Providing legal and Institutional support

South African Resource Watch

African countries often struggle to put in place consistent, predictable and effective policy, legal and institutional frameworks to negotiate and regulate the allocation of mining rights (although this varies from country to country). A critical capacity constraint in relation to contracts and mineral rights is the limited human and institutional capacity of African states to effectively negotiate contracts with investors. Another key challenge to the effective governance of mineral resources in Africa is limited or non-public disclosure of mining contracts. It is therefore, vital for African states to develop legal and institutional frameworks that provide scope for effective negotiation, contract review, public disclosure of contracts and licenses, and curbing of discretionary powers.