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02-10: Balancing rights, development and natural resources protection
10:30am - 12:00pm
Session Chair: Omoding James Peters Opio, AfDB, Côte d'Ivoire
Land and resource tenure tensions driven by extractives on the commons of Karamoja – Uganda:
Herbert Kamusiime1, Eddie Nsamba Gayiiya1, Elisa Scalise2, Christine Kajumba1, Margaret Rugadya3
1Associates Research Trust Uganda, Uganda; 2Resource Equity, US; 3Global Land Expert
The Karamoja commons are richly endowed with minerals, including gold, limestone and marble. Both foreign and domestic companies have mining interests in the region. Open access defines the commons, is key to the success of herding, but, to mining it presents a dilemma; there is unimpeded access to mining claims, yet these are being individualized amidst changing land use. The status of the reversionary interest of the once common lands when mining is concluded, is at stake. Open access means high influx of miners, hence high mineral supplies and low prices. Not helping are blind spots between mining and land laws that allow mining companies to operate like ‘middlemen’ using their licenses to exclude competition. Open access and the legal and policy blind spots make it difficult to determine recipients of royalties and surface rights compensation. This leaves communities with neither the commons for herding nor the benefits from mining.
Emerging issues in convergence of conservation and development within wildlife protected areas in Kenya
Kenya Wildlife Service, Kenya
Kenya is implementing a national long term development plan aimed at transforming the country to a newly industrializing middle-income country by the year 2030. The development of physical infrastructure including transport and energy infrastructure, is considered as one of the catalysts for this economic transformation. However, national development requires the use of land reserved for conservation purposes including wildlife protected areas. In the recent past, the country has come up with innovative ways to avail conservation land for development while ensuring the necessary environmental mitigation measures are undertaken in order to ensure sustainable development. The paper presents the emerging issues in convergence of conservation and development within wildlife protected areas in Kenya.
The assault on sanctity of village lands in Tanzania by conservation initiatives
Lawyers' Environmental Action Team (LEAT), Tanzania
in 2009 Tanzania enacted the Wildlife Conservation Act (the WCA). Its section 16(4) required the Minister responsible with wildlife to publish a list of game controlled areas (GCAs) within one year after its coming into force and give reasons for their continuation. To this date, the Minister has not done so. Yet the repealed WCA of 1974 allowed habitation of GCAs by people. The Village Land Act likewise legalized villages created under the villagization program of 1974-75 and WCAthose that were created on GCAs. The 2009 WCA banned the existence of GCAs on village lands meaning the Tanzanian government was duty bound to re-gazette GCAs and ensure that none of them was on village land as GCAs were elevated into protected areas status barring human activities on them. The failure to resolve this conflict of laws many render many villagers landless.
Protecting the nexus between communities’ land and water tenure rights: a comparative analysis of national laws recognizing the freshwater rights of indigenous peoples and local communities
1Rights and Resources Initiative, United States of America; 2Environmental Law Institute, Malawi
Indigenous and local communities utilize and govern terrestrial and freshwater resources in an integrated manner, yet insufficient attention has been paid to community-based “water tenure,” linkages between communities’ water and land tenure, and the extent that communities’ rights to freshwater are legally recognized. A forthcoming analysis seeks to narrow this critical knowledge gap by assessing the extent to which countries’ national laws recognize freshwater rights of Indigenous Peoples and local communities. Analysis of 16 countries in Africa, Asia, Latin America and Oceania concludes that communities’ recognized freshwater rights are largely dependent on their land rights. Laws governing freshwater and terrestrial resources commonly lack sufficient harmonization and gender sensitivity, while also burdening communities with onerous procedural requirements that prevent them from realizing their water rights. Findings emphasize that the security of communities’ land and water tenure demands an integrated multi-sectoral approach to legislative reform and natural resource governance.