Friday, July 3, 2009

OSCE Meeting on Energy Security: Will Transparency Be on the Agenda?



The Organization for Security and Cooperation in Europe (OSCE) is meeting on July 6 to talk about energy security in Europe. I have looked at the agenda but don't see telltale signs such as the words transparency or accountability anywhere in sight. I would think that the US and Kazakhstan both of which are involved closely with establishing the international standard for transparency in the extractives sector would raise this issue. It's not only important that Kazakhstan do this as they are both preparing for validation as an implementing country but also as the incoming Chairman-in-Office of the 53-country institution. It is a reminder that the OSCE has not yet endorsed EITI while the EU and the OECD have done. This should be a priority for us to achieve with Kazakhstan in the lead role next year. Also transparency is vital to energy security as the EU and Ukraine recognized when they established this as a goal for their memorandum of understanding earlier this year.

Thursday, July 2, 2009

NGO Laws in Azerbaijan, Kyrgyzstan and beyond: apparent victory in the first round

There is an ominous pattern of attempts in certain natural-resource rich countries in the former Soviet Union to adopt restrictions on the NGO laws that regulate civil society. In Azerbaijan we have just witnessed an amazing effort to undercut the operating environment for NGOs by the Parliament; this has now been beaten back by a remarkable action by a civil society coalition in Azerbaijan supported internationally by governments, legal experts and activists. In Azerbaijan the proposed amendments would have had a direct impact on the ability of civil society to play its essential role along with government and companies in the multi-stakeholder process at the heart of the Extractive Industries Transparency Initiative. Among those directly and adversely affected would be the NGO Coalition for Transparency in the Extractive Industry and the National Budget Group, but of course the impact would reach far wider. Moreover this would have had a negative impact on Azerbaijani democracy more broadly. A functioning democracy requires a strong civil society with independent, sustainable non-governmental organizations. NGOs are essential to the development and realization of democracy and human rights as they promote public awareness; facilitate participation in public life and help secure transparency and accountability of public authorities.

Now, apparently, most of the harmful provisions have not been adopted according to international reports from EurasiaNet and from Baku.. We should watch this space for further detailed analysis from authoritative groups like the International Center for Not-for-Profit Law. Kyrgyzstan meanwhile has another draft law in its parliament awaiting action at some point in the future. There, too, vigilant attention has had a seemingly positive result for now, with a working group created with the President's secretariat to manage NGO relations and issues.

While an immediate crisis seems to have been averted the situation calls for vigilance and also reflection about what the basic requirements of civil society are to ensure that they play their critical role in the EITI and also in ensuring transparency and accountability.

Saturday, May 16, 2009

Oby: EITI at the Crossroads


Obiageli Ezekwesili, is one of Africa's great women. Vice President for Africa of the World Bank and formerly Nigeria's Minister for Solid Minerals Development and Chairperson of Nigeria's EITI , she is a strong-willed visionary who played a crucial role in the establishment of EITI when she represented Nigeria on the International Advisory Group and continues to support it from within the Bank.

So when she appeared somewhat unexpectedly at the EITI board it was a true pleasure. What she had to say was aimed to provoke thought in this select audience. As she addressed the national coordinators from some 25 EITI candidate countries she asked "What comes after validation?" While the EITI Rules are clear that validation gives a five-year certification of compliance, the question looms just over the horizon for 2010, when a number of candidate countries are likely to get the seal of approval.

Don't be fooled by her training as an accountant: Obi thinks on the grand scale and asks the larger questions of this experiment in transparency that is still proving itself, even as it gathers momentum. To her way of thinking the process of validation shouldn't be just a technocratic, bureaucratic exercise, culminating in a meeting with some reports to go unread on someone's bookshelf.

Oby sees EITI as potentially transformative, a trigger for change, and validation being a point to take the measure of what will have been achieved, by that measure of progress. EITI should be a way of showing how the private sector will have become an engine for change, how the private sector privileges quality environments where transparency provides a more stable attractive climate attracting foreign investment. For citizens EITI will show that opacity undermines the management and governance of the sectors that dominate their lives, and that they deserve and will get a different approach from their leaders and will have created the ability to put the politicians' old behavior on the table.

EITI is at the crossroads, looking at validation and what lies beyond. Without seeing EITI within the larger context, absent the ability to grow EITI and use its collateral benefits for broader change, it could end up as something of interesting for a small group of donors, the World Bank, government officials and an initiated group of civil society. Without connecting EITI to this broader agenda, we deprive it of its full potential and impact. What do we need to do before and after validation to achieve the goals consistent with Oby's ambitious vision?

Thursday, May 14, 2009

The White House is with Us





It was a long day of not the most scintillating stuff, board and committee discussions and the like, but it finished on a high note. At the World Bank's EITI reception Obama adviser Michael Froman stopped by to offer remarks. Froman is, of course, deputy assistant to the president and deputy national security adviser for international economic affairs, serving jointly at the National Security Council and the National Economic Council. He was seen at the President's side at the London G20 Summit, responsibility for which is among his important roles. So his coming by to welcome EITI was a big deal. Froman recalled that among President Obama's very first official acts he issued an executive order directing that "government should be transparent...government should be participatory...and government should be collaborative" and that every move the administration makes is thought through from this perspective. Among the key words of encouragement were "the Obama Administration strongly supports EITI" and notes its unique achievement of bringing together public sector, private sector and the nonprofit sector. Froman noted that transparency is good for companies good for countries, and good for investors. He called out Azerbaijan for being first through the validation process and also hailed Steve Gallogly of the US Department of State for his service to the EITI board. Froman was later seen mingling with guests from Liberia, Azerbaijan, and the Publish What You Pay US gang, Sarah Pray, Ian Gary, and Corinna Gilfillan. EITI, Revenue Watch and its friends were buoyed by the high-level show of support. Where do we go from here?

Wednesday, May 13, 2009

Down the tubes: Following Pipeline Revenues

A quick post on transit revenues, before the EITI board meeting starts: Revenue Watch and EITI are jointly hosting a workshop today on how and whether we include transit fees for piping or shipping hydrocarbon resources in the framework of EITI, which has quickly become the global standard for extractive revenue disclosure. In particular we will be looking at the European case mostly, of gas and oil that comes from the Caspian and Russia going through Ukraine and Bulgaria(or the Caucasus and Turkey) It's a tricky business for a number of reasons and the European case is in a way anomalous as the pipeline is owned by the consumers rather than by the producers as is normally the case. Then there is the murky nature of the midstream / downstream trade which in a way is even more riddled with corruption and of a pettier more brutal type than the upstream. If you haven't read it yet, do take a look at Global Witness' 2006 report It's a Gas Funny Business in the Turkmen-Ukraine Gas Trade and if you want a more technical view read Revenue Watch's Expanding the EITI Agenda to Transportation of Hydrocarbon Resources. Either way, European energy security and the great cause of good governance mean that this issue is not going away anytime soon.

Friday, May 8, 2009


It’s that time again. EITI “week” in Washington, DC.

Well, it’s been a while since I posted but I wanted my loyal readership to know what I have been up to since Doha. In March I spent a few days in Europe and took the opportunity to meet some of the new board members of the EITI. While in London Radhika Sarin the international coordinator of Publish What You Pay, Diarmid O’Sullivan and I visited with Tony Hodge who is President of the ICMM, the International Council on Mining and Metals. I also saw Stuart Brooks of Chevron along with my fellow PWYP colleagues Joe Williams as well as Diarmid from Global Witness. We got a chance with both of them to catch up on our various perspectives on the issues the new board of EITI will face. We also talked about about where EITI is heading – big picture, blue sky conversations, and also some of the nitty gritty of the board’s work. In Berlin I was hosted by Peter Eigen, Chairman of the Board of EITI, and he pulled together a half-day of roundtable meetings with German ministries and German NGOs. Unfortunately Ulla Mykota, the German EITI board member, wasn’t able to be there from Bonn, but I look forward to seeing her next week. Germany is so important for EITI and is also playing practically the leading role within the European Union in shaping relations with countries to the East, including the former Soviet states.



In fact a German company, RWE, Rheinisch-Westfälisches Elektrizitätswerk, just recently signed an MOU with the government of Turkmenistan for offshore gas exploration, the Oil and Gas Journal reports. Given RWE’s role in Nabucco it would also be good to hear about RWE supporting EITI. In Brussels I had an espresso with EITI Board member Henk Mahieu, General Counsellor, Dept. of Economic Issues, Ministry of Foreign Affairs. I hadn’t appreciated the extent to which Belgium is involved with natural gas and they have some major terminals for LNG as well.




Back home in the US I traveled to Houston, Texas, with Sarah Pray and Ian Gary (Oxfam) of the Publish What You Pay US campaign, to meet with ExxonMobil Production CEO Rich Kruger and John Kelley (another colleague from the EITI board). We then spent a couple of hours with Marathon, after a break for some pretty good Texas barbecue. The main item on the menu however with ExxonMobil and Marathon is the Extractive Industries Transparency Disclosure Act. PWYP US’ Open the Books campaign is making good progress and we are trying to communicate our respective positions and get a bit closer as the bill moves towards being reintroduced in the US Senate and the House with bipartisan support, which may be soon.

Looking ahead to the EITI week we have a number of interesting developments. As validation gets underway in earnest all of the National Coordinators will be in Washington getting their operations in high gear.

Revenue Watch will hold its board and advisory board meetings looking at everything from the natural resource charter, the commodities boom and the impact on extractives transparency, unpacking "package deals" and a hot new index to track transparency in resource rich countries. RWI is also holding a workshop on how transit revenues could be included into the framework of EITI based on a recent report looking at Azerbaijan, Ukraine, Kazakhstan and Georgia.

The EITI is going to look at progress of the now more than two dozen countries seeking to get validated as EITI compliant. Some are moving swiftly, like Liberia, Nigeria, Ghana, with Cameroon, Kazkahstan, Timor-Leste and Mongolia also doing well. There is reason for concern about other countries experiencing political or governance disruptions. If you look at the list of the countries you can more or less figure this out on your own but Publish What you Pay and Revenue Watch are also looking at the situation and trying to figure out what can be done to help the process along. Meanwhile more countries are still trying to get into EITI, proof that our brand is strong: Albania, Burkina Faso, Mozambique, Zambia and lately Afghanistan are all seeking candidacy. It will be a busy week.

Sunday, February 22, 2009

Relentless Pursuit

Apropos of my last post on Marc Ona I read an article in the New York Times today about Gabon, quoting Marc Ona. Also in the paper today was a piece by Jad Mouawad about Total's worldwide explorations, with particular emphasis on Yemen. In the case of Gabon - it's a country's dependence on oil and the impact on the environment of its relentless development; in the other it's a company's relentless pursuit of the resource. But for some reason, in neither account does the Times address the fiscal transparency aspect of this issue, which would seem like a worthwhile thing to do. That's something to keep pursuing -- relentlessly.

Tuesday, February 17, 2009

Marc Ona Essangui



Marc Ona Essangui couldn't make it to Doha from Gabon. Let's raise his name at the EITI Stakeholder Forum.

Make Transparency the Vector of Growth



Today the keynote speakers took center stage to explain why this movement is gaining momentum. It's a matter of will. Ellen Johnson-Sirleaf, president of Liberia made the biggest impression. Liberia has come so far, so fast. The reason? The single issue that changed Liberia was political will -- her political will -- to make space for civil society, parliament and government to play their roles. That will made everything else possible. And when you look at some of Liberia's neighbors that have made less, little or no headway against corruption - you see how much difference her political will has made for her people.

As Peter Eigen and Jeroen van der Veer reminded us: it's that unique multistakeholder initiative.

I also liked what the Deputy Prime Minister of Qatar, Sheikh Abdallah bin Hamad al al-Attiyah had to say. He's a straight-talking, insightful, affable Sheikh. Reinforcing the point of Johnson-Sirleaf he said "corruption has no country, no religion, no nationality." He touted Qatar's code of conduct and its high ranking on the TI Corruption Index. Best of all he was genuinely in his element on the subject and kept extending the session to allow more and more questions and discussion.

And now it's the economy itself that imho is rewriting the rules and calculations for how extracting countries think about being transparent in their business dealings and how we think about making the case for it. Throughout the day different speakers emphasized that the current financial crisis has revealed just how much investors need accurate information to make good business decisions; one reason banks haven't lent as much as they should have is that they can't evaluate risk properly. At one point, on a different panel, Karina Litvack of F&C Asset Management said it short and to the point: "Make transparency the vector of growth." (I am not exactly sure what a vector is but it sounded really persuasive).

George Soros said it in his remarks: "investors have have become severely risk averse. Instead of investors competing to pour money into resource rich countries, countries and companies will have to compete to attract needed capital. Information will be at a premium in this new market climate. Investors will want to see your books and they will want to know that the numbers can be trusted. They will want to see political stability. So countries should compete on transparency, accountability and good resource governance because financial regulators will be demanding more disclosure from governments and companies that want to raise funds in their markets."



"...in this difficult financial climate, resource rich countries that implement EITI will have a competitive edge. EITI not only makes vital information public and verifiable. It also promotes a level of trust among the country’s stakeholders that encourages investment."




Ho hum "We are very grateful to the Qataris for hosting us here in Doha" is something I have heard a lot from the dais here. In fact I do think it is very important that a country like this signed up to host the conference, and it has been most generous of them as well. We need them as part of the movement for sure and their interest underscores that this is becoming more and more mainstream, a stated objective of the movement. But is it okay for folks to whine a little, too? It's the familiar brand of cognitive dissonance that comes of anti-corruption activists and officials sipping cappucinos at the Ritz Carlton. It's a coming-of-early-middle age moment (like turning 30). So part of it may just be that the process is maturing and feels a teeny bit as if some of the edge has been lost. It's that feeling you get after 2 exhilarating hours hashing out best practices of accounting and reporting templates. But it's also the way it was when I was 30; I am not worried, it is empowering to be more in charge of your future. And there's plenty of fight, passion, energy,optimism and righteousness to go around still, once we get back to the reality of the places that need EITI to be more open, more just, less poor. So if you have been feeling a little anomie think of it this way: you will have been doubly grateful to be here so that when you do leave you will feel more connected to the mission again. And just to help, we did have that very nice PWYP reception with virtually no snacks except for a few little bowls with oddly chewy peanuts. That's more like it!



It's okay, Gavin, just one more day.

Monday, February 16, 2009

A New EITI


Okay, so it was cool to be elected today to the EITI board. But let's talk about what was actually a little bit interesting if you had been with me at Doha today.

Big-picture macroeconomic 'aha' moment: listening to George Soros speak at the National Oil Company workshop put on by Revenue Watch. I have gotten to listen to George quite a bit on the financial crash and the broader economic crisis over the past few months. Today what I heard that was new and fascinating was how he connected them to the collapse of oil prices. He observed that as the financial crisis gathered pace with the sub-prime mortgage meltdown two things happened: first of all, there was an increasing tendency for investors to seek profits by accumulating natural resources as a hedge; this led to a boom and a bubble in oil prices, partially explained by the fact that the market bought into the deceptive notion of Peak oil. (It's misleading because the half-life of oil projects can move a lot depending on the price, so in fact the potential for creating new energy can be considerably more elastic than the markets believe). Oil prices rose through 2008 without a corresponding rise in demand or consumption. Second, as the credit crunch progressed the dollar declined; this facilitated the price rise but paradoxically also a production drop as it became tempting for producers to keep the oil in the ground rather than monetizing above ground. To do so would have been to take an appreciating commodity and decrease its value by selling it for progressively depreciating dollars. Got that?

At the EITI board the clear emotional highpoint was the validation of Azerbaijan as the first EITI compliant country. As the motion passed the vote someone (was that Karina?) let out a whoop which brought on sustained applause. The most righteous moment was civil society board members' clear and strong statements making it plain that Gabon's treatment of Marc Ona was totally unacceptable; in seeing off Gabon's board membership civil society and the others (including the US) made an implicit pledge to keep absolutely vigilant in the protection of civil society actors in the future. I got the sense in the subsequent discussion that Gabon would have wanted to stayed on the board, but their plans to do so just didn't materialize. Translation: Marc Ona may have been successfully intimidated, but Gabon won the battle but lost the...well just lost this battle for now; hence they were left to twist in the wind with nary a statement of support from governments or companies, save the valedictory praise from our Olympian, for providing the occasion for a "healthy" discussion.

At the Constitutional meeting the EITI Association was founded by a throng of activists in business attire. Why is Jonas Moberg looking at me that way?




An activist questioned the Chairman and Head of the Secretariat about a Mauritanian's candidacy as an alternate on the board.

Breaking-new-ground moment Lorenzo Delesgues of Integrity Watch Afghanistan and Haroun Mir of the Afghanistan Center for Policy Research and Studies flew in from Kabul. IWA has done a very good report (and the only publicly accessible one I know)on the Aynak copper mine deal with China, a staggering $3 bn investment from China Mettalurgical and others. I don't think this deal has gotten the attention it deserves: it might help create some balance between the drug and non-drug parts of Afghanistan's GDP. It was very cool that some of the sharpest minds on Afghanistan took part: Saad Mohseny and Ahmed Rashid.

Celebrity moment of the day Delegates nibbled kebabs and coconut rice under the palms with the former president of Botswana, Azerbaijani Finance Minister Samir Sharifov, the Qatari Minister of Oil and Gas, Liberian President Ellen Johnson-Sirleaf. These are the kind of progressive international political personalities that make natural resource transparency nerds like me very excited.

The putting-it-all-back-into-perspective moment Over drinks with Oxfam's indomitable Bennett Freeman Simon Taylor inspirational director of Global Witness said: "I am amazed at how far we've come in so short a time, but there's still so much left to do. I mean, Jesus Christ! we won the basic argument back in 2002 and still in 2009 we have only partially succeeded in some places in accomplishing it."

A good thought going in to tomorrow's meeting.


Neophyte blogger revelation that I don't need to reveal: I am still figuring out uploading and layout of photos. But you get the general idea.

Sunday, February 15, 2009

Personal Statement

As we are all gathering here in Doha for the meeting that is going to elect the new board I thought this is as good a time as any to make sure my public statement is accessible, though many of you would have been interested saw this when Radhika Sarin sent it out recently.



Personal Statement of Anthony Richter
Chairman, Governing Board, Revenue Watch Institute


The global economic and financial crisis currently unfolding will present significant opportunities for national and international regulatory reform, strengthening efforts around the global standard in extractives transparency, the Extractive Industries Transparency Initiative. The climate for reforming industry and the attendant financing, insurance and regulatory architecture will likely never be more propitious than it is presently. To ensure this time is used to the fullest potential, vigorous civil society membership on the board of EITI at this time will therefore be especially important.

I believe my background both working with civil society and extractive issues prepares me well for board membership; I have a deep and wide network of contacts within the field and am known personally by all of the current civil society members of the EITI board. I have been involved in the issues for nearly a decade. In 2001 amidst high interest in the new hydrocarbon deals in the former Soviet Union I launched the Caspian Revenue Watch project at the Open Society Institute as a way to promote a discourse of accountability and citizen engagement. In 2003 we expanded the work to hold to account the US-led occupation of Iraq and control of its oil revenues. Throughout these formative years I was also responsible for seed funding of grassroots movements on extractives in the former Soviet Union and Mongolia, and gave the start-up fund to PWYP-US. In addition I brought in international NGOs such as the International Budget Project to build capacity and partner with groups in producing countries to monitor expenditure of these revenues. The first publication we issued at Revenue Watch, a civil society manual, Follow the Money, translated into many languages, is now being used to orient civil society activists from Africa to Afghanistan.

Since Revenue Watch Institute became an independent organization in 2006 I have served as chair of its Governing Board and maintain links to civil society through our program of capacity-building, research and advocacy alliances around the world. Second, I travel extensively to Asia, Africa, Latin America, Middle East and Europe. At the Open Society Institute where I am the Associate Director I am deeply engaged in our work in the Middle East, South and Central Asia. I frequently seek the opportunity to meet with related civil society groups in countries where EITI works, or could be expanded. I also am engaged in promoting EITI expansion in new places where I think there is promise and scope, recently in Afghanistan, Kuwait and Turkmenistan. Based in New York, I also travel frequently to Washington for OSI.

If selected for EITI board membership, a particular priority would the promotion and protection of civil society perspectives within EITI. Civil society is an essential source of innovation, vigilance and vitality that enhances the country process, as demonstrated by the inclusion of forestry in Liberia’s process, sub-national reporting in Peru, and corporate social responsibility payments in Ghana. In particular I will stand up for the vigorous defense of civil society harassed and intimidated in EITI implementing countries. The cases of Gabon and Congo Brazzaville are as disturbing examples here that we do not want to see repeated in other implementing countries. The free and independent participation of civil society in the EITI process is fundamental to the entire multi-stakeholder approach.

A second priority is representing civil society as the EITI enters a crucial stage of the validation process where countries will be judged to be compliant or not, a technical as well as a political process. This will require dedication to EITI’s principles, sound judgment as well as the capacity for dialogue.

A third priority for my tenure in the EITI board would be to support passage of the Extractive Industries Transparency Disclosure Act in the United States. I will work with all civil society, other civil society board members and particularly those in the US, working closely with the PWYP US coalition members. I will also be ready to meet with US industry and USG representatives as the new congress and the new Administration take forward their commitment to transparency and accountability, and push for the United States take its place as a fully compliant implementing country in the Extractive Industries Transparency Initiative.

On a final note - I would be interested to explore creative formats for making my own membership transparent and accessible: I have started this periodic blog, a Twitter account, and the like. I will be open to your ideas.

Saturday, February 14, 2009

Arrival blues...

Well, we are not getting off to a good start here, but I guess that happens quite a bit with international travel. Apparently the Sierra Leone delegation was deported from Doha airport after a visa problem. Last I hear they're still nearby, relatively, in Bahrain, and are trying to figure out a way to get back and try again. I wish someone had been able to prevent this and better yet, would get on top of this and fix it. I guess that's the responsibility of the hosts. Sometimes when you try out new venues for international conferences it doesn't always come out smoothly and you don't know why mistakes like this happen. Let's hope it's something trivial and we can get back to the main work at hand

will Azerbaijan be validated at Doha?

The flight from JFK to Doha was smooth and I have had hours and hours to read all the briefing documents for the EITI board meetings here. A big question awaiting us in Doha is the first validation of any country as part of the process. It's absolutely critical that there be a legitimate and credible process and that EITI keeps it moving forward. There are 24 candidate countries now. But someone has to go first. That would be Azerbaijan. There have been many discussions about their validation about whether or not there is a real multistakeholder group. I am remembering now that we got started partnering with Azerbaijani civil society partners quite a number of years ago, with Sabit Bagirov, Ingilab Ahmedov, Galib Efendiyev; then Ilham Aliyev, still not president of Azerbaijan, but with the support of his father, the late Heydar Aliyev, came to London and announced support. So now, it looks like they will be the first. If they are, will they stay true to the process and empanel a permanent Multistakeholder group and continue to publish regular reports? I hope so. And I hope they don't just rest on their laurels but deepen EITI in their own country. It will make for a good precedent; and also a better celebration in Baku later this year.

RWI is in the house.

The first part of the RWI team arrives in Doha
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Saturday, February 7, 2009

Letter to Secretary Clinton

Letter to Secretary Clinton
This is a good place to start my blog which for the time being will focus on extractive industry transparency issues that I am following as a new civil society board member of the Extractive Industries Transparency Initiative (EITI). About me: I created a project several years ago, the Caspian Revenue Watch which eventually evolved into what is now the Revenue Watch Institute

I am posting a letter sent by several US members of congress and Senators to Secretary of State Hillary Clinton. The letter argues for vigorous support of EITI and the US role in it. I think this is an important statement demonstrating that there is growing awareness and political will in the United States to back EITI.