Legal empowerment for local resource control

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FIGURE 3. LEGAL TOOLS – CONCEPTUAL SEQUENCING other types of resource rights (such as use rights based on “customary” norms); establishing clear and fair standards of valuation and compensation, and fair and transparent procedures, including grievance mechanisms; and removing legal constraints to damage-to-property remedies (e.g. standing, burden of proof, limited availability of injunctions) would increase the effectiveness of these tools. Conceptually, a sequencing exists between these three sets of legal tools: vesting resource rights with local groups is a precondition to consultation, benefit-sharing and compensation requirements; compulsory taking of local resource rights is possible either as default or after failure of consultation/negotiation exercises; and so on. This study has emphasised the diversity of the legal tools that can be used to secure local resource rights and empower local resource users. Court litigation more easily captures the attention of the media and of the public 111
112 at large, and may be a useful mechanism of last resort in some cases. But it is far from being the main form of legal avenue. Nor is use of legal processes necessarily a confrontational exercise – again, despite perceptions to the contrary. Some have contrasted legal processes as characterised by confrontation with political processes as characterised by negotiation; but legal entitlements are more often used to reinforce negotiation strategies than to bring lawsuits. Some of the legal tools examined here are inherently centred on negotiation.
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Legal empowerment for local resourc
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LEGAL EMPOWERMENT FOR LOCAL RESOURC
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ABOUT THE AUTHOR Lorenzo Cotula (lo
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ICSID International Centre for the
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viii
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x III. LEGAL TOOLS TO SECURE LOCAL
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2 Legal empowerment can increase lo
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4 and implementing para-legal tools
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6 1.1. OVERVIEW 1.1.1. The issue Ac
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8 local levels. Overall, the law te
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10 1.2. DEFINITIONS, SCOPE AND RATI
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12 generally, the range of strategi
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14 CHART 2. FDI STOCK IN SELECTED A
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16 the Middle East, to sub-Saharan
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18 2.1. POWER AND LEGAL EMPOWERMENT
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20 where short timeframes would pre
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22 provisions embodied in the const
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24 2.2. FOREIGN INVESTMENT PROJECTS
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26 country power structures through
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28 investor to access a specific lo
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30 compensation), 11 and those on t
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32 that characterised the Cold War,
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34 As a result, the international l
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36 have also created government age
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38 In Africa, very little land has
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40 When conflicts between local and
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42 FIGURE 1. LAW AND POWER IN FOREI
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44 2.3. TOOLS FOR LEGAL EMPOWERMENT
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46 citizens at large use them. The
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48 2.3.2. Para-legal tools The fact
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50 emphasise helping clients themse
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III. LEGAL TOOLS TO SECURE LOCAL RE
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institutional arrangements, or wher
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In Cameroon, efforts to vest strong
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Group rights and individual rights
Page 72 and 73: BOX 4. TOOLS FOR LOCAL GOVERNMENT A
Page 74 and 75: (section 1 of the Land Act and sect
Page 76 and 77: BOX 5. LOCAL CONVENTIONS Where stro
Page 78 and 79: and is meant to shift the balance o
Page 80 and 81: ights on the ground, which usually
Page 82 and 83: Denise Malauene Community land regi
Page 84 and 85: addressed. Reform to strengthen the
Page 86 and 87: state, local resource users can “
Page 88 and 89: Another aspect of “who to consult
Page 90 and 91: occur at a relatively late stage in
Page 92 and 93: To sum up Mandatory consultation pr
Page 94 and 95: usually not formalised in the way r
Page 96 and 97: 3.3. TOOLS TO MINIMISE AND COMPENSA
Page 98 and 99: In some cases, these EIA provisions
Page 100 and 101: Tighter legal requirements on SIAs
Page 102 and 103: First, legislation typically requir
Page 104 and 105: under the Village Land Act, “cust
Page 106 and 107: prohibits “arbitrary” deprivati
Page 108 and 109: the implementation of micro-project
Page 110 and 111: BOX 7. THE SAN OF BOTSWANA: COMBINI
Page 112 and 113: aise issues about the project’s s
Page 114 and 115: Tight rules on statutes of limitati
Page 116 and 117: to hold the parent company responsi
Page 118 and 119: IV. CONCLUSION 107
Page 120 and 121: Part III of the study analysed rece
Page 124 and 125: 4.2. FROM LEGAL TOOLS TO LEGAL EMPO
Page 126 and 127: First, each of the legal tools anal
Page 128 and 129: account is shaped by power relation
Page 130 and 131: 4.3. WHAT NEXT? This study has deve
Page 132 and 133: V. ANNEXES 121
Page 134 and 135: years or periodic tenancy, usually
Page 136 and 137: 5.2. REFERENCES 5.2.1. Literature A
Page 138 and 139: Egbe, S.E., 2001b, “The Law, Comm
Page 140 and 141: Platteau, J.P., 2000, “Does Afric
Page 142 and 143: BACONGO v. Department of the Enviro
Page 144: Legal empowerment for local resourc
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Legal empowerment for local resource control

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