Legal empowerment for local resource control

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ACKNOWLEDGEMENTS This publication summarises the findings of a scoping study undertaken for the project “Legal tools for community empowerment”. The project is coordinated by IIED and implemented in partnership with FIELD, CEPIL (Ghana), the Faculty of Law of the University of Ghana (Ghana), GERSDA (Mali), CTV (Mozambique), IED Afrique (Senegal) and the Faculty of Law of the University of Dakar (Senegal). Funding for the scoping study was provided by the Dutch Ministry of Foreign Affairs (DGIS) and by the UK Department for International Development (DFID). The study received additional support from the “Forest Governance Learning Group”, a programme coordinated by IIED and funded by the European Commission and by DGIS. It also benefited from independent research I am undertaking as part of a PhD programme at the School of Law of the University of Edinburgh. I would like to thank Dominic Ayine, Ced Hesse, James Mayers, Sonja Vermeulen and Halina Ward for their useful comments and suggestions on earlier drafts of this study; and Lorand Bartels, Alan Boyle, Mathias Siems and Stephen Tierney for their useful comments and suggestions on the parts of my PhD that fed into this study. I remain responsible for the views expressed here, and for any omissions and errors. Thanks also to Marie Jaecky for her help with some of the diagrams; to Nicole Kenton for her help with finalising this publication; and to Lucia Lavric for her constant support and for her help with numbers. I would also like to thank all those involved in the “Legal tools” project for our fruitful and stimulating conversations. Thanks in particular to those who attended the inception workshop (London, September 2006): Dominic Ayine, Bara Guèye, Nii Ashie Kotey, Tundu Lissu, Ilona Millar, Alda Salomao, Christoph Schwarte, Linda Siegele, Cheickhou Sylla, Halina Ward and Andrew Williams. Thanks also to Moussa Djiré and Amadou Keita, who were not at the workshop but have appropriated the project as if they had been.
ABOUT THE AUTHOR Lorenzo Cotula (lorenzo.cotula@iied.org) is Senior Researcher in Law and Sustainable Development at the International Institute for Environment and Development (IIED), based in the UK. His work focuses on the role of law in sustainable development, particularly in the areas of land/natural resource rights, foreign investment, governance and human rights, and with a focus on Africa. Before joining IIED in 2002, Lorenzo worked on several assignments with the Food and Agriculture Organization of the UN (Legal Office and Land Tenure Service) and with two Italian NGOs. He holds a Law Degree from the University “La Sapienza” of Rome and a Master in Development Studies from the London School of Economics. Besides working at IIED, he is undertaking a PhD at the School of Law of the University of Edinburgh.
Page 1 and 2: Legal empowerment for local resourc
Page 3: LEGAL EMPOWERMENT FOR LOCAL RESOURC
Page 7 and 8: ICSID International Centre for the
Page 9 and 10: viii
Page 11 and 12: x III. LEGAL TOOLS TO SECURE LOCAL
Page 13 and 14: 2 Legal empowerment can increase lo
Page 15 and 16: 4 and implementing para-legal tools
Page 17 and 18: 6 1.1. OVERVIEW 1.1.1. The issue Ac
Page 19 and 20: 8 local levels. Overall, the law te
Page 21 and 22: 10 1.2. DEFINITIONS, SCOPE AND RATI
Page 23 and 24: 12 generally, the range of strategi
Page 25 and 26: 14 CHART 2. FDI STOCK IN SELECTED A
Page 27 and 28: 16 the Middle East, to sub-Saharan
Page 29 and 30: 18 2.1. POWER AND LEGAL EMPOWERMENT
Page 31 and 32: 20 where short timeframes would pre
Page 33 and 34: 22 provisions embodied in the const
Page 35 and 36: 24 2.2. FOREIGN INVESTMENT PROJECTS
Page 37 and 38: 26 country power structures through
Page 39 and 40: 28 investor to access a specific lo
Page 41 and 42: 30 compensation), 11 and those on t
Page 43 and 44: 32 that characterised the Cold War,
Page 45 and 46: 34 As a result, the international l
Page 47 and 48: 36 have also created government age
Page 49 and 50: 38 In Africa, very little land has
Page 51 and 52: 40 When conflicts between local and
Page 53 and 54: 42 FIGURE 1. LAW AND POWER IN FOREI
Page 55 and 56:
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
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BOX 4. TOOLS FOR LOCAL GOVERNMENT A
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(section 1 of the Land Act and sect
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BOX 5. LOCAL CONVENTIONS Where stro
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and is meant to shift the balance o
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ights on the ground, which usually
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Denise Malauene Community land regi
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addressed. Reform to strengthen the
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state, local resource users can “
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Another aspect of “who to consult
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occur at a relatively late stage in
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To sum up Mandatory consultation pr
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usually not formalised in the way r
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3.3. TOOLS TO MINIMISE AND COMPENSA
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In some cases, these EIA provisions
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Tighter legal requirements on SIAs
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First, legislation typically requir
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under the Village Land Act, “cust
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prohibits “arbitrary” deprivati
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the implementation of micro-project
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BOX 7. THE SAN OF BOTSWANA: COMBINI
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aise issues about the project’s s
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Tight rules on statutes of limitati
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to hold the parent company responsi
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IV. CONCLUSION 107
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Part III of the study analysed rece
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FIGURE 3. LEGAL TOOLS - CONCEPTUAL
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4.2. FROM LEGAL TOOLS TO LEGAL EMPO
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First, each of the legal tools anal
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account is shaped by power relation
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4.3. WHAT NEXT? This study has deve
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V. ANNEXES 121
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years or periodic tenancy, usually
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5.2. REFERENCES 5.2.1. Literature A
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Egbe, S.E., 2001b, “The Law, Comm
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Platteau, J.P., 2000, “Does Afric
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BACONGO v. Department of the Enviro
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Legal empowerment for local resourc
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Legal empowerment for local resource control

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