Grosskopf, M. Greene, W. Hermes, M. Kipesha, E. Kirjavainen, T. Kobou, G. Kohers, T. Labie, M. Lapenu, C. Luoma, K. Jarvio, I. Navajas, S. Scheiner, L. Meyer, C. Rochiquez — Meza J. Otero, M. Schepers, D. Journal of Business Ethics Stiglitz, E. Tulchin, D. Woller, G. Qui offre des produits de microassurance? Cet input constitue le plus important. En observant le bas du Tableau Tableau Albert-Angers, F. Aliber, M. Amara, N. Ambapour, S. Banker, R. Bekolo Ebe, B. Bertelet, N. Bouman, F. Churchill, C.
Liber, M. Coelli, T. Cohen, M. Conning, J. Debaig, G. De Bock, O. ILO: Geneva. Debreu, G. Emrouznejad, A. Germidis, D.
Constitution de la République démocratique du Congo
Gregoriou, G. Henry, A. Herroro, I. Hulme, D.
Mosley , Finance against Poverty , Routledge, Londres. Johnson, B. Sheely eds Kamdem Bukam, E. Malmquist, S. McCord, M. Steinmann, C. Tatin-Jaleran, M. Ingram and M. Working Paper. Modigliani, F. Pichette, C. Rietsch, C. Townsend, R. Vogel, C. Adams,, H. Graham and J. Figure Cette tendance est plus forte chez les entrepreneurs femmes comparativement aux entrepreneurs hommes. Aggarwal, S. Berger, A. Elsevier Science B. Bourguignon, F. Turnovsky eds , Inequality and Growth. Theory and Policy Implications.
Boungou Bazika, J-C, B. Makosso, J. Brown, M. Deininger, K. Diata, H. Dollar, D. Jakiela, D. Karlan, D. Khandker, Shahidur R. Makosso, B. Meza, D. Webb Montgomery, H. Mosley, P. Pitamber, S. Ravallion, M.
Robinson, M. Sahn, D. Shaw, J. Simanowitz, A. Van Tassel, E. This paper explores correlates of credit access, effects of credit on economic wellbeing, and potential disparity in responses by sources of wellbeing, location and gender, while controlling for other correlates. We used the Cameroun household consumption survey and a range of survey-based econometric methods that purge parameter estimates of potential intra-cluster correlation, endogeneity and sample selection bias. Access to credit is strongly associated with household economic wellbeing irrespective of source of wellbeing.
Credit correlates significantly with economic wellbeing in rural areas, but not in urban areas; whereas education associates strongly with economic wellbeing in urban areas, but not in rural areas. The implication is that rural wellbeing is more contingent on credit access than being educated, while urban wellbeing derives more from being educated than having credit access. Both credit access and education are significantly associated with wellbeing in male headed households, whereas only education correlates significantly with household wellbeing in female headed households.
The implication is that while male headed households rely on both credit access and education to boost wellbeing, their female counterparts appear to relie more on being educated than having credit access. The impact of credit can be enhanced by accompanying measures such as availability of sufficient funds, quality services by lenders, physical infrastructure, healthcare and training. Many studies show that by providing low-income households with access to financial services, the service providers help to improve their productivity and management skills, create jobs, smooth income and consumption flows, enlarge and diversify their businesses, and increase their income and other benefits, such as healthcare and education Morduch, ; Gulli, ; Khandker, ; Pitt and Khandker, ; Zeller, ; ADB, ; Parker and Nagarajan, ; Robinson, ; Khandker, ; Khandker and Faruque, ; Coleman, ; Morduch and Haley, ; Khandker, Participants in microfinance institutions are, therefore, expected to accumulate more assets and to enjoy increased household incomes, better nutrition and health, the opportunity to achieve higher levels of training, a decrease in vulnerability to economic shocks, greater empowerment, and in some cases, the opportunity to completely lift themselves and families out of poverty.
In this regard, microfinance has been the focus of development and poverty reduction activities for some time now Khandker, , yet because of the conflicting evidence from empirical studies policy analysts and political entrepreneurs still know relatively little about the extent of poverty reduction possible through microfinance institutions.
Paramount among the limitations of the existing studies is the absence of a coherent econometric methodology that would make empirical findings more robust and valid for policy purposes. Differences in research methodology and data quality seem to account for differences in research findings. In particular, endogeneity, sample selection and intra-cluster correlation concerns are generally not accounted for in econometric studies that attempt to assess the impact of credit on the poverty status of households.
This lack of empirical rigour reduces the relevance of findings for policy purposes. Empirical studies to guide on the actual impact of micro-credit using Cameroonian data are simply unavailable. In particular, this paper seeks to address the following questions: 1 what impact does microfinance have on household economic wellbeing?
The main objective of this study is to evaluate the extent to which microfinance contributes in the process of poverty alleviation in Cameroun. The specific objectives are: 1 to evaluate the impact of microfinance on household economic wellbeing in Cameroun; 2 to determine factors influencing household access to microfinance loans; and 3 to disaggregate these effects by sources of wellbeing, residence and gender. The claim in this paper is that access to micro-credit and education engenders household economic wellbeing.
Microfinance in Cameroun in its traditional form dates for over one century. Other MFIs are informal or projects. Cameroun has been described as a country of striking diversity, unfulfilled promise and tantalizing potential, with regions that abound in variety — geography, climate, people, education and economic structure World Bank, In spite of all these endowments, Cameroun has been steep in poverty for more than the past two decades. The economic collapse led to the country not being able to pay its foreign debts, and to the poverty level mounting dramatically.
The banking sector was particularly hit by the crisis.
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In the late s this sector collapsed with the rest of the economy. The restructuring of this sector led to the liquidation of many banks, the closure of almost all bank branches in the rural areas and small towns, and the retrenchment of many bank workers. This led to a great reduction in the financial coverage or penetration that was already quite limited. The microfinance sector was bound to grow because financial intermediation is shallow all over the country, with a ratio of money supply to GDP at This reflects a very low rate of bank penetration.
Nevertheless, the microfinance sector has grown rapidly in the past two decades. Savings mobilized stood at CFA In the same year, more than CFA Recently, Fotabong noted that the microfinance market will grow even further during the next decade. Some former bank workers created savings and loan cooperatives, which have been functioning as semi-banks.
This sector has however, expanded without an appropriate regulatory framework for many years. This shortcoming resulted in a lack of protection for depositors and in operations that fail to meet prudential standards. This led the government to establish operating modalities for savings and loan cooperatives. In particular, the government has taken measures to protect depositors. Providing access to finance to the poor has been considered a tool for economic development and poverty reduction ADB, ; Morduch and Haley, ; Khandker, Market imperfections such as asymmetric information and transaction costs and the lack of collateral explain, at least in part, why the poor lack access to finance Meyer and Nagarajan, ; Stiglitz and Weiss, ; Binswanger and McIntire, However, innovative lending technologies such as joint-liability lending Ghatak, , , prior savings lending and co-making lending may serve as the solutions to asymmetric information problems and the lack of collateral.
The problem of asymmetric information in the financial markets for the poor and low income households is considered more serious because of the extremely high cost of screening and monitoring resulting in adverse selection Yaron et al. In addition, most of the poor lack education or are poorly educated and cannot provide standard collateral as required by the financial institutions Binswanger and McIntire, As a result, they are excluded from the financial sector and in most cases do rely only on the informal sector, which lends at extremely high rates of interest Meyer and Nagarajan, , Given the absence of financial markets for the poor, policymakers are confronted with the debate to subsidize or not to subsidize financial institutions in providing financial services to the poor Rhyne, ; Robinson, ; Gonzalez, This debate has been articulated mainly between the two major strands in the conceptualisation of microfinance: the poverty reduction approach and the financial systems approach.
The poverty reduction approach aims at providing cheap financial services to the poor, especially the very poor, through governmental subsidies with the main expectation that financial services would contribute to poverty reduction. The financial systems approach on the other hand aims at applying commercial finance principles and building a financial intermediation system for the poor without subsidisation.
Irrespective of the approach to microfinance, millions of poor and low-income households need financial services for various reasons: their demand for livelihood activities such as food, healthcare and education; and for small business opportunities, which generate jobs and income. However, lack of quality work for the poor appears to be one among the major concerns. If the poor and low income households have opportunities to access credit, it is believed that they may increase their living standard from returns on their investments.
It is well documented that the primary concern is to deal with excessive demand for credit and the view that credit is essential for economic activity, for both poor households and micro-enterprises ADB, Generally, the commercial banks are reluctant to lend to the poor because of the high costs of processing the small loan amounts poor people usually demand and also because of market imperfections. As a result, the low-income households with business prospects have to resort: i to borrow from informal sources especially from moneylenders, who charge very high interest rates; or ii to give up their business plans because of lack of money.
Besides credit, there is also the demand for savings and financial assets and other services such as insurance. The low-income households need safe and convenient savings services. Contrary to some preconceptions, there is some evidence that the poor have the capacity and willingness to save Rutherford, ; CGAP, They need to save for emergencies, future investment, consumption, social obligations, the education of their children, and many other purposes ADB, The demand for financial services by the poor and low income households can be seen from the gap between the number of low income households and the number of households having access to financial services Gibbons and Meehan, ; Navajas et al.
Gibbons and Meehan show that of about The situation in Africa and especially Cameroun is worse. The low rates of coverage suggest that much needs to be done to improve household access to financial services. Some literature shows that access to credit has ambiguous impact on poverty reduction Gonzalez, However, many recent empirical studies show that access to credit has a positive impact on household economic welfare Khandker, ; Panjaitan et al. The literature also shows that most microfinance programs do not serve the poorest, but when they do, the poorest can benefit through increased income and reduced vulnerability Morduch and Haley, Though the Constitution provided for the creation of the new provinces within 36 months of the installation of the political institutions in , the government had not yet passed legislation installing the new provinces on 15 May , the constitutional deadline.
The government argued that the exercise would cost a few billion US dollars and promised to install the new provinces later. In the end, the Constitution was amended in to cancel the May deadline and mandate the Parliament to enact a law that will plan and set a timetable for the installation of the 26 provinces envisaged by the Constitution. A second challenge relates to fiscal decentralization. The central government maintains that article means that provincial governments must collect national taxes and send them to the central government, which will then allocate 40 percent of those taxes back to the provinces.
Since the entry into force of the Constitution, the central government has favored its interpretation of article Plus, question marks hand over the economic viability of most provinces. Aside from the uncertain economic viability of most provinces, another decentralization challenge is the repeated internal wrangling that has already culminated in the removal or resignation of provincial governors in Bandundu, Equateur, Kasai-Occidental, Maniema and South Kivu. From the promulgation of the Constitution till , all provincial assemblies in the Congo had been dogged by such controversies.
These tense and sometimes chaotic situations were due to political inexperience and the absence of institutional safeguards. The President may take the decision to remove the governor from office or dissolve the provincial parliament by ordinance after deliberating the question in Cabinet and consulting the National Assembly and the Senate. If the provincial assembly is dissolved , the national electoral commission, the CENI, will organize provincial elections within a specified number of days from the removal or the dissolution.
Speaking of the dissolution of a provincial assembly, the CENI may in extraordinary circumstances apply to the Constitutional Court to extend the deadline to days. Following the lead of several French-speaking countries in Africa e. The primary mission of the ENA is to recruit and train senior civil servants on the design, the implementation and the monitoring of public policies.
Lectures will be given by high-ranking members of the Congolese civil service and the executive branches of foreign governments. The ENA was inaugurated in June Congolese criminal law, which is mainly written in the Penal Codes, can be split in two parts: the ordinary Penal Code for civilians and the Penal Code for the military. In April , the Penal Codes were updated so as to incorporate the latest amendments and complementary provisions.
Over and above the Penal Codes, specific laws criminalize additional acts in branches of Congolese law other than criminal law. Criminal law also covers attempts to commit a crime; recidivism; concurrence; participation of several persons in a crime; justification grounds and grounds of excuse; extenuating circumstances; and extinction of punishments. On 20 July , the Parliament amended the Penal Code and the Code of Civil Procedure by providing for more progressive definitions of sexual offenses sexual offenses amendments. To be sure, from to , about , women and girls got raped in the DRC.
The Penal Code has two books. The first book is on infractions in general and the second book is on specific infractions. In the opening section of the first book, the Penal Code expresses a central element of the principle of legality, the nulla poena sine lege, which states that no punishment can be meted out for an act without a pre-existing law criminalizing that act.
By virtue of article of the Constitution, which puts duly ratified international treaties above Congolese legislation, the provisions of the Rome Statute of the International Criminal Court complement the Penal Code and override conflicting provisions in the Code. Military tribunals in the DRC have lately been applying the provisions of the Rome Statute directly in cases of war crimes and crimes against humanity. However, the gravity of infractions varies from case to case. The second book on specific infractions groups infractions into eight titles, namely:. A amendment to the Penal Code adds the prohibition against torture to the list of infractions punishable under the Code.
The second title deals with infractions against property: theft, extortion, fraud, and damage to property. Fraud and damage to property comprise sub-infractions. The fourth title has a section dedicated to the criminalization of corrupt practices. The provisions on sexual offenses were amended in to incorporate into the Code progressive and gender-neutral definitions of sexual offenses in line with international law. The last title infractions against the security of the state penalizes treason, infractions against the authority and territorial integrity of the state, participation in armed groups and insurrections, infractions against homeland security and other infractions against the security of the state.
In its first book, the Code lists the possible sentences a judge may hand down. A judge may suspend a sentence he imposes. When one positive conduct constitutes several infractions, the court must, in punishing that conduct, pass the sentence of the infraction that carries the most severe sentence. These sentences do not preclude plaintiffs in civil proceedings from claiming damages the accused may be owing them. In such cases, the court in the criminal proceedings determines the amount of damages. If extenuating circumstances exist, courts may commute a death penalty to a life sentence and a prison term to a fine.
Judges must expressly state in their judgments the extenuating circumstances, if any, they took into account when passing a sentence. The President of the Republic determines by which means the state is to execute the death penalty. Hard labor must last one year at least and 20 years, at most, and may not be exacted on a convicted person concurrently with a prison term. Prison terms must last one day 24 hours at a minimum. Any time spent in detention before conviction is deduced from the prison term pronounced by the judge after conviction.
If a convict fails to pay a fine imposed by a court in a criminal case, the court may replace the fine with a prison term, not exceeding six months. Where an infraction is amenable to a minimum prison sentence of six months or where the circumstances warrant a maximum prison sentence of six months, the court may replace the prison sentence with an obligation to stay away from certain places or to reside in a given place for one year at most. The repeat offender may be interned at a place chosen by the President of the Republic.
If a person is sentenced to two consecutive terms of monitoring by the state, the two sentences will run one after the other. If a convicted person is released on parole, the surveillance du gouvernement sentence starts to run from the date of the release. Lastly, if during the surveillance du gouvernement the convict is arrested, the surveillance du gouvernement will be suspended for the entire duration of the arrest. There are several fundamental principles of criminal procedure, some of which are set out in the Constitution.
These principles include guarantees of due process during arrest and detention, the prohibition of retroactive laws, the presumption of innocence, and the right to a fair trial. The rules of criminal procedure are detailed in the Penal Procedure Code. Conduct defined as crimes under criminal law can also constitute a civil wrong, which in turn can give rise to a claim for damages. A victim wronged by such conduct has two options.
The victim can file a civil action before the Office of the Public Prosecutor le Parquet and, at the same time, commence criminal proceedings. Alternatively, the victim can file a separate action before civil courts and tribunals cours et tribunaux independently from the criminal proceedings. However, in order to avoid mutually inconsistent outcomes in the court proceedings, a separate action for damages before a civil court will cause a stay of the civil proceedings until the criminal court issues a final judgment in the criminal proceedings.
The choice of forum has decisive implications for the applicable rules of procedure. The magistrate magistrat assis is generally passive and does not have the power to carry out investigations. Except for infractions, the victim may also directly assign the perpetrator before the court by way of a writ of summons. However, the use of a writ of summons does not imply that the victim can prosecute the defendant. Before he or she can file a civil claim for damages, the plaintiff must have standing. The plaintiff must have quality and interest to act. The first requirement is that only people harmed by the conduct which gave rise to the claim for damages can file an action for civil claim.
The second requirement is that the plaintiff must have an interest, which is a material or moral benefit deriving from the civil claim for damages and capable of redressing the plaintiff. The main aspects of private law are covered by the Civil Code. Three parts make up the Congolese Civil Code: The first part is the law of persons droit civil des personnes , the second part is property law droit civil des biens and the third part is the law of obligations droit civil des obligations.
The Code divides into books, which subdivides into titles, which in turn sub-divides into chapters, and sometimes chapters are further subdivided into sections. The basic legislative units of the Civil Code are the articles, which are characteristically short, often not exceeding more than eight or 10 words. The court procedure in civil law litigation is provided for in the Civil Procedure Code.
The first part of the Civil Code is the Family Code, also called droit civil des personnes the law of persons. The Family Code Code de la famille covers the law of persons. The Family Code consists of five books on nationality, persons, family, succession and ancillary matters. It addresses issues relating to status, legal capacity, domicile, marriage, inheritance, succession, and certain aspects of private international law. The Code is a complete legal document that provides for all matters relating to the rights of persons and their relation to the family.
The Family Code innovates by integrating the law of persons and family law into the same code. It integrated the two areas of civil law for two reasons. First, in the Congolese conception of life, human beings live in solidarity in the community and their family. Unlike the Western conception, which prioritizes the individual, in the Congolese conception the individual can only actualize himself or herself through the social group in which he or she lives.
The first book of the Family Code is on nationality. The Constitution supersedes the provisions of the nationality book. Article 10 of the Constitution stipulates that Congolese citizenship is exclusive, thus ruling out dual citizenship. Citizenship is acquired by descent or naturalization. The nationality book removes the provision that allowed only fathers to pass on their citizenship to their children and replaces it with a provision that also enables Congolese mothers to pass on their citizenship to their children.
The second book of the Family Code is on the law of persons. It is for that reason that the legislator has adopted a flexible surname system that affords mothers and fathers complete freedom to give any names to their children so as to allow the expression of different traditional convictions.
The book also provides for matters relating to the status of persons like birth, death and disappearance; and determines the residence of individuals. It fixes the age of majority at 18 and the youngest age of emancipation at 15, and organizes the custody and guardianship of minors. Through the book on the law of persons, the legislator wanted to consecrate one of the fundamental values of the African civilization, namely the respect and honor owed to parents, regardless of the age of their children.
The fundamental principle is that parents must take care of their children, failing which the family of the children must concern itself with their fate by virtue of the duty of family solidarity. The state will only assume guardianship if the children are abandoned or their parents have lost guardianship. The second book of the Family Code addresses the legal capacity of persons.
It requires, in tune with traditional mentality, that married women obtain permission from their husband before performing a valid legal act. This provision is on its face a contravention of article 14 of the Constitution, which prohibits all forms of discrimination against women. The third book of the Family Code is on family; and deals with marriages, filiation, adoption and affinity. This section glances over provisions on marriage only. Article 40 of the Constitution gives to anyone the right to marry any person of the opposite sex and to found a family.
The third book of the Family Code recognizes and regulates engagement and marriages, civil and customary. A customary marriage needs to be officially registered; a civil marriage is recorded at the local city hall and a marriage certificate acte de mariage is issued to the newly wed. The Code sets the minimum age of marriage at 18 for boys and at 15 for girls.
It establishes bride wealth as a condition for marriage but subjects it to price ceilings. It prohibits bigamy, polygamy, adultery and child marriages. Partial community property is a regime composed of both property held in community and property held separately by the spouses.
The Code provides for the common management of household property but, although married women are entitled to hold separate property, they are under the control of their husbands. The fourth and final book of the Family Code codifies norms relating to succession and inheritance. The second part of the Civil Code, the law of property, provides for matters relating to the acquisition, enjoyment, loss of movable and immovable property as well as other ancillary aspects, like usufructs and servitudes.
The General Property Law grants individuals some property rights. The Property Law gives the right to the state to delegate its power to administer state lands to public and private persons. It also clarifies legal texts by separating the provisions on land rights and immovable property rights. It further draws a cut between land immovable property rights and non-land immovable property rights.
The Law provides for secured transactions. It contains rules and principles governing security interests, loans, publication of security interests, priority of security interests as determined by the date of filing, and the security interest of the state treasury. It settles the question as to whether property, acquired by the state and previously encumbered with a security interest, is taken free of that interest when it passes to the state. The third part of the Civil Code is the law of obligations.
The law of obligations is contained in a general law of contracts and other obligations. This contract law is composed of 12 titles. The first two titles consist of general provisions on contracts: 1 contracts and obligations in general and 2 obligations created without contracts. Contract law sets out four general requirements for a valid contract. It requires consent and capacity, and the satisfaction of some conditions relating to the subject matter of contracts and others relating to its lawfulness. It distinguishes between obligations to give and obligations to do or refrain from doing something.
It contains provisions on the interpretation of contracts, damages for contract breaches, and effects on third parties. It also categorizes obligations into conditional, suspensive, and alternative obligations; obligations giving rise to joint and several liability; divisible and indivisible obligations; and obligations with penal clauses.
Contract law also determines the extinction of contractual liability. Although not part of private law in the strict sense, economic law may be regarded as part of private law. Actually, economic law — which includes commercial law and other areas such as the law of business organizations, employment law, mining law, insurance law, and investment law — is mixed in the sense that it exhibits features of both private law predominantly and public law.
In the past few years, the Congo consolidated macroeconomic stability and its gross domestic product GDP grew at a higher rate. The Congolese economy was the 20 th largest out of 54 countries in Africa in ; it became 15 th in The African Development Bank projects that this upward trend will continue, reinforced by three factors: mining investments, infrastructure reconstruction and improved agricultural productivity. In , the World Bank stated that the DRC is one of the 10 countries that improved the most in the facilitating business.
The major industries in the DRC are mining, mineral processing, consumer products, metal products, processed foods and beverages, timber, cement and commercial ship repair. However, the Congo is still a weak post-conflict economy in dire need of backbone infrastructure, sustained growth, improved fiscal management and capacity building.
Despite its ranking by the World Bank as one the top ten improvers, the Congo has nonetheless a comparatively low overall competitiveness. In the same vein, the national budget, though steadily increasing, is nonetheless relatively low. Growth, wealth and development are not yet evenly distributed within and across provinces, with a big pool of poverty and underdevelopment throughout the country, and with two notable islands of relative prosperity in the city-province Kinshasa and Lubumbashi Katanga province. Going forward, economic growth will be stimulated by four massive projects: the 6 billion US dollars resource-for-infrastructure investment deal between the DRC and China, the 5,76 billion US dollars plan to build agricultural industrial parks, the 12 billion US dollars development of the Grand Inga III hydroelectric complex and the exploitation of hydrocarbons.
First, in , the Congo entered with China, its largest trading partner, into its biggest mining deal since its Independence in The 6 billion US dollars deal entitles China to export a certain amount of copper and cobalt, in return for which China agreed to implement a nationwide plan of infrastructure construction in the Congo. The infrastructures that Chinese state-owned construction firms are building are expected to remove important bottlenecks preventing the Congo from reaching its full economic potential.
Two years earlier, the Congolese President promulgated a law enunciating the fundamental principles of agriculture. Located in the Bandundu province, the Park is aimed at boosting agricultural productivity and catering to the needs of the population in terms of food security. The Bukanga-Longo Park is part of a 5. Lastly, the tabling of a bill on hydrocarbons and the recent discovery of a 3 billion barrels oil reserve in Province Orientale in , in addition to existing and untapped oil reserves, is likely to usher in a golden era of oil and gas in the DRC.
These constitutionally mandated economic institutions work with ministries responsible for the budget, public finance , the economy, trade , international cooperation, planning and mining , to steer the economy into the right direction. Put another way, the mission of the Council is to bring forward proposals to ameliorate the daily life of Congolese citizens. The Council may, on its own motion, draw the attention of the government and provinces on reforms it deems capable of spurring the economic and social development of the country.
Matters could also be referred to the Council by petition. The organic law on the Economic and Social Council was adopted in October The role of the Council is therefore to encourage dialogue between stakeholders and the confrontation of views and experiences. The Council has 68 members, representing a cross-section of the population. The Council further includes independent members. In that regard, the Central Bank served a crucial role in setting monetary policy standards.
The overall objective of the Central Bank law is the formulation of a global monetary policy with the search for prosperity as a backdrop. The Constitution outlines the functions of the Central Bank. The Central Bank keeps public funds, preserves monetary stability, defines and implements monetary policy, controls banking activities, and acts as economic adviser and banker to the government.
The Court is answerable to the Parliament. It controls the management of public finances, public property, and audits the accounts of provinces, decentralized territorial entities and public institutions. It submits every year a report to the President of the Republic, the Parliament and the government. The report is published in the government gazette Journal Officiel. Moreover, the Court draws up thematic reports, some of which may be found on its official website. He or she ensures that those persons abide by their reporting obligations, failing which he or she may ask them to pay fines.
The Attorney General and his or her assistants may attend the proceedings of the Audit Court. Members of the Audit Court are trained judges and formally enjoy the same status as judges of the Supreme Court. They must be highly qualified in finance, law or public administration and have at least 10 years of experience in those disciplines. They are appointed and removed from office by the President of the Republic on advice from the National Assembly.
Non-judge administrative staff includes auditors and accountants. The Federation of Employers. The law has played a central role in reforming the Congolese economy. First, the Constitution embraces economic liberalization by guaranteeing property rights and private and foreign investments. The DRC kicked off the legal reform of its economy in when it enacted four new codes on labor, mining, foreign investment and forestry. These codes were instrumental in preparing the country for the positive growth rates that it has enjoyed thenceforth.
Towards the mids until , relations between the DRC then under the dictatorial regime of Mobutu and foreign donors, as well as international financial institutions IMF, World Bank and African Development Bank , had been broken. The situation did not really improve till the year , at the turn of the 21 st century. In , the government laid the foundation for 1 the restoration of relationships with foreign donors and international financial institutions and 2 the economic recovery that continues to this day. Apart from turning a hyperinflationary and receding economy into a growing one, the government adopted four key pieces of legislation in , to wit the Labor Code, the Mining Code, the Foreign Investment Code and the Forestry Code.
Through those economy-structuring laws, the government liberalized the labor market, the mining industry and forestry. The government set up a public institution that coordinates and orchestrates the implementation across ministries of programs and financial assistance provided and supported by international financial institutions, notably by the World Bank.
The BCECO is one of the first institutions to be founded after the restoration of formal relationships with international financial institutions in Faithful to its neoliberal drive, the government has moved on to liberalize the energy and insurance sectors. In June , the Parliament enacted a law that opened up the energy sector to private ownership.
That same month, it adopted an Insurance Code that liberalized insurance markets. Lately, the DRC has managed to attract sizeable foreign investments. It attracted foreign direct investments of more than 3 billion US dollars in  and of more than 2 billion US dollars in The Code recognizes that FDI is the main determinant of economic growth and development in the sense that FDI is indispensable to economic growth. The Investment Code is a response to gaps identified in previous investment legislation. Gaps existed in the philosophy and the organization of the old investment laws.
The Congolese legislator realized that, evolving in a context of economic recession and high inflation rates, the performance of the private sector was generally inadequate while the output of Congolese industries was particularly mediocre. Industries were generally costly, hardly competitive, under-capitalized and reeling from a long process of disinvestment. It is against that economic background that the legislator decided to remodel the largely outdated investment laws with a new investment code.
Under that philosophy, economic development and growth rest on the following triptych. First, the state provides an enabling framework and a set of incentives. Second, the private sector creates employment and national wealth by producing goods and services.
It is thus organized around four key objectives. First, the state must prioritize transportation investments and infrastructure investors charged with the construction and maintenance of roads. Second, the state should prioritize investments that will develop agriculture and the agro-industry in order to ensure food security, reduce food imports, increase income in rural areas, and expand local basic foodstuffs markets.
Third, the state should give priority to large investments that will entrench a solid industrial base on which sustainable economic growth will stand. Finally, it should prioritize investments that add value to national natural resources locally in order to increase export volumes. The Investment Code does not apply to investments in mining.
The Parliament has passed a code that applies specifically to investments in mining, the Mining Code. Mining is one of the greatest contributors to state coffers, albeit the mining sector still faces numerous formidable challenges. At this stage, the government is consulting various stakeholders. I t remains to be seen how is the regulation of mining activities going to be reinvented.
The Labor Code updated labor norms by introducing a few innovations. It extended the scope of application of the labor law to 1 small and medium enterprises, 2 small and medium industries operating in the informal sector, and 3 social, cultural, community and charitable organizations employing salaried workers. It prohibits the worst forms of child labor and pushes the age of employability at 16, up from 14 in the old labor laws, except for children aged 15 who received permission from a labor inspector and their parents or guardians.
It puts in place appropriate structures to ensure health and safety at work in order to optimize the protection of workers against occupational hazards. The Forestry Code defines the rules applicable to the conservation, exploitation and development of forest resources. This legal regime is designed to promote a rational and sustainable management of natural forest resources so as to augment their contribution to the economic , social and cultural development of present generations while preserving forest ecosystems and biodiversity for future generations.
While SPRLs are private limited liability companies owned by members, SARLs are comparable to holding companies, which require presidential authorization before they can be registered, and whose shares are from time to time open to public subscription. The Royal Decree provides that companies enjoy separate legal personality, with assets and liabilities distinct from those of their shareholders. Companies have perpetual succession, existing beyond the natural lives of their members. The liability of members is, as a general rule, limited to the extent of their investment in the company.
If a company abuses its juristic personality, it is possible for victims to request a competent court to pierce the corporate veil and hold the shareholders directly liable for the abuse. However, Congolese company law also makes provision for any violation suffered even where company directors act in conformity with their fiduciary duty. This important aspect of corporate governance could affect the nature and the extent of liability of parastatal companies if they commit human rights violations.
The World Bank placed in the Congo among the top 10 improvers worldwide in terms of business regulation reforms introduced in Of particular interest, the government adopted a value added tax, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the OHADA Treaty, a one-stop shop for the creation of businesses, and another for external trade.
The government replaced the sales tax with a value added tax in Adhering to the New York Convention encourages foreign investments in the DRC by enabling the DRC to make credible commitments and by protecting the interests and property rights of foreign investors. The OHADA is an institutional framework designed to serve the purpose of regional integration and economic growth on the continent. The initiative to ratify the OHADA Treaty has the effect of modernizing Congolese business laws in more than one area, especially secured transactions, corporate law, and insolvency.
Before it simplified corporate income tax returns and abolished minimum taxes in specified instances, the government had opened in May a one-stop shop for the creation of businesses. Setting up this one-stop shop eliminates procedures and intermediaries, and makes the whole process of business start-up more efficient. Last but not least, the government officially launched works on a one-stop shop for external trade in October This one-stop shop, which will be an electronic platform, would upon completion integrate all the operations of external trade.
The organization of the judiciary is in transition. To understand the existing and the projected organization of the judiciary in the DRC, one must distinguish between the judiciary as it currently stands the Judicial Organization Code and as it is contemplated by the Congolese Constitution.
The Supreme Court has three sections: administration, legislation and judiciary. Prosecutors are responsible for instituting prosecutions in criminal cases and for representing the public interest in certain ordinary civil cases. The procedure in the Supreme Court is detailed in a law. Third, the Tribunal de Grande Instance is a court with a wide subject-matter jurisdiction. Finally, traditional leaders chefs coutumiers , though not part of the formal judicial system, are involved in the mediation and settlement of disputes in traditional communities.
In fact, customary courts mediate and settle two thirds of all disputes in the Congo. The Military Judiciary Code organizes military courts. The highest court is the Military High Court Haute cour militaire. Military courts decide criminal cases brought against members of the national police and the army. They equally decide cases of war crimes and crimes against humanity, even if the accused person is a civilian. Condition: Neuf. Seller Inventory More information about this seller Contact this seller 2.
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Condition: NEUF. Seller Inventory N More information about this seller Contact this seller 4. Condition: Brand New. French language.