Vulnerability and Resource Management in Africa: A Legal Framework for Inclusive Governance of Extractive Sectors

1 VULNERABILITY AND RESOURCE MANAGEMENT IN AFRICA: A LEGAL FRAMEWORK FOR INCLUSIVE GOVERNANCE OF EXTRACTIVE SECTORS Aderonke E. Adegbite 2 VULNERABILITY AND RESOURCE MANAGEMENT IN AFRICA: A LEGAL FRAMEWORK FOR INCLUSIVE GOVERNANCE OF EXTRACTIVE SECTORS Aderonke E. Adegbite LLB (OAU), BL., LLM (UI), PhD (UI), PGD Social Work (LCU), ACIArb Associate Professor of Law Head of Department of Private and Business Law and Sub Dean Faculty of Law Lead City University, Ibadan, Nigeria 3 VULNERABILITY AND RESOURCE MANAGEMENT IN AFRICA: A LEGAL FRAMEWORK FOR INCLUSIVE GOVERNANCE OF EXTRACTIVE SECTORS Copyright (c) 2025 Aderonke E. Adegbite ISBN: 978-978-694-007-6 All rights reserved. No part of this publication may be reproduced, stored in a database or retrieval system, distributed, or transmitted in any form or by any means, electronic, mechanical, photocopying, scanning, recording, or otherwise without the prior written consent or permission of the author. A catalogue of this book is available in the National Library of Nigeria Published in Nigeria by: OGE Business School Publisher 15, Isheri Road, Avis Bus Stop, Aguda, Ogba, Lagos [email protected]; www.ogeprofessionals.com +234-8033737184, +234-8132445878 Printed in Nigeria by: Taolak Nigeria Enterprise No 17, Ibadan Street Ilupeju, Lagos, Nigeria [email protected]; 07088753375 4 VULNERABILITY AND RESOURCE MANAGEMENT IN AFRICA: A LEGAL FRAMEWORK FOR INCLUSIVE GOVERNANCE OF EXTRACTIVE SECTORS For more information about the book and order, please contact: Aderonke E. Adegbite Tel.: 08034432735 5 ABOUT THE BOOK ulnerability and Resource Management in Africa: A Legal Framework for Inclusive Governance in Extractive Sectors is designed to provide students, lecturers, policymakers, and development practitioners with a clear and comprehensive understanding of resource management and vulnerability in Africa’s extractive industries. The book bridges the gap between law and lived experience by examining how resource management practices, legal frameworks, and social dynamics interact to shape inclusion, equitable resource allocation, and sustainability. Written in accessible and engaging language, the work unpacks complex ideas about Resource Management, Resource Governance, Vulnerability, Environmental Stewardship, and Inclusion among others, making it especially useful for readers seeking to understand how extractive industries impact marginalized populations. Chapters are structured to enhance learning through conceptual explanations, practical suggestions and African case studies drawn from the oil, gas, and mining sectors. The book also addresses contemporary challenges in the African extractive sector, in relation to the inclusion of vulnerable persons and communities. Designed as both a teaching text and a practical policy resource, the book aligns with African legal frameworks, the United Nations Sustainable Development Goals (SDGs), and emerging regional instruments on natural resource governance. By emphasizing inclusive and equitable resource management, it provides guidance for policymakers, scholars, and practitioners committed to transforming extractive industries into engines of shared prosperity, justice, and sustainability. Ultimately, this work serves as an essential companion for anyone seeking to understand the intersection of law, resource management, and vulnerability in Africa’s extractive sectors. V 6 Dr. Aderonke Esther ADEGBITE LLB (OAU), BL., LLM (UI), PhD (UI), PGD Social Work (LCU), ACIArb Dr. Aderonke E. Adegbite is an accomplished legal scholar and academic administrator currently serving as the Head of the Department of Private and Business Law and Sub-Dean, Faculty of Law at Lead City University, Ibadan. She obtained her LL.B (Hons) from the Faculty of Law, Obafemi Awolowo University, Ile-Ife in 2007 and was called to the Nigerian Bar in 2008. Her research interests span Vulnerable Persons, Inclusion, African Customary Law, Community Development, and Employment Law, with a growing focus on Yoruba living philosophies, particularly traditional conceptions of the Supreme Divinity and deities. In 2019, Dr. Adegbite was a Visiting Fellow at the African Studies Centre Leiden, The Netherlands, where she deepened her engagement in African legal and socio-cultural scholarship. She is also a United Nations Online Volunteer, contributing to projects on children’s rights and inclusive development, and a Signatory to the Kigali Declaration on Climate Change (2023). Dr. Adegbite is an active member of numerous professional and academic associations, including the African Network of Constitutional Lawyers, Law and Society Association, African Studies Association Women’s Caucus, Future Earth Community Network, Institute of Chartered Arbitrators (UK), Nigerian Bar Association (NBA), and the Nigerian Association of Law Teachers (NALT). She is also affiliated with the Ibadan School of Government and Public Policy (ISGPP), the Ibadan Bossom Sisters Club (affiliated with the Central Council of Ibadan Indigenes), and the Young Scholars Initiative, Institute for New Economic Thinking (INET), among others. An active mentor and advocate for social inclusion, Dr. Adegbite is the Lead and Coordinator of Finlay House of Inclusion, a platform that provides legal counsel, research, and community outreach focusing on 7 vulnerable persons, inclusion, and fair employment relations. She collaborates with children’s rights NGOs and serves in advisory capacities across private, corporate, and faith-based institutions. As an academic, she teaches Jurisprudence, Labour Law, Family Law, and Commercial Law at both undergraduate and postgraduate levels. Her teaching philosophy integrates critical engagement with indigenous and universal legal systems, emphasizing their shared aspirations for development and human rights. Dr. Adegbite has received several research grants and has presented papers at international, continental, and national conferences. Her scholarly works cover topics such as children’s care, vulnerable persons, indigenous governance, inclusion, employment relations, community development, extraction, and Ifa philosophy. She is currently pursuing post-doctoral research on Indigenous Governance Structures and Inclusive Development in Africa, focusing on how vulnerable groups can be meaningfully integrated into African energy governance systems. Her research continues to be inspired by the intersections and tensions between foreign and indigenous jurisprudence, as she advocates for an inclusive and contextually grounded approach to law and development in Africa. 8 PREFACE "True inclusion is not about taking sides, it's about building systems where no one is left behind, and every voice has value in shaping the wealth beneath their feet." This book, Law, Vulnerability And Resource Management In Africa: A Legal Framework For Inclusive Governance Of Extractive Sectors , is a product of thoughtful reflection, practical research, and a sincere desire to bridge the gap between vulnerability and opportunity. This work provides an overview of legal and institutional frameworks that relate to vulnerable persons across Africa women, children, Indigenous communities, the elderly, persons with disabilities, and others whose voices are often muted in discussions surrounding natural resource governance. It also offers a broader framework for integrating their protection and participation into extractive industry operations, not as an afterthought, but as a strategic imperative. This is not an activist text. It is not written in opposition to industry, government, or any institution. Rather, it is a blueprint for constructive collaboration, one that recognizes the potentials of Africa’s extractive sectors while calling for policies and practices that are inclusive, fair, and forward-thinking. I believe in good business, efficient systems, and regulatory clarity. I also believe that inclusion is good economics, and that sustainable development cannot happen where vulnerability is ignored. The aim of this work is not to assign blame, but to propose pathways. It is for policymakers seeking clarity, for companies building long-term value, for scholars and institutions invested in reform, and for communities whose lived experiences must inform the governance of resources beneath their feet. Africa stands at a crossroads. We can continue business as usual, or we can choose to evolve, toward frameworks that recognize law not only as a tool of control, but as an instrument of equity and innovation. This book is a small but intentional step towards that evolution. Aderonke E. Adegbite 15 CHAPTER THREE: RESOURCE MANAGEMENT AND VULNERABILITY IN AFRICA’S EXTRACTIVE SECTOR 3.1. Understanding Resource Management in Africa’s Extractive Sector (51) 3.2. Defining Vulnerability in the Context of Extraction and Resource Use (56) 3.3. How Poor Resource Management in Extractive Industries Disproportionately Affects Marginalized Populations (61) 3.2.1. Social Vulnerability (62) 3.2.2. Economic Vulnerability (64) 3.2.3. Political Vulnerability (67) 3.2.4. Environmental Vulnerability (68) CHAPTER FOUR: INCLUSIVE GOVERNANCE IN EXTRACTIVE SECTORS 4.1. What Inclusive Governance Means in the Extractive Context (70) 4.2. The Failure of Existing Governance Structures to Address the Needs of Vulnerable Populations (74) PART TWO: FOUNDATIONS OF RESOURCE MANAGEMENT AND GOVERNANCE IN AFRICA CHAPTER FIVE: LEGAL FRAMEWORKS FOR RESOURCE MANAGEMENT AND GOVERNANCE IN AFRICA 5.1. Laws Governing Resource Extraction in Africa (80) 5.1.1. Sustainability, Good Governance and Economic Development as Foundational Concepts for Resource Extraction in Africa (81) 5.1.2. Domestic Legal Framework for Sustainable Resource Extraction in Africa (85) 5.1.3. African Regional Legal Framework. (87) 5.1.4. International Legal and Regulatory Framework (89) 16 5.1.5. Legal Pluralism: Intersection of Customary Law and Statutory Law (93) CHAPTER SIX: ENVIRONMENTAL LAWS AND RESOURCE EXTRACTION 6.1. Principles of Sustainable Resource Extraction and the Intersection of Environmental Law and Human Rights Law (95) 6.2. Environmental Impact Assessments (EIAs) and Community-Based Resource Management Practices (98) PART THREE: VULNERABILITY IN AFRICAN EXTRACTIVE ECONOMIES: LAWS, PERSPECTIVES AND CASE STUDIES CHAPTER SEVEN: INDIGENOUS PEOPLES AND RESOURCE GOVERNANCE IN AFRICA 7.1. Status of Indigenous Peoples in Resource Governance (104) 7.2. Land Rights, Territories, and the Role of Free, Prior, and Informed Consent (FPIC) (105) 7.2.1. Importance of FPIC in Indigenous Rights (108) 7.2.2. Challenges and Implementation of FPIC (109) CHAPTER EIGHT: WOMEN AND GIRLS IN RESOURCE COMMUNITIES 8.1 Gender-based Vulnerability in Resource Extraction Zones (112) 8.2 Theoretical Perspectives on Gender-Based Vulnerability in Resource Extraction Zones (115) 8.3. Gender-Based Vulnerabilities in Resource Extraction Zones: A Multidimensional Impact (118) 8.4. Distinguishing Between Women and Girls: A Legal and Social Perspective (122) 8.4.1. Definitions and Legal Frameworks for Women and Girls (123) 8.4.2. Social and Cultural Differences (124) 8.4.3. Legal Protections for Women and Girls (124) 17 CHAPTER NINE: CHILDREN AND YOUNG PERSONS IN THE EXTRACTIVE INDUSTRY 9.1. Risks and Challenges Faced by Children and Young Persons in Mining Sectors (127) 9.2. Legal Protections for Children in Extraction Industries (130) 9.2.1. Provisions under ILO Convention No. 182 (1999) for Children (131) 9.2.2. ILO Convention No. 138 (1973) and Child Labour in the Extractive Industry (132) 9.2.3. Provisions under the United Nations Convention on the Rights of the Child (1989) (134) 9.2.4. Provisions under the African Charter on the Rights and Welfare of the Child (1990) (135) 9.3. Legal Protection for Young Persons in Extractive Industries (136) 9.3.1. ILO Convention No. 138: Provisions on Young Person (137) 9.3.2. Provisions under ILO Convention No. 182 for Young Persons (142) 9.3.3. Provisions under the United Nations Convention on the Rights of the Child for Young Persons (143) 9.3.4. Provisions under the African Charter on the Rights and Welfare of the Child 1990 for Young Persons(144) 9.3.5. Ideological Differences and Regional Realities (145) 9.3.6. The Role of Governments and Stakeholders in Protecting Children and Young Persons (153) CHAPTER TEN: PERSONS WITH DISABILITIES AND NATURAL RESOURCE EXTRACTION 10.1. Exclusion and Lack of Accommodation for Persons with Disabilities (158) 10.2. Limited Access to Resources, Economic Opportunities, and Marginalization in Governance (159) 10.2.1. Limited Economic Opportunities (161) 10.2.2. Marginalization in Governance and Participation (163) 18 10.2.3. Legal and International Frameworks for Protecting People with Disabilities in the Resource Sector (164) CHAPTER ELEVEN: INTERNALLY DISPLACED PERSONS (IDPs) AND REFUGEES IN RESOURCE EXTRACTION (168) CHAPTER TWELVE: ELDERLY AND VULNERABLE SENIOR CITIZENS 12.1. Loss of Livelihoods, Social Exclusion, and Displacement in Resource-rich Areas (184) 12.2. Policy and Legal Frameworks for Protecting Elderly Citizens in Resource Extraction Zones (188) CHAPTER THIRTEEN: MIGRANT WORKERS IN EXTRACTIVE INDUSTRIES 13.1. Exploitation, Lack of Legal Protections, and Harsh Working Conditions of Migrant Workers (194) 13.1.1. Exploitation of Migrant Workers (195) 13.1.2. Lack of Legal Protection for Migrant Workers in the Extractive Industry (196) 13.1.3 Harsh Working Conditions in Extractive Indutries (197) 13.2. Labor Trafficking and Vulnerability to Economic Hardship (198) 13.3. National and International Responses (200) CHAPTER FOURTEEN: ETHNIC MINORITIES IN RESOURCERICH REGIONS: MARGINALIZATION AND EXCLUSION 14.1. Marginalization, Land Rights Issues, and Exclusion from the Benefits of Extraction (209) 14.2. Disproportionate Health Impacts, Displacement, and Environmental Damage (211) 14.3. Legal Protections and International Frameworks (213) CHAPTER FIFTEEN: RURAL AND AGRICULTURAL COMMUNITIES (220) 19 CHAPTER SIXTEEN: LGBTQIA+: DISCRIMINATION, SOCIAL EXCLUSION, AND TARGETED VIOLENCE 16.1. Discrimination and Social Exclusion (231) 16.2. Targeted Violence Against LGBTQIA+ Persons (231) 16.3. Economic Vulnerabilities and Lack of Legal Protections (234) 16.4. Legal Frameworks and Advocacy for LGBTQIA+ Rights (235) CHAPTER SEVENTEEN: UNEMPLOYED AND UNDEREMPLOYED POPULATIONS AND EXTRACTION (237) CHAPTER EIGHTEEN: PERSONS AFFECTED BY HEALTH CRISES (241) CHAPTER NINETEEN: COMMUNITIES IN CONFLICT ZONES 19.1. Resource-Driven Conflicts and Armed Violence (246) 19.2. Displacement, Fragmentation, and Loss of Livelihood (247) 19.3. The Political Economy of Conflict (248) CHAPTER TWENTY: SMALLHOLDER FARMERS AND FISHERFOLK 20.1. Environmental Damage and its Effects (251) 20.2. Land Grabbing and Displacement (252) 20.3. Erosion of Traditional Knowledge and Livelihoods (253) 20.4. Policy Failures and Gaps (254) 20.5. Pathways for Protection and Empowerment (254) CHAPTER TWENTY-ONE: LOCAL ACTIVISTS AND HUMAN RIGHTS DEFENDERS 21.1. The Role of Local Activists and HRDs in Extractive Contexts (256) 21.2. Legal Frameworks and Gaps in Protection (258) 21.3. Protection Mechanisms and Advocacy (259) 20 PART FOUR: LEGAL TOOLS, INNOVATIONS, AND PATHWAYS TO INCLUSIVE GOVERNANCE CHAPTER TWENTY-TWO: BENEFIT SHARING AND COMMUNITY DEVELOPMENT AGREEMENTS (CDAS) (263) CHAPTER TWENTY-THREE: LOCAL CONTENT POLICIES FOR EMPOWERING VULNERABLE POPULATIONS 23.1. The Case for Local Content (272) 23.2. Legal Mechanisms for Economic Inclusion (274) 23.2.1. Employment Quotas and Training Mandates (275) 23.2.2. Preferential Procurement Policies (275) 23.2.3. Equity Participation and Community Shares (276) 23.2.4. Local Content Development Funds (276) 23.3. Local Content Policies and Vulnerable Persons: Challenges and Gaps (277) CHAPTER TWENTY FOUR: ENVIRONMENTAL JUSTICE AND HUMAN RIGHTS IN RESOURCE EXTRACTION 24.1. Environmental Justice for Vulnerable Persons: A Rights-Based Approach (281) 24.1.1. No group of people should bear a disproportionate share of negative environmental consequences (282) 24.1.2. Communities have the right to participate in decisions affecting their environment and health (282) 24.1.3. Remedies are provided when environmental harm occurs (283) 24.2. Key Legal Frameworks: African Instruments Advancing Environmental Rights (284) 24.3. Case Studies of Successful Litigation (285) 24.3.1. Gbemre v. Shell (Nigeria) (285) 24.3.2. SERAC v. Nigeria (African Commission on Human and Peoples’ Rights) (287) 21 24.3.3. Constitutional Court of Colombia on the Atrato River (2016).Case T-622 of 2016 (288) 24.3.4. Phyllis Omido and Residents of Owino Uhuru v. Metal Refinery EPZ Ltd & Others (290) 24.4. Trends in Litigation and Policy Integration (291) 24.5. Extent Of Protection Of Vulnerable Persons By Laws (293) CHAPTER TWENTY FIVE: COMPARATIVE LEGAL LEARNINGS: AFRICA VS. LATIN AMERICA AND ASIA (296) 25.1. Legal and Policy Frameworks (300) 25.2. Indigenous and Community Rights (303) 25.3. Environmental Regulation and Enforcement (306) 25.4. Revenue Management and Benefit Sharing (309) 25.5. Role of Civil Society and Legal Mobilization (311) 25.6. Lessons for Africa: Towards Inclusive and Just Resource Governance (314) CHAPTER TWENTY SIX: GLOBAL LEGAL TRENDS AND THE FUTURE OF EXTRACTIVE GOVERNANCE (318) 26.1. The Shift Towards Sustainable Development Goals (SDGs) (318) 26.2. Green Mining: A New Paradigm for Protecting Vulnerable Communities (320) 26.3. Corporate Accountability in Extractive Industries (322) 26.4. Digital Governance in the Extractive Sector (324) 26.5. The Circular Economy and Resource Extraction (327) 26.6. Implications of Trends for the Future of Extractive Governance (328) CHAPTER TWENTY SEVEN: BUILDING INCLUSIVE INSTITUTIONS FOR RESOURCE MANAGEMENT (330) 27.1. The Need for Inclusive Resource Governance (330) 27.2. Proposals for Inclusive Institutions (331) 27.3. Enhancing Participation and Accountability (334) 27.4. Strengthening Legal Frameworks for Social Justice and Accountability (336) 22 27.5 Digitalized Energy Governance and Vulnerable Persons in Africa (337) CHAPTER TWENTY EIGHT: POLICY RECOMMENDATIONS AND CONCLUSION (341) 28.1 For Governments (341) 28.2 For Corporations (342) 28.3 For Civil Societies (343) 28.4 For International Organizations (343)