RDC Civil Society: Demands Tshisekedi Suspendre Ordonnance Marché Carbone

• Congolese civil society organizations urged President Félix Tshisekedi to suspend the signing of a proposed ordinance-law on the carbon market and refer it to Parliament; however, President Tshisekedi promulgated the ordinance-law on September 11, 2026.
• The groups, including CENADEP, advocate for a legal framework that genuinely protects national and community interests, not opposing the market itself.
• Key concerns include the absence of inclusive consultations with local communities and indigenous peoples.
• Civil society disputes the proposed revenue sharing, which allocates 70% to private operators and potentially only 6% of net revenues to communities.
• They recommend parliamentary review, revised proposals from the Ministry of Environment, and support from partners for a transparent and rights-based carbon market.

Their stance is not one of opposition to a carbon market, but rather a demand for a robust and equitable foundational law.

Congolese civil society organizations have formally urged President Félix Tshisekedi to halt the signing of a proposed ordinance-law establishing the legal framework for the carbon market in the Democratic Republic of Congo. However, President Tshisekedi promulgated the ordinance-law on September 11, 2026. This significant request, made in a statement issued on Friday, September 11, from Kinshasa, also calls for the draft legislation to be returned to Parliament for thorough scrutiny and open debate. The collective action underscores a broad concern among groups dedicated to environmental protection, climate justice, and the rights of local communities and indigenous Pygmy populations.

Gabrielle Pero Makawo Gemengya, Director General of the Centre national d’appui au développement et à la participation populaire (CENADEP), read the declaration, articulating the organizations' position. While acknowledging the imperative for the DRC to establish a clear, credible, consensual, and sovereign `régime juridique marché carbone RDC`, these groups emphasize that such a framework must genuinely safeguard the interests of both the nation and its affected communities. Their stance is not one of opposition to a carbon market, but rather a demand for a robust and equitable foundational law.

A primary point of contention for civil society revolves around the perceived lack of inclusive and transparent `consultations marché carbone RDC` prior to the draft ordinance-law's adoption by the Council of Ministers. Organizations highlight the absence of engagement with crucial stakeholders, including local communities, indigenous peoples, civil society groups, public services, and the private sector, as a significant oversight.

Further compounding these concerns is the proposed mechanism for `partage revenus marché carbone`. Article 40 of the draft ordinance-law, as interpreted by civil society, allocates a substantial 70% of revenues to private operators, with only 30% designated for the State. Moreover, the provisions concerning the share for local communities and indigenous peoples are deemed ambiguous. Although 20% is mentioned, the organizations' analysis suggests this could translate to as little as 6% of net revenues before distribution, raising serious questions about equitable benefit sharing. Gabrielle Pero Makawo Gemengya specifically stressed the necessity of revising these revenue-sharing clauses to ensure the genuine protection of the interests of local communities, indigenous peoples, and the Congolese State.

In light of these issues, civil society has put forth several specific recommendations to key governmental bodies. They had urged President Tshisekedi to suspend the ordinance-law on the carbon market and send the text back to Parliament for a comprehensive review and transparent discussion, but the law was promulgated on September 11, 2026. Concurrently, they call upon the Ministry of Environment to facilitate inclusive national consultations and subsequently present a revised, consensual draft to Parliament.

Parliament itself is encouraged to meticulously examine critical aspects of the proposed law, including benefit-sharing arrangements, administrative powers, pricing mechanisms, and the overall governance structure of the carbon market. Additionally, the organizations appeal to technical and financial partners to support the development of a carbon market founded on principles of transparency, accountability, traceability, effective community participation, and respect for human rights.

The coalition of Congolese civil society organizations has affirmed its commitment to sustained mobilization and vigilance. Their ongoing efforts are aimed at safeguarding the interests of local communities and indigenous peoples throughout the legislative process for the `Ordonnance-loi marché carbone RDC`. This collective resolve underscores the deep-seated desire for a carbon market framework that is not only legally sound but also socially just and environmentally responsible.

Among the numerous organizations that have signed the declaration are prominent groups such as CENADEP, AFRIWATCH, BVGRN, APEM, OMC-RDC, CORAP, INIDEV, ACAF, IPADHOR, R-EDH, AJCE, ADICO, and Congo Fraternité. Their unified voice highlights the broad-based demand for a more consultative and equitable approach to the development of the carbon market in the DRC.

Lawyers advising on carbon market projects in the DRC should closely monitor the legislative process for the proposed ordinance-law. Civil society's demands for suspension and revision highlight significant uncertainty regarding revenue sharing, community consultation, and the final legal framework, indicating potential changes to compliance obligations and investment risks.

Source: Original reporting via Radio Okapi