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.

All the threats to the environment today are due to economic activities carried out without ecological precautions and this everywhere in the world. To mitigate the effects of these, several legal, judicial and institutional practices are called to awakening. Hence the emergence and validity of good governance in the mining sector. Some laws in the world do not better ensure the protection of the environment. It is who if the future of the environment is not guaranteed, it will cause inconvenience to future generations. Concerning the DR Congo for example where we find in the mining legislation the application of strong sustainability, which is based on the monopoly to exploit everything and reinvest in other sectors. The designer of this system was not wrong; on the other hand, it is incompatible with certain States like the DRC where the management is not well ensured by the rulers.

Economic recovery being a major concern for several African countries, they are doing everything to attract investors. The question of CSR always goes hand in hand with the life of companies in their operating phase, in order to ensure good governance of the business climate. Thus, in some African countries (in the DRC in particular) the issue of CSR remains calamitous. The whole problem experienced by local Congolese communities is linked to the fact that internal laws do not recognize the right of these communities to initiate legal action alone against the company’s bad promises. The question of the legal personality of Congolese local communities finds merit in the forestry code. This code limits the right of these, in particular the representation of local communities in justice. On the ground, several emerging companies make promises to local communities, the execution of which does not reach 1/3 of the promises made. Thus, in Congolese law, the question of CSR remains in the traditional conception where all the promises made depend on the will of the promising and not a legal obligation with binding measures in the event of non-performance. Recognizing the legal personality of the local community is not enough, on the other hand it must also be recognized the right to sue alone without going through intermediaries who sometimes stifle the claims of local communities.