Governance In The Extractive Industries

Greater understanding of the forms and consequences of investment and disinvestment in the extractive industries is required as a result of capitalist expansion, recent declines in global commodity prices, and claims that extractive sector projects, especially in the global south, are poverty reduction projects. This book explores emergent forms of governance in mining and extractive industry projects around the world. Chapters examine efforts to govern extractive activities across multiple political scales, through intermediaries, instruments, technologies, discourses, and infrastructures. The contributions analyse how multiple micro-processes of rule reverberate through societies to shape the material conditions of everyday life but also politics, social relations, and subjectivities in extractive economies. Detailed case studies are included from Africa (Chad, Nigeria, Rwanda, and São Tomé and Príncipe), Latin America (Bolivia, Ecuador, and Peru), and the UN Climate Conference.

This book synthesizes findings regarding the political drivers of institutional change in extractive industry governance. It analyses resource governance from the late nineteenth century to the present in Bolivia, Ghana, Peru, and Zambia, focusing on the ways in which resource governance and national political settlements interact.

During the last decade, the Latin American and Caribbean region has experienced unprecedented natural resources abundance. This book highlights how transparency can help realize the benefits and reduce negative externalities associated with the extractive industries in the region. A central message is that high-quality and well-managed information is critical to ensure the transparent and effective governance of the sector. The insights from experiences in the region can help policymakers design and implement effective regulatory reforms and adopt international standards that contribute to this goal. This is particularly important at a time when the recent boom experienced by extractives in the region may be coming to an end.

This book explores the persistence of the governance gap with respect to the human rights-impacting conduct of transnational extractive corporations operating in zones of weak governance. The authors launch their account with a fascinating case study of Talisman Energy’s experience in Sudan, informed by their own experience as members of the 1999 Canadian Assessment Mission to Sudan (Harker Mission). Drawing on new governance, reflexive law and responsive law theories, the authors assess legal and other non-binding governance mechanisms that have emerged since that time, including the UN Guiding Principles on Business and Human Rights. They conclude that such mechanisms are incapable of systematically preventing human rights violating behaviour by transnational corporations, or of assuring accountability of these actors or recompense for victims of such violations. The authors contend that home state regulation, while not a silver bullet, has a crucial role to play in regulating such conduct. They pick up where UN Special Representative John Ruggie’s Guiding Principles on Business and Human Rights left off, and propose an innovative, robust and adaptable template for strengthening the regulatory framework of home states. Their model draws insights from the theoretical literature, leverages existing public, private, transnational, national, ‘soft’ and hard regulatory tools, and harnesses the specific strengths of state-based governance. This book will be of interest to academics, policy makers, students, civil society and business leaders.

The potential for using revenues from extractive resources for inclusive growth in Africa is tremendous. However, the realisation of the transformative role that extractive industries could play in sustainable development has been elusive in most African countries. Extractive industries in most of these countries are plagued with numerous conflicts, some with serious casualties over the control, distribution, management and utilisation of the resources and revenues from extractive operations. Collaborative Governance in Extractive Industries in Africa presents the critical challenges facing extractive industries from different contexts, countries, sectors and settings. It features chapters with diverse angle of interest and analytical tools applied in examining the critical issues related particularly to mining and petroleum development in Africa. The contributors to this book have extensive academic and professional experience in policy research in the mining, oil and gas sectors in Africa and other regions. The book addresses the current gap in knowledge about appropriate governance regimes that could create the forum where the divergent interests and positions of various stakeholders of extractive resources and revenues could be handled - without any of them resorting to deadly conflicts. It presents the functionality of collaborative governance in enhancing for example, transparency, accountability, and equitable distribution of extractive revenues. Governance practitioners, policy- and decision makers could use the structures, components and procedures discussed in this book to develop training manuals, governance criteria and indicators for measuring and managing collaborative governance regime at the national and local levels. They will also find useful information about some of the critical elements that should guide the strategic implementation of the collaborative process.

In a world characterized by globalization, governments increasingly find themselves unable to govern. Corruption is everywhere, natural resources are being exploited, the environment damaged, markets distorted, and the fight against poverty is often ineffective. Certain challenges cannot be addressed by governments alone. Increasingly, collective governance “beyond governments” is seen as part of the solution, with state and non-state actors working together. This book sets out a framework for those wishing to implement collective governance, involving civil society, companies and governments as key actors. Based on over eight years of running the most advanced example of collective governance at international level, the Head and Deputy Head of the Extractive Industries Transparency Initiative (EITI) outline the practicalities and pitfalls, and draw out the experience of the EITI as a case example. Beyond Governments tells a positive story of how this type of innovative governance can make real achievements, but also cautions against those who see collective governance as a silver bullet to solve development challenges. It provides practical guidance from a practitioner’s perspective and is essential reading for those in government, business and academia.

The scholarly debate on deliberative democracy often suggests that participatory processes will contribute to make environmental governance not only more legitimate and effective, but also lead to the empowerment of marginalized social groups. Critical studies, however, analyse how technologies of governance make use of participation to draw boundaries that separate technical knowledge from political concerns, direct the focus towards procedural aspects and contractual obligations, and reinforce hegemonic understandings of development and of local people’s relationships to their environment. This book focuses on the dynamics and use of participatory mechanisms related to the rapid expansion of the extractive industries worldwide and the ways it increasingly affects sensitive natural environments populated by indigenous and other marginalized populations. Nine empirically grounded case studies analyse a range of participatory practices ranging from state-led and corporation-led processes like prior consultation and Free Prior and Informed Consent (FPIC), compensation practices, participatory planning exercises and the participation in environmental impact assessments (EIAs), to community-led consultations, community-based FPIC and EIA processes and struggles for community-based governance of natural resource uses. The book provides new insights through a combination of different theoretical strands, which help to scrutinize the limits to deliberation and empowerment on the one hand, and on the other hand to understand the political resistance potential that alternative uses of participatory mechanisms can generate. The chapters originally published as a special issue of Third World Quarterly.

Oil, natural gas, and mineral deposits (“Extractive Resources”) offer the potential to generate significant financial benefits and help countries fuel their economic growth and development, employment, business opportunities, and incomes, ultimately leading to a better life for the citizens of those countries through sustained poverty reduction and inclusive growth. Leveraging these Extractive Resources to attain such beneficial outcomes requires accountability and transparency in governance. The Extractive Industries Transparency Initiative (EITI) was launched in 2002 in an effort to improve public accountability of governments. It provides a pathway to better managed Extractive Resources that benefit the people of a country. EITI is a global standard designed to improve transparency in the sector by publication of reconciled payments by companies and revenues received by governments from oil, gas, and mining exploration and production operations. It helps to promote and support improved governance, especially in resource-rich countries. This handbook builds upon an earlier publication, “Implementing EITI: Applying Early Lessons from the Field” (Darby 2008), issued by the World Bank Oil, Gas and Mining unit (SEGOM) and the EITI Multi-donor Trust Fund. Using the Extractive Industries Value Chain as an analytical tool, this handbook holistically analyzes the importance of EITI to domestic economies, governance structures, and local populations, and suggests measures to leverage its potential to ensure inclusive growth and sustainable development. The basic purpose of this handbook is to provide: • Guidance to stakeholders (including policymakers, industry, and civil society) in countries currently implementing, or seeking to implement, EITI; • Guidance on the measures required to launch and implement EITI successfully; and • Guidance to EITI implementing countries in “mainstreaming” EITI into the good-governance agenda by recommending global good-fit practices that build on the EITI standards and practices. EITI stakeholders and implementing countries will benefit greatly from this handbook