community engagement in building the legal framework for the extractive sector. are we there yet??...

Community Engagement In Building The Legal Framework For The Extractive Sector.

Are we there yet??

David BarissaActionAid International

The Realm of CE

Sound check…- Process of involving, at various levels of

participation, empowerment and capacity, groups of citizens affiliated by geographic proximity and/or special interest and/or similar situations to address issues affecting the well being of those citizens.

- It strengthens the capacity of communities to take action that produces positive and sustainable changes locally

- Promotes and facilitates community participation in the formation of policy and delivery of services

- Fosters collaboration across government departments and throughout the community in relation to issues affecting quality of life

Impediments- Unaccountable institutions (e.g parliament)

- Conflicting legislation, policy incoherence

- Lack of legislation on access to information >> (Lack of transparency and accountability)

- Tensions between key institutions, arms and levels of gov. (undermines public confidence)

- Continued violation of rights (land grabs)

- Vested interests

- Low public capacity (Skills, knowledge, ..)

Impediements cont…

- Inadequacy of mineral and geological data (only reconnaissance studies), scanty info makes it difficult to engage

- Boundary conflicts still abound in some places

- Conflicts between land rights and mineral rights, some minerals occurring in game reserves

- Weak implementation/enforcement of existing safeguards/provisions (local/international) e.g Multi stakeholder platforms outlined in TGs

Mrima residents…Kwale

Without just and effective laws, leave our natural resources alone!

Looking ahead..- Continuous stakeholder involvement and consultation to

ensure bottom-up voice in decision-making (Multi-stakeholder platforms?)

- Parliament to legislate on the access to information clause contained in Article 35 of the Constitution. This is hindering the ability of stakeholders to effectively oversight the sector

- Address information gaps and misinformation, raise public awareness and create the conditions for the stronger citizens’ involvement

- Checks and balances: making optimal use of constitutional provisions on public participation, citizen empowerment and the public scrutiny of power-holders

- Resolve apparent tensions btwn national-county govts, community revenue sharing

- Strengthen transparency and accountability through reasonable public disclosure

Conclusions & Recommendations- Politics and governance in the industry play a key role in

natural resources management >> policy and decision makers need to pay special attention to meaningful participation of local communities in the governance processes of the industry resources.

- Government should consider publishing, regularly, details of revenues obtained from the extractive sector and how these are being applied towards development (sign up to EITI??).

- Access to and exchange of reliable and relevant information will boost stakeholder communication and raise public debate on the extractives sector, with a view to stimulating a local-national conversation on the issues at stake

- Move from a public relations approach to one more focused on fostering dynamic community dialogue and participation

NAMUVERA ZHOMU