In our research whose topic titles itself “The existence and legal mechanisms of the protection of Congolese customary land law”, we found that in the Congolese legislation evolution, this Right was first governed by the custom or all power was devolved to the only customary chiefs but also by the law where only the legislator foresees the modes of acquirement, enjoyment as well as expropriation of the farming concessions. This dualism for us, don't create any contradiction, the common laws of property ownership are recognized altogether and protected by the Constitution, the fundamental law and the jurisprudence on the one hand and the customary rules on the other hand.
In our research that turned around the subject titled : “Protecting the land rights of local communities in mining areas in the Democratic Republic of Congo”, we discovered that first, these local communities don't have a legal personality and to this title, only possess the right of undisturbed possession. This right of undisturbed possession is protected by the law that obliges to the mining operator to pay for a royalties that is poured one way or the other to the profit of the local communities according to 15% for the realization of the communal interest of the local communities managed by the decentralized territorial entities that have the obligation to affect some correctly.
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