The implementation of the nature conservation project in the Democratic Republic of Congo has caused upheaval among indigenous communities in the wake of the decision to evict them from their land without compensation or indemnification. However, in addition to the proposed law on the protection and promotion of the rights of indigenous peoples in the DRC, which is currently being drafted in parliament and which will have to be promulgated by the President of the Republic, the Democratic Republic of Congo has ratified several international legal instruments relating to human rights and, by extension, to the rights of indigenous peoples, in which the Principle of Free, Prior and Informed Consent is expressed in various ways. This principle calls for the participation of indigenous peoples at two levels: at the level of decision-making that may affect their right to the environment, but also at the level of policy-making aimed at protecting the environment, as local knowledge is indispensable. However, despite the existing legal order, the implementation of this environmental justice of indigenous peoples seems to be ineffective. The greatest challenge remains its implementation. Many agree that international human rights law is even better when it comes to environmental protection. Some point out that environmental protection can be a condition for the enjoyment of other human rights. In addition to the right to the environment, indigenous peoples have the right to enjoy their territories, lands and natural resources; but they also have the right to participate in environmental protection. The fact remains that legislative and judicial weaknesses remain major obstacles to the effectiveness and efficiency of environmental justice for indigenous peoples, for whom legal and judicial reform remains a panacea. To this end, it would be more appropriate to accelerate the process of promulgating the law on the protection and promotion of the rights of indigenous peoples, in which their status must be well defined. This will give them standing to sue in the future. The interdisciplinary nature of environmental law also requires the creation of chambers specialising in environmental law within the Congolese judicial system
Received 20.01.2022
Revised 29.04.2022
Accepted 01.06.2022
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