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While current efforts to increase transparency and accountability in the management of natural resources emphasize the roles and responsibilities of a broad range of actors, relatively little attention has been paid to the potential contribution of elected legislators. Yet, the three core functions of legislative bodies - representing constituent interests, making or shaping public policy, and overseeing policy implementation by executive branch agencies - are central to any effort in this area. This report is an effort to help elected political officials - particularly those in the legislative branch of government - serve as constructive leaders in improving the oversight and management of their countries' natural resources.
Oil, natural gas, and mineral deposits (“Extractive Resources”) offer the potential to generate significant financial benefits and help countries fuel their economic growth and development, employment, business opportunities, and incomes, ultimately leading to a better life for the citizens of those countries through sustained poverty reduction and inclusive growth. Leveraging these Extractive Resources to attain such beneficial outcomes requires accountability and transparency in governance. The Extractive Industries Transparency Initiative (EITI) was launched in 2002 in an effort to improve public accountability of governments. It provides a pathway to better managed Extractive Resources that benefit the people of a country. EITI is a global standard designed to improve transparency in the sector by publication of reconciled payments by companies and revenues received by governments from oil, gas, and mining exploration and production operations. It helps to promote and support improved governance, especially in resource-rich countries. This handbook builds upon an earlier publication, “Implementing EITI: Applying Early Lessons from the Field” (Darby 2008), issued by the World Bank Oil, Gas and Mining unit (SEGOM) and the EITI Multi-donor Trust Fund. Using the Extractive Industries Value Chain as an analytical tool, this handbook holistically analyzes the importance of EITI to domestic economies, governance structures, and local populations, and suggests measures to leverage its potential to ensure inclusive growth and sustainable development. The basic purpose of this handbook is to provide: • Guidance to stakeholders (including policymakers, industry, and civil society) in countries currently implementing, or seeking to implement, EITI; • Guidance on the measures required to launch and implement EITI successfully; and • Guidance to EITI implementing countries in “mainstreaming” EITI into the good-governance agenda by recommending global good-fit practices that build on the EITI standards and practices. EITI stakeholders and implementing countries will benefit greatly from this handbook
This book addresses key challenges and conflicts arising in extractive industries (mining, oil drilling) concerning the human rights of workers, their families, local communities and other stakeholders. Further, it analyses various instruments that have sought to mitigate human rights violations by defining transparency-related obligations and participation rights. These include the Extractive Industries Transparency Initiative (EITI), disclosure requirements, and free, prior and informed consent (FPIC). The book critically assesses these instruments, demonstrating that, in some cases, they produce unwanted effects. Furthermore, it highlights the importance of resistance to extractive industry projects as a response to human rights violations, and discusses how transparency, participation and resistance are interconnected.
The book provides a systematic examination of the legal, fiscal and institutional frameworks for the commercial development of petroleum and solid mineral resources in Africa. First, it considers the values, assumptions, and guiding principles underpinning legislation and governance in Africa’s extractive sector. It then provides detailed and comparative evaluations of regulatory frameworks, pricing, local content, procurement, sales, and contractual arrangements across African extractive industries. Further, the book assesses how questions of business and human rights risks, accountability, corporate social responsibility, waste and pollution control, environmental justice, and participatory development have been addressed to date, and how they could be addressed better in the future. Enhancing readers’ understanding of the geography, sources and scope of extractive resources in Africa, the book explains how corporations can effectively identify, mitigate and prevent legal and business risks when investing in African extractive industries. Lastly, it discusses the innovative legal strategies and tools needed to achieve a sustainable and rights-based extractive industry.Written in a user-friendly style, the book offers a valuable resource for corporations, investors, environmental and human rights administrators, advocates, policymakers, judges, international negotiators, government officials and consultants who advise on, or are interested in, petroleum and solid mineral investments in Africa. It also offers students and researchers an authoritative guidebook to the current state of extractive industry laws and institutions in Africa. Numerous examples of how international legal norms could be used to help revitalize the underlying legal and fiscal regimes in African extractive industries – to make them more robust, accountable, sustainable and rights-based – round out the coverage
This book argues that Sierra Leone’s ten-year civil conflict demonstrates the criticality of freedom of information (FOI) as a facet of good governance where corruption thrives, spanning both public and private sectors, if Sierra Leone’s continued security and stability are to be ensured. It argues that it was the absence of an anti-corruption tool like FOI and its attendants, transparency, and accountability, in governance generally, and in the area of the extractive industry in particular, that lead to other social phenomena which directly sparked the war. It proffers that for the continued consolidation of peace, security, stability and development in Sierra Leone, transparency and accountability must be ensured by protecting and implementing the demand driven anti-graft FOI. Straddling the disciplines of law, political science, public policy, and history, the book’s major premise is that it was the absence of FOI in the area of governance and the extractive industry, which enabled politicians, civil servants and the politically connected to ransom and exploit Sierra Leone’s mineral resources for their own profit with impunity, a state of affairs which led to underdevelopment, state collapse and an embittered civil populace especially the youth. The book postulates that as such any attempt to ensure long-term peace in Sierra Leone, should seek to avoid replicating the conditions that gave rise to that gruesome conflict- elites expropriation of national resources through endemic graft. The book proposes the comprehensive and effective implementation of the Right to Information Act 2013.
Omolade Adunbi investigates the myths behind competing claims to oil wealth in Nigeria's Niger Delta. Looking at ownership of natural resources, oil extraction practices, government control over oil resources, and discourse about oil, Adunbi shows how symbolic claims have created an "oil citizenship." He explores the ways NGOs, militant groups, and community organizers invoke an ancestral promise to defend land disputes, justify disruptive actions, or organize against oil corporations. Policies to control the abundant resources have increased contestations over wealth, transformed the relationship of people to their environment, and produced unique forms of power, governance, and belonging.
Transparency in government operations is widely regarded as an important precondition for macroeconomic fiscal sustainability, good governance, and overall fiscal rectitude. Notably, the Interim Committee, at its April and September 1996 meetings, stressed the need for greater fiscal transparency. Prompted by these concerns, this paper represents a first attempt to address many of the aspects of transparency in government operations. It provides an overview of major issues in fiscal transparency and examines the IMF's role in promoting transparency in government operations.
Oil, Gas, and Mining: A Sourcebook for Understanding the Extractive Industries provides developing countries with a technical understanding and practical options around oil, gas, and mining sector development issues. A central premise of the Sourcebook is that good technical knowledge can better inform political, economic, and social choices with respect to sector development and the related risks and opportunities. The guidance provided by the Sourcebook assumes a broad set of overarching principles, all centered on good governance and directed at achieving positive and broadly based sustainable development outcomes. This Sourcebook is rich in presenting options to challenges, on the understanding that contexts and needs vary, and that there is much to be gained from appreciating the lessons learned from a broad set of experiences.
The book discusses the failure of many African governments in providing the social needs of the masses, thereby placing the citizenry on the desperate quest for economic resources. Unfortunately, in many African States, mineral resources are owned, explored and marketed by the machinery of the state. The problem arises when the masses begin to challenge state access and ownership of resources that are domiciled within their ancestral land, communities, and constituencies. Often the challenge and resistance to state ownership of resources is generated by communal or group sense of exploitation, negligence and widespread poverty in the face of high resource endowment and waste by the government officials. Paradoxically, in Niger Delta of Nigeria, as discussed in the book, the state has unleashed unlimited might upon all social groups and agitators, thereby leading to the increased act of taking arms by such groups. When the informal resource agitators succeed in arming themselves, they begin to demand social and environmental justice, thereby leading to mass armed conflict between them and the government security agencies. Sometimes, the confrontation could be between them and other rival local resource actors in the informal sector of their country’s economy bearing in mind that the resources within their jurisdiction have become the central determinant of national commonwealth. It is at that state of desperado to control access, extraction and sale of natural resources in a State, by different armed groups that the process of natural resources extraction qualifies as the most visible cause of conflicts and crises around the African continent that is the centrepiece of the book. This is quite understandable given that mineral resource is a gift of nature; and nature is that phenomenon that every human, group and nation claim to represent, or, believe to represent them.
This book examines the contemporary and contentious question of the critical connections between business and human rights, and the implementation of socially responsible norms in developing countries, with particular reference to Kenya, Nigeria, and South Africa. Business enterprises and transnational corporate actors operate in a complex global environment, especially when operating in high risks sectors such as oil and gas, mining, construction, banking, and health care amongst others. Understanding human rights responsibilities, impacts, and socially responsible behaviour for companies is therefore an essential component of corporate risk management in our current world. The release of the United Nations Guiding Principles on Business and Human Rights, an instrument consisting of 31 principles on this issue, has further underscored the emergence of a rapidly developing set of international law norms on human rights responsibilities of businesses and transnational corporations. It has also shaped the discourse on corporate accountability for human rights. In addition to minimizing litigation, financial and reputational risks, understanding and demonstrating corporate respect for human rights is vital to building a culture of trust and integrity amongst local communities, investors, and shareholders. While Africa has been at the receiving end of deleterious activities of corporate actors, it has failed to address corporate impunity and human rights violations by non-state actors. Questions abound revolving around the underpinnings of a corporate responsibility to respect human rights, that is, how non-western and particularly African conceptions of respect may help develop a beyond do no net harm approach to respect; policy discourses on human rights due diligence, human rights impact assessment; mandating corporate respect for human rights in both domestic and international law. This book examines, clarifies, and unpacks the guiding principles of a rights-based approach to development and social inclusion. It offers an excellent exposition of regulatory capacity, institutional efficacy, and democratic legitimacy of governance institutions that shape development including a comprehensive analysis of how states are shaping business and human rights discourses locally to develop a critical understanding of identified issues by exploring the latest theories through comparative lenses.