Natural Resource conflict Management andResolution

Abstract

Natural resources, including oil, gas, diamonds, gold andprecious metals, play a key role in financing some of today’smost violent armed conflicts, including those that are currentlyfought in the DR Congo, middle east and the Central AfricanRepublic. In the DR Congo, armed groups have taken over controlover important mining sites in the east of the country,permitting them to obtain a source of conflict funding from theexploitation of gold and precious metals. In the Central AfricanRepublic, armed groups have gained full control over the diamondproduction of the country after launching a successful coupd’état in May 2013. In middle east, interested countries andterrorist organizations are trying to take over control…..Theseare just a few of the most recent examples of natural resourcesfinancing armed conflicts. Although not a new phenomenon, recentdecades show an increase in this type of conflict financing. ByThis paper, I want to discuss the principles of natural resourceconflict management and approaches of Resolution.

Introduction:

Natural resource management is in many ways a form of conflictmanagement. Traditions, customs, rules, laws and policies dealingwith issues of access to, and use and management of, naturalresources all aim to bring order and predictability to situationswhere competition and conflicting interests even in the smallestcommunities are present. Such institutions and practices can betermed “proactive” responses seeking to manage the potential fortension and conflict. Although resource management and conflictmanagement are closely linked, only recently have policy-makers,State resource managers, practitioners, academics and othersattempted to address the connection.

What are natural resource conflicts and their consequences?

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Natural Resource Conflicts are disagreements and disputes overaccess to, and control and use of, natural resources. Theseconflicts often emerge because people have different uses forresources such as forests, water, pastures and land, or want tomanage them in different ways.

Disagreements also arise when these interests and needs areincompatible, or when the priorities of some user groups are notconsidered in policies, programmes and projects. Such conflictsof interest are an inevitable feature of all societies.

In recent years, the scope and magnitude of natural resourceconflicts have increased and intensified. These conflicts, if notaddressed, can escalate into violence, cause environmentaldegradation, disrupt projects and undermine livelihoods.Acknowledging that conflict is a common feature of any resourceuse system is a prerequisite for sustainable management that isparticipatory and equitable.

Why do conflicts arise?Natural Resource Conflicts have always been with us, due in partto the multiple and competing demands on resources. Conflicts canarise if user groups are excluded from participating in naturalresource management. They also occur if there are contradictionsbetween local and introduced management systems,misunderstandings and lack of information about policy andprogramme objectives, contradictions or lack of clarity in lawsand policies, inequity in resource distribution or poor policyand programme implementation. Conflict will always exist to some

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degree in every community, but it can often be managed andresolved.

How do conflicts manifest themselves?The form and intensity of conflicts vary widely by place, andover time within any community. Conflicts manifest themselves inmany ways, ranging from breaking rules to acts of sabotage andviolence. Sometimes conflicts remain hidden or latent. People mayallow grievances to smoulder because of fear, distrust, peerpressure, financial constraints, exclusion from certain conflictresolution procedures, or for strategic reasons. Because somesocieties encourage their members to avoid public confrontations,a lack of public disputes does not mean there is no conflict.

Who are the different actors? Natural Resource Conflicts occur at various levels and involve avariety of actors. They range from conflicts among local men andwomen over the use of trees, to conflicts among neighbouringcommunities disputing control over woodland, to villages,community-based organizations, domestic and multinationalbusinesses, governments, international development agencies andNGOs in conflict over the use and management of large foresttracts. Most conflicts are characterized by the presence ofmultiple stakeholders who themselves may have subgroups withvarying interests.

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Key actors A number of stakeholders must be involved in natural resourceconflict management and resolution activities. The following listof key categories of stakeholders is taken from the Region ActionPlans:

1. Catalytic organizations (often NGOs) Advocate, facilitate, and (often) initiate and pilot

change; Help mobilize people and build capacity at the local level; Provide political cover for politicians;

2. Community leaders Representative and active participants in the reform

process; Beyond consultation to collaboration and empowerment;

3. Reform managers At both the central and local levels; Help mainstream successful pilots;

4. Politicians and senior policy-makers Provide political commitment; and Validate consensus and confirm strategic direction.

How do different groups deal with natural resource conflicts?

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The way in which people (even those from the same community)respond to natural resource conflicts vary considerably. Allcommunities have their own ways of handling conflicts. Thesemechanisms may be formal or informal, violent or peaceful,equitable or not. Although the specific strategies may vary,people generally rely on the same basic procedural modes tohandle conflicts: avoidance, coercion, negotiation, mediation,arbitration and adjudication. People involved in natural resourceconflicts take courses of action based on their preferences,their understanding of their options, their perceived likelihoodfor success and their relationship with an opponent. Not allpeople have equal access to all options – gender, class, age andother factors may restrict the options of certain groups andindividuals. Seasonality, through its influence on labourpatterns and income flow, can affect the ability of people toact. Finally, the nature of the conflict itself may prescribe theuse of certain legal procedures.

The Case Studies address a number of important natural resourcesand issues, focused around the particular Theme to which eachCase Study was assigned, including:

Biodiversity conservation: Jordan, Pakistan; Fisheries: Barbados, Ecuador, Philippines; Forestry: Brazil, The Gambia, India, Indonesia, Nepal,

Thailand; Irrigation: India; Pastoralism: Burkina Faso, Sudan;

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Watershed management: Honduras, Laos, Tajikistan; and Wildlife: Russia, Tanzania and Zimbabwe.

A Natural Resource Policies, programmes and projects offersignificant means of addressing many of the needs and concernsthat propel resource-related conflicts. Ironically, policies,programmes and projects themselves can serve as sources or arenasof conflict, even though their intention is to ameliorate suchconflicts. This situation generally arises when there isinadequate local participation in all phases of interventions,and when insufficient consideration is given to anticipatingconflicts that might emerge.

Some reasons why conflicts may arise during policy, programme andproject implementation:

Policies imposed without local participation Lack of harmony and coordination between bodies of law and

legal procedures Poor identification of and inadequate consultation with

stakeholders Uncoordinated planning Inadequate or poor information sharing Limited institutional capacity Inadequate monitoring and evaluation of programmes Lack of effective mechanisms for conflict management

Policies imposed without local participationNatural Resource Policies and interventions are often formulatedwithout the active and sustained participation of communities andlocal resource users. For example, some governments have longrelied on centralized management strategies based on centralizedcontrol by administrative units and technical experts. Thesepolicies and practices frequently fail to take into account localrights to, and practices regarding, natural resources. Forexample, the introduction of new policies and interventionswithout local input may end up supplanting, undermining oreroding community institutions governing resource use.

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Lack of harmony and coordination between bodies of law and legalprocedures Most countries characterized by legal pluralism – the operationof different bodies of formal and informal laws and legalprocedures within the same socio-political space. These legalorders may be rooted in the nation-state, religion, ethnic group,local custom, international agreements or other entities. Theyoften overlap resulting in different legal bodies that can becomplementary, competitive or contradictory. Resource conflictssometimes emerge because there is a lack of harmony andcoordination among these different legal orders, particularlywhen policies, programmes and projects fail to consider localsituations.

Poor identification of and inadequate consultation withstakeholdersStakeholders and people who possess an economic,cultural orpolitical interest in, or influence over, a resource. Thestakeholders may need the resource for subsistence, large andsmall commercial activities, conservation, tourism or forcultural reasons such as use of sacred sites. The concept iscomplex and dynamic because stakeholders are not generallyhomogeneous but can be further divided into subgroups accordingto their specific interests. Conflicts can occur because plannersand managers identify stakeholders inadequately, or they refuseto acknowledge a group’s interest in a resource.

Many policies and interventions face challenges in definingexactly what constitutes a community because of the limitedability of planners to identify the range of interests within it.When planners and managers fail to identify and consult with thefull spectrum of stakeholders, they limit their understanding ofthese groups’ diverse needs and priorities and their indigenousknowledge of the situation. This increases the likelihood ofconflicts emerging.

Uncoordinated PlanningDespite growing recognition of the need for integrated approachesto natural resource management, many governmental and other

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agencies still rely on sectoral approaches with limited cross-sectoral planning and coordination. For example, the agriculturalservice may promote cash crop expansion in forests to raiseincomes without recognizing its adverse effects on other resourceusers. Overlapping and competing jurisdictions and activitiesamong agencies may result in their inability to reconcile theneeds and priorities of various stakeholders.

Inadequate or poor information sharingEffecting sharing of information on policies, laws, proceduresand objectives can enhance the success of programmes and reduceconflicts. In contrast, lack of information on the intention ofthe planning agencies may lead to suspicion and mistrust.

Limited institutional capacityConflict when arise governmental and other organizations lack thecapacity to engage in sustainable natural resource management.Organizations not only face financial constraints for staff andequipment, they also often lack the expertise to anticipateconflicts, or to handle conflicts that arise in the course oftheir activities.

Inadequate monitoring and evaluation of programmesPrograms and projects are often designed without clearly definedmonitoring and evaluation components, especially regardingnatural resource conflicts. Without systematic monitoring andevaluation of natural resource management activities, it is moredifficult to identify, pre-empt or address conflicts

Lack of effective mechanisms for conflict managementFor natural resource management programmes to be effective,mechanisms for participatory conflict management and resolutionneed to be incorporatedfrom the outset into their design and implementation. Thesemechanisms should ensure that open or smouldering conflicts areconstructively dealt with to reduce the chances of theirescalation. In some organizations, such mechanisms cannot beeasily installed because existing legislation or policy does notpermit it.

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Approaches to Natural Resource conflict Management andresolution:There are some approaches to natural resource conflict managementand resolution but those are not appropriate to solve hisproblem. Those way also problematic and have limitation.

Customary systems for managing conflictThere are several strategies that local communities, resourceusers, project managers and public officials can use to manageand to resolve conflicts.

A vast repertoire of local-level strategies and techniques formanaging and resolving conflicts regarding natural resources hasevolved within communities. There are many cross-culturalsimilarities – negotiation, mediation and arbitration are commonpractices, as are more coercive measures such as peer pressure,gossip, ostracism, supernatural sanctions and violence. Customarynatural resource conflict management strategies have bothstrengths and limitations.

Customary Systems for Managing Natural Resource Conflicts

Strengths Encourage participation by community members and respect

local values and customs. Are more accessible because of their low cost, their

flexibility in scheduling and procedures, and their use ofthe local language.

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Encourage decision-making based on collaboration, withconsensus emerging from wide-ranging discussions, oftenfostering local reconciliation.

Contribute to processes of community empowerment.

Limitations: Have been supplanted by courts and administrative laws Are often inaccessible to people on the basis of gender,

class, caste and other factors. Are challenged by the increasing heterogeneity of

communities due to cultural change, population movements andother factors that have eroded the social relationships thatsupported customary

Often cannot accommodate conflicts between communities orbetween a community and conflict management.

National legal SystemsNational legal systems governing natural resource management arebased on legislation and policy statements, including regulatoryand judicial administrations. Adjudication and arbitration arethe main strategies for addressing conflicts. However, somenational systems take into account legal systems based on localcustom, religion, ethnic group or other entities.

National Legal Systems for Managing Natural Resource Conflicts

Strengths

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Are officially established with supposedly well-definedprocedures.

Take national and international concerns and issues intoconsideration.

Involve judicial and technical specialists in decision-making.

Result in decisions that are legally binding.

Limitations Are often inaccessible to the poor, women, marginalized

groups and to remote communities because of cost, distance,language barriers, political obstacles, illiteracy anddiscrimination.

May not consider indigenous knowledge, local institutionsand long-term community needs in decision-making.

May involve judicial and technical specialists who lack theexpertise, skills and orientation required for participatorynatural resource management.

Use procedures that are generally adversarial and promote awinner-loser situation.

Alternative conflict managementThe Multidisciplinary Field of alternative conflict managementaddresses natural resource conflicts through promotion of jointdecision- making. It arose in part as a response to theadversarial style of managing conflicts used by legal systems.The field also draws upon conflict management strategies longrelied upon by communities in settling their disputes.Practitioners use methods such as negotiation and mediation tohelp parties reach a consensus. The goal is to seek long-termmutual gain for all stakeholders.

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Specifically, alternative conflict management interventions aimto:• improve communication and information sharing among interestgroups;• address the causes of conflicts in a collaborative manner;• transform the conflict management process into a forcepromoting positive social change;• build the capacity of communities to manage their conflicts;and• limit the occurrence and intensity of future conflictsAlternative Conflict Management Approaches for Addressing NaturalResource Conflicts

Strengths Promote conflict management and resolution by building upon

shared interests and finding points of agreement. Involve processes which resemble those already existing in

most local conflict management systems, including flexibleand low cost access.

Foster a sense of ownership in the solution process ofimplementation.

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Emphasize building capacity within communities so localpeople become more effective facilitators, communicators,planners and handlers of conflicts.

Limitations: May encounter difficulties in getting all stakeholders to

the bargaining table.

May not be able to overcome power differentials amongstakeholders, so that vulnerable groups such as the poor,women and indigenous people remain marginalized.

May result in decisions that are not legally binding. May lead some practitioners to use methods developed in

other countries and settings without adapting them to localcontexts.

While alternative conflict management usually addresses specificlatent and manifest conflicts, it supports broader changes insociety to address the root causes of conflict. The above tablesummarizes its strengths and limitations regarding naturalresource conflicts. Alternative conflict management is gainingpopularity, due in part to its capacity for addressing in aparticipatory and consensus-building manner complex situationswith many stakeholders. For such an approach to work effectively,conflict management procedures need to be considered from theearliest stage, and stakeholder consultations need to bethorough.

Renewable resources The point of departure is renewable natural resources.

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A list of general categories of natural resources would include: Aquatic resources (freshwater and marine), including fish; Domesticated animals; Forests; Land and soils, including arable land and rangeland; Water, including surface water and groundwater; Watersheds, wetlands and coastal areas; and Wildlife.

People have utilized these resources since time immemorial. Inthe process many cultures have developed unique, structured andbalanced ways of utilizing them, in which out-take of resourcesbalances the ability of the environment to renew them, what wetoday refer to as sustainable management.

The way in which we humans are managing renewable naturalresources, on an aggregate and global level, are increasinglyunsustainable. Our out-take of resources is increasingdramatically beyond their natural rate of regeneration. There area number of reasons for this, among others the increasing humanpopulation as a prime driving force. Likewise, unsustainable NRMpractices have obvious implications, already evident many places,including:

Deforestation; Habitat destruction; Overfishing; Overhunting, including poaching;

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Soil erosion, including degradation and desertification; Species extinction; and Surface water and groundwater depletion.

Management alternatives of renewable resource There are several generic management alternatives or approachesof renewable natural resources available. The approaches are:

Public sector management. State institutions, includingministries, departments or agencies of the bureaucracy, makeand enforce decisions about resource use (sometimes referredto as ‘command and control’);

Private sector management. Private individuals or companieswith ownership rights make decisions about resource usewithin limits set by (state) law (sometimes referred to as‘market-based’);

Local community-based management. Community institutionswith de jure or de facto ownership or use rights determineand administer access and use; and

Open access. No one has de facto ownership of the resourcein question. A resource under open access belongs towhomever is the first to exercise control over it.

From above discussion we can say that Appropriate conflictmanagement and resolution strategies need to be incorporated intonatural resource management policies, programmes and projects.

ConclusionAt the end it’s clear that Addressing Conflicts Is A Prerequisitefor sustainable natural resource management. Conflicts overnatural resources are growing in scope, magnitude and intensity.If not addressed in an effective and timely manner, naturalresource conflicts can adversely affect community livelihoods andresult in resource degradation. Alternative conflict managementoffers an innovative, multidisciplinary approach tounderstanding, analysing and managing conflicts both before andafter they occur. It seeks the development of participatory andconsensus- building strategies, and it builds upon existingformal and informal conflict management mechanisms within local

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communities. Alternative conflict management also seeks tostrengthen the capacity of local institutions and communities tomanage conflict and promote sustainable resource management.REFERENCES

Report from the International CBNRM Workshop, Washington D.C., May 1998

Arnstein, S., (1969). A ladder of citizen participation. Journal of the American Institute of Planners 35 216-224.

Gasper, D., (1993). Entitlements analysis: relating conceptsand contexts. Development and Change 24, 679-718.

Handling Conflict and Reaching Agreements. San Francisco, Jossey-Bass. Committees, University of Guelph, Canada.

Adger, W. N. and N. Brooks (2003): “Does global environmental change cause vulnerability to disaster?” In M.Pelling (ed.), Natural Disasters and Development in a Globalized World, pp 19-42.Routledge, London.

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