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Legal empowerment for local resource control

Legal empowerment for local resource control

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emphasise helping clients themselves make the strategic choices in their<br />

<strong>empowerment</strong> process.<br />

In addition to activities and materials to build the capacity of <strong>local</strong> <strong>resource</strong><br />

users, para-legal tools also include ef<strong>for</strong>ts to work with government and<br />

private-sector actors. Addressing power asymmetries requires not only<br />

building the capacity of weaker actors better to articulate their views and<br />

have their voice heard; but also building the capacity of stronger actors<br />

better to listen to and take account of weaker actors’ concerns. Working<br />

with government may include building the capacity of government officials,<br />

judges and others better to apply legal tools to the benefit of <strong>local</strong> <strong>resource</strong><br />

users. Working with <strong>for</strong>eign investors may raise awareness about the<br />

positive and negative impacts of investment projects on <strong>local</strong> <strong>resource</strong><br />

users; and about ways to maximise benefits and minimise costs, showing<br />

that these may be consistent with and even supportive of the investor’s<br />

business interests.<br />

The diversity of the para-legal tools that have been experimented and used<br />

in different parts of Africa calls <strong>for</strong> lesson-sharing and exchange of<br />

experience among legal services organisations; and <strong>for</strong> disseminating<br />

lessons learned and experience gained to a wider audience that may be<br />

inspired to start similar processes elsewhere. However, these issues are only<br />

briefly touched on in this study, mainly through boxes accompanying the<br />

main text and aimed at providing a flavour of the range of para-legal tools<br />

that can be used. These tools deserve far greater attention, and will be<br />

tackled more comprehensively in subsequent activities of the “<strong>Legal</strong> tools”<br />

project (see above, Box 1).<br />

2.3.3. To sum up<br />

Appropriate legal tools can help <strong>local</strong> <strong>resource</strong> users have greater <strong>control</strong><br />

over the <strong>resource</strong>s on which they depend, through strengthening protection<br />

of their legal entitlements (in terms of both content and remedies).<br />

Implementation and outcomes of these legal tools are shaped by extra-legal<br />

factors (political, economic, social, cultural and other) that affect the<br />

capacity of <strong>local</strong> groups to claim their entitlements. <strong>Legal</strong> tools must<br />

there<strong>for</strong>e be accompanied by para-legal tools that strengthen <strong>local</strong> capacity<br />

to use the opportunities offered by the law (Figure 2).

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