The report by the Platform of Civil Society Organizations in the Mining Sector (POM) highlights a significant increase in investments in the mining sector in the Democratic Republic of Congo (DRC) in recent years, particularly in the southern and eastern regions of the country. While these investments have a positive impact on the national economy, the forced displacement of local communities affected by mining projects disrupts their way of life. Despite the constitutional guarantee of the right to housing, practices of expropriation and relocation are common, raising questions about the coherence of Congolese legislation in this regard. The report emphasizes the need to examine this issue from a legal perspective, particularly regarding the expropriation procedure associated with forced displacements for mining projects. It raises questions about the compliance of investors with this procedure, sanctions in case of violation, and the level of compensation provided to affected communities. The central focus of the study is therefore on expropriation for the purpose of mining, with an emphasis on legal procedures and challenges faced by communities and investors.

The commercial profession is subject to strict rules regarding conflicts of interest, aimed at preventing situations where a merchant might be tempted to prioritize personal interests over those of their clients. In this context, legal restrictions on marriage can be seen as an extension of these rules, intended to prevent potential conflicts of interest that may arise from a merchant marrying someone with connections to their clients or suppliers. However, such restrictions may be viewed as infringing upon individual freedom and the right to marry. Moreover, they can be challenging to enforce in practice, given the difficulty of determining whether a person is involved in a specific commercial relationship. Ultimately, the justification for restrictions on merchants’ marriages will depend on various factors, including the nature of the commercial profession, the scope of commercial relationships involved, and the individual rights at stake. Therefore, authorities such as civil registries, bar associations, judicial councils, and national orders of certified accountants must carefully examine each case to determine if marriage restrictions are justified in the particular circumstances of the case.