Access to information and rights of third parties to contracts in the Kenyan extractives-mining industry
Date
2017
Authors
Wangui, Lucia Tatenda
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
The resource curse paradox is quite queer indeed however it can be explained simply. On one hand, there needs to be significant foreign investment and technology to exploit natural resources. On the other, state revenues from the sale of these resources on international markets are substantively less as compared to revenues from other productive activities. Both these circumstances, combined with little public monitoring, mean that multinational corporations, producing country governments, and specific interest groups use these contracts for their sole benefit to the detriment of the majority.To counter that, transparency initiatives in the extractive industry have become a norm rather than the exception to the norm. Various processes have been established internationally to monitor the disclosure of these contracts. These establishments have also been used to identify how the revenue from the extractive industry is being utilised. This study sought to investigate methods which can be used in the endeavour for more disclosure on contracts.It sought to determine who the beneficiaries of such projects are and what contractual measures can be taken to identify and protect these third-party beneficiaries. It seeks to find out the safeguards to the environment and human health thus showing the necessity for companies to disclose their environmental costs and plans. To ensure accountability, this paper proposes certain checks and balances that should be implemented by governments throughout different stages in the mining projects thus maximising on the potential revenues from the project
Description
Submitted in partial fulfillment of the requirements of the Bachelor of Laws Degree at Strathmore University Law School
Keywords
Environmental costs, Bilateral and multilateral donors