Permanent Sovereignty over Natural Resources in Tanzania and Public Participation in Decision Making: A Case Study in the Extractive Industry.

Rwebangira, Gaspardus (2023) Permanent Sovereignty over Natural Resources in Tanzania and Public Participation in Decision Making: A Case Study in the Extractive Industry. Doctoral thesis, The Open University of Tanzania.

PDF - Submitted Version Available under License Creative Commons Attribution. Download (1MB)

Abstract

The desire for resource rich countries to ensure that resources are exploited and utilized for the benefit of the people and economic growth of those states gave rise to the principle of Permanent Sovereignty over Natural Resources (PSNR) and its underlying right to participate in decision making. The principle is incorporated in various binding international and regional instruments. However, this principle has been contested by capitalist states since its inception. Being a resource rich country, Tanzania adopted the principle of PSNR in her laws in order to ensure public participation in decision making, including access to investment contracts and access to judicial and administrative remedies. Nonetheless, the government has not taken significant steps to implement the requirements of public participation in the decision-making process. There is no scholarly work that has been conducted to determine reasons why provisions of PSNR and Public Participation have not been realized and possible effects of PSNR legislation on foreign investment, a gap that this study sought to fill in. Thus, this study analyzes provisions on PSNR in Tanzania with special focus to non-state actors‟ participation in the decision making. The study has applied people-centred and people-stated based approaches in accomplishment of the study objectives. Data was gathered and presented mainly using doctrinal method, supplemented by empirical and legal comparative methods. This study has established that laws in Tanzania do not adequately guarantee participation of non-state actors in the decision�making process, including non- disclosure of natural resource agreements. Further, it has been found out that laws and institutions on PSNR partly violate investors‟ rights as guaranteed by the international laws and international investment agreements. This study recommends for amendment of existing laws in order to promote participation of both state and non-state actors in the decision-making process. Keywords: Sovereignty, Natural Resources, Public Participation, Decision Makin

Actions (login required)

View Item