Africa: Congo

(1) Introduction

Faced with the ever-brutal realities of a changing environment, the Republic of Congo (Congo) is required to deal with environmental issues with the utmost diligence, which imposes a constant need for adaptation. Consequently, this year, Congo introduced numerous laws and policies into its legal system to respond to identified environmental or climate concerns. In light of this urgency, Congo has undertaken various legislative, regulatory, and policy actions aimed at limiting human activity, supporting sustainable economic development, or charging institutional actors to take action on the ground.

(2) Classification in the Public Domain

First, Decree no. 2023-118 of 4 April 2023 determines the modalities for the exercise of Free, Informed, and Prior Consent in the Classification of a Forest. Enacted in accordance with Article 40 of Law no. 33-2020 of 8 July 2020, it establishes the procedures for the exercise of free, informed, and prior consent in the classification of a forest. According to Article 2, the classification of a forest is based on the principle of free, informed, and prior consent of the populations impacted by the classification project. Moreover, the decree emphasizes the importance of consulting civil society organizations in the concerned district. Article 3 specifies that local communities and Indigenous populations have the right to freely and without constraint express their agreement or refusal to carry out a classification project. This must be done after having previously received all necessary information. Under Article 4, consent is open for a period not exceeding three months. This decision was made by the Minister of Forests and notified to the local communities and affected Indigenous populations, as well as to the promoter of the classification project. Article 5 states that the free, informed, and prior consent is conducted by a consultation commission established by the Minister of Forests. The composition of this commission is detailed in the decree.

Further, Decree no. 2022-1945 of 30 December 2022 classifies the Djéno Oil Terminal within the public domain of the state. Pursuant to Article 1, the Djéno Oil Terminal, located at Djéno (Pointe-Noire), is now classified in the public domain of the state. This classification includes all the terminal’s facilities, such as the liquid hydrocarbon depot and the two loading buoys. Under Article 2, the decree specifies that the total area of the Djéno Oil Terminal is 1,916,014 square yards, as detailed in the demarcation plan and the table of topographic coordinates attached in Annex 1 of the decree.

Finally, aligning with the aforesaid, the classification of four state land reserves in the district of Loudima (Bouenza) was carried out by Decree No. 2023-119 of 4 April. According to Article 1, these land reserves, comprising built and unbuilt lands, are officially classified in the public domain of the state. The decree specifies the characteristics of each land reserve, such as the surface area and cadastral references—for instance, the land reserve of the former fruit station of Loudima. The classification of these land reserves has the effect of integrating them into the public domain of the state, thus conferring enhanced legal protection. These lands become inalienable and imprescriptible, providing protection to the reserve and its dependencies.

(3) Mandatory Insurance for Risk Activities

The issue in regard to mandatory insurance for risk activities is carried out by Order No. 1037 of 23 February, which establishes Regulations Concerning the Obligation to Take Out an Insurance Policy for all Companies Operating in the Solid Minerals Sector in Congo. As laid down in Article 1, all mining companies, including natural and legal persons working in the artisanal sector, are required to take out an insurance policy, in accordance with current regulations. In this regard, Article 2 specifies that the obligation to take out this insurance policy also applies to all entities that carry out mining activities without having taken out insurance before the entry into force of this order. These entities are required to regularize their situation within one month from the entry into force of the order and send a copy of the insurance contract to the central administrations of mines and finance.

(4) Forest Resource Management

Decree no. 2023-116 of 4 April 2023, pursuant to Article 84 of Law no. 33-2020 of 8 July 2020, defines the Roles, Composition, and Functioning of the InterMinisterial Commission for the Validation of Forest Resource Inventory Studies and Complementary Studies. According to the provision of Article 2, the commission is responsible for examining and validating various types of studies—notably cartographic, dendrometric, ecological, and socioeconomic—carried out in the context of developing management plans for forest concessions. It complies with national directives on multi-resource inventory and the terms of reference for complementary studies. The commission issues opinions on the potential revision of national norms and directives, thus contributing to the evolution of current regulations. It makes recommendations to the entities responsible for the studies, ensures the implementation of recommendations made in previous sessions, and examines and validates the division reports as well as those of the landscaping plan.

Furthermore, the creation of the Ogooué-Lékéti National Park (PNOL) constitutes an institutional arrangement established by Decree no. 22-1921 of 26 December 2022. The PNOL is a protected area established across the departments of Plateaux and Lékoumou, pursuant to Article 1 of the decree. The objectives of the national park are outlined in Article 4, which include the conservation of watersheds, the protection of biological diversity, the preservation of natural ecosystems, the promotion of scientific research, and the development of ecotourism. In accordance with Article 2, the PNOL covers an impressive area of 348,694 square yards. Article 3 provides that the park is placed under the management of the Congolese Agency for Wildlife and Protected Areas.

Lastly, Decree no. 2023-117 of 4 April 2023, issued in accordance with Article 141 of Law No. 33-2020 of 8 July 2020, establishes the responsibilities, composition, and functioning of the Forestry Commission. Article 2 of the decree identifies the Forestry Commission as the technical body charged with assisting the Minister of Forests in the granting of forest exploitation titles. The commission evaluates the files of the bidders based on their commitment to sustainable forest management. This evaluation is based on various criteria, such as the financial surface of the company, the professionalism of the bidder, the nature and quality of the associates, the experience in the forestry profession, the commercial outlets for the products, the industrial integration plan, the management program of the forestry unit, the reforestation program, the anti-poaching program, the self-sufficiency and food security program, and the volume of investments and the origin of the capital.

(5) Management of Energy and Mineral Resources

Through the adoption of Law no. 20-2023 of 28 June 2023, the Congolese legislature has authorized Congo’s accession to the Amendment to the Convention on the Physical Protection of Nuclear Material. The law formally authorizes accession to the amendment of the convention. The full text of this amendment is annexed to Decree no. 2023-679 of 28 June 2023, which ratifies the accession to the amendment per se. This is a step to formalize Congo’s commitment to the provisions of this amendment. The decree also emphasizes the recognition of the right of all states to develop and use nuclear energy applications for peaceful purposes, as well as their legitimate interest in the benefits that may result from it.

A further hallmark of Congo’s international commitment is the ratification of the Cooperation Agreement between the Republic of Congo and the Democratic Republic of Congo Regarding the Implementation of the ‘Energy Friendship Loop’ Project. This was authorized by Article 1 of Law no. 21-2023 of 28 June 2023. This agreement was signed in Brazzaville on 6 December 2021. Decree no. 2023-680 of 28 June 2023 proceeds to ratify this agreement. Its preamble underscores the friendly relations, cooperation, and integration existing between the two states, highlighting the hydroelectric and gas potential they possess. It also emphasizes that energy can be a powerful means of consensual economic integration and development. The purpose of the agreement is to realize the ‘Energy Friendship Loop’ Project, aiming to ensure the inter-connection of the energy networks of the two countries. It specifically identifies the inter-connection of the electrical grids linking Inga Kinshasa in the Democratic Republic of Congo and Brazzaville-Power plant of Pointe-Noire in Congo. As part of this agreement, the aforementioned electrical network interconnection is expected to supply the industrial zones of Katanga in the Democratic Republic of Congo. Other inter-connection projects may be subject to studies by the parties under this agreement.

In addition, Congo has initiated at the national level the creation of the Oyo Center of Excellence for Renewable Energies and Energy Efficiency. Law No. 4-2023 of 19 April 2023 establishes the creation of the Oyo Center of Excellence for Renewable Energies and Energy Efficiency. The center is identified as a public administrative establishment with a scientific and technical purpose, endowed with legal personality and financial autonomy. The headquarters of the center is located in Oyo (Cuvette), but can be transferred to any other place in the national territory if necessary, by decree in the Council of Ministers. The supervision of the center is entrusted to the Minister of Scientific Research and Technological Innovation. The center aims to be an establishment for research, training, and development. Its missions include the promotion and realization of fundamental and applied research projects on renewable energies, the valorization of these energies, the promotion of energy efficiency, and related fields. The center contributes to the implementation of the energy transition policy, supports the creation of an integrated and inclusive market for renewable energies in the sub-region, and provides support to national and international researchers in this field. It also strengthens institutional capacities in the field of renewable energies and ensures scientific and technological monitoring. The center publishes and disseminates the results of its work, contributes to the development of scientific knowledge and information, and plays a key role in seeking solutions to development problems related to energy. It actively participates in training and research, highlighting its commitment to progress in the field of renewable energies.

Also falling within the scope of national institutional arrangements is the Geological and Mining Research Center. Created by Law no. 16-2010 of 26 October 2010, the terms of organization and operation of the Geological and Mining Research Center were initially provided for by Decree No. 2012-732 of 5 July 2012, approving the Statutes of the Geological and Mining Research Center. These statutes are now the subject of a revision that was approved by Decree No. 2023-125 of 25 April 2023. According to Article 2, the decree repeals all previous contrary provisions, in particular Decree no. 2012-732 of 5 July 2012, approving the Statutes of the Geological and Mining Research Center.

Finally, it is appropriate to mention Order no. 6798 of 5 June 2023, declaring the eminent domain and the establishment of a Photovoltaic and Biomass Electrification Project in the ‘Special Economic Zone of Igné’ to be of public utility. This order declares the land acquisition and the works for the establishment of a photovoltaic and biomass electrification project in the ‘Special Economic Zone of Igné,’ located in the district of Igné (Pool) to be of public utility. In accordance with Article 2, the property and real estate rights involved in the land acquisition and works consist of an undeveloped plot of land with an area of 100 hectares, as indicated in the demarcation plan attached in the annex and in accordance with the specified geographical coordinates.

(6) Biodiversity

The legislation pertaining to biodiversity has been notably marked by the recent establishment of the National Center for Inventory and Management of Forest and Wildlife Resources (CNIAF). Law no. 26-2023 of 15 September 2023, which establishes the CNIAF, grants it the status of a public administrative establishment with legal personality and financial autonomy. The CNIAF is placed under the administrative supervision of the Minister of Forests and under the financial supervision of the minister in charge of finances. It is subject to the rules of public accounting.

CNIAF’s missions are varied and include the development and implementation of national programs for the inventory and management of forest resources, wildlife, and biodiversity. It processes, preserves, and updates inventory data on forests, fauna, and protected areas. The CNIAF is responsible for the development and updating of the national forest mapping in all its forms. It also develops management plans for the national forest domain. The center conducts monitoring and evaluation missions for the development of management plans for forest concessions and protected areas. It follows the implementation of these plans and proposes possible revisions.

As a national center, CNIAF assists public bodies, local communities, private companies, and individuals in the forestry and wildlife sectors in carrying out studies, inventories, and management of forests and protected areas. It formulates sustainable resource management projects and ensures the establishment of national systems for measuring, reporting, and verifying Reducing Emissions from Deforestation and Forest Degradation in Developing Countries (REDD+) projects. Additionally, the CNIAF is tasked with certifying and registering carbon credits generated in the context of forest carbon sequestration.

(7) Internally Displaced Persons

The protection of internally displaced persons constitutes a new concern in Congolese law. It is undoubtedly a novelty, because despite decades of civil conflicts, this concern had not been elevated to the legislative level to ensure adequate protection for people subject to various constraints. Law no. 29-2023 of 30 September 2023, on the Protection and Assistance of Internally Displaced Persons in Congo, is the instrument that creates this new regime. It sets forth several important provisions to guarantee the rights and dignity of internally displaced persons.

Covered by this law are individuals forced to flee or leave their usual place of residence due to various factors such as armed conflicts, violence, human rights violations, natural disasters, development projects, or other causes, without having crossed the borders of Congo. The state has the responsibility to protect and assist internally displaced persons. Internally displaced persons have the right to enjoy the same rights and freedoms as other citizens, without discrimination based on race, sex, religion, political opinions, ethnic origin, age, disability, and so on. The state, non-state actors, and individuals must respect the obligations of international human rights law and international humanitarian law to prevent situations leading to arbitrary displacement.

Internally displaced persons have the right to protection and humanitarian assistance. They have the right to live in human dignity, including the recognition of their legal personality, the security of their person and property, freedom of movement, residence, and worship, access to health, water, nutrition, and sanitation, education, basic shelter and adequate housing, employment, economic activities, social protection, and the enjoyment of civil and political rights. The law aims to establish legal provisions to protect the fundamental rights of internally displaced persons and ensure their well-being and dignity.

(8) Sustainable Environmental Management

After more than one-quarter of a century, Congo’s legislator deemed it appropriate to renew the framework law on environmental protection. This effort, materialized by Law no. 33-2023 of 17 November 2023, on Sustainable Environmental Management in Congo, establishes new principles, standards, mechanisms, and actors to ensure effective environmental protection. The law establishes the legal framework for the national policy on environmental management. Its main orientations aim to prevent risks and combat pollution, promote the sustainable management of natural resources, biodiversity, and cultural heritage, improve human living conditions while respecting ecological balance, define the legal, technical, and financial bases for environmental protection, establish a specific responsibility for repairing environmental damage and compensating victims, harmonize the national legal framework with international standards, and define the commitments of various entities (state, local communities, public institutions, private companies, civil society organizations, and citizens) in terms of environmental protection and management.

The provisions of the law apply to individuals and legal entities of public and private law, to human settlements and classified installations, to activities presenting dangers to the neighbourhood, health, safety, hygiene, public sanitation, or the environment, and to products or substances dangerous to the environment and human health. Article 4 of the law enunciates the fundamental principles guiding the development and implementation of policies, strategies, programs, and action plans in the field of the environment.

A comprehensive set of principles is included in this framework, which reflect Congo’s broad commitment to environmental sustainability and responsibility. They encompass: Prevention Principle; Biodiversity Preservation Principle; Precautionary Principle; Environmental Sustainability Principle; Polluter Pays Principle; Participation Principle; Substitution Principle; Cooperation Principle; Sovereignty Principle; Non-Regression Principle; Integration Principle; and so on.

By virtue of its provisions, the law on Sustainable Environmental Management covers various environmental aspects in the context of urbanization and housing (Articles 5–10), aim to ensure the preservation of air quality (Articles 20–7), focus on the protection and management of water resources (Articles 28–38), address the preservation and protection of soils, subsoils, and the resources they contain (Articles 39–43), and establish a national policy for the conservation and sustainable management of peatlands as an effective ecosystem for carbon sequestration, biodiversity preservation, and water regime regulation (Articles 44–7). These comprehensive measures reflect a robust approach to environmental management and protection in Congo.

Disclaimer: This article is written as part of research conducted by a project funded by the European Union’s Horizon 2020 research and innovation programme, under Marie Skłodowska-Curie grant agreement no. 845118.