The promises and realization of the right to development in the Democratic Republic of the Congo

Balingene KAHOMBO

doi:10.5771/2363-6262-2020-3-391

Contents
- Chapter Expand | CollapseAuthorsPage
- 377–378 Titelei/Inhaltsverzeichnis 377–378
- 379–380 Foreword Stefanie Rothenberger, Hartmut Hamann Stefanie Rothenberger, Hartmut Hamann 379–380
- 381–390 Decoloniality, ubuntu and human rights in South Africa: a bridge to social justice Allison GEDULD Allison GEDULD 381–390
- 391–412 The promises and realization of the right to development in the Democratic Republic of the Congo Balingene KAHOMBO Balingene KAHOMBO 391–412
- 413–423 Legal framework of tax income in DRCongo: obstacles and challenges in collecting taxes and duties, parliamentary and judicial control. Adolphe KILOMBA SUMAILI Adolphe KILOMBA SUMAILI 413–423
- 424–438 Regulation of Property Tax in Tanzania: Legal and Administrative Challenges Hanifa T. MASSAWE Hanifa T. MASSAWE 424–438
- 439–447 Rules of state budget in Tanzania: control mechanisms and legal challenges to enable state activities. Magdalena SYLISTER Magdalena SYLISTER 439–447
- 448–462 The State’s obligations to provide public health institutions with sufficient medical equipment and to ensure continuing training of medical personnel in the Democratic Republic of the Congo: a case study of the health centre Lukula Mumbanika MBWISI DADY Mumbanika MBWISI DADY 448–462
- 463–472 Economic development through the dairy sector: analyzing the legal protection frameworks Hannah WAMUYU Hannah WAMUYU 463–472
- 473–482 Infrastructure projects in Tanzania: Obstacles and Challenges to improve infrastructure Irene Joshua NDOSSY Irene Joshua NDOSSY 473–482
- 483–495 A perspective on utilizing legal frameworks to obligate service providers to protect human rights in Malawi: A Case of the Mandatory Provision on Pro Bono Services under the Legal Education and Legal Practitioners Act, 2018 Grace MTAWALI Grace MTAWALI 483–495
- 496–496 Impressum 496–496
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KAS African Law Study Library , page 391 - 412

The promises and realization of the right to development in the Democratic Republic of the Congo

Autoren

Balingene KAHOMBO

DOI
- doi.org/10.5771/2363-6262-2020-3-391
- ISSN online: 2363-6262
Abstract

This paper examines, from a legal and socio-economic perspective, how the right to development materializes its promises and realization in the Democratic Republic of the Congo (DRC). In this regards, it analyzes its incorporation in the Congolese legal order, defines its constituent elements, and the measures which have been adopted to implement the constitutional framework. It also identifies challenges to the right to development in the DRC and permissive conditions for its effective enjoyment. The main conclusion is that the right to development enshrined in the Congolese law remains more a matter of claims and aspirations than a tangible reality reflecting an increase in the quality of life of the Congolese people. Obstacles to the realization and enjoyment of the right to development include the adverse effects of capitalist liberalism, the extraversion of Congolese development policies, and the culture of predation which dates back to the colonial period. The Congolese leadership has a historic responsibility to trigger or impose the much needed change. This will require not only the integration of the DRC’s international commitments in its domestic development policies based on an internal dynamic putting Congolese at the center of every socio-economic initiative, but also a state which has effective authority over its territory to defend the rule of law, is more interventionist so as to stop the current intentional destruction of the country, and promotes ethical behaviours in public services.
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