A/HRC/18/35/Add.5 the newly enacted law on indigenous peoples and two pre-existing decrees that provide a basis for all Congolese to claim their customary land rights.16 35. The existence of large-scale forestry in many places has contributed to deforestation, and depleted the natural resources on which indigenous peoples depend. The Forestry Code distinguishes between State and private forests, but makes no references to rights based on customary practices.17 However, like the Land Law, the Forestry Code provides for some form of collective private ownership, albeit in limited form. Forests belonging to communities (communes) and other local collectives (collectivités locales) must be so classified by Government decree, planted by the community on land belonging to the community or transferred from the State to the collective.18 36. Regarding the procedure for classifying forests for particular uses or protection, the Forestry Code provides for some level of local participation. While the final decision about forest classification is handed down through a decree of the Council of Ministers, any reclassification of forest lands requires that the Minister hold a hearing with the regional or local administrative authority and representatives of local communities before developing a draft demarcation and usage plan. Within 60 days of the draft, the Minister must convene another meeting with a range of stakeholders, including representatives of each village concerned. While it is possible that indigenous peoples were intended to benefit from these broad consultation provisions, given that indigenous peoples are often not represented at the village or regional level, they risk exclusion from this process.19 37. With regard to protected forests, article 40 of the Forestry Code provides for certain use rights over a limited number of non-marketable forest products. For example, the law states that local populations can use forest products for the maintenance of their homes, furniture, household utensils and tools, as well as for cultural, food or medicinal purposes. It also allows local populations to hunt, reap and gather the product, and establish crops or hives/apiaries and graze their livestock or harvest forage. However, the same article enables the Minister of Forests to regulate the exercise of these rights. Moreover, these rights are limited to personal use and the products cannot be sold. Any business based on forest products requires a special permit20 that indigenous people cannot readily obtain, in practice, which constrains their ability to pursue economic activities such as harvesting honey, edible caterpillars and raffia. 38. Hunting is governed by the laws on conservation and exploitation of wild fauna, protected animals and hunting seasons.21 These laws fail to accommodate indigenous peoples’ traditional subsistence hunting patterns and needs, and prevent them from carrying out certain rituals involving species that are banned from being hunted. 16 17 18 19 20 21 Decree No. 2006-255 of 28 June 2006 on the Institution, attribution, composition and functioning of an ad hoc body on recognizing customary land rights; Decree No. 2006-256 of 28 June 2006 on the Institution, attribution, composition and functioning of an ad hoc body on recording customary land rights. Law No. 16-2000 of 20 November 2000 (“Forestry Code”), art. 3. Ibid., art.11. Ibid., art. 14-23. Ibid., arts. 42 and 70. Law No 48/83 of 21 April 1983; Decree 3863 of 18 May 1984; Decree 3072 of 12 August 1972. 11