Published July 15, 2013 | Version v1
Journal article Open

Natural Resource Governance and Local Community Rights in DRC: A South African Perspective

  • 1. Department of Interdisciplinary Studies, Tshwane University of Technology (TUT)
  • 2. Department of Advanced Studies, Tshwane University of Technology (TUT)
  • 3. Tshwane University of Technology (TUT)

Description

The Democratic Republic of Congo (DRC) faces significant challenges in natural resource governance due to its vast mineral wealth and complex socio-political landscape. The research employs a comparative legal analysis, drawing from South African case law as a reference point, and interviews with stakeholders involved in natural resource management in both countries. South African jurisprudence indicates that effective community participation in resource development can mitigate conflicts and ensure equitable benefits distribution. However, DRC's current laws often lack clear provisions for such collaborative arrangements. While South Africa offers valuable insights into best practices for local communities' rights protection, significant legal reforms are needed to align with international human rights standards and promote sustainable development in DRC. DRC policymakers should consider incorporating elements of South African law regarding natural resource management and community engagement to address existing legal deficits.

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