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

The Realm of CE

Sound check… -Process 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 locally -Promotes 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

Impediments -Unaccountable 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 cont… -Inadequacy 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 residents…Kwale

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 sector -Address information gaps and misinformation, raise public awareness and create the conditions for the stronger citizens’ involvement -Checks and balances: making optimal use of constitutional provisions on public participation, citizen empowerment and the public scrutiny of power-holders -Resolve apparent tensions btwn national-county govts, community revenue sharing -Strengthen transparency and accountability through reasonable public disclosure

Conclusions & Recommendations -Politics 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 stake -Move from a public relations approach to one more focused on fostering dynamic community dialogue and participation

NAMUVERA ZHOMU