Deal #1999 Version 93132 Version 96052
Comment on land area
3 plantations. 55000ha available for planting. Feronia acquired these plantations by buying 76% of Plantations et Huileries du Congo (PHC, registered in DR Congo). Feronia purchased these shares from Unilever.In 2009, Unilever sold its stake in PHC’s 100,000-hectare (247,000-acre) oil palm holdings to the Canadian company Feronia. Another report states that the company has 107 000ha. One report states that Feronia is starting to plant even in the fishponds owned by the communities. Google earth shows 17087ha under operation in 2023.
3 plantations. 55000ha available for planting. Feronia acquired these plantations by buying 76% of Plantations et Huileries du Congo (PHC, registered in DR Congo). Feronia purchased these shares from Unilever.In 2009, Unilever sold its stake in PHC’s 100,000-hectare (247,000-acre) oil palm holdings to the Canadian company Feronia. Another report states that the company has 107 000ha. One report states that Feronia is starting to plant even in the fishponds owned by the communities. Google earth shows 17087ha under operation in 2023.
Comment on intention of investment
Palm Oil and Palm Kernel Oil
Palm Oil and Palm Kernel Oil
Comment on implementation status
Started as PHC in 1911. Plantations suffered neglect (abandonment) from Unilever in the early 2000's. Bought from Unilever in 2009. Environmental and Social Impact assessment to be carried out in 2015 due to the community protests. Still in operation in 2023.
Started as PHC in 1911. Plantations suffered neglect (abandonment) from Unilever in the early 2000's. Bought from Unilever in 2009. Environmental and Social Impact assessment to be carried out in 2015 due to the community protests. Still in operation in 2023.
Name of investment project
PHC/KKM2
PHC/KKM2
Comment on investment chain
Founded in 1911. Feronica acquired these plantations by buying 76% of Plantations et Huileries du Congo (PHC, registered in DR Congo). Feronia purchased these shares from Unilever. The company which purchased these shares was Feronia JCA Ltd, a Cayman Islands subsidiary of Feronia Inc. DRC passed a new Law on the Funadmaental Principles of Agriculture (loi portant principes fondamentaux relatifs à l’agriculture) on June 24, 2012 that states, under Article 16, that land can only be attributed to companies that are majority owned by national investors. Company plans to list on the British stock exchange in 2018. Mafuta Investment Holdings fund and Kuramo Capital have injected $ 17.5 million into the capital- October 2017 (% share unknown as yet). By 2018, Feronia-PHC had received at least 118 million US dollars, including 49 million in loans approved by German, Belgian and Dutch development banks in 2015. "They approved the loans despite NGO reports and statements from community leaders in all three plantation areas who had drawn their attention to the illegitimate and possibly illegal nature of the concession contracts as well as the appalling working conditions for labourers on the plantations and the many broken promises to communities affected by the plantation concessions." A complaint was submitted through the DEG complaints mechanism. On January 7th, 2018 it determined that the complaint was admissible under the criteria of the Independent Complaints Mechanism Policy, and the case is under review. In June 2019 Golden Oil Holdings Limited ("GOHL"), a wholly owned Mauritius special purpose vehicle subsidiary of African Agriculture Fund L.L.C. ("AAF”) announces that it has acquired common shares representing approximately 13.55%. In May 2020, Feronia announes that they are looking to restrucutre the investors/ shareholdering structure in this deal or alterantively sell the operating company to an affiliate of KKM. However, they also clearly state that this is not a final decision and the plans may still change. Meanwhile, the actual ownership of the company is still being contested in court procedures in New York, Delaware, Canada and DR Congo. The side that appears to be winning is led by Kuramo Capital and its investors, which includes the endowments of the University of Michigan, Washington University in St. Louis, Northwestern University, and Kamehameha Schools, as well as the Bill & Melinda Gates Foundation and the South African Government Employees Pension Fund and Public Investment Corporation. A critical juncture was reached when Feronia filed for bank-ruptcy in August of 2020. Instead of exploring ways to grant the communities their long held request for the return of the land, development banks handed over the assets that Fero-nia held in PHC to Straight KKM, a Mauritius-based private equity fund, for a cash payment of US$500,000, an assump-tion of a portion of the company’s debt to the development banks, and a commitment to invest US$10 million into the company. Through the sale, the development banks involved – UK’s CDC Group, Germany’s DEG, the Dutch FMO, Belgian BIO, and the Emerging Africa Investment Fund (EAIF) agreed to write off large portions of their previous loans to the com-pany. However, these banks remain involved in the project as lenders. Straight KKM is owned by various funds affiliated with Kura-mo Capital Management, which claims to be Africa’s “leading independent investment management firm.” Several institu-tional players are major investors in Kuramo funds, including: The University of Michigan Endowment, the Bill & Melinda Gates Foundation Trust, the South African Government Em-ployees Pension Fund and Public Investment Corporation, the Royal County of Berkshire Pension Scheme, among others." (Oakland Institute, 2021). In April 2021, African Centre for Biodiversity (ACB), an environmental watchdog, said the South African government’s involvement in PHC was highly inappropriate: “The bottom line here is that GEPF has invested the money of South African workers to entrench dispossession of peoples’ territories and colonial patterns of land ownership and power in the DRC,” said ACB’s executive director Mariam Mayet. Moreover.Kuramo Capital Management( KCM ) is involved in a legal battle over ownership of PHC Oil palm plantations in the DRC.A legal battle has erupted over the ownership of the Plantations et Huileries du Congo (PHC), an oil palm firm, which controls over 100,000 hectares of land in the Democratic Republic of Congo (DRC).After acquiring majority ownership in the PHC plantations from European development banks in 2020, former partners have turned on each other with legal action underway across four jurisdictions for control of the company, valued at US$100 million Evlin Kuyek, researcher at GRAIN mentioned that Before KCM assumed control over the plantations, several European development banks held the majority of shares in PHC through Feronia and invested over US$150 million in the company from 2013 to 2020. When Feronia filed for bankruptcy in 2020, the development banks agreed to pass the assets they held in PHC to a private equity fund controlled by the KCM for a cash payment of US$500,000 and agreed to write off large portions of their remaining debt. The deal was conditional on the new owners investing US$10 million in PHC and implementing a revised environmental and social action plan. PHC's new Director General, Monique Gieskes, was sentenced in 2021 by a court in the DRC to six months in prison and required to repay $780,000 that she is reported to have stolen from a Dutch clothing company she represented in the DRC. In 2020, another group, called KKM2 took over from the PHC. KCM is the majority owner of Plantations et Huileries du Congo (PHC), which operates three oil palm plantations in the northern Democratic Republic of Congo. Several legal battles are raging between shareholders for the control of the Plantations et Huileries du Congo (PHC) oil palm plantations in the Democratic Republic of the Congo (DRC). Walé Adeosun, Founder and Chief Investment Officer of Kuramo Capital Management, is accused of fraud and money laundering. In 2024,PHC SA was plagued by accusations of financial mismanagement, including unauthorized bonus payments and suspicious financial transactions. The Congolese directors have accused the general director Monique Gieskes and the majority shareholder SKKM2 of significant financial irregularities, including a substantial bonus payment and transactions linked to money laundering and the financing of insurgent movements like M23.The Congolese government, a minority stakeholder in the company, is advocating for a thorough audit to improve company management. However, the appointment of Julia Luhonga as the new Board President, a decision made by the Portfolio Minister, has been met with opposition from the majority shareholder SKKM2, who are perceived as trying to dodge oversight from the state.
Founded in 1911. Feronica acquired these plantations by buying 76% of Plantations et Huileries du Congo (PHC, registered in DR Congo). Feronia purchased these shares from Unilever. The company which purchased these shares was Feronia JCA Ltd, a Cayman Islands subsidiary of Feronia Inc. DRC passed a new Law on the Funadmaental Principles of Agriculture (loi portant principes fondamentaux relatifs à l’agriculture) on June 24, 2012 that states, under Article 16, that land can only be attributed to companies that are majority owned by national investors. Company plans to list on the British stock exchange in 2018. Mafuta Investment Holdings fund and Kuramo Capital have injected $ 17.5 million into the capital- October 2017 (% share unknown as yet). By 2018, Feronia-PHC had received at least 118 million US dollars, including 49 million in loans approved by German, Belgian and Dutch development banks in 2015. "They approved the loans despite NGO reports and statements from community leaders in all three plantation areas who had drawn their attention to the illegitimate and possibly illegal nature of the concession contracts as well as the appalling working conditions for labourers on the plantations and the many broken promises to communities affected by the plantation concessions." A complaint was submitted through the DEG complaints mechanism. On January 7th, 2018 it determined that the complaint was admissible under the criteria of the Independent Complaints Mechanism Policy, and the case is under review. In June 2019 Golden Oil Holdings Limited ("GOHL"), a wholly owned Mauritius special purpose vehicle subsidiary of African Agriculture Fund L.L.C. ("AAF”) announces that it has acquired common shares representing approximately 13.55%. In May 2020, Feronia announes that they are looking to restrucutre the investors/ shareholdering structure in this deal or alterantively sell the operating company to an affiliate of KKM. However, they also clearly state that this is not a final decision and the plans may still change. Meanwhile, the actual ownership of the company is still being contested in court procedures in New York, Delaware, Canada and DR Congo. The side that appears to be winning is led by Kuramo Capital and its investors, which includes the endowments of the University of Michigan, Washington University in St. Louis, Northwestern University, and Kamehameha Schools, as well as the Bill & Melinda Gates Foundation and the South African Government Employees Pension Fund and Public Investment Corporation. A critical juncture was reached when Feronia filed for bank-ruptcy in August of 2020. Instead of exploring ways to grant the communities their long held request for the return of the land, development banks handed over the assets that Fero-nia held in PHC to Straight KKM, a Mauritius-based private equity fund, for a cash payment of US$500,000, an assump-tion of a portion of the company’s debt to the development banks, and a commitment to invest US$10 million into the company. Through the sale, the development banks involved – UK’s CDC Group, Germany’s DEG, the Dutch FMO, Belgian BIO, and the Emerging Africa Investment Fund (EAIF) agreed to write off large portions of their previous loans to the com-pany. However, these banks remain involved in the project as lenders. Straight KKM is owned by various funds affiliated with Kura-mo Capital Management, which claims to be Africa’s “leading independent investment management firm.” Several institu-tional players are major investors in Kuramo funds, including: The University of Michigan Endowment, the Bill & Melinda Gates Foundation Trust, the South African Government Em-ployees Pension Fund and Public Investment Corporation, the Royal County of Berkshire Pension Scheme, among others." (Oakland Institute, 2021). In April 2021, African Centre for Biodiversity (ACB), an environmental watchdog, said the South African government’s involvement in PHC was highly inappropriate: “The bottom line here is that GEPF has invested the money of South African workers to entrench dispossession of peoples’ territories and colonial patterns of land ownership and power in the DRC,” said ACB’s executive director Mariam Mayet. Moreover.Kuramo Capital Management( KCM ) is involved in a legal battle over ownership of PHC Oil palm plantations in the DRC.A legal battle has erupted over the ownership of the Plantations et Huileries du Congo (PHC), an oil palm firm, which controls over 100,000 hectares of land in the Democratic Republic of Congo (DRC).After acquiring majority ownership in the PHC plantations from European development banks in 2020, former partners have turned on each other with legal action underway across four jurisdictions for control of the company, valued at US$100 million Evlin Kuyek, researcher at GRAIN mentioned that Before KCM assumed control over the plantations, several European development banks held the majority of shares in PHC through Feronia and invested over US$150 million in the company from 2013 to 2020. When Feronia filed for bankruptcy in 2020, the development banks agreed to pass the assets they held in PHC to a private equity fund controlled by the KCM for a cash payment of US$500,000 and agreed to write off large portions of their remaining debt. The deal was conditional on the new owners investing US$10 million in PHC and implementing a revised environmental and social action plan. PHC's new Director General, Monique Gieskes, was sentenced in 2021 by a court in the DRC to six months in prison and required to repay $780,000 that she is reported to have stolen from a Dutch clothing company she represented in the DRC. In 2020, another group, called KKM2 took over from the PHC. KCM is the majority owner of Plantations et Huileries du Congo (PHC), which operates three oil palm plantations in the northern Democratic Republic of Congo. Several legal battles are raging between shareholders for the control of the Plantations et Huileries du Congo (PHC) oil palm plantations in the Democratic Republic of the Congo (DRC). Walé Adeosun, Founder and Chief Investment Officer of Kuramo Capital Management, is accused of fraud and money laundering. In 2024,PHC SA was plagued by accusations of financial mismanagement, including unauthorized bonus payments and suspicious financial transactions. The Congolese directors have accused the general director Monique Gieskes and the majority shareholder SKKM2 of significant financial irregularities, including a substantial bonus payment and transactions linked to money laundering and the financing of insurgent movements like M23.The Congolese government, a minority stakeholder in the company, is advocating for a thorough audit to improve company management. However, the appointment of Julia Luhonga as the new Board President, a decision made by the Portfolio Minister, has been met with opposition from the majority shareholder SKKM2, who are perceived as trying to dodge oversight from the state.
Name of community
Yahuma,
Boteka,
Basoko,
Yaligimba,
Yalifombo,
Mosité,
Lokutu,
Villages of Mokoso, Ifoma, Duali, Bofalamkoka, Kelengo, Ilongo, Nseke, Bonzoku, Bolondo and Bempumba
Yahuma,
Boteka,
Basoko,
Yaligimba,
Yalifombo,
Mosité,
Lokutu,
Villages of Mokoso, Ifoma, Duali, Bofalamkoka, Kelengo, Ilongo, Nseke, Bonzoku, Bolondo and Bempumba
Comment on recognition status of community land tenure
ancestral land
ancestral land
Comment on negative impacts for local communities
Mwingi community denounced Feronia's practice of abandoning polluting industrial waste in their village of Yalifombo. Workers in the plantations have been exposed to dangerous pesticides, which causes serious health problems. Feronia company has taken all the topsoil, to the point where the community is left without land to cultivate. In parts of the three plantations, residents said their drinking water has been contaminated by PHC activities. According to testimonies by local villagers provided to RIAO-RDC, the contingent of soldiers, police and guards went on a rampage through the local villages searching for evidence of theft. Villagers that RIAO interviewed allege that they broke into homes, arrested people arbitrarily, damaged property and committed numerous other human rights violations. There are allegations that they physically beat and tortured villagers, shot and injured several villagers, raped village women and burnt down people’s homes. The villagers say there was no possible justification for such a large-scale crack-down. A 2019 Human Rights Watch report detailed how Feronia had abused the rights of local communities this includes routinely dumping untreated industrial waste, which contaminated a major supply of local drinking water, amongst others.It was also reported that company security staff “forcefully repressed opposition through murder, unlawful detention, beatings and torture” As the legal cases unfold, violence perpetrated by PHC plantation security guards has continued unabated. On February 15, 2021, Blaise Mokwe, a 33-year old villager, was falsely accused of stealing palm fruit from the plantation and beaten by PHC security guards. He died from his injuries a few days later. The same month, 20-year old Efolafola Nisoni Manu and another young man were accused of stealing plastic chairs from the plantation by security guards who reportedly sent soldiers to arrest them. While being transferred to prison in a PHC-owned motorized canoe, the two young men were allegedly handcuffed and beaten. According to local sources, Efolafola Nisoni Manu was then thrown into the water and killed. Following the press release published on 12/01/2021 in the context of denouncing acts of torture, repeated violations of human rights and aggravated assault and battery resulting in the death of a man The latter fired live ammunition at the poor workers and at least two workers were shot and seriously injured. In January 2022, RIAO-RDC reported Police and military fire live ammunition at striking PHC workers at Boteka plantation Based on testimonies gathered during field research from the community staying on the Feronia concession and how they experience and fight against the company. They have accounted repression and heavy-handed responses by the security services, which highlight the dangers faced by those defending their land, their livelihoods and the environment. Livelihoods are severely impacted — hunger and poverty are widespread while the dumping of untreated industrial waste has polluted a major source of drinking water. Having lost their lands and reduced to working as laborers on the plantations, community members face poor wages and unsafe working conditions. An independent investigation carried out in September 2021 brought to light the escalation of violence against community members. On September 14, soldiers and PHC security guards reportedly looted and destroyed dozens of homes, tortured and kidnapped villagers from communities surrounding the plantations. On January 8, 2022, after a group of workers at the Boteka plantation went on strike to protest poor wages, PHC called in the police and military who opened fire on the protesters, seriously wounding two workers. On November 9, 2022, RIAO received an alarming report that one of the community leaders from Lokutu who was arrested died while being transported by boat to the Kinsangani prison. RIAO is demanding an urgent investigation into this possible crime by the DRC government.
Mwingi community denounced Feronia's practice of abandoning polluting industrial waste in their village of Yalifombo. Workers in the plantations have been exposed to dangerous pesticides, which causes serious health problems. Feronia company has taken all the topsoil, to the point where the community is left without land to cultivate. In parts of the three plantations, residents said their drinking water has been contaminated by PHC activities. According to testimonies by local villagers provided to RIAO-RDC, the contingent of soldiers, police and guards went on a rampage through the local villages searching for evidence of theft. Villagers that RIAO interviewed allege that they broke into homes, arrested people arbitrarily, damaged property and committed numerous other human rights violations. There are allegations that they physically beat and tortured villagers, shot and injured several villagers, raped village women and burnt down people’s homes. The villagers say there was no possible justification for such a large-scale crack-down. A 2019 Human Rights Watch report detailed how Feronia had abused the rights of local communities this includes routinely dumping untreated industrial waste, which contaminated a major supply of local drinking water, amongst others.It was also reported that company security staff “forcefully repressed opposition through murder, unlawful detention, beatings and torture” As the legal cases unfold, violence perpetrated by PHC plantation security guards has continued unabated. On February 15, 2021, Blaise Mokwe, a 33-year old villager, was falsely accused of stealing palm fruit from the plantation and beaten by PHC security guards. He died from his injuries a few days later. The same month, 20-year old Efolafola Nisoni Manu and another young man were accused of stealing plastic chairs from the plantation by security guards who reportedly sent soldiers to arrest them. While being transferred to prison in a PHC-owned motorized canoe, the two young men were allegedly handcuffed and beaten. According to local sources, Efolafola Nisoni Manu was then thrown into the water and killed. Following the press release published on 12/01/2021 in the context of denouncing acts of torture, repeated violations of human rights and aggravated assault and battery resulting in the death of a man The latter fired live ammunition at the poor workers and at least two workers were shot and seriously injured. In January 2022, RIAO-RDC reported Police and military fire live ammunition at striking PHC workers at Boteka plantation Based on testimonies gathered during field research from the community staying on the Feronia concession and how they experience and fight against the company. They have accounted repression and heavy-handed responses by the security services, which highlight the dangers faced by those defending their land, their livelihoods and the environment. Livelihoods are severely impacted — hunger and poverty are widespread while the dumping of untreated industrial waste has polluted a major source of drinking water. Having lost their lands and reduced to working as laborers on the plantations, community members face poor wages and unsafe working conditions. An independent investigation carried out in September 2021 brought to light the escalation of violence against community members. On September 14, soldiers and PHC security guards reportedly looted and destroyed dozens of homes, tortured and kidnapped villagers from communities surrounding the plantations. On January 8, 2022, after a group of workers at the Boteka plantation went on strike to protest poor wages, PHC called in the police and military who opened fire on the protesters, seriously wounding two workers. On November 9, 2022, RIAO received an alarming report that one of the community leaders from Lokutu who was arrested died while being transported by boat to the Kinsangani prison. RIAO is demanding an urgent investigation into this possible crime by the DRC government.
Overall comment
Old plantation established in 1911 under Belgium colonial rule. Owned by Unilever. Sold to Feronia in 2009. US$3.6m has been ring-fenced to support the company to strengthen business standards and enhance community facilities -- this includes: refurbishment of the housing and sanitation available to workers; a road maintenance program to update the infrastructure on Feronia land that all local people can use; appointing new health & safety staff and community relations managers; undertaking a comprehensive study of the needs of workers and the local community; a new grievance procedure for workers and community; and land mapping to clearly mark out where the company's land extends. The community is affected by water pollution as a result of chemical spraying from the company. DEG financing amounts to USD 16.5 million. A complaint was submitted through the DEG complaints mechanism. On January 7th, 2018 it determined that the complaint was admissible under the criteria of the Independent Complaints Mechanism Policy, and the case is under review. Given the ongoing legal battles, internal conflicts, and lack of transparency (evidenced by the absence of published annual balance sheets since SKKM2's involvement), the future of PHC SA is uncertain. The company's operations and reputation are severely tarnished, and without a resolution to the governance and financial management issues, its survival is in jeopardy.
Old plantation established in 1911 under Belgium colonial rule. Owned by Unilever. Sold to Feronia in 2009. US$3.6m has been ring-fenced to support the company to strengthen business standards and enhance community facilities -- this includes: refurbishment of the housing and sanitation available to workers; a road maintenance program to update the infrastructure on Feronia land that all local people can use; appointing new health & safety staff and community relations managers; undertaking a comprehensive study of the needs of workers and the local community; a new grievance procedure for workers and community; and land mapping to clearly mark out where the company's land extends. The community is affected by water pollution as a result of chemical spraying from the company. DEG financing amounts to USD 16.5 million. A complaint was submitted through the DEG complaints mechanism. On January 7th, 2018 it determined that the complaint was admissible under the criteria of the Independent Complaints Mechanism Policy, and the case is under review. Given the ongoing legal battles, internal conflicts, and lack of transparency (evidenced by the absence of published annual balance sheets since SKKM2's involvement), the future of PHC SA is uncertain. The company's operations and reputation are severely tarnished, and without a resolution to the governance and financial management issues, its survival is in jeopardy.

Location #wNOC4ize

Point
Lat: -0.44029
Lng: 19.11777
Lat: -0.41267
Lng: 19.09251

Data source #-0taUGhX

File
Type
Media report
Keep PDF not public
No
Publication title
Company Overview of Plantations et Huileries du Congo s.a.r.l.
Date
2015-12-22
Organisation
bloomberg
Comment on data source
Link no longer available. https://www.bloomberg.com/profile/company/3387132Z:LN