The following case study is an example of good practices that were observed and detailed in Protecting the Cornerstone: Assessing the Governance of Extractive Industries Transparency Initiative Multi-Stakeholder Groups, published in February 2015.
This case study describes good practices for the initial outreach and selection of civil society representatives to the MSG, observed in the Philippines. This case is in Box III in Annex II of the Report (on page 91), which is also available independently as a Guidance Note for Civil Society Participation in the EITI (on page 12).
Good Practices in Initial Outreach and Selection of Civil Society Representatives to the MSG (from “Box III: Case study of initial CSO selection and outreach in the Philippines”)
In July 2012, the President of the Philippines issued an executive order that announced the country would support and participate in EITI [FN 1]. The order stated that the government department responsible for establishing EITI should do so “in consultation and coordination with the mining industry and other concerned stakeholders” [FN 2]. An interim MSG was appointed, and the national PWYP coalition, Bantay Kita, was tasked with facilitating the selection process for the five CSO representatives in the MSG. Bantay Kita’s mission, governance structure, membership criteria were publicly available, including CSOs active in extractive industry issues, thereby bolstering its credibility, and it had access to sufficient resources to facilitate a country-wide selection process.
While there were some CSOs that were already familiar with EITI, Bantay Kita elected to conduct an outreach program to inform interested CSOs across the country about EITI and seek their feedback [FN 3]. A special effort was made to include community-based organizations operating in mining-affected areas. Bantay Kita recognized these organizations as a central stakeholder group, given their focus on extractive industry issues and proximity to affected communities. The consultations’ objectives included enabling CSOs to develop a network and agenda relating to EITI, to establish suitable criteria and selection processes for the MSG representatives, and to find strong candidates.
The outreach began in October 2012 with a training event focused on EITI in Manila. In total, 27 participants received training from CSO experts from the Philippines, as well as CSOs with EITI experience in neighboring countries, such as Timor-Leste and Indonesia. The participants in the training were then asked to assist with facilitating regional meetings.
The regional consultations were held in five regional centers, covering all three major island groupings in the Philippines, during November 2012. Bantay Kita announced the meetings on social media, and invited participants through its networks, as well as the networks of other accountability and advocacy coalitions. In total, over 80 people from approximately 40 different regions or provinces participated in the local consultations. Many individuals from different CSOs praised the inclusivity and structure of the consultations, including those who ultimately had concerns about EITI being established in the Philippines.
Selection Process and Criteria for CSO Representatives
After the conclusion of the consultations, a process for selecting CSO MSG representatives was facilitated by Bantay Kita that drew on the CSO and expert feedback provided during the training and consultations. It was agreed that, of the five CSO representatives, at least two should be women. In addition, at least one grassroots representative from a mining-affected community was required. It was stated that they should strive for a mix of community-based organizations and NGOs, as well as broad geographical and inter-generational representation. When the selection process took place, it was further agreed that there must be strict geographical diversity, with a CSO representative from each of the three island groupings, and two from the capital area.
The selection process was transparently recorded and can be viewed as an annex to the Philippines EITI Candidature application on the EITI International website [FN 4]. It was agreed that a screening committee, comprising individuals from each of the three island groupings in the Philippines, would be established to vet all nominees for compliance with the core criteria and requirements. These criteria include that [FN 5]:
- The nominee “must not have any affiliation, any direct or indirect engagement, or conflict for interest with the extractive industries whether past or present” [FN 6]; and if the nominee had received any compensation or grants from a mining company, they had to provide justifications for compensation and relationship to the company.
- The nominee could demonstrate strong negotiation and public relations skills, a commitment to the principles of PWYP, and a history of and integrity in advocacy. In addition, the nominee had to hold membership in a legal organization, or be affiliated to a credible organization, and be endorsed by one of the organizations that participated in the CSO EITI consultations.
In addition, the nominees were required to provide a letter expressing their commitment to attend and be prepared for all MSG/EITI activities. The letters also had to outline their relevant expertise, as well as identify any associations or interests in the extractive industry.
In January 2013, the selection process took place. Over 65 individuals from CSOs across the country participated, and a number of international CSO representatives joined. Ultimately, however, no voting was required, as ten individuals were nominated for the ten positions (five official MSG members, five alternates). It was, therefore, agreed that the nominees should determine who would be regular versus alternate members, based on their availability and respecting the gender and geographic diversity requirements.
Development of a CSO agenda and mandate
A clear agenda and mandate for the CSO representatives was also developed. It included a number of issues, such as: ensuring reports are disaggregated at the operational level for each company, and include political contributions; recommending that the government go beyond minimum compliance in EITI; including reporting on human rights and environmental issues; and, eventually becoming a venue for reviewing companies’ compliance with contracts, and tracking expenditure of revenues from extractive industries.
In addition, community-based organizations and elected local officials also encouraged capacity-building to support implementation of a sub-national process, which would enable accountability at the local level and encourage the inclusion of small-scale mining (see Box 9 in Part 4.2 of the Assessment of Multi-Stakeholder Governance in the EITI Report).
[FN 1: The President of the Philippines, Executive Order 79, Institutionalizing and Implementing Reforms in the Philippine Mining Sector Providing Policies and Guidelines to ensure Environmental Protection and Responsible Mining in the Utilization of Mineral Resources (6 July 2012).] [FN 2: The President of the Philippines, Executive Order 79, Institutionalizing and Implementing Reforms in the Philippine Mining Sector Providing Policies and Guidelines to ensure Environmental Protection and Responsible Mining in the Utilization of Mineral Resources (6 July 2012), § 14.] [FN 3: Cielo Magno Report on the CSO Consultations on the EITI Implementation in the Philippines (Bantay Kita, Undated) (which provides a detailed account of the outreach program).] [FN 4: Cielo Magno, Report on the CSO Consultations on the EITI Implementation in the Philippines (Bantay Kita, Undated). Also, Philippines EITI Candidature Application, Annex J, available at https://eiti.org/files/philippines/2013-04-ANNEXES-PH.pdf.] [FN 5: Cielo Magno, Report on the CSO Consultations on the EITI Implementation in the Philippines (Bantay Kita, Undated), 16.] [FN 6: Cielo Magno, Report on the CSO Consultations on the EITI Implementation in the Philippines (Bantay Kita, Undated), 16.]