This document summarizes discussions from the PWYP Asia Pacific Regional Meeting on improving transparency and accountability in the extractive industries. The following key points are made:
1) Mandatory disclosure policies are needed to improve data availability for civil society in countries like Australia. PWYP Australia advocates for such policies, and one political party now supports them.
2) In Indonesia, EITI implementation has improved transparency but needs to contribute more to policy reform. Commodity trading also needs more transparency given scandals like Petral.
3) In the Philippines, open contracting initiatives like EITI and a contracts portal have increased transparency but face challenges of incomplete data and limited community engagement.
Impact of the sacco societies regulatory authority (sasra)Alexander Decker
The document discusses the impact of the Sacco Societies Regulatory Authority (SASRA) legislation on corporate governance in co-operatives in Kenya. Some key findings of the study discussed in the document include:
1) The SASRA legislation has influenced corporate governance to a great extent by strengthening financial reporting, accountability, and internal controls, though there is still room for improvement.
2) Training on SASRA financial requirements has been provided to most SACCO employees, but gender disparity still exists among top management and board members of SACCOs.
3) The majority of respondents believe that SASRA provisions have improved various aspects of SACCO corporate governance to a great extent, such as
Business case for Anticorruption in IndiaGlobalCompact
This document provides an overview of a publication on business case for anticorruption in India. It discusses collective action projects undertaken in India to address corruption. It notes that corruption results in significant economic losses in India annually. The publication covers initiatives to promote ethical corporate governance, procurement transparency, challenges faced by small businesses, and case studies of companies implementing anticorruption measures. It aims to make a case for businesses to proactively address corruption.
Issues in saccos development in kenya and tanzania the historical and develop...Alexander Decker
This document discusses the historical development and current state of Savings and Credit Co-operative Societies (SACCOS) in Kenya and Tanzania. It notes that SACCOS have grown rapidly in both countries and now contribute significantly to GDP. In Kenya, SACCOS contribute over 45% to GDP and over half the population relies on the cooperative sector. Tanzania sees 40% GDP contribution and 94.7% of school graduates employed through SMEs financed by cooperatives. However, both countries' SACCOS face constraints like a lack of trained staff and clear administrative frameworks. The document recommends governments support SACCOS to help finance small businesses.
This document discusses different types of business undertakings in India, including public sector enterprises. It describes the characteristics and forms of public sector enterprises, which include departmental undertakings, public corporations, and government companies. The roles, merits and demerits of each form are summarized. Additionally, the document discusses the changing role of public sector enterprises in India with economic reforms and the need to reform loss-making public sector units.
Eluding sanction related risks through enhanced complianceGlobalCompact
This document discusses enhancing corporate compliance programs to avoid sanctions from multilateral development banks (MDBs) for corruption. It outlines sanctionable practices like bribery, fraud, collusion that occur in development projects. MDBs are increasing enforcement by identifying risks through data analytics. An effective compliance program with elements like risk assessment, policies, training, and monitoring can help companies mitigate sanction risks. The document provides steps to implement compliance programs and services the assistant can provide.
This document discusses privatization and its various aspects. It defines privatization as transferring public services to private sector control. There are several reasons for privatization including rising costs for government and private sector efficiency. Various modes of privatization are outlined, including contracting out services, public-private partnerships, and franchising. The roles of government regulation and public administration in privatization are also examined. Issues that can arise with privatization in the Philippines include job losses, pricing concerns, and political pressures.
The document discusses the history and development of the information technology (IT) industry in India. It notes that the opening of the Indian economy in the 1990s allowed the domestic IT industry to grow and compete with foreign giants like IBM. It traces the emergence of IT outsourcing and business process outsourcing (BPO) during this period. The role of the government in developing IT is also examined, along with trends in the growing BPO sector and problems faced by the IT industry like stifling innovation. The document argues that privatization is necessary to improve the performance of industries compared to government-run organizations.
Impact of the sacco societies regulatory authority (sasra)Alexander Decker
The document discusses the impact of the Sacco Societies Regulatory Authority (SASRA) legislation on corporate governance in co-operatives in Kenya. Some key findings of the study discussed in the document include:
1) The SASRA legislation has influenced corporate governance to a great extent by strengthening financial reporting, accountability, and internal controls, though there is still room for improvement.
2) Training on SASRA financial requirements has been provided to most SACCO employees, but gender disparity still exists among top management and board members of SACCOs.
3) The majority of respondents believe that SASRA provisions have improved various aspects of SACCO corporate governance to a great extent, such as
Business case for Anticorruption in IndiaGlobalCompact
This document provides an overview of a publication on business case for anticorruption in India. It discusses collective action projects undertaken in India to address corruption. It notes that corruption results in significant economic losses in India annually. The publication covers initiatives to promote ethical corporate governance, procurement transparency, challenges faced by small businesses, and case studies of companies implementing anticorruption measures. It aims to make a case for businesses to proactively address corruption.
Issues in saccos development in kenya and tanzania the historical and develop...Alexander Decker
This document discusses the historical development and current state of Savings and Credit Co-operative Societies (SACCOS) in Kenya and Tanzania. It notes that SACCOS have grown rapidly in both countries and now contribute significantly to GDP. In Kenya, SACCOS contribute over 45% to GDP and over half the population relies on the cooperative sector. Tanzania sees 40% GDP contribution and 94.7% of school graduates employed through SMEs financed by cooperatives. However, both countries' SACCOS face constraints like a lack of trained staff and clear administrative frameworks. The document recommends governments support SACCOS to help finance small businesses.
This document discusses different types of business undertakings in India, including public sector enterprises. It describes the characteristics and forms of public sector enterprises, which include departmental undertakings, public corporations, and government companies. The roles, merits and demerits of each form are summarized. Additionally, the document discusses the changing role of public sector enterprises in India with economic reforms and the need to reform loss-making public sector units.
Eluding sanction related risks through enhanced complianceGlobalCompact
This document discusses enhancing corporate compliance programs to avoid sanctions from multilateral development banks (MDBs) for corruption. It outlines sanctionable practices like bribery, fraud, collusion that occur in development projects. MDBs are increasing enforcement by identifying risks through data analytics. An effective compliance program with elements like risk assessment, policies, training, and monitoring can help companies mitigate sanction risks. The document provides steps to implement compliance programs and services the assistant can provide.
This document discusses privatization and its various aspects. It defines privatization as transferring public services to private sector control. There are several reasons for privatization including rising costs for government and private sector efficiency. Various modes of privatization are outlined, including contracting out services, public-private partnerships, and franchising. The roles of government regulation and public administration in privatization are also examined. Issues that can arise with privatization in the Philippines include job losses, pricing concerns, and political pressures.
The document discusses the history and development of the information technology (IT) industry in India. It notes that the opening of the Indian economy in the 1990s allowed the domestic IT industry to grow and compete with foreign giants like IBM. It traces the emergence of IT outsourcing and business process outsourcing (BPO) during this period. The role of the government in developing IT is also examined, along with trends in the growing BPO sector and problems faced by the IT industry like stifling innovation. The document argues that privatization is necessary to improve the performance of industries compared to government-run organizations.
Msme overview for finance, subsidy & project related support contact - 9861...Radha Krishna Sahoo
India's GDP in 2008-09 was $1.10 trillion with per capita GDP of $830. The majority of employment was in agriculture and services. MSMEs made up a large portion of the economy, with 26.1 million enterprises employing 59.7 million people. Government policies aimed to support MSMEs through credit schemes, technology development, and reducing regulations over time to boost competitiveness.
INDIA CEO FORUM ON BUSINESS AND HUMAN RIGHTS, February 13, 2012GlobalCompact
The India CEO Forum on Business and Human Rights is a two year initiative that will exist to advance human rights in a business context among Indian industry at home and abroad, and so establish India as a global leader in this critical and valuable area of responsible business. Such leadership will, I believe, increase our competitive edge globally and strengthen the relationship between corporations and the most vulnerable and marginalized here in India. The objective is to create Indian enterprises and markets that are based firmly on respect and true dignity for all – a bold but necessary vision if we are to fully
realize our country’s potential.
Role of Public Policies and Public Institutions in Market Economy discusses the role of public policies and institutions in supporting India's transition to a market economy since 1991 economic reforms. Key points include:
- Economic reforms aimed to make India more efficient, productive and globally competitive through liberalization, privatization and globalization.
- Both well-functioning markets and a well-governed state are needed for high growth. The government's role is to correct market failures and strengthen institutions.
- Significant progress has been made in developing institutions like regulatory bodies and amending outdated laws, though challenges remain around land and labor market reforms.
- Reforms have increased growth, reduced poverty, and improved social sector
This document discusses public economic enterprises (PEEs) owned by local governments that provide services to meet public demand. Common PEEs include public markets, slaughterhouses, bus terminals, and waterworks. PEEs receive funding from government budgets and aim to contribute to poverty reduction by equitably providing services, generating profits, and attracting investors. However, many PEEs operate at a loss, require subsidies, and offer poor quality services. Effective management of PEEs in accordance with business plans could help address issues and better support local economic development and public services.
Conference Report | Business Case for Anti-Corruption: Call For Collective Ac...GlobalCompact
The document outlines the agenda for an international conference on the business case for anti-corruption in India organized by the Global Compact Network India (GCNI).
The conference included welcome addresses, keynote speeches, panel discussions on collective action projects and anti-corruption efforts in India. Panel topics included the business case for transparency in procurement, value chains and supplier codes of conduct. It aimed to showcase the impact of GCNI's anti-corruption collective action project and facilitate dialogue on pressing corruption issues in India. Over 150 people from public and private sectors participated in the event.
The document discusses the state of business development services (BDS) for micro-enterprises owned by poor people in India. It notes that current policies do not adequately support micro-enterprises and that BDS is critical but underdeveloped. Government delivery of BDS faces challenges around bureaucracy and inappropriate targeting, while private BDS markets are nearly nonexistent in rural areas. There is a need to develop demand-driven BDS models through grants, subsidies, and public-private partnerships to strengthen micro-enterprises and support livelihoods.
This document summarizes a study on the impact of microfinance programs in Ethiopia's Amhara region. It provides background on poverty in Ethiopia and the government's strategy of promoting rural finance. It then describes the Amhara Credit and Savings Institution (ACSI), the largest microfinance institution operating in Amhara. While ACSI has expanded services reaching over 550,000 clients, the study aims to evaluate its impact using a conceptual framework that analyzes microenterprises as part of household economic portfolios. Both quantitative and qualitative research was conducted comparing over 1,600 clients and non-clients to understand the program's impact on areas like food security, health, education, and empowerment. Preliminary findings suggest positive
The 9th National Convention of the Global Compact Network India was held in New Delhi to discuss transformational leadership and sustainability. It included the launch of the UN Global Compact-Accenture CEO Study on Sustainability 2013, which surveyed CEOs from 27 industries in 103 countries. Key findings were that CEOs see customers and sustainability as important, but developing country CEOs face more challenges around basic facilities. The convention featured addresses by business and government leaders who emphasized the need for collaborative action and leadership to address social, economic, and environmental challenges and make sustainability a business priority and opportunity. Sessions explored strategies for embedding sustainability, leveraging CSR programs, and public-private partnerships.
India Consultation on Sustainable Agriculture Business Principles (SABPs)GlobalCompact
The consultation in India provided feedback on the Sustainable Agriculture Business Principles (SABPs) in the white paper. Participants endorsed the need for sustainable intensification but had differing views on priority outcomes and factors. Specific feedback emerged around ensuring the perspective of small farmers is incorporated in the principles. While some principles and factors were well articulated, others needed better articulation of concerns and actions. Participants also emphasized strengthening agricultural institutions and financing in India.
This document announces a case study competition organized by the UN Global Compact Network India (UN GCNI) on sustainable development goals (SDGs). The competition seeks case studies from organizations illustrating how they incorporate SDGs into business practices to create value. The top three selected case studies will be recognized with awards and invited to present at UN GCNI's 12th National Convention on April 28, 2017. Eligible organizations are those implementing CSR and sustainability initiatives aligned with one or more UN SDGs. Case studies will be evaluated based on criteria like leadership, innovation, and value creation demonstrated in meeting SDGs. The deadline to submit case studies is April 9, 2017.
This document analyzes corruption and fraud in the private sector in India. It begins with an introduction to corruption and fraud, explaining their definitions and how they relate. It then discusses corruption and fraud specifically in corporate India, presenting research data and analysis on the types and costs of such misconduct. The document highlights perspectives from stakeholders on private sector fraud in India and the mechanics and challenges of detecting and preventing corruption and fraud. It concludes by providing good practices for maintaining ethical behavior and eradicating corporate misconduct.
Privatization of Public Services in the PhilippinesRegi Jan Vilches
The document discusses privatization of public services in the Philippines. It begins by defining public enterprises and noting that the 1973 constitution allows the state to establish industries and transfer utilities to public ownership. Privatization occurs when a government agency providing public services is converted to private ownership. Privatization can take the form of asset divesture, contracting out services, franchises, or public-private partnerships. The schemes of privatization include build-operate-transfer, rehabilitate-operate-transfer, and build-transfer-operate models. Reasons for privatization include reducing government involvement in commercial activities, increasing efficiency, providing competition, and addressing limited government capacity. Major privatized enterprises in the Philippines include PLDT, MW
Social Enterprise Policy Toolkit PakistanAhad Nazir
The Social Enterprise Policy Toolkit is a summary of our initial work the Issue Paper: Social Enterprise Development in Pakistan. The policy toolkit provides guidance to policy makers on the various aspects of Social Enterprise policy.
Concept can be seen in this video: https://www.sdpi.tv/show.php?cat=ssd&id=985
1) Kajang Municipality intends to redevelop a stadium into an innovative research park but lacks funds. Privatization is proposed as a solution.
2) Privatization involves transferring a public project to private ownership, bringing faster development at lower cost through competition.
3) The proposal suggests public-private partnership models where both sectors share responsibility and benefits, such as the private sector funding, building, and operating the research park while the municipality monitors the project.
The document discusses the informal sector workforce in India, which makes up over 90% of the country's total workforce. It outlines several problems faced by informal workers, including low wages, lack of job security, health hazards, and lack of bargaining power due to not being organized into unions.
The document then proposes several solutions to improve conditions for informal workers, including establishing organized markets and shops for hawkers, electing labor unions for unorganized industrial workers, and launching a national program called Karyodaya Jan Abhiyan to register all informal workers in computerized databases. This would allow workers to access benefits like compensation, government funds, and loans.
Private companies would be contracted to implement the program and
This document provides an overview of the Extractive Industries Transparency Initiative (EITI). It discusses how EITI emerged to address issues of corruption and lack of transparency related to revenues from natural resource extraction. The document outlines the key principles of EITI, including requiring extractive companies to publicly disclose their payments to governments and for governments to disclose revenues received. It also discusses stakeholders involved in EITI and provides details on Ghana's involvement with EITI.
Indonesia, a nation used to limiting the free flw of has now reached theera of openness. The Public Information Disclosure Law was regulatedin 2008 and since then, Indonesian citizens are guaranteed access to public information, including information that used to be locked away. Furthermore, Indonesia has adopted a global initiative to improve transparency and accountability within extractive industries (oil, gas, and mining) - that by nature is used to closed and full with secrecy-, the Extractive Industries Transparency Initiative (EITI). Recently, the EITI has increased its standard which require implementing country to provide accessible, usable, and machine readable data of the report. Also, given participation of Indonesia in Open Government Partnership (OGP), there are progressing moves from various sectors and level of government and many stakeholder to continually promote, provide and support Transforming Extractive Industry through Open Data implementation of open data: in public service delivery, economic and trade, politic and democracy, as well as extractive sector.
PH-EITI Media Training Overview of Extractive Industries in Cebu for Seminar - Workshop and Media Fellowship on Covering the Extractive Industries: Digging Out Stories that Matter
This document summarizes various donor approaches to extractive industries management. It discusses how donors have increasingly supported multi-stakeholder initiatives like the Extractive Industries Transparency Initiative (EITI). EITI aims to increase transparency around payments from oil, gas and mining companies to governments. The document also outlines individual donor strategies, noting that the World Bank provides the most funding and that governance and institutional capacity building are common priorities. It concludes by recommending donors strengthen regulatory frameworks, capacity, transparency and inclusive decision-making regarding extractive projects.
The need for contract (and licensing documents) openness in the extractive industries is currently getting stronger, along with public demands for a transparent and accountable extractive industry governance. Some cases have shown a good precedent of contract openness in the said sector in Indonesia
STRENGTHENING ETHICAL CORPORATE GOVERNANCE IN OIL, GAS AND PETROCHEMICAL SECT...GlobalCompact
The document summarizes the proceedings of a consultation event on strengthening ethical corporate governance in the oil, gas, and petrochemical sectors in India. It provides background on initiatives by the Global Compact Network India related to anti-corruption. It then summarizes the welcome session, which included remarks by representatives of the UN Global Compact and British High Commission on the costs of corruption. It also discusses the launch of a white paper on ethical corporate governance and keynote speeches by the CEO of Petronet LNG and Director General of Petrotech on bringing transparency to decision making and prioritizing ethical conduct.
Msme overview for finance, subsidy & project related support contact - 9861...Radha Krishna Sahoo
India's GDP in 2008-09 was $1.10 trillion with per capita GDP of $830. The majority of employment was in agriculture and services. MSMEs made up a large portion of the economy, with 26.1 million enterprises employing 59.7 million people. Government policies aimed to support MSMEs through credit schemes, technology development, and reducing regulations over time to boost competitiveness.
INDIA CEO FORUM ON BUSINESS AND HUMAN RIGHTS, February 13, 2012GlobalCompact
The India CEO Forum on Business and Human Rights is a two year initiative that will exist to advance human rights in a business context among Indian industry at home and abroad, and so establish India as a global leader in this critical and valuable area of responsible business. Such leadership will, I believe, increase our competitive edge globally and strengthen the relationship between corporations and the most vulnerable and marginalized here in India. The objective is to create Indian enterprises and markets that are based firmly on respect and true dignity for all – a bold but necessary vision if we are to fully
realize our country’s potential.
Role of Public Policies and Public Institutions in Market Economy discusses the role of public policies and institutions in supporting India's transition to a market economy since 1991 economic reforms. Key points include:
- Economic reforms aimed to make India more efficient, productive and globally competitive through liberalization, privatization and globalization.
- Both well-functioning markets and a well-governed state are needed for high growth. The government's role is to correct market failures and strengthen institutions.
- Significant progress has been made in developing institutions like regulatory bodies and amending outdated laws, though challenges remain around land and labor market reforms.
- Reforms have increased growth, reduced poverty, and improved social sector
This document discusses public economic enterprises (PEEs) owned by local governments that provide services to meet public demand. Common PEEs include public markets, slaughterhouses, bus terminals, and waterworks. PEEs receive funding from government budgets and aim to contribute to poverty reduction by equitably providing services, generating profits, and attracting investors. However, many PEEs operate at a loss, require subsidies, and offer poor quality services. Effective management of PEEs in accordance with business plans could help address issues and better support local economic development and public services.
Conference Report | Business Case for Anti-Corruption: Call For Collective Ac...GlobalCompact
The document outlines the agenda for an international conference on the business case for anti-corruption in India organized by the Global Compact Network India (GCNI).
The conference included welcome addresses, keynote speeches, panel discussions on collective action projects and anti-corruption efforts in India. Panel topics included the business case for transparency in procurement, value chains and supplier codes of conduct. It aimed to showcase the impact of GCNI's anti-corruption collective action project and facilitate dialogue on pressing corruption issues in India. Over 150 people from public and private sectors participated in the event.
The document discusses the state of business development services (BDS) for micro-enterprises owned by poor people in India. It notes that current policies do not adequately support micro-enterprises and that BDS is critical but underdeveloped. Government delivery of BDS faces challenges around bureaucracy and inappropriate targeting, while private BDS markets are nearly nonexistent in rural areas. There is a need to develop demand-driven BDS models through grants, subsidies, and public-private partnerships to strengthen micro-enterprises and support livelihoods.
This document summarizes a study on the impact of microfinance programs in Ethiopia's Amhara region. It provides background on poverty in Ethiopia and the government's strategy of promoting rural finance. It then describes the Amhara Credit and Savings Institution (ACSI), the largest microfinance institution operating in Amhara. While ACSI has expanded services reaching over 550,000 clients, the study aims to evaluate its impact using a conceptual framework that analyzes microenterprises as part of household economic portfolios. Both quantitative and qualitative research was conducted comparing over 1,600 clients and non-clients to understand the program's impact on areas like food security, health, education, and empowerment. Preliminary findings suggest positive
The 9th National Convention of the Global Compact Network India was held in New Delhi to discuss transformational leadership and sustainability. It included the launch of the UN Global Compact-Accenture CEO Study on Sustainability 2013, which surveyed CEOs from 27 industries in 103 countries. Key findings were that CEOs see customers and sustainability as important, but developing country CEOs face more challenges around basic facilities. The convention featured addresses by business and government leaders who emphasized the need for collaborative action and leadership to address social, economic, and environmental challenges and make sustainability a business priority and opportunity. Sessions explored strategies for embedding sustainability, leveraging CSR programs, and public-private partnerships.
India Consultation on Sustainable Agriculture Business Principles (SABPs)GlobalCompact
The consultation in India provided feedback on the Sustainable Agriculture Business Principles (SABPs) in the white paper. Participants endorsed the need for sustainable intensification but had differing views on priority outcomes and factors. Specific feedback emerged around ensuring the perspective of small farmers is incorporated in the principles. While some principles and factors were well articulated, others needed better articulation of concerns and actions. Participants also emphasized strengthening agricultural institutions and financing in India.
This document announces a case study competition organized by the UN Global Compact Network India (UN GCNI) on sustainable development goals (SDGs). The competition seeks case studies from organizations illustrating how they incorporate SDGs into business practices to create value. The top three selected case studies will be recognized with awards and invited to present at UN GCNI's 12th National Convention on April 28, 2017. Eligible organizations are those implementing CSR and sustainability initiatives aligned with one or more UN SDGs. Case studies will be evaluated based on criteria like leadership, innovation, and value creation demonstrated in meeting SDGs. The deadline to submit case studies is April 9, 2017.
This document analyzes corruption and fraud in the private sector in India. It begins with an introduction to corruption and fraud, explaining their definitions and how they relate. It then discusses corruption and fraud specifically in corporate India, presenting research data and analysis on the types and costs of such misconduct. The document highlights perspectives from stakeholders on private sector fraud in India and the mechanics and challenges of detecting and preventing corruption and fraud. It concludes by providing good practices for maintaining ethical behavior and eradicating corporate misconduct.
Privatization of Public Services in the PhilippinesRegi Jan Vilches
The document discusses privatization of public services in the Philippines. It begins by defining public enterprises and noting that the 1973 constitution allows the state to establish industries and transfer utilities to public ownership. Privatization occurs when a government agency providing public services is converted to private ownership. Privatization can take the form of asset divesture, contracting out services, franchises, or public-private partnerships. The schemes of privatization include build-operate-transfer, rehabilitate-operate-transfer, and build-transfer-operate models. Reasons for privatization include reducing government involvement in commercial activities, increasing efficiency, providing competition, and addressing limited government capacity. Major privatized enterprises in the Philippines include PLDT, MW
Social Enterprise Policy Toolkit PakistanAhad Nazir
The Social Enterprise Policy Toolkit is a summary of our initial work the Issue Paper: Social Enterprise Development in Pakistan. The policy toolkit provides guidance to policy makers on the various aspects of Social Enterprise policy.
Concept can be seen in this video: https://www.sdpi.tv/show.php?cat=ssd&id=985
1) Kajang Municipality intends to redevelop a stadium into an innovative research park but lacks funds. Privatization is proposed as a solution.
2) Privatization involves transferring a public project to private ownership, bringing faster development at lower cost through competition.
3) The proposal suggests public-private partnership models where both sectors share responsibility and benefits, such as the private sector funding, building, and operating the research park while the municipality monitors the project.
The document discusses the informal sector workforce in India, which makes up over 90% of the country's total workforce. It outlines several problems faced by informal workers, including low wages, lack of job security, health hazards, and lack of bargaining power due to not being organized into unions.
The document then proposes several solutions to improve conditions for informal workers, including establishing organized markets and shops for hawkers, electing labor unions for unorganized industrial workers, and launching a national program called Karyodaya Jan Abhiyan to register all informal workers in computerized databases. This would allow workers to access benefits like compensation, government funds, and loans.
Private companies would be contracted to implement the program and
This document provides an overview of the Extractive Industries Transparency Initiative (EITI). It discusses how EITI emerged to address issues of corruption and lack of transparency related to revenues from natural resource extraction. The document outlines the key principles of EITI, including requiring extractive companies to publicly disclose their payments to governments and for governments to disclose revenues received. It also discusses stakeholders involved in EITI and provides details on Ghana's involvement with EITI.
Indonesia, a nation used to limiting the free flw of has now reached theera of openness. The Public Information Disclosure Law was regulatedin 2008 and since then, Indonesian citizens are guaranteed access to public information, including information that used to be locked away. Furthermore, Indonesia has adopted a global initiative to improve transparency and accountability within extractive industries (oil, gas, and mining) - that by nature is used to closed and full with secrecy-, the Extractive Industries Transparency Initiative (EITI). Recently, the EITI has increased its standard which require implementing country to provide accessible, usable, and machine readable data of the report. Also, given participation of Indonesia in Open Government Partnership (OGP), there are progressing moves from various sectors and level of government and many stakeholder to continually promote, provide and support Transforming Extractive Industry through Open Data implementation of open data: in public service delivery, economic and trade, politic and democracy, as well as extractive sector.
PH-EITI Media Training Overview of Extractive Industries in Cebu for Seminar - Workshop and Media Fellowship on Covering the Extractive Industries: Digging Out Stories that Matter
This document summarizes various donor approaches to extractive industries management. It discusses how donors have increasingly supported multi-stakeholder initiatives like the Extractive Industries Transparency Initiative (EITI). EITI aims to increase transparency around payments from oil, gas and mining companies to governments. The document also outlines individual donor strategies, noting that the World Bank provides the most funding and that governance and institutional capacity building are common priorities. It concludes by recommending donors strengthen regulatory frameworks, capacity, transparency and inclusive decision-making regarding extractive projects.
The need for contract (and licensing documents) openness in the extractive industries is currently getting stronger, along with public demands for a transparent and accountable extractive industry governance. Some cases have shown a good precedent of contract openness in the said sector in Indonesia
STRENGTHENING ETHICAL CORPORATE GOVERNANCE IN OIL, GAS AND PETROCHEMICAL SECT...GlobalCompact
The document summarizes the proceedings of a consultation event on strengthening ethical corporate governance in the oil, gas, and petrochemical sectors in India. It provides background on initiatives by the Global Compact Network India related to anti-corruption. It then summarizes the welcome session, which included remarks by representatives of the UN Global Compact and British High Commission on the costs of corruption. It also discusses the launch of a white paper on ethical corporate governance and keynote speeches by the CEO of Petronet LNG and Director General of Petrotech on bringing transparency to decision making and prioritizing ethical conduct.
This document provides a summary of events that took place in the Greenroom during the First Universal Membership of the UNEP Governing Council from February 18-22, 2013 in Nairobi, Kenya. Various NGOs, civil society organizations, and stakeholders participated in daily briefings and other events focused on topics like establishing conservation funds, implementing ombudspersons for future generations, incorporating ecosystem management into development plans, and sustainable development goals for the post-2015 agenda. Specific events highlighted initiatives on poverty and the environment, sustainable consumption and production, environmental reporting, reducing the environmental impact of IT, and green economic development in West Asia. The Greenroom served as a space for participation, information sharing, and
The principle of openness in running the government is needed to realize a participatory government where people can actively participate in overseeing policy implementation. To support this, the Government of Indonesia has committed to use the principle of public information disclosure, which is shown through Law No. 14/2008. Moreover, Indonesia had participated in Open Government Partnership (OGP) which has 78-member countries which Indonesia is one of the pioneers of OGP, as well as Presidential Decree No.39/2019 on Satu Data (One Data) Indonesia.
This document provides information on the major trading hubs and land landing centers for vegetables in Bangladesh. It notes that approximately 10% of vegetables are consumed at the grower level, 30% at the local level, 30% at the district level, and 30% at distant markets. The key urban districts that receive vegetables are Dhaka, Chittagong, Sylhet, and Barisal, where the major urban landing centers are located. These districts receive vegetables from all over the country. The document also outlines the typical forward market vegetable value chain in Bangladesh, which includes farmers, farias, arotdars, baparis, and retailers.
Analysis Of The Board Of Directors For Tullow Oil CompanyCamella Taylor
This document discusses a risk reduction plan for improper heating of a residential structure. It identifies key stakeholders such as local government officials, homeowner associations, and housing authorities. Potential partners mentioned include hardware stores, Underwriter Laboratories, the National Fire Protection Agency, and other fire departments. The plan would involve educating these stakeholders and partners to implement strategies to reduce risks from improper heating. These may include inspections, installing safety devices, and distributing educational materials. The overall goal is to prevent fires and protect public safety through community collaboration.
The document discusses the Extractive Industries Transparency Initiative (EITI), which promotes transparency around oil, gas, and mineral resource extraction. It notes that many resource-dependent countries are facing fiscal crises due to falling commodity prices and the COVID-19 pandemic. The EITI establishes a global standard for transparency and accountability in the extractives sector. It requires disclosure of payments, contracts, production data, and more. Implementing countries set up multi-stakeholder groups to oversee EITI implementation and ensure data is communicated to the public. The EITI is working to expand transparency to new areas like commodity trading, subnational revenue distribution, and environmental reporting.
The document discusses testing national preparedness for sustainable public procurement in Vietnam. It would involve:
1) Reviewing procurement legislation and provisions for SPP
2) Dialogue with procurement authorities on the institutional framework
3) Reviewing environmental and social policies that could promote SPP
It would also analyze how procurement is organized, budgets are managed, and identify stakeholders that could pilot SPP efforts. The document also provides background on the organization conducting the study, IISD, and its work promoting sustainable public procurement globally and in countries like South Africa, Chile and India.
This document outlines a 5-year initiative led by Transparency International Australia to prevent corruption in the awarding of mining permits, licenses, and contracts in approximately 20 resource-rich countries. The initiative will conduct risk mapping and multi-stakeholder engagement to create transparency and accountability in the mining sector governance. This aims to ensure countries' wealth from minerals benefits local communities and leads to sustainable development. Transparency International's global network and experience in anti-corruption advocacy make it well-positioned to implement this initiative working with governments, companies, and civil society groups.
Transparency in the extractive sector mininggZELA2013
The document discusses challenges around transparency and accountability in Zimbabwe's mining sector. It notes that while mining generates revenues, communities see little benefit and allegations of corruption are common. A civil society dialogue meeting was organized to discuss strategies for promoting transparency and accountability. The background section outlines issues like lack of compliance with environmental and legal standards, secretive tendering processes, and non-disclosure of mining contracts and revenue information, contributing to opacity in the sector.
Presented for "Hot Topic Session" of Research Methods for Public Policy; in partial fulfillment of Master of Global Public Policy degree at The Russian Presidential Academy of National Economy and Public Administration (RANEPA) Moscow, Russia
This document summarizes the development of cooperative statistics guidelines by the International Labour Organization (ILO). It discusses the need for reliable cooperative statistics given their significant economic contributions. An ILO resolution recognized the need for statistics on cooperatives in all countries. As a result, the ILO carried out studies in six countries including the Philippines to develop a common framework. The guidelines were finalized in 2018 and aim to assess cooperatives' economic impacts through various metrics like employment and earnings. Challenges remain in collecting comprehensive cooperative data from all countries.
The document discusses citizens' engagement in the Extractive Industries Transparency Initiative (EITI) process. The EITI is an international standard for transparency around natural resource revenues between extractive companies and governments. It requires governments to disclose payments from companies and companies to disclose payments to governments. The EITI also requires governments to establish multi-stakeholder groups including civil society and companies to oversee implementation and commit to transparency and anti-corruption reforms. The document advocates for informing citizens on how natural resource revenues are distributed locally and empowering citizens to use EITI commitments to broaden debates on transparency and participate in community consultations, budget monitoring and planning.
The Norwegian National Contact Point (NCP) handled two complaints regarding Norwegian companies' adherence to the OECD Guidelines for Multinational Enterprises. [1] The NCP found that Mindoro Nickel Project breached human rights and environmental provisions, and recommended improvements. [2] Friends of the Earth Norway and Forum for Environment and Development filed a complaint against Cermaq that was resolved through mediation, with Cermaq committing to sustainable practices. The NCP aims to promote and implement the OECD Guidelines through complaints handling and conciliation.
A wide ranging review of ESG issues in the extractive industries, though none dealt with by the authors in the depth needed to (literally) do the topics justice. Well worth a read nevertheless to get a perspective and a flavour of the themes involved.
Similar to Newsletter Asia Pacific October-November 2018 (20)
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Ringkasan dokumen tersebut adalah sebagai berikut:
1. Aliansi masyarakat sipil menyampaikan masukan untuk RPJMD Jawa Tengah agar lebih inklusif, adil, dan berkelanjutan dengan memperhatikan rekomendasi KLHS terkait Pegunungan Kendeng.
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Omnibus Law dianggap memiliki implikasi yang serius terhadap penataan ruang dan lingkungan hidup. Hal ini dikarenakan RUU Cipta Kerja melemahkan proteksi lingkungan demi kepentingan investasi, dan menghilangkan mekanisme pengawasan seperti Komisi Penilai Amdal. Stranas PK berupaya meningkatkan tata kelola data perizinan sektor sumber daya alam melalui Kebijakan Satu Peta, namun menemui kendala karena ketersed
Compared with other sources of energy, oil and gas continue to become primary sources of energy in Indonesia with the highest level of consumption. Apart from propping up almost one third of national revenue, oil and gas also significantly contribute to create job opportunities, supply the need of fuel, petrochemical industry which in turn effectively enhances investment and economy.
As a natural resource contained within the bowel of the earth, the constitution of the Republic of Indonesia asserts that the ownership and enterpreneurship of national oil and gas industry is controlled by the state and immensely benefitted to the welfare of people accordingly (constitution 1945, article 33). Furthermore, it is asserted through the law 22/2001 on oil and gas that the control by the state is administered by the government as the holder of mining right. It means, the government is entitled with authority to administer the exploration and exploitation of oil and gas throughout Indonesian territory.
Dokumen tersebut membahas tentang opsi-opsi yang diajukan Dewan EITI terkait keterbukaan kontrak antara pemerintah dan perusahaan ekstraktif dalam standar EITI di masa depan, yaitu apakah kontrak tersebut harus dibuka secara umum, dibuka dengan pengecualian tertentu, atau hanya sebagai dorongan tanpa kewajiban."
Keterbukaan informasi publik merupakan hak asasi setiap warga negara yang mendukung pengembangan diri dan kehidupan seseorang, baik secara pribadi/individu maupun dalam hubungan sosialnya, serta dalam menjalankan peran kehidupan berbangsa dan bernegara secara baik dan bertanggung jawab. Keterbukaan informasi publik merupakan salah satu ciri dari negara demokratis, dan menjadiprasyarat dalam partisipasi, transparansi, dan akuntablitas dalam tata kelola pemerintahan yang baik. Keterbukaan informasi publik dapat mendorong kemajuan sebuah bangsa, karena memungkinkan adanya kontrol publik serta mendorong terciptanya check and balances.
This document discusses contract transparency in the extractive industries according to the 2019 EITI Standard. It provides background on EITI and how contract transparency has developed over time in the EITI standards from 2013 to 2019. The 2019 standard now requires EITI implementing countries, including Indonesia, to publish all contracts issued after 2021 and encourages publishing existing contracts. However, Indonesia has yet to fully comply. The document outlines the roles EITI can play in facilitating greater contract transparency at the national level through discussion, publishing contracts, and influencing regulatory changes.
Openness of public information is a human right of every citizen who supports self- development and the life of a person, both personally / individually and in social relations, and in carrying out the role of national and state life in a good and responsible manner. Openness of public information is one of the characteristics of a democratic country, and is a prerequisite for participation, transparency and accountability in good governance. Openness of public information can encourage the progress of a nation, because it allows for public control and encourages the creation of checks and balances
Dokumen ini membahas tentang upaya keterbukaan pemerintah Indonesia melalui kebijakan Satu Data, termasuk implementasinya di sektor kelautan dan perikanan, sumber daya energi dan mineral, serta pengalaman seorang wanita yang dulu terlibat pertambangan ilegal namun kini mengawasi aktivitas pertambangan.
Pemerintah Provinsi Nusa Tenggara Barat menerbitkan Peraturan Daerah Nomor 9 Tahun 2019 tentang Pengelolaan Pertambangan yang mewajibkan pemerintah untuk mempublikasikan data dan informasi pertambangan serta memberikan ruang bagi masyarakat untuk berpartisipasi dalam pengawasan pertambangan. Meski merupakan langkah positif, masih diperlukan aturan turunan untuk memperjelas pelaksanaannya.
The government of West Nusa Tenggara Province issued a Local Government Regulation on Mining Governance in September 2019. In this newly-issued regulation, there is a specific chapter on data and information systems of the mining sector and also provisions that guarantee public participation to monitor mining activities in the province. This is an answer to the problems faced by the people living near mining areas in West Nusa Tenggara Province.
West Nusa Tenggara Province (NTB) is one of the provinces with abundant metal and non-metal mineral resources and spread in almost all districts / cities. Now, there are 261 Mining Business Licenses (IUP) in NTB, consisting of 27 metal mineral IUPs and 234 rock IUPs (NTB ESDM Service, 2019). From 27 metal mineral IUPs, in fact there are 11 IUPs covering an area of 35,519 ha that are indicated to be in protected and conservation forest areas (DG Minerba, MEMR, 2017). Whereas based on Law number 41 of 1999 concerning Forestry, the two regions may not be used for mining activities.
Kajian ini menemukan bahwa selama masa darurat Covid-19 di NTB, akses informasi publik terkait penanganan Covid-19 sangat terbatas bagi masyarakat pedesaan, terutama kelompok perempuan dan rumah tangga berpenghasilan rendah. Informasi yang seharusnya tersedia tidak merata, bahkan ada masyarakat yang sama sekali tidak mengetahui informasi terkait Covid-19. Meskipun demikian, layanan informasi pemerintah
Dokumen tersebut membahas kerangka hukum keterbukaan kontrak di sektor migas dan minerba Indonesia. Secara ringkas, dokumen menjelaskan bahwa Pasal 33 UUD 1945 memberikan mandat penguasaan negara atas sumber daya alam untuk kemakmuran rakyat, yang mewajibkan keterbukaan informasi pengelolaan sumber daya alam termasuk kontraknya. UU KIP juga mewajibkan keterbukaan dokumen publik seperti kontrak, me
Countries around the world collect taxes from their people in various forms, income tax, vehicle tax, land-building tax, fees from extraction of natural resources (royalties) and so forth. John Locke declared tax payments as reciprocity for meeting the people’s needs to get protection from the state.1 Such protection can be interpreted as guarantee and fulfillment of basic rights such as the right to life, health, ownership of property, and education.2 Richard Murphy emphasized the principle of protection, countries that collect taxes must protect their citizens without discrimination and provide public goods.3
Dokumen tersebut membahas tentang perkembangan standar Extractive Industries Transparency Initiative (EITI) khususnya mengenai keterbukaan kontrak dan izin di sektor sumber daya alam. Standar EITI semakin mengharuskan negara anggota untuk mempublikasikan kontrak dan izin yang diberikan, meskipun sebelumnya hanya bersifat opsional. Indonesia sebagai negara pelaksana EITI belum sepenuhnya melaksanakan kewajiban tersebut.
Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia expressly states that all-natural resources in the land of Indonesia are controlled by the state and used to realize the prosperity of the people.1 Oil and gas, as well as minerals and coal are some of Indonesia’s natural wealth, which must be managed to achieve the objectives of Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Considering that oil and gas, mineral and coal are classified as high risk, high technology, and high cost industries, the management needs to be done in collaboration with various parties who have capital and competitive technology. Most of the cooperation in oil and gas, mineral and coal management is carried out based on the contract system. In the Indonesian context, the contract system is widely used for upstream sector activities that include exploration and exploitation/production of oil and gas, and mineral and coal, while for downstream activities it is implemented through the granting of a business license.2 Since 2009, part of the upstream mineral and coal sector has been implemented through a licensing system.
Negara-negara di seluruh dunia memungut pajak dari rakyatnya dalam berbagai macam bentuk, pajak penghasilan, pajak kendaraan, pajak bumi-bangunan, iuran dari ekstraksi sumber daya alam (royalti) dan lain sebagainya. John Locke menyatakan pembayaran pajak sebagai timbal balik atas pemenuhan kebutuhan rakyat untuk mendapatkan perlindungan dari negara. Perlindungan tersebut dapat dimaknai sebagai jaminan dan pemenuhan atas hak-hak dasar seperti hak untuk hidup, sehat, memiliki properti, dan pendidikan. Richard Murphy mempertegas prinsip perlindungan tersebut bahwa negara yang memungut pajak harus melindungi warganya tanpa diskriminasi dan menyediakan kebutuhan publik (public goods).
The document discusses several topics related to open contracting and mining permits in Indonesia, including:
1) The need for transparency in extractive industry contracts and permits, as mandated by law, but challenges in implementation remain.
2) Efforts to increase community participation and monitoring of mining activities through the use of permitting documents.
3) Citizen journalism as an alternative media for communities to voice concerns not accommodated by mainstream media.
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1. PWYP Asia Pacific - Newsletter1
Asia Pacific
October - November 2018
News Updates
Publish What You Pay Indonesia
EITI and Commodity Trading Initiative in Extractive
Industry Policy Reform
In resource rich countries, transparency and accountability
has an important role to ensure that the revenue from nat-
ural resources will give benefit for the people. These princi-
ples are mainstreamed through multi-stakeholder initiative,
called Extractive Industry Transparency Initiative (EITI).
The progress of EITI implementation in each countries dif-
fers, in which each country face various challenges. This was
discussed in the Publish What You Pay (PWYP) Asia Pacific
Regional Meeting last 8-9 August.
Jessie Cato, the national coordinator of PWYP Australia,
highlighted the Australian civil society’s endeavour in in-
troducing mandatory disclosure policy, including EITI, in
which equivalent to EU Transparency Accounting Directive
and Canadian Laws.
Why mandatory disclosure? Jessie explained that civil society
still face some challenges in accessing the data. “As the coun-
try without mandatory disclosure policy in place, the data
availability is still problematic. It is highly aggregated and
it is quite often unavailable to the public. Many Australian
multi-national companies publicly reported tax and royalty
in combine,” said her.
Currently, Publish What You Pay Australia advocates the
mandatory disclosure policy, and for the first time, a major
Australian political party has publicly support the manda-
tory disclosure. However, the policy has announced the EU
and Canadian Law in one way, and it will be apply to large
companies, not to all the ASX companies.
A greater progress found in Indonesia, in which EITI has
been implemented since 2010 in the country. While produc-
ing the reports has become a habit, but the EITI Indonesia
should go beyond that, said Aryanto Nugroho, Manager of
Advocacy and Program Development of PWYP Indonesia
as well as the CSO representative at the Multi-stakeholder
group (MSG) of EITI Indonesia. The remaining homework
for EITI in Indonesia are to follow-up the EITI report’s rec-
ommendation and more importantly, to contribute to the
policy reform.
“MSG of EITI Indonesia is an opportunity to discuss and
solve the extractive industries related problem. For instance,
Nurkholis Hidayat, Board of Director Lokataru Law and Human Right Office, at PWYP Asia Pacific Regional Meeting last 8-9 August 2018
2. 2PWYP Asia Pacific - Newsletter
local governments often discuss about revenue sharing fund,
and propose the adoption of EITI in subnational level due to
the lack of information for the local governments regarding
the resource revenue information,” said him.
However, somehow EITI has its own limitation, affirmed
Nurkholis Hidayat, Director of Lokataru and CSO represent-
ative at the MSG of EITI Indonesia. “We need to expand the
scope of transparency, not only comparison between com-
pany payment and government revenue, but also a trading
between countries. A publicly accessible data on commodity
trading as provided by UN Comtrade is urgently needed,”
added him.
The Petral scandal illustrates the perfect reason to improve
the transparency of commodity trading. This is the corrup-
tion case of oil procurement during 2012-2014 by the Per-
tamina’s subsidiary, the Pertamina Energy Trading Ltd (Pe-
tral). There is an anomaly, which allegedly involving mafia
who mark up the price of oil procurement by Petral.
Nurkholis also shared the report on the Oil and Gas Trad-
ing in Indonesia, which supported by EITI as part of its pilot
project on the commodity trading transparency initiative.
Unfortunately, the report mainly focuses on the export data.
It does not disclose import data, while Indonesia is net oil
importer.
The main findings from the report are 44 negative value
transaction as much as USD 67.156.568. Also there are 24
transactions value to USD 601.580 with zero volume of oil.
The report also found that there is no clear mechanism on
Indonesia export of gas to Malaysia and Singapore through
direct pipeline.
The panel agreed on the need of greater collaboration among
PWYP coalition members in Asia Pacific region to exchange
data and ensure the traceability of commodity. In addition,
the urgency to broaden the scope of EITI to include com-
modity trading is strongly raised.
PWYP Indonesia-PWYP Asia Pacific Regional Meeting
Lack of Community Participation in Environmental
Impact Management & CSR in the Mining Sector
Community involvement has not been well implemented in
environmental impact management in the mining sector.
This was expressed by Nurhidayati, WALHI National Exec-
utive Director in the PWYP Asia Pacific Regional Meeting
(7-8 /8). According to Nurhidayati, three (3) main pillars of
environmental governance in Indonesia consisting of rights
to information, rights to participation, and compensation
mechanisms, have not been implemented properly, even
though this has been stated in the regulation of Government
Regulation number 27/1999 concerning Environmental Im-
pact Analysis (article 33-35).
The results of WALHI’s research shows that the current com-
munity participation is still at the non-participatory level, at
best only until the stage of representation / tokenism . “Even
in the mining sector, there is a violation of the basic rights
of the community in terms of determining the mining area,”
Nurhidayati added.
Responding to the violation of these basic rights, WALHI
then filed a judicial review of the Mining Law to the Con-
stitutional Court, and finally the article in the Mining Law
related to the determination of mining areas changed from
“must take concern of the community” to “ obliged to pro-
Nurhidayati, National Executive Director Friend of the Earth (WALHI), at PWYP Asia Pacific Regional Meeting, last 8-9 August 2018.
3. PWYP Asia Pacific - Newsletter3
tect, respect and fulfil the interests of the community whose
territory and land will be included in the mining area and
the people who will be affected”. Unfortunately, until now the
government has not implemented the Constitutional Court
Decision No. 32 / PUU-VIII / 2010 and has not issued a
specific regulation (Government Regulation/PP) regarding
community participation in the determination of mining ar-
eas.
On the other hand, Jalal, founder of A + (Corporate Social
Responsibility) CSR Indonesia said that people are still seen
as objects in the implementation of CSR in Indonesia, not as
involved subjects to determine the direction of development.
According to him, companies see that CSR is only limited to
money donations, so that CSR considers success if the CSR
funds run out at the end of the year. Most of them do not
even meet ISO 26000 standards.
“In terms of community development, CSR of the company
has not succeeded in promoting the welfare and independ-
ence of the community. In many cases, people are increas-
ingly dependent on the resources provided by the company,
“explained Jalal.
In its implementation, there are still few people involved
since the CSR planning stage. Most are only involved in
CSR socialization activities. Another most popular form of
engagement is the submission of proposals from the people
for community development programs. Unfortunately, this
practice is oftentimes dominated by certain groups who are
excellent at writing proposals, so CSR is not participatory
and inclusive.
Jalal added, there are still very few companies that use the
Social Return on Investment approach and the Sustainable
Livelihood Approach. Also, there are still a handful of com-
panies that achieved the proper category. Some coal compa-
nies have indeed achieved the proper category. But actually,
according to Jalal, this is because CO2 is not included as a
pollutant category. If CO2 is included as a pollutant category,
fewer companies will be categorized in the proper category.
Bantay Kita
Philippine Open Contracting in the Mining Sector:
Policy and Practices
Open contracting is anchored on the principles of transpar-
ency and accountability around the use of public resources.
It involves the disclosure of timely and complete data and
documents in open format related to planning, tendering,
award, implementation, and termination of contracts. It pro-
motes citizen engagement by providing a platform for par-
ticipation and feedback in all stages of contracting. This aids
in enhanced monitoring, reduced corruption, and improved
implementation, among others.
Public procurement in the Philippines embraces these prin-
ciples. The Government Procurement Reform Act mandates
disclosure of information, participation of civil society as ob-
servers to the process, and encourages competition. Howev-
er, mining contracting is governed by a separate law.1
The 1995 Philippine Mining Act necessitates the public an-
nouncement of exploration and mineral agreement applica-
tions. It also provides space for citizens to lodge objections
prior to decision-making. The Act deputizes environmental
compliance monitoring to a multi-stakeholder group, in-
1 The Philippine Mining Act of 1995 and its Implementing Rules and
Regulations
Left to right: Emanuel Bria-Indonesia Country Manager of NRGI, Dian Patria-Chief of the National Movement on Saving Natural Resources of KPK, Kristina Pimentel-National Coordinator of
Bantay Kita/Publish What You Pay Philippine, Shreya Basu-Asia Pacific Lead at Open Government Partnership, Theinny Oo-Steering Committee Member of MATA
4. 4PWYP Asia Pacific - Newsletter
cluding civil society. It also requires that any mining activ-
ity within ancestral domains must seek prior consent from
Indigenous Peoples. The Mining Law allows for exploration
permit grantees the first option to apply for mineral agree-
ments, and not through competitive public bidding.
The Philippine Mining Act had been fraught with opposi-
tion. The 1996 Marcopper environmental disaster2
fueled
mass opposition against mining. In 1997, constitutionality of
some provisions of the Act were questioned. In mid-2000s,
the Supreme Court ruled with finality in favor of its consti-
tutionality.3
Urgency to implement transparency and accountability
measures were paramount due to confusion and conflict sur-
rounding the mining sector.
In 2011, the Philippines co-founded the Open Government
Partnership. In 2012, the Philippines committed to partic-
ipate in the Extractive Industries Transparency Initiative
(EITI). The EITI ushered in the opportunity for openness
in the sector. Through the country’s Annual EITI Report,
relevant data and documents are made available at a single
source. The Philippine Government launched a platform4
in
2014 meant to consolidate data from different government
entities in formats intended for easy sharing, searching, and
use. By 2015, EITI compliance, access to information law,
and open data were among the country’s commitment to the
OGP. In line with these commitments, PH-EITI took anoth-
er step by developing a contracts portal with support from
the Natural Resource Governance Institute, the World Bank,
Columbia Center on Sustainable Development and the EITI
MDTF through UK aid.
The drive for transparency was further accelerated when
President Rodrigo Duterte signed the Freedom of Informa-
tion executive order5
, calling upon agencies to disclose public
contracts and records requested by citizens.
In December 2016, the PH-EITI Multi-Stakeholder Group
agreed to the Open Data Policy that describes digital data as
2 https://www.rappler.com/move-ph/issues/disas-
ters/165051-look-back-1996-marcopper-mining-disaster
3 http://www.chanrobles.com/cralaw/2005februarydecisions.php?id=109
4 https://data.gov.ph
5 https://www.foi.gov.ph/downloads/EO-2-s-2016-signed-copy.pdf
having characteristics required for it to be used, reused, and
redistributed by anyone, anytime, anywhere.6
The PH-EITI Contracts Portal contains over 50 extractives
contracts and supporting documents including mining pro-
ject feasibility studies, and social and environmental mon-
itoring reports, among others. Contracts are annotated for
easier understanding. The site is searchable, and some sup-
porting documents are in open data format. Prior to this,
contracts were not public. Supporting documents were
lodged in different government agencies in physical form.
As a member of environmental mining oversight commit-
tees, civil society can assess the company’s compliance to
environmental regulations. If a violation is committed, sanc-
tions including suspension, may be carried out. Environ-
mental compliance reports are disclosed through the Philip-
pine extractives contracts portal. Citizens who are not part
of this committee can also conduct parallel assessments to
validate reports.
Citizens can also validate if the mandatory social develop-
ment allocations are fulfilled and are aligned with the local
development plans of the community. These allocations are
intended to contribute to “sustained improvement in the
living standards of host and neighbouring communities by
creating responsible, self-reliant and resource-based com-
munities capable of developing, implementing and manag-
ing community development programs, projects, and activi-
ties in a manner consistent with the principles of sustainable
development.”7
The social development reports may also be
found in the contracts portal. Bantay Kita (BK) assessed the
reports and found that it runs the risk of duplicating local
government projects. In this respect, BK asserts that it would
be more efficient if the allocations support existing local de-
velopment plans.
By referring to coordinates of an approved mining area as
reflected in a contract, communities can potentially check if
the mining activities are within the agreed boundaries.
Bantay Kita utilized information in mining feasibility studies
as assumptions to conduct fiscal modelling. Results can help
Indigenous Peoples and local governments determine if it is
beneficial to have mining companies operate in their areas;
and if so, to ensure that they get a fair share.
BK informs communities of relevant data in the Portal and
capacitates them so that they can validate company reports,
make meaningful decisions regarding natural resource man-
agement, and demand accountability.
While there are OGP commitments like the EITI, open data
policy, and freedom of information that increase openness
and support citizen engagement, the contracts portal is an
innovation particularly intended to further democratize
6 International Open Data Charter. http://opendatacharter.net
7 DAO No. 2000-99, Section 2(o)
President Rodrigo Duterte signs the executive order on freedom of information.
(Source: https://newsinfo.inquirer.net)
5. PWYP Asia Pacific - Newsletter5
access to data and related documents in the mining sector.
These open contracting initiatives face challenges including:
• Absence and lack of access to timely, correct and com-
plete data and documents.
• Limited bandwidth causing instability of the contracts
portal site.
• The EITI process and open data policy are still not
mainstreamed. Though progress has been made, there
are still issues of weak record keeping and incompatible
file formats. Documents are still stored in pdf or hard
copies. Difficulties in file transfer, conversion sharing,
system inoperability, connectivity, and coordination
within government regional and central offices remain.
The absence of a legal framework for sustained disclo-
sure and citizen engagement, through an FOI and EITI
laws hinder open contracting implementation in the
sector. Both bills are pending in Congress. The pres-
ence of the Data Privacy Act and Bank Secrecy Law also
casts a shadow on data disclosure.
• Funding for sustainability remains an issue.
• Digital divide limits the reach and impact of on-line
information.
• Culture of sharing has yet to be achieved.
Talks are underway between PH-EITI and the Department
of Information and Communications Technology (DICT)
to migrate the contracts portal. Originally, the portal would
have been relaunched by end of June. However, slow govern-
ment implementation is hampering transfer.
The Mining and Geoscience Bureau developed a website8
containing similar data. The site contains a list of mining
agreements, exploration and mineral processing permits,
mine safety, health and environment, employment, geologi-
cal, operational and administrative data. Though data in this
site is more updated, it remains inconsistent and incomplete.
Most data are aggregated where granularity is needed, and
supporting documents are not provided due to the limited
bandwidth.
Aside from the challenges mentioned, there is still a need to
capacitate communities; and develop user-centred knowl-
edge products to understand and appreciate data for more
meaningful engagement in natural resource management.
Opportunities for citizen participation, particularly in the
planning, awarding, closure/rehabilitation phases are limit-
ed. Where community engagement is present, information
symmetry and genuine consent process are questionable.
Moreover, a credible selection process for community rep-
resentatives is lacking. A feedback loop between representa-
tives and their constituents is also missing.
Bantay Kita is working on these issues in collaboration with
key stakeholders: through civil society networks like PWYP;
targeted outreach to communities, government, and indus-
try; and platforms like the EITI and the OGP, but much re-
mains to be done.
8 http://databaseportal.mgb.gov.ph
Goa Foundation
Mining Dues and Mining Distress
Seven months have gone by since the Apex Court brought
the curtains down on private mining in Goa. There is still no
action from the government on reserving the state for mining
by a Goa Mineral Development Corporation under Section
17A (2) of the MMDR Act. If this option is preferred by the
Goa government, there is no need of auctions and therefore
no prospect of any companies from outside the state taking
over the mining industry. Mining activity (not extraction)
can re-start immediately as there are more than 10 million
tonnes of ore already excavated and lying within leases and
outside leases, which according to the Goa Foundation, be-
long to the state government.
If auction route is contemplated, mining will take several
years for re-start. The process will not be in the best interest
of the people of the state. This is still the considered stand of
the Goa Foundation.
However, while the state is dilly-dallying because of its con-
tinuing close links with the mining companies and lease
holders, the mining dependent employees and workers are
being punished for no fault of theirs. This press note high-
lights why the Goa government is actively refusing to help
them out in their moment of distress.
The Supreme Court, in its judgment on 7th Feb 2018, noted
that a sum of Rs.3,000 crores were due to the government
from the mining lease-holders. It observed:
“We were informed by the learned Additional Solicitor
General that show cause notices have now been issued to
some mining lease holders demanding huge amounts - some
running into hundreds of crores of rupees towards value of
ore extracted in excess of the environmental clearance. We
were handed over some sample show cause notices (about
12) issued in September and October 2017 and the figures
are quite staggering – the demand raised being about Rs.
1500 crores! Similarly, from the Summary of Mining Audit
Report submitted by the auditors (and handed over to us by
the learned Additional Solicitor General – for the period July
2016 to December 2016) the amount demanded (including
6. 6PWYP Asia Pacific - Newsletter
interest) by the State of Goa from the mining lease holders
through show cause notices issued is about Rs. 1500 crores!
And without making any serious attempt to recover such
huge amounts, the State of Goa has granted second renewal
of mining leases and the MoEF played ball by lifting the
abeyance order in respect of the environment clearances. The
inferences that can be drawn are quite obvious.”
It further directed that:
“The State of Goa will take all necessary steps to expedite
recovery of the amounts said to be due from the mining lease
holders pursuant to the show cause notices issued to them
and pursuant to other reports available with the State of Goa
including the report of Special Investigation Team and the
team of Chartered Accountants.”
We have received under RTI Act a list of show cause notices
issued by the government to former lease-holders which we
now want to share with the media and the public, especially
the mining-dependent. These show cause notices were issued
on the basis of reports of the Comptroller and Auditor Gen-
eral (CAG) and the Committee of Chartered Accountants
appointed by the Goa Government itself. The Supreme Court
has directed the state government to expedite recovery.
Item Rs. Crores
Show cause notices issued Rs. 3,431 crores
Receipts from mining for
2015-18
Rs. 1,488 crores
Benefits to mining de-
pendents
<Rs. 400 crores
The total amount recoverable, therefore, is in excess of Rs.
3,000 crores. As far as we are aware, not a single rupee has
been recovered so far. (In contrast, Odisha, under the BJD
government, had issued show cause notices of around Rs.
17,500 crores, and recovered over Rs. 13,500 crores.)
If the amounts under the show cause notices are recovered,
then the mining dependents need not be on perpetual dhar-
na, begging for help.
The amounts recoverable are categorized below:
Who Reason
Par-
ties
Leas-
es
Notices
Issued
Amount
(Rs. Crore)
CAG
Cases
Mining in ex-
cess of Mining
Plan
7 7
26-Sep-
17
1,529.64
CAG
Cases
Mining in
excess of EC
Limit
5 10 3-Oct-17
374.99
CAG
Cases
Short recovery
of royalty
9 9 5-Oct-17
17.98
CA Mining Audit
Report
47 108 2016 1,508.70
Total 3,431.31
The largest amount due is from Vedanta Limited: Rs. 1,647.41
crores.
We demand that the Govt obey the SC order and expedite
recovery of these large amounts. If not, the assets, accounts
and buildings of these lease-holders need to be taken over by
the state. The money thus recovered should be used to pay
the dues of all the mining dependent in the state. The mining
dependent cannot be made to suffer like this.
The Goa Foundation states that when the government wants,
it goes out of its way to enforce its will. As media has report-
ed, the state government has acquired land from Subhash
Shirodkar for Rs.70 crores when there are no plans to use
this land or do anything with it.
In the present case, the government of Goa is simply not will-
ing to remove itself from acting the influence of the mining
lobbies in the State. Despite Rs.3,431 crores due from the re-
ports of two agencies, it is unable to help the mining depend-
ent. Despite having Rs.180 crores in the Mineral Founda-
tions, it is unable to help the mining affected. All it continues
to harp on is amend the law and hand the leases back to the
same mining companies.
The Goa Foundation is committed to recovery of these huge
amounts prior to any resumption of mining activity.
7. PWYP Asia Pacific - Newsletter7
Publish What You Pay Australia
Australian Fossil Fuel Companies are Undermining
Women’s Rights
Australia has one of the largest global mining footprints in
the world, with the highest number of extractive companies
operating in Africa. Australian Securities Exchange (ASX)
listed companies currently operate 35 coal, oil and gas pro-
jects in low income countries, and are planning at least an-
other 115. This is a fourfold increase which puts women’s
rights at risk. Women are disproportionately impacted by
fossil fuel project and the impacts of climate change.
ActionAid Australia as the member of Publish What You Pay
(PWYP) coalition in Australia works with women across the
African continent that are impacted by mining and climate
change. The report conducted by ActionAid examines the
impact of coal, oil and gas extraction on women in low in-
come countries, and for the first time provides and estimates
of the scale and carbon potential of fossil fuel projects cur-
rently being operated or planned by ASX listed companies.
A growing body of evidence shows that extractive projects
including fossil fuel projects, have the potential to under-
mine the rights of women, men, and children in the commu-
nities surrounding mining operations and cause significant
environmental degradation. The social and structural change
caused by extractive projects, particularly in the case of large
scale projects, disrupts communities, and often entrenches
existing inequalities and injustices experienced by women.
In many rural communities, women are responsible for ag-
ricultural production, but have limited decision-making
power over the use of the land. Women often have little to
say over the expropriation of land by extractive industries,
but then suffer the consequences when they can no longer
grow food to feed their families and generate income. Fur-
thermore, even when land remains in the hands of women,
pollution and significant environmental degradation caused
by the coal, oil, and gas extraction can affect food security as
well as access to water, which women are usually responsible
for gathering.
Women’s health and safety is often negatively impacted by
extractive projects. Large influxes of male workers to projects
sites often working far from their community and family net-
works, has been shown to increase gender-based violence,
HIV rates, and demand for sex in exchange for money from
Photo: Oupa Nkosi /ActionAid.
8. 8PWYP Asia Pacific - Newsletter
women in nearby areas. Finding from the report shows that
coal mining has also been linked by women in Mpumalan-
ga, South Africa, to additional health impacts such as genital
skin rashes and headaches.
Yvonne Sampear, who loved in Mpumalanga Province in
South Africa said that “Mining companies have a huge im-
pact on our lives as women who are living in mining affected
communities, they are exploiting us. They are also making us
sick by polluting our water. Our air also polluted, water and
soil are contaminated.”
She conveyed that land now is limited. Most of the land be-
longs to companies. Women can’t do agriculture, because
they do not have land anymore. “At the end of the day, your
energy, your water, your land-it’s a women’s issue because we
make the fire to sustain our family and livelihood,” said her.
Women are disproportionately affected not just the extrac-
tive industry, but also by the impact of climate change that
are fuelled in large part by the burning of coal, oil and gas.
Extreme weather events such as drought, cyclones, and
flooding are becoming both more frequent and severe due
to climate change.
When Cyclone Pam devastated Vanuatu in 2015, ripping up
trees and tearing off rooftops, turning the lush green island
brown and drr, Dorothy Pel-a 62 year old mother to five chil-
dren, through it all. “After Cyclone Pam, we had a difficult
time. There was hardly anything in the garden. It’s like Pam
swept away everything,” Dorothy explained.
In the aftermath of a disaster, like Cyclone Pam in Vanuatu,
women like Dorothy bear a huge responsibility for sourcing
food, clean water and shelter for their families, even after
everything has blown away. This often increases their burden
of unpaid care, as they may have to travel long distances to
find the resources they need.
In this report, ActionAid Australia recommends that Aus-
tralian Government to: First, Introduce a mandatory carbon
risk disclosure framework that applies to all ASX listed com-
panies, involved in fossil fuel projects both extra-territorially
and in Australia, Second, Cease public financing of fossil fuel
projects, including the alteration of Efic’s mandate to explic-
itly prohibit support for fossil fuel projects, consistent with
government commitments to uphold women’s rights and
limit global warming to no more than 1.5 degrees Celcius,
Three, ensure transparency of mining projects, including fos-
sil fuel projects, by developing legislation that requires ASX
listed and private extractive companies to report all their
subsidiaries and all payments to governments at a country
and project level. Fourth, introduce corporate accountability
regulation and policy that will limit and mitigate the risk of
human rights violations and women’s right impacts posed by
Australian companies’ fossil fuel projects overseas.
Fifth, incorporate independent gender-sensitive human
rights due diligence into screening tools, corporate engage-
ment, and monitoring process. Sixth, encourage all compa-
nies (not just large companies) to disclose carbon risk, closely
monitor carbon risk all investments, and introduce policies
to reduce carbon risk. Seventh, commit to exiting business
relationships with companies involved in fossil fuel projects
in low income countries, given the high risk of violations of
women’s rights and the inconsistency of these projects with
limiting global warming to no more than 1.5 degree Celcius.
Full report can be accessed at: http://www.actionaid.org/un-
dermining-womens-rights-report