Constitutional Incorporation of the (Collective) Freedom to Govern Mineral Wealth: Comparing the Democratic Republic of the Congo and the Republic of Zambia

2020 ◽  
Vol 28 (1) ◽  
pp. 1-29
Author(s):  
Alexandra Carleton
Keyword(s):  
Natural Resources ◽  
Democratic Republic ◽  
Mineral Wealth ◽  
The People ◽  
Republic Of The Congo ◽  
The Republic

Constitutionalism may be gaining ascendancy in many countries in Africa. Yet thorough investigation of the extent to which current constitutions accord to the people their internationally recognised right to governance of their mineral wealth under Article 1(2) of the ICCPR has been lacking. Understanding the existing framework of rights which may support claims to land and natural resources is important. Constitutions of the Democratic Republic of the Congo and the Republic of Zambia demonstrate the reality of multiple, overlapping land interests and the limitations upon a people's claim to freely govern their mineral wealth.

Conflicts in Biafra, Katanga and Cabinda as a result of the geopolitical legacy of colonialism

2020 ◽  
Vol 2020 (10-3) ◽  
pp. 238-246
Author(s):  
Olga Dzhenchakova
Keyword(s):  
Democratic Republic ◽  
Economic Factor ◽  
Colonial Period ◽  
Sub Saharan Africa ◽  
Negative Consequences ◽  
Post Colonial ◽  
Republic Of The Congo ◽  
Sub Saharan ◽  
The Republic ◽  
The Impact

The article considers the impact of the colonial past of some countries in sub-Saharan Africa and its effect on their development during the post-colonial period. The negative consequences of the geopolitical legacy of colonialism are shown on the example of three countries: Nigeria, the Democratic Republic of the Congo and the Republic of Angola, expressed in the emergence of conflicts in these countries based on ethno-cultural, religious and socio-economic contradictions. At the same time, the focus is made on the economic factor and the consequences of the consumer policy of the former metropolises pursuing their mercantile interests were mixed.

Implications of the 2012 U.S. Election for U.S. Policy in Africa’s Great Lakes Region

2013 ◽  
Vol 56 (2) ◽  
pp. 185-191
Author(s):  
Georges Nzongola-Ntalaja
Keyword(s):  
United States ◽  
Natural Resources ◽  
Great Lakes ◽  
Democratic Republic ◽  
The United States ◽  
Great Lakes Region ◽  
Security Sector ◽  
White House ◽  
Republic Of The Congo ◽  
The U.S

Abstract:While Africans are generally satisfied that a person of African descent was reelected to the White House following a campaign in which vicious and racist attacks were made against him, the U.S. Africa policy under President Barack Obama will continue to be guided by the strategic interests of the United States, which are not necessarily compatible with the popular aspirations for democracy, peace, and prosperity in Africa. Obama’s policy in the Great Lakes region provides an excellent illustration of this point. Since Rwanda and Uganda are Washington’s allies in the “war against terror” in Darfur and Somalia, respectively, the Obama administration has done little to stop Kigali and Kampala from destabilizing the Democratic Republic of the Congo (DRC) and looting its natural resources, either directly or through proxies. Rwanda and Uganda have even been included in an international oversight mechanism that is supposed to guide governance and security sector reforms in the DRC, but whose real objective is to facilitate Western access to the enormous natural wealth of the Congo and the Great Lakes region.

scholarly journals Who is Responsible for Instability in the Democratic Republic of Congo?

2014 ◽  
pp. 29-36
Author(s):  
G. M. Sidorova
Keyword(s):  
Natural Resources ◽  
Democratic Republic ◽  
Central Government ◽  
Democratic Republic Of Congo ◽  
Raw Material ◽  
Political Crisis ◽  
Armed Groups ◽  
Long Time ◽  
The Usa ◽  
Republic Of The Congo

The research focuses on the problem of military-political instability in the Democratic Republic of the Congo experiencing continued armed conflict for a long time. Dozens of illegal armed groups both Congolese and foreign origin continue to destabilize situation in the eastern part of the country causing humanitarian disasters. Due to governmental weakness, economic backwardness, chronical lack of finance resources, interethnic conflicts, all-round and widely spread corruption of the authorities, the Congolese government at the moment is not able to overcome scores of problems including the problem of security. Assistanceprovided to the DRC by itspartnerssuch as, first of all, the former metropolitan country Belgium, as well as the USA, Great Britain, the Europe Union and China works only in favourof these country-donors. They are attracted by rich Congolese natural resources which the DRC remaining one of the poorest countries in the world cannot turn to advantage to the full extent because of its economic backwardness. In exchange for so-calleddevelopment programmes, expensive strategic raw material (such as coltan, wolfram, casseterit, cooper, gold, niobium, and other) is being extracted and exported from the country, in addition, often on the inequivalent basis. This is taking place for the reason that numerous mines and open-cast mines are being controlled by different illegal armed groups and not by the central government. Therefore, it turns out that in the context of a military-political crisis, for so-called partners it is more beneficial to pursue their own interests. Furthermore, western ideologists arouse "separatism-oriented" theories similar to "balkanization", in other words, a breakdown of this giant country into several independent states. The Congolese are tremulous to this issue, they try to counter such approachs and defend the territorial integrity of the DRC. However, it is not an easy task. The impediment is unsettled relations with neighbouring countries - Rwanda, Uganda and Burundi which for tens of years exploit illegally natural resources of the DRC and try to lay hold of frontier Congolese territories.

scholarly journals Indices of Bad Governance by African Political Leaders: The Case Study of Central African Republic, Democratic Republic of the Congo and Uganda

2021 ◽  
Vol 4 (1) ◽  
pp. 1506-1514
Author(s):  
Blaise Ngambinzoni Kombeto ◽  
Romain Bakola Dzango ◽  
Modeste Ndaba Modeawi ◽  
Gédéon Bongo Ngiala ◽  
Muhammad Ridwan ◽  
...  
Keyword(s):  
Democratic Republic ◽  
Modern Society ◽  
The Novel ◽  
Political Leaders ◽  
The People ◽  
Democratic State ◽  
Republic Of The Congo ◽  
The Government ◽  
The Individual

Marcel SONY LabouTansi, the author of the novel "The Shameful State", denounces the dictatorial system often practiced by most African leaders in the management of the "res publica". He paints the barbarity of man in relation to his fellow man. It also presents the duality between the traditional society characterized by democracy, peace ... and the modern society based on dictatorship in which the government behaves as a state, as absolute master, and the governed in the eternal "- mute", "voiceless". It invites the recipients to renounce to the bad principle in order to establish democracy, a system that respects the individual freedom of the people, that of human rights, of professional promotion for the harmonious development of a sovereign and democratic State. The novel "The Shameful State" unfolds the spiral of the unpleasant reign of a megalomaniacal, criminal and lustful president, Colonel Martillimi Lopez, who "shamefully" manages power and ends with the crying and gnashing of his constituents' teeth. After having committed: pedophilia, adultery, assassination of opponents, he was deposed by his relatives who created an insurrection and was forced to hand over power to civilians to return to his native village.

II. Cases before the Court

2007 ◽  
Vol 56 (3) ◽  
pp. 708-712
Author(s):  
J Craig Barker
Keyword(s):  
International Law ◽  
Democratic Republic ◽  
Democratic Republic Of Congo ◽  
Good Faith ◽  
The Public ◽  
Time Limits ◽  
Republic Of Guinea ◽  
Public Hearings ◽  
Republic Of The Congo ◽  
The Republic

1. Gabčíkovo-Nagymaros Project (Hungary/Slovakia)On 2 July 1993, in pursuance of a Special Agreement of 7 April 1993, Hungary and Slovakia requested the Court to determine certain issues arising out of the implementation and termination of a 1977 Agreement on the construction and operation of the Gabčíkovo-Nagymaros barrage system. In its judgment of 25 September 199790 the Court found both States to be in breach of their obligations and called on them to negotiate a settlement in good faith.91 On 3 September 1998 Slovakia filed a request for an additional judgment, arguing that Hungary was unwilling to implement the judgment92 and it was subsequently agreed that Hungary would file a written statement of its position regarding this request by 7 December 1998.932. Ahmadou Sadio Diallo (Republic of Guinea v Democratic Republic of the Congo) Guinea instituted proceedings against the Democratic Republic of Congo on 28 December 1998 alleging grave breaches of international law perpetrated upon a national of Guinea. By an order of 25 November 199994 the following time limits were set for the submission of written pleadings: Republic of Guinea, memorial, 11 September 2000; Democratic Republic of the Congo, counter-memorial, 11 September 2001. By an order of 8 September 200095 these were extended to: Republic of Guinea, memorial, 23 March 2001; Democratic Republic of the Congo, counter-memorial, 4 October 2002. On 3 October 2002 the Democratic Republic of the Congo filed preliminary objections to the admissibility of the Application and in an order of 7 November 200296 the Court fixed 7 July 2003 as the time limit for submission of written observations by the Republic of Guinea. On 18 July 2006, the Court set 27 November 2006 as the date for the opening of public hearings on preliminary objections in relation to the case.97 The public hearings concluded on 1 December 2006 at which time the Court commenced its deliberations.98 The Court gave its decision in the case on 24 May 2007.99

Interview with Lieutenant General Babacar Gaye

2013 ◽  
Vol 95 (891-892) ◽  
pp. 485-493
Keyword(s):  
Democratic Republic ◽  
Future Evolution ◽  
Desert Storm ◽  
Peacekeeping Operations ◽  
Military Commander ◽  
Republic Of The Congo ◽  
The Republic ◽  
Peace Enforcement ◽  
The One ◽  
Peacekeeping Missions

The spectrum of peacekeeping operations has grown increasingly broad and has come to include various – and sometimes simultaneous – dimensions, such as conflict prevention, peacekeeping, peacemaking, peace enforcement and peacebuilding. With the ascendancy of more robust peacekeeping mandates, such as the one assigned by United Nations (UN) Security Council Resolution 2098 to the UN Organisation Stabilisation Mission in the Democratic Republic of the Congo (MONUSCO), there is a need to analyse thoroughly the complexity of the contexts in which peacekeepers are deployed today, the rules applicable to their engagement, and the modalities they can introduce to adapt to new realities. In this interview, the Review sought the opinion of a distinguished military commander and strategist on the future evolution of peacekeeping missions.Lieutenant General Babacar Gaye has been the serving UN Military Adviser for Peacekeeping Operations and Head of the Office of Military Affairs for the past three years. He has exercised command responsibilities at all levels of the military hierarchy and has been among the privileged officers to lead the Senegalese military. Besides his participation in Operation Fode Kaba II in Gambia and the conduct of several campaigns in Casamance, Senegal, General Gaye has taken part in UN operations in Sinai, Lebanon, and Kuwait, where he commanded the Senegalese battalion during Operation Desert Storm. His experience also includes a tour of duty of more than five years in the Democratic Republic of the Congo as MONUC/MONUSCO Force Commander. Prior to that, he served as Ambassador of the Republic of Senegal to Germany, Austria, and the organs of the UN in Vienna. General Officer of the Armoured Cavalry branch, General Gaye is a graduate of the prestigious Saint-Cyr military academy and the Ecole Supérieure de Guerre of France.

scholarly journals KEBIJAKAN PENANAMAN MODAL ASING (PMA) DAN DAMPAK KEDAULATAN BANGSA

2020 ◽  
Vol 5 (1) ◽  
pp. 84
Author(s):  
Sirwanto Sirwanto
Keyword(s):  
Natural Resources ◽  
Large Population ◽  
Domestic Investment ◽  
The People ◽  
Foreign Intervention ◽  
Catch Up ◽  
The Republic ◽  
The Government ◽  
The Cost ◽  
Vast Territory

Abstract: Indonesia in carrying out development requires a very large capital, because of the vast territory and a very large population. But in fact Indonesia has the potential of natural resources (SDA) which is very large too, if the potence can be managed solely for the interests of the people as mandated in article 33 of the 1945 Constitution of the Republic of Indonesia. To accelerate the management of these natural resources, the government need investment both from within the country, and from foreign investment (PMA). Because domestic investment is relatively small compared to the cost of managing natural resources, while this nation must catch up with other nations, PMA is a very possible alternative to this, even though it is very risky for foreign intervention to sovereignty of the country. For this reason, the government must make clear and impartial regulations, consistent with these regulations and have a good political will, so that problems can be overcome and the sovereignty of the nation and state is maintained, so that this nation will advance equally with the nations other majalis nation.Keywords: PMA, Government, Sovereignty and investment

scholarly journals The Impacts of Civil-Military Cooperation Programmes on Human Security and Peacekeeping in Timor-Leste

2019 ◽  
Vol 3 (6) ◽  
pp. 16-22
Author(s):  
Keyword(s):  
Democratic Republic ◽  
Human Security ◽  
Nation State ◽  
Military Cooperation ◽  
Sovereign State ◽  
The People ◽  
Humanitarian Interventions ◽  
Timor Leste ◽  
The Republic

Civil-Military Cooperation (CIMIC) between two countries is based on the law and regulation of each country in order to achieve respective national political goal and agendas. In this case study, the Democratic Republic of Timor-Leste (or well known as “Timor-Leste”) nation state which was established on 28th November 1975 and the formation of the nation was the results of persistent and struggle of the people. They had struggled for as long as 450 years before obtained united, independent nation and sovereignty. After nine days of independence, on the 7 th December 1975, Indonesia asserted that Timor-Leste was the 27th province of the Republic of Indonesia. This incident took place after the withdrawal of the Portuguese colonies. However, Timor-Leste restored their independence on 20th May 2002 which was after 25 years of Indonesian occupancy. In this context, United Nations (UN) internationally recognized Timor-Leste as sovereign State and thereafter the 192th member state of the UN. The study islimited to the impacts of CIMIC programmes towards the Timor-Leste people. Besides that, limitation of data collection has emerged due to ADF’s reluctance to provide details and information which is related to the programmes conducted in certain period of time which has taken place from 1999 to 2006. This research is significant on the issues of human security, peacekeeping and CIMIC programmes in Timor-Leste. The lessons learnt from the ADF operations in Timor-Leste which could contribute to the policy planners of humanitarian interventions in other missions ahead in the future.

scholarly journals Penguasaan Negara terhadap Pemanfaatan Sumber Daya Alam Ruang Angkasa Menurut Undang-Undang Dasar Negara Republik Indonesia Tahun 1945

2019 ◽  
Vol 16 (2) ◽  
pp. 235
Author(s):  
Athari Farhani ◽  
Ibnu Sina Chandranegara
Keyword(s):  
Natural Resources ◽  
Natural Resource ◽  
Outer Space ◽  
Secondary Data ◽  
The State ◽  
Research Issues ◽  
Library Research ◽  
The People ◽  
The Republic ◽  
International Conventions

Pasca amandemen UUD Negara Republik Indonesia 1945 Pasal 33 ayat (3) yang berbunyi “Bumi, air dan kekayaan yang terkandung di dalamnya dikuasai oleh negara dan dipergunakan sebesar-besarnya bagi kemakmuran rakyat” penguasaan negara yang ada dalam Pasal 33 ayat (3) tersebut hanya mengatur pada bumi, air dan yang terkandung di dalamnya. Padahal saat ini keberadaan ruang angkasa berhubungan erat dengan hajat hidup orang banyak, salah satunya pemanfaatan GSO (geo stationary orbit) yang merupakan sumber daya alam terbatas. Sehingga hal tersebut menimbulkan masalah baru khususnya bagi Indonesia sebagai negara khatulistiwa yang mana penempatan GSO berada di atasnya. Masalah tersebut adalah bagaimana internalisasi terkait konsep penguasaan negara menurut Pasal 33 ayat (3) UUD NRI 1945 terhadap pemanfaatan sumber daya alam yang ada dalam wilayah ruang angkasa, serta bagaimana regulasi-regulasi yang mengatur terkait pemanfaatan sumber daya alam di wilayah ruang angkasa apakah sudah sesuai dipergunakan sebesar-besarnya bagi kemakmuran rakyat. Dalam penelitian ini digunakan metode penelitian analisis kualitatif. Hasil dari penelitian ini memberikan gambaran bahwa keberadaan ruang angkasa memiliki peranan penting bagi setiap negara, khususnya keberadaan GSO sebagai sumber daya alam terbatas, keberadan GSO hanya ada di atas khatulistiwa dan Indonesia salah satu negara yang dilalui garis khatulistiwa. Beragam konvensi internasional yang telah disahkan ke dalam peraturan di Indonesia maupun regulasi yang ada di Indonesia berkenaan dengan pemanfaatan ruang angkasa sampai saat ini belum memberikan manfaat dan pengaturan yang komprehensif terkait memanfaatkan sumber daya alam yang terkandung dalam wilayah ruang angkasa tersebut, sehingga menjadi suatu keharusan bagi Indonesia sebagai negara yang berdaulat untuk memberikan jaminan secara konstitusional bagi keberadaan sumber daya alam yang ada dalam wilayah ruang angkasa untuk dipergunakan sebesar-besarnya bagi kemakmuran rakyat.After the amendment to the 1945 Constitution of the Republic of Indonesia Article 33 paragraph (3) that stated "The land, the water and the natural resources within shall be under the powers of the State and shall be used to the greatest benefit of the people" the state authorities in Article 33 paragraph (3) only regulates earth, water and and the natural resources within. Whereas today, the existence of the outer space is closely associated with the lives of many people, as such, the utilization of GSO (Geostationary Orbit) which is a limited natural resource. So that it rises new issues, especially for Indonesia as an equatorial country where the placement of GSOs is above it. The problem is how to internalization the utilization of natural resources in outer space (related to the concept of state authorities according to Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia), and how the regulation that regulates the utilitazion of natural resources in outer space are appropriately used to the greatest benefit of the people. This study aims to answer these two issuess by investigating normatively or library research. This law research conducted by analyzing secondary data from primary, secondary and tertiary materials. In this qualitative analysis research, the secondary data from primary, secondary and tertiary materials connected to each other and interpreted in order to find answers to solve the research issues. The results of this study provide an overview about the existence of outer space which has an important role for every country, especially the existence of the GSO as a limited natural resource. GSO only exists above the equator and Indonesia is one of the countries which is passed by the equator. International conventions that have been ratified into Indonesian regulations and regulations in Indonesia relating to the utilization of outer space have not provided a comprehensive benefits and regulations related to utilizing natural resources contained in these outer space areas, so that it becomes a necessity for Indonesia as a sovereign country to provide constitutional guarantees for the existence of natural resources that exist in the outer space to be used as much as possible for the prosperity of the people.

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