Indigenous Communities’ Rights and Mineral Development

Abstract

The contemporary trend in globalisation dedicated towards an integrated world economy and rapid advances in technology have accelerated the development of natural resources throughout the world. This fast tracking of such development has caused the migration of mining companies into remoter regions, hitherto untouched. In some cases these terrains are inhabited by indigenous peoples who see in such development a threat leading to the infringement of their traditional rights related to the use and management of lands which they perceive are theirs by right of tradition and usage. Consequently, this projected development of traditional lands has precipitated conflicts that can generate stagnation in the economic growth of countries, especially those that rely heavily on the development of their natural resources. If this is not redressed it could be an ongoing obstacle to the development of natural resources. Such conflicts have arisen because of the diverging interests of the principal stakeholders in mineral development, namely states, investors and the indigenous communities. Therefore with the aim of avoiding this type of conflict, it is imperative to find the fairest and most equitable approach, which caters objectively for all the interests involved.