1. BUILDING CONSENSUS ON COMMUNITY ENGAGEMENT WITHIN LAND REFORMS AND THE EXTRACTIVE SECTOR IN KENYA CONFERENCE SAROVA PANAFRIC HOTEL, MARCH 12-13 TH 2015 Mobilizing Communities to Engage in Natural Resource Reforms: Strategies and Innovative Approaches Felesia Muyia-Odada, Act Change Transform www.act.or.ke

2. Outline 1. Introduction 2. Why public participation in the natural resource reforms? 3. Current state of public participation in Kenya 4. Approaches and strategies for public participation 5. Roles for different actors

3. Introduction: What is public participation? Who participates? What are the principles? It is a process through which interest groups, individuals or organizations are involved in decision making processes on issues that affect them. What are the principles of participation? Inclusive Educative Open and transparent Context oriented Informative and proactive Credible and rigorous Tiered and optimized

4. Why public participation in natural resource reforms Includes needs and interests of all stakeholders Promotes involvement of those potentially affected by or interested in a decision Ensures the public is informed and appreciates what the duty bearers are doing Promotes public support/acceptance on government projects Ensures accountability and commitment by duty bearers Mitigates against violent conflicts Reduces over-exploitation and degradation of resources Bridges the gap between stakeholders- civil society, public, government, private sector

5. Current state of public participation in Kenya- Legal frameworks Article 1- all sovereign power belongs to the people Article 10- sets out democracy and participation of the people and inclusiveness as principles of governance in Kenya Articles 54, 55, 56 and 57 provide for participation of PWDs, minorities, marginalized groups, youth and older members of society Article 69 sets out obligations of the state in respect to the environment including public participation in the management, protection and conservation of the environment Article 174c- provides for participation of people in the exercise of the powers of the state in making decisions affecting them

6. Current state of public participation in Kenya- Legal frameworks 1.EMCA- Amended EMCA 1999 to include principles of voluntary environmental management, rule of law, social justice, public participation, non-discrimination, devolution 2.Forest Act 2005-45 (1)- A member of a forest community may, together with other members or persons resident in the same area, register a community forest association under the Societies Act.

7. Current state of public participation in Kenya- Gaps and challenges Lack of a national legal framework Lack of political goodwill to ensure participation Inadequate resources and poor planning (expensive and time consuming) Contextual issues Lack of feedback mechanisms- need for appreciation of decisions made and the implications

8. Approaches and strategies Citizens participation ladder: Arnstein (1969, Journal of the American Planning Association, 35: 216-224) Manipulation Information Consultation Participation Delegation of Power Citizens control

9. Approaches and strategies: Cont Consultation- shift from giving information to asking for views Form and strengthen ‘Communities of Interest’ Collaboration- need for the public, CSOs and government to work together Empowerment Use of ICT Contextualize public participation approaches

10. Roles for different stakeholders- Public Public: 1. Know your rights!! –eg right to information (Free, Prior and Informed Consent), participation, natural resource benefits, right to petition 2. Participate and take advantage of available opportunities eg EIAs

11. Roles for different stakeholders- Civil Society Civil society 1. Strategic advocacy programming- Advocacy, FOR, WITH, BY 2. Multipronged programming approaches to keep the public engaged- eg advocacy, livehoods

12. Roles for different stakeholders- Government President Reagan- “Nine Most Terrifying Words in English” “I'm from the government and I'm here to help” are the "nine most terrifying words in the English language," according to President Reagan. 1.Involve other stakeholders 2.Adhere to legislative provisions on public participation 3.Formal and informal programmes on civic education

13. Thank you