Conflict resolution in the extractive sector, using Alternative Dispute Resolution (ADR) mechanisms and the Pulse Frame Model – a case study

Abstract

The extractive sector conflict resolution is very important in the development of any economy; as such the twenty-first century business community requires quick, effective and efficient dispute resolution mechanisms to preserve huge investments of stakeholders. Conflict is inevitable and occurs in the extractive industries too. There are issues of compensations payments and resettlements, illegal mining, socio-economic and environmental pollutions, mistrust over equitable share of mining benefits, disrespect for cultural values, poor communication and contractual challenges among others that have occasioned various extractive conflicts. Alternative Dispute Resolution (ADR) Mechanisms are more collaborative, consensual and voluntary process of dispute resolution and can still maintain relationship as oppose to court litigation. The process should be transparent, allows for effective communication, strategic planning and capacity building for the stakeholders. This research uses and the PULSE Frame Model as a tool for resolution in the extractive sector with West Africa Quarries Limited (WAQL) as a test case. Qualitative data analysis method was employed open-ended interviews, conversations, formal and informal meetings with persons on the subject matter of conflict resolution. From the data collected, a conflict resolution model was drawn for WAQL and also a conflict between WAQL and the affected Landowners on payments of compensation were resolved with the parties signing an agreement and allowing WAQL to resume the limestone mining activities from the concession. The research revealed existence of conflict between West Africa Quarries Ltd (WAQL), host communities and contractors which are mostly resolved through Court litigation with outcomes noted to be expensive, time consuming and adversarial in nature. It is recommended that a well-functioning grievance mechanism system which provide credible process being fair, transparent with expectations to all parties leading to effective and sustainable outcome is established. Also, a post-conflict management and mitigation measures were put in place to constantly review the conflict resolution process promoting frequent engagements and enhancing relationship and effective communication as well as ensure that rigorous due diligence are undertaken before contracts are awarded.