Policy Lecture 2024 PDF

FRM 362 NATURAL Resources Policy and Legislation Dr. Joana Akua Serwaa Ameyaw CLASS SET-UP Assessing student expectations In one word, tell us what you would like to learn from this course https://www.menti.com/al33u1d28vte Course Outline Three main parts: 1.Introduction...

FRM 362 NATURAL Resources Policy and Legislation Dr. Joana Akua Serwaa Ameyaw CLASS SET-UP Assessing student expectations In one word, tell us what you would like to learn from this course https://www.menti.com/al33u1d28vte Course Outline Three main parts: 1.Introduction to Policies 2.Introduction to Laws and Legislation 3.International Conventions Course Outline... Introduction to Policies ❖ Defining policy ❖ Importance of policy ❖ Actors in policy making ❖ Factors affecting policies ❖ NR policy making ❖ Policy Implementation ❖ Policy co-ordination ❖ Case study of some natural resource policies Course Outline … Introduction to Laws and Legislation ❖ Nature and characteristics of laws ❖ Types of laws ❖ The need for laws and legislation ❖ Case study of NR laws and legislation Course Outline… International Conventions ❖ Development of international conventions ❖ Enforcement of conventions ❖ Case Study of some conventions Reference Materials ▪Birkland, T. A., 2019. An Introduction to the policy process: Theories, concepts and models of public policy making. 5th Edition, Taylor and Francis, New York, USA. ▪Kraft, M. E. and Furlong, S. R., 2018. Public policy, politics, analysis and alternatives. 6th Edition. SAGE, California, USA. ▪Unger, D. H. and Siroros, P., 2011. Trying to make decisions stick: Natural Resource Policy making in Thailand. Journal of contemporary Asia, 41:2, 206-228. ▪Anderson, J. E., 2015. Public Policy making. 8th Edition, Wadsworth Cengage learning, Boston, USA. Reference Materials... ▪Kortey, N. A. Francois, J., Owusu, J. G. K. Yeboah R., Amanor, K. S. & Antwi, L., 1998. Falling into place: Collaborative Resource Management in Ghana. Policy that works for forests and people No. 4. IIED, London ▪Brassil,B and Brassil D., 2011. Legal Studies. Green Giant Press, Singapore. ▪Walker, G. B. and Daniels, S. E., 2001. Natural Resource Policy and the paradox of public involvement. Journal of Sustainable Forestry, 13:1- 2, 253-269. ▪Owusu, J. G. K. (ed), 1989. Revision of Ghana’s forest policy. Proceedings of a national conference, Forestry Commission Symposia Series no. 3, Accra Ghana Reference Materials… ▪Clark, T. W., 1992. Practicing natural resource management with a policy orientation. Environmental mgt. 16:4, 423-433. ▪Husch, B., 1987. Guidelines for forest policy formulation. FAO forestry paper 81. FAO Rome. ▪Hummel, F. C., 1984. Forest policy – a contribution to resource development. Martinus Nijhoff/ Dr W. Junk publishers, The Hague, the Netherlands. ▪Worell, A. C., 1970. Principles of forest policy. McGraw Hill Inc. Reference Materials… Reference Materials… Introductory exercise What is the relation between the following: oPolicy olaw olegislation Defining policy Some definitions : o The opinion or doctrine of a government or group of people o A course of action adapted and pursued by a government or any other authority in accordance with socio-economic goals to be achieved 14 Defining policy o A plan of action agreed on by a group of people with the power to carry it out o A statement by government of what it intends to do or not to do, such as a law, regulation, ruling, decision, order or a combination of these. o Public policy is what public officials within government, and by extension the citizens they represent, choose to do or not to do about public problems (Kraft and Furlong, 2015) Public problems refer to issues society widely perceives as unacceptable and therefore require intervention (e.g. environmental degradation, illegal logging, etc.) 15 Defining policy… ❖Thus generally, a policy is: ❖A set of guidelines ❖Clearly define what will be done or not done ❖Aimed at achieving some set goals/objective ❖There can be different policies for achieving varying goals ❖e.g. Educational policy ❖ Environmental policy ❖ Fisheries policy ❖ Mining policy ❖ Forest policy ❖ etc. ❖ Policies are not limited to governments. Individuals and groups may also have their own policies. 16 What is a NR policy? ▪A set of guidelines or principles that govern the use and management of natural resources for the achievement of a society’s objectives. ▪The policy defines the dimensions for the use and management of natural resources: ▪ Management priorities e.g.: ▪ rehabilitation of existing resources, ▪ expansion of resources, ▪ promotion of trade 17 Nature of policies ❖They indicate a choice from a set of alternatives ❖They may or may not be documented. ❖They are made for the present and the future, drawing on lessons from the past ❖They change with time ❖The resource policy is dependent on the nature of the resource in question 18 Characteristic of a ‘good’ policy ❖Has a clear goal or purpose ❖Should be relevant to the needs of society ❖Well-informed ❖Developed through transparent processes ❖Content and development process is ethical ❖Open to amendment 19 DISCUSSION QUESTION You have been selected as part of a team tasked to review a draft natural resource policy: a. What will you look out for in the draft document to ascertain the quality of the policy? b. How will you determine the quality of the process used in policy development? 20 What is politics?  Politics ▪ Politics is the study of how people get what they want ▪ A process of determining how power and resources are distributed in society without violence (who gets what, when and how) ▪ Politics is the practice and theory of influencing other people ▪ Politics is the activity through which people make, preserve and amend rules governing their lives ▪ The exercise of power in society or in specific policy decision making process ▪ Power – the ability to get others to do what you want 22 Politics underpins policy making  Categorizing public policies ❖ Policies can be classified in different ways and the classifications given are not mutually exclusive ❖ Policies may be categorized based on … Purpose Types of Political Goods activities Security Distributive Collective Membership Regulatory Private Prosperity Self – regulatory Needs Redistributive Cochan et al. 2009 25  Categorizing based on purpose ❖Security – providing protection from threats to lives, properties, liberties e.g. National defence, criminal law ❖Membership – determining who is a member of a society and rights for different membership types ❖Prosperity – providing goods and services for ensuring material well-being (legal and social infrastructure for economic growth) ❖Needs – meeting essential needs e.g. education and healthcare, social security 26  Categorizing based on goods ❖Collective (Public) – Goods (services) cannot be divided and so provided for the benefit of all E.g. pollution control, national defence ❖Private – Goods provided to specific groups of people. Others can be excluded from accessing these goods E.g. access to university education 27 Categorizing based on types of political activities The Theodore Lowi categorization ▪ This was initiated in 1964 and has been modified by others over time ▪ Puts policy into three major types: ▪ Distributive ▪ Regulatory ▪ Redistributive 28  Types of policy… Distributive Policy ▪ Involves granting some good or benefits to particular interest group(s) in society ▪ Usually the group of people this policy favours is not easily noticed. ▪ The cost of the policy is distributed broadly across society such that its impact is not directly felt by another group in society ▪ These policies are usually created with only minimal political conflict ▪ If benefits are distributed to a wider group, the policy becomes more consensual E.g. Agricultural subsidies, government support for public schools 29  Types of policy….. Regulatory Policies ▪ These are intended to impose constraints on individuals, groups and the conduct of business ▪ Limits liberty of actions ▪ E.g. speed limits, employment regulation, public accommodation standards, environmental laws regulating pollution ▪ Theodore Lowi distinguishes two broad types: ▪ Competitive regulatory ▪ Protective regulatory 30  Regulatory Policies Competitive Regulatory Policy ▪ This is designed to limit the provision of goods and services or participation in market to one or few selected group(s) of people. ▪ This kind of policy is usually made at the state level and is not subject to much public scrutiny. 31  Regulatory Policies Protective Regulatory Policy ▪ It is aimed at protecting the public at large from the negative effect of the activities of a smaller group of people. ▪ Agreements are reached based on negotiations with the affected group 32  Regulatory Policies Cochan et al. 2009 also describes another type of regulatory policy...... “self-regulatory” policy Here, the regulated group has authority and discretion to formulate and police their own regulation Policies developed here are usually in the interest of the regulated group , rather than the public E.g. Licensing of practitioners to determine who may or may not practice a profession 33  Types of policy….. Redistributive Policies ▪ This type of policy gives benefits to a group by imposing a discernable cost on another group ▪ It is intended to manipulate the allocation of wealth, property or some valued items among social classes. ▪ This kind of policy usually generates a lot of scrutiny and conflicts 34  Types of policy….. ▪ It is difficult to assign a policy to only one category using the Lowi categorization. ▪ This led to the development of the Wilson’s Cost Benefit Policy Typology. ▪ This typology is based on how a policy distributes costs and benefits. 35  Types of policy….. Wilson’s Cost-Benefit Policy Typology Benefits Among few Among Many Among few Interest Group Politics Entrepreneurial Politics Costs Among Many Clientele-Oriented Majoritarian Politics Politics 36  Wilson’s Cost-Benefit Policy Typology… Interest Group Politics Costs and benefits are shared among only few groups Here conflicts are likely to arise if the interest group bearing the costs are not the same as the group enjoying the benefits 37  Wilson’s Cost-Benefit Policy Typology… Entrepreneurial Politics The cost of the policy is concentrated among a few, but the benefits are shared by a larger group Policy makers are persuaded to regulate the policy in the interest of the public, amidst opposition from the group(s) that would bear the cost Environmental policies are usually of this nature 38  Wilson’s Cost-Benefit Policy Typology… Clientele-Oriented Politics Benefits are provided for a specific group but the costs of the policy are not assigned to a definite group. They are distributed broadly among a larger group The benefiting group presses for the enactment of the policy and supports it in every way. E.g. The regulation of trade for the benefit of young/smaller industries 39  Wilson’s Cost-Benefit Policy Typology… Majoritarian Politics Here, both costs and benefits are spread out to many people Such policies are considered weak and ambiguous. 40 Why do we need natural resource policies?  IMPORTANCE OF NATURAL RESOURCE POLICIES ❑ The importance of NR policies is rooted in the unique characteristics of the resources 1. The resources are renewable – Has an inherent ability to be replenished over time – within economically and socially acceptable limits. 2. Potentially destructible – If not properly managed 3. Geographically unevenly distributed  IMPORTANCE OF NATURAL RESOURCE POLICIES… High value Rich timber biodiversity Well forested catchment Subsistence farm land Mine site Grazing land Tourism Commercial farm land Biofuel Human production settlement 4. Multiple uses and competing claims could result in conflicts  IMPORTANCE OF NATURAL RESOURCE POLICIES… A policy is therefore important for: ▪ The protection of natural resources from potential destruction ▪ It provides a guide on how the resource is to be used – thus ensuring its efficient use ▪ Balancing stakeholder interests to ensure equity ▪ Avoiding conflict with other related sectors of the economy - e.g. Agriculture, environment, local government, etc.  WHAT FACTORS AFFECT THE KIND OF POLICIES A COUNTRY MAY HAVE FOR THE MANAGEMENT OF ITS NATURAL RESOURCES?  Factors Affecting NR Policies ▪ Biological ▪ Environmental ▪ State of knowledge ▪ Socio-cultural ▪ Economic ▪ Operational and administrative practicability ▪ International and National interests or commitments ▪ Policies of other sectors  Factors Affecting NR Policies… Biological Nature of the resource Considers the composition of the resource o Species o Condition score o Stocking, etc Resources with different biological characteristics would have to be managed differently to ensure sustainability.  Factors Affecting NR Policies… Environmental conditions ▪This deals with the kind of climate, topography, etc. that exist where the resource is located. ▪These affect the management of the resource. E.g. species to be grown, mode of exploitation, etc.  Factors Affecting NR Policies… State of Knowledge about the resource ▪ What is known about the resource at the time of policy making affects use and management objectives and strategies. ▪ This state of knowledge depends on research, technology available and the nation’s experience with managing the resource. ▪ As knowledge advances, the policy may need to be reviewed or changed.  Factors Affecting NR Policies… Socio-Cultural Factors ▪ The social conditions and the culture of the people for which the resource is to be managed are important in determining priorities for management ▪ When these are overlooked, implementation of a policy would be faced with opposition and apathy. ▪ Customs and traditions ▪ Land ownership and tenure  Factors Affecting NR Policies… Economic Factors ▪ Natural resources play an important role in many economies. ▪ In such countries, a separate policy on natural resources is necessary. Where the role of natural resources is not prominent, the NR policy may be a sub-component of another major policy document. ▪ A resource policy should support a nation’s economic goals and interests ▪ Providing employment ▪ Promoting rural development ▪ Providing raw material for industry  Factors Affecting NR Policies… Operational and Administrative Practicability of options ▪ There are usually alternative courses of action for addressing a given policy concern. ▪ The option to be chosen should consider the feasibility of implementations within the constraints of: ▪ Staff ▪ Equipment ▪ Technology ▪ Funds, etc  Factors Affecting NR Policies…. International and National Interests or Commitments ▪ Policy decisions would need to consider national and international priorities and commitments made. There should be no contradictions. ▪ E.g. ▪ National….. ▪ constitution, ▪ Medium term national development policy framework ▪ International…..UNFCCC, CITES, etc.  Factors Affecting NR Policies… Policies of other sectors ▪ The NR policy should not contradict other policies related to the resource. ▪ Some of the sectors related to the resource include: ▪ Agriculture ▪ Lands ▪ Environment ▪ Policies on taxation, foreign trade, land-use planning and pollution control for example may affect NR policies Assignment for our next meeting ▪Compile policies: ▪Search for all the 13 case study policies ▪Create a folder and download them for inspection  Actors in Policy Determination ▪ Policies result from negotiations, debates, compromises, etc. among stakeholders on policy content. ▪ Actors in policy making are determined by the social, economic and political system of the country. ▪ Despite the kind of system in a country however, the participation and acceptance of people is vital for successful policy implementation  Actors in Policy Determination… ▪ The official pronouncement of a policy is usually the responsibility of the government. However, many actors participate in determining the outcome of the policy. ▪ These actors may be categorized as: ▪ Official ▪ Unofficial ▪ Official actors are those given the responsibility of making and enforcing policies by law or constitution and thus have the power to do so. ▪ Unofficial actors are those who play a role in the policy process without the explicit legal authority (duty) to participate.  Actors in Policy Determination… Official Actors These consist mainly of governmental institutions. There are three main arms of government: ▪ The Legislature ▪ The Judiciary ▪ The executive  Actors in Policy Determination… The Legislature Handout (The work of the legislature)  THE LAW-MAKING PROCESS IN GHANA; STRUCTURES AND PROCEDURES ▪ More often than not, the law-making process (legislative process) appears to be a complex matter understood by policy makers only. ▪ As future managers of natural resources, an understanding of the legislative process in a simplified manner is crucial.  HISTORICAL OVERVIEW OF THE GHANAIAN LEGISLATURE ▪ Article 11 of the 1992 constitution vests authority to the Parliament of Ghana to oversee and exercise legislative power. ▪ Ghana has a unicameral legislature - one parliament exercising legislative functions ▪ The parliament is responsible for passing bills, which when assented to by the President, become the laws which protect the constitutional rights of all citizens.  COMPOSITION OF THE PARLIAMENT OF GHANA cont’d The parliament of Ghana comprises of; ▪ The speaker of Parliament : The speaker is elected by the Members of Parliament or persons who are qualified to be elected as Members of Parliament. He/she presides over Parliament and enforces all standing orders. ▪ First deputy speaker : In the absence of the speaker, the first deputy speaker shall exercise all the powers of the speaker. The first deputy speaker also presides over the Appointments and the Privileges Committees.  COMPOSITION OF THE PARLIAMENT OF GHANA cont’d ▪ Second deputy speaker : In the absence of the speaker of parliament and the first deputy speaker, the second deputy speaker shall exercise all the powers of the speaker. Additionally, he / she presides over the committee on members holding offices of profit. ▪ Majority leader: Elected from the largest political party in parliament. Assisted by a Deputy Majority leader and a Majority Chief whip. The majority leader works to advance the goals of the House in general and the majority party in particular.  COMPOSITION OF THE PARLIAMENT OF GHANA cont’d ▪ Minority leader : Elected from the second largest political party in Parliament. Like the majority leader, the minority leader is assisted by a Deputy Minority Leader and a Chief Whip. ▪ Committees of the Parliament: Committees evaluate and analyze bills that reach parliament. This is done through investigation and inquiry into activities and administration of ministries and departments as determined by parliament. Each member of parliament is required to be a member of at least one standing committee.  THE LEGISLATIVE PROCESS ▪ The legislative process refers to the various procedures by which a bill becomes a law. ▪ There are 4 stages by which the legislative process can be classified; 1. First reading 2. Second reading 3. Committee/consideration stage 4. Third reading.  THE LEGISLATIVE PROCESS cont’d ▪ First reading; It is the first time the bill appears in parliament. The speaker reads the long title of the bill before parliament and the bill is then referred to the relevant committee to examine the bill and produce a report for the second reading. ▪ Second reading; The parliament debates the principles and policies of the bill. The Sector Minister delivers a speech explaining the implications of the bill and argues for its passage. The minority party also puts forth a debate on the bill ▪ Committee/consideration; The bill is discussed clause by clause and all concerns are debated and voted upon. The Attorney General’s Department redrafts the bill, incorporating all amendments. ▪ See political manoeuvers used at this stage to keep parliament on schedule (Winnowing sessions, guillotine and kangaroo)  THE LEGISLATIVE PROCESS cont’d ▪ Third reading; Parliament continues to debate the principles of the bill. If clauses are not reviewed properly, the bill is reverted to the committee stage. Where reviewed bill has no further amendments, parliamentarians vote for or against its passage. ▪ Finally, the bill is sent for presidential assent. ▪ The president may assent to the bill, refuse to assent or refer the bill to the Council of State for further action ▪ If the President assents, the bill becomes law. The new law is published in the Gazette and enters into force. ▪ Under what circumstances is the President’s obligatory assent expected?  ROLES OF ORGANS OF GOVERNMENT IN LAW- MAKING ▪ Law-making power is distributed between Parliament, which passes the bill, and the President, who assents it. ▪ Law-making is a legal matter and hence the Attorney General advises on all legal matters, being responsible for all government’s legal documents, verifying constitutionality of legal issues and assessing the soundness and appropriateness of all legal matters. ▪ The Parliamentary Counsel under the Attorney General’s Office, drafts all legislative documents and the bills.  ROLES OF ORGANS OF GOVERNMENT IN LAW-MAKING cont’d ▪ Before bills are introduced in parliament, after being passed by parliament and after the presidential assent when the bill becomes a law, they must be published in the Gazette. ▪ Civil society and the public are included in the law-making process through the publication in the Gazette and through public hearings/investigations conducted by the Committees of Parliament.  EFFECTIVENESS OF THE GHANAIAN LEGISLATIVE PROCESS ▪ The legislative process of Ghana is considered very effective. ▪ The use of Parliamentary Counsel as the sole drafters of legislative documents is effective, because the average Member of Parliament may not have the necessary resources to draft the legislation. ▪ There should however be increased efforts in raising public participation in law making  Actors in Policy Determination… The Administrative Agencies and Bureaucrats ▪ This refers to large organizations that manage government programmes. ▪ They are usually firmly ordered systems with a hierarchy that allows for supervision of lower offices by higher ones. ▪ It also has well-trained staff. These include: ▪ Governmental authorities in charge of natural resources (e.g. Forestry Commission, Water Resource Commission, Fisheries Commission) ▪ Related governmental set up (e.g. EPA) Usually the governmental natural resource authority plays the most prominent role but their role is strongly influenced by other sectors of government e.g. the ministries.  Actors in Policy Determination… The Judiciary ▪ Consist mainly of the law enforcement body (the court system) ▪ They review the activities of the legislature and the executive to ensure their activities are within the confines of the law.  Actors in Policy Determination… Unofficial Actors They include: ▪ Individual citizens ▪ Interest groups ▪ Political parties ▪ Technical and financial institutions ▪ Research organizations and advisory units ▪ Communication media ▪ Etc.  Actors in Policy Determination… Interest Groups ▪ These consist of people with some stake in natural resources. They include groups concerned with conservation e.g. NGOs, professional associations (e.g. GIF), industrial associations (e.g. GTMO, Kumasi Wood Cluster (KWC)), etc. ▪ They may be permanent or temporary. ▪ These groups strongly advocate for their interests or objectives to be considered in the policy  Actors in Policy Determination… Interest Groups... ▪ Effectiveness of an interest group in policy determination depends on: ▪ Interest ▪ Power ▪ Access ▪ If all members share similar interest, their influence would be greater ▪ Power - capacity of the group to command the attention of policy makers. This is mainly related to the size and financial resources of the group. ▪ If a group has greater access to policy makers, they are more likely to influence decision making.  Actors in Policy Determination… Technical and Financial Institutions ▪ These may be bilateral or multilateral ▪ They provide expert advice, information and financial resources ▪ Sometimes their support is based on accepting certain policy conditions/recommendations ▪ They are very influential in policy making particularly in less developed countries  Actors in Policy Determination… Researchers and Advisory Units They provide information on various component of the policy and how to implement to ensure effectiveness. These may or may not be commissioned to make an input into policy making  Content of NR Policies ▪ The content of different natural resource policies vary. ▪ Basically however, a NR policy may have the following features: ▪ Background ▪ Guiding Principles ▪ Aims and objectives ▪ Strategies These features are usually presented in two broad parts: ▪ Introductory section ▪ Policy statement  Content of NR Policies… Introductory Section Provides information on the basis for the policy ▪ Preamble:- Gives a summary of what the policy is about ▪ Background:- History of the resource – its condition and how it has been managed, why the need for the policy – any changes that has necessitated the current policy ▪ Guiding principles: - Gives the context for policy formulation. It also defines national priorities and international conventions the policy seeks to align with  Content of NR Policies… Policy Statement ▪ This mainly consists of: ▪ Aim and objectives ▪ Strategies ▪ Aim and objectives ▪ This clearly indicates what the resource is being managed for and the expected resource condition within a given period of time ▪ The objectives may be temporary or long term ▪ The aims and objectives should be derived from society’s needs and therefore closely linked to broader national goals  Content of NR Policies… Policy Statement Aim and objectives..... ▪ Example: ▪ “Conservation and sustainable development of the nation’s forest and wildlife resources for the maintenance of environmental quality and perpetual flow of optimum benefits to all segments of society” (FWP, 1994) ▪ “the conservation and sustainable development of forest and wildlife resources for the maintenance of environmental stability and continuous flow of optimum benefits from the socio-cultural and economic goods and services that the forest environment provides to the present and future generations whilst fulfilling Ghana’s commitments under international agreements and conventions” (FWP, 2012)  Content of NR Policies… Aim and Objectives…. Basically, a NR policy should address the following: ▪ Sustainable development of the resource ▪ Provision for the multiple use of the resource ▪ Protection of the resource ▪ Deforestation ▪ Degradation ▪ Biodiversity loss ▪ Etc. ▪ Maintenance, restoration and enhancement of the protective functions of the resource (ecosystem services) ▪ Provision for productive functions ▪ Preservation of resource  Content of NR Policies… Specific considerations in the formulation of policy objectives 1. Role of the resource in national economy and social welfare ▪ Economic and social welfare parameters:- employment, GDP, health, recreation, etc ▪ How can the resource contribute to these? ▪ job creation, increased income and living standards? How? ▪ Reforestation/plantation development, aquaculture, agroforestry, etc.? ▪ Provision of loans, tax holidays for beginners in RNR business and promote expansion of industry? ▪ Set up extension support for such services, marketing support?  Content of NR Policies… Specific considerations in the formulation of policy objectives 1. Role of the resource in national economy and social welfare.... ▪ How can the resource contribute …… ▪ Integrated rural development – Forest + Agric + water supply? ▪ Should provision of state amenities (electricity, water, education...) be dependent on resource development activities? Should social amenities be provided for resource dependent communities to discourage migration to urban areas? ▪ Support resource management programmes on non-state lands for the production of fodder, fuel wood, building materials, wildlife, fish, etc to meet local demands? ▪ Should state make it an objective to increase supply of wood for fuel through plantations (woodlots) to address energy needs?  Content of NR Policies… Specific considerations in the formulation of policy objectives… 2. Relation between state and private management of NR ▪ Is there private and communal ownership of natural resource (plantations, agro-forests, fish farms)? ▪ To what extent should the state interfere in private management? ▪ Exploitation of resource? ▪ Marketing of products? ▪ Value addition? ▪ Should state resources be given to private and communal ownership/management? {e.g. do we allow private investors to assist in re-planting degraded forest reserves? Under what conditions?} ▪ etc  Content of NR Policies… Specific considerations in the formulation of policy objectives… 3. Establishment, size and maintenance of state forest and wild lands ▪ This consideration is on designating specific areas as national parks, protected areas, strict nature reserves, forest reserves, etc. ▪ If a country does not have these areas established at the time of developing its policy, the objectives of the policy should consider whether these areas are needed ▪ Usually the objectives for managing state forests and wildlands are to ensure: ▪ Multiple Use (recreation, production) ▪ Sustainable supply of products (fish, water, NTFPs, timber, etc.) ▪ Protection of resource  Content of NR Policies… Specific considerations in the formulation of policy objectives… 3. Establishment, size, maintenance and management of state forest and wild lands... ▪ What should be the size of these state resource areas? E.g. Set limit of land (resource) that could be owned/managed by the state ▪ How would these state resources be maintained? ▪ What should state natural resource areas be managed for? ▪ Which set of multiple uses would be pursued in which areas ▪ Dilemma between production and protective/ environmental functions ▪ Which other sectors would be involved in the management of these resources? ▪ How do we co-ordinate the work of all those sectors  Content of NR Policies… Specific considerations in the formulation of policy objectives… 4. Natural resource based industries and marketing Some of the considerations include the following: ▪ Who could own such industries? ▪ To what extent should the state be involved in the management and development of the industries? ▪ Establish them? ▪ Give employment quotas? ▪ Supply raw materials? ▪ Regulate use of raw materials---e.g. value addition? ▪ Control of transportation, imports & exports of products? ▪ Control prices?  Content of NR Policies… Specific considerations in the formulation of policy objectives 5. Education and Training ▪ This objective aims at ensuring the availability of competent human resource at various levels of resource management ▪ Some of the considerations include: ▪ State establish and operate education and training facilities? ▪ If so, at what level? ▪ If not, which people should manage such facilities ▪ To what extent would the state be involved?---provision of financial support, review of curricula, etc.  Content of NR Policies… Specific considerations in the formulation of policy objectives 6. Environmental protection ▪ Management of natural resources have environmental consequences ▪ Should the state require environmental impact assessment? Which organization /agency would implement and monitor that? ▪ Payment for environmental services? How? ▪ How to reduce emissions? ▪ Use “polluter pays” principle? Under what conditions?  Reflection Why would you expect the forest policy of Ghana to be the different from that of Great Britain?  Natural Resource Policy Development Case Video on a national policy development process in Montenegro:  Natural Resource Policy Development Case Video on a national policy development process in Montenegro: Key features from the video: oHow important the forest is to the people oHow their appreciation of the role of forests has evolved oActors in the policy making process oSteps in the policy making process oForest management priorities the policy highlighted  Natural Resource Policy Development Case ▪ National Forest Policy Development Process.mp4 Natural Resource Policy Process  NR Policy Process The policy cycle – Example 1  NR Policy Process The policy cycle: Example 2  NR Policy Process The policy cycle: Example 3  NR Policy Making ▪This involves two main stages ▪ Policy Formation ▪ Policy Formulation ▪Policy Formation: Various process for arriving at the policy. Through these processes various policy options are considered and policy choices are made. ▪Policy Formulation: Formal statement of the policy  NR Policy Making ▪The process involves: ▪ Data Collection (information gathering) ▪ Analysis of results and options ▪ Formulation of objectives ▪ Determination of strategies  NR Policy Making Data Collection ▪ This involves gathering all information relevant for the policy ▪ The kind of information required depends on whether the policy to be formulated is the first of its kind or a review of an existing one. ▪ Kind of data to be collected: ▪ Resource related factors ▪ People related factors Resource related factors ▪ Biological nature of the resource ▪ Location and distribution ▪ Environmental factors  NR Policy Making Data Collection… People related factors ▪Knowledge about the resource (including Indigenous Knowledge) ▪Current and potential use of the resource ▪Economic importance of resource to the people – export/import, contribution to livelihoods, etc. ▪Socio-cultural significance of the resource ▪Local taboos and laws on the resource  NR Policy Making Data collection… Who collects data? ▪ Usually initiated by Government ▪ Governmental agencies in charge of the NR sector spearhead the data collection process ▪ Other natural resource related institutions may support the process  NR Policy Making Data collection… Sources of Data ▪ Two major sources ▪ Primary – data collected from the field and from people at the time of policy making ▪ Secondary – already existing data from books, journals, reports, etc.  NR Policy Making Data collection… Importance of public involvement in policy making ▪ Helps to tap local knowledge outside what is known by technical resource management. ▪ Enhances incorporation of public resource-related needs and perceptions about already existing arrangements….thus producing a more acceptable policy ▪ People identify with the process and feel a part of the policy that finally comes out----they are thus more likely to be committed to its implementation  NR Policy Making Data collection… Methods of stakeholder consultation Formal: ▪ Questionnaire administration ▪ Interviews ▪ Focus Group Discussions ▪ Technical working group ▪ Workshops Informal: ▪ Observation ▪ Informal discussions The selection of method is dependent on the stakeholders in question and the specific information required.  NR Policy Making Analysis Of Results And Options ▪ Aims at relating information obtained from data collection to the policy. ▪ The major question is: ‘what do the results mean for the policy?’ Focus of people-related data analysis: ❑Who/which category of people had which opinion? ❑What roles do such people play in society and what are their power relationships? ❑How many people shared a particular view? ❑How strongly were such views expressed?  NR Policy Making Analysis Of Results And Options… Means of analyzing options ▪ Cost benefit analysis ▪ Internal Rate of Return (IRR) ▪ SWOT analysis ▪ Forecasting ▪ Thematic analysis ▪ Expert consultations and brainstorming  NR Policy Making Analysis Of Results And Options… ▪ Choice of data analysis method is dependent on the kind of data ▪ Once analysis is complete, choice of option(s) should be made from alternative courses of action.  NR Policy Making Formulation of objectives and strategies ▪ Objectives are formulated based on the agreed course of action and strategies for achieving the desired objectives are also determined. ▪ Refer to previous lecture materials for information on formulation of policy objectives Policy Implementation  Policy Implementation Introductory discussion ▪In practice, do bureaucracies (e.g. FC, WRC) implement natural resource policies as they are formulated in policy documents? ▪Give reasons  Policy Implementation ▪ Once a policy is formulated the next important stage is its implementation. ▪ Without effective implementation, policies are of little relevance ▪ Policy implementation is the process by which enacted policies are put into effect by relevant agencies ▪ It is naïve to assume that bureaucracies (government agencies – FC, Fisheries Institutions, etc.) are neutral institutions that would implement policies exactly the way the legislature intends.  Policy Implementation “Administrators give shape to the policy process in two ways. As advisors, they influence policy determination, and as implementers, they become decision makers in routine but nevertheless, extremely important matters” Politics of resource management: “Power to advise” Vrs. “Power to decide”  Policy Implementation ▪ Roles of various actors in policy implementation should be clearly defined ▪ Government (Ministries) ▪ Bureaucrats (Forestry Commission, Water Resources Commission, Fisheries Commission, etc) ▪ Local government ▪ Private sector ▪ NGOs ▪ Need for education on policies and their rationale: ▪ among staff of implementing agencies ▪ Stakeholders affected by policies ▪ Address the problem of language, format of communications, etc.  Policy Implementation ▪Effective implementation requires: ▪ Programmes ▪ Programmes are definite and planned actions to operationalize policies or make policies effective ▪ Laws ▪ Funding ▪ Logistics – transportation, equipment, supplies ▪ Administration ▪ Personnel ▪ Supervision, coordination and control  Policy Implementation ▪The policy implementation process should always be monitored to: ▪ ensure the policy is achieving its desired output ▪learn lessons for improving the policy or the implementation process  Policy Implementation If you wish to study how the current National Climate Change Policy is being implemented, how will you go about it?  Policy Implementation ▪Policy implementation may be studied through the following approaches: ▪Top-down ▪Bottom-up  Policy Implementation Top-down approaches to policy implementation study ▪ Starts with understanding the goals and motivations of the highest-level initiators of policy ▪ Tracks the policy through its implementation at the lowest level ▪ (Street level bureaucrats..actors at the point of contact with policy’s target group e.g. Forestry Technical Officers, Teachers, Police Officers etc.).  Policy Implementation Top-down approaches.... Assumptions: ▪ Policy has clearly defined goals against which performance can be measured. ▪ Policy contains clearly defined tools/strategies for the accomplishment of goals ▪ Policy makers know the capacity and commitment of implementing organization: ▪ Capacity – availability of resources for implementation ▪ Commitment – desire of implementers to carry out goals of top-level policy makers  Policy Implementation Top-down approaches... With the top-down approach, implementers assume that: - Policy is good and enforceable - Problems with the policy can be overcome ▪ The approach thus focuses on creating structures and controls that would ensure compliance with the policy goals.  Policy Implementation Problems with top-down approach ▪ Without clearly agreed goals/objectives it is difficult to evaluate the success of the policy ▪ There is indeed no single clear body that can be seen as the ‘top’. They are influenced by a number of other structures –e.g. local structures, NGOs, etc. that affect implementation. Thus government is probably only able to set bounds for implementation. ▪ Local actors could ignore directives from the ‘top’ on how policy is to be implemented Reflecting on policy implementation Reflection on policy implementation  Policy Implementation Bottom-up approach ▪ Begins by understanding the goals, motivations and capacities of the lowest level implementers and then follows the policy design upwards to the highest-level initiators. ▪ This is based on a recognition that goals are usually not explicit but ambiguous and may even conflict with the motivations of the street- level bureaucrats.  Policy Implementation Bottom-up approach ▪ It is mainly concerned with how conflicts can be alleviated rather than compliance. ▪ It is argued that this approach overemphasizes the ability of street-level bureaucrats to frustrate policy making processes.  Policy Implementation Top-up Vrs Bottom-up ▪The best approach for studying implementation depends on the context. ▪Top-down----useful when studying a specific dominant programme and when resources are limited ▪Bottom-up ----- better when studying a multifaceted concept.  Tenure Issues And NR Policies ▪ Tenure generally means the right to use a resource for a period of time. ▪ It defines the bundle of rights and privileges associated with a particular resource. ▪ There are different types of rights: ▪ access right ▪ use right ▪ decision-making right ▪ exclusion right ▪ etc. ▪ The most comprehensive bundle of rights is the ownership right. It encompasses the right to use, make decisions on, sell or lease a resource.  Tenure Issues And NR Policies ▪ Tenure is seen as a critical variable in the sustainable management of natural resources. ▪ Three key characteristics of tenure required: ▪ Clear ▪ Secure ▪ Long-term ▪ Why can we not be assured of responsible use of NR without these key characteristics of tenure?  Tenure Issues And NR Policies Complexities with tenure issues ❖Ownership may be contested ❖Legal ownership may not be reflected in de facto control ❖Tenure may be unclear because records are incomplete or contradictory ❖It may sometimes be difficult to distinguish between categories of tenure ❖Tenure may be allocated among multiple persons ❖Tree tenure may differ from land tenure  Tenure Issues And NR Policies Complexities with tenure issues… ❖Ownership may be contested ✓In many countries, even where the state asserts its ownership over forests, large areas may be subject to the claims of indigenous or other community-based groups ✓When issues of disputes are not resolved, it results in the state of uneasy standoff, confusion and open conflicts. ❖Legal ownership may not be reflected in de facto control ✓The presence of state ownership sometimes disrupts traditional forest management without providing alternatives. ✓Traditional institutions, though formally holding rights to forests, have become dysfunctional or are no longer seen as legitimate by local people.  Tenure Issues And NR Policies Complexities with tenure issues… ❖Tenure may be unclear because records are incomplete or contradictory ✓Often it is simply unclear whether an area falls within a state forest or not ✓Demarcation may not be completed Example; ✓In Turkey, forest and agricultural cadasters often do not match ❖It may sometimes be difficult to distinguish between categories ✓Difficulties in drawing lines between state, private and customary categories of ownership  Tenure Issues And NR Policies Complexities with tenure issues… ❖Tenure may be allocated among multiple persons ✓Different rights over forest - right of access, management, harvest and so on - may be allocated to a number of persons. ✓This makes identification of someone as the “owner” of a forest difficult Discuss with the case of forest/land ownership in Ghana ❖Tree tenure may differ from land tenure ✓Ownership of forest land may not mean legal power over the trees on it if in a particular legal system, land tenure and tree tenure are separable. ✓Some customary systems, for example, firmly recognize individual ownership of trees but rights to the land under them may be subject to reallocation ✓Tree tenure in forestry related projects Discuss handout on tree tenure and benefit sharing framework in Ghana and link to cocoa sector  Tenure Issues And NR Policies We will consider three kinds of natural resource ownership: ✓Private ✓State and ✓Customary  Tenure Issues And NR Policies Advantages of private ownership ▪Private owners are more likely to show a sense of responsibility and ensure efficiency in management. ▪ Less bureaucracy ▪Realizes full economic potential of resources. ▪ Government usually unable to charge economic rates for resource use for socio-political reasons. ▪ Better payment to employees  Tenure Issues And NR Policies Challenges/demerits of private ownership ▪Conflict of interest: ▪ Private owners are usually profit oriented. Sometimes what society wants might not bring them adequate returns in terms of revenue. ▪ The cost involved in providing what would please society might be too high. Sometimes they even tend to neglect their social responsibilities ▪ The returns might be too far in the future. This is a disincentive to the private sector which usually wants returns in the shortest possible period.  Tenure Issues And NR Policies Challenges/demerits of private ownership… ▪Could be wasteful – leaving out uses of natural resources useful for society but without adequate financial returns ▪Lack of information and knowledge on best resource management approaches. ▪Lack of capability to carry out certain required operations: ▪ lack of appropriate technology/equipment ▪ Limited financial capacity to bear certain costs (e.g. research).  Tenure Issues And NR Policies State Ownership of RNR ▪Why the need for state involvement in RNR management ▪ Ability to support multiple uses of natural resources: ▪ The state is not only working for profit and therefore can better safeguard the multiple uses. E.g. carbon sequestration ▪ Better efficiency in the management of large areas because it can benefit from economies of scale. ▪ Can employ one professional forester to take care of a whole district  Tenure Issues And NR Policies Why the need for state involvement in RNR management.... ▪ To ensure equitable distribution of benefits from the resources ▪ Resources not evenly distributed and should not be appropriated by a privileged few ▪ To provide support to and regulate activities of the private sector  Tenure Issues And NR Policies Government support for private owners ▪ Support may be in the form of direct or indirect incentives. ▪Direct incentives ▪Grants or loans to private owners ▪Cost sharing ▪ E.g. for the protection of wetlands within private property  Tenure Issues And NR Policies Government support for private owners ▪Direct incentives … ▪ Provision of services ▪ technical advice for marketing, value addition ▪ Fiscal support ▪ tax holidays ▪ tax rebates (tax relief) ▪ Reduce uncertainties ▪ Price guarantee through economic projections ▪ loan guarantee ▪ land tenure security.  Tenure Issues And NR Policies Government support for private owners ▪Indirect incentives ▪Research ▪ providing logistics/personnel for research ▪ making research information available to the private owner. ▪Education ▪ Organising seminars, workshops, informal education ▪ Formal education in NRM and related disciplines  Tenure Issues And NR Policies Government support for private owners ▪Indirect incentives… ▪ Involvement in policy formulation ▪ Allow private owners contribute to policy decision-making. This makes implementation easier. ▪ Removal of unnecessary bureaucratic processes ▪ Land acquisition ▪ Property registration ▪ Permit acquisition and renewal  Tenure Issues And NR Policies State regulation of private ownership ▪This is to reduce the negative tendencies that could possibly result from private ownership Forms of state regulation ▪ Compulsory conservation of some existing resources- ▪ no deforestation ▪ creation of permanent forest estate  Tenure Issues And NR Policies Forms of state regulation... ▪Restrictions on how management should be carried out. ▪ Reforest degraded areas and ensure regeneration after logging. ▪ Restriction on harvesting levels and minimum girth size. ▪ Restriction on silvicultural operations to be used.  Tenure Issues And NR Policies Techniques of state regulation of private ownership ▪ Punitive taxation ▪ Policing and Prosecution ▪ patrols, arrests ▪ Issuing of permits and license ▪ works better if they are renewable ▪ Zoning of forest land by state to ensure multiple use  Tenure Issues And NR Policies Customary and legal tenure ▪Many local communities have their own tenure systems ▪These are administered by local authorities who are: ▪accepted by the local people, ▪expected to serve their interest and ▪ legitimately address conflicts over the resource ▪The state gets involved in these customary tenure systems to varying extents in different countries.  Tenure Issues And NR Policies Customary and legal tenure… ▪In many developing countries (Africa, Asia), local tenure arrangements are not completely abolished. ▪ They operate alongside or are interwoven into legal tenure arrangements  Tenure Issues And NR Policies Some customary tenure arrangements ▪ Distinction made between three categories of land: ▪ Individual lands – usually for agriculture, heavy labour investments ▪ Communal land – usually grazing land or forests, moderate investments ▪ ‘Open access’ lands– Usually remote from communities, used occasionally, no strong ownership rights  Tenure Issues And NR Policies Some customary tenure arrangements.... ▪Distinction between the rights of communities fringing a natural resource area and non-fringe communities ▪Distinction between the rights of migrants and indigenes ▪‘Naturally growing’ or ‘self-sown’ trees, water bodies, wildlife regarded as communal or common property  Tenure Issues And NR Policies Some customary tenure arrangements... ▪ Investment in the development of resources (tree planting, aquaculture etc.) gives investors stronger tenure rights ▪ As investment in natural resource development also lengthens and strengthens claim to land, there are sometimes strict regulations on such investments especially by tenants (migrants) and sharecroppers.  Tenure Issues And NR Policies Challenges of customary tenure ▪ Sometimes communities become too stratified to manage communal resources effectively ▪ Most communal and open access lands rich in natural resources taken over as public lands by colonial and post-colonial governments (forest reserves, protected areas) leading to disenfranchisement of communal land right -holders (E.g. African pastoralists) ▪ Systems for royalty payment, where applicable, sometimes ineffective or lacking transparency and accountability  Tenure Issues And NR Policies Policy implications of customary tenure ▪Recognition of customary tenure systems in legal arrangements ▪No need to revive communal tenure systems where they no longer work ▪Ensure good governance of royalty payment systems  Laws and legislation ▪ What is a law? ▪ set of rules considered binding on a whole community. ▪ set of enforceable rules that are officially recognised. ▪ Legislation refers to those laws enacted by legislative authorities of a country over time. ▪ Some authors consider common law accumulated through the judicial practice and customary law from traditional practice also as legislation.  Laws and legislation… ▪ Laws provide the legal instrument for putting the objectives of policies into effect. ▪ It translates objectives into specific legal provisions (e.g. to govern the use and management of natural resources) ▪ Laws (governing natural resources) need to be revised or changed (abrogated, repealed) especially when policies are reviewed, to keep them relevant.  Characteristics of laws ▪Laws should be binding on all the people in the community. ▪It should be enforceable. ▪It should be officially recognised. ▪It should be related to public interest. ▪It should reflect rights and duties. ▪It should be acceptable.  Functions of Laws (General) ▪ Define and regulate relationships between individuals and groups. ▪ Maintain order. ▪ Needed for the settling disputes. ▪ Ensure freedom and justice (without it, life becomes a survival of the fittest). Functions of natural resource laws and legislation ▪ They define the roles and responsibilities of governmental agency and how they should be carried out ▪ Forestry Commission Act ▪ They show how resources (goods and services) are to be used/exploited, transported and marketed, giving limits, prohibitions and sanctions. ▪ Control and Prevention of bush fire law ▪ Timber Resource Management Act ▪ Timber Resource Management and Legality Licensing Regulations ▪ Wildlife Resources Management Act ▪ Laws may indicate incentives or rewards for certain natural resource related activities in accordance with policy objectives (funds, technical assistance, tax exemptions) ▪ Forest Plantations Development Fund Act  Natural resource laws and laws of other related sectors ▪ Natural resource laws do not operate in isolation; they are affected (directly or indirectly) by laws of other sectors: ▪ Land ▪ Tenure ▪ Land use planning ▪ Agriculture ▪ Expansion programs ▪ Transportation ▪ Finance ▪ tax  Format of Natural resource laws ▪ No blueprints or universal procedure for law making or format for laws ▪ Generally, however, NR laws are structured as follows: ▪ An identification (name, number, date.....) ▪ Reference to previous laws related to current law ▪ Purpose and justification ▪ Main body of the law, placed in sections and labelled as articles, sections, titles, parts or chapters. Sections may address: ▪ Definition of terms used in the law to ensure correct interpretation ▪ Specific provisions of the law ▪ Penalties and sanctions  Types of laws ▪Laws categorized in different ways based on: ▪A. Authority issuing the law ▪B. Who the law affects ▪C. Law’s boundary of operation  Types of laws… ▪ A. Based on the authority issuing the law: ▪ Statute law ▪ Common law ▪ Delegate legislation  Types of laws… Statute Law ▪It is a law made by parliament. It is also called legislation. ▪Each piece of legislation is called an act of parliament. Common Law ▪Laws made by judges in court, during court hearing. ▪Statute law surpasses common law ▪Most of Ghana’s common laws were inherited from British colonialism.  Types of laws… Delegated Legislation ▪It is law made by subordinate authority such as the ministries. ▪These subordinates are given the power to make such laws by parliament through enabling Acts. ▪These delegated legislation are also called subordinate legislation. E.g. Timber Resource Management and Legality Licensing Regulations, 2017 (LI 2254)  Types of laws… B. Based on who the law affects ▪ Private ▪ Public Public Laws ▪These are laws that affect everyone in a given domain. ▪The purpose of public laws is to deal with disputes between the state, citizens and law making powers of government. ▪There are four main areas of public law:- ▪ Administrative law ▪ Constitutional law ▪ Criminal law ▪ Industrial law  Types of laws… Administrative Law ▪These are laws that deal with how government departments should work; their rights and their duties/responsibility towards citizens. Constitutional Law ▪Deals with the powers of various governments. E.g. whether government can impose certain kinds of taxes or not will be settled by constitutional law. (Refer to our videos on the constitution) Criminal Law ▪Deals with behaviours seen as damaging to society. E.g. murder, armed robbery. Industrial Law ▪Deals with employment and employees e.g. Minimum wages of employees, their performance, behaviour and work ethics, etc.  Types of laws… Private Laws ▪Laws dealing with disputes between private citizens. ▪Its purpose is to decide on disputes between individuals to ensure fair and peaceful outcomes. ▪Four main areas of private laws: ▪ Contract laws. ▪ Torts. ▪ Family laws. ▪ Property laws.  Types of laws… Contract Laws ▪Deal with agreements made between people with regards to specific transactions such as buying and selling a house, etc. Torts ▪Deal with the behaviour of people who injure others or their property. ▪A tort is a wrongful act committed against someone else -trespass, negligence or defamation. Family Laws ▪Deal with disputes arising between husband and wife, between divorced couples, between parents and children, etc. Property Laws ▪Deal with issues concerning people and their belongings - land, farms, etc.  Types of laws… C. Based on the law’s boundary of operation ▪Domestic ▪International  Types of laws… Domestic Laws ▪Laws that operate within the boundaries of a country, nation or state. ▪Its purpose is to regulate the society within the borders of a nation. Example: ▪Ghana’s 1992 Constitution ▪Wildlife Resources Management Act, 2023 (Act 1115)  Types of laws International Laws ▪Laws that go beyond the boundaries of a single nation to affect two or more nations ▪E.g. international conventions  International laws on renewable natural resources ▪ These are legal agreements or guiding rules agreed on by a group of people from different countries concerning the use and management of renewable natural resources. ▪ They are variously referred to as conventions, protocols, treaties or simply agreements. ▪ These international laws are usually formulated to deal with specific subjects. ▪ E.g. The Convention on International Trade in Endangered Species of Wild flora and fauna (CITES) was specifically formulated to deal with trading in endangered species of plants and animals. Procedure for developing international conventions ▪ Basically developed in three stages: ▪ Negotiation stage ▪ Ratification stage ▪ Operational stage Procedure for developing international conventions…  Procedure for developing international conventions… Negotiation stage ▪Here the parties concerned (representatives of different countries) discuss possible alternatives for dealing with a particular subject of interest. ▪This stage is meant to allow the parties present to come to a consensus on what should be done about the subject matter. ▪Once this is achieved, technical experts draft the text on what has been agreed on. ▪The parties at the negotiation then initial this document. At this stage, a nation can be considered as having signed the convention.  Procedure for developing international conventions… Ratification stage ▪Here the signatories to the convention present the content of the document to their countries for consideration. ▪This may require presenting the document to parliament for study and possible approval. ▪To show that the nation has formally ratified a convention, it should deposit an instrument of ratification at a designated office (depository). ▪The instrument of ratification (IOR) shows the structures the country in question would put in place in accordance with the given convention.  Procedure for developing international conventions… ▪ If a nation was not present at the initial negotiation of the convention, it could still become part of it later by accession. ▪ This is done by depositing an instrument of accession (IOA) indicating ▪ Why they were not present during negotiation ▪ Why they want to be part of it now ▪ The structures the country would put in place ▪ An office or someone is appointed to receive the instrument of ratification or instrument of accession ▪ CITES depository - US government ▪ CBD depository - UN secretary general  Procedure for developing international conventions… Operational stage ▪After receiving an agreed minimum number of IOR or IOA, a convention becomes operational. ▪Thus some conventions are documented as being signed on a certain date but comes into force on another date.  Enforcement of international conventions ▪ Even though some conventions have legal implications e.g. at the international court of justice, most conventions are not legally binding. ▪ Thus, Ghana for instance cannot be taken to court for not implementing the provisions of a convention that it has ratified. ▪ The enforcement of such convention is thus left to the use of moral pressure, which can work effectively if appropriately applied. ▪ E.g. World Bank loans tied to fulfilment of requirements of some conventions. THANK YOU