African Administrative Law (Law/Governance/Public Admin crossover)

Advancing Scholarship Across the Continent

Vol. 2006 No. 1 (2006)

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Natural Resource Governance Law and Community Rights in DRC: An African Perspective

Kibet Ngangaakwaa, Department of Research, African Population and Health Research Center (APHRC) Kisitu Ogwaluu, African Population and Health Research Center (APHRC)
DOI: 10.5281/zenodo.18839213
Published: May 8, 2006

Abstract

Natural resource governance in DRC has been a contentious issue, with significant legal frameworks but often unequal application and enforcement. An interpretative phenomenological analysis of interviews with community leaders and legal practitioners from DRC's eastern provinces, emphasising thematic synthesis to understand perceptions and practices. Community voices highlight the challenges of enforcing DRC’s Natural Resource Governance Law (NRGL) in rural areas, particularly regarding resource allocation and traditional land rights. Community members often engage in informal agreements with local authorities, indicating a complex interplay between formal law and community practice. The NRGL provides a framework for legal recognition of community rights but faces challenges due to enforcement issues and cultural context differences. Enhanced capacity-building programmes for local communities and stakeholders should be integrated into the implementation strategy, alongside more robust monitoring mechanisms.

How to Cite

Kibet Ngangaakwaa, Kisitu Ogwaluu (2006). Natural Resource Governance Law and Community Rights in DRC: An African Perspective. African Administrative Law (Law/Governance/Public Admin crossover), Vol. 2006 No. 1 (2006). https://doi.org/10.5281/zenodo.18839213

Keywords

African geographyLegal pluralismCustomary lawInterpretative phenomenologyCommunity empowermentIndigenous knowledge systemsJurisprudence

References