Purko Development Trust Communal Land: What is Consultation? Is consultation, making a call, taking a cup of tea at a hotel, is it making a phone call, is it writing a letter, is is mere information passed, must it lead to a logical conclusion or an agreement or a sharing of opinions? The mischief that should guide the interpretation and implementation of Community Land Bill, 2013 is that consultation should be lengthy, taking into account all opinions, national values and principles of governance as provided for under Article 10 of the Constitution such as public participation and consultations must all lead to a logical conclusion; best scenario- a win-win situation. An agreement relating to investment in community land including Purko Morijo Holding Ground and or any other shall in light of Section 54 of CLB, 2013 and as read with the provisions of Article 40 and 63 of the Constitution take into account the following aspect 1. Requirement for an environmental, social, cultural and economic impact assessment and measures to mitigate any negative effects; 2. requirement to consult and involve the community; 3. continuous monitoring and evaluation of the impact of the investment to the community; 4. payment of compensation and royalties to the community based on the income generated from the investment; 5. requirement to re-habilitate the land upon completion or abandonment of the project; 6. requirement to put in place measures to mitigate any negative effects of the investment; 7. requirement for the investor to built capacity and transfer technology to the community; and 8. any other particulars necessary for purposes of determining how local communities benefit from investments in their land. And any other aspect deemed otherwise relevant. Pursuant to Article 66 of the Constitution, the State shall have the power to regulate the use of any land, or interest in or right over land, in the interest of defence, public safety, public order, public morality, public health or land use planning. This is a read with Section 56 of the Community Land Bill. However and in spite of the the operational of Sec 56 0f the Bill, provisions and pursuant to section 22 of the Fourth Schedule to the Constitution, the management of community land shall be subject to national government laws and policies relating to; fishing, hunting and gathering;protection of animals and wildlife; water protection, securing sufficient residual water, hydraulic engineering and safety of dams; forestry;environmental laws; and energy policy. The hereabove disquisition referred, any dealing, done on communal land or interest thereon without the provisions of the laws herein cited stands fraudulent, null and void ab initio and and authority, person or group that dispose of such land breaches not only the mandates of the statutory bill which the National Assembly is suppose to see it through but also breach Chapter Six of the Constitution on leadership and integrity.
Posted on: Wed, 29 Jan 2014 09:38:13 +0000
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