Parliament and Extractive Industries: Unit 5: Stage 2. Contracts

 

Unit 1 Questions

Please answer each of the following questions.  If you are taking this course in a group you may then meet to discuss your answers.

Regarding procurement processes in your country:

  1. What is the legal basis for the ownership and management of extractive industries in your country? What does the constitution say? Is there a sector law? What are the main pieces of legislation regarding the EI sector? Are they clear? Do they contradict?

  2. Does your country have a National Oil or Mining Company? Compare the mandate, governance and rules and regulations regarding your country‘s NOC to the best practices you have read in this chapter. Focus especially on transparency, and oversight/monitoring.

  3. What is the procurement process for exploration or exploitation licenses for natural resources in your country? How does that compare to the best practices described in this unit?

  4. What is the role of parliament in the procurement process? Can it oversee and observe the selection process?

  5. Does parliament have access to the full contracts and agreements? Are the contracts available to the public? How are they accessible? Explain how this relates to a Freedom of Information law.

Relevant Internet Resources

The Natural Resource Charter: http://www.naturalresourcecharter.org/

Parliamentary Strengthening: http://www.parliamentarystrengthening.org/

United States Energy Information Administration: www.eia.doe.gov

 

Select Bibliography

National Democratic Institute (2007) “Transparency and accountability in Africa’s Extractive Industries: The role of the legislature” NDI

World Resources Institute (2009). “Breaking Ground: Engaging Communities in Extractive and Infrastructure Projects”

Extractive Industries Value Chain. A comprehensive integrated approach to developing extractive industries. Eleodoro Mayorga Alba. Extractive Industries for Development Series #3, Africa Region Working Paper Series #125. March 2009, The World Bank

International Council on Mining & Metals. (2005). “Mining and Indigenous Peoples Issues Review”

International Council on Mining & Metals. (2008). “Position Statement Mining and Indigenous Peoples”

World Bank. (2009). “Mineral Rights Cadastre. Promoting Transparent Access to Mineral Resources”. Extractive Industries for Development Series, #4, June

Revenue Watch Institute. (2008). “Drilling Down. The Civil Society Guide to Extractive Industry Revenues and the EITI.

Bank Information Center (2007) “Transparency of Extractive Industry Contracts: The Case for Disclosure.”

Revenue Watch (2009) “Contracts Confidential: Ending Secret Deals in the Extractive Industries”.

Chatham House (2007) “Report on Good Governance of the National Petroleum Sector”, Institute of International Affairs

 

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