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Despite a recent law recognizing and protecting the rights of Indigenous Peoples, the post-independence laws of the Democratic Republic of Congo (DRC) have dispossessed, and continue to dispossess, Indigenous Peoples of their customary land rights. Collective and customary property rights are enshrined in the DRC Constitution; however, in practice there is little to no recognition or protection. This is because land statutes work in cross-cutting ways to deny Indigenous Peoples the formal legal title to their traditional lands, and without title they are vulnerable to dispossession by development or conservation. In the absence of a land tenure system establishing clear collective ownership rights, “community forests” represent an alternative strategy or pathway for Indigenous Peoples to secure their customary rights over their forests and their lands (the local communities’ forest concessions, CFCLs). Despite some successful cases of securing land tenure through the CFCLs, inaccessible legal requirements and difficult procedures make these a problematic pathway for land justice. This chapter sets out recommendations for strengthening land tenure and CFCLs.
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