Legal Challenges Related to the Mining Royalty of Provinces and Territorial Communities in Congolese Law

The DRC is rich in mineral resources, making it a country of mining interest. However, the management of mining royalties poses several legal challenges, particularly with regard to the distribution of revenue between the central State and the provinces or even decentralized local authorities. The legal framework governing mining royalties in the DRC is established by the 2002 mining code amended in 2008 as well as several other regulations. This code defines the obligations of mining operators as well as the methods for collecting and distributing royalties. Provinces have a crucial role in managing these resources, but their capacity to collect and manage these funds is often limited by legal and administrative shortcomings. This work therefore aims to propose possible solutions to improve the governance of mining revenues and avoid inter- and intra-institutional conflicts. Legislative reforms may be necessary to clarify rights and responsibilities at the central, provincial and ETD levels, while also strengthening their administrative capacity.