BUILDING CONSENSUS ON COMMUNITY ENGAGEMENT WITHIN LAND REFORMS AND THE

EXTRACTIVE SECTOR IN KENYA CONFERENCESAROVA PANAFRIC HOTEL, MARCH 12-13TH 2015

Mobilizing Communities to Engage in Natural Resource Reforms:

Strategies and Innovative ApproachesFelesia Muyia-Odada, Act Change Transform

www.act.or.ke

Outline1. Introduction2. Why public participation in the natural resource

reforms?3. Current state of public participation in Kenya4. Approaches and strategies for public

participation5. Roles for different actors

Introduction: What is public participation? Who participates? What are the principles?

It is a process through which interest groups, individuals or organizations are involved in decision making processes on issues that affect them.

What are the principles of participation?Inclusive

Educative Open and transparent Context oriented Informative and proactive Credible and rigorous Tiered and optimized

Why public participation in natural resource reforms

Includes needs and interests of all stakeholders Promotes involvement of those potentially affected by or

interested in a decision Ensures the public is informed and appreciates what the duty

bearers are doing Promotes public support/acceptance on government projects Ensures accountability and commitment by duty bearers Mitigates against violent conflicts Reduces over-exploitation and degradation of resources Bridges the gap between stakeholders- civil society, public,

government, private sector

Current state of public participation in Kenya- Legal frameworks

Article 1- all sovereign power belongs to the people Article 10- sets out democracy and participation of the people and

inclusiveness as principles of governance in Kenya Articles 54, 55, 56 and 57 provide for participation of PWDs,

minorities, marginalized groups, youth and older members of society

Article 69 sets out obligations of the state in respect to the environment including public participation in the management, protection and conservation of the environment

Article 174c- provides for participation of people in the exercise of the powers of the state in making decisions affecting them

Current state of public participation in Kenya- Legal frameworks

1.EMCA- Amended EMCA 1999 to include principles of voluntary environmental management, rule of law, social justice, public participation, non-discrimination, devolution 2.Forest Act 2005-45 (1)- A member of a forest community may, together with other members or persons resident in the same area, register a community forest association under the Societies Act.

Current state of public participation in Kenya- Gaps and challenges

Lack of a national legal framework Lack of political goodwill to ensure participation Inadequate resources and poor planning (expensive and

time consuming) Contextual issues Lack of feedback mechanisms- need for appreciation of

decisions made and the implications

Approaches and strategies Citizens participation ladder: Arnstein (1969, Journal of the American Planning Association, 35: 216-224)

Manipulation

Information

Consultation

Participation

Delegation of Power

Citizens control

Approaches and strategies: Cont Consultation- shift from giving information to

asking for views Form and strengthen ‘Communities of Interest’ Collaboration- need for the public, CSOs and

government to work together Empowerment Use of ICT Contextualize public participation approaches

Roles for different stakeholders- Public Public:1. Know your rights!! –eg right to information (Free,

Prior and Informed Consent), participation, natural resource benefits, right to petition

2. Participate and take advantage of available opportunities eg EIAs

Roles for different stakeholders- Civil Society Civil society1. Strategic advocacy programming- Advocacy,

FOR, WITH, BY2. Multipronged programming approaches to keep

the public engaged- eg advocacy, livehoods

Roles for different stakeholders- Government

President Reagan- “Nine Most Terrifying Words in English”“I'm from the government and I'm here to help” are the "nine most terrifying words in the English language," according to President Reagan.

1.Involve other stakeholders2.Adhere to legislative provisions on public participation3.Formal and informal programmes on civic education

Thank you