Community Engagement In Building The Legal Framework For The Extractive Sector. Are we there yet??...
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Transcript of Community Engagement In Building The Legal Framework For The Extractive Sector. Are we there yet??...
![Page 1: Community Engagement In Building The Legal Framework For The Extractive Sector. Are we there yet?? David Barissa ActionAid International.](https://reader030.fdocuments.in/reader030/viewer/2022032710/56649ef15503460f94c02b6c/html5/thumbnails/1.jpg)
Community Engagement In Building The Legal Framework For The Extractive Sector.
Are we there yet??
David BarissaActionAid International
![Page 2: Community Engagement In Building The Legal Framework For The Extractive Sector. Are we there yet?? David Barissa ActionAid International.](https://reader030.fdocuments.in/reader030/viewer/2022032710/56649ef15503460f94c02b6c/html5/thumbnails/2.jpg)
The Realm of CE
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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
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![Page 5: Community Engagement In Building The Legal Framework For The Extractive Sector. Are we there yet?? David Barissa ActionAid International.](https://reader030.fdocuments.in/reader030/viewer/2022032710/56649ef15503460f94c02b6c/html5/thumbnails/5.jpg)
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, ..)
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![Page 7: Community Engagement In Building The Legal Framework For The Extractive Sector. Are we there yet?? David Barissa ActionAid International.](https://reader030.fdocuments.in/reader030/viewer/2022032710/56649ef15503460f94c02b6c/html5/thumbnails/7.jpg)
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
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Mrima residents…Kwale
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Without just and effective laws, leave our natural resources alone!
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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
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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
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NAMUVERA ZHOMU