parks (Article 64 of Law n° 003-2007).

Within state-owned productive forests (CPAET/CFAD and PFA), the regulations notably protect the areas surrounding running water and sloping ground.

The forest management plans must contain mapping information specific to the logging restrictions relating to, for example, sloping areas and large wetlands (Guide Technique National pour l’aménagement – 3.4.6.1).

Campsites or industrial installations cannot be developed (1) less than one kilometre from an area identified as sensitive by the forestry administration (sharp slope, swamp, etc.) or (2) less than 60 metres from a body of water (including for storing organic matter produced as a result of the works) (Guide Technique National pour l’aménagement – 3.4.6.1).

Logging cannot take place less than 30 metres from any lake or body of water that is more than 5 metres wide. There are also specifications relating to the protection of water for digging drainage canals, cleaning machinery, handling fuels (Guide Technique National pour l’aménagement – 3.4.6.1) and the creation of logyards (Guide Technique National pour l’aménagement – 4.6.3.3).

Finally, some areas may be established as conservation areas during the forest management plan development stage, particularly due to specific factors on an ecological or biodiversity level (notably in the form of conservation or research series).

Simplified management programmes for community forests may also contain specific provisions relating to the sites and species to be protected.

Protected species (flora)

A logging ban may be placed on certain forest species, either due to their protection status on a national scale, or for that specific forest.

In application of the law on environmental protection, a list of rare or endangered plant species is fixed through the applicable regulations (Art. 75 of Law n°007/2014).

In 2015, a precautionary logging suspension on Kevazingo was introduced by an order, due to the intensity of illegal felling of this species.

Five Gabonese species had also notably been subjected to selective and intensive logging: Afo (Poga oleosa), Andok (Irvingia gabonensis), Douka (Tieghemella Africana), Ozigo (Dacryodes buetnerii) and Moabi (Baillonnella toxisperma). A logging ban was placed on these species for a period of 25 years as of 2009 (Decree n°137/PR/MEFEPA, also see Art. 11 of Order n°000669 for ASCs and Art. 8 of Order n°136/MEF for PGGs).

The logging ban on Ozigo and Kevazingo was lifted in 2016 (Decree n°350/PR/MPERNFM). Ozigo and Kévazingo may therefore be harvested and sold under certain conditions: when they are to be exported, Ozigo products must be subject to a secondary processing carried out in Gabon, and Kévazingo products must be subject to a tertiary processing carried out in Gabon (in accordance with the definition in the Forest Code) (Decree n°350/PR/MPERNFM).

Furthermore, the export of Kévazingo products its subject to special authorisation (Order n°33/MFEPRN/CAB).

Applicable legislation
VIEW LESS
1.9 Protected sites and species
Last updated on 2022-11-01 Forest species subject to logging bans on national territory or within the specific forest are harvested Specified RISK
Although not an example of illegality, it should be noted that the regulations are not very clear regarding the criteria for identifying the sites and species to be protected within managed forests (CPAET/CFAD and PFA) (Proforest, 2018). Forest species subject to logging bans on national territory or within the specific forest being harvested (Expert consultation, 2019).... VIEW MORE

Although not an example of illegality, it should be noted that the regulations are not very clear regarding the criteria for identifying the sites and species to be protected within managed forests (CPAET/CFAD and PFA) (Proforest, 2018).

Forest species subject to logging bans on national territory or within the specific forest being harvested (Expert consultation, 2019). VIEW LESS

The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Visit Harvesting site
2
Verify Special export authorisation
3
Verify Forest management plan
4
Verify Simplified management programme
5
Visit Harvesting site
6
Visit Harvesting site
7
Consult Stakeholders (NGOs, central and decentralised administrations, adjoining concessionaires, local populations)
Description of legal requirements
Forest species banned from logging are not felled.
VIEW MORE

Protected sites

In classified state forests, no logging activities may take place and no logging permits may be allocated. These forests notably include protection forests, protected areas and forests used for educational and scientific purposes (Art. 8 and 149 of Law n°016-01). There is an exception for areas that have been reforested by the state within these zones (Art. 149 of Law n°016-01).

Logging is also no longer permitted in National Parks (Law n° 003-2007). Trees may potentially be harvested for scientific or tourism-related purposes – see Article 10 of Law n° 003-2007). There are severe penalties (prison or fines) for the harvesting of timber within national parks (Article 64 of Law n° 003-2007).

Within state-owned productive forests (CPAET/CFAD and PFA), the regulations notably protect the areas surrounding running water and sloping ground.

The forest management plans must contain mapping information specific to the logging restrictions relating to, for example, sloping areas and large wetlands (Guide Technique National pour l’aménagement – 3.4.6.1).

Campsites or industrial installations cannot be developed (1) less than one kilometre from an area identified as sensitive by the forestry administration (sharp slope, swamp, etc.) or (2) less than 60 metres from a body of water (including for storing organic matter produced as a result of the works) (Guide Technique National pour l’aménagement – 3.4.6.1).

Logging cannot take place less than 30 metres from any lake or body of water that is more than 5 metres wide. There are also specifications relating to the protection of water for digging drainage canals, cleaning machinery, handling fuels (Guide Technique National pour l’aménagement – 3.4.6.1) and the creation of logyards (Guide Technique National pour l’aménagement – 4.6.3.3).

Finally, some areas may be established as conservation areas during the forest management plan development stage, particularly due to specific factors on an ecological or biodiversity level (notably in the form of conservation or research series).

Simplified management programmes for community forests may also contain specific provisions relating to the sites and species to be protected.

Protected species (flora)

A logging ban may be placed on certain forest species, either due to their protection status on a national scale, or for that specific forest.

In application of the law on environmental protection, a list of rare or endangered plant species is fixed through the applicable regulations (Art. 75 of Law n°007/2014).

In 2015, a precautionary logging suspension on Kevazingo was introduced by an order, due to the intensity of illegal felling of this species.

Five Gabonese species had also notably been subjected to selective and intensive logging: Afo (Poga oleosa), Andok (Irvingia gabonensis), Douka (Tieghemella Africana), Ozigo (Dacryodes buetnerii) and Moabi (Baillonnella toxisperma). A logging ban was placed on these species for a period of 25 years as of 2009 (Decree n°137/PR/MEFEPA, also see Art. 11 of Order n°000669 for ASCs and Art. 8 of Order n°136/MEF for PGGs).

The logging ban on Ozigo and Kevazingo was lifted in 2016 (Decree n°350/PR/MPERNFM). Ozigo and Kévazingo may therefore be harvested and sold under certain conditions: when they are to be exported, Ozigo products must be subject to a secondary processing carried out in Gabon, and Kévazingo products must be subject to a tertiary processing carried out in Gabon (in accordance with the definition in the Forest Code) (Decree n°350/PR/MPERNFM).

Furthermore, the export of Kévazingo products its subject to special authorisation (Order n°33/MFEPRN/CAB).

Applicable legislation
VIEW LESS
1.9 Protected sites and species
Last updated on 2022-11-01 Within productive forests (CPAET/CFAD and PFA), logging operations are carried out in protected areas and conservation series Specified RISK
Although not an example of illegality, it should be noted that the regulations are not very clear regarding the criteria for identifying the sites and species to be protected within managed forests (CPAET/CFAD and PFA) (Proforest, 2018). Within productive forests (CPAET/CFAD and PFA), logging operations being carried out in protected areas and conservation series (Expert consultation, 2019)... VIEW MORE

Although not an example of illegality, it should be noted that the regulations are not very clear regarding the criteria for identifying the sites and species to be protected within managed forests (CPAET/CFAD and PFA) (Proforest, 2018).

Within productive forests (CPAET/CFAD and PFA), logging operations being carried out in protected areas and conservation series (Expert consultation, 2019) VIEW LESS

The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Forest concessions (CPAET/CFAD)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Visit Harvesting site
2
Verify Special export authorisation
3
Verify Forest management plan
4
Verify Simplified management programme
5
Visit Harvesting site
6
Visit Harvesting site
7
Consult Stakeholders (NGOs, central and decentralised administrations, adjoining concessionaires, local populations)
Description of legal requirements
There is no logging in protected areas and conservation series.
VIEW MORE

Protected sites

In classified state forests, no logging activities may take place and no logging permits may be allocated. These forests notably include protection forests, protected areas and forests used for educational and scientific purposes (Art. 8 and 149 of Law n°016-01). There is an exception for areas that have been reforested by the state within these zones (Art. 149 of Law n°016-01).

Logging is also no longer permitted in National Parks (Law n° 003-2007). Trees may potentially be harvested for scientific or tourism-related purposes – see Article 10 of Law n° 003-2007). There are severe penalties (prison or fines) for the harvesting of timber within national parks (Article 64 of Law n° 003-2007).

Within state-owned productive forests (CPAET/CFAD and PFA), the regulations notably protect the areas surrounding running water and sloping ground.

The forest management plans must contain mapping information specific to the logging restrictions relating to, for example, sloping areas and large wetlands (Guide Technique National pour l’aménagement – 3.4.6.1).

Campsites or industrial installations cannot be developed (1) less than one kilometre from an area identified as sensitive by the forestry administration (sharp slope, swamp, etc.) or (2) less than 60 metres from a body of water (including for storing organic matter produced as a result of the works) (Guide Technique National pour l’aménagement – 3.4.6.1).

Logging cannot take place less than 30 metres from any lake or body of water that is more than 5 metres wide. There are also specifications relating to the protection of water for digging drainage canals, cleaning machinery, handling fuels (Guide Technique National pour l’aménagement – 3.4.6.1) and the creation of logyards (Guide Technique National pour l’aménagement – 4.6.3.3).

Finally, some areas may be established as conservation areas during the forest management plan development stage, particularly due to specific factors on an ecological or biodiversity level (notably in the form of conservation or research series).

Simplified management programmes for community forests may also contain specific provisions relating to the sites and species to be protected.

Protected species (flora)

A logging ban may be placed on certain forest species, either due to their protection status on a national scale, or for that specific forest.

In application of the law on environmental protection, a list of rare or endangered plant species is fixed through the applicable regulations (Art. 75 of Law n°007/2014).

In 2015, a precautionary logging suspension on Kevazingo was introduced by an order, due to the intensity of illegal felling of this species.

Five Gabonese species had also notably been subjected to selective and intensive logging: Afo (Poga oleosa), Andok (Irvingia gabonensis), Douka (Tieghemella Africana), Ozigo (Dacryodes buetnerii) and Moabi (Baillonnella toxisperma). A logging ban was placed on these species for a period of 25 years as of 2009 (Decree n°137/PR/MEFEPA, also see Art. 11 of Order n°000669 for ASCs and Art. 8 of Order n°136/MEF for PGGs).

The logging ban on Ozigo and Kevazingo was lifted in 2016 (Decree n°350/PR/MPERNFM). Ozigo and Kévazingo may therefore be harvested and sold under certain conditions: when they are to be exported, Ozigo products must be subject to a secondary processing carried out in Gabon, and Kévazingo products must be subject to a tertiary processing carried out in Gabon (in accordance with the definition in the Forest Code) (Decree n°350/PR/MPERNFM).

Furthermore, the export of Kévazingo products its subject to special authorisation (Order n°33/MFEPRN/CAB).

Applicable legislation
VIEW LESS
1.9 Protected sites and species
Last updated on 2022-11-01 For productive forests (CPAET/CFAD and PFA), no biodiversity diagnosis is carried out for the forest management plan or the management measures provided for in relation to biodiversity are not respected Specified RISK
Although not an example of illegality, it should be noted that the regulations are not very clear regarding the criteria for identifying the sites and species to be protected within managed forests (CPAET/CFAD and PFA) (Proforest, 2018). For productive forests (CPAET/CFAD and PFA), no biodiversity diagnosis being carried out for the forest management plan or the management measures provided for in relation to biodiversity not being respected (for... VIEW MORE

Although not an example of illegality, it should be noted that the regulations are not very clear regarding the criteria for identifying the sites and species to be protected within managed forests (CPAET/CFAD and PFA) (Proforest, 2018).

For productive forests (CPAET/CFAD and PFA), no biodiversity diagnosis being carried out for the forest management plan or the management measures provided for in relation to biodiversity not being respected (for example, creation of checkpoints at the concession entrances, etc.) (Expert consultation, 2019). VIEW LESS

The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Forest concessions (CPAET/CFAD)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Visit Harvesting site
2
Verify Special export authorisation
3
Verify Forest management plan
4
Verify Simplified management programme
5
Visit Harvesting site
6
Visit Harvesting site
7
Consult Stakeholders (NGOs, central and decentralised administrations, adjoining concessionaires, local populations)
Description of legal requirements
There is a Biodiversity Diagnosis and the development measures relating to biodiversity are implemented.
VIEW MORE

Protected sites

In classified state forests, no logging activities may take place and no logging permits may be allocated. These forests notably include protection forests, protected areas and forests used for educational and scientific purposes (Art. 8 and 149 of Law n°016-01). There is an exception for areas that have been reforested by the state within these zones (Art. 149 of Law n°016-01).

Logging is also no longer permitted in National Parks (Law n° 003-2007). Trees may potentially be harvested for scientific or tourism-related purposes – see Article 10 of Law n° 003-2007). There are severe penalties (prison or fines) for the harvesting of timber within national parks (Article 64 of Law n° 003-2007).

Within state-owned productive forests (CPAET/CFAD and PFA), the regulations notably protect the areas surrounding running water and sloping ground.

The forest management plans must contain mapping information specific to the logging restrictions relating to, for example, sloping areas and large wetlands (Guide Technique National pour l’aménagement – 3.4.6.1).

Campsites or industrial installations cannot be developed (1) less than one kilometre from an area identified as sensitive by the forestry administration (sharp slope, swamp, etc.) or (2) less than 60 metres from a body of water (including for storing organic matter produced as a result of the works) (Guide Technique National pour l’aménagement – 3.4.6.1).

Logging cannot take place less than 30 metres from any lake or body of water that is more than 5 metres wide. There are also specifications relating to the protection of water for digging drainage canals, cleaning machinery, handling fuels (Guide Technique National pour l’aménagement – 3.4.6.1) and the creation of logyards (Guide Technique National pour l’aménagement – 4.6.3.3).

Finally, some areas may be established as conservation areas during the forest management plan development stage, particularly due to specific factors on an ecological or biodiversity level (notably in the form of conservation or research series).

Simplified management programmes for community forests may also contain specific provisions relating to the sites and species to be protected.

Protected species (flora)

A logging ban may be placed on certain forest species, either due to their protection status on a national scale, or for that specific forest.

In application of the law on environmental protection, a list of rare or endangered plant species is fixed through the applicable regulations (Art. 75 of Law n°007/2014).

In 2015, a precautionary logging suspension on Kevazingo was introduced by an order, due to the intensity of illegal felling of this species.

Five Gabonese species had also notably been subjected to selective and intensive logging: Afo (Poga oleosa), Andok (Irvingia gabonensis), Douka (Tieghemella Africana), Ozigo (Dacryodes buetnerii) and Moabi (Baillonnella toxisperma). A logging ban was placed on these species for a period of 25 years as of 2009 (Decree n°137/PR/MEFEPA, also see Art. 11 of Order n°000669 for ASCs and Art. 8 of Order n°136/MEF for PGGs).

The logging ban on Ozigo and Kevazingo was lifted in 2016 (Decree n°350/PR/MPERNFM). Ozigo and Kévazingo may therefore be harvested and sold under certain conditions: when they are to be exported, Ozigo products must be subject to a secondary processing carried out in Gabon, and Kévazingo products must be subject to a tertiary processing carried out in Gabon (in accordance with the definition in the Forest Code) (Decree n°350/PR/MPERNFM).

Furthermore, the export of Kévazingo products its subject to special authorisation (Order n°33/MFEPRN/CAB).

Applicable legislation
VIEW LESS
1.10 Environmental requirements
Last updated on 2022-11-01 No wildlife protection plan (PFF) is drawn up or it is not validated Specified RISK
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verification
1
Verify Wildlife protection plan validated by the administration
2
Visit Harvesting site
Description of legal requirements
The Wildlife Protection Plan is drawn up and validated.
VIEW MORE

Wildlife protection

The forest management plans for CFADs and PFAs are drawn up based on the biodiversity diagnosis conducted during the preparation stage, as well as the guidelines contained in the national technical guide on forest management and the management of state-owned forests (Guide Technique National pour l’aménagement et la gestion des forêts domaniales) (section 4.6.2), which stipulates: a ban on the transport of hunting machinery and hunting products on-board concessionaires’ vehicles, an obligation to ensure the supply of food to logging workers residing at the camps, and an obligation to barricade the non-permanent roads at the end of the logging activities.

Furthermore, Order n°0937 has stipulated since 2004 that forest concessions have a wildlife protection plan (PFF), the duration of which is calculated based on the duration of the management plan (5 years). The role of the PFF is to ensure improved governance of wildlife protection and to ensure that the applicable wildlife protection measures are respected (Art. 2). The PFFs must be drawn up with the involvement of all stakeholders, (Art. 10), must follow a predefined framework (Art. 10) and must be validated by the administration (Art. 4).

In general, the wildlife protection measures provided for in the forest management plans and wildlife protection plans involve the implementation of an anti-poaching surveillance and monitoring system, alternatives to bush meat for workers, supporting the forestry administration during anti-poaching operations, the implementation of checkpoints at the concession entrances, and raising awareness amongst communities about the sustainable wildlife management, etc.

Protection of water and soil & waste management

The national technical guide on forest management and the management of state-owned forests also contains guidelines on:

•   The protection of water: maintaining a wooded border of 30m around water courses and bodies, conditions for digging drainage canals, banning cleaning machinery in or around bodies of water.

•   Waste management: a ban on abandoning waste in the forest.

Furthermore, the forest infrastructure (camps, industrial installations and road networks) must also take into account the environmental requirements relating to the protection of running water, protected areas and specific zones (sloping ground, marshlands, etc.).

The possession, collection and disposal of waste oil is also subject to specific regulations (Decree n°000545/PR/MEFEPEPN, chapter 1).

Environmental impact assessments

The clearing of non-permanent forests of a surface area greater than or equal to 25 hectares, the reforestation of large areas greater than or equal to 100 hectares, and forest road networks are also subjected to an environmental impact assessment (Article 3 Decree n°0539/PR/MEFEPEPN and Order n°035).

Legally required documents
Applicable legislation
VIEW LESS
1.10 Environmental requirements
Last updated on 2022-11-01 The logging activities (felling, skidding, construction of infrastructure, opening of roads, etc.) have a significant impact on running water, soil, residual vegetation, sensitive environments, etc. Specified RISK
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Environmental impact assessment
2
Consult Stakeholders (NGOs, central and decentralised administrations, adjoining concessionaires, local populations)
3
Visit Harvesting site
Description of legal requirements
Operating activities do not have a significant impact on the environment.
VIEW MORE

Wildlife protection

The forest management plans for CFADs and PFAs are drawn up based on the biodiversity diagnosis conducted during the preparation stage, as well as the guidelines contained in the national technical guide on forest management and the management of state-owned forests (Guide Technique National pour l’aménagement et la gestion des forêts domaniales) (section 4.6.2), which stipulates: a ban on the transport of hunting machinery and hunting products on-board concessionaires’ vehicles, an obligation to ensure the supply of food to logging workers residing at the camps, and an obligation to barricade the non-permanent roads at the end of the logging activities.

Furthermore, Order n°0937 has stipulated since 2004 that forest concessions have a wildlife protection plan (PFF), the duration of which is calculated based on the duration of the management plan (5 years). The role of the PFF is to ensure improved governance of wildlife protection and to ensure that the applicable wildlife protection measures are respected (Art. 2). The PFFs must be drawn up with the involvement of all stakeholders, (Art. 10), must follow a predefined framework (Art. 10) and must be validated by the administration (Art. 4).

In general, the wildlife protection measures provided for in the forest management plans and wildlife protection plans involve the implementation of an anti-poaching surveillance and monitoring system, alternatives to bush meat for workers, supporting the forestry administration during anti-poaching operations, the implementation of checkpoints at the concession entrances, and raising awareness amongst communities about the sustainable wildlife management, etc.

Protection of water and soil & waste management

The national technical guide on forest management and the management of state-owned forests also contains guidelines on:

•   The protection of water: maintaining a wooded border of 30m around water courses and bodies, conditions for digging drainage canals, banning cleaning machinery in or around bodies of water.

•   Waste management: a ban on abandoning waste in the forest.

Furthermore, the forest infrastructure (camps, industrial installations and road networks) must also take into account the environmental requirements relating to the protection of running water, protected areas and specific zones (sloping ground, marshlands, etc.).

The possession, collection and disposal of waste oil is also subject to specific regulations (Decree n°000545/PR/MEFEPEPN, chapter 1).

Environmental impact assessments

The clearing of non-permanent forests of a surface area greater than or equal to 25 hectares, the reforestation of large areas greater than or equal to 100 hectares, and forest road networks are also subjected to an environmental impact assessment (Article 3 Decree n°0539/PR/MEFEPEPN and Order n°035).

Legally required documents
Applicable legislation
VIEW LESS
1.10 Environmental requirements
Last updated on 2022-11-01 Waste management standards are not respected. Waste is not collected and stored in order to be disposed of Specified RISK
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Environmental impact assessment
2
Consult Stakeholders (NGOs, central and decentralised administrations, adjoining concessionaires, local populations)
3
Visit Harvesting site
Description of legal requirements
Waste management standards are met
VIEW MORE

Wildlife protection

The forest management plans for CFADs and PFAs are drawn up based on the biodiversity diagnosis conducted during the preparation stage, as well as the guidelines contained in the national technical guide on forest management and the management of state-owned forests (Guide Technique National pour l’aménagement et la gestion des forêts domaniales) (section 4.6.2), which stipulates: a ban on the transport of hunting machinery and hunting products on-board concessionaires’ vehicles, an obligation to ensure the supply of food to logging workers residing at the camps, and an obligation to barricade the non-permanent roads at the end of the logging activities.

Furthermore, Order n°0937 has stipulated since 2004 that forest concessions have a wildlife protection plan (PFF), the duration of which is calculated based on the duration of the management plan (5 years). The role of the PFF is to ensure improved governance of wildlife protection and to ensure that the applicable wildlife protection measures are respected (Art. 2). The PFFs must be drawn up with the involvement of all stakeholders, (Art. 10), must follow a predefined framework (Art. 10) and must be validated by the administration (Art. 4).

In general, the wildlife protection measures provided for in the forest management plans and wildlife protection plans involve the implementation of an anti-poaching surveillance and monitoring system, alternatives to bush meat for workers, supporting the forestry administration during anti-poaching operations, the implementation of checkpoints at the concession entrances, and raising awareness amongst communities about the sustainable wildlife management, etc.

Protection of water and soil & waste management

The national technical guide on forest management and the management of state-owned forests also contains guidelines on:

•   The protection of water: maintaining a wooded border of 30m around water courses and bodies, conditions for digging drainage canals, banning cleaning machinery in or around bodies of water.

•   Waste management: a ban on abandoning waste in the forest.

Furthermore, the forest infrastructure (camps, industrial installations and road networks) must also take into account the environmental requirements relating to the protection of running water, protected areas and specific zones (sloping ground, marshlands, etc.).

The possession, collection and disposal of waste oil is also subject to specific regulations (Decree n°000545/PR/MEFEPEPN, chapter 1).

Environmental impact assessments

The clearing of non-permanent forests of a surface area greater than or equal to 25 hectares, the reforestation of large areas greater than or equal to 100 hectares, and forest road networks are also subjected to an environmental impact assessment (Article 3 Decree n°0539/PR/MEFEPEPN and Order n°035).

Legally required documents
Applicable legislation
VIEW LESS
1.11 Health and safety
Last updated on 2022-11-01 No occupational medical service is available Specified RISK
Risk is made worse by insufficient checks carried out by the labour inspectorate services, notably due to activities being conducted in areas that are remote or difficult to access, and due to a lack of financial and material resources(Expert consultation, 2019)... VIEW MORERisk is made worse by insufficient checks carried out by the labour inspectorate services, notably due to activities being conducted in areas that are remote or difficult to access, and due to a lack of financial and material resources(Expert consultation, 2019) VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Internal company regulations
2
Verify Last labour inspectorate visit report
3
Verify Document relating to the occupational health service
4
Verify document relating to the occupational health service
5
Verify Document relating to provision of personal protective equipment (PPE) to workers
6
Verify Declaration of occupational accidents and illnesses to the social security body and the effective handling thereof
7
Visit Harvesting site
8
Consult The regionally competent labour inspectorate
9
Consult Workers from different work stations
10
Consult Staff working for the company’s health service
Description of legal requirements
There is an occupational health service.
VIEW MORE

The law on environmental protection (Law n°007/2014) stipulates that the exploitation of natural resources ensures the protection of human health (Art. 73).

Furthermore, establishments belonging to logging companies are explicitly declared as being subject to the provisions of the labour code on health and safety at work (Art. 197).

The employer is responsible for the application of the necessary prevention measures to ensure health and safety in the workplace (Art. 198). Internal regulations that include guidelines on health and safety at work must be established (Art. 110), alongside a programme to prevent risks in the workplace (Art. 198).

The employer is responsible for providing workers with the appropriate facilities and equipment for carrying out their work, in order to ensure appropriate protection against accidents at work and any damage to their health. The employer is also responsible for providing workers with individual and group protection resources, and ensuring the maintenance and renewal thereof (Art. 200).

All professional establishments must maintain the necessary levels of hygiene and cleanliness to ensure the health of all workers (Art. 211).

A fitness for work medical assessment is obligatory for all workers (Art. 207).

Workers must be trained on the risks that their respective jobs involve and the measures they need to take to prevent them, including the use of protection systems (Art. 201).

Except for in cases of force majeure, the employer is responsible for declaring all accidents at work and all occupational illnesses contracted within the company to the social security body within two working days. A copy of this declaration is forwarded to the labour inspectorate.

Finally, all companies and establishments must provide an occupational health service that can provide first aid and emergency care (Art. 221).

Legally required documents
Applicable legislation
VIEW LESS
1.11 Health and safety
Last updated on 2022-11-01 Workers are not provided with appropriate care in the event of an accident or illness Specified RISK
Risk is made worse by insufficient checks carried out by the labour inspectorate services, notably due to activities being conducted in areas that are remote or difficult to access, and due to a lack of financial and material resources(Expert consultation, 2019)... VIEW MORERisk is made worse by insufficient checks carried out by the labour inspectorate services, notably due to activities being conducted in areas that are remote or difficult to access, and due to a lack of financial and material resources(Expert consultation, 2019) VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Internal company regulations
2
Verify Last labour inspectorate visit report
3
Verify Document relating to the occupational health service
4
Verify document relating to the occupational health service
5
Verify Document relating to provision of personal protective equipment (PPE) to workers
6
Verify Declaration of occupational accidents and illnesses to the social security body and the effective handling thereof
7
Visit Harvesting site
8
Consult The regionally competent labour inspectorate
9
Consult Workers from different work stations
10
Consult Staff working for the company’s health service
Description of legal requirements
Accidents and illnesses of workers are covered.
VIEW MORE

The law on environmental protection (Law n°007/2014) stipulates that the exploitation of natural resources ensures the protection of human health (Art. 73).

Furthermore, establishments belonging to logging companies are explicitly declared as being subject to the provisions of the labour code on health and safety at work (Art. 197).

The employer is responsible for the application of the necessary prevention measures to ensure health and safety in the workplace (Art. 198). Internal regulations that include guidelines on health and safety at work must be established (Art. 110), alongside a programme to prevent risks in the workplace (Art. 198).

The employer is responsible for providing workers with the appropriate facilities and equipment for carrying out their work, in order to ensure appropriate protection against accidents at work and any damage to their health. The employer is also responsible for providing workers with individual and group protection resources, and ensuring the maintenance and renewal thereof (Art. 200).

All professional establishments must maintain the necessary levels of hygiene and cleanliness to ensure the health of all workers (Art. 211).

A fitness for work medical assessment is obligatory for all workers (Art. 207).

Workers must be trained on the risks that their respective jobs involve and the measures they need to take to prevent them, including the use of protection systems (Art. 201).

Except for in cases of force majeure, the employer is responsible for declaring all accidents at work and all occupational illnesses contracted within the company to the social security body within two working days. A copy of this declaration is forwarded to the labour inspectorate.

Finally, all companies and establishments must provide an occupational health service that can provide first aid and emergency care (Art. 221).

Legally required documents
Applicable legislation
VIEW LESS
1.11 Health and safety
Last updated on 2022-11-01 Accidents at work are not declared to the social security body Specified RISK
Risk is made worse by insufficient checks carried out by the labour inspectorate services, notably due to activities being conducted in areas that are remote or difficult to access, and due to a lack of financial and material resources(Expert consultation, 2019)... VIEW MORERisk is made worse by insufficient checks carried out by the labour inspectorate services, notably due to activities being conducted in areas that are remote or difficult to access, and due to a lack of financial and material resources(Expert consultation, 2019) VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Internal company regulations
2
Verify Last labour inspectorate visit report
3
Verify Document relating to the occupational health service
4
Verify document relating to the occupational health service
5
Verify Document relating to provision of personal protective equipment (PPE) to workers
6
Verify Declaration of occupational accidents and illnesses to the social security body and the effective handling thereof
7
Visit Harvesting site
8
Consult The regionally competent labour inspectorate
9
Consult Workers from different work stations
10
Consult Staff working for the company’s health service
Description of legal requirements
Accidents at work are declared to the social security body.
VIEW MORE

The law on environmental protection (Law n°007/2014) stipulates that the exploitation of natural resources ensures the protection of human health (Art. 73).

Furthermore, establishments belonging to logging companies are explicitly declared as being subject to the provisions of the labour code on health and safety at work (Art. 197).

The employer is responsible for the application of the necessary prevention measures to ensure health and safety in the workplace (Art. 198). Internal regulations that include guidelines on health and safety at work must be established (Art. 110), alongside a programme to prevent risks in the workplace (Art. 198).

The employer is responsible for providing workers with the appropriate facilities and equipment for carrying out their work, in order to ensure appropriate protection against accidents at work and any damage to their health. The employer is also responsible for providing workers with individual and group protection resources, and ensuring the maintenance and renewal thereof (Art. 200).

All professional establishments must maintain the necessary levels of hygiene and cleanliness to ensure the health of all workers (Art. 211).

A fitness for work medical assessment is obligatory for all workers (Art. 207).

Workers must be trained on the risks that their respective jobs involve and the measures they need to take to prevent them, including the use of protection systems (Art. 201).

Except for in cases of force majeure, the employer is responsible for declaring all accidents at work and all occupational illnesses contracted within the company to the social security body within two working days. A copy of this declaration is forwarded to the labour inspectorate.

Finally, all companies and establishments must provide an occupational health service that can provide first aid and emergency care (Art. 221).

Legally required documents
Applicable legislation
VIEW LESS
1.11 Health and safety
Last updated on 2022-11-01 Employees do not receive a medical check-up when first hired Specified RISK
Risk is made worse by insufficient checks carried out by the labour inspectorate services, notably due to activities being conducted in areas that are remote or difficult to access, and due to a lack of financial and material resources(Expert consultation, 2019)... VIEW MORERisk is made worse by insufficient checks carried out by the labour inspectorate services, notably due to activities being conducted in areas that are remote or difficult to access, and due to a lack of financial and material resources(Expert consultation, 2019) VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Internal company regulations
2
Verify Last labour inspectorate visit report
3
Verify Document relating to the occupational health service
4
Verify document relating to the occupational health service
5
Verify Document relating to provision of personal protective equipment (PPE) to workers
6
Verify Declaration of occupational accidents and illnesses to the social security body and the effective handling thereof
7
Visit Harvesting site
8
Consult The regionally competent labour inspectorate
9
Consult Workers from different work stations
10
Consult Staff working for the company’s health service
Description of legal requirements
Medical examinations when hiring workers.
VIEW MORE

The law on environmental protection (Law n°007/2014) stipulates that the exploitation of natural resources ensures the protection of human health (Art. 73).

Furthermore, establishments belonging to logging companies are explicitly declared as being subject to the provisions of the labour code on health and safety at work (Art. 197).

The employer is responsible for the application of the necessary prevention measures to ensure health and safety in the workplace (Art. 198). Internal regulations that include guidelines on health and safety at work must be established (Art. 110), alongside a programme to prevent risks in the workplace (Art. 198).

The employer is responsible for providing workers with the appropriate facilities and equipment for carrying out their work, in order to ensure appropriate protection against accidents at work and any damage to their health. The employer is also responsible for providing workers with individual and group protection resources, and ensuring the maintenance and renewal thereof (Art. 200).

All professional establishments must maintain the necessary levels of hygiene and cleanliness to ensure the health of all workers (Art. 211).

A fitness for work medical assessment is obligatory for all workers (Art. 207).

Workers must be trained on the risks that their respective jobs involve and the measures they need to take to prevent them, including the use of protection systems (Art. 201).

Except for in cases of force majeure, the employer is responsible for declaring all accidents at work and all occupational illnesses contracted within the company to the social security body within two working days. A copy of this declaration is forwarded to the labour inspectorate.

Finally, all companies and establishments must provide an occupational health service that can provide first aid and emergency care (Art. 221).

Legally required documents
Applicable legislation
VIEW LESS
1.11 Health and safety
Last updated on 2022-11-01 Appropriate hygiene standards are not met (notably a lack of drinking water at sites and workplaces) Specified RISK
Risk is made worse by insufficient checks carried out by the labour inspectorate services, notably due to activities being conducted in areas that are remote or difficult to access, and due to a lack of financial and material resources(Expert consultation, 2019)... VIEW MORERisk is made worse by insufficient checks carried out by the labour inspectorate services, notably due to activities being conducted in areas that are remote or difficult to access, and due to a lack of financial and material resources(Expert consultation, 2019) VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Internal company regulations
2
Verify Last labour inspectorate visit report
3
Verify Document relating to the occupational health service
4
Verify document relating to the occupational health service
5
Verify Document relating to provision of personal protective equipment (PPE) to workers
6
Verify Declaration of occupational accidents and illnesses to the social security body and the effective handling thereof
7
Visit Harvesting site
8
Consult The regionally competent labour inspectorate
9
Consult Workers from different work stations
10
Consult Staff working for the company’s health service
Description of legal requirements
Workers have access to the required hygiene items.
VIEW MORE

The law on environmental protection (Law n°007/2014) stipulates that the exploitation of natural resources ensures the protection of human health (Art. 73).

Furthermore, establishments belonging to logging companies are explicitly declared as being subject to the provisions of the labour code on health and safety at work (Art. 197).

The employer is responsible for the application of the necessary prevention measures to ensure health and safety in the workplace (Art. 198). Internal regulations that include guidelines on health and safety at work must be established (Art. 110), alongside a programme to prevent risks in the workplace (Art. 198).

The employer is responsible for providing workers with the appropriate facilities and equipment for carrying out their work, in order to ensure appropriate protection against accidents at work and any damage to their health. The employer is also responsible for providing workers with individual and group protection resources, and ensuring the maintenance and renewal thereof (Art. 200).

All professional establishments must maintain the necessary levels of hygiene and cleanliness to ensure the health of all workers (Art. 211).

A fitness for work medical assessment is obligatory for all workers (Art. 207).

Workers must be trained on the risks that their respective jobs involve and the measures they need to take to prevent them, including the use of protection systems (Art. 201).

Except for in cases of force majeure, the employer is responsible for declaring all accidents at work and all occupational illnesses contracted within the company to the social security body within two working days. A copy of this declaration is forwarded to the labour inspectorate.

Finally, all companies and establishments must provide an occupational health service that can provide first aid and emergency care (Art. 221).

Legally required documents
Applicable legislation
VIEW LESS
1.11 Health and safety
Last updated on 2022-11-01 No personal protective equipment is provided (PPE). Accidents at work occur regularly at logging sites and timber processing units Specified RISK
Risk is made worse by insufficient checks carried out by the labour inspectorate services, notably due to activities being conducted in areas that are remote or difficult to access, and due to a lack of financial and material resources(Expert consultation, 2019)... VIEW MORERisk is made worse by insufficient checks carried out by the labour inspectorate services, notably due to activities being conducted in areas that are remote or difficult to access, and due to a lack of financial and material resources(Expert consultation, 2019) VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Internal company regulations
2
Verify Last labour inspectorate visit report
3
Verify Document relating to the occupational health service
4
Verify document relating to the occupational health service
5
Verify Document relating to provision of personal protective equipment (PPE) to workers
6
Verify Declaration of occupational accidents and illnesses to the social security body and the effective handling thereof
7
Visit Harvesting site
8
Consult The regionally competent labour inspectorate
9
Consult Workers from different work stations
10
Consult Staff working for the company’s health service
Description of legal requirements
Workers have personal protective equipment (PPE).
VIEW MORE

The law on environmental protection (Law n°007/2014) stipulates that the exploitation of natural resources ensures the protection of human health (Art. 73).

Furthermore, establishments belonging to logging companies are explicitly declared as being subject to the provisions of the labour code on health and safety at work (Art. 197).

The employer is responsible for the application of the necessary prevention measures to ensure health and safety in the workplace (Art. 198). Internal regulations that include guidelines on health and safety at work must be established (Art. 110), alongside a programme to prevent risks in the workplace (Art. 198).

The employer is responsible for providing workers with the appropriate facilities and equipment for carrying out their work, in order to ensure appropriate protection against accidents at work and any damage to their health. The employer is also responsible for providing workers with individual and group protection resources, and ensuring the maintenance and renewal thereof (Art. 200).

All professional establishments must maintain the necessary levels of hygiene and cleanliness to ensure the health of all workers (Art. 211).

A fitness for work medical assessment is obligatory for all workers (Art. 207).

Workers must be trained on the risks that their respective jobs involve and the measures they need to take to prevent them, including the use of protection systems (Art. 201).

Except for in cases of force majeure, the employer is responsible for declaring all accidents at work and all occupational illnesses contracted within the company to the social security body within two working days. A copy of this declaration is forwarded to the labour inspectorate.

Finally, all companies and establishments must provide an occupational health service that can provide first aid and emergency care (Art. 221).

Legally required documents
Applicable legislation
VIEW LESS
1.12 Legal employment
Last updated on 2022-11-01 Workers are not given an employment contract Specified RISK
Disputes between workers at logging sites and logging permit holders are frequent and fuelled by the trade unions. Complaints relating to non-compliance with the provisions of the Labour Code and the collective bargaining agreements are frequently logged with the labour inspectorates (Expert consultation, 2019).... VIEW MOREDisputes between workers at logging sites and logging permit holders are frequent and fuelled by the trade unions. Complaints relating to non-compliance with the provisions of the Labour Code and the collective bargaining agreements are frequently logged with the labour inspectorates (Expert consultation, 2019). VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Employment contracts
2
Verify Individual payslips
3
Verify Work permit for any foreign workers
4
Verify Approval for the extension of foreign workers’ employment contracts signed by the labour administration
5
Verify Proof of employees’ affiliation with a social security body
6
Verify Proof of quarterly contributions paid to the social security and health insurance bodies
7
Verify Minutes for the appointment of staff representatives
8
Verify Internal company regulations
9
Visit Harvesting site
10
Consult The regionally competent labour inspectorate
11
Consult Workers from different work stations
12
Consult Staff representatives
13
Consult any trade union members within the company
14
Consult Local representative from the social security body
Description of legal requirements
Workers have an employment contract.
VIEW MORE

The Labour Code contains the majority of all employment-related obligations in Gabon. Other modalities are stipulated for specific sectors in the applicable collective bargaining agreements.

Contract

The employment contract is the only document that justifies a professional relationship between an employee and their employer. It may be freely concluded either verbally or in writing (Art. 19). It may be concluded for a fixed term, on an open-ended basis or for the performance of a pre-determined project or task (Art. 22). It must be registered with the labour administration and the national social security fund before it takes effect.

Salary

In Gabon, there is a regulatory minimum wage (Article 2. Decree n° 855/PR/MTE), as well as set weekly working hours spread across different days of the week. Overtime may be authorised by the authorities upon a request submitted by the employer.

Salaries are stipulated in the applicable collective bargaining agreements (Art. 126 of the Labour Code).

When they pay their employees, employers must provide them with an individual payslip (Art. 153 of the Labour Code).

Workers

Forced or compulsory labour is prohibited. The term “forced or compulsory labour” means all work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily (Article 4 of the Labour Code).

The employment of children under the age of 16 is prohibited, unless an exemption is prescribed by way of a Decree (Article 177 of the Labour Code).

Before any foreign worker can be recruited, a work permit must be issued by the Ministry of Labour, as well as approval from the local offices of the Ministry of Labour (Article 104 of the Labour Code). Decree n°0162/PR/MTE of 7 March 2016 provides details on the conditions for issuing and renewing individual work permits of foreign workers.

All workers in the private sector must be covered by the national social security system (Article 13 of the Social Protection Code).

Other rights

The Labour Code lists the mandatory provisions of the collective bargaining agreements (Art. 126), which notably include provisions on paid leave, conditions for dismissal and severance pay, bonuses for length of service, free exercise of trade union rights, etc.

Workers may organise themselves into staff representative bodies and freely join trade unions (Article 14 of the Labour Code). All establishments with more than 10 employees must have a staff representative body.

Internal regulations

A set of internal regulations must be established by the company director. It must cover the rules on the technical organisation of work, discipline, requirements on health and safety at work, and the modalities for the payment of salaries (Article 110 of the Labour Code). Before the internal regulations are put into force, the company director must communicate them, for comment, to the permanent commission for economic and social concertation and the staff representative bodies, and, for approval, to the labour inspectorate, which may require any provisions that are contrary to the laws and regulations in force to be omitted or modified.

Legally required documents
Applicable legislation
VIEW LESS
1.12 Legal employment
Last updated on 2022-11-01 Workers without an employment contract are paid below the minimum wage Specified RISK
Disputes between workers at logging sites and logging permit holders are frequent and fuelled by the trade unions. Complaints relating to non-compliance with the provisions of the Labour Code and the collective bargaining agreements are frequently logged with the labour inspectorates (Expert consultation, 2019).... VIEW MOREDisputes between workers at logging sites and logging permit holders are frequent and fuelled by the trade unions. Complaints relating to non-compliance with the provisions of the Labour Code and the collective bargaining agreements are frequently logged with the labour inspectorates (Expert consultation, 2019). VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Employment contracts
2
Verify Individual payslips
3
Verify Work permit for any foreign workers
4
Verify Approval for the extension of foreign workers’ employment contracts signed by the labour administration
5
Verify Proof of employees’ affiliation with a social security body
6
Verify Proof of quarterly contributions paid to the social security and health insurance bodies
7
Verify Minutes for the appointment of staff representatives
8
Verify Internal company regulations
9
Visit Harvesting site
10
Consult The regionally competent labour inspectorate
11
Consult Workers from different work stations
12
Consult Staff representatives
13
Consult any trade union members within the company
14
Consult Local representative from the social security body
Description of legal requirements
Workers are paid at or above the minimum wage.
VIEW MORE

The Labour Code contains the majority of all employment-related obligations in Gabon. Other modalities are stipulated for specific sectors in the applicable collective bargaining agreements.

Contract

The employment contract is the only document that justifies a professional relationship between an employee and their employer. It may be freely concluded either verbally or in writing (Art. 19). It may be concluded for a fixed term, on an open-ended basis or for the performance of a pre-determined project or task (Art. 22). It must be registered with the labour administration and the national social security fund before it takes effect.

Salary

In Gabon, there is a regulatory minimum wage (Article 2. Decree n° 855/PR/MTE), as well as set weekly working hours spread across different days of the week. Overtime may be authorised by the authorities upon a request submitted by the employer.

Salaries are stipulated in the applicable collective bargaining agreements (Art. 126 of the Labour Code).

When they pay their employees, employers must provide them with an individual payslip (Art. 153 of the Labour Code).

Workers

Forced or compulsory labour is prohibited. The term “forced or compulsory labour” means all work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily (Article 4 of the Labour Code).

The employment of children under the age of 16 is prohibited, unless an exemption is prescribed by way of a Decree (Article 177 of the Labour Code).

Before any foreign worker can be recruited, a work permit must be issued by the Ministry of Labour, as well as approval from the local offices of the Ministry of Labour (Article 104 of the Labour Code). Decree n°0162/PR/MTE of 7 March 2016 provides details on the conditions for issuing and renewing individual work permits of foreign workers.

All workers in the private sector must be covered by the national social security system (Article 13 of the Social Protection Code).

Other rights

The Labour Code lists the mandatory provisions of the collective bargaining agreements (Art. 126), which notably include provisions on paid leave, conditions for dismissal and severance pay, bonuses for length of service, free exercise of trade union rights, etc.

Workers may organise themselves into staff representative bodies and freely join trade unions (Article 14 of the Labour Code). All establishments with more than 10 employees must have a staff representative body.

Internal regulations

A set of internal regulations must be established by the company director. It must cover the rules on the technical organisation of work, discipline, requirements on health and safety at work, and the modalities for the payment of salaries (Article 110 of the Labour Code). Before the internal regulations are put into force, the company director must communicate them, for comment, to the permanent commission for economic and social concertation and the staff representative bodies, and, for approval, to the labour inspectorate, which may require any provisions that are contrary to the laws and regulations in force to be omitted or modified.

Legally required documents
Applicable legislation
VIEW LESS
1.12 Legal employment
Last updated on 2022-11-01 Workers do not receive an individual payslip Specified RISK
Disputes between workers at logging sites and logging permit holders are frequent and fuelled by the trade unions. Complaints relating to non-compliance with the provisions of the Labour Code and the collective bargaining agreements are frequently logged with the labour inspectorates (Expert consultation, 2019).... VIEW MOREDisputes between workers at logging sites and logging permit holders are frequent and fuelled by the trade unions. Complaints relating to non-compliance with the provisions of the Labour Code and the collective bargaining agreements are frequently logged with the labour inspectorates (Expert consultation, 2019). VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Employment contracts
2
Verify Individual payslips
3
Verify Work permit for any foreign workers
4
Verify Approval for the extension of foreign workers’ employment contracts signed by the labour administration
5
Verify Proof of employees’ affiliation with a social security body
6
Verify Proof of quarterly contributions paid to the social security and health insurance bodies
7
Verify Minutes for the appointment of staff representatives
8
Verify Internal company regulations
9
Visit Harvesting site
10
Consult The regionally competent labour inspectorate
11
Consult Workers from different work stations
12
Consult Staff representatives
13
Consult any trade union members within the company
14
Consult Local representative from the social security body
Description of legal requirements
Workers receive an individual payslip.
VIEW MORE

The Labour Code contains the majority of all employment-related obligations in Gabon. Other modalities are stipulated for specific sectors in the applicable collective bargaining agreements.

Contract

The employment contract is the only document that justifies a professional relationship between an employee and their employer. It may be freely concluded either verbally or in writing (Art. 19). It may be concluded for a fixed term, on an open-ended basis or for the performance of a pre-determined project or task (Art. 22). It must be registered with the labour administration and the national social security fund before it takes effect.

Salary

In Gabon, there is a regulatory minimum wage (Article 2. Decree n° 855/PR/MTE), as well as set weekly working hours spread across different days of the week. Overtime may be authorised by the authorities upon a request submitted by the employer.

Salaries are stipulated in the applicable collective bargaining agreements (Art. 126 of the Labour Code).

When they pay their employees, employers must provide them with an individual payslip (Art. 153 of the Labour Code).

Workers

Forced or compulsory labour is prohibited. The term “forced or compulsory labour” means all work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily (Article 4 of the Labour Code).

The employment of children under the age of 16 is prohibited, unless an exemption is prescribed by way of a Decree (Article 177 of the Labour Code).

Before any foreign worker can be recruited, a work permit must be issued by the Ministry of Labour, as well as approval from the local offices of the Ministry of Labour (Article 104 of the Labour Code). Decree n°0162/PR/MTE of 7 March 2016 provides details on the conditions for issuing and renewing individual work permits of foreign workers.

All workers in the private sector must be covered by the national social security system (Article 13 of the Social Protection Code).

Other rights

The Labour Code lists the mandatory provisions of the collective bargaining agreements (Art. 126), which notably include provisions on paid leave, conditions for dismissal and severance pay, bonuses for length of service, free exercise of trade union rights, etc.

Workers may organise themselves into staff representative bodies and freely join trade unions (Article 14 of the Labour Code). All establishments with more than 10 employees must have a staff representative body.

Internal regulations

A set of internal regulations must be established by the company director. It must cover the rules on the technical organisation of work, discipline, requirements on health and safety at work, and the modalities for the payment of salaries (Article 110 of the Labour Code). Before the internal regulations are put into force, the company director must communicate them, for comment, to the permanent commission for economic and social concertation and the staff representative bodies, and, for approval, to the labour inspectorate, which may require any provisions that are contrary to the laws and regulations in force to be omitted or modified.

Legally required documents
Applicable legislation
VIEW LESS
1.12 Legal employment
Last updated on 2022-11-01 Workers’ remuneration does not respect the requirements of the collective bargaining agreement Specified RISK
Disputes between workers at logging sites and logging permit holders are frequent and fuelled by the trade unions. Complaints relating to non-compliance with the provisions of the Labour Code and the collective bargaining agreements are frequently logged with the labour inspectorates (Expert consultation, 2019).... VIEW MOREDisputes between workers at logging sites and logging permit holders are frequent and fuelled by the trade unions. Complaints relating to non-compliance with the provisions of the Labour Code and the collective bargaining agreements are frequently logged with the labour inspectorates (Expert consultation, 2019). VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Employment contracts
2
Verify Individual payslips
3
Verify Work permit for any foreign workers
4
Verify Approval for the extension of foreign workers’ employment contracts signed by the labour administration
5
Verify Proof of employees’ affiliation with a social security body
6
Verify Proof of quarterly contributions paid to the social security and health insurance bodies
7
Verify Minutes for the appointment of staff representatives
8
Verify Internal company regulations
9
Visit Harvesting site
10
Consult The regionally competent labour inspectorate
11
Consult Workers from different work stations
12
Consult Staff representatives
13
Consult any trade union members within the company
14
Consult Local representative from the social security body
Description of legal requirements
The remuneration of the workers respects the requirements of the Collective Agreement.
VIEW MORE

The Labour Code contains the majority of all employment-related obligations in Gabon. Other modalities are stipulated for specific sectors in the applicable collective bargaining agreements.

Contract

The employment contract is the only document that justifies a professional relationship between an employee and their employer. It may be freely concluded either verbally or in writing (Art. 19). It may be concluded for a fixed term, on an open-ended basis or for the performance of a pre-determined project or task (Art. 22). It must be registered with the labour administration and the national social security fund before it takes effect.

Salary

In Gabon, there is a regulatory minimum wage (Article 2. Decree n° 855/PR/MTE), as well as set weekly working hours spread across different days of the week. Overtime may be authorised by the authorities upon a request submitted by the employer.

Salaries are stipulated in the applicable collective bargaining agreements (Art. 126 of the Labour Code).

When they pay their employees, employers must provide them with an individual payslip (Art. 153 of the Labour Code).

Workers

Forced or compulsory labour is prohibited. The term “forced or compulsory labour” means all work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily (Article 4 of the Labour Code).

The employment of children under the age of 16 is prohibited, unless an exemption is prescribed by way of a Decree (Article 177 of the Labour Code).

Before any foreign worker can be recruited, a work permit must be issued by the Ministry of Labour, as well as approval from the local offices of the Ministry of Labour (Article 104 of the Labour Code). Decree n°0162/PR/MTE of 7 March 2016 provides details on the conditions for issuing and renewing individual work permits of foreign workers.

All workers in the private sector must be covered by the national social security system (Article 13 of the Social Protection Code).

Other rights

The Labour Code lists the mandatory provisions of the collective bargaining agreements (Art. 126), which notably include provisions on paid leave, conditions for dismissal and severance pay, bonuses for length of service, free exercise of trade union rights, etc.

Workers may organise themselves into staff representative bodies and freely join trade unions (Article 14 of the Labour Code). All establishments with more than 10 employees must have a staff representative body.

Internal regulations

A set of internal regulations must be established by the company director. It must cover the rules on the technical organisation of work, discipline, requirements on health and safety at work, and the modalities for the payment of salaries (Article 110 of the Labour Code). Before the internal regulations are put into force, the company director must communicate them, for comment, to the permanent commission for economic and social concertation and the staff representative bodies, and, for approval, to the labour inspectorate, which may require any provisions that are contrary to the laws and regulations in force to be omitted or modified.

Legally required documents
Applicable legislation
VIEW LESS
1.12 Legal employment
Last updated on 2022-11-01 Companies do not pay their social security contributions for their workers Specified RISK
Disputes between workers at logging sites and logging permit holders are frequent and fuelled by the trade unions. Complaints relating to non-compliance with the provisions of the Labour Code and the collective bargaining agreements are frequently logged with the labour inspectorates (Expert consultation, 2019).... VIEW MOREDisputes between workers at logging sites and logging permit holders are frequent and fuelled by the trade unions. Complaints relating to non-compliance with the provisions of the Labour Code and the collective bargaining agreements are frequently logged with the labour inspectorates (Expert consultation, 2019). VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Employment contracts
2
Verify Individual payslips
3
Verify Work permit for any foreign workers
4
Verify Approval for the extension of foreign workers’ employment contracts signed by the labour administration
5
Verify Proof of employees’ affiliation with a social security body
6
Verify Proof of quarterly contributions paid to the social security and health insurance bodies
7
Verify Minutes for the appointment of staff representatives
8
Verify Internal company regulations
9
Visit Harvesting site
10
Consult The regionally competent labour inspectorate
11
Consult Workers from different work stations
12
Consult Staff representatives
13
Consult any trade union members within the company
14
Consult Local representative from the social security body
Description of legal requirements
The company pays social security contributions for its workers.
VIEW MORE

The Labour Code contains the majority of all employment-related obligations in Gabon. Other modalities are stipulated for specific sectors in the applicable collective bargaining agreements.

Contract

The employment contract is the only document that justifies a professional relationship between an employee and their employer. It may be freely concluded either verbally or in writing (Art. 19). It may be concluded for a fixed term, on an open-ended basis or for the performance of a pre-determined project or task (Art. 22). It must be registered with the labour administration and the national social security fund before it takes effect.

Salary

In Gabon, there is a regulatory minimum wage (Article 2. Decree n° 855/PR/MTE), as well as set weekly working hours spread across different days of the week. Overtime may be authorised by the authorities upon a request submitted by the employer.

Salaries are stipulated in the applicable collective bargaining agreements (Art. 126 of the Labour Code).

When they pay their employees, employers must provide them with an individual payslip (Art. 153 of the Labour Code).

Workers

Forced or compulsory labour is prohibited. The term “forced or compulsory labour” means all work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily (Article 4 of the Labour Code).

The employment of children under the age of 16 is prohibited, unless an exemption is prescribed by way of a Decree (Article 177 of the Labour Code).

Before any foreign worker can be recruited, a work permit must be issued by the Ministry of Labour, as well as approval from the local offices of the Ministry of Labour (Article 104 of the Labour Code). Decree n°0162/PR/MTE of 7 March 2016 provides details on the conditions for issuing and renewing individual work permits of foreign workers.

All workers in the private sector must be covered by the national social security system (Article 13 of the Social Protection Code).

Other rights

The Labour Code lists the mandatory provisions of the collective bargaining agreements (Art. 126), which notably include provisions on paid leave, conditions for dismissal and severance pay, bonuses for length of service, free exercise of trade union rights, etc.

Workers may organise themselves into staff representative bodies and freely join trade unions (Article 14 of the Labour Code). All establishments with more than 10 employees must have a staff representative body.

Internal regulations

A set of internal regulations must be established by the company director. It must cover the rules on the technical organisation of work, discipline, requirements on health and safety at work, and the modalities for the payment of salaries (Article 110 of the Labour Code). Before the internal regulations are put into force, the company director must communicate them, for comment, to the permanent commission for economic and social concertation and the staff representative bodies, and, for approval, to the labour inspectorate, which may require any provisions that are contrary to the laws and regulations in force to be omitted or modified.

Legally required documents
Applicable legislation
VIEW LESS
1.12 Legal employment
Last updated on 2022-11-01 Companies do not have a staff representative body Specified RISK
Disputes between workers at logging sites and logging permit holders are frequent and fuelled by the trade unions. Complaints relating to non-compliance with the provisions of the Labour Code and the collective bargaining agreements are frequently logged with the labour inspectorates (Expert consultation, 2019).... VIEW MOREDisputes between workers at logging sites and logging permit holders are frequent and fuelled by the trade unions. Complaints relating to non-compliance with the provisions of the Labour Code and the collective bargaining agreements are frequently logged with the labour inspectorates (Expert consultation, 2019). VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Employment contracts
2
Verify Individual payslips
3
Verify Work permit for any foreign workers
4
Verify Approval for the extension of foreign workers’ employment contracts signed by the labour administration
5
Verify Proof of employees’ affiliation with a social security body
6
Verify Proof of quarterly contributions paid to the social security and health insurance bodies
7
Verify Minutes for the appointment of staff representatives
8
Verify Internal company regulations
9
Visit Harvesting site
10
Consult The regionally competent labour inspectorate
11
Consult Workers from different work stations
12
Consult Staff representatives
13
Consult any trade union members within the company
14
Consult Local representative from the social security body
Description of legal requirements
The company has one or more staff representatives.
VIEW MORE

The Labour Code contains the majority of all employment-related obligations in Gabon. Other modalities are stipulated for specific sectors in the applicable collective bargaining agreements.

Contract

The employment contract is the only document that justifies a professional relationship between an employee and their employer. It may be freely concluded either verbally or in writing (Art. 19). It may be concluded for a fixed term, on an open-ended basis or for the performance of a pre-determined project or task (Art. 22). It must be registered with the labour administration and the national social security fund before it takes effect.

Salary

In Gabon, there is a regulatory minimum wage (Article 2. Decree n° 855/PR/MTE), as well as set weekly working hours spread across different days of the week. Overtime may be authorised by the authorities upon a request submitted by the employer.

Salaries are stipulated in the applicable collective bargaining agreements (Art. 126 of the Labour Code).

When they pay their employees, employers must provide them with an individual payslip (Art. 153 of the Labour Code).

Workers

Forced or compulsory labour is prohibited. The term “forced or compulsory labour” means all work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily (Article 4 of the Labour Code).

The employment of children under the age of 16 is prohibited, unless an exemption is prescribed by way of a Decree (Article 177 of the Labour Code).

Before any foreign worker can be recruited, a work permit must be issued by the Ministry of Labour, as well as approval from the local offices of the Ministry of Labour (Article 104 of the Labour Code). Decree n°0162/PR/MTE of 7 March 2016 provides details on the conditions for issuing and renewing individual work permits of foreign workers.

All workers in the private sector must be covered by the national social security system (Article 13 of the Social Protection Code).

Other rights

The Labour Code lists the mandatory provisions of the collective bargaining agreements (Art. 126), which notably include provisions on paid leave, conditions for dismissal and severance pay, bonuses for length of service, free exercise of trade union rights, etc.

Workers may organise themselves into staff representative bodies and freely join trade unions (Article 14 of the Labour Code). All establishments with more than 10 employees must have a staff representative body.

Internal regulations

A set of internal regulations must be established by the company director. It must cover the rules on the technical organisation of work, discipline, requirements on health and safety at work, and the modalities for the payment of salaries (Article 110 of the Labour Code). Before the internal regulations are put into force, the company director must communicate them, for comment, to the permanent commission for economic and social concertation and the staff representative bodies, and, for approval, to the labour inspectorate, which may require any provisions that are contrary to the laws and regulations in force to be omitted or modified.

Legally required documents
Applicable legislation
VIEW LESS
1.12 Legal employment
Last updated on 2022-11-01 Workers are not given a weekly rest day Specified RISK
Disputes between workers at logging sites and logging permit holders are frequent and fuelled by the trade unions. Complaints relating to non-compliance with the provisions of the Labour Code and the collective bargaining agreements are frequently logged with the labour inspectorates (Expert consultation, 2019).... VIEW MOREDisputes between workers at logging sites and logging permit holders are frequent and fuelled by the trade unions. Complaints relating to non-compliance with the provisions of the Labour Code and the collective bargaining agreements are frequently logged with the labour inspectorates (Expert consultation, 2019). VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Employment contracts
2
Verify Individual payslips
3
Verify Work permit for any foreign workers
4
Verify Approval for the extension of foreign workers’ employment contracts signed by the labour administration
5
Verify Proof of employees’ affiliation with a social security body
6
Verify Proof of quarterly contributions paid to the social security and health insurance bodies
7
Verify Minutes for the appointment of staff representatives
8
Verify Internal company regulations
9
Visit Harvesting site
10
Consult The regionally competent labour inspectorate
11
Consult Workers from different work stations
12
Consult Staff representatives
13
Consult any trade union members within the company
14
Consult Local representative from the social security body
Description of legal requirements
Workers are given rest days.
VIEW MORE

The Labour Code contains the majority of all employment-related obligations in Gabon. Other modalities are stipulated for specific sectors in the applicable collective bargaining agreements.

Contract

The employment contract is the only document that justifies a professional relationship between an employee and their employer. It may be freely concluded either verbally or in writing (Art. 19). It may be concluded for a fixed term, on an open-ended basis or for the performance of a pre-determined project or task (Art. 22). It must be registered with the labour administration and the national social security fund before it takes effect.

Salary

In Gabon, there is a regulatory minimum wage (Article 2. Decree n° 855/PR/MTE), as well as set weekly working hours spread across different days of the week. Overtime may be authorised by the authorities upon a request submitted by the employer.

Salaries are stipulated in the applicable collective bargaining agreements (Art. 126 of the Labour Code).

When they pay their employees, employers must provide them with an individual payslip (Art. 153 of the Labour Code).

Workers

Forced or compulsory labour is prohibited. The term “forced or compulsory labour” means all work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily (Article 4 of the Labour Code).

The employment of children under the age of 16 is prohibited, unless an exemption is prescribed by way of a Decree (Article 177 of the Labour Code).

Before any foreign worker can be recruited, a work permit must be issued by the Ministry of Labour, as well as approval from the local offices of the Ministry of Labour (Article 104 of the Labour Code). Decree n°0162/PR/MTE of 7 March 2016 provides details on the conditions for issuing and renewing individual work permits of foreign workers.

All workers in the private sector must be covered by the national social security system (Article 13 of the Social Protection Code).

Other rights

The Labour Code lists the mandatory provisions of the collective bargaining agreements (Art. 126), which notably include provisions on paid leave, conditions for dismissal and severance pay, bonuses for length of service, free exercise of trade union rights, etc.

Workers may organise themselves into staff representative bodies and freely join trade unions (Article 14 of the Labour Code). All establishments with more than 10 employees must have a staff representative body.

Internal regulations

A set of internal regulations must be established by the company director. It must cover the rules on the technical organisation of work, discipline, requirements on health and safety at work, and the modalities for the payment of salaries (Article 110 of the Labour Code). Before the internal regulations are put into force, the company director must communicate them, for comment, to the permanent commission for economic and social concertation and the staff representative bodies, and, for approval, to the labour inspectorate, which may require any provisions that are contrary to the laws and regulations in force to be omitted or modified.

Legally required documents
Applicable legislation
VIEW LESS
1.12 Legal employment
Last updated on 2022-11-01 Workers are not given annual leave Specified RISK
Disputes between workers at logging sites and logging permit holders are frequent and fuelled by the trade unions. Complaints relating to non-compliance with the provisions of the Labour Code and the collective bargaining agreements are frequently logged with the labour inspectorates (Expert consultation, 2019).... VIEW MOREDisputes between workers at logging sites and logging permit holders are frequent and fuelled by the trade unions. Complaints relating to non-compliance with the provisions of the Labour Code and the collective bargaining agreements are frequently logged with the labour inspectorates (Expert consultation, 2019). VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Employment contracts
2
Verify Individual payslips
3
Verify Work permit for any foreign workers
4
Verify Approval for the extension of foreign workers’ employment contracts signed by the labour administration
5
Verify Proof of employees’ affiliation with a social security body
6
Verify Proof of quarterly contributions paid to the social security and health insurance bodies
7
Verify Minutes for the appointment of staff representatives
8
Verify Internal company regulations
9
Visit Harvesting site
10
Consult The regionally competent labour inspectorate
11
Consult Workers from different work stations
12
Consult Staff representatives
13
Consult any trade union members within the company
14
Consult Local representative from the social security body
Description of legal requirements
Workers are entitled to annual leave.
VIEW MORE

The Labour Code contains the majority of all employment-related obligations in Gabon. Other modalities are stipulated for specific sectors in the applicable collective bargaining agreements.

Contract

The employment contract is the only document that justifies a professional relationship between an employee and their employer. It may be freely concluded either verbally or in writing (Art. 19). It may be concluded for a fixed term, on an open-ended basis or for the performance of a pre-determined project or task (Art. 22). It must be registered with the labour administration and the national social security fund before it takes effect.

Salary

In Gabon, there is a regulatory minimum wage (Article 2. Decree n° 855/PR/MTE), as well as set weekly working hours spread across different days of the week. Overtime may be authorised by the authorities upon a request submitted by the employer.

Salaries are stipulated in the applicable collective bargaining agreements (Art. 126 of the Labour Code).

When they pay their employees, employers must provide them with an individual payslip (Art. 153 of the Labour Code).

Workers

Forced or compulsory labour is prohibited. The term “forced or compulsory labour” means all work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily (Article 4 of the Labour Code).

The employment of children under the age of 16 is prohibited, unless an exemption is prescribed by way of a Decree (Article 177 of the Labour Code).

Before any foreign worker can be recruited, a work permit must be issued by the Ministry of Labour, as well as approval from the local offices of the Ministry of Labour (Article 104 of the Labour Code). Decree n°0162/PR/MTE of 7 March 2016 provides details on the conditions for issuing and renewing individual work permits of foreign workers.

All workers in the private sector must be covered by the national social security system (Article 13 of the Social Protection Code).

Other rights

The Labour Code lists the mandatory provisions of the collective bargaining agreements (Art. 126), which notably include provisions on paid leave, conditions for dismissal and severance pay, bonuses for length of service, free exercise of trade union rights, etc.

Workers may organise themselves into staff representative bodies and freely join trade unions (Article 14 of the Labour Code). All establishments with more than 10 employees must have a staff representative body.

Internal regulations

A set of internal regulations must be established by the company director. It must cover the rules on the technical organisation of work, discipline, requirements on health and safety at work, and the modalities for the payment of salaries (Article 110 of the Labour Code). Before the internal regulations are put into force, the company director must communicate them, for comment, to the permanent commission for economic and social concertation and the staff representative bodies, and, for approval, to the labour inspectorate, which may require any provisions that are contrary to the laws and regulations in force to be omitted or modified.

Legally required documents
Applicable legislation
VIEW LESS
1.12 Legal employment
Last updated on 2022-11-01 Companies have no internal regulations Specified RISK
Disputes between workers at logging sites and logging permit holders are frequent and fuelled by the trade unions. Complaints relating to non-compliance with the provisions of the Labour Code and the collective bargaining agreements are frequently logged with the labour inspectorates (Expert consultation, 2019).... VIEW MOREDisputes between workers at logging sites and logging permit holders are frequent and fuelled by the trade unions. Complaints relating to non-compliance with the provisions of the Labour Code and the collective bargaining agreements are frequently logged with the labour inspectorates (Expert consultation, 2019). VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify Employment contracts
2
Verify Individual payslips
3
Verify Work permit for any foreign workers
4
Verify Approval for the extension of foreign workers’ employment contracts signed by the labour administration
5
Verify Proof of employees’ affiliation with a social security body
6
Verify Proof of quarterly contributions paid to the social security and health insurance bodies
7
Verify Minutes for the appointment of staff representatives
8
Verify Internal company regulations
9
Visit Harvesting site
10
Consult The regionally competent labour inspectorate
11
Consult Workers from different work stations
12
Consult Staff representatives
13
Consult any trade union members within the company
14
Consult Local representative from the social security body
Description of legal requirements
The company has internal regulations.
VIEW MORE

The Labour Code contains the majority of all employment-related obligations in Gabon. Other modalities are stipulated for specific sectors in the applicable collective bargaining agreements.

Contract

The employment contract is the only document that justifies a professional relationship between an employee and their employer. It may be freely concluded either verbally or in writing (Art. 19). It may be concluded for a fixed term, on an open-ended basis or for the performance of a pre-determined project or task (Art. 22). It must be registered with the labour administration and the national social security fund before it takes effect.

Salary

In Gabon, there is a regulatory minimum wage (Article 2. Decree n° 855/PR/MTE), as well as set weekly working hours spread across different days of the week. Overtime may be authorised by the authorities upon a request submitted by the employer.

Salaries are stipulated in the applicable collective bargaining agreements (Art. 126 of the Labour Code).

When they pay their employees, employers must provide them with an individual payslip (Art. 153 of the Labour Code).

Workers

Forced or compulsory labour is prohibited. The term “forced or compulsory labour” means all work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily (Article 4 of the Labour Code).

The employment of children under the age of 16 is prohibited, unless an exemption is prescribed by way of a Decree (Article 177 of the Labour Code).

Before any foreign worker can be recruited, a work permit must be issued by the Ministry of Labour, as well as approval from the local offices of the Ministry of Labour (Article 104 of the Labour Code). Decree n°0162/PR/MTE of 7 March 2016 provides details on the conditions for issuing and renewing individual work permits of foreign workers.

All workers in the private sector must be covered by the national social security system (Article 13 of the Social Protection Code).

Other rights

The Labour Code lists the mandatory provisions of the collective bargaining agreements (Art. 126), which notably include provisions on paid leave, conditions for dismissal and severance pay, bonuses for length of service, free exercise of trade union rights, etc.

Workers may organise themselves into staff representative bodies and freely join trade unions (Article 14 of the Labour Code). All establishments with more than 10 employees must have a staff representative body.

Internal regulations

A set of internal regulations must be established by the company director. It must cover the rules on the technical organisation of work, discipline, requirements on health and safety at work, and the modalities for the payment of salaries (Article 110 of the Labour Code). Before the internal regulations are put into force, the company director must communicate them, for comment, to the permanent commission for economic and social concertation and the staff representative bodies, and, for approval, to the labour inspectorate, which may require any provisions that are contrary to the laws and regulations in force to be omitted or modified.

Legally required documents
Applicable legislation
VIEW LESS
1.13 Customary rights
Last updated on 2022-11-01 Calls for tender for CPAETs are not publicly circulated Specified RISK
Although this does not constitute a specified risk of illegality, it is important to note that the ClientEarth report identifies significant weaknesses in the current community forest system, including (1) a legal uncertainty regarding the space in which community forests can be created, (2) terminological inconsistencies regarding the recipients of community forests, notably questioning the inclusion of aboriginal populations, and (3) a lengthy ... VIEW MOREAlthough this does not constitute a specified risk of illegality, it is important to note that the ClientEarth report identifies significant weaknesses in the current community forest system, including (1) a legal uncertainty regarding the space in which community forests can be created, (2) terminological inconsistencies regarding the recipients of community forests, notably questioning the inclusion of aboriginal populations, and (3) a lengthy and complex procedure for the allocation of community forests, making access to community forestry difficult (ClientEarth (not dated)). VIEW LESS
The risk applies to the following source types
  • Forest concessions (CPAET/CFAD)
Risk mitigation options
Stakeholder consultation
1
Consult Stakeholders (NGOs, central and decentralised administrations, local communities)
Description of legal requirements
The invitation to tender is published publicly.
VIEW MORE

State-owned productive forests are initially subject to a classification procedure. This procedure, as laid down by the regulations, stipulates that representatives of the surrounding local communities must be involved in the classification phase, carried out by the administration (acknowledgement of the perimeter, uses, activities and practices within the perimeter) (Art. 3 of Decree n°1032). The classification draft report is published for one month, during which time any objections may be formulated in writing (Art. 5 and 6 of Decree n°1032). The classification committee must include the heads of the cantons concerned, and the heads and any other persons of note of the villages concerned (Art. 7 of Decree n°1032).

The local communities are less involved during the forest concession allocation procedure for concessions located within state forests. The tender procedure is public (Art. 3 of Order n°00640-08/MEFEPA). An independent monitor may be appointed to monitor the work of the Selection Committee (Art. 42 n°00640-08/MEFEPA).

Legally required documents
Applicable legislation
VIEW LESS
1.13 Customary rights
Last updated on 2022-11-01 No socio-economic diagnosis with community consultation is carried out during the management plan development phase Specified RISK
Although this does not constitute a specified risk of illegality, it is important to note that the ClientEarth report identifies significant weaknesses in the current community forest system, including (1) a legal uncertainty regarding the space in which community forests can be created, (2) terminological inconsistencies regarding the recipients of community forests, notably questioning the inclusion of aboriginal populations, and (3) a lengthy ... VIEW MOREAlthough this does not constitute a specified risk of illegality, it is important to note that the ClientEarth report identifies significant weaknesses in the current community forest system, including (1) a legal uncertainty regarding the space in which community forests can be created, (2) terminological inconsistencies regarding the recipients of community forests, notably questioning the inclusion of aboriginal populations, and (3) a lengthy and complex procedure for the allocation of community forests, making access to community forestry difficult (ClientEarth (not dated)). VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Forest concessions (CPAET/CFAD)
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Report of the socio-economic study
2
Consult Stakeholders (NGOs, central and decentralised administrations, local communities)
Description of legal requirements
The socio-economic diagnosis is carried out during the development of the development plan.
VIEW MORE

Consulting populations on the allocation of concessions (CFAD)

State-owned productive forests are initially subject to a classification procedure. This procedure, as laid down by the regulations, stipulates that representatives of the surrounding local communities must be involved in the classification phase, carried out by the administration (acknowledgement of the perimeter, uses, activities and practices within the perimeter) (Art. 3 of Decree n°1032). The classification draft report is published for one month, during which time any objections may be formulated in writing (Art. 5 and 6 of Decree n°1032). The classification committee must include the heads of the cantons concerned, and the heads and any other persons of note of the villages concerned (Art. 7 of Decree n°1032).

The local communities are less involved during the forest concession allocation procedure for concessions located within state forests. The tender procedure is public (Art. 3 of Order n°00640-08/MEFEPA). An independent monitor may be appointed to monitor the work of the Selection Committee (Art. 42 n°00640-08/MEFEPA).

During the management plan development phase, the local communities are consulted for the purpose of the socio-economic diagnosis, which reveals the areas and resources traditionally used by them.

Finally, the 2004 national technical guide on forest management stipulates that concessionaires must inform the local administrative or traditional authorities before undertaking the activities relating to management and logging. They must notably identify and protect the resources used by these populations (fields, fruit trees, sacred areas and areas of special value). They must also repair any infrastructure (bridges, culverts, tracks) damaged by the passage of the logging trucks.

User rights

The Forest Code governs the exercise of customary user rights as rights whose purpose is the satisfaction of the personal or collective needs of local communities. These notably cover the use of trees as construction wood and the use of dead wood or branches as fire wood, the collection of secondary forest products (bark, latex, mushrooms, medicinal or edible plants, stones, lianas), the performance of small-scale hunting and fishing, pastureland, subsistence agriculture, grazing rights and the use of water (Forest Code, chapter 6).

The exercise of customary user rights is unrestricted and free of charge within the rural forest domain for members of the local communities traditionally living near this domain and subject to compliance with restrictive regulations for the purpose of management or protection.

The exercise of customary user rights is, however, regulated in classified state forests and registered productive forests, subject to the specific authorisations provided for by the classification texts (with the exception of the collection of dead wood lying on the ground (Article 5 of Decree n°692/PR/MEFEPEPN).

In registered productive forests subject to management, the management plan is founded on maintaining the local communities and their customary user rights within the forest management unit or its surroundings (Article 31 Decree n°689/PR/MEFEPEPN). The preparatory socio-economic study addresses the rural communities concerned and provides an opportunity to identify any customary user rights, any sites of socio-cultural interest to the local populations and potential situations of conflict. If applicable, an agro-forestry series for use by the populations may be defined, alongside an involvement programme, on a negotiated basis (Article 31 of Decree n°689/PR/MEFEPEPN). The exercise of customary user rights is based on the allocation of land, as provided for by the management plan (Article 6 Decree n°692/PR/MEFEPEPN).

Finally, the sale of any forest products extracted in exercise of such user rights must also be in compliance with the trade regulations.

Right to economic development (for CFADs)

Community rights in Gabon include rights to the financial income generated by the harvesting of forest resources under concessions (CFAD). In order to promote the social aspect of the country’s policy on sustainable management, concession holders are required to make a contribution. This contribution is primarily financial and aims to support development initiatives of a collective interest initiated by these communities. The nature and level of this contribution are defined by the contractual specifications associated with each concession (Art. 251 of Law n°16-2000 on the Forest Code). These contractual specifications must be concluded between the company and the communities.

Order n°105/MFEPRN/SG/DGF/DDF/SACF establishes a template for these contractual specifications, which must be signed by the community and the concessionaire. Article 4 of this template is entitled “social and economic obligations” and stipulates that the concessionaire shall undertake to finance the project(s) of collective interest identified by the local communities concerned through a fund called the “local development fund” (FDL). For the forest concessionaire, the amount of this financial contribution is determined on the basis of the volume of wood cut the previous year, confirmed by the representative of the forestry administration. Payment of the funds into the FDL - linked with the company’s bank account - must be made after the site logbooks have been validated by the administration.

Legally required documents
Applicable legislation
VIEW LESS
1.13 Customary rights
Last updated on 2022-11-01 The forest title is exploited without a community information meeting having been held Specified RISK
Although this does not constitute a specified risk of illegality, it is important to note that the ClientEarth report identifies significant weaknesses in the current community forest system, including (1) a legal uncertainty regarding the space in which community forests can be created, (2) terminological inconsistencies regarding the recipients of community forests, notably questioning the inclusion of aboriginal populations, and (3) a lengthy ... VIEW MOREAlthough this does not constitute a specified risk of illegality, it is important to note that the ClientEarth report identifies significant weaknesses in the current community forest system, including (1) a legal uncertainty regarding the space in which community forests can be created, (2) terminological inconsistencies regarding the recipients of community forests, notably questioning the inclusion of aboriginal populations, and (3) a lengthy and complex procedure for the allocation of community forests, making access to community forestry difficult (ClientEarth (not dated)). VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Forest concessions (CPAET/CFAD)
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Minutes from the community information meetings held prior to the logging operations
2
Consult Stakeholders (NGOs, central and decentralised administrations, local communities)
3
Verify Forest management plan
Description of legal requirements
The community information meeting is organized before the exploitation of the forest title.
VIEW MORE

Consulting populations on the allocation of concessions (CFAD)

State-owned productive forests are initially subject to a classification procedure. This procedure, as laid down by the regulations, stipulates that representatives of the surrounding local communities must be involved in the classification phase, carried out by the administration (acknowledgement of the perimeter, uses, activities and practices within the perimeter) (Art. 3 of Decree n°1032). The classification draft report is published for one month, during which time any objections may be formulated in writing (Art. 5 and 6 of Decree n°1032). The classification committee must include the heads of the cantons concerned, and the heads and any other persons of note of the villages concerned (Art. 7 of Decree n°1032).

The local communities are less involved during the forest concession allocation procedure for concessions located within state forests. The tender procedure is public (Art. 3 of Order n°00640-08/MEFEPA). An independent monitor may be appointed to monitor the work of the Selection Committee (Art. 42 n°00640-08/MEFEPA).

During the management plan development phase, the local communities are consulted for the purpose of the socio-economic diagnosis, which reveals the areas and resources traditionally used by them.

Finally, the 2004 national technical guide on forest management stipulates that concessionaires must inform the local administrative or traditional authorities before undertaking the activities relating to management and logging. They must notably identify and protect the resources used by these populations (fields, fruit trees, sacred areas and areas of special value). They must also repair any infrastructure (bridges, culverts, tracks) damaged by the passage of the logging trucks.

User rights

The Forest Code governs the exercise of customary user rights as rights whose purpose is the satisfaction of the personal or collective needs of local communities. These notably cover the use of trees as construction wood and the use of dead wood or branches as fire wood, the collection of secondary forest products (bark, latex, mushrooms, medicinal or edible plants, stones, lianas), the performance of small-scale hunting and fishing, pastureland, subsistence agriculture, grazing rights and the use of water (Forest Code, chapter 6).

The exercise of customary user rights is unrestricted and free of charge within the rural forest domain for members of the local communities traditionally living near this domain and subject to compliance with restrictive regulations for the purpose of management or protection.

The exercise of customary user rights is, however, regulated in classified state forests and registered productive forests, subject to the specific authorisations provided for by the classification texts (with the exception of the collection of dead wood lying on the ground (Article 5 of Decree n°692/PR/MEFEPEPN).

In registered productive forests subject to management, the management plan is founded on maintaining the local communities and their customary user rights within the forest management unit or its surroundings (Article 31 Decree n°689/PR/MEFEPEPN). The preparatory socio-economic study addresses the rural communities concerned and provides an opportunity to identify any customary user rights, any sites of socio-cultural interest to the local populations and potential situations of conflict. If applicable, an agro-forestry series for use by the populations may be defined, alongside an involvement programme, on a negotiated basis (Article 31 of Decree n°689/PR/MEFEPEPN). The exercise of customary user rights is based on the allocation of land, as provided for by the management plan (Article 6 Decree n°692/PR/MEFEPEPN).

Finally, the sale of any forest products extracted in exercise of such user rights must also be in compliance with the trade regulations.

Right to economic development (for CFADs)

Community rights in Gabon include rights to the financial income generated by the harvesting of forest resources under concessions (CFAD). In order to promote the social aspect of the country’s policy on sustainable management, concession holders are required to make a contribution. This contribution is primarily financial and aims to support development initiatives of a collective interest initiated by these communities. The nature and level of this contribution are defined by the contractual specifications associated with each concession (Art. 251 of Law n°16-2000 on the Forest Code). These contractual specifications must be concluded between the company and the communities.

Order n°105/MFEPRN/SG/DGF/DDF/SACF establishes a template for these contractual specifications, which must be signed by the community and the concessionaire. Article 4 of this template is entitled “social and economic obligations” and stipulates that the concessionaire shall undertake to finance the project(s) of collective interest identified by the local communities concerned through a fund called the “local development fund” (FDL). For the forest concessionaire, the amount of this financial contribution is determined on the basis of the volume of wood cut the previous year, confirmed by the representative of the forestry administration. Payment of the funds into the FDL - linked with the company’s bank account - must be made after the site logbooks have been validated by the administration.

Legally required documents
Applicable legislation
VIEW LESS
1.13 Customary rights
Last updated on 2022-11-01 The sites and resources necessary for the exercise of user rights are not identified in advance Specified RISK
Although this does not constitute a specified risk of illegality, it is important to note that the ClientEarth report identifies significant weaknesses in the current community forest system, including (1) a legal uncertainty regarding the space in which community forests can be created, (2) terminological inconsistencies regarding the recipients of community forests, notably questioning the inclusion of aboriginal populations, and (3) a lengthy ... VIEW MOREAlthough this does not constitute a specified risk of illegality, it is important to note that the ClientEarth report identifies significant weaknesses in the current community forest system, including (1) a legal uncertainty regarding the space in which community forests can be created, (2) terminological inconsistencies regarding the recipients of community forests, notably questioning the inclusion of aboriginal populations, and (3) a lengthy and complex procedure for the allocation of community forests, making access to community forestry difficult (ClientEarth (not dated)). VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Forest concessions (CPAET/CFAD)
Risk mitigation options
Stakeholder consultation
1
Consult Stakeholders (NGOs, central and decentralised administrations, local communities)
Description of legal requirements
The sites and resources necessary for the exercise of usage rights are identified.
VIEW MORE

Consulting populations on the allocation of concessions (CFAD)

State-owned productive forests are initially subject to a classification procedure. This procedure, as laid down by the regulations, stipulates that representatives of the surrounding local communities must be involved in the classification phase, carried out by the administration (acknowledgement of the perimeter, uses, activities and practices within the perimeter) (Art. 3 of Decree n°1032). The classification draft report is published for one month, during which time any objections may be formulated in writing (Art. 5 and 6 of Decree n°1032). The classification committee must include the heads of the cantons concerned, and the heads and any other persons of note of the villages concerned (Art. 7 of Decree n°1032).

The local communities are less involved during the forest concession allocation procedure for concessions located within state forests. The tender procedure is public (Art. 3 of Order n°00640-08/MEFEPA). An independent monitor may be appointed to monitor the work of the Selection Committee (Art. 42 n°00640-08/MEFEPA).

During the management plan development phase, the local communities are consulted for the purpose of the socio-economic diagnosis, which reveals the areas and resources traditionally used by them.

Finally, the 2004 national technical guide on forest management stipulates that concessionaires must inform the local administrative or traditional authorities before undertaking the activities relating to management and logging. They must notably identify and protect the resources used by these populations (fields, fruit trees, sacred areas and areas of special value). They must also repair any infrastructure (bridges, culverts, tracks) damaged by the passage of the logging trucks.

User rights

The Forest Code governs the exercise of customary user rights as rights whose purpose is the satisfaction of the personal or collective needs of local communities. These notably cover the use of trees as construction wood and the use of dead wood or branches as fire wood, the collection of secondary forest products (bark, latex, mushrooms, medicinal or edible plants, stones, lianas), the performance of small-scale hunting and fishing, pastureland, subsistence agriculture, grazing rights and the use of water (Forest Code, chapter 6).

The exercise of customary user rights is unrestricted and free of charge within the rural forest domain for members of the local communities traditionally living near this domain and subject to compliance with restrictive regulations for the purpose of management or protection.

The exercise of customary user rights is, however, regulated in classified state forests and registered productive forests, subject to the specific authorisations provided for by the classification texts (with the exception of the collection of dead wood lying on the ground (Article 5 of Decree n°692/PR/MEFEPEPN).

In registered productive forests subject to management, the management plan is founded on maintaining the local communities and their customary user rights within the forest management unit or its surroundings (Article 31 Decree n°689/PR/MEFEPEPN). The preparatory socio-economic study addresses the rural communities concerned and provides an opportunity to identify any customary user rights, any sites of socio-cultural interest to the local populations and potential situations of conflict. If applicable, an agro-forestry series for use by the populations may be defined, alongside an involvement programme, on a negotiated basis (Article 31 of Decree n°689/PR/MEFEPEPN). The exercise of customary user rights is based on the allocation of land, as provided for by the management plan (Article 6 Decree n°692/PR/MEFEPEPN).

Finally, the sale of any forest products extracted in exercise of such user rights must also be in compliance with the trade regulations.

Right to economic development (for CFADs)

Community rights in Gabon include rights to the financial income generated by the harvesting of forest resources under concessions (CFAD). In order to promote the social aspect of the country’s policy on sustainable management, concession holders are required to make a contribution. This contribution is primarily financial and aims to support development initiatives of a collective interest initiated by these communities. The nature and level of this contribution are defined by the contractual specifications associated with each concession (Art. 251 of Law n°16-2000 on the Forest Code). These contractual specifications must be concluded between the company and the communities.

Order n°105/MFEPRN/SG/DGF/DDF/SACF establishes a template for these contractual specifications, which must be signed by the community and the concessionaire. Article 4 of this template is entitled “social and economic obligations” and stipulates that the concessionaire shall undertake to finance the project(s) of collective interest identified by the local communities concerned through a fund called the “local development fund” (FDL). For the forest concessionaire, the amount of this financial contribution is determined on the basis of the volume of wood cut the previous year, confirmed by the representative of the forestry administration. Payment of the funds into the FDL - linked with the company’s bank account - must be made after the site logbooks have been validated by the administration.

Legally required documents
Applicable legislation
VIEW LESS
1.13 Customary rights
Last updated on 2022-11-01 The concessionaire bans the communities from accessing the concession in breach of the applicable regulations Specified RISK
Although this does not constitute a specified risk of illegality, it is important to note that the ClientEarth report identifies significant weaknesses in the current community forest system, including (1) a legal uncertainty regarding the space in which community forests can be created, (2) terminological inconsistencies regarding the recipients of community forests, notably questioning the inclusion of aboriginal populations, and (3) a lengthy ... VIEW MOREAlthough this does not constitute a specified risk of illegality, it is important to note that the ClientEarth report identifies significant weaknesses in the current community forest system, including (1) a legal uncertainty regarding the space in which community forests can be created, (2) terminological inconsistencies regarding the recipients of community forests, notably questioning the inclusion of aboriginal populations, and (3) a lengthy and complex procedure for the allocation of community forests, making access to community forestry difficult (ClientEarth (not dated)). VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Forest concessions (CPAET/CFAD)
Risk mitigation options
Stakeholder consultation
1
Consult Stakeholders (NGOs, central and decentralised administrations, local communities)
Description of legal requirements
Access to the concession is not prohibited to communities.
VIEW MORE

Consulting populations on the allocation of concessions (CFAD)

State-owned productive forests are initially subject to a classification procedure. This procedure, as laid down by the regulations, stipulates that representatives of the surrounding local communities must be involved in the classification phase, carried out by the administration (acknowledgement of the perimeter, uses, activities and practices within the perimeter) (Art. 3 of Decree n°1032). The classification draft report is published for one month, during which time any objections may be formulated in writing (Art. 5 and 6 of Decree n°1032). The classification committee must include the heads of the cantons concerned, and the heads and any other persons of note of the villages concerned (Art. 7 of Decree n°1032).

The local communities are less involved during the forest concession allocation procedure for concessions located within state forests. The tender procedure is public (Art. 3 of Order n°00640-08/MEFEPA). An independent monitor may be appointed to monitor the work of the Selection Committee (Art. 42 n°00640-08/MEFEPA).

During the management plan development phase, the local communities are consulted for the purpose of the socio-economic diagnosis, which reveals the areas and resources traditionally used by them.

Finally, the 2004 national technical guide on forest management stipulates that concessionaires must inform the local administrative or traditional authorities before undertaking the activities relating to management and logging. They must notably identify and protect the resources used by these populations (fields, fruit trees, sacred areas and areas of special value). They must also repair any infrastructure (bridges, culverts, tracks) damaged by the passage of the logging trucks.

User rights

The Forest Code governs the exercise of customary user rights as rights whose purpose is the satisfaction of the personal or collective needs of local communities. These notably cover the use of trees as construction wood and the use of dead wood or branches as fire wood, the collection of secondary forest products (bark, latex, mushrooms, medicinal or edible plants, stones, lianas), the performance of small-scale hunting and fishing, pastureland, subsistence agriculture, grazing rights and the use of water (Forest Code, chapter 6).

The exercise of customary user rights is unrestricted and free of charge within the rural forest domain for members of the local communities traditionally living near this domain and subject to compliance with restrictive regulations for the purpose of management or protection.

The exercise of customary user rights is, however, regulated in classified state forests and registered productive forests, subject to the specific authorisations provided for by the classification texts (with the exception of the collection of dead wood lying on the ground (Article 5 of Decree n°692/PR/MEFEPEPN).

In registered productive forests subject to management, the management plan is founded on maintaining the local communities and their customary user rights within the forest management unit or its surroundings (Article 31 Decree n°689/PR/MEFEPEPN). The preparatory socio-economic study addresses the rural communities concerned and provides an opportunity to identify any customary user rights, any sites of socio-cultural interest to the local populations and potential situations of conflict. If applicable, an agro-forestry series for use by the populations may be defined, alongside an involvement programme, on a negotiated basis (Article 31 of Decree n°689/PR/MEFEPEPN). The exercise of customary user rights is based on the allocation of land, as provided for by the management plan (Article 6 Decree n°692/PR/MEFEPEPN).

Finally, the sale of any forest products extracted in exercise of such user rights must also be in compliance with the trade regulations.

Right to economic development (for CFADs)

Community rights in Gabon include rights to the financial income generated by the harvesting of forest resources under concessions (CFAD). In order to promote the social aspect of the country’s policy on sustainable management, concession holders are required to make a contribution. This contribution is primarily financial and aims to support development initiatives of a collective interest initiated by these communities. The nature and level of this contribution are defined by the contractual specifications associated with each concession (Art. 251 of Law n°16-2000 on the Forest Code). These contractual specifications must be concluded between the company and the communities.

Order n°105/MFEPRN/SG/DGF/DDF/SACF establishes a template for these contractual specifications, which must be signed by the community and the concessionaire. Article 4 of this template is entitled “social and economic obligations” and stipulates that the concessionaire shall undertake to finance the project(s) of collective interest identified by the local communities concerned through a fund called the “local development fund” (FDL). For the forest concessionaire, the amount of this financial contribution is determined on the basis of the volume of wood cut the previous year, confirmed by the representative of the forestry administration. Payment of the funds into the FDL - linked with the company’s bank account - must be made after the site logbooks have been validated by the administration.

Legally required documents
Applicable legislation
VIEW LESS
1.13 Customary rights
Last updated on 2022-11-01 The communities do not receive the financial revenue provided for by the regulations via the local development fund Specified RISK
The communities not receiving the financial revenue provided for by the regulations. Some companies with management plans not contributing to the local development fund, either because the order creating such fund has not yet been published, or because the management plan has not yet been approved, or even because the sanctions provided for by the regulations in the event that they don’t contribute to the fund are not enforced by the forestry a... VIEW MORE

The communities not receiving the financial revenue provided for by the regulations. Some companies with management plans not contributing to the local development fund, either because the order creating such fund has not yet been published, or because the management plan has not yet been approved, or even because the sanctions provided for by the regulations in the event that they don’t contribute to the fund are not enforced by the forestry administration.

Although this does not constitute a specified risk of illegality, it is important to note that the ClientEarth report identifies significant weaknesses in the current community forest system, including (1) a legal uncertainty regarding the space in which community forests can be created, (2) terminological inconsistencies regarding the recipients of community forests, notably questioning the inclusion of aboriginal populations, and (3) a lengthy and complex procedure for the allocation of community forests, making access to community forestry difficult (ClientEarth (not dated)). VIEW LESS

The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Forest concessions (CPAET/CFAD)
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Contractual clauses signed by the company and the local communities involved
2
Verify Proof of payment into the FDL (local development fund) for the year just ended
3
Consult Stakeholders (NGOs, central and decentralised administrations, local communities)
Description of legal requirements
The communities receive the financial revenues provided for by the regulations through the Local Development Fund.
VIEW MORE

Consulting populations on the allocation of concessions (CFAD)

State-owned productive forests are initially subject to a classification procedure. This procedure, as laid down by the regulations, stipulates that representatives of the surrounding local communities must be involved in the classification phase, carried out by the administration (acknowledgement of the perimeter, uses, activities and practices within the perimeter) (Art. 3 of Decree n°1032). The classification draft report is published for one month, during which time any objections may be formulated in writing (Art. 5 and 6 of Decree n°1032). The classification committee must include the heads of the cantons concerned, and the heads and any other persons of note of the villages concerned (Art. 7 of Decree n°1032).

The local communities are less involved during the forest concession allocation procedure for concessions located within state forests. The tender procedure is public (Art. 3 of Order n°00640-08/MEFEPA). An independent monitor may be appointed to monitor the work of the Selection Committee (Art. 42 n°00640-08/MEFEPA).

During the management plan development phase, the local communities are consulted for the purpose of the socio-economic diagnosis, which reveals the areas and resources traditionally used by them.

Finally, the 2004 national technical guide on forest management stipulates that concessionaires must inform the local administrative or traditional authorities before undertaking the activities relating to management and logging. They must notably identify and protect the resources used by these populations (fields, fruit trees, sacred areas and areas of special value). They must also repair any infrastructure (bridges, culverts, tracks) damaged by the passage of the logging trucks.

User rights

The Forest Code governs the exercise of customary user rights as rights whose purpose is the satisfaction of the personal or collective needs of local communities. These notably cover the use of trees as construction wood and the use of dead wood or branches as fire wood, the collection of secondary forest products (bark, latex, mushrooms, medicinal or edible plants, stones, lianas), the performance of small-scale hunting and fishing, pastureland, subsistence agriculture, grazing rights and the use of water (Forest Code, chapter 6).

The exercise of customary user rights is unrestricted and free of charge within the rural forest domain for members of the local communities traditionally living near this domain and subject to compliance with restrictive regulations for the purpose of management or protection.

The exercise of customary user rights is, however, regulated in classified state forests and registered productive forests, subject to the specific authorisations provided for by the classification texts (with the exception of the collection of dead wood lying on the ground (Article 5 of Decree n°692/PR/MEFEPEPN).

In registered productive forests subject to management, the management plan is founded on maintaining the local communities and their customary user rights within the forest management unit or its surroundings (Article 31 Decree n°689/PR/MEFEPEPN). The preparatory socio-economic study addresses the rural communities concerned and provides an opportunity to identify any customary user rights, any sites of socio-cultural interest to the local populations and potential situations of conflict. If applicable, an agro-forestry series for use by the populations may be defined, alongside an involvement programme, on a negotiated basis (Article 31 of Decree n°689/PR/MEFEPEPN). The exercise of customary user rights is based on the allocation of land, as provided for by the management plan (Article 6 Decree n°692/PR/MEFEPEPN).

Finally, the sale of any forest products extracted in exercise of such user rights must also be in compliance with the trade regulations.

Right to economic development (for CFADs)

Community rights in Gabon include rights to the financial income generated by the harvesting of forest resources under concessions (CFAD). In order to promote the social aspect of the country’s policy on sustainable management, concession holders are required to make a contribution. This contribution is primarily financial and aims to support development initiatives of a collective interest initiated by these communities. The nature and level of this contribution are defined by the contractual specifications associated with each concession (Art. 251 of Law n°16-2000 on the Forest Code). These contractual specifications must be concluded between the company and the communities.

Order n°105/MFEPRN/SG/DGF/DDF/SACF establishes a template for these contractual specifications, which must be signed by the community and the concessionaire. Article 4 of this template is entitled “social and economic obligations” and stipulates that the concessionaire shall undertake to finance the project(s) of collective interest identified by the local communities concerned through a fund called the “local development fund” (FDL). For the forest concessionaire, the amount of this financial contribution is determined on the basis of the volume of wood cut the previous year, confirmed by the representative of the forestry administration. Payment of the funds into the FDL - linked with the company’s bank account - must be made after the site logbooks have been validated by the administration.

Legally required documents
Applicable legislation
VIEW LESS
1.13 Customary rights
Last updated on 2022-11-01 The legal framework is manipulated through the creation and exploitation of community forests with no real involvement or representation of all members of the community in the decision-making or conflict management process Specified RISK
There is a risk of manipulation of the legal framework through the creation and exploitation of community forests with no real involvement or representation of all members of the community in the decision-making process and conflict management (ClientEarth (not dated)).Although this does not constitute a specified risk of illegality, it is important to note that the ClientEarth report identifies significant weaknesses in the current community for... VIEW MORE

There is a risk of manipulation of the legal framework through the creation and exploitation of community forests with no real involvement or representation of all members of the community in the decision-making process and conflict management (ClientEarth (not dated)).

Although this does not constitute a specified risk of illegality, it is important to note that the ClientEarth report identifies significant weaknesses in the current community forest system, including (1) a legal uncertainty regarding the space in which community forests can be created, (2) terminological inconsistencies regarding the recipients of community forests, notably questioning the inclusion of aboriginal populations, and (3) a lengthy and complex procedure for the allocation of community forests, making access to community forestry difficult (ClientEarth (not dated)). VIEW LESS

The risk applies to the following source types
  • Community forest
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Articles of association of the legal association representing the community
2
Verify Minutes from the awareness, information and consultation meetings held prior to the forest creation application
3
Verify Participatory map
4
Consult Stakeholders (NGOs, central and decentralised administrations, local communities)
Description of legal requirements
The legal mechanism for the creation and exploitation of community forests is functional and genuinely involves the members of the communities concerned.
VIEW MORE

Community forests

The conditions for creating community forests are governed by the Forest Code (Law n°16/01, Art. 156 to 161), Decree n°1023 of 2004 and Orders n°106 of 2014 and n°018 of 2013).

All communities who wish to initiate the process for creating a community forest may submit a forest reservation application, based on the minutes from a general assembly, a sketch of the area and a description of how the forest concerned would be used (Art. 2 to 4 Order n°106). Forests subject to reservation are exempt from all other forms of allocation (Art. 5 Order n°106).

Community forests are created following an application submitted by a village, a group of villages or a canton, in the general interest of the village communities concerned (Art. 157 Law n°016/01 and Decree n°1023). Decree n°1023 stipulates that the local community must act within the framework of a recognised legal entity (“association”) with a representative body (Art. 2 and 3). The related articles of association must be attached to the application (art. 4).

Several stages are required before a community forest can be allocated, including one or several information and awareness meetings, a participatory mapping exercise, a consultation meeting and the submission of an allocation file.

The law stipulates that the state provides the community with assistance, notably for the delineation and management of community forests, which are carried out free of charge (Art. 159 Law n°016/01).

All revenue generated from community forest logging shall go back to the community concerned (Art. 161 Law n°016/01).

Legally required documents
Applicable legislation
VIEW LESS
1.14 Free prior and informed consent
Last updated on 2022-11-01 Not applicable Not Applicable
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Description of legal requirements
VIEW MORE

Not applicable VIEW LESS

1.15 Indigenous/traditional peoples rights
Last updated on 2022-11-01 Not applicable Not Applicable
There are no specific regulations on indigenous people in Gabon. The Gabonese state does not officially recognise the existence of indigenous people. The Constitution stipulates that all Gabonese nationals have equal rights on Gabonese territory.... VIEW MOREThere are no specific regulations on indigenous people in Gabon. The Gabonese state does not officially recognise the existence of indigenous people. The Constitution stipulates that all Gabonese nationals have equal rights on Gabonese territory. VIEW LESS
The risk applies to the following source types
  • Associated forestry permit (PFA)
  • Community forest
  • Forest concessions (CPAET/CFAD)
  • Logging authorisation for pitsawing (ACBSL)
  • Permit by private agreement (PGG)
  • Special logging authorisation (ASC)
Description of legal requirements