Deal #9769

The government later signed a lease promising to evict local people with ancestral claims to the land. While the law recognises these customary land rights in principle, in practice land must be registered with the government; experts say this process is too expensive and convoluted for most people. Even then, the law still allows the state to take control of the land for its own purposes.

Not initially consulted, little dialogue with the local population about it prior to FNC’s deal being inked. After the lease has been signed, some consultation is taking place. Another report states that the Government ministers met with “potential landowners” from June to July 2020, to raise public awareness of the project. A “participatory map” demarcating the land had been drawn up, with the names of landowning families written across each of their plots. Lease signed on November 3rd 2020. in September and October 2021, that the government held two rounds of “negotiations” with local communities.

Officially, the Congolese government consulted local people before requisitioning the land for use by Total. But an investigation by SourceMaterial and Unearthed, Greenpeace’s investigative journalism wing, found that a law transferring the land to the “private domain of the state” was passed more than a year before consultations ended.

The consultation process between the government and local people over the Lefini reserve has led to confusion, disagreements and complaints by and among affected communities.

Displacement from agricultural fields. The total number of people who depended on this land for their livelihoods is also unknown – one unfinished survey by a Congolese civil society group called the Justice and Peace Commission counted 160, but the group believes the real figure is higher. Another report states that the fields are said to be cultivated by more than 400 people.

Local farmers say they can no longer afford to send children to school after the oil giant’s 40,000 hectare tree plantation barred them from their fields. In March 2022, TENBS and FNC launched an assessment to identify the project’s potential impacts and mitigate negative impacts that could not be reduced. This will establish a complete picture of those who are affected by the project in the overall project area (55,000 ha) and will identify a remediation action plan, including livelihood restoration measures that comply with international standards. Results will be complete and made public in 2023.'' Loss of access to forests: They were prevented from accessing the forests, which were crucial for their sustenance and food gathering. The indigenous communities affected by the BaCaSi project faced the following issues (source 5): Displacement and loss of livelihoods: They lost the ability to carry out agricultural and gathering activities, affecting their food security and economic stability. Inadequate working conditions: The promised job opportunities were limited and did not meet expectations, and there was a lack of formal contracts. Lack of consultation and informed consent: They were not adequately consulted before the project's implementation, leading to a sense of injustice.

Compensation was promised to those displaced by the BaCaSi project. TotalEnergies stated that all stakeholders historically present on the site would be offered alternatives for future farming rotations, including prepared lands or other appropriate remediation. However, during a field mission in March 2023, affected farmers reported that they had not received compensation for their loss of income and access to land (page 17 of source: 5 - "Carbon offsetting at the cost of human rights").

Representatives of some families from these communities later received a nominal payment, worth around $1 per hectare. Land in the area has previously been rented out for 16 times that amount, according to two sources with knowledge of the local agricultural economy. Some farmers did not receive any compensation. Another source states the representatives of nine families signed a memorandum of understanding in which they agreed to accept a “symbolic” lump sum of 50m central african francs, or just over US$80,000. This franc symbolique payment was equivalent to around one dollar per hectare of land. The document states that the payment is made to the families “with the view to clearing their rights of use” to the land. Some of those who signed this document mistakenly understood it to be a contract; some say they have never seen or were not given a copy and have some regrets about accepting the money. Another report states that the landowning families were dispossessed of their land for a modest sum of 76,000 euros and that some households have not even been compensated. Some community representatives received a nominal payment of around $1 a hectare, authorised by the government, where previously they had rented out the land for $16 a hectare. Other farmers told SourceMaterial that they were not consulted before their land was taken and received little compensation. Some received nothing at all.

According to the company a local development fund will support health, nutritional and educational initiatives to benefit neighboring villages.

The organizations that have intervened to collaborate with the communities affected by the BaCaSi project include (source: 5 - "Carbon offsetting at the cost of human rights"): - Secours Catholique – Caritas France: This organization has worked on collecting data and testimonies to better understand the realities of the people affected by the BaCaSi project​​. - Commission Justice et Paix (DCJP): They have collaborated with Secours Catholique to document the experiences of the communities and develop recommendations based on their demands​​. - Comité Catholique contre la Faim et pour le Développement - Terre Solidaire (CCFD-Terre Solidaire): They have worked alongside the other organizations to amplify the voices of the affected communities and advocate for their rights