Rights-based claims in the extractive sector

The document identifies three typologies of rights-based claims in the extractive sector of South and Southeast Asia: environmental justice, Indigenous rights and land claims, and the right to conduct artisanal and small-scale mining. It highlights that while international law provides a framework for these rights, local actors face significant institutional, financial, and informational barriers. The brief recommends strengthening the rule of law, formalizing artisanal mining, and incorporating free, prior and informed consent (FPIC) into domestic legal frameworks.

• The study identified three general typologies of rights-based claims used by local actors in the extractive sector: environmental justice claims, which focus on the right to be free from ecological destruction; Indigenous rights and land claims, emphasizing the right to participate in decision-making; and claims regarding the right to conduct artisanal and small-scale mining to maintain livelihoods.
• Rights holders in South and Southeast Asia employ a variety of strategies to make their claims, which may be used simultaneously. These include law-based approaches and litigation, mass actions such as blockades, peaceful demonstrations, and protests, as well as media outreach and the use of international platforms.
• Significant barriers impede the ability of local actors to exercise their rights, including poor access to legal resources and information, financial constraints, lack of capacity, and strong institutional barriers. Other impediments include burdensome administrative requirements, power imbalances, and a weak rule of law.
• There is a notable lack of empirical academic research on explicit rights-based claims in the mining sector within South and Southeast Asia. A survey of peer-reviewed literature yielded only 20 relevant articles, though 17 of those specifically included claims made by Indigenous Peoples.
• Resource extraction projects frequently fail to engage local communities in decision-making or observe the right to free, prior and informed consent (FPIC), which contradicts international commitments and best practices in the sector.
• Even when national legal frameworks exist, structural and institutional shortfalls often prevent affected communities from utilizing existing legal remedies.

APA

Anschell, N. (2020). Rights-based claims in the extractive sector. Stockholm Environment Institute. https://www.sei.org/wp-content/uploads/2020/03/rights-based-claims-in-the-extractive-sector.pdf

Chicago

Anschell, Nicole. Rights-based claims in the extractive sector. Stockholm Environment Institute, 2020. https://www.sei.org/wp-content/uploads/2020/03/rights-based-claims-in-the-extractive-sector.pdf.

Wikipedia

{{cite report |last1=Anschell |first1=Nicole |title=Rights-based claims in the extractive sector |publisher=Stockholm Environment Institute |date=March 2020 |url=https://www.sei.org/wp-content/uploads/2020/03/rights-based-claims-in-the-extractive-sector.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{anschell2020rightsbased, author = {Anschell, Nicole}, title = {{Rights-based claims in the extractive sector}}, institution = {Stockholm Environment Institute}, year = {2020}, month = mar, url = {https://www.sei.org/wp-content/uploads/2020/03/rights-based-claims-in-the-extractive-sector.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }