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Addressing Gaps in Community Development Agreements in Nigeria's Mining Law: An Intersectional Perspective by Vincent Dania

The community development agreement (CDA) provision in Nigeria's mining law is intended to provide a framework for negotiating the terms and conditions of resource extraction and development projects with mining host communities, and to ensure that these projects are beneficial and sustainable for all stakeholders. However, there are significant gaps in the CDA provision that can undermine the effectiveness and fairness of these agreements.

One key gap is a lack of clarity around the rights and responsibilities of different actors. For example, it is often unclear who is responsible for negotiating and implementing CDAs, and what processes are in place to ensure that these agreements are transparent and accountable. This can create confusion and uncertainty and can make it difficult for local communities to fully understand and participate in the CDA negotiation process. Additionally, there is often a lack of information available to local communities about the terms and conditions of CDAs and the potential impacts of resource extraction and development projects on their communities. This can lead to misunderstandings and conflicts and can make it difficult for communities to advocate for their interests and rights.

Another gap in the CDA provision is the lack of adequate mechanisms for addressing conflicts and grievances. When conflicts or disputes arise, it is important to have robust and fair processes in place to resolve these issues in a timely and effective manner. However, in many cases, there are insufficient mechanisms in place to address conflicts and grievances, which leads to ongoing tensions and negative impacts on local communities. This can be particularly problematic in cases where resource extraction and development projects disproportionately impact marginalized communities, such as indigenous and rural communities, without adequately addressing their needs and rights.

To address these gaps and build more inclusive, equitable, and sustainable natural resource governance in Nigeria, it is essential to adopt an intersectional approach that recognizes and addresses the intersecting identities and systems of oppression that shape the experiences and opportunities of different groups. This could involve providing more opportunities for marginalized communities to have a meaningful say in the negotiation and implementation of CDAs, and ensuring that these agreements are transparent, accountable, and responsive to the needs and rights of all stakeholders. It is also essential to address the root causes of systemic inequalities, such as discriminatory laws, policies, and social norms, and to engage in ongoing efforts to dismantle systems of oppression.

The community development agreement (CDA) provision in Nigeria's mining law represents an important opportunity to build more inclusive, equitable, and sustainable natural resource governance in the country. However, there are significant gaps in the CDA provision that can undermine the effectiveness and fairness of these agreements. By addressing these gaps and adopting an intersectional approach that recognizes and addresses the intersecting identities and systems of oppression that shape the experiences and opportunities of different groups, it is possible to build a more inclusive, equitable, and sustainable natural resource governance in Nigeria.

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