TITLE:
The Permanent Sovereignty of the State over the Exclusivity of Land Ownership in the DRC: Understanding International Law
AUTHORS:
Thomas Tcheshe Ntamwira
KEYWORDS:
Permanent State Sovereignty, Land Ownership, International Law Democratic Republic of Congo, Land Conflicts, Development, Political Instability
JOURNAL NAME:
Open Access Library Journal,
Vol.11 No.8,
August
13,
2024
ABSTRACT: The Democratic Republic of Congo (DRC) is a country rich in natural resources, particularly minerals, oil and gas. The management of these resources is a complex issue that raises numerous legal questions, notably the coexistence of permanent state sovereignty over natural resources and land ownership rights. The article Permanent sovereignty of the State versus the exclusivity of land ownership in the DRC: understanding through international law, examines this issue through an analysis of international conventions and case law. The analysis shows that international law recognizes the State’s permanent sovereignty over natural resources, but also imposes limits on this right. These limits are necessary to protect the rights of indigenous peoples and local communities, as well as the environment. In the DRC, the 2011 Land Law provides for a number of restrictions on the right to land ownership, including the prohibition of expropriation without fair and prior compensation, the obligation to respect the rights of local communities and the obligation to respect the environment. These restrictions are necessary to reconcile the State’s permanent sovereignty over natural resources with the right to own land. They help to protect the rights of individuals, in particular the rights of local communities and the environment. However, these restrictions may not be sufficient to prevent conflicts over land ownership. It is important for the state to establish mechanisms for dialogue and consultation with local communities in order to prevent such conflicts and ensure that the rights of all are respected. The state must also strengthen environmental protection, in particular by ensuring that the exploitation of natural resources is carried out in a sustainable manner.Subject AreasInternational Law