La mise en œuvre du droit d'accès à l'eau potable en République Démocratique du Congo

With almost half of the continental water supply, the Democratic Republic of the Congo (DRC) still ever remains one of the countries with relatively a low access to safe drinking water for the population. It is this paradox that this paper aims to analyze. The main question is about the real impact of the constitutional recognition of a right of access to safe drinking water and the role of the public authorities in the implementation of this human right. The exercise consists and proceeds by a brief explanation and analysis of the content and implications of what should be considered as a "right of access to safe drinking water" before standing on the evaluation of the roles of different and main public actors involved in the process of implementing this right. It emphasizes on the three classic Institutions of the State, excluding, however, under the bloc of Executive Power, the President of the Republic who has a residual regulatory power. If the legislative and executive Powers show some weaknesses in the implementation of this right, not only because of the delay which characterizes their various actions, but also and especially because of a notorious absence of a political implication, the judicial Power seems to be actually inactive although the great mission of protecting and guaranteeing fundamental rights and public liberties that the Constitution has assigned to it. However, this attitude should not be ascribed to the judicial Power, noticing an alarming lack of a culture to claim on behalf of the population which is its beneficiary. Thus, in spite of the nature of this right which subjects it to the principle of "progressive execution", it cannot be allowed any inaction, delay or fitful and insufficient interventions on behalf of those public actors which should really take an advantage of all potentialities of this country to provide Congolese people with a safe drinking water supply

Constitution · Democracy · Dignity · Environmental health · Human rights · Legislature · Political science · Politics · Population · Global Politics and Economy · Human Rights and Development · Law · Medicine · Public Administration