BALANCING THE SCALES

The report examines the use of community protocols in four countries to address the impacts of extractive industries. It finds that while the processes are time-consuming and context-dependent, they can empower communities through legal training, the formation of advocacy groups, and the creation of frameworks for free, prior and informed consent (FPIC). The report highlights that early engagement is generally more effective, though protocols can still yield results during active mining operations, as seen in Zimbabwe. Key challenges include internal community conflicts, power imbalances with corporations, and the need for strong local partnerships to ensure community ownership.

• Community protocols can help communities prepare for engagement with extractive companies by providing information on projects, understanding rights, and developing negotiation techniques, which helps address "significant imbalances of power".
• In Zimbabwe, the protocol process enabled the Marange community to negotiate with mining companies to designate sacred sites and ancestral graves as "off-limits for mining" and secure compensation for the relocation of other graves.
• The Argentinian process resulted in the public protocol document "Kachi Yupi: Tracks in the Salt", which was recognized by the Argentinian National Ombudsman in May 2016, recommending that authorities "recognise and respect" the FPIC process it defines.
• Protocol processes can lead to the creation of community-based organisations to coordinate advocacy, such as the formation of Save Lamu in Kenya and the Mining Communities Coalition in Zimbabwe.
• Early engagement is typically more effective for influencing project plans, but the Zimbabwe case shows protocols can be productive even after mining has been in progress for several years.
• Legal empowerment training provided during the protocol processes has enabled communities to use domestic laws to demand compensation or access resources, such as Munda community members in India successfully demanding government compensation for elephant-caused damage to farmland.
• The process in India demonstrated that attempting to create a single protocol for different tribal groups (Paudibhuyan and Munda) can fail if dominant social positions prevent equal participation, suggesting that separate processes may be necessary to avoid exacerbating tensions.
• Developing a comprehensive public protocol document is a resource-intensive, multi-year effort; the fastest process in the study (Argentina) took approximately 21 months.

APA

Makagon, J., von Braun, J., Cocchiaro, G., & James, S. (2016). BALANCING THE SCALES. Natural Justice. https://naturaljustice.org/wp-content/uploads/2017/02/Balancing_the_Scales.pdf

Chicago

Makagon, Jael, Johanna von Braun, Gino Cocchiaro, and Stella James. BALANCING THE SCALES. Natural Justice, 2016. https://naturaljustice.org/wp-content/uploads/2017/02/Balancing_the_Scales.pdf.

Wikipedia

{{cite report |last1=Makagon |first1=Jael |last2=von Braun |first2=Johanna |last3=Cocchiaro |first3=Gino |last4=James |first4=Stella |title=BALANCING THE SCALES |publisher=Natural Justice |date=December 2016 |url=https://naturaljustice.org/wp-content/uploads/2017/02/Balancing_the_Scales.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{makagon2016balancing, author = {Makagon, Jael and von Braun, Johanna and Cocchiaro, Gino and James, Stella}, title = {{BALANCING THE SCALES}}, institution = {Natural Justice}, year = {2016}, month = dec, url = {https://naturaljustice.org/wp-content/uploads/2017/02/Balancing_the_Scales.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }