1. Le statut juridique et les mesures de sécurisation des terres octroyées aux populations autochtones pygmées expulsées du Parc National de Kahuzi-Biega
- Author
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Mushagalusa Rwabashi, Jean-Paul, Smis, Stefaan, Busane, Wenceslas, Faculteit Recht en Criminologie, Onderwijseenheid Publiek Recht, Expertisecentrum Gender, Diversiteit en Intersectionaliteit, Brussels Interdisciplinair onderzoekscentrum Migratie en Minderheden, Internationaal en Europees recht, and Fundamentele rechten centrum
- Subjects
Statut juridique - sécurisation foncière- peuples autochtones (PA)-expulsions- Parc national de Kahuzi-Biega (PNKB) - Abstract
Flaws of state conservation policies have resulted in the eviction of indigenous peoples from their traditional lands, territories and resources around the world. In violation of the principle of free, prior and informed consent and the Congolese 1973 Land Act, the creation and expansion of the PNKB has resulted in the forced displacement of indigenous peoples without compensation or resettlement. Deprived of all means of subsistence, they now lead a precarious life, marked in particular by wandering and insecurity, which the offer of the new land has imposed as a palliative solution. In this article, we analyze the legal status and security measures of concessions acquired by indigenous peoples. It reveals that these solutions remain insufficient and are hampered by obsolete and incomplete land tenure regulations, which are unable to guarantee their security. In our view, the best way to secure their collective rights to these lands would be the adoption of an edict that, based on Article 204 of the Constitution, would identify and recognize their delimitations. This would have the advantage of exempting them from the registration certificate requirement under the Basic Principles of Agriculture Act and extending to them the special protection applicable to indigenous land rights.
- Published
- 2022