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Philippines

Extractive Industries' Transparency (PH0032)

Overview

At-a-Glance

Action Plan: Philippines National Action Plan 2015 – 2017

Action Plan Cycle: 2015

Status: Inactive

Institutions

Lead Institution: Department of Finance, Department of Budget and Management, Department of Environment and Natural Resources - Mines and Geosciences Bureau

Support Institution(s): Department of Energy, Department of the Interior and Local Government, Union of Local Authorities of the Philippines. Chamber of Mines of the Philippines, Petroleum Association of the Philippines, Bantay Kita

Policy Areas

Extractive Industries

IRM Review

IRM Report: Philippines End-of-Term Report 2015-2017

Starred: No

Early Results: Major Major

Design i

Verifiable: Yes

Relevant to OGP Values: Access to Information Civic Participation

Potential Impact:

Implementation i

Completion:

Description

The 1st EITI Country Report was published in the EITI website (www.ph-eiti. org) and submitted to the EITI International Board in December 2014 . Further, Executive Order No. 147 was signed in November 2013 creating the Philippine EITI. Preliminary discussions have also been made in Congress and Senate in 2014. Main Objective - Improved transparency and increased accountability in the extractive industry to improve governance of the extractive sector. Sepcifically, the 5 main objectives for EITI implementation in the Philippines are as follows:
 Show direct and indirect contribution of extractives to the economy (through EITI process)
 Improve public understanding of the management of natural resources and availability of data
 Strengthen national resource management / strengthen government systems
 Create opportunities for dialogue and constructive engagement in natural resource management in order to build trust and reduce conflict among stakeholders
 Strengthen business environment and increase investments. The Extractive Industries Transparency Initiative (EITI) is a global Standard to promote open and accountable management of natural resources. It seeks to strengthen government and company systems,inform public debate, and enhance trust among stakeholders. A multi-stakeholder group composed of civil society, business, and government was formed to implement EITI in the Philippines. Through an annual report published by Ph-EITI, revenues collected by government and paid by companies are compared and reconciled to see if they tally. In the process, gaps are identified by the report, and recommendations are forumulated by stakeholders to address scuh gaps. Beyond producing a report and promoting fiscal transparency, PH-EITI aims to improve governnace of the extractive sector by making information accessible and enabling stakeholders to have an evidence-based approach to policy making. The EITI promotes access to information, transparency and accountability in the extractive sector through disclosure and publication of payments made by mining, oil, gas and other extractive companies. The annual EITI report informs the public on how much the extractive industry contributes to the economy, and how the government spends such revenues for the welfare of citizens. EITI’s multi stakeholder approach also provides a platform for discussion of issues relevant to the governance of the extractive sector, thereby increasing civic participation.
Aside from producing information on extractive sector revenues, EITI also promotes transparency across the extractive industry value chain, including information on the licensing process, social development programs at the local level, and processes involving Indigenous Peoples. EITI aims to ensure transparency across the extractive industry value chain and foster civil society’s meaningful participation in the governance of natural resources. The disclosure of information through the EITI process enables the broader public to evaluate the extractive sector by providing a mechanism by which local communities are able to openly scrutinize the collection and spending of revenues collected by the government from the extraction of natural resources. EITI also enables civil society to assess gaps in existing government systems and provide data - driven recommendations to policy makers.

IRM Midterm Status Summary

For Commitment details, see https://www.opengovpartnership.org/documents/philippines-mid-term-progress-report-2015-2017.

IRM End of Term Status Summary

4. Extractive Industries’ Transparency Initiative

Commitment Text:

The 1st EITI Country Report was published in the EITI website (www.ph-eiti. org) and submitted to the EITI International Board in December 2014. Further, Executive Order No. 147 was signed in November 2013 creating the Philippine EITI. Preliminary discussions have also been made in Congress and Senate in 2014. Main Objective - Improved transparency and increased accountability in the extractive industry to improve governance of the extractive sector. Specifically, the 5 main objectives for EITI implementation in the Philippines are as follows:

· Show direct and indirect contribution of extractives to the economy (through EITI process)

· Improve public understanding of the management of natural resources and availability of data

· Strengthen national resource management / strengthen government systems

· Create opportunities for dialogue and constructive engagement in natural resource management in order to build trust and reduce conflict among stakeholders

· Strengthen business environment and increase investments.

The Extractive Industries Transparency Initiative (EITI) is a global Standard to promote open and accountable management of natural resources. It seeks to strengthen government and company systems, inform public debate, and enhance trust among stakeholders. A multi-stakeholder group composed of civil society, business, and government was formed to implement EITI in the Philippines. Through an annual report published by Ph-EITI, revenues collected by government and paid by companies are compared and reconciled to see if they tally. In the process, gaps are identified by the report, and recommendations are forumulated by stakeholders to address such gaps. Beyond producing a report and promoting fiscal transparency, PH-EITI aims to improve governnace of the extractive sector by making information accessible and enabling stakeholders to have an evidence-based approach to policymaking. The EITI promotes access to information, transparency and accountability in the extractive sector through disclosure and publication of payments made by mining, oil, gas and other extractive companies. The annual EITI report informs the public on how much the extractive industry contributes to the economy, and how the government spends such revenues for the welfare of citizens. EITI’s multi-stakeholder approach also provides a platform for discussion of issues relevant to the governance of the extractive sector, thereby increasing civic participation. Aside from producing information on extractive sector revenues, EITI also promotes transparency across the extractive industry value chain, including information on the licensing process, social development programs at the local level, and processes involving Indigenous Peoples. EITI aims to ensure transparency across the extractive industry value chain and foster civil society’s meaningful participation in the governance of natural resources. The disclosure of information through the EITI process enables the broader public to evaluate the extractive sector by providing a mechanism by which local communities are able to openly scrutinize the collection and spending of revenues collected by the government from the extraction of natural resources. EITI also enables civil society to assess gaps in existing government systems and provide data-driven recommendations to policymakers.

Responsible institution: Department of Finance, Department of Budget and Management, Department of Environment and Natural Resources - Mines and Geosciences Bureau

Supporting institutions: Department of Energy, Department of the Interior and Local Government, Union of Local Authorities of the Philippines. Chamber of Mines of the Philippines, Petroleum Association of the Philippines, Bantay Kita

Start date: 1 January 2015

End date: 31 December 2017

Commitment Aim

This commitment aimed to improve the governance of the extractive sector by participating in the Extractive Industries Transparency Initiative (EITI), a global standard for the open and accountable management of natural resources. This involved convening a multi-stakeholder group composed of civil society, business, and government and submitting annual reports that account for the context and document revenues from extractives.[Note: The Extractive Industries Transparency Initiative (EITI) http://www.eiti.org. ] To achieve this, the Department of Finance (DoF) has listed the following targets:

· Publish the second and third EITI reports;

· Complete the validation process for the Philippines to be declared an EITI-compliant country;

· Adopt and amend policies and legislation to promote transparency in the extractive industries; and

· Build the capacity of stakeholders and increase their awareness EITI.

Bantay Kita, the civil society commitment holder, aimed to achieve the following targets:

· CSO representatives attending all EITI activities,

· Establish a strong and accountable CSO coalition;

· Conduct of local outreach activities;

· Publish EITI financial status; and

· Utilize EITI data.

Status

Midterm: Substantial

At the midterm, substantial progress was made toward completing this commitment. The second country report was submitted to the EITI Secretariat on time; the third report was still pending as of June 2016, though it was not scheduled for delivery until December 2016. The validation process, a major derivable, had not been completed as of June 2016, but the IRM researcher considered this to be on schedule and the Philippines-EITI Secretariat did not anticipate any delays. Key agencies[Note: Aceron, Joy. Philippines Progress Report 2015-2017. Independent Reporting Mechanism-Open Government Partnership. 2017.] had adopted considerable reforms to promote transparency in the extractive industry and all CSO commitments had been substantially or fully completed.

End of term: Complete

All the target deliverables of the commitment have been accomplished. A key pending deliverable, the validation process, was accomplished with the announcement of the Philippines being “the first country to achieve satisfactory progress against the EITI standards.”[Note: PH lone country to meet int'l standards in extractive industries governance. Abs-Cbn News. October 6, 2017. http://news.abs-cbn.com/news/10/06/17/ph-lone-country-to-meet-intl-standards-in-extractive-industries-governance. ] The EITI validation report finds that “the Philippines presents a dynamic case of EITI implementation, with its fast-paced and innovative multi-stakeholder group engaging in strategic discussions linking the EITI to national priorities for the extractive sector. Government, industry and civil society have all used the EITI to address local demands for information and identify areas for reform.”[Note: The Extractive Industries Transparency Initiative Philippines Page https://eiti.org/philippines. ]

Meanwhile, both DoF and the Department of Environment and Natural Resources (DENR) have passed policies advancing transparency in the extractives sector.[Note: PH-OGP End-of-Term Self-Assessment Report. October 9, 2017.] By June 2017, Bantay Kita had conducted 53 capacity building activities and produced 20 reports using EITI data.[Note: Ibid.] Its members represented in the EITI have also regularly attended meetings. Finally, EITI bills are pending in both the Senate and the House of Representatives.[Note: SB 1125 an act providing for the creation of Philippine extractive industries transparency initiative filed by Sen. Joel Villanueva. The bill is pending in the committee (9/7/2016) (source: Philippine Senate) and HB 4116 an act providing for the creation of Philippine extractive industries transparency initiative filed by Rep. Ramon Rocamora. The bill is under referral to the Committee on Natural Resources (2016-11-07) (source: Philippine Congress).]

Did It Open Government?

Access to Information: Major

Civic Participation: Major

There are many issues and challenges surrounding the extraction and use of natural resources, such as corruption, conflict among stakeholders, revenue generation, protection of community rights, and sustainable development. Although participation in EITI is an ongoing commitment, the creation of a functioning and active multi-stakeholder group, the participation of CSOs, and the regular publication of country reports are clear indicators of improved transparency and civic participation in the extractive industry. One of the remarkable accomplishments of Bantay Kita is its Open Data initiative. This engages with communities and advocates by directly matching needed information with available information, secured, and processed by Bantay Kita. This allows more effective engagement of advocates and communities using EITI data[Note: Pimentel, Tina and Marco Zaplan , Bantay Kita. Interview on 18 November 2016 at Bantay Kita Office, Quezon City.].

EITI has significantly contributed to making information on extractive governance open and accessible to civil society. This has been a major step in addressing the many issues around extractives, including its meager contribution (0.75 percent) to the Philippines’ total GDP.[Note: Philippine Extractive Industries Transparency Initiative Report, 2013.] The proposed legislation, improvement of EITI rating, and engagement by civil society all indicate the sustainability of current progress.

Carried Forward?

This commitment has been carried forward in the new national action plan. Included in the deliverables is the timely submission of the EITI reports, the development and roll out of an online reporting tool, as well as a scoping study on beneficial ownership disclosure. Civil society has adopted several deliverables that aim to broaden and deepen their engagement in extractives’ governance, including enhanced participation of indigenous people in resource management and the passage of an EITI law.

Commitments

  1. Civil Society Participation to Improve LGU Service Delivery

    PH0042, 2017, Capacity Building

  2. Engage Communities in the Fight Against Corruption, Criminality and Illegal Drugs

    PH0043, 2017, Capacity Building

  3. Ease of Doing Business:Competitiveness

    PH0044, 2017, Legislation & Regulation

  4. Ease of Doing Business: Philippines’ Anti-Red Tape Challenge)

    PH0045, 2017, Capacity Building

  5. Citizen Participatory Audit)

    PH0046, 2017, Audits and Controls

  6. 8888 Citizens’ Complaint Center

    PH0047, 2017, Public Participation

  7. Government Feedback Mechanism

    PH0048, 2017, Capacity Building

  8. Access to Information Legislation

    PH0049, 2017, Capacity Building

  9. e-Participation Through the National Government Portal

    PH0050, 2017, Citizenship and Immigration

  10. Open Budget Index and Budget Reform Bill

    PH0051, 2017, E-Government

  11. Philippine Extractive Industries Transparency Initiative

    PH0052, 2017, Beneficial Ownership

  12. Institutional Mechanisms for Disaster Response

    PH0053, 2017, E-Government

  13. Shelter Development for Informal Settler Families

    PH0054, 2017, E-Government

  14. Open Local Legislative Processes

    PH0055, 2017, E-Government

  15. Law on ATI

    PH0029, 2015, Right to Information

  16. Transparency of Local Govs Plans and Budgets

    PH0030, 2015, Fiscal Transparency

  17. Open Data

    PH0031, 2015, Open Data

  18. Extractive Industries' Transparency

    PH0032, 2015, Extractive Industries

  19. CSO Engagement in Public Audit

    PH0033, 2015,

  20. Civic Enagement in Local Budget Planning

    PH0034, 2015, Participation in Budget Processes

  21. Civic Enagement in Local Budget Planning – Community Capacity-Building

    PH0035, 2015, Capacity Building

  22. Improving Public Service Delivery

    PH0036, 2015, Public Participation

  23. Improving Local Govs' Performance

    PH0037, 2015, Capacity Building

  24. Improve the Ease of Doing Business

    PH0038, 2015, Private Sector

  25. Local Government Competitiveness

    PH0039, 2015, Capacity Building

  26. Public and Private Sector Dialogue

    PH0040, 2015, Private Sector

  27. Improving Corporate Accountability

    PH0041, 2015, Private Sector

  28. Sustain Transparency in National Government Plans and Budgets

    PH0020, 2013, E-Government

  29. Support for the Passage of Legislations on Access to Information and Protection of Whistleblowers

    PH0021, 2013, Legislation & Regulation

  30. Engage Civil Society in Public Audit

    PH0022, 2013, Public Participation

  31. Enhance Performance Benchmarks for Local Governance

    PH0023, 2013, Capacity Building

  32. Enhance the Government Procurement System

    PH0024, 2013, E-Government

  33. Strengthen Grassroots Participation in Local Planning and Budgeting

    PH0025, 2013, Participation in Budget Processes

  34. Provide More Accessible Government Data in a Single Portal and Open Format

    PH0026, 2013, E-Government

  35. Starred commitment Initiate Fiscal Transparency in the Extractive Industry

    PH0027, 2013, Extractive Industries

  36. Starred commitment Improve the Ease of Doing Business

    PH0028, 2013, Private Sector

  37. Disclose Executive Budgets

    PH0001, 2011, Fiscal Transparency

  38. Access to Information Initiative

    PH0002, 2011, Right to Information

  39. Broader CSO Engagement

    PH0003, 2011, OGP

  40. Participatory Budget Roadmap

    PH0004, 2011, Participation in Budget Processes

  41. Local Poverty Reduction

    PH0005, 2011, Subnational

  42. Empowerment Fund

    PH0006, 2011, Capacity Building

  43. Social Audit

    PH0007, 2011, Public Participation

  44. Results-Based Performance

    PH0008, 2011, Capacity Building

  45. Performance-Based Budgeting

    PH0009, 2011, Capacity Building

  46. Citizen’S Charters

    PH0010, 2011, Capacity Building

  47. Internal Audit

    PH0011, 2011, Audits and Controls

  48. Single Portal for Information

    PH0012, 2011, E-Government

  49. Integrated Financial Management System

    PH0013, 2011, E-Government

  50. Electronic Bidding

    PH0014, 2011, E-Government

  51. Procurement Cards

    PH0015, 2011, Open Contracting and Procurement

  52. Manpower Information System

    PH0016, 2011, E-Government

  53. Expand the National Household Targeting System (NHTS)

    PH0017, 2011, Public Participation

  54. e-TAILS

    PH0018, 2011, E-Government

  55. Budget Ng Bayan

    PH0019, 2011, Fiscal Transparency