Many countries in Africa are rich with trees, wildlife, minerals, and other natural resources. But as new WRI research and an interactive map show, few national laws provide communities with strong, secure rights to the resources on their land.
WRI conducted a systematic review of the national framework laws for five natural resources—water, trees, wildlife, minerals, and petroleum—in 49 sub-Saharan African countries. The results are presented in our new Rights to Resources map.
Manish Bapna highlights five standout climate and energy stories of 2013, which point to signs that some businesses, consumers, and governments are moving toward a growing understanding of the risks of climate change. The question is whether this heightened awareness will shift a global course quickly enough to reduce negative climate impacts. This blog post was originally published at Forbes.
In much of Africa, land and natural resources are governed by separate laws under different property rights systems. As a consequence, one entity may legally hold the rights to the surface land while another holds the rights to the natural resources under the same land.
It is not possible to effectively address climate change without substantive [greenhouse gas] GHG emission reductions by the transport sector. But putting the pieces together – especially in developing countries – will require fine-tuning transportation climate finance readiness to match growing demand.
In much of Africa, the bundle of land rights that most rural people legally hold is relatively small—usually limited to surface rights and certain rights to some natural resources on and below the surface, such as rights to water for domestic use. Many high-value natural resources—such as oil, natural gas, minerals, and wildlife—are governed by separate legal regimes and administered by different public institutions. Africa’s governments often allocate these rights to outside, commonly foreign companies for large-scale operations. In other words, while many communities hold rights to the land, foreign companies hold the rights to the natural resources on or under the same plot. These overlapping rights oftentimes lead to conflict, unsustainable use of resources, and injustices.
Laws that ensure access to information provide citizens with the right to crucial facts and data, including those about natural resources that are critical to livelihoods. These transparency laws are the cornerstone of good governance, which all governments have a duty to respect, protect, and fulfill. With the goal to improve governance, The Access Initiative (TAI) successfully influenced a model African Union access-to-information law, as well as a new United Nations Environment Programme (UNEP) access-to-information policy.
WRI is the Secretariat of TAI, the largest network in the world dedicated to ensuring that citizens have the right and ability to influence decisions about the natural resources that sustain their communities.
International and regional institutions, such as UNEP and the African Union, have wide-reaching effects that shape national policies. However, without robust access-to-information policies, UNEP and the African Union lacked practical means of ensuring that their decisions consider sustainable development concerns and the interests of the poor.
WRI has a long history of shaping legal, institutional, and practical reforms to improve transparency, inclusiveness, and accountability around environmental decision-making. This history lay the groundwork for WRI and TAI partners to effectively campaign for UNEP and African Union reforms.
Before Rio+20, WRI and TAI partners presented strong arguments to delegates and helped draft language, which were incorporated into UNEP’s final decision to adopt an “access to information” policy. Simultaneously, WRI worked with partners to review and comment on an African Union model access-to-information law. WRI submitted official comments and provided recommendations to reduce exceptions to the law and include new provisions to better guide implementation and promotion of the policy. The majority of our specific recommendations were adopted in the final model law.
Today, UNEP is finalizing its access-to-information policy and working with WRI to enhance stakeholder participation in decision-making. When the policy is finalized and implemented, UNEP will be one of the most transparent and inclusive organizations in the United Nations system.
The African Union (AU) passed a strong model law, which provides a template for all African countries to write access-to-information acts. It provides legislators a tool to address issues specific to the African context, such as requirements to improve record-keeping and provisions for oversight and monitoring by an independent enforcement body. Currently, of the 54 African countries, only 13 have access-to-information laws. This new, model law encourages the 41 other countries to pass similar legislation.
WRI and TAI are building on our success with UNEP and the AU in new ways, such as working to influence the Open Government Partnership on high-level transparency and accountability policies.
Land and natural resources lie at the heart of social, political, and economic life in much of rural Africa. They represent fundamental assets—primary sources of livelihood, nutrition, income, wealth, and employment for African communities—and are a basis for security, status, social identity, and political relations.
Given the importance of land and natural resources to local livelihoods and well-being, rural people and communities need strong, secure rights over their property. Property rights issues, however, can be complex. They’re often misunderstood, even by many policymakers and development practitioners.