Legal empowerment for local resource control

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BOX 3. MAKING DECENTRALISATION WORK: LEGAL LITERACY FOR
EMPOWERMENT
For decentralisation of resource rights to promote local resource control, local groups
must have at least a basic understanding of the law. Para-legal tools can help with
this.
An example is provided by the work of a Malian NGO, Eveil (“awakening”), and by its
innovative pedagogic approach called “literacy for empowerment” (“alphabétisation
conscientisante”). The approach combines basic adult literacy with para-legal
training, covering topics such as the Constitution, the functioning of government
institutions and of local governments, and alternative dispute resolution. Rather
than providing expert lectures on predefined topics, literacy for empowerment aims
to promote reflection among training participants. With the support of a facilitator
and of PRA techniques, participants are encouraged to familiarise with the law
through discussing real-life issues. The training is in a local language, Fulfulde, which
facilitates the participation of those who do not speak the official language (French).
Similar approaches have been developed in many parts of Africa and elsewhere. In
India, for instance, where legislation devolves important responsibilities to village
assemblies, the Enviro-Legal Defence Firm (a legal services organisation) holds
village-level legal literacy camps in which legal jargon is “demystified” and the law
made more accessible to local groups through participatory techniques, discussion of
real-life problems and use of local language (on this experience, see Upadhyay, 2005).
While in Mozambique resource-holding communities are private entities, in
Senegal and Tanzania they are public law bodies and constitute the lowest
level of local government. While in Mozambique the law leaves “local
communities” free to decide on their internal organisation and rules, in
Senegal and Tanzania the internal functioning of “rural communities” and
“villages” is thoroughly regulated by national legislation. While in
Mozambique what constitutes a “community” needs to be determined on a
case-by-case basis following principles of self-identification, in Tanzania and
Senegal “communities” are predefined legal entities endowed with predefined
institutions and processes. Hence, “while there will be in many cases
a need to define the land over which a particular village has jurisdiction, the
governing entity is already in place” (FAO, 2002:225). On the other hand,
concerns have been raised as to the existence of appropriate human,
economic and other resources within local government bodies in many parts
of Africa – resources that are indispensable for local governments to exercise
their natural resource management responsibilities.