David Barisa

PowerPoint Presentation

Community Engagement In Building The Legal Framework For The Extractive Sector. Are we there yet??

David BarissaActionAid International

The Realm of CE

Sound checkProcess 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 locallyPromotes 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

ImpedimentsUnaccountable 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, ..)

Impediements contInadequacy 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

Mrima residentsKwale

Without just and effective laws, leave our natural resources alone!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 sectorAddress information gaps and misinformation, raise public awareness and create the conditions for the stronger citizens involvementChecks and balances: making optimal use of constitutional provisions on public participation, citizen empowerment and the public scrutiny of power-holdersResolve apparent tensions btwn national-county govts, community revenue sharing Strengthen transparency and accountability through reasonable public disclosure

Conclusions & RecommendationsPolitics 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 stakeMove from a public relations approach to one more focused on fostering dynamic community dialogue and participation

NAMUVERA ZHOMU