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05-06: Securing Land Rights in Mining Investments
Assessment of Legal and policy Frameworks Affecting Land Access for Extractive Projects in Kenya.
Land Development and Governance Institute, Kenya
Before year 2012, extractive projects in Kenya mainly covered medium and small scale mining operations. Thereafter, an incredible growth in the sector has taken place owing to the discovery of commercially viable oil deposits. This growth has occasioned acquisition of large tracts of land to roll out extractive related projects. The acquisition is mainly affecting unregistered community land and is threatening security of tenure rights. It is likely to increase land related conflicts. How these threats are addressed is of significant importance.
A need has emerged for assessing the adequacy of the legal and policy frameworks governing land acquisition (access) in relation to oil and gas exploration, development, production and mining operations in Kenya. This paper provides an assessment of these frameworks. It is guided by sustainable development principles.
Women's Land Rights In Large- Scale Based Investments: The Case Of Uganda's Oil And Gas Sector.
MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT, Uganda
Land acquisitions throughout Africa are largely driven by increased investments in land triggered by increased global demand for energy, minerals, oil resources, food and infrastructure development (Cotula, L 2009). In Uganda, land acquisitions are largely triggered by infrastructure development for electricity generation, transmission and distribution, roads, mineral and petroleum extraction, agricultural investments, re settlements for war/conflict and environmental refugees, conservation purposes and preservation and restoration of the environment.
Both public and private sector projects involve acquiring land which often requires people to move elsewhere and resettle. In general, resettlement has not always been successful and there are several recent examples where impacted people have claimed negative human rights outcomes (Uganda Draft LARRP, 2017). The consequences of poorly planned resettlement are well known internationally and include landlessness, homelessness, joblessness, relatively higher mortality and morbidity, food insecurity, lack of access to common property and public services, and disruption of the existing social organization.
Illegal Mining and Land Governance in the Brong-Ahafo Region of Ghana.
Ghana Institute of Management and Public Administration, Ghana
In Ghana, a number of human activities including mining, tree felling, bush and charcoal burning, overgrazing, improper use of agro-chemicals among others continue to hamper efficient the efforts by governments towards efficient land and environment governance. In February 2017, Ghana’s Ministry of Lands and Natural Resources (MLNR) initiated a program aimed at stopping the proliferating trend of illegal small scale mining locally referred to as Galamsey to help save and protect the land and forests from destruction. The specific objectives of this research are: to explain the strategy employed by MLNR in operation “Stop Galamsey”; and to assess the effectiveness of MLNR Strategy at curtailing Galamsey. The study recommends a process of monitoring of the program located within Civil Society to ensure sustainability and also pushes for the development of guidelines on mine closure.
The Political Economy Land And Extractives In Post-liberalisation Tanzania: Towards A Synthesis
1DIIS, Denmark; 2Roskilde University, Denmark; University of Dar es Salaam, Tanzania, and, University of Dodoma, Tanzania; 3University of Dar es Salaam
The land grabbing literature depicts large-scale investments as infringements on locals’ rights. Initially, the literature’s main focus was on foreign investors from the global North as land grabbers, but increasingly the role of other actors has been recognised. Since then, the scale of land acquisitions as well as the research methodologies have been up for revision and the research agenda has diversified into new fields. This paper suggests revisiting the grab literature’s point of departure by focusing on the reasons why some groups lose access to their land and others not. By combining a political economy approach with case studies of mining and natural gas investments in mainland Tanzania it argues that state leverage has been strengthened and that it may not always be the rural smallholders losing out. A renewed emphasis on national ownership of resources and populist electoral politics have weakened the hand of foreign investors.