CONCEPTUAL FRAMEWORK OF THE LEGAL SCHEME FOR OBTAINING A LAND CONCESSION FOR PUBLIC USE FOR GOOD ENVIRONMENTAL GOVERNANCE

ABSTRACT According to MALDANGUE (2001), sustainable development is only possible if local authorities have the necessary powers and skills. This scientific article follows this logic and provides, in a clear, concise, scientific, and schematic manner, the legal procedure for obtaining a land concession for public or private use in the Democratic Republic of Congo, which ensures environmental protection and land-use planning.To allow informed readers to fully grasp the fundamental concern of this article, we have considered a concrete case: the land concession requested by ISTM/KIN for public use, located in the Funa Valley in the Mont Ngafula commune of the city-province of Kinshasa.In practice, the article begins with the operational definition of basic concepts before the actual analysis of the procedure. A clear and precise explanatory diagram summarizes the legal procedure for obtaining a land concession in the Democratic Republic of Congo and its foreseeable consequences for the environment and land-use planning. The field results confirm our hypothesis that failure to comply with the legal procedure for obtaining a land concession for public or private use has a significant impact on environmental governance and land-use planning.The study identified, among the environmental disruptions, numerous land disputes, the proliferation of unauthorized construction and slums, poor waste management, various forms of erosion due to inadequate stormwater management, and non-compliance with urban planning standards. A conclusion and several recommendations for public authorities, ISTM/KIN, and other stakeholders conclude our study.