In the Republic of Congo (Brazzaville), the Government has revised national environmental laws to resolve inconsistencies with sectoral legislation. In this process, the Ministerial department that initiates the process develops a draft legal text. In drafting this text, the department reviews all the existing texts (laws, regulations, decrees, etc.) relating to the particular subject of the draft legislation. In addition, MEA provisions are taken into account, since under Congolese law MEAs take precedence over national law.
The department then disseminates the draft text to other relevant departments for their review and comment.
Environmental NGOs are also are involved in the legislative process. The Government maintains a list of all environmental NGOs that are officially registered. The draft legislative text is also sent to a group of legal experts in NGOs for their review and advice. Subsequently, the lead department convenes a meeting of all the various departments and stakeholders. At this meeting, the departments discuss the draft law and ultimately adopt a revised version.
In addition to Government agencies, other institutions – such as NGOs or oil or forest enterprises – may also be involved. When these non-governmental entities are involved, copies of the draft text are sent to them in advance so that they can consult with their colleagues and develop a common position on the various issues. That common position is presented at the meeting with the government agencies.
For more information, contact Mr. Marcel Pambou-Tchiloemba patchimarc@yahoo.fr