L'économie informelle

B. On the level of the sanctions

It should be noted that the civil sanctions as those administrative ^(123(*)) remain unchanged. The penal sanctions as for them, have sudden light modifications.

The penalty to be inflicted with any offender who will trade without valid license remains the same one (6 months of penal constraint to the maximum), but the rate of the fine was raised of 1.000 zaïres with 25.000 zaïres to the maximum. However, is not taken again, the provision having milked with the confiscation of whole or part of the goods which seems to us effective on the one hand for the repression of the infringements inspired by a villainous mobile and on the other hand, to reduce the possibilities of repetition.

Concerning the sorrow of fine used to strike the delinquent in his inheritance, this one is presented as the sorrow most indicated in order to repress the infringements inspired by a lucrative mobile. It allows the State renfluer its cases contrary to the penal constraint which impoverishes them and blocks the prisons.

Moreover, it sied to stress that the various sanctions envisaged as regards regulation of the small trade proves to be unapplied. When they are it, their application is iniquitous.

Indeed, the exercise of the abstract activities «in margin of the law» sometimes led the public authorities to confuse them with illegal activities, and thus to badger them and to repress them ^(124(*)).

In DRC, the option to work in the illegality is often justified by the difficulty for the small companies of applying light the lata because of reasonableness and of the sporadic character of their incomes returning ipso facto some laws and payments inapplicable to their need and condition, or that the State is virtually non-existent in their life and does not have the means of making respect the payments which it car-enacts ^(125(*)).

The Congolese legislator is at the origin of a legal higher bid, which one can without risk announce that it will lead with difficulty to its ends, it imposes to the small shopkeepers a series of increasing constraints constantly making difficult the exercise of these activities.

This report pushes us to preach for a new way which will make it possible the abstract economy to continue and to formalize itself gradually rather than to force it to suddenly integrate the existing framework which it detests. Doesn't one say that better the law is worth to adapt to reality than to try to modify the behaviors?

Section 3: The formalization of the abstract sector like source of progress of SME

Without wanting to ignore is the rationality of the organisational motivation aiming at the maximization of the public receipts, at the base of the reform of the ordinance-law of August 08, 1990 on the small trade, the access ^(126(*)) to the reflection «the transition from the abstract activity to SME possible?» of professor Marc Penouil, Center of economy of the development, Université Montesquieu-Bordeaux Iv-France suggested us another alternative likely to lead to the same result but, with the advantage of guaranteeing the interests of the involved parts which are the State and the vulnerable agents of the abstract sector.

It is, as we will give an account of it, about a logic which goes beyond the economic principles or from the juridism. For the author, the passage of the abstract unit at modern SME is often recommended by the political leaders.

This evolution is in the logic of the economic development, but runs up against multiple obstacles at the total level as well economic as psychosocial. Its intention is that to pin the conditions of the possible transition from abstract towards the «modern one» by the transformation from the productive structures. Such a transformation falls under the process of total development, which is, each one knows it, a very complex phenomenon and with multiple components. The evolution which interests us thus registers in the total dynamics of the companies under development whose comprehension could not be limited to the only economic logic ^(127(*)).

This last section of our study comprises three paragraphs: The improvement of the environment and the macro-economic framework like source of cleansing of the abstract sector, total social dynamics and the difficulties of passage of the abstract unit with the TOKEN ENTRY E., dynamics interns abstract unit, condition of the creation of SME. Finding us in an analytical phase, the talk which follows wants brief instead of being an abundant alignment of the facts.

Paragraph 1: Improvement of the environment and the macro-economic framework like source of cleansing of the abstract sector

Historically speaking, the ambulatory trade or better, the abstract activities are former to the crisis which prevails in Democratic Republic of Congo.

However, today, everyone agrees to recognize its double function of mechanism of resistance to the crisis and lame factor of the process of socio-economic development. In other words, the economic difficulties, the loss of the purchasing power and the extension of unemployment amplified the abstract activities and resulted in becoming aware of their role in the management of the crisis, but one should not lose of considering their contribution to the process of development of the entreprenariat in Congo.

As of aucuns know it, the Congolese environment and macro-economic framework are not prosperous. All the economic and social indicators are with the red as attests it regularly the national and international reports/ratios in particular of the World Bank. This situation has resulted from the absence of a true policy of development and a management characterized for more than three decades by a diversion better, a quasi institutionalized plundering of the public monies to the profit of an oligarchy.

The reading of the Minimum Triennial Program of the Government ^(128(*)) informs inter alia budgetary imbalances were worsened by practices at the expense of the efforts of investment and development; a proliferation of the taxes with an aim of stopping the erosion of the budget policy, thus discouraging the private company and forcing it to take refuge in abstract activities difficult to tax; the engagement of the State in many projects of nonproductive investment; non-payments massive, wasting and fraud in the mobilization and the use of the public funds, in particular in the making of the markets for investments financed by outside; the lowering of standard of wages with for consequence a disastrous demotivation of the agents of the public sector; the majority of the government enterprises and the financial institutions are in bankruptcy; the economy was seen forced to fold up itself on activities of subsistence and other abstract activities, the sector directed towards export as for him narrowed...

With our opinion, as long as this dark table will persist, the proliferation of the abstract activities will be accentuated. Moreover, in such a context, although being useful for those which are devoted to it and to secondary title for the Congolese State, the abstract sector will remain vulnerable. One can read with interest of the publications available on this subject ^(129(*)).

Vis-a-vis this situation, for us, the cleansing of the environment and the macro-economic framework passes for a precondition impossible to circumvent to the question of the width and profitability of the abstract activities in Democratic Republic of Congo.

For this purpose, the Congolese Government should be harnessed with the work of the restoration and the consolidation of peace on the whole of the own territory; with stabilization for: to guarantee a stable, foreseeable and transparent environment macro-economic allowing the economic agents to durably develop their activities of production, consumption, saving and investment; redynamiser the financial system; to rationalize the system of incentives; to give again and maintain the purchasing power the workers in particular and the whole of the population in general by massive creation profitable employment, etc ^(130(*)).

This dream appears to us with carried DRC - country with the various and immense potentialities as well in the natural plan human. A good governorship, a good amount of patriotism, a healthy justice and especially a fight baited against impunity, the clientelism, the corruption... appear among the actions to undertake, to perennialize and whose positive and significant repercussions would not be long in being made record in the abstract economy. Once the cleansed medium, the number, quality, resistance, the control and the contribution of the abstract activities would change with the great happiness of the authorities, the individuals who devote themselves to it and their respective families.

Paragraph 2: Total social dynamics and difficulties of passage of the abstract unit at SME

The talk which follows requires a dialectical reading making it possible to locate social contradictions inherent in the abstract activities which feed the shelves and handicap the process of evolution of the abstract activities towards SME. This process is not only possible but can lead to condition of course of avoiding any precipitation which is likely to be fatal for him. Among the factors which justify this precaution, Mr. Penouil insists on ^(131(*)).

A. The transition from abstract towards SME and logic from the development

As we will note it below, this transition revêt a character impossible to circumvent if one commits oneself not mortgaging the development. Two realities on this subject deserve to be pinned: the dynamic ones of transfer and those of transition.

The dynamic ones of transfer return to the fact that the evolution or the current organization of the African companies rests primarily on exogenic factors. With the plan of the entreprenariat, companies were established here and there certainly but, without culture of managing. In the majority among those, operation and management are not subjected to the constraints even among most elementary. The companies worthy of name are not widespread in Africa for example.

As opposed to what one could think, the current crisis influences this sector favorably. Indeed, it made become aware with many Congolese need for subjecting itself to a minimum of rule of management, precondition to the survival of very undertaken.

The dynamics of transition as for it supposes that starting from the existing structures one carries out various adaptations which lead gradually to the installation of a completely new structure. By the way precisely of abstract, it corresponds already to a transformation of the former productive structures, but it can also be the starting point of another evolution which will bring closer its organization that of SME like that was the case in Europe and in certain States of the Third World.

In general, the abstract one meets the needs for African with a certain quality of the goods and services sold at a price adapted to the incomes of the greatest number. Admittedly, modern SME would offer products of better quality, but with unfortunately the constraint to sell them with a cost which would exclude much from virtual customers. Like one little to realize it, the evolution can only slow, progressive, be generated by the growth of the incomes. The launching of SME cannot be issued.

B. obstacles of the transition from abstract towards SME

The reading of work already quoted ^(132(*)) informs the negative influence which certain factors exert on the process of creation of microphone-companies.

The economic crisis, the demographic growth and the collective behaviors appear among most important.

With regard to the economic crisis which shakes to it quasi totality of the African countries here more than one decade, it paralyzes in an obvious way creation of SME. As of aucuns know it, this crisis amplified the process of informalisation of the economy and the company. This extension of abstract results from the always worrying growth of unemployment. The abstract one extends nowadays to all the social layers reducing from the blow, the number of candidates to the creation of SME. It is affirmed more and more like sector refuge. Once again, it is the decrease of the incomes and the growth of the unemployment which explain such a situation. Ultimately, the transformation of the abstract units into SME could not be prosperous before the socio-economic economic situation does not become brilliant.

The equation remains difficult to solve insofar as, the procedure of the African companies goes against the development. As it is known, SME seeks the immediate profit, the abstract unit releases an instantaneous income of survival. However, the development, accumulation and the innovation suppose the long term. It becomes more clear these many stakes which abound the Congolese company and its abstract units impose patience and clearness on any prospect for desired progress.

The demographic trends especially in urban environments (rural migration and natural growth) disadvantage the profitability of the abstract sector. Indeed, in Africa, the urban population is mainly made up of the young people among whom one finds several graduates in search of employment. It is necessary to retain on this subject that the demographic structures, like the structures of the market of work, do not play yet in favor of a process of creation of microphone-companies.

Being finally the desires of the individuals seeking to change occupations, Mr. Penouil takes again the data hereafter at the end of investigation led to Cameroun on D.I.A.L. «25% of the workers of abstract wish to leave towards the modern one, whereas 41,7% consider a displacement within the abstract one. Inside the modern sector, 29,4 wish to launch out in the abstract one.

Worse, 28,5% of the workers of abstract and 49,8% of the workers of modern wish to move towards the public sector, proof that this one very not lose of its attraction in spite of the recorded vexations. What jumps to the eyes is the weak collective attraction of SME; that could be explained by the batch of the difficulties encountered in Africa creation management of the abstract units ^(133(*)).

Paragraph 3. Dynamics interns abstract unit, condition of the creation of SME

Under this heading, it returns to us to in general explore the principal difficulties of creation of SME in Africa and DRC in particular. One quotes usually the financing of the capital, the lawful and administrative annoyances as well as the lack of personal engagement of the contractor.

The analysis which primarily follows door on the examination of the correlations between the financing and the profitability then the analysis between the improvement of management and profitability.

A. Evolution of the modes of financing and profitability

In general, «the abstract units present well-known methods of financing. Their start-up capital is consisted personal capital contributions (between 65 and 75%), with contributions complementary to the family (approximately 10%), the balance being usually obtained from friends or through the system of the protective sackings.

As one can realize it, resting on the principle of offering edifying guarantees, the banking financing remains exceptional in the African abstract context. Moreover, the attitude of the bankers is justified by the deficiency of capacity of self-financing which characterizes this world.

Other paradoxes deserve to be raised insofar as it is known that all true SME could not continuously do without the banking contributions. As it is known, the effectiveness of abstract is due precisely to the adjustment of its costs by restricting employment or by delaying damping.

Whereas the banking financing supposes the duration of the company, the abstract units they do not have as one transitory life and their contractors are wandering as well on the geographical level as on the intersector level of activities. In this case, any significant evolution in this matter can be considered that in some selected sectors.

Admittedly, we should not ignore the existence of some public organizations created in order to ensure the promotion of SME. In DRC for example, one can quote the FPI, the OPEC... but very often, the borrowers complain about the practice of «bribes» to which is added the lack of rigor on the criterion of optimal profitability at the time of the choice of projects to finance.

The evolution of the tax system obstructs also the progress of the abstract economy. As of aucuns know it, «the abstract activities escape from a way or another from the tax levies apart from the directly paid taxation of the markets. The itinerant trader is practically free from fiscal burdens. The entry in the modern sector, in the shape of SME will very often imply the fiscal burdens of the companies. That involves new loads. Part of the receipts and possible saving of the company will be taken by the taxation and to reduce of as much the capacity of investment» ^(134(*)). What to make? The solution with this problem passes by a handing-over in question of current modes of management.

B. Evolution of the modes of management and growth of the productivity

In connection with this debate, Mr. Penouil points out that «the passage of the abstract unit to the modern statute of SME is not possible that if this evolution generates a sufficient growth of the productivity which supposes itself a transformation of the modes of management. The passage of the abstract unit generates, we saw it, a larger rigidity of the costs and an upward trend of the costs resulting from the fiscal burdens, of the damping of the banking loans and the return on the capital, of the larger rigidity of the hired labor charge.

One can logically think that modern SME carry out a production of better quality that the abstract activities but, in period of stagnation of the incomes, the consumers are more sensitive to the price stability or their fall that with the improvement of the quality of the products. The increase in the productivity shows that the transition towards modern SME is thus the fundamental condition of survival of the company " ^(135(*)).

For that purpose, it is important to have powerful equipment and to institute an effective control of the loads and costs. In connection with the machines, their acquisition must be accompanied by a control approved by technologies available, their use and their truly economic management if one wants to ensure the profitability of the company.

As for accountancy, usually, the contractor lets himself condition by the horizon of the short term what is incompatible with the lacing of a business. As we underlined in the case of technology, accountancy must not only be to control but also rigorously respected through the management of each day.

Before finishing, let us retain that all the observations exposed in the preceding pages spread out the shelves of the transition. Multiple ideas and initiatives were undertaken in the optics of the profitability of the abstract units in DRC and elsewhere but the majority appeared unsuited.

In conclusion, vis-a-vis the complexity and of the delicacy of the treated matter, we think following Mr. Penouil that only pragmatism i.e. the taking into account or the awakening of the real data, even if they do not meet waitings of the people and the implied authorities, can lead to a rational evolution, flexible, healthy, person in charge for the productive system.

GENERAL CONCLUSION

Arrived at the end of our essay on « The promotion of the abstract economy in Congolese right: Which option rising between its reform its formalization ? », it returns to us to summarize the projecting facts to which its analysis led. Admittedly, this task is not easy because, as Yves Guyon underlines it, « any conclusion is perilous and necessarily partial or partial » ^(136(*)). However, the effort provides pushes us to believe that the talk which follows offer a sufficiently complete sight, objective and concise of the whole of this relatively bulky essay.

By initiating this reflection, our objective was that to pronounce us, after meticulous examination, on the choice to be operated between the reform and the formalization of the small trade in Congolese right in optics of rise of the abstract economy.

Our problems rested on the interrogations hereafter : how to explain the persistence of the exercise of the small activities in spite of the promulgation of the ord. - law n° 90-046 of bearing 08 August 1990 regulation of the small trade ? How to explain that the State leaves unpunished similar behaviors ? Light the lata is it conforms to the current situation of the company ? Quid of the reasons which force the actors of abstract to circumvent the tax services ? Vis-a-vis this situation, which option with raising between the reform and the formalization of the abstract economy to promote SME in DRC?

Have regard to these interrogations, we put forth the following assumptions :

· the incapacity for the State to remark the regulation in force is the corollary of an outrageous juridicity and against nature of light the lata.

· the reform of the juridico-institutional framework is certainly creditable but unfortunately this framework ignores the abstract activities which it confuses with capitalism and oblige them to conform to it. The idea thus to us had just preached for a formalization of the abstract economy.

Thus, to carry out the checking of our starting assumptions, we resorted to the techniques documentary and the interview.

The methods dialectical and exegetic were exploited to this end. They enabled us to have a sight total and dynamic fact studied like encircling well and releasing contradictions and the oppositions between the texts and what is done on ground.

With the exit of our analyzes, it released two results :

· the first rises owing to the fact that the abstract economy although exerted in margin from the arsenal legislative and lawful a relief valve by the creation of jobs constitutes which it supports. But unfortunately, this employment is precarious, they only contribute to perennialize the misery which haunts already the populations. The contribution of the abstract activities remains moderate point of considering socio-economic, on the other hand ; these consequences are legions. The idea thus to us had just considered a reform of the ordonnace-law of 08 August 1990 regulating the small trade in order to reduce the frequent distorsions to the law.

But unfortunately, this step involves much more disadvantages than it does not solve the problem in a total way. Moreover, the authorities tolerate the exercise of the abstract activities one would say as a compensation due to the abuses generated by its regulation against nature.

· the second results owing to the fact that for our part, although recognizing certain merits of this thesis, we chose the formalization of the abstract economy which appeared to us to be the step most indicated to promote the Small ones and Medium-sized companies. This step evolves/moves in the direction of integration or the adaptation of the juridico-institutional framework to lived daily and not to seek to conform this phenomenon to the existing framework.

The contribution of the abstract activities deserves to be constant and the actors of the aforesaid activities must be taken into account without being prejudicial the authorities.

In other term in the logic of formalization, the evolution of abstract towards SME which interests us registers in the total dynamics of the companies under development whose comprehension could not be limited to the only economic logic.

In addition, it sied to note that formalization:

· recommend the taking into account improvement of the environment and macro-economic framework like source of cleansing of the abstract sector.

· raise the impact of total social dynamics and the difficulties of passage of the abstract unit at SME.

· present the internal dynamics of the abstract unit like condition of the emergence of true SME.

The taking into account of these assets and information makes it possible to offer the best chances of the abstract activities.

In the light of what precedes, our two starting assumptions were confirmed.

Like any human work, the present essay can contain gaps likely to be filled by later research. We are opened with all criticisms constructive especially in the optics of the future publication of the results of this investigation.

* ⁽¹²³⁾ Art 15 Al 2 of the ord.loi of bearing 8 August 1990 regulation of the small trade.

* ⁽¹²⁴⁾ On this subject, we recommend the consultation of the conference of Professor MASAMBA MAKELA, the applicability of the right of the businesses to the abstract sector, held at the time of «  Days of the humans right on the universal Declaration of the humans right and the dedication of the State of right  ». (Unikin, February 19-20, 2002). The author affirms there amongst other things that the from a legal point of view, the abstract economy is a false shelter because the tradesman in fact which is devoted to it exposes to penal sanctions. The right of the businesses is applied to him in all its rigueure without possibility for him of making use of it to benefit from it.

* ⁽¹²⁵⁾ HUSSMANNS R, abstract Sector: history, definition and importance, the ILO, Act of the seminar held in Bamako from the 10 to March 14, 1997, p. 11 and 12.

* ⁽¹²⁶⁾ http:ced.montesquieu.u-burdeaux.fr/ceddt23.pdf, consulted page 18-02-2002.

* ⁽¹²⁷⁾ PENOUIL Mr., op.cit.p.2.

* ⁽¹²⁸⁾ Ministry for the Plan and the Development 1997-1999, Kinshasa, 1997. One can also consult the national Plan for the development of the DRC 2001-2010, Kinshasa, 2000, p.15.

* ⁽¹²⁹⁾ NTUMBA LUKUNGA and OLELA NONGA " the abstract one in the Congolese economy: discussion around two theses ", in social Movement and Stakes, n°3, Kinshasa, January-February 2002, OLELA NDJADI and alii, Universalization, abstract sector and CP: in which way does lie the safety of Congolese? In social Movement and Stakes, n°5, Kinshasa, May-June 2002,

* ⁽¹³⁰⁾ Triennial Program..., op.cit p.124.

* ⁽¹³¹⁾ PENOUIL Mr., op.cit pp. 3-5.

* ⁽¹³²⁾ PENOUIL Mr., op.cit pp. 4-5.

* ⁽¹³³⁾ PENOUIL Mr., op.cit p.5.

* ⁽¹³⁴⁾ PENOUIL Mr., op.cit pp. 6-7. One can also consult with interest the articles of  : MARONGIU J., the transition from the abstract company to the modern company. Synthesis of the studies on Yaounde and Douala, Center of economy of the development, University Montesquieu-Bordeau IV, 1992. PENOUIL Mr. and LACHAND J.P., the spontaneous development. Abstract activities in Africa, ED. Pédone, Paris, 1985.

* ⁽¹³⁵⁾ PENOUIL Mr., op.cit pp. 6-7.

* ⁽¹³⁶⁾ GUYON Y., Right of the businesses, Volume 1, 8th ED. Economica, Paris, 1994, p.1987.