Abstract

Decentralisation can enable a country's population to exercise political influence at regional and local level. This presupposes a willingness to assume responsibility. It also presupposes that those in power are willing to hand over some of the power. Together these two factors can foster rule-of-law structures.
 
 This paper describes the constitutional and administrative framework for decentralisation in DR Congo, Rwanda and Burundi. It also explores the actual situation in those countries with reference to legal literature from those countries.
 
 In addition, it raises questions regarding the effect of instruments of international law on the decentralisation processes (international organisations, regional integration and international cooperation).
 

Highlights

  • This article asks if decentralisation can contribute to strengthening rule-of-law structures and – if so – what conditions need to be created to ensure that these are effective and stable

  • The preamble of law n°08/016 contains a provision about the decentralised territorial entities (DTE)'s autonomy: it asserts the principle according to which executive bodies of DTE both represent the State and the province within their respective administrative districts

  • To balance central and regional powers it has to be kept in mind that many of the provinces of DR Congo are very rich in minerals and other natural resources

Read more

Summary

Introduction

This article asks if decentralisation can contribute to strengthening rule-of-law structures and – if so – what conditions need to be created to ensure that these are effective and stable. It will address how this can be influenced by the actions of international players and raise questions on the interplay between international law, decentralisation and the rule-of-law. I will start with briefly defining what I mean by decentralisation and the rule of law

Decentralisation
The rule of law
What can decentralisation contribute to promoting rule-of-law structures?
Constitutional framework
Laws organising decentralisation
The real situation and disputed aspects
Traditional elements
Democratic participation or central control?
Economic issues
The constitutional framework
Provinces
Districts
The existing structure
Economic aspects
The Provinces
The Communes
The vertical balance of power
International organisations
Regional integration
International cooperation
Looking at the situation from the inside
Findings
Conclusion

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.