*NEW PUBLICATION: LEGAL REMEDIES FOR THE RESOURCE CURSE*
/A Digest of Experience in Using Law to Combat Natural Resource Corruption/

/*New York, September 6, 2005*/—The Justice Initiative today released a 
report assessing the availability of legal remedies for addressing 
corrupt practices in the natural resource industries. Legal Remedies for 
the Resource Curse is a digest of practical experience in using law to 
combat corruption across jurisdictions.

When resource extraction companies can obtain oil, diamonds, gold, 
coltan, timber, and other natural resources through covert contacts with 
unaccountable government officials, the losers are the people in the 
communities where the wealth originates. The power of corrupt 
governments frequently derives from monopoly access to natural wealth, 
bolstered by foreign government and industry allies. Local populations 
suffer the effects of the “resource curse,” including the destruction of 
their immediate environment and the social and economic devastation that 
follows: arbitrary eviction and dispossession, unlawful arrest or 
harassment, and neglect of health care, housing, and education.

This report reviews some of the main legal instruments used to date to 
combat natural resource corruption—as well as new, untested legal 
remedies that appear promising. Focusing on resource spoliation in 
Africa, it provides case studies to demonstrate what has and has not 
worked. The report treats the “home countries” of resource extraction 
companies separately from the “host countries” where they operate. It 
looks at both criminal and civil means of redress. Although corruption 
in transnational resource extraction is generally subject to inadequate 
legal safeguards, the report identifies opportunities for civil society 
action.

To date, public interest lawyers have focused primarily on human rights 
violations and environmental damage associated with the extractive 
industries. Legal responses to corrupt practice itself remain relatively 
rare, despite the fact that spoliation can occur independently of human 
rights or environmental abuse, and often underlies these broader 
problems where they occur. The establishment of a legal environment that 
renders the theft of public assets, bribery, and money laundering 
impossible, or at least unprofitable, would be a significant step toward 
ending resource spoliation, and diminishing the human rights and 
environmental violations that accompany it.

/Legal Remedies for the Resource Curse/ is available to download on the 
Justice Initiative website: www.justiceinitiative.org 
<http://www.justiceinitiative.org>. For a hard copy, please send your 
postal address to [EMAIL PROTECTED] 
<mailto:[EMAIL PROTECTED]>.

___________________

/The Open Society Justice Initiative, an operational program of the Open 
Society Institute (OSI), pursues law reform activities grounded in the 
protection of human rights, and contributes to the development of legal 
capacity for open societies worldwide. The Justice Initiative combines 
litigation, legal advocacy, technical assistance, and the dissemination 
of knowledge to secure advances in five priority areas: national 
criminal justice, international justice, freedom of information and 
expression, equality and citizenship, and anticorruption. Its offices 
are in Abuja, Budapest, and New York./

www.justiceinitiative.org <http://www.justiceinitiative.org/>








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