The flexibility of long-term investment contracts is a benefit to both an investor and the state for mitigating the effect of an unforeseeable event which negatively impacts on the viability of the contract. However, the aspect of sanctity of contract has often prompted rigid provisions with the underlying rationale that this gives investors security and predictability. In contrast, by virtue of the principle of fundamental change of circumstances, new trend has come to life in the field of extractive industries consisting of inclusion in the contract a provision that provides for renegotiation or adaptation of the existing agreement. The reasoning behind the adoption technique is that parties should not be obliged to carry on a performance which would be unjustly onerous or fruitless due to a supervening unregulated event. The main criticism of this approach is that the claim for renegotiating an existing agreement which contains no renegotiation clause or insistence on a third party intervention for adapting such a contract amount to an undue interference. However, the manner in which contracts are negotiated in countries that exhibit poor governance or situation of army conflict challenges this view. The question asked is whether an unfair contract concluded with unelected government or leaders of military factions and subject to corruption can be allowed to survive without being revised. The DRC, realizing this problem, undertook to renegotiate some of its mining contracts with specific objectives, such as; investor respect of legislation, use of local resources, social responsibility clauses, and evaluation of the input of the partners taking into account the equity shareholding with the public party holding not less than 51%. This has resulted in the termination and cancellation of certain contracts. Aggrieved investors filed several proceedings, but they dropped them, privileging an amicable settlement. Besides, the outcome of the renegotiation suggests that Congolese negotiators have not fully achieved the objectives set out at the start of the process. Against this backdrop, the dissertation found that the Congolese mining sector is governed by a broad range of regulations and corresponding supervisory bodies. Constant suspicions of illegally mining exploitation prevail on the sector as a result of the ill enforcement of the aforesaid regulations, corruption and mismanagement. This study also found that renegotiating an existing agreement is a common practice in commercial contracts. Major systems of law have dealt with when they confronted with the issue related to the non-performance of a contractual obligation. The stability of the contractual terms is must but, at the same time, a certain degree of flexibility is necessary to allow parties to adjust their relationship in case of imperfections, cultural differences or supervening of unforeseen events. However, to be effective, the renegotiation mechanism must be regulated for not fuelling unlimited demand of adaptation, therefore, instability of the contract. The renegotiation of mining contacts in DRC was extremely politicised. However, both investor and Congolese sides have benefited from that differently. The Congolese government gave preference to short-term profits result to the expenses of the long-term improvements. By comparison, the majority of investors have secured their assets. Others have even increased them. An examination of the amended agreement that have been disclosed so far reveals that a lot issues remain unresolved, particularly with regard to the reasons that prompted the renegotiation. Moreover, parties to the aforesaid process did not attempt to regulate future demands of adaptation. Based on these findings, the recommendation of the dissertation is that future mining agreements should include a renegotiation clause and regulate the intervention of a third party. The Congolese government should endeavour to lessen political interference throughout mining contract negotiations. It should also build negotiation skills among its representatives involved in that process. Investors should increase among them awareness of corporate social responsibility standards for preventing illegal exploitation of mining resources which, ultimately, results in triggering unilateral contract adjustment. The remaining issues in connection with the amended agreements should be resolved amicably for this approach is more likely to bring mutual satisfaction to both the Congolese state and investors. / Dissertation (LLM)--University of Pretoria, 2013. / Centre for Human Rights / unrestricted

Mining companies operating in developing countries like the Democratic Republic of Congo (DRC) have come under increasing public criticism for not only failing to bring benefits to the country in which they operate but for often making the situation even worse through adverse environmental and social impacts. The particular focus of this treatise is the social division that a new mining project can generate between the operating company and the community living on or near to the mine site. In one area in north-eastern DRC, a large multinational mining company, AngloGold Ashanti, plans to develop a gold mine. While there have been no manifest conflicts between the company and the host community, there is evident latent conflict in the form of uncertainty and mistrust between parties. Although the company is engaged in two different models of companycommunity participation, this has either resulted in or failed to prevent tensions between the company and the local community. This research offers an exploration and discussion of the existing models of company-community participation as a conflict management strategy. With reference to relevant research and literature, as well as other available models for company-community participation, this treatise will provide a series of recommendations as to how the existing models could be made more effective in managing conflict.

This thesis uses a case study of mountain gorilla conservation in Rwanda and the DRC to explore how diverse connections and disconnections influence idea circulation and disseminate different forms of inclusion and exclusion of particular people and groups. It is embedded within a theoretical framework that brings together three bodies of literature on non-governmental organisations (NGOs), transnational networks and ideational power to ask questions about network interactions and what they mean in terms of idea circulation. The thesis addresses three research questions: What do transnational networks look like on the ground; what do (dis)connections look like and what do they mean in terms of idea circulation, inclusion and exclusion; and (how) do transnational networks operate to include and circulate the ideas of more marginalised groups in society? This thesis presents results from a survey of the work of 281 conservation NGOs in sub-Saharan Africa, which maps out the institutional context of mountain gorilla conservation and raises questions about the interactions, equality and inclusiveness of the sector. Having identified mountain gorilla conservation as a suitable case study for this research, the thesis explores the political and environmental history of the Virungas, looking at how the two interact and influence (dis)connections. Using data gathered from semi-structured interviews, this thesis introduces the key actors, structures and processes involved in mountain gorilla conservation in Rwanda and the DRC and explores the connections between them. It shows how connections based on perceptions of expertise, staff movement and the professional and social circles people move in cause certain ideas to be respected and circulated, whilst other people and their ideas are ‘accidentally’ excluded. At the same time ‘strategic’ disconnections, which result from personal and organisational conflicts, can prevent idea circulation and lead to project duplication in some areas and a lack of projects in others. The thesis also examines NGO and state claims that ‘the idea (for interventions) came from the community’. It argues that, with exceptions, in a context of ‘sensitisation’ of communities to conservation and a complex political history, NGOs and states often define community ‘ideas’ themselves and do not typically have processes in place to foster local ideas, potentially excluding some of the more marginalised groups in society.

This dissertation entitled: “Policy Options in The Democratic Republic of the Congo (DRC): An Overview from 1960 to 2006” entails to develop an analytical framework with the intention of looking at various policy options that could guide the leadership in mapping out a roadmap for sustainable development in the reconstruction of the Democratic Republic of the Congo (DRC). The research recognises that suitable policies which can provide solutions for the political and socio-economic problems of the DRC must be sought within the geographic, demographic, religious and ethnic context of that country. Hence, the dissertation departs from the premises that the diagnosis of the solution needed to remedy problems afflicting many African nations such as the Democratic Republic of the Congo begins with the inherent problem of governance. Consequently, the study investigates sources of bad governance and factors which have led to the collapse of a state beginning with the historical consequence of colonialism and the mismanagement by successive regimes. These factors are largely responsible for the decimation of potentially, Africa’s wealthiest nations, reducing them to being amongst the poorest in the world. Beyond the context of the continental policies, the dissertation examines the Democratic Republic of the Congo’s own Post Conflict and Reconstruction policy. Also for consideration is the areas of priority that needs focussing on if a post conflict and reconstruction policy is to be successful. This includes ensuring that peace and security prevails by stabilising the country through the reform of the security sector. Security in this context must be understood in its broad format which includes human security. On the other hand, the study also presents the argument that policies alone are not sufficient to create a functioning state that is of service to its people. For the future and prosperity of the Congo, it is essential not only to have the correct policies only, but also a leadership, at all levels, that will embrace and implement them. / Dissertation (MAdmin)--University of Pretoria, 2009. / School of Public Management and Administration (SPMA) / unrestricted

The DRC has recently embarked on a new SEZ project. The country does not have a history of success with SEZs, however, much like other African countries. This paper investigates the past and current legal frameworks governing SEZs in the DRC, in an attempt to identify their weaknesses and strengths, with the ultimate goal of finding room for improvement and preventing the failures from the past from occurring again. Because the DRC cooperates closely with South Africa on SEZ regulation, the paper also delves into the South African experience, to see whether the DRC can already draw lessons from South Africa. The study then formulates a number of recommendations including that a new fiscal and non-fiscal incentive framework should be established. / Dissertation (LLM)--University of Pretoria, 2014 / gm2015 / Centre for Human Rights / LLM / Unrestricted

In 2012, a new monkey species, Cercopithecus lomamiensis (lesula), was discovered in the Central Congo basin. Lesula is a semi-terrestrial rainforest guenon endemic to the area. Using a systematic grid approach, three terrestrial camera trap surveys (two inside the Lomami National Park; one in the buffer zone) were conducted over three years to capture the cryptic species. The objectives of my study were to expand knowledge on the behavioral ecology of lesula and evaluate lesula’s sensitivity to hunting threats. The main findings from my study included: confirmation of terrestriality and diurnality, births clustering during the wet season, social group living of one male and multiple females, and high impact of hunting on group size. By studying the latest added species to the Cercopithecini tribe, my thesis helps to better understand the ecological diversity occurring within this radiation of African primates and contributes to the species’ long-term conservation efforts. / Includes bibliography. / Thesis (M.S.)--Florida Atlantic University, 2020. / FAU Electronic Theses and Dissertations Collection

The Democratic Republic of Congo (DRC) has been ravished by internal conflicts for the past two decades. These conflicts have come at a great cost to the people of the DRC, often resulting in a number of human rights atrocities. These atrocities range from the loss of life, resulted in internal displacement and creation of refugees’ communities, as well as the destruction of property and infrastructure , all contributing to prevailing conditions of poverty and deep societal divisions. While there are many underlying factors that fuel these conflicts, the key drivers of the conflict are linked to the unequal distribution of the DRC’s national resources and the mismanagement of public services. Intense frustration and a sense of helplessness to change the status quo have repeatedly manifested itself in a cycle of war and ethnic cleansing. In this regard, the pattern of conflicts has been the manifestation of the frustration of the Congolese people as a whole. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010. / A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof. Nico Steytler at the Faculty of Law, University of the Western Cape, Cape Town, South Africa. 2010. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

No abstract available / Dissertation (LLM)--University of Pretoria, 2012. / Centre for Human Rights / unrestricted

The thesis demonstrates that the first Methodists missionaries to their arrival in Mulungwishi, unlikely did not penetrate the culture of the Bemba people and merely rejected everything that they could not understand because it was considered as heathen. As result, the missionaries’ contempt of the Bemba’s worldview and their fundamental values led to the proselytism and the syncretism. The study figures out the tension between the Gospel presented by the United Methodist Church and the Bemba Culture. Evidently, God (Supreme Being, Creator) had been known and worshipped before the expansion of the first missionaries in Mulungwishi and in the Democratic Republic of Congo at large. Much has been said and done on the contextualization venture through different models and assumptions. Arguably, this missiological study agrees with the eminent scholars’ stream that defends the pre-eminence of the word of God toward all cultures. This led the study to evaluate the missional tools and strategies used by the United Methodist Church missionaries to touch the culture of the people in depth and empower the Christian mission in Mulungwishi. Least has been done for the community development facing the unstable economic, social, and political context of the Democratic Republic of Congo. The Church still have a long way to go on the social mandate. The solution is to be originated in the theology of reconstruction (Kalemba 2008; Mugambi 1999, 2003; Maluleke 2002; Kä Mana 1999, 2002, etc.) which works out that it is possible to rebuild the Congolese society explicitly to its best image by teaching the gospel that touches the roots of the evils and lead the people to the proper change of mentality. Then, the thesis underlines the necessity of contextualisation of gospel and missional theology for good accomplishment of Christian mission everywhere. / Christian Spirituality, Church History and Missiology / Ph. D. (Theology)

A dissertation submitted to the Faculty of Arts in fulfilment of the requirements for the degree of Master of Arts (Political Science) in the Department of History at the University Of Zululand, South Africa, 2015 / Sub-Saharan Africa has been faced with an increase in levels of intra-state armed conflict since the last century. Intra-state conflicts have not only shown to be complex by their very nature, but have also shown numerous challenges in finding a solution that could be applied in an effective manner to bring about a guaranteed lasting solution. It is on this basis that interest and attention has been given to the transitional processes from conflict to peace. The conflict transformational process of two dissimilar countries, the Democratic Republic of Congo (DRC) and the Republic of South Africa form a case study for understanding this quagmire. The transitional negotiations of the DRC from 2003–2006 and that of South Africa from 1991–1994 are the cases in point. The major issues for conflict resolution therefore includes understanding transitional negotiations as a vital process that can make or mar lasting peace in conflict prone areas. This research questions includes; Does citizen participation in transitional negotiations impact on sustainable peace in post- conflict societies? Given the vested interests and the often conflicting interests of various citizen groupings, does citizen participation create stability in the negotiation process for the purpose of creating a sustainable peace, or does it create a greater possibility of non-agreement and regression into conflict? Is it possible to obtain peace in countries that are complex political emergencies where elite interests are outweighing and civil liberties and interests are compromised? How do mediators overcome the problem of self-serving elites in transitional negotiations? Using the post-conflict DRC and South Africa as case studies and for comparative analysis, how can the differences in their outcomes be aggregated? This study is a mix of explanatory and exploratory research. Qualitative methods were used in the research. An expert sampling technique was adopted to conduct interviews in order to represent the different perspectives and theories of the outbreak of conflicts and violence. The principal theories that the study was based on are the Protracted Social Conflict Theory and the Transformative Cosmopolitan Theory. The study hypothetically argues that the paucity of or inclusion of citizens in transitional negotiations can either lead to sustainable peace in post-conflict societies or regress to a conflict stricken society. It also gauged the relations between the state and civil society organizations in working with citizens in order to avoid local conflicts that can interrupt negotiation processes. It expounds on the relationship between the interests of the political elites and the interests of the citizens. This study has determined that the lack of citizen participation in transitional negotiations does impact negatively on sustainable peace in post-conflict societies. In both case studies, it was shown that conflict has continued at the local level. The study has shown further that an inclusive approach to negotiations as well as peace building in post-conflict societies can be beneficial to the state, as there would be sustainable peace. Where mediators have been unable to balance the interests of the self- serving elites and needs of society, the failure has led to high intensity conflicts such as the local conflicts in the DRC becoming independent of the national level, thus making them difficult to resolve.