Prevention and Management of Risks Related to Radiological and Nuclear Materials under International Nuclear Law: Case Study of the Democratic Republic of Congo

Parfaite Hanyie Nyazungu,Serge Ngabu Kilo

doi:10.4236/jss.2021.94029

Abstract

We conducted this research on the prevention and management of risks related to radiological and nuclear materials within the framework of international nuclear law, using the Democratic Republic of Congo (DRC) as a case study. This was based on the observation that in the DRC, the protection of the Congolese population and the environment against the effects of ionizing radiation is marked by certain shortcomings, despite the mechanisms put in place. From the outset of our research, we assumed that this situation is due to the non-compliance of national legal texts with international nuclear safety and security requirements. Precautions must therefore be taken. Dangers in the use of nuclear energy can result from the mishandling of nuclear and radiological materials, illicit trafficking and their use for criminal purposes. To this end, international nuclear law attaches particular importance to the protection of people and the environment against the dangers of nuclear and radiological materials. This justifies the diversity of the norms and the search for consistency in their revision, the objective being to ensure the best possible protection of the population and the environment. The DRC can greatly benefit from these international standards to strengthen its statutory and institutional framework for the protection of the population and the environment against the dangers of ionizing radiation. Thus, our study examines and questions the Congolese legal system, to find its weaknesses and propose the amendments best suited to the requirements of international law, in view of the contemporary issues at stake in the Democratic Republic of Congo and in the world. The importance of this study lies not only in understanding the international mechanisms for the protection of the population and the environment against the risks of radiation, but also in the need and urgency to guarantee better protection of the population and the environment through better regulation in the Democratic Republic of Congo

Highlights

Among the major causes of recurrent national and international armed conflicts in the Democratic Republic of Congo (DRC) is the infatuation of multinational lobbies and certain states with the riches of the Congolese soil and subsoil, even at the cost of hundreds of thousands of innocent Congolese lives
Based on many information collected in various legal and regulatory documents (IAEA, 2018c; DRC Ministry of Scientific and Technological Research, 2018; RDC Ministry of Scientific and Technological Research, 2002) and other reports (Autorité de Sûreté Nucléaire (France), 2017; Alain Miele and LebaronJacobs, 2005) and works (Ammerich, 2013; Haranger, 2002; Sohier & Hardeman, 2006) that we found during our research, we wish to highlight the shortcomings of the Congolese legal regime in terms of nuclear safety and draw inspiration from international experience in order to suggest better protection for the population and their environment
The limits of exposure at doses of emergency operations are those set by the International Atomic Energy Agency (IAEA) in accordance with Articles 5 and 6 of Law No 017/2002 of 16 October 2002 on the provisions relating to the protection against the dangers of ionizing radiation and physical protection of nuclear material and nuclear facilities. b) Shortcomings found in the Congolese legal framework for radiation risks protection: We have identified 6 major failures in the Congolese system of protection against nuclear and radiological risks, namely: Gaps in the provisions on civil nuclear liability This legal vacuum can lead to many violations of rights, to the detriment both for the victims of accidents and for holders of authorizations

Summary

Introduction

Among the major causes of recurrent national and international armed conflicts in the DRC is the infatuation of multinational lobbies and certain states with the riches of the Congolese soil and subsoil, even at the cost of hundreds of thousands of innocent Congolese lives. 3) Hypothesis From the above, we already believe that the solutions to all the questions, as presented here above, could lie, on the one hand, in the integration and strengthening of international nuclear safety and security standards into national legislation, while adapting them to the specific realities of the DRC; and, on the other hand, in the adoption of numerous other mechanisms for the prevention and management of risks related to radiological and nuclear materials in different sectors of public and private services, without neglecting the importance of international cooperation in this field (bilateral, multilateral, regional and sub-regional) to benefit from the experiences of other nations. 5) Interests of the study The interest of this study mainly resides at three levels: a) Highlight the organization of the prevention and management of risks associated with nuclear and radiological materials both at international and national levels. b) Discover the actual and potential nuclear and radiological risks that deserve special consideration for the suggestion of adapted standards. c) Offer applicable solutions, starting from observations made, in order to improve the quality of the Congolese legal protection against risks of nuclear and radiological

Nuclear and Radiological Hazards in the DRC

International Legal Framework for Nuclear Safety

Conclusion