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March 16, 20260 citationsOpen Access

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

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NNNkosihlweni NkosiMKMangosuthu KhumaloSMSibusiso Mphahlele

Key Points

  • The research aims to explore natural resource governance in DRC and how South African law can inform improvements.
  • Conducted a comparative legal analysis of South African case law
  • Conducted interviews with stakeholders in natural resource management
  • Analyzed challenges in DRC's resource governance framework
  • Effective community participation in South Africa reduces conflicts over resources
  • DRC laws lack clear provisions for collaboration between communities and resource developers
  • Legal reforms are essential to align DRC governance with international human rights standards

Abstract

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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Cite This Study

Nkosi et al. (2013) studied this question.

synapsesocial.com/papers/69b79ea18166e15b153ac420https://doi.org/10.5281/zenodo.19018397
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