Legal insecurity regarding land in the DRC stems partly from weak law enforcement and partly from a lack of awareness of legal mechanisms and customary practices to protect legally acquired land. In this context, our article aims to raise awareness among Congolese concessionaires and potential land buyers about the importance of legal and extra-legal techniques that allow for the peaceful enjoyment and protection of land and real estate, often targeted by malicious actors such as false claimants and land agents in the absence of adequate safeguards.
Research findings reveal that in the city of Mbandaka, in particular, some individuals posing as rightful claimants—often in collusion with land affairs agents or certain political-administrative authorities—spread fear and unlawfully resell plots belonging to legitimate owners who failed to take preventive measures.
Studies show that proper enforcement and respect for land legislation—which recognizes land titles, particularly the certificate of registration—as well as the implementation of certain extra-legal practices such as fencing and land development, constitute effective measures for securing land ownership for Congolese citizens.
Rape of minors is a recurring social phenomenon, a worrying situation and a permanent danger for Congolese society. The effective repression of this offense remains the only remedy allowing the harmonious protection of Congolese children in general and those of the province of Equateur in particular.
The Congolese legislator, in order to protect the child against all forms of sexual violence, has developed laws that can constitute the guardian of the life of the Congolese child in the image of the shield and the sword. Very unfortunately the judicial actors (OPJ and magistrates) supposed to repress do not properly repressing and condemning the offender to 20 years of penal servitude.
In the judicial practice of the Mbandaka high court and its attached prosecutor’s office, the repression of the said offense is not appropriate due to the fact that on the one hand there are always amicable negotiation between the two families before the judicial body and on the other hand the fanciful sentence of 6 months, 2 or 3 years of SPP, yet Congolese legislation provides for a sentence of up to 20 years of SPP.
Faced with this worrying situation Congolese children, the repression of rape of minors often proves to be contrary to the best interests of the child. Not only do minors have difficulty accessing justice, but also the fear of reprisals and the impunity of perpetrators of rape of minors is a recurring phenomenon. Alongside the laws and mechanisms which are failing, one of major gaps in the DRC is the cost of a criminal trial. Indeed, without the intervention and assistance of the state, the minor or his parents are incapable of meeting the costs of the procedures. Either the parents prefer to compromise to the detriment of best interests of the child, or they file a complaint but abandon the proceedings, no longer able to pay for the services of a lawyer.
This study therefore confirms the need to strengthen the protection of minors through effective repression of rape of minors. This requires the improvement of standards and mechanisms, as well as the development of alternatives such as legal aid. Significant efforts have been made to protect minors through the establishment of more or less effective laws and more or less effective mechanisms for repressing rape in the best interests of the Child.