Kaidonis, Mary A.; Stoianoff, Natalie P. --- "The Role of Local Communities in Environmental and Natural Resources Management: The Case of Kenya" [2011] ELECD 328; in Paddock, Lee; Qun, Du; Kotzé, J. Louis; Markell, L. David; Markowitz, J. Kenneth; Zaelke, Durwood (eds), "Compliance and Enforcement in Environmental Law" (Edward Elgar Publishing, 2011)

Book Title: Compliance and Enforcement in Environmental Law

Editor(s): Paddock, Lee; Qun, Du; Kotzé, J. Louis; Markell, L. David; Markowitz, J. Kenneth; Zaelke, Durwood

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848448315

Section: Chapter 24

Section Title: The Role of Local Communities in Environmental and Natural Resources Management: The Case of Kenya

Author(s): Kaidonis, Mary A.; Stoianoff, Natalie P.

Number of pages: 16

Extract:

24. Legislation, Citizens' Rights, and the
Self-Determination of a Developing
Country: A Papua New Guinean Case
Studyt
Mary A. Kaidonis* and Natalie P. Stoianoff**

1. INTRODUCTION

In one international forum, the Conflicts over Natural Resources Solidarity
Network, it was noted that the oil, mining and gas sectors offer short-term
economic benefits to both the companies and the developing countries in which
they operate. l It has, however, been suggested that "in the long term the
environmental and social costs born by local communities and indigenous
peoples outweigh the benefits accrued". 2
In this chapter the example of Papua New Guinea (PNG) is used to argue that
a developing country's economic development is often given precedence over its
environmental responsibility, consequently leaving its citizens with few
environmental and other rights or entitlements. Further, the enactment of
legislative instruments alone does not necessarily facilitate environmental
enforcement. In this case, the PNG government had adopted environmental
policies as part of its Constitution after it became independent in 1975. One might
reasonably argue that if this legislation was enforced and complied with, then
environmental damage might have been avoided, and may still be avoided, or at
least minimised. However, the Ok Tedi Gold and Copper Mine (the focus of this
chapter) was established and developed with devastating environmental
consequences. Evidence suggests that the PNG Government introduced
legislative instruments which exempted the Ok Tedi Mine from environmental
legislation and which enabled the mine tailings to be dumped into the river
system. In ...