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Contested Consultations in the Extractive Industries: Rights, Processes, and Tensions [Hardback]

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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 organizations, 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.
INTRODUCTION:
1. Contested stakeholder consultations in global
comparative perspective PART 1: UNDERSTANDING CONTESTATION
2. Consultation,
Indigenous peoples and the extractive industries
3. Sustainable mining for
whom? Agential Constructivist perspectives on global mining sector
consultation regimes in Africa
4. Civil society and extractive
company-community relations in Canada and Norway
5. From consultation to
consent: A potentially complex transition in the Indigenous rights context,
and analogous implications for stakeholder consultation
6. Agreements,
consultation, and consent in extractive projects
7. Rights-based approach to
consultation with Indigenous Peoples in natural resource extraction
8.
Indigenous governance, gender, and engagement with rights-holders: Lessons
from Canada through environmental human rights PART 3: CONSULT HOW? PROCESSES
FOR MEANINGFUL CONSULTATION
9. Meaningful engagement of affected people and
communities: Exploring tensions between formal requirements and lived
experiences of public participation in impact assessments
10. Public
consultation in emergency situations: Lessons from decommissioning mine
tailings dams in Minas Gerais, Brazil.
11. Stakeholder engagement and
company-community relations in Ghana: Consultation practices, legal
pluralism, and discontents
12. Impact assessment and responsible business
guidance tools in the extractive sector: implications for engagement in
Canada PART 4: PRACTITIONER INSIGHTS
13. Meaningful stakeholder engagement
and The Canadian Ombudsman for Responsible Enterprise (CORE): Guided by
principles
14. An early example of engagement and consultation in the
industry setting the stage for improved social performance today
15. An early
example of engagement and consultation in the industry setting the stage for
improved social performance today
16. Consultation as an exercise in
democracy that produces a win-win understanding across the territory
17.
Challenges to the protection of consultation in Latin America: The role of
the Inter-American Court of Human Rights
18. Globally recognized
sustainability standard raising the bar for the mining sector worldwide
19.
Between flaws, setbacks, and timid progress: Findings after 25 years of
mining-related consultations CONCLUSION
20. Beyond contested stakeholder
consultation regimes: A regime in flux
Paul A. Haslam is Professor of International Development and Global Studies at the University of Ottawa, Canada.

Nathan Andrews is Associate Professor of Political Science at McMaster University, Canada.

Karin Buhmann is Professor in Business and Human Rights at Copenhagen Business, Denmark.

Ibironke T. Odumosu-Ayanu is Professor at the College of Law at the University of Saskatchewan, Canada.

Mark CJ Stoddart is Professor of Sociology at Memorial University, Canada.