AEITI Multi Stakeholder Group

Transcription

1 72833 AEITI Multi Stakeholder Group Terms of Reference Approved by minutes of 9th MSG meeting on 21st of December Introduction Afghanistan Extractive Industries Transparency Initiative (AEITI) was set up to help promote the efficient and effective management of revenues received from extractive resources in Afghanistan, in line with international standards. The AEITI enables the management and use of revenues in accordance with the EITI Principles and Criteria, such that transparency, inclusiveness and openness in the management of extractive resources are viewed as engines for sustainable growth and national development. The AEITI Multi Stakeholder Group (MSG) is the supporting body for EITI implementation in Afghanistan. The AEITI MSG structure is explained below. The Government, Civil Society and the Extractive Sector are hereinafter referred to collectively as the Parties. 2. AEITI MSG Structure: The AEITI MSG consists of the following Parties: i. Government ii. Civil Society iii. Extractive Sector The AEITI MSG is led by the designated AEITI Chair, Co-Chair and AEITI National Coordinator. The invitation for participation in the MSG is open and stakeholders can operate as part of the group and are adequately represented. Each party has the right to appoint their own representatives, bearing in mind the desirability of pluralistic and diverse representation and also must have the capacity to carry out their duties. The civil society members of the group are independent of government and/ or the private sector and are free to express opinions on AEITI without undue restraint. The role of donors and representatives of different national and international institutions in the MSG is as observers. AEITI MSG ToR 1

2 3. Strategic Objectives Ensure conformity with the principles and criteria of the Extractive Industries Transparency Initiative in the governance/management of extractive resources in Afghanistan Ensure budget for AEITI is included in National Budget Develop a 3 year strategic framework for AEITI, reviewed and updated as necessary Develop a 12 month AEITI work plan for each year, reviewed and amended as necessary Monitor implementation of the EITI work plan with the support of the AEITI Secretariat (via the National Coordinator) Determine and agree scope of the annual AEITI audits in Afghanistan: o Develop reporting templates in line with EITI best practice o Develop and disseminate guidelines on which companies must report and how they must report o Appoint (annually) an independent auditor to reconcile revenue and payment data via open competitive tender o Ensure that the AEITI reports are published and widely disseminated Identify weaknesses and capacity constraints in the governance of the sector and propose, define and implement measures to address them Ensure that AEITI meets all validation criteria within the designated period (deadline for validation August 2012) and maintains its compliant status going forwards Ensure the AEITI Secretariat is adequately funded and staffed. 4. Responsibilities towards Strategic Objectives A. The Government Ensure EITI implementation at country level Remove obstacles to AEITI implementation Commit to work with civil society and extractive sector companies Participate productively in term of policy and operational support Carry out an assessment of obstacles in the legal and regulatory framework that may affect implementation of AEITI and propose or enact legal or regulatory changes designed to enable transparency Direct communication with companies, allowing greater transparency Agree Memorandum of Understanding setting out agreed transparency standards and expectations between government and companies Introduce/amend legislation and/or regulations making it mandatory that companies report as per EITI Criteria and agreed reporting templates Ensure that company reports are based on audited accounts to international standards Ensure that government reports are based on audited accounts to international standards. Ensure all documents related to Afghanistan s natural resources are available to AEITI MSG upon request. AEITI MSG ToR 2

3 B. Civil Society Commit to engage in the process of EITI implementation in full collaboration with the AEITI Secretariat Participate productively in terms of policy and operational support Fully engage with the AEITI Secretariat on outreach programme to wider civil society groups and extractive sector companies, informing them of the government s commitment to implement EITI and the role of companies and civil society Establish a positive relationship with the AEITI Secretariat and MSG to pave the way for the smooth and successful implementation of AEITI. C. Extractive Sector Commit to EITI implementation Participate productively in term of policy and operational support All extractive sector companies should disclose material payments to the government in accordance with the agreed Reporting Templates All extractive sector companies should disclose agreed data, which must be audited to international standards All extractive sector companies should support AEITI implementation by expressing public support for the initiative, support the MSG process and cooperate with the Validator where they have queries over company forms during the validation process Each country level active extractive sector company being validated should complete a country level company self-assessment form and submit it to the Validator If the Validator has additional questions or requires further supporting information, companies should respond positively to such requests Each international level extractive company that has made an international commitment to support EITI should complete an international level company self -assessment form and submit it to the Validator Completed international level company self-assessment forms should be sent to the EITI Secretariat who will put it on the EITI website. AEITI MSG ToR 3

4 5. Membership i) Composition The AEITI Multi Stakeholder Group comprises of 23 members in the following order: 3 seats for AEITI Secretariat 6 seats for the Government 6 seats for Civil Society (at least one seat for academic representative) 6 seats for Extractive Sector 2 seats for Parliament (One seat for Upper House and one seat for Lower House) The Executive Chair is the designated EITI Champion (Minister of Finance) and Cochair Minister of Mines. The Secretary of the MSG is the appointed Head of AEITI (National Coordinator). Each party will appoint its own Chair and Secretary, both of whom must also be among the selected seats on the MSG. Each party will develop its own set of governance procedures for MSG membership and participation, including selection criteria of members, rules for participation, frequency of meetings and wider engagement with non-msg representatives of that party. The governance procedures will be shared with and approved by the wider MSG. Each member of the MSG will name an Alternate who will attend the MSG meetings on that member s behalf in case they are not able to attend. This Alternate must have delegated authority to voice opinions and vote on matters arising during meetings. If any member of AEITI MSG and his/her Alternate misses two consecutive meetings without prior notification and legitimate reasons, his/her MSG membership will be terminated. ii) Tenure Apart from the Head of AEITI (National Coordinator), each member of the MSG (excluding the Executive Chair) will be appointed for a three yeasr term. Each respective party of the MSG will nominate candidates for the following MSG term in due course. After the appointment of the first EITI Champion/Executive Chair, all succeeding AEITI Champions/Executive Chairs will be appointed by the President or Cabinet, on the inaugural meeting of the MSG. iii) AEITI Working Groups Working groups will be formed from among members of the MSG as and when deemed necessary for the purpose of discussing and working on specific AEITIrelated matters. Working groups will not have the delegated authority to make decisions, unless by prior agreement of the whole MSG. AEITI MSG ToR 4

5 6. Meetings The MSG will meet a minimum of, but not limited to once every eight weeks. Each party of the MSG will meet at least, but not limited to once every four weeks. Materials for the MSG meeting will be distributed ten days before each MSG meeting. Quorum at the MSG meetings will be when at least 10 members are present and when at least 50% of the members of each party are present. Note: the AEITI Secretariat and donors/observers will not take part in voting, only 20 members of AEITI MSG i.e. the Government, Civil Society, Extractive Sector and parliamentarians shall have the power to vote. i) Meeting Reporting Full minutes for each MSG meeting (attendance, summarised statements and action points) will be prepared by the Secretariat, shared with all MSG members and made available on the AEITI website, within one week of the meeting being held. ii) Decision making In the first instance, decisions will be reached by consensus on both the MSG and in the parties. Where this is not possible, decisions will be made by vote. iii) Observers The MSG will agree on who is permitted to attend the MSG (and working group) meetings as observers. 7. Reporting i) The MSG will submit an Annual Report to the President ii) The Executive Chair will report to the appropriate committee in Parliament when called to do so iii) The Executive Chair will also report to the Inter Ministerial Commission (IMC) on Mining when called to do so iv) The outsourced annual AEITI audit reports will be presented to the Cabinet for review and approval no more than six weeks after the draft report has been submitted. AEITI MSG ToR 5