Of the consecration and legitimacy of local communities

Article 53 of the Land Law establishes the exclusive ownership of the Congolese State in land matters. As a result land is the exclusive inalienable and imprescriptible property of the Congolese State. This principle of ownership extends to both urban and rural land over which local communities exercise customary land rights. With regard to local community land the land law in question referred to an ordinance of the President of the Republic to regulate the related regime. To date this ordinance has still not been issued. Thus these rights are in a confused and undetermined status. However it is important to determine the modalities of protection of these rights while waiting for the said ordinance.