If done right, investment can bring jobs, food, development and services to affected populations.
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South Sudan Law Society - Handbook on Community Engagement 2012
To deliver on their promises of sustainable development and rural poverty alleviation, land investments must meet
and surpass certain minimum standards. The following ive guiding principles, drawn from participant contribu-
tions during roundtable discussions and a review of the existing literature on community engagement, are indis-
pensible elements of responsible investment in South Sudan.
Principle One: Be transparent.
The timely and accurate disclosure of information associated
with investment
agreements is
a constitutionally protected right in South Sudan. According
to the 2011 Transitional Constitution: “Every citizen has the right of access to oficial
information and records… except where the release of such information is likely to prejudice public security or
the right to privacy of any other person.”
16
In order to give meaning to this right, project proponents
16
Transitional Constitution of the Republic of South Sudan RSS, pt. 2, § 32 [hereinafter Transitional Constitution].
must adopt a presumption in favor of disclosure, whereby they pledge to make information associated
with investments publicly available unless there is a compelling reason to do otherwise. Feasibility
studies, environmental and social impact assessments, memorandums of understanding MOUs, investment
agreements, contracts, and leases must be kept in easily accessible locations at the central, state, and local
levels. The information must be open to public review and procedures for accessing it should be publicized in
affected communities. From transparency lows accountability. When the public
has access to information about how investments are structured, it leads to stronger relationships between
companies and their stakeholders and more sustainable investments. It also becomes easier for negatively
impacted individuals and groups to assert their rights. A degree of information iltering may be appropriate in
certain circumstances, such as when disclosure would violate personal privacy or introduce security risks, but
withholding basic information about the investment
1.2 GUIDING PRINCIPLES
The Rewards of Responsible Investment
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South Sudan Law Society - Handbook on Community Engagement 2012
Principle Three: Strive for maximum inclusivity.
To limit the damage that a non-inclusive approach to community engagement can have on internal community
relations, companies and host communities should ensure the meaningful participation of all affected groups,
including internally displaced persons IDPs and minority ethnic groups. Women’s participation is especially
important. Many South Sudanese communities severely restrict women’s participation in public life; some even
bar women from owning land. When companies prioritize engagement with adult men, they reinforce these
chauvinist attitudes. They also lose access to important reservoirs of local knowledge. Marginalized groups
experience impacts from investment projects differently than others, and their input is crucial to a company’s
understanding of how its business is impacting upon the local environment.
Companies and affec- ted communities have
a variety of tools at their disposal to promote
the involvement
of marginalized groups in
investment decision-
making. Stakeholder
analysis and
social assessments can help companies to identify those
groups that do not have a strong voice in political decisions. Community mapping can help to show how
different groups rely differently on community resources. Companies and communities should be sensitive to
these differences when designing and implementing community engagement processes. They should
disaggregate economic and social data so that they can measure impacts across different social groups.
They may also consider holding different meetings with different groups and establishing quotas for women’s
participation. This can help to create a setting where different groups are comfortable speaking frankly about
the investment. In addition to intra-community inclusivity, companies and
affected communities should also ensure inter-community inclusivity. They should engage with all communities that
does not serve the company’s interest. Dis-
closing issues relating to lease terms, the
land area being leased, the intended business
activities, the number of jobs that will be
created, and the terms of employment are all
indispensible to informed decision-making on the part of affected individuals and groups. Some sensitive issues,
such as the process by which land was acquired or a company’s plans for resettlement, can even introduce
risks if not properly disclosed. In these circumstances, prompt disclosure can help to prevent misinterpretations
and lessen social risk.
Principle Two: Start engaging early.
Companies that engage with communities from the earliest stages of the project set a good tone for the
relationship from the very start. By engaging communities in the design and planning of investments, companies can
avoid the misunderstandings that arise when communities are not well informed about the nature of the investment
and the process through which it will be negotiated. This makes it easier for companies to secure the community’s
consent and increases the likelihood of mutual
beneits for all parties involved.
Companies often delay engagement with af-
fected communities out of a fear of not having all the answers or unjustiiably raising their expectations. How-
ever, in all likelihood, the com-munity’s expectations will have already been raised, and engaging people from the
very start can help to ensure that their expectations remain realistic. Companies can also inform communi-
ties that they do not yet have all the answers and that when the relevant information becomes available they
will inform the community. If, on the other hand, the com- pany waits until a problem occurs to begin engaging host
populations, then it won’t have channels of communica- tion with which to manage the situation.
Project proponents must adopt a presumption in favor
of disclosure whereby they pledge to make information
associated with investments publicly available unless there
is a compelling reason to do otherwise.
Companies that engage with communities from the earliest
stages of the project set a good tone for the relationship
from the very start. To limit the damage that a
lopsided approach to community engagement can
have on internal community relations, community
engagement should be as inclusive as possible.
