This blog post is part of the series What to Read. This issue has been developed in the frame of a project in collaboration with ANGOC, ALRD and funded by the Global Forum on Agricultural Research (GFAR).
Rather than scaling up, I think we should be talking about scaling out and scaling over time when it comes to inclusive, community-led land governance. I tried these ideas out with some success two weeks ago at the annual LANDac Conference in the Netherlands, specifically during a Round Table which asked “(how) can we scale bottom-up or community-based initiatives towards fair and inclusive land governance”?
This session addressed the fact that the rights implications and the social and economic consequences of current climate change and biodiversity strategies in the context of the Rio Conventions for millions of people are not sufficiently acknowledged, researched, and addressed. The presenters and participants discussed the urgent need to have public, academic and policy debates about the impact of land-based climate and biodiversity strategies on poor communities and the development trajectories of rural economies.
In the wake of global climate action, large-scale land acquisitions (LSLAs) for renewable energy and carbon offset projects will increase the pressure on land. In addition, deforestation-free value chains that are also intended to reduce carbon emissions will require changes in the conduct of LSLAs. This session assessed the scope of these investments and policies and reviewed their livelihood and environmental impacts in the Global South.
Key takeaways
This panel session reflected on the definition of ‘scaling-up’ with experts from the field bridging experiences from the ground to the theoretical concept of scaling. The focus lied on scaling for increased tenure security – geographically and/or institutionally. Reflections were given on what was scaled, why, how scaling unfolds and what has been learned – in the field of land governance. The session was organized by LAND-at-scale. Scaling is at the heart of both the name as well as the strategy of the LAND-at-scale program (LAS).
Uganda’s extractives industry is growing exponentially and attracting both foreign and domestic mining companies. But too often, mineral-rich communities fail to benefit. Here, Kevin Bakulumpagi of ANARDE, Uganda discusses how Community Development Agreements can ensure affected communities both benefit from mining operations and are meaningfully engaged in agreements regulating mining activities.
Between 2021 and 2022, mining and quarrying activities in Uganda recorded a gross value added of 40,076 billion Uganda shillings – contributing 27.1% to its GDP. Whereas these country statistics seem attractive, the interests of mining-affected communities are often ignored, resulting in frequent community–investor tension and conflicts. Deeper and more meaningful engagement is needed to sustain the industry.
On 14th October 2022, the Ugandan government signed into law the Mining and Minerals Act 2022 to better regulate the industry and distribute benefits from mining activities. The act introduces the use of Community Development Agreements (CDAs) to enhance local community development and welfare while empowering communities to negotiate for more sustainable and beneficial arrangements.
Advocates for Natural Resources and Development (ANARDE), together with IIED and the Columbia Center on Sustainable Investment (CCSI) have advocated not only for the use but also the regulation of CDAs. We have supported the government with valuable inputs to ensure the interests of mining-affected communities are well represented.
Uganda’s legal framework on mining did not provide clear mechanisms for community engagement or finding consensus. Instead, mining companies already engaging with impacted communities – which are by no means all of them – do so on a case-by-case basis, privately working with local governments, community leaders or community trusts. In addition, most of the engagements are only voluntary or optional arrangements and are treated as Corporate Social Responsibility or certification requirements.
Most of these agreements are often non-binding or merely memoranda of understanding that are not legally binding. They are also often unplanned, lack transparency and vary from project to project with little means of enforcing agreed terms. Instead, engagements must be systematically institutionalised to ensure consistency, accountability and responsibility in company practice with corresponding repercussions for failure to fulfil their duties.
CDAs are legal arrangements made between investors and host communities and are viewed by government and other stakeholders as a mechanism to assist in the development and enhancement of community welfare through equitable revenue-sharing arrangements. Usually enforceable by all parties, CDAs provide a legal basis for communities to cement their arrangements with mineral rightsholders.
Mining companies are increasingly using CDAs to clearly define their relationships with and obligations to impacted communities. This helps to ensure that communities are not harmed by – and also benefit from – the value created by local large-scale investments.
CDAs also encourage the effective engagement with and participation of communities prior to any investment activities. CDAs facilitate access to information and encourage community-defined development outcomes, giving them an opportunity to shape the distribution of royalty payments, infrastructure development and other social benefits contributed by an investor.
By transferring some control from the government to impacted communities, CDAs empower communities to act – through legally enforceable agreements – should a company fail to deliver on its promises. The approach taken to CDAs will also have cross-sectoral significance for other large-scale land-based investments in fields such as agriculture and forestry.
With the law coming into force, CDAs have now become an integral part of the licensing process and a means to generate benefits for the community. For tangible results, however, significant efforts are needed to build capacity of all actors involved and to ensure that consultation and negotiation processes protect community rights. Much more work is needed if CDAs are to become more than mere legislative provisions:
New regulations must provide certainty and nuance about what is expected from all stakeholders, including companies, communities and the government, and
To ensure the provisions of the act are implemented effectively, it is crucial that institutional capacity and understanding is strengthened, that community capacity and awareness are enhanced, and that compliance and enforcement are closely monitored.
At ANARDE, we are supporting the Ugandan government in developing detailed regulations, drawing on our practical experience and engagement with communities in extractive-intense areas – such as Albertine Graben, Karamoja, Busia and Mubende – to develop proposed CDA regulations that complement provisions already in the Mining and Minerals Act 2022.
We further hope to assist the responsible institutions – such as the Ministry of Energy and Mineral Development and local governments – to anticipate potential challenges and close existing or potential gaps. By working in collaboration with the government, ANARDE also strives to amplify the voices of impacted communities and secure meaningful legal protections. But the law and supporting regulations are just the first steps. The processes used to reach substantive agreements are almost as important as the agreements themselves. There is a need to build further on what the law states to generate an organic approach for Uganda to regulating CDAs.
We cannot overstate the importance of community involvement throughout the process from negotiation to implementation and thereafter closure. ANARDE is currently developing a toolkit for communities to ensure robust processes are followed in practice. We are also working to raise awareness and provide training on step-by-step negotiation processes and the election of representatives, among others.
We believe that the benefits from natural resources must be enjoyed by communities most impacted by extraction. CDAs that have been ushered in by the Mining and Mineral Act 2022 are an important vehicle to achieve this. But achieving change will require significant effort from all stakeholders to ensure that the interests of all community members are taken into account, that agreements reached are seen as legitimate, and that there are clear channels for enforcement, so that dispute resolution is at the centre of the interaction, and that human rights, royalties and local development obligations are upheld to realise the benefits for the community.
Moving forward, government officials need to be made aware of and address the difficulties caused by top-down business-as-usual approaches. Civil society organisations need to improve their skills and provide support and backstopping for communities in negotiations. Communities need to engage with the process and demand accountability. And companies need to ensure not only the procedures but also the intention behind CDAs is achieved. Most important of all, the voices and unique circumstances of each community must be heard.
Photo Credit: A resident of Moroto District expresses her views on the relevance of Community Development Agreements Community in an outreach session by ANARDE in Karamoja region (Photo: ANARDE)
From 6-18 November, Egypt will host the COP27 Climate Summit. This year marks the 30th anniversary of the adoption of the UN Framework Convention on Climate Change. Despite this long trajectory and the progress made, climate change has increasingly severe effects across the world. The LAND-at-scale program acknowledges the central role of climate change. In a short series of blogs, the knowledge management team highlights the diverse impact that climate change has on communities across the world, and how LAND-at-scale projects contribute to adaptation and mitigation measures on the ground.
