African Corporate Governance Law (Law/Business crossover)

Advancing Scholarship Across the Continent

Vol. 2008 No. 1 (2008)

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Resource Law and Community Rights in DRC and Ghana: A Comparative Analysis

Kofi Amankrah, Department of Advanced Studies, Food Research Institute (FRI) Sekou Essandoh, Department of Interdisciplinary Studies, Food Research Institute (FRI)
DOI: 10.5281/zenodo.18881609
Published: July 28, 2008

Abstract

Natural resource governance in DRC (Democratic Republic of Congo) and Ghana has faced significant challenges related to protecting local community rights over resources such as land and minerals. A comparative legal analysis approach was employed, involving a review of existing legislative texts, judicial decisions, and scholarly literature from both countries. Case studies were also conducted where data allowed for detailed insights into resource law applications in practice. The findings indicate that while both DRC and Ghana have enacted laws to protect local communities' rights over natural resources, the implementation and enforcement of these laws vary significantly between the two jurisdictions. Both countries face challenges in balancing economic development with respect for community rights. However, there are notable differences in legal protections provided to communities under their respective resource governance frameworks. Recommendations include strengthening judicial mechanisms for enforcing community rights and promoting collaborative stakeholder engagement in natural resource management processes.

How to Cite

Kofi Amankrah, Sekou Essandoh (2008). Resource Law and Community Rights in DRC and Ghana: A Comparative Analysis. African Corporate Governance Law (Law/Business crossover), Vol. 2008 No. 1 (2008). https://doi.org/10.5281/zenodo.18881609

Keywords

DRCGhanaExtractive Industries Transparency Initiative (EITI)Community Empowerment for Rights and Environment (CERES)Stakeholder ParticipationCustomary Law AdaptationResource-Induced Migration

References