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17 US-China L. Rev. 1 (2020)

handle is hein.journals/uschinalrw17 and id is 1 raw text is: US-China Law Review, January 2020, Vol. 17, No. 1, 1-8 I doi: 10.17265/1548-6605/2020.01.001 UBLISHING The Protection of the Gorilla (Gorilla Beringei Graueri) From Itombwe in the Democratic Republic of the Congo (DRC): A Case for Reconciling Environmental and Property Rights' D.iur. Ambroise Katambu Bulambo Catholic University of Congo, Kinshasa, DRC; University of Fribourg, Fribourg, Switzerland In 2006, the Congolese Minister of the Environment signed Decree No. 038/CAB/MIN/ECN-EF/2006 of 11 October 2006 establishing the Reserve Naturelle d'Itombwe (RNI)-Itombwe Natural Reserve-to safeguard a healthy environment conducive to the survival of eastern lowland gorillas (Gorilla beringei graueri) and other endemic species of the Albertine Rift. To achieve this goal, there is need to reconcile property rights and environmental law. Thus the harmonious fundamental right to ensure the protection of the dignity of the human being while guaranteeing in a harmonious way respect for nature itself would be guaranteed. Keywords: land ownership rights of people-protection-enviromnent-Gorilla-Itombwe Introduction In 2006, the Congolese Minister of the Environment signed Decree No. 038/CAB/MIN/ECN-EF/2006 of 11 October 20062 establishing the R6serve Naturelle d'Itombwe (RNI)-Itombwe Natural Reserve. The purpose of this decision was to maintain a healthy and sustainable environment for the eastern lowland gorilla (Gorilla beringei graueri), the eastern chimpanzee (Pan troglodytes schweinfurthii) and, to a lesser extent, southern populations, forest elephants (Loxondonta africana cyclotis), and other endemic species of the Albertine Rift. Under Article 3 of this decree, it is now forbidden for anyone to use this forest or exploit it, in particular by introducing exotic species of animals and plants, firearms, traps, or any other hunting gear; to hold or transport live or dead wild animals, their hides or trophies, their meat, or any other fauna product; to pursue, hunt, capture, destroy, frighten, or disturb any animal species even animals deemed harmful to life; to do excavations, earthworks, etc. In addition, the management of the said reserve is entrusted exclusively to a State Body-the Congolese Institute for the Conservation of Nature-ICCN (Article 4 Decree No. 038/CAB/MIN/ECN-EF/2006). D.iur. Ambroise Katambu Bulambo, Ph.D., professor of Law, Catholic University of Congo, Kinshasa, DRC; scientific associate, School of Law, University of Fribourg, Fribourg, Switzerland. 1 This article is taken from the interdisciplinary conference given at the UCC on April 7, 2017. Many thanks for Dr. Kinyalolo Kasangati Placide of translation in English. 2 038/CAB/MIN/ECN-EF/2006 Ministerial Order establishing a nature reserve called Itombwe Nature Reserve, R.N.I., J.O.RDC., 1 April 2007, No. 7, col. 73.