Rights-based claims in the extractive sector

This policy brief examines rights-based claims in the extractive sector of South and Southeast Asia, identifying three main typologies: environmental justice, Indigenous rights/land claims, and artisanal mining rights. It highlights significant barriers to exercising these rights, including institutional failures and power imbalances, and calls for better legal frameworks, the implementation of free, prior and informed consent, and increased academic research in the region.

• Rights holders in the extractive sector frequently face significant obstacles when attempting to exercise their rights, including poor access to information, legal resources, financial limitations, and strong institutional barriers. These challenges can stem from tokenism, weak institutional capacity leading to lack of enforcement, or a lack of good faith from governments and private actors whose interests conflict with marginalized groups.
• The study identified three general typologies of rights-based claims used by local actors in South and Southeast Asia: environmental justice claims (focused on the right to be free from ecological destruction and participatory decision-making), Indigenous rights and land claims (emphasizing free, prior and informed consent), and claims regarding the right to conduct artisanal and small-scale mining to maintain livelihoods.
• Claimants employ a variety of strategies to advance their rights, which are often 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.
• There is a notable lack of empirical academic research on explicit rights-based claims in the mining and extractive sectors within South and Southeast Asia. The study's review only identified 20 relevant published articles, though 17 of those included claims made by Indigenous Peoples.
• Despite international law obligations for governments to respect and protect human rights, resource extraction projects are frequently carried out without observing the right to free, prior and informed consent or engaging local communities in decision-making. Even where national legal frameworks exist, structural and institutional shortfalls often hinder the use of 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} }