Environmental Liability in the Mining Sector: Prospects for Sustainable Development in the Democratic Republic of the Congo

Author(s):  
Marie Mazalto
2020 ◽  
Vol 28 (1) ◽  
pp. 1-29
Author(s):  
Alexandra Carleton

Constitutionalism may be gaining ascendancy in many countries in Africa. Yet thorough investigation of the extent to which current constitutions accord to the people their internationally recognised right to governance of their mineral wealth under Article 1(2) of the ICCPR has been lacking. Understanding the existing framework of rights which may support claims to land and natural resources is important. Constitutions of the Democratic Republic of the Congo and the Republic of Zambia demonstrate the reality of multiple, overlapping land interests and the limitations upon a people's claim to freely govern their mineral wealth.


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