Predation and dispossession in Africa: enabling constructive contestation over natural resources

The ‘right to contest’ is an internationally recognised principle, embodied in the International Covenant on Civil and Political Rights (ICCPR). The issue posited by this paper is whether and how contestation can occur, in resource-rich countries in Africa, constructively or destructively. Constructive contestation in Africa is particularly important in relation to natural resources, those under the land, on the land and perhaps most importantly in relation to the land itself. Without the political and social spaces to contest decisions regarding those resources constructively, violence or other forms of destructive contestation may ensue. In Africa, the problem of contestation is exacerbated by the predation of resources – its illicit taking by more dominant parties – and consequent territorial dispossession, loss of culture and identity, and the often justified feelings of betrayal and anger. If one accepts that contestation in a constructive manner ought to be provided for, the questions then arise as to who can legitimately contest and on what basis.