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.
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.
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.
Canada’s Prime Minister, Stephen Harper, took a significant step toward promoting transparency and reducing global poverty. He announced yesterday that Canada will implement mandatory reporting requirements for Canadian extractive companies operating both in-country and abroad.
This mandate will require Canadian extractive companies to publicly disclose the payments they make to foreign governments in exchange for permission to operate on their soil. This development will help promote transparency in the mining sector and, if implemented effectively, could help combat the “resource curse.”
Fighting the Resource Curse through Access to Information
Tackling the “resource curse” is a challenge of global proportions. The term applies to situations where, despite a country’s mineral or oil wealth, poverty is exacerbated in part by weak or corrupt institutions, government mismanagement of revenues, and a failure to re-invest into projects that benefit the public—such as infrastructure, education, and healthcare. Often, citizens of resource curse countries aren’t able to hold their governments accountable for this abuse of power because they lack information about their country’s revenues and expenditures (see Box).
The High-Level Panel on the Post-2015 Development Agenda provided a welcome injection of energy and ambition into the future of development with its final report released last week. While the details will be parsed over the coming months, the report’s recommendations were at once bold and practical. The Panel sees that the promise of a world free of extreme poverty is within reach, and achieving this vision requires that sustainability and equity should be at the core of the global development agenda.
While there have been many such calls to move the world onto a more sustainable and equitable development path, if the Panel’s proposals are to be truly acted upon, the results would be transformational.
With that in mind, let’s look at how the report stacks up against the four “issues to watch” that we highlighted last week:
1) Will sustainability be on the margins or at the center of the post-2015 agenda?
This was a clear winner, as the Panel recognized that environmental sustainability and poverty eradication are inextricably linked. The report identified sustainable development as one of five essential “transformational shifts.” Unlike the Millennium Development Goals (MDGs), which relegated the environment to just one of eight goals, the panel offered four goals--on energy, water, food, and natural resources--that directly connect human well-being with care for the planet.
Harriet Bibangambah, a Research Officer at Greenwatch Uganda, also contributed to this post.
Uganda is one of only 10 African countries with a national access to information (ATI) law. These types of laws are essential to human rights, providing citizens with legal access to the government-held information that directly impacts them—information on issues like mining permits, logging concessions, air quality data, and more. But as researchers are learning, ATI laws on the books do not necessarily guarantee freedom of information.
Uganda passed its Access to Information Act in 2005, releasing an implementation plan and ATI regulations in 2011. The regulations establish procedures for citizens to request government-held information and for the government to respond to citizen requests. WRI and Greenwatch, a Ugandan environmental law and advocacy organization set out in August 2011 to investigate how the law works.
Rural farmers depend on land and natural resources for food, income, and their physical well-being. But what happens when national or local governments prevent rural people and communities from farming their land?
All governments have the authority to restrict the use of private land, usually for public interest purposes, such as environmental management or biodiversity conservation. In these cases, the affected individuals should be compensated for their losses even though the land remains theirs. Problems arise when governments routinely restrict the use of private property for ordinary government business or for meeting short-term political ends. With weak rights to their property and insecure tenure arrangements, local people stop investing in their land and natural resources. In many countries, governments restrict the use of private property without consulting the landholders or providing compensation. With courts too expensive to access, poor people have few opportunities for recourse.
How do governments balance the benefits to the national public with the rights of local citizens? Can these national benefits be achieved without restricting rural people’s land use? To find out, watch WRI’s new animated video, “A Farmer in Africa.”
As we enter 2013, there are signs of growth and economic advancement around the world. The global middle class is booming. More people are moving into cities. And the quality of life for millions is improving at an unprecedented pace.
Yet, there are also stark warnings of mounting pressures on natural resources and the climate. Consider: 2012 was the hottest year on recordfor the continental United States. There have been 36 consecutive years in which global temperatures have been above normal. Carbon dioxide emissions are on the rise – last year the world added about 3 percent more carbon emissions to the atmosphere. All of these pressures are bringing more climate impacts: droughts, wildfires, rising seas, and intense storms.
All is not lost, but the window for action is rapidly closing. This decade--and this year--will be critical.
Against that backdrop, experts at WRI have analyzed trends, observations, and data to highlight six key environmental and development stories we’ll be watching in 2013.
As government leaders prepare for next month’s UN Conference on Sustainable Development (Rio+20) in Brazil, one issue is conspicuously absent from the agenda: land rights. Strong property rights—the rights for people to access, control, transfer, and exclude others from land and natural resources—create incentives to invest in sound land management and help protect land from expropriation.
Strengthening land rights has not featured prominently in Rio+20’s first two Preparatory Committee (PrepCom) meetings or the “Informals” that preceded them. In fact, only one line in the 29 March draft of The Future We Want, the principle outcome document for Rio+20, touches on land rights. That reference—“avoid creating food and water insecurities and limiting access to land, particularly for the poor”—has already been opposed by a number of developed nations, including the United States and the European Union.