ABSTRACT

This volume examines how communities, companies, and governments contest and contribute to the evolution of norms, rules and decision-making procedures that govern stakeholder consultation in the extractive industries. 

In recent years international organisations, governments and companies around the world have dramatically reformed the regime that governs consultations with community stakeholders about proposed extractive projects. However, the characteristics of this consultation regime are often contested, with diverse stakeholders seeking to defend their interests by drawing on different authoritative interpretations of the rules, norms and decision-making procedures that govern stakeholder consultation. Contestation over the meaning, governance and practice of stakeholder consultation is the central thread that ties this book together. Within this overarching concern, the volume takes a global and comparative perspective that examines the complexity of these intersecting and overlapping consultation requirements, with a particular focus on Indigenous Peoples, using cases from the Global North and Global South, including Argentina, Australia, Brazil, Canada, The Central African Republic, The Democratic Republic of Congo, Iceland, Ghana, Greenland, Guyana, Norway, and Peru. The book highlights the tensions associated with the application of this contested regime and identifies possible solutions from best practices around the world. From a theoretical perspective the book unpacks the maze of overlapping consultation requirements and practices that highlights the normative disagreements between key stakeholders and the overlapping rules and procedures that govern the implementation of consultation. A unique contribution of this collection is the commentary from practitioners, who reflect on the same issues addressed by the academic contributors, but based on their own vast practical experience.

This book will be of great interest to students and scholars researching public participation and stakeholder consultation in the extractive industries as well as natural resource governance and sustainable development more broadly.

The Open Access version of this book, available at https://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC BY-NC-ND) 4.0 license.

part I|51 pages

Understanding contestation

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chapter 3|17 pages

Sustainable mining for whom?

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Agential Constructivist perspectives on global mining sector consultation regimes in Africa
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part II|60 pages

The contested meanings of consultation

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chapter 5|11 pages

From consultation to consent

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A potentially complex transition in the Indigenous rights context, and analogous implications for stakeholder consultation
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chapter 8|12 pages

Indigenous governance, gender, and engagement with rights-holders

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Lessons from Canada through environmental human rights
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part III|65 pages

Consult how? Processes for meaningful consultation

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chapter 9|17 pages

Meaningful engagement of affected people and communities

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Exploring tensions between formal requirements and lived experiences of public participation in impact assessments
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chapter 10|15 pages

Public consultation in emergency situations

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Lessons from decommissioning mine tailings dams in Minas Gerais, Brazil
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chapter 11|15 pages

Stakeholder engagement and company-community relations in Ghana

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Consultation practices, legal pluralism, and discontents
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part IV|43 pages

Practitioner insights

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chapter 14|9 pages

An early example of engagement and consultation in the industry

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Setting the stage for improved social performance today
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chapter 15|4 pages

Social performance in rural communities

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chapter 17|7 pages

Challenges to the protection of consultation in Latin America

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The role of the Inter-American Court of Human Rights
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chapter 19|8 pages

Between flaws, setbacks, and timid progress

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Findings after 25 years of mining-related consultations
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part V|18 pages

Conclusion

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