Skip to main content Accessibility help
×
Hostname: page-component-74656f9884-j7cmm Total loading time: 0 Render date: 2026-11-08T06:29:59.613Z Has data issue: false hasContentIssue false

9 - Land Rights of Indigenous Peoples in the Democratic Republic of Congo

“First Come, Last Served”

from Part III - Africa and Asia

Published online by Cambridge University Press:  06 September 2025

William Nikolakis
Affiliation:
University of British Columbia, Vancouver

Summary

Despite a recent law recognizing and protecting the rights of Indigenous Peoples, the post-independence laws of the Democratic Republic of Congo (DRC) have dispossessed, and continue to dispossess, Indigenous Peoples of their customary land rights. Collective and customary property rights are enshrined in the DRC Constitution; however, in practice there is little to no recognition or protection. This is because land statutes work in cross-cutting ways to deny Indigenous Peoples the formal legal title to their traditional lands, and without title they are vulnerable to dispossession by development or conservation. In the absence of a land tenure system establishing clear collective ownership rights, “community forests” represent an alternative strategy or pathway for Indigenous Peoples to secure their customary rights over their forests and their lands (the local communities’ forest concessions, CFCLs). Despite some successful cases of securing land tenure through the CFCLs, inaccessible legal requirements and difficult procedures make these a problematic pathway for land justice. This chapter sets out recommendations for strengthening land tenure and CFCLs.

Information

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×