A critical review of environmental assessment legislation in the Democratic Republic of the Congo

Abstract

Background: Many countries undertake development activities that utilize resources from the environment. In the Democratic Republic of the Congo (DRC), the Congolese Environmental Agency is supervised by the Ministry of Environment and Sustainable Development to undertake an environmental assessment of all projects that pose risks to the environment. The present study conducted a critical review of the country’s existing environmental assessment legislation, identifying strengths and weaknesses in the Environmental and Social Impact Assessment (ESIA) system. Methods: A literature survey was done in the Google Scholar, Taylor & Francis, and Elsevier databases, which were also guided by the PRISMA. All full-text articles included in the study were written or translated (using online translation software) into the English language, and also, reported on environmental impact assessment as well as legislation. A textual examination of the included literature was done. A set of adapted analytical criteria was used to critically review the ESIA system in the DRC. The results were discussed, and recommendations were given. Results: It was found that the decree was not effective and efficient for the ESIA study. Some of the key limitations of the ESIA decree included the lack of scoping in the entire ESIA process, alternatives that were limited in scope, fees and charges that were not explicitly stated in the legislation, and the lack of public participation at some stages. Conclusion: The ESIA system in the DRC is ineffective and needs revision to improve its effectiveness.