April 2020 

Legal tools newsletter

The Legal tools newsletter is sent out every four months to keep you updated on Legal Tools for Citizen Empowerment, a collaborative initiative to strengthen local rights and amplify local voices in natural resource investments.

In this issue we focus on the mining sector, and how to help communities assert their land rights in the context of COVID-19.

Mining, human rights, livelihoods – and the COVID-19 era


Dear Colleagues,

The Legal Tools team at IIED has continued to explore issues related to mining, human rights and livelihoods through a socio-legal empowerment lens. In Guinea, where mining has often clashed with community land rights, we have been supporting a group of CSOs called the ‘Collectif’ to harmonise Guinea’s mining legislation with international human rights standards. 2020 will be a crucial year, with two important rules set to be adopted — a detailed guide and a government regulation designing procedures to govern compensation, expropriation and resettlement.
 
In Mali, IIED has an ongoing collaboration with the Publish What You Pay (PWYP) Coalition. In 2019, we co-organised an event in Bamako to present our analysis of how to improve key aspects of the new mining law, including tax, local revenue management and the regulation of artisanal mining. Certain recommendations were included in the law and we are now drafting guidance on how the Parliament and the Ministry of Mines can formulate subsequent regulations in these areas.
 
We recently travelled to the Santurbán Parámo in Colombia, one of 26 precious high-altitude ecosystems that provide water for millions. There, artisanal gold miners are finding it increasingly difficult to conduct their livelihood activities, trapped between exploration permits granted to large-scale investors and the Parámo. Our blog with Jimena Sierra, proposes a rebalancing of the mining sector in favour of artisans.
 
In the era of COVID-19, these issues are more relevant than ever. Though the economic consequences of the pandemic will certainly slow demand for most commodities, it may also shrink the policy space to regulate mineral extraction in a way that enhances livelihoods and human rights. And while there is discussion of using the crisis to reshape the global economic system in favour of the poor, many low and middle-income countries may find it difficult to reduce their commodity-dependency and to renegotiate the agreements imposing asymmetrical economic rules, as our latest blog explores. We must continue to generate evidence, mobilise and act to create a fairer world. We believe our long-term efforts to secure rural communities’ rights to land and natural resources will enhance their ability to deal with future shocks.
 
– Brendan Schwartz
Senior Researcher, Legal Tools team

Blogs, webinars and Q&As

A cement factory in Cameroon. The country's government has a framework for development policy that identifies the extractive sector as one of its driving forces (Photo: copyright RELUFA)

COVID-19 and global economic ordering: radical shift or more of the same?

The fallout from COVID-19 has triggered narratives about profound changes to economic ordering. A closer look provides a more complex picture, particularly for countries in the global South. 

Mining reforms have left Colombia’s artisanal miners behind

Following a recent visit to California, Colombia, Jimena Sierra and Brendan Schwartz discuss the impact of the government’s push to promote large-scale mining on artisanal and small-scale gold miners.

Illustration on human rights, social justice and international law (Picture: humanrights.org)

Global resource governance and international economic law: can human rights advance social justice?

As debates rage about the relationship between human rights and economic ordering, we reflect on “land grabbing” advocacy and the insights it provides about the place of human rights in social justice struggles. The blog is part of an online discussion convened by the IELCollective.

Land grabs and broken promises on corporate responsibility, combined with government inaction, have led to conflict between corporations and communities in Borneo and Sumatra (Photo: David Gilbert, RAN via Flickr, CC BY-NC 2.0)

Land rights and investments: why business standards are not enough

International standards can help businesses fill gaps in national law, but addressing issues at scale requires systemic governance reform.

A Kenyan farmer uses a mobile phone in the field (Photo: Neil Palmer, CIAT via Wikimedia, CC BY-SA 2.0)

Webinar: Using technology to increase market and finance access for smallholders

Our latest webinar, held on 24 March, discussed an experience of linking smallholder farmers to targeted services and buyers and to strengthen their position with other actors.

Women and men demanding more land rights in Nepal (Photo: International Land Coalition)

Q&A: Successful social mobilisation for land rights in Nepal

Jagat Basnet, an advocacy, research and policy analyst for EPIC partner Community Self-Reliance Centre and a seasoned land rights campaigner, explores how social movements can support climate justice and interact with sustainable development organisations in Nepal.

Q&A: helping communities protect their land rights

Rachael Knight talks about how IIED’s Legal Tools team supports grassroots advocates and communities impacted by large-scale land acquisitions.

Mali’s new mining law: an improvement, but fails artisanal miners

Mali’s long-awaited mining reforms are here. A mix of progressive and outdated measures, the code must pass parliamentary review before entering into law. We assess the significance of three aspects of the legislation. 

Project updates

Screen capture of the Community Land Protection Initiative landing page on the International Land Coalition website (Credit: ILC)

Community Land Protection Initiative

The Community Land Protection Initiative (CLPI) supports land rights practitioners from around the world to share best practice to support communities to document and protect their indigenous and customary lands. The International Land Coalition, which co-organises the project with Namati and IIED, has gathered all the project resources produced by participants: blogs, “how to” videos and short topical guides to share successful strategies and innovative solutions towards land protection. CLPI also features in the IIED project page focused on helping communities assert and defend their land rights: Assisting communities to seek legal redress for land rights violations.
 

Strengthening women’s participation in land governance

A new phase has started for this project in Senegal and Tanzania. IIED and local partners IED Afrique and TAWLA have developed workplans for each country, and in January held an inception meeting which started defining activities and agreed expected outcomes. In both countries, the project team is planning to assess the impacts of approaches developed during the last phase of the project to strengthen women’s participation in local decision-making processes on land – particularly issues such as land administration, demarcation and mapping and land use planning. Field activities were due to start in March, however the project team is now reconsidering their workplans due to the COVID19 outbreak. Find out more about the first phase of the project in the 2019 highlights in our digital annual review.
 

Securing land rights in Cameroon

LandCam continues to engage public opinion, produce research and mobilise rural communities to influence Cameroon’s land tenure reform. A women-only workshop on leadership and participation in local land management was held in November 2019 in Sangmélima. The training  reflected on how “31 champion women” could collaborate to address violations of their land rights, and on techniques for community mobilisation and participation in community land affairs. Participants committed to mobilising other women to defend their land rights in their respective villages.
In January, we organised a second micro-grants programme to encourage journalists' reporting on land-related issues, and to highlight stories that illustrate the challenges faced by many Cameroonians over land governance. The resulting articles have contributed to mainstreaming discussion on land in the media. For regular information about our work in Cameroon, subscribe to updates at www.landcam.org
 

New land laws in Sierra Leone


Rachael Knight, Senior Associate in IIED's Legal Tools for Citizen Empowerment Team, has been working as a consultant for the FAO's Development Law Service, supporting a small team of Sierra Leonean lawyers to draft two new laws for Sierra Leone: a Customary Land Rights Bill, and a Land Commission Bill. Rachael has been working closely with the drafting team to ensure that these laws:
  • make customary land rights privately held, and customary land owned, managed and governed by the people who have been living on and using them for generations;
  • make all community members co-owners and co-managers of common lands and natural resources like forests, wetlands and grazing areas;
  • forge strong protections for communities approached by – and negotiating with – investors seeking lands;
  • protect women's land rights and land inheritance, and give women an equal say in all family land transactions;
  • ensure that communities are not dispossessed from protected areas, but rather co-manage such areas together with the requisite government agencies; as well as setting out many other environmental protections as well as rights for vulnerable and marginalised groups.

Empowering Producers in Commercial Agriculture

EPIC partners CSRC, NACCFL, WOLREC and IIED gathered in WOLREC’s offices in Blantyre, Malawi in November for two days of sharing and learning. The country teams presented progress so far in year one of the project, sharing reflections on successes and challenges. We then held an international event with participants from producer organisations, civil society organisations, private sector and government from across Africa and Asia, to share experiences of work in support of producers as they engage in supply chain relations. A field visit was organised to the Nsuwadzi outgrowers tea association in Thyolo district, where EPIC Malawi is working closely with Nsuwadzi members. Discussions spanned approaches to supporting smallholders directly to identifying and tackling some of the structural issues faced in rebalancing power in agricultural value chains – presenting both opportunities and limitations for socio-legal empowerment.

Events

Conference on Land Policy in Africa

At the third edition of the Conference on Land and Policy in Africa (CLPA), which took place from 25-29 November in Abidjan, Côte d'Ivoire, LandCam partners IIED, CED and NES Cameroon made presentations, respectively on earth observation for land use change monitoring; expropriation in Cameroon; and transparency, corruption and tenure security in land governance. We also participated in the closing roundtable on "Land, Ethnicity and Conflict: Causes and Solutions Proposed by CSOs in Land Reform in Cameroon".
 

Rethinking international investment treaties and dispute settlement

In January, we attended as an observer the resumed 28th session of the United Nations Commission on International Trade Law (UNCITRAL)’s Working Group III on Investor-State Dispute Settlement (ISDS) Reform – here are a few reflections on the outcomes. The 39th session – originally planned for 30 March–3 April – was postponed until further notice due to the COVID19 situation.

Publications and briefings

Against the odds: growing producer power in agricultural value chains

Against the odds: growing producer power in agricultural value chains

Commercial agriculture can take different forms and there is great variety in how small-scale farmers engage with it. Drawing on insights from producer associations, development agencies, government bodies, advocates and businesses, we explore how farmers and their communities are being supported to navigate structural factors.
‘Blue economy’: why we should talk about investment law

‘Blue economy’: why we should talk about investment law

Public debates about advancing a ‘blue economy’ have signalled new momentum for foreign investment in the sector, from deep seabed mining to new opportunities in fisheries, infrastructure development, renewables and coastal tourism. Policymakers should carefully think through possible tensions between international investment law and other rules that govern marine activities, and work to ensure policy coherence to support sustainable development.
Land rights and investments: why the IFC performance standards are not enough: A comparison with the Voluntary Guidelines on the Responsible Governance of Tenure

Land rights and investments: why the IFC performance standards are not enough: A comparison with the Voluntary Guidelines on the Responsible Governance of Tenure

This briefing note identifies the areas in which the VGGT differ from, and add value to, the IFC-PS, and outlines recommendations for governments, businesses, donors and social actors.
Land and human rights: Towards a rights-based approach for addressing commercial pressures on land

Land and human rights: Towards a rights-based approach for addressing commercial pressures on land

This submission to the Committee on Economic, Social and Cultural Rights aims to offer strategic direction for efforts to secure land rights and tackle the pressures, both in law and in practice. It was presented at a Discussion Day convened by the Committee (Geneva, 14 October 2019).

Academic publications

Between hope and critique: Human rights, social justice and re-imagining international law from the bottom up

Between hope and critique: Human rights, social justice and re-imagining international law from the bottom up

At a time when many social movements use international law to mobilise human rights to frame their advocacy, a growing body of critique has questioned the viability of human rights as a vehicle for social justice. Taking a socio-legal approach, this article reflects on the place of human rights in strategies to advance social justice.
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