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Artisanal and small-scale mining as an extralegal economy: De Soto and the redefinition of "formalization"

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  • Siegel, Shefa
  • Veiga, Marcello M.

Abstract

This paper addresses the role of formalization in artisanal and small-scale mining (ASM) in sub-Saharan Africa, focusing specifically on Uganda. Most ASM activity occurs outside mainstream legal economies, occupying a hazy world of informal, yet essential, economic activity. There is an emerging consensus that formalization must be part of any strategy to develop the ASM sector. However, the meaning of formalization is not always clear; nor how formalization contributes to economic development. While formalization can be defined in a number of ways, it is argued here that formalizing ASM should be understood in the context of Hernando De Soto's theory of "extralegality". In this framework, formalization is the means of absorbing existing customary practices--developed informally by miners--into the mainstream of a country's legal and economic affairs. This concept of formalization is applied to the case of Uganda, where, despite official formalization policies on the books, ASM continues to operate outside the formal economy. It is argued that to make formalization work, miners must also be "capitalized" in ways that permit them to move from transient artisanal mining, to more sustainable small- and medium-scale mining. International development organizations can help to facilitate the transition of ASM from an extralegal to a legal economy by creating revolving loan funds, and helping to carry the risk of lending money to miners.

Suggested Citation

  • Siegel, Shefa & Veiga, Marcello M., 2009. "Artisanal and small-scale mining as an extralegal economy: De Soto and the redefinition of "formalization"," Resources Policy, Elsevier, vol. 34(1-2), pages 51-56.
  • Handle: RePEc:eee:jrpoli:v:34:y:2009:i:1-2:p:51-56
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    References listed on IDEAS

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    1. Mohammed Banchirigah, Sadia, 2006. "How have reforms fuelled the expansion of artisanal mining? Evidence from sub-Saharan Africa," Resources Policy, Elsevier, vol. 31(3), pages 165-171, September.
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    Cited by:

    1. Boris Verbrugge, 2015. "The Economic Logic of Persistent Informality: Artisanal and Small-Scale Mining in the Southern Philippines," Development and Change, International Institute of Social Studies, vol. 46(5), pages 1023-1046, September.
    2. Verbrugge, Boris & Besmanos, Beverly, 2016. "Formalizing artisanal and small-scale mining: Whither the workforce?," Resources Policy, Elsevier, vol. 47(C), pages 134-141.
    3. Tschakert, Petra, 2016. "Shifting Discourses of Vilification and the Taming of Unruly Mining Landscapes in Ghana," World Development, Elsevier, vol. 86(C), pages 123-132.
    4. Hilson, Gavin, 2014. "The extractive industries and development in sub-Saharan Africa: An introduction," Resources Policy, Elsevier, vol. 40(C), pages 1-3.
    5. repec:gam:jsusta:v:10:y:2018:i:5:p:1429-:d:144584 is not listed on IDEAS
    6. repec:spr:minecn:v:30:y:2017:i:2:d:10.1007_s13563-017-0107-x is not listed on IDEAS
    7. Milanez, Bruno & Puppim de Oliveira, Jose Antonio, 2013. "Innovation for sustainable development in artisanal mining: Advances in a cluster of opal mining in Brazil," Resources Policy, Elsevier, vol. 38(4), pages 427-434.
    8. repec:eee:jrpoli:v:53:y:2017:i:c:p:356-368 is not listed on IDEAS
    9. Smith, Nicole M. & Smith, Jessica M. & John, Zira Q. & Teschner, Benjamin A., 2017. "Promises and perceptions in the Guianas: The making of an artisanal and small-scale mining reserve," Resources Policy, Elsevier, vol. 51(C), pages 49-56.
    10. Geenen, Sara, 2012. "A dangerous bet: The challenges of formalizing artisanal mining in the Democratic Republic of Congo," Resources Policy, Elsevier, vol. 37(3), pages 322-330.
    11. Geenen, Sara, 2014. "Dispossession, displacement and resistance: Artisanal miners in a gold concession in South-Kivu, Democratic Republic of Congo," Resources Policy, Elsevier, vol. 40(C), pages 90-99.
    12. Spiegel, Samuel J., 2012. "Governance Institutions, Resource Rights Regimes, and the Informal Mining Sector: Regulatory Complexities in Indonesia," World Development, Elsevier, vol. 40(1), pages 189-205.
    13. Fritz, Morgane M.C. & Maxson, Peter A. & Baumgartner, Rupert J., 2016. "The mercury supply chain, stakeholders and their responsibilities in the quest for mercury-free gold," Resources Policy, Elsevier, vol. 50(C), pages 177-192.

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