Showing posts with label EITI. Show all posts
Showing posts with label EITI. Show all posts

Wednesday, August 29, 2012

US Dodd-Frank Bill Hoped To Benefit Oil Transparency in Cambodia

The US-listed oil giant Chevron is investing in offshore oil extraction in Cambodia, through a locally registered company.

The disclosures must also be made available online to the public, according to the law.

29 August 2012
Sothearith Im, VOA Khmer

WASHINGTON DC - A US regulatory agency has approved a section of a new law that transparency advocates say could help with resource revenue in Cambodia.

On Aug. 22, the US Securities and Exchange Commission approved a section of the law meant to protect consumers and improve financial transparency in the wake of the 2008 financial meltdown.

The Dodd-Frank Wall Street Reform and Consumer Protection Act requires the disclosure of payments by US stock exchange-listed companies to foreign governments for exploration and production of oil, gas and minerals. The disclosures must also be made available online to the public, according to the law.

That means a company doing business with Cambodia will have to report any payment, which includes “taxes, royalties, fees (including license fees), production entitlements, bonuses, and other material benefits,” the law states.

Friday, September 23, 2011

Calls for Kingdom to join transparency group

Friday, 23 September 2011
Don Weinland
The Phnom Penh Post

A new US commitment to oil and mining transparency may push the Kingdom closer to a similar agreement, Cambodian experts have said.

US President Barak Obama announced earlier this week that the US would join the Extractive Industries Transparency Initiative as an implementing country, according to a White House statement. The pledge, the first from a G8 country, commits the United States to public disclosure of revenues from oil, gas and mining assets.

Cambodia considered EITI membership in 2007 but has since declined to sign on.

The signatory status of the world’s biggest oil consumer, however, could result in more pressure on the Kingdom to do the same, Cambodians for Resource Revenue Transparency (CRRT) chairman Mam Sambath said yesterday.

Wednesday, September 22, 2010

State must be become transparent

Tuesday, 21 September 2010
Eleanor Nichols
Global Witness
Letter to The Phnom Penh Post


Dear Editor,

Steve Finch is right: The Cambodian government must do more to disclose payments made by companies operating within the country’s extractive-industries sector (“Go further with disclosure and embrace EITI, September 10).

The Ministry of Economy and Finance’s recent publication of revenues from the extractive industry for the first half of 2010 is a welcome first step towards improving transparency within a notoriously opaque sector.

However, it remains unclear whether the 112.21 billion-riel payment received in March 2010 corresponds to the US$28 million payment made by French oil company Total in January for rights to offshore Block 3.

The continued uncertainty reiterates the need for the kind of transparency offered by the Extractives Industries Transparency Initiative, which if implemented would give public access to such detailed information.

But regardless of how long the Cambodian government takes to endorse the EITI, many of the international petroleum companies currently allocated exploration rights in Cambodia will soon be required to disclose information on all payments they make to the government.

The recently passed United States Financial Reform Bill requires companies registered with the US Securities and Exchange Commission to disclose all payments made to foreign governments on a country-by-country basis, as a condition of their stock exchange listing.

Eleanor Nichols
Global Witness

Friday, September 10, 2010

Go further with disclosure and embrace EITI

Friday, 10 September 2010
Steve Finch
The Phnom Penh Post

"...it should be noted that countries with a far worse reputation on corruption than Cambodia have gone a great deal further on disclosure"
THE Ministry of Economy and Finance at the end of August again published data on extractive industry revenues – a sign the government is committed to at least a low level of transparency in this sector.

But this is just the first step. Just how far will Cambodia go in terms of full disclosure, and when?

Figures released in a national budget overview on August 23 showed the government needs to improve transparency as soon as possible, not least because oil, gas and mining revenues are increasing dramatically meaning more money is at stake.

In the first half of 2009, the Kingdom generated just 6 billion riels (US$1.45 million) in extractive industry revenues, a figure that multiplied 20 times in the same period this year to 118.49 billion riels, or $28.56 million.

We only know that because the government started to publish oil, gas and mining revenues for the first time last year.

When Finance Ministry Secretary General Hang Chuon Naron disclosed a $26 million payment by French energy company Total at a presentation in March, a snapshot of the government budget showed the same payment allocated for January.

But in the latest budget disclosure, there are no extractive industry revenue payments listed for January 2010, only a $27 million payment made in March.

Is this the same payment? Hang Chuon Naron and Finance Minister Keat Chhon were both unavailable for comment yesterday.

Although Cambodia has made an important first step towards transparency, the government should go further by embracing the industry standard – the Extractive Industries Transparency Initiative.

By only going a certain distance, although the budget is less opaque, in many ways the current level of disclosure simply raises more questions that it gives answers.

In May, Cambodia received 6.28 billion riels from the sector according to the published version of the state budget, more than was generated for the whole of the first half of 2009.

Where did this payment come from?

The first step for the government in becoming an EITI candidate country would be to disclose oil, gas and mining revenues in full and allow private companies to do the same.

The EITI itself, along with a multi-stakeholder group, would then oversee this budgeting process – the idea is that the possibility for discrepancies between the two accounts dissuades graft.

Again, Cambodia has already gone halfway towards this standard. The government has permitted civil society groups including NGO Forum to act as observers on an inter-ministerial extractive industries working group that considers revenue transparency.

Crucially, civil society groups say they have previously applied for permanent member dialogue status but were denied.

Although there is understood to be differing opinions on EITI compliance within the government, it should be noted that countries with a far worse reputation on corruption than Cambodia have gone a great deal further on disclosure.

Chad, which lies 17 places lower than the Kingdom on Transparency International’s corruption perception index, in April became an EITI candidate, meaning it will now begin “double disclosure” of all sector payments – the state and private companies will publish payments
separately.

Iraq and Afghanistan, which between them occupy two of the bottom five positions on the corruption index, committed to the same EITI process in February. Now it should be Cambodia’s turn.

Thursday, August 19, 2010

SRP MPs' letter to US Senator John Kerry on concerns over Oil Revenue transparency


KINGDOM OF CAMBODIA
Nation Religion King

NATIONAL ASSEMBLY

Senator John Kerry
Chair
Foreign Relations Committee
US SENATE
218 Russell Senate Office Building
Washington, D.C. 20515

August 12, 2010

Dear Senator Kerry,

We, the Parliamentarians of the Sam Rainsy Party of the Kingdom of Cambodia, are encouraged by the passage of the extractive industries transparency amendment to the recent finance legislation in the United States. The impact in Cambodia of this transparency provision will be significant as we approach the risk-laden task of managing of our newly discovered off-shore oil supplies.

Cambodia is ripe for disastrous extraction of our oil reserves. The use of our country's natural resources has been nothing short of tragic. We had an opportunity to turn mineral, timber and sand reserves into a sustainable flow of income for national development. Instead, 99-year concessions for enormous swaths of land were provided to companies in exchange for private pay-offs to a small number of associates at the top of the ruling political party. Environmental and social impact assessments are not performed. Quite to the contrary, the military is employed in forcing local residents off of land they have inhabited for decades,' and in denying access to the sites to environmental investigators.

We expect this pattern to repeat itself in our nascent oil extraction industry, which is why we welcome the United States' new law regarding transparency.

One of the challenges in Cambodia is that the government does not disclose its financial transactions with extractive companies. It appears that monies are paid directly by foreign companies to top government officials to access the rights to our resources. When payments are published by the companies, the Cambodian citizenry can then use this information to question where it is going.

Historically, payments published by companies have not matched the revenues listed in government documents. In particular, it appears that "signature bonuses" have been exploited as bribes, causing the more scrupulous among foreign extractive companies to walk away from the deal, leaving those with lower standards to manage our resource extraction. The rights to use our nation's natural resources are negotiated and signed away from public scrutiny, and the ensuing flow of funds from the companies to the government and its ministers is not published for us to examine.

This is why the legislation passed by the United States provides us with a beacon of hope. The Cambodian government does not publish information about the revenues gained from resource extraction and avoids questions from Parliamentarians on the matter. Under the new U.S. law, companies registered with your Securities and Exchange Commission are required to disclose their payments to foreign governments. This will provide the critical information necessary for the Cambodian opposition, civil society and press to hold our government officials accountable.

By passing this legislation, you have directly contributed to the fight against corruption in Cambodia. The globe is now well aware of the correlation between oil revenues, weak states and stagnant or decreasing development standards. You have taken an important stand against the likelihood that oil revenues will further line the pockets of Cambodian government officials. We in the Sam Rainsy Party will use the information newly available to the best of our ability.

Sincerely yours,
Members of Parliament of the Sam Rainsy Party

(Signed) Sam Rainsy, Nuth Rumduol, Son Chhay, Yont Tharo, Yim Sovann, Ly Srey Vyna, Tioulong Saumura, Pot Peou, Ke Sovannroth, Thak Lany, Mu Sochua, Long Ry, Kimsour Phirith, Chiv Cata, Kuoy Bunroeun, Chea Poch, Ho Vann, Kong Bora, Mao Munyvann, Chan Cheng, Eng Chhai Eang, Khy Vandeth, Cheam Channy, Tok Vanchan, Men Sothavarin, Khim Laky

Tuesday, June 01, 2010

Chevron Share Group Votes for More Transparency


Men Kimseng, VOA Khmer
Washington Monday, 31 May 2010

“Once Chevron, which is a company that supports the Extractive Industries Transparency Initiative, takes into consideration the transparent payment disclosure policy, it will be more beneficial for the company and will set positive influence on oil explorers in Cambodia.”
A group of shareholders at an annual Chevron meeting voted in favor of more transparency in payments to host countries like Cambodia last week, in a move energy watchdogs hailed as a positive step.

Shareholders representing 160 million shares, about 7 percent of the total, voted in favor of the transparency proposal in an annual meeting in Houston, Texas, on May 26.

Chevron has exploratory interests in Cambodia’s offshore oil and gas and is facing increased pressure from the government to begin drilling. But money within the extractive industry, including in Cambodia, often remains veiled.

“With this level of shareholder support, Chevron can no longer ignore the call for transparency,” Ian Gary, an extractive industries policymaker for Oxfam America who attended the meeting, said in a press release. “We know oil revenues are often squandered through corruption, internal conflict and weak governance.”

Chevron paid more than $40 billion in taxes to governments around the world in 2008, according to Oxfam America, which filed a shareholder proposal for payment transparency within the company in December 2009.

“Once Chevron, which is a company that supports the Extractive Industries Transparency Initiative, takes into consideration the transparent payment disclosure policy, it will be more beneficial for the company and will set positive influence on oil explorers in Cambodia,” Mam Sambath, chairman of Cambodians for Resource Revenue Transparency, told VOA Khmer.

Transparency help communities understand the benefits of resource extraction, said Cheang Sokha, president of the Youth Resources Development Program. “Cambodian people need to know how big the resources are and the budget coming from the extraction, and what areas [of government] it will be used for.”

Ministry of Finance officials could not be reached for comment Friday, but lawmaker Cheam Yiep, who is head of the National Assembly’s finance committee, said the government’s overall position was one “in favor of transparency and good governance, especially in the extractive industry.”

Wednesday, May 26, 2010

NGOs list suggested govt reform

Wednesday, 26 May 2010
Sebastian Strangio
The Phnom Penh Post


Land and resource revenues top groups’ development concerns

LAND rights, the environment and extractive-industry revenue transparency are the focus of civil society recommendations released ahead of landmark government-donor meetings scheduled for next week.

The documents, released at a workshop in Phnom Penh on Tuesday, assess the government’s progress on the series of reform benchmarks – known as Joint Monitoring Indicators (JMIs) – that are tied to disbursals of foreign development aid.

The workshop comes ahead of the Cambodia Development Cooperation Forum (CDCF), scheduled for June 2-3, at which donors will assess the government’s progress on previously agreed upon JMIs and set development priorities for the next 18 months.

At the last CDCF meeting, held in December 2008, donors pledged US$951.5 million in development assistance, up from $689 million the year before, according to an IMF estimate released in September.

Among the chief concerns registered in the NGO position papers were the issues of natural resources and land rights.

Despite the fact that the rights of indigenous peoples in Cambodia are recognised by both national and international law, across the country there are severe violations of indigenous peoples’ land and resource rights,” one paper stated, calling for the full implementation of the 2001 Land Law.

Resource revenue transparency also looms large over next week’s CDCF meetings, following a disclosure by Prime Minister Hun Sen last month that French oil giant Total paid a total of $28 million to secure offshore oil exploration rights in the Gulf of Thailand.

In a statement issued April 29, Global Witness, a London-based watchdog, said that the CDCF meetings should be used as an opportunity for donors to “ask tough questions” about such payments and whether they have been registered in national accounts.

A position paper authored by Cambodians for Resource Revenue Transparency applauds the government for introducing a Public Financial Management Reform Programme, which includes a pledge to implement the Extractive Industry Transparency Initiative (EITI), an international benchmark for the extractive resources industry.

The paper calls on the government to “prioritise implementation of EITI” in 2010-2011 and promote “other policy measures that strengthen transparency in oil, gas and mining, most notably transparency in licensing”.

Other areas flagged by NGOs include agriculture, gender-based violence, education, health and environmental protection, especially as it relates to a series of large-scale hydropower dams currently slated for construction on Cambodia’s rivers.

Calls for transparency

Son Chhay, a Sam Rainsy Party lawmaker, said donors should take the opportunity to push the government to improve its transparency with respect to resource revenue payments and other areas.

“The donors have full rights to demand the government be transparent before they offer more money,” he said.

“How can you talk about good governance when the government is not prepared to be accountable?”

Other critics said the very architecture of the pledging process is geared in favour of continued government impunity.

“One of the major problems is that the JMIs are not binding and therefore have no teeth,” said Eleanor Nichol, a Global Witness campaigner. “Aid flows continue despite the lack of implementation of, or progress towards, the JMIs.”

One government official said, however, that there had been significant steps towards transparency, achievements that Western donors recognised.

“We are not just talking transparency: We are creating it through the system,” said Phay Siphan, spokesman for the Council of Ministers, citing the Law on Anticorruption, passed by the National Assembly in March, and administrative reforms as key milestones.

Donors “understand that we have started to make this country more and more transparent through the system, through procedures and through the law”, he added.

Son Chhay said, however, that the government had proved itself adept at manipulating donors, and that the stance of Western governments was tempered by the increasing influence of China, a country that does not participate in the CDCF process.

Sin Somuny, executive director of Medicam, an umbrella organisation for health NGOs, said the CDCF process is valuable for promoting a culture of open exchange between government authorities and NGOs.

“We have to change the culture of discussion among politicians and civil society,” he said. “We have to build a culture of discussion.”

Tuesday, April 27, 2010

BHP urged to open up on payments

April 28, 2010
MATHEW MURPHY
The Age (Australia)


BHP Billiton has been urged to show leadership and voluntarily disclose all payments made on a country-by-country basis to avoid allegations such as the Cambodian ''tea money'' scandal from damaging its reputation.

Non-government organisation Oxfam called for the action in the wake of the US Securities and Exchange Commission's investigation of payments BHP made to the Cambodian government, allegedly to secure bauxite leases.

Oxfam's mining advocacy co-ordinator, Serena Lillywhite, said BHP, as a supporting company to the Extractive Industries Transparency Initiative (EITI), should honour the principles of the agreement.

The EITI is a coalition of governments, companies, civil society groups, investors and international organisations that sets a global standard for transparency in oil, gas and mining operations.

''BHP has invested in the development of policies to encourage responsible business conduct including an anti-bribery standard. But the Cambodian allegations show policies alone are not enough,'' Ms Lillywhite said. ''Our view is that BHP, and indeed all Australian miners, can make a decision to voluntary disclose all payments to governments.

''I think the Cambodian incident sends a very strong message to all companies operating in high-risk countries that they do need to develop and implement robust, transparent and verifiable policies and practices, and that includes revenue transparency.''

Cambodia is yet to join the EITI.

Ms Lillywhite said the benefits of such transparency would help track payments and better indicate the benefits to mine-affected communities.

BHP has refused to disclose where the bribery took place. An investigation by British advocacy group Global Witness concluded that BHP paid $US1 million in 2006 but financial documents from that year show the payment was not recorded.

Cambodia's Minister for Water Resources, Lim Kean Hor, has told the country's National Assembly that BHP paid $US2.5 million to the government to secure a bauxite mining concession.

In a memo to staff last week, BHP chief executive Marius Kloppers stressed that working with integrity was ''critical to our success''. ''That means working in a way that upholds our values, which underpin everything we do,'' he said.

Thursday, April 08, 2010

Time Enough To Ensure Good Mining: Expert

By Ros Sothea, VOA Khmer
Original report from Phnom Penh
07 April 2010


Editor’s note: Richard Thompson is an international mining expert from the United Kingdom who has been working in the mining sector for more than 40 years. Within the last 10 years, Thompson has been conducting research on mining resources in Cambodia for the Japanese International Cooperation Agency. He spoke to VOA Khmer recently in Phnom Penh, weighing in on the country’s mining industry, the mining market and the benefits that can come from mineral extraction.

Q. Cambodia’s government expects to see a third of 20 licensed companies begin mining extraction in 2015. Is this a realistic timeline?

A. The possibility of getting mineral resources during the next five years will depend entirely upon the market of those mineral resources. Although the 20 companies, or the third of those companies, expect to begin mineral extraction, if the market value of their product decreases, they won’t have a market and therefore they are not likely to begin extraction. Besides that, there are still many requirements of the company in terms of legislation that needs to be fulfilled for a good mining industry to emerge. So it is impossible to tell at this stage whether the third of the companies be able to achieve this.

Q. Based on your 10 years of research, can you weigh the potential of the country’s mining resources?

A. As there hasn’t been extensive exploration, nobody is quite sure what is here. It’s going to take several more years to probably evaluate the potential of deposits, because with a proper mine you really need a very intensive drilling program, maybe several thousand or a few tens of thousand of meters of drilling to establish the shape, the size, the depth and the stretch before the amount of deposited metal can be calculated. And then the economic study can be made to see if there are enough mining deposits. This is not a profitable exercise. They take the risk, they choose to spend their money, and the profit comes when they eventually find something worthwhile, or economically useful.

Q. What mineral resources have been discovered and what can be done with them?

A. Some of the deposits so far discovered include bauxite, gold, gemstones, dimension stones, which is stone for carving, granite, iron ore, and likely other metals. But whether this mineral deposit [yields] enough to be economically extracted is still not certain. The basic products would go into many areas of the modern economy. For example, a lot of steel is used for making motor cars, copper is used in the electronics industry, the iron ore can be used extensively in the construction industry, to make steel, nickel is also used in steel alloy, and the granite is used in making nice flooring material. These are important for the growth of the global economy.

Q. Where are the markets for mining resources in Cambodia?

A. I should point out that, at the moment, the requirement of the mineral law in Cambodia [is that] minerals are used in Cambodia. However, the place you would sell minerals, particularly metal minerals, is not in Cambodia, because Cambodia doesn’t have a downstream industry to process or manufacture from them, and therefore Cambodia, like many developing countries, will be reliant on external markets. There may be opportunity to negotiate special prices with neighboring countries. But really I am not in position to know whether there are such negotiations in progress.

Q. How can mining resources play a role in Cambodia’s economic development?

A. If there are economic deposit discoveries, and investment comes to exploit those deposits, it is possible that Cambodia could have reasonable income from royalties derived from mining, but at this stage it is impossible to predict that. There are many countries that have mineral deposits, but are not rich enough to exploit them. Adjacent to Cambodia, you have four countries Thailand, Myanmar, Laos and Vietnam, and each of those countries has more or larger mineral deposits, which are exploited. So it is likely that Cambodia will have some deposits which are economically exploitable, but not certainly. Mining will not bring many jobs. The mining industry will gradually increase in terms of the size of deposits that are found. What will be interesting is to see if an industry downstream using minerals is to develop.

Q. Which countries receive large benefits from mining, and what do they do to manage the revenue?

A. Mining is a major contributor to Australia’s economy, the same as Brazil, where there are many and large mines. In Africa, countries like Zambia and South Africa. What they have developed is a framework for management of a mining industry, and most of them have adopted full transparency. And they also have a lot of governance within the industry to make sure the companies have to carry out specific reporting, and there is a lot of legislation to make sure mining is done ethically [and] to ensure environmental and social protections.

Q. What should Cambodia do to effectively spend the revenue and protect the environment?

A: Cambodia has moved toward developing the framework of its law, policy, strategy and regulation. There will be three or four more years before Cambodia has all these regulations in place. Good mining companies do not set up to damage the environment. But there are some mining companies that are not so good, and they try to keep their costs as low as possible, and in doing that they ignore the environmental regulations. So it is not a good idea to encourage those companies, mostly small companies, to come, but to attract good and big companies. And in order to do that, it is important to have good laws, good legislations and a good business environment.

Wednesday, April 07, 2010

Cambodia Urged To Join Transparency Initiative

By Ros Sothea, VOA Khmer
Original report from Phnom Penh
06 April 2010


International mining experts have called on Cambodia to join an organization to promote transparency in the extractive industries to help prevent a resource curse as it moves toward oil and mineral exploitation.

Under the Extractive Industries Transparency Initiative, resource-rich countries work to ensure the revenue from their natural resources go toward improving the lives of its citizens.

“Now is the best time for Cambodia to actually join the EITI and prepare itself for those future revenue flows, since it is much more difficult to join the EITI once you already have extractive activities in place and huge revenues are flowing in,” Radhik Sarin, international coordinator of Publish What You Pay, said in an interview.

The appeal came during a three-day workshop among mineral experts from 15 countries in Phnom Penh to pave the way for a better mineral resource management and as Cambodia’s government says it could begin mineral resource extraction in the next two to five years.

“[EITI] is basically a tool for getting a clear understanding of all the financial resources to make sure that the revenue are properly spend for development issues,” said Sarin, who also serves on the board at EITI.

Cambodia expects to extract oil and gas in 2012 and mineral resources in 2015. The International Monetary Fund has estimated revenue of $172 million in the first stage of oil and gas extraction, with the amount increasing to $1.7 billion by 2021.

But experts worry that money could end up in the pockets of corrupt officials. Cambodia was listed as one of the most corrupt countries in 2009 by Transparency International.

Fabby Tumiwa, director of the Institute for Essential Service Reforms, which is based in Indonesia, said EITI could help.

“By implementing EITI, a country can avoid the resource curse,” he said. “So Cambodia has to avoid that scrape. EITI will help the country in their economic development, in particular investment in extractive industries, because investors will think that the risk of investment will be lower, [and it can help] reduce corruption and provide transparency on revenue management.”

To become a member of EITI, a country must publish on a regular basis all material from its oil, gas and mining payments and all revenues received from them, as well as performing independent audits and engaging civil society.

By implementing EITI, a country can improve its investment climate as well as promote greater economic and political stability, proponents of the initiative say.

Timor Leste, which produces 100,000 barrels of oil per day and receives an annual revenue of $1 billion, is an example.

“Before EITI, there is no information from governments and companies to us and to the public,” said Mericio Akara, director of the Luta Hamutuk institute. “We have no control of the budget. So 30 percent of the money was missing. But when we joined EITI, we controled every single revenue from the oil and gas sector.”

Indonesia, one of the largest oil producers in Southeast Asia with a total of annual revenue of $20 billion, is now applying to become a member of EITI.

“We’ve already produced oil and mining for more than 20 years,” said Muhammed Husen, deputy coordinating minister at Indonesia’s Ministry of Economic Affairs for Energy, Mineral Resources and Forestry. “Finally now our production is already half less than 20 years ago, but we have nothing. That is our mistake, because…corruption ocurred in all sectors.”

“EITI is one of the tools to attract more investors to come to Indonesia and learn how to manage the money,” Husen told VOA Khmer in an interview. “By learning from Indonesia, Cambodia should try its best to become an EITI’s member.”

Cambodian lawmaker Cheam Yeap said the government recognizes the benefit of EITI and wants to join, but he was not sure when.

“We need to have a petroleum law, a law on taxation, on human resource development, and to well prepare business contracts to make sure that investors can’t cheat us and that government officials must not practice corruption,” he said. “As soon as we have these things, we will join EITI.”

Tuesday, November 03, 2009

Cambodia Mulls Resource Transparency Initiative

By Im Sothearith, VOA Khmer
Original report from Washington
02 November 2009

Global Witness, which has issued two reports critical of the government that are banned in the country, is a member of the transparency initiative’s board
[Editor’s note: VOA Khmer recently spoke with specialists in the field of natural resource management in developing countries and learned that Cambodia is not alone in struggling to use natural resources to benefit its citizens. The resource curse, where natural riches fail to help the poor, is a worldwide scourge, the global experts told VOA Khmer in numerous interviews. Below is Part Nine of the original VOA Khmer weekly series, airing Sundays in Cambodia.]

Cambodia is considering application to the Extractive Industry Transparency Initiative, despite heavy criticism of its handling of natural resources so far, an official says.

Cambodian People’s Party Lawmaker Cheam Yeap said the initiative could help provide expertise in the field, “with adequate experiences in managing oil and gas.”

The Oslo-based Extractive Industry Transparency Initiative is a non-profit organization that helps country’s manage their natural resources.. In 2002, Britain’s then-premier Tony Blair announced the concept of the initiative at the World Summit for Sustainable Development in Johannesburg, South Africa.

The initiative focuses on transparency and accountability in managing oil and gas and requires companies to publish payments to host governments. So far, 30 countries, including five in Asia, have implemented the program.

“If the government officials and parliamentarians are interested in applying for EITI, we welcome that,” Sam Bartlett, Asia director for the group, told VOA Khmer. “We are ready to support those stakeholders in any way so that they can adapt the EITI to the challenges in Cambodia.”

Bartlett noted, however, that Global Witness, which has issued two reports critical of the government that are banned in the country, is a member of the transparency initiative’s board.

Cheam Yeap said, were Cambodia to decide on the initiative, it were defer decisions to the board.

“If Global Witness is still angry, or wants revenge on the Cambodian government, or Cambodia, it’s not a surprise, because we’ve had some sorts of conflict in the past,” he said. “If Global Witness is on the board and is still angry with Cambodia, let the EITI board of directors decide.”

Global Witness has been campaigning against illegal logging in Cambodia since 1995. Over the last three years, Global Witness has issued two reports, “Cambodia’s Family Trees” and “Country for Sale,” severely criticizing the government for mismanaging natural resources, claiming Cambodia’s elites are able to diversify their commercial interests to reap all forms of the country’s assets. (The government denies these reports.)

Eleanor Nichol, a Global Witness campaigner, told VOA Khmer in an interview in Washington that the group’s goal was not to publish anti-government material, but the truth inevitably affected a few officials.

“It’s not anti-government information,” Nichol said. “But what happens is, actually, that it tends to point back to members of the Cambodian government, because they tend to be using their positions of power to exploit their country’s natural resources. So, inevitably over the period of time, it has brought us into a conflictual relationship with the Cambodian government.”

Cambodia needs to consider not only EITI, but also overall governance of natural resources, she said.

“They also need to look at the way in which concessions have been allocated and who the concessions have been allocated to in order to ensure that the best deal has been obtained for Cambodia and its citizens,” she said.

Mam Sambath, chairman of the newly established Cambodians for Resource Revenue Transparency, supported transparency attempts, saying the initiative would provide information to the public, informing the decision-making process.

The transparency initiative also comes with financial support to build government and civic capacity, perform outreach work to companies, and coordinate work through different organizations and agencies, Bartlett said.

Both Indonesia and East Timor have committed to the initiative, while the Philippines and Vietnam are both considering how it could fit into their regulations.

Tuesday, September 29, 2009

Natural Resources Don’t Always Spell Prosperity

By Im Sothearith, VOA Khmer
Original report from Washington
28 September 2009


[Editor’s note: VOA Khmer recently spoke with specialists in the field of natural resource management in developing countries and learned that Cambodia is not alone in struggling to use natural resources to benefit its citizens. The resource curse, where natural riches fail to help the poor, is a worldwide scourge, the global experts told VOA Khmer in numerous interviews. Below is the fourth part of a weekly series.]

Whether a country is at war or peace, natural resources can reduce economic growth, because when a lucrative resource is exploited, other means of production are forgotten, experts say. Meanwhile, without transparent management, revenues from natural resources can widen income disparities and engender corruption.

And while it’s true that natural resources can transform an economy, an adequate state apparatus is needed to implement effective and efficient management strategies, experts say.

Countries rich in resources like timber, minerals or oil, and with adequate management structures, can access the international community for assistance.

The World Bank, for example, can provide facilities for low-income countries. In 2002, the Bank helped to launch “Extractive Industries Transparency Initiative,” or EITI, to help such countries maximize development and guard against corruption.

William Ascher, a professor of government and economics at Claremont Mckenna College, in California, and author of “Why Governments Waste Natural Resources: Policy Failures in Developing Countries,” says it is imperative to ensure that private and state enterprises be required to hand over the value of the resources to the government at the very beginning of the process.

This becomes a matter of contracting, and Ascher recommended countries without the skills to undertake look to the international community for help.

“The fortunate thing for low-income countries is that both the United Nations and the World Bank, and other organizations, have good facilities to advise governments on how to write contracts with the private sector, usually international companies, in order to ensure that the contracts are fair from both sides,” Ascher said.

Paul Collier, an Oxford University economist and author of “The Bottom Billion: Why the Poorest Countries Are Failing and What Can Be Done About It,” told VOA Khmer by phone that a group of economists have build a helpful Web site:naturalresourcecharter.org.

There, people can seek out non-partisan academic advice on key decisions in harnessing natural resources.

The Natural Resource Charter is a set of principles for governments and citizens describing how to effectively use the opportunities created by natural resources. It provides guidelines and standards to inform and improve natural resource management.

“You need to focus on the really important steps,” Collier said. “The Natural Resource Charter tries to do that. And it tries to help governments that don’t have a lot of capacity to see what is really important.”

Ascher emphasized three important steps to begin the proper management of natural resources: fiscal policy, contracts and transparency.

“The place to start is in the fiscal policy, that is the fiscal arrangement between the government and whatever state agencies are involved,” Ascher said. “The second thing to be very, very concerned about is the nature of the contract between the government and any private enterprises involved. The third would be to ensure much greater transparency both in the contracting process and in all the processes that follow.”

The mandates of government agencies must be simple and consistent, he said. Inter-ministerial task forces can be good only with proper communication and cooperation.

“Whenever you give an agency multiple tasks that conflict with one another, you put it in a very difficult situation, and any agency has to decide to what degree each one of these goals should be pursued,” Ascher said. “And the agency typically will pick whatever is in the interest of that agency, rather than to come up with the best balance on behalf of the country.”

Somit Varma, director of the oil, gas, mining and chemicals department of World Bank/IFC, told VOA Khmer at his office in Washington that natural resource management has to be structured to fairly benefit all stakeholders. A robust system has to be in place to ensure benefits during the boom and feasible investing during a bust.

“It’s community surrounding the project, it’s the government; it’s the municipality from which the resources are coming,” he said. “It’s not just a central government, it’s civil society, it’s private sector, which is involved, it’s suppliers who provide supplies to the project.”

“So, there’re numerous stakeholders in an extractive industry project. And each one needs to get a fair share of benefit.”

Genuine auctions made in a transparent manner are another good process to ensure that natural resource revenues go to the government and serve the public good, Collier said.

“With the auction, the government doesn’t really need to know a lot,” he said. “The value of the resources is revealed by the bidding process, one company bids against another.”

Meanwhile, a strong corps of knowledgeable advocates is needed to hold the government accountable.

“Ordinary citizens have the responsibility to the society that children inherit,” Collier said. “So, there’s no substitute for critical masses of many thousands of informed citizens.”

This also requires good information, through newspapers, magazines, radio programs.

“And it doesn’t require everybody in the society to be well informed,” he said. “We need of course a critical mass, which is several thousand people who really understand the issue and hold the government to account.”

Civic groups can build that critical mass and share information with others. “So if we start with a few hundred, it will quite rapidly get up to a few thousand to the hold the government responsible.”

According naturalresourcecharter.org, resource-rich countries that have successfully managed revenues include Botswana, Chile, Oman and Malaysia. The roles of governments contributed a great deal to that success.

It’s clear that natural resources represent a big opportunity for countries that have them. They can take a country from poverty to prosperity, but only if government elites are committed to building a prosperous future, not in short-term plundering that leads to a dim future where everyone’s children grow up.

Wednesday, February 25, 2009

CAMBODIA: Cursed by oil and poverty

About 35 percent of the country's more than 14 million inhabitants live below the poverty line (Photo: WFP Cambodia)

PHNOM PENH, 25 February 2009 (IRIN) - Having allegedly exhausted Cambodia's timber resources to fund its 1990s civil war, business and military elites are plundering mining resources while failing to uphold international human rights and transparency standards, a new report warns.

The long-term effects could fuel corruption and contribute to a "resource curse", whereby a tiny elite soaks up the profits instead of using oil and mining revenues to alleviate poverty, London-based Global Witness states in Country for Sale.

Cambodia is Southeast Asia’s second-poorest country after East Timor, with 35 percent of its population living on less than US$1 a day, according to government statistics.

Revenues from the 2005 oil find, which could total more than $1.5 billion annually, according to some estimates, should be directed to achieving its 2015 Millennium Development Goals, say critics.

"I see the rise of Cambodia's mining and oil sectors as just one part of the wholesale diversification of natural resource and state asset exploitation in Cambodia," Eleanor Nichols, a campaigner for Global Witness, told IRIN.

"Historically, the revenue generated by their misappropriation has reinforced the position and impunity of elites, further strengthening their hold on the levers of power," she said.

Global Witness has had a rocky relationship with the government, having closed its office in Phnom Penh in 2005 after threats over a report implicating top officials of illegal logging.

The Nobel-prize nominated group first monitored the country's forestry resources in the 1990s when international donors urged logging reform.

Greater transparency demanded

The group, with several other NGOs, continues to urge international donors to demand more transparency in Cambodia’s young oil and mining sectors as a condition for aid.

Cambodia receives about $600 million aid every year. In 2009, the national budget is $1.77 billion, with donors pledging around $1 billion.

"It is fair to say that the revenue generated would be significant for a country which still relies on donor countries to provide the equivalent of over 50 percent of the annual government budget in development aid," Nichols said.

Secretive mining contracts, mostly in the country's remote northern provinces, allegedly require the forced, mass evictions of rural poor and indigenous people.

"On some sites, land has been taken from local people and cases of intimidation of residents are reported," Global Witness stated. "There has been no free, prior and informed consent by the local population in any of these cases."

The Cambodian embassy in London issued an angry response to the report, denying the accusations.

"The Global Witness report was fairly underhanded and failed to recognise the tireless work and vision of some in government," Michael McWalter, the Asian Development Bank's oil and gas adviser to the government, told IRIN in an e-mail.

Oil worries

The International Monetary Fund estimated the find off the southwest coast at two billion barrels, though energy giant Chevron has been tight-lipped about numbers.

Cambodia could follow the patterns of Nigeria, Venezuela and Iraq, where mismanagement and secrecy surrounding oil contracts plunged the countries into further poverty, said Ou Virak, an economist and head of the Cambodian Center for Human Rights.

"There's every indication Cambodia is heading towards Nigeria. We fit very well of a profile of countries facing a resource curse," he told IRIN. "The fact that all key institutions with money are headed by only a few people indicates there is no intention of having a system in place for transparency and accountability."

Donors last year asked the government to consider joining the Extractive Industries Transparency Initiative (EITI) a global coalition of governments, companies and civil society groups that requires full disclosure of oil, gas and mineral revenues.

The government originally considered signing on to EITI, but reportedly said in October it would not endorse the initiative.

The UN Development Programme (UNDP) hosted a conference last March to address how the government should manage oil and gas revenues to alleviate poverty.

At the conference, delegates from the Cambodian National Petroleum Authority, Supreme National Economic Council, and Norwegian Petroleum Directorate discussed the possibility of establishing an independent fund to manage revenues transparently, a model that has worked in Norway.

Monday, November 19, 2007

Not enough oil troubles Cambodia's waters

Nov 20, 2007
By Andrew Symon
Asia Times (Hong Kong)

PHNOM PENH - Could Cambodia's much-touted energy potential, which the World Bank and others had earlier estimated in total at 2 billion barrels of oil and 10 trillion cubic feet of natural gas, become a bust before it ever boomed? Expectations of an energy resource bounty have now suddenly dampened as top Cambodian officials strike a more cautionary tone.

A senior Cambodian energy official last December publicly estimated that the 6,278-square-kilometer Block A that US energy giant Chevron is now drilling could contain as much as 700 million barrels of oil, or nearly twice the earlier 400-million-barrel estimate. Government officials had estimated in January that they hoped to ramp up production by as early as 2009, three to seven years earlier than the World Bank projected as possible.

Marking a notable departure from that optimism, this month Prime Minister Hun Sen told a major business conference in Phnom Penh that the "speculation is highly premature". And despite the over 600 mostly foreign business delegates in attendance at the Cambodia Investment, Trade and Infrastructure conference, Chevron declined to take part in panel discussions on Cambodia's natural resources. The company had previously said it would publicly disclose its findings and estimates in April or May.

Hun Sen's comments and Chevron's low profile have led to downward revisions in some concerned quarters of the government's earlier bonanza estimates. Ever since Chevron reported promising energy finds in Cambodian waters in December 2004, there has been widespread hope that energy exports could transform one of Southeast Asia's poorest countries into a major regional oil-and-gas producer.

According to a joint study last year by the United Nations Development Program (UNDP) and Harvard University, depending on the size and accessibility of the proven reserves, energy-export revenues could double Cambodia's current gross domestic product. Although Cambodian officials have at times freely bandied around buoyant potential energy reserve figures, Chevron itself has shied from publicly stating hard numbers.

Yet speculative hopes and rising global prices have spurred ramped up multinational exploration activities in Cambodia. Since Chevron's supposed find, other international energy concerns, led by Thailand's PTT Exploration and Production, Indonesia's Medco and China's China National Offshore Oil Corp, have taken up new exploration positions in Cambodian waters.

The news has also galvanized new interest in the potential of Cambodia's 27,000 square kilometer Overlapping Claims Area with Thailand, which lies untapped due to a long-running dispute between the two governments. The two sides are expected to resume talks next year after Thailand elects a new government in December.

All of this has occurred despite the fact that no petroleum project in Cambodia has yet to reach an advanced development stage - let alone achieve actual production. As far as the much-anticipated discoveries in offshore Block A are concerned, Chevron has said the deposits are subject to difficult geology and that further appraisal is required before it can estimate how much might be extracted.

Indeed, there are even industry rumors that Chevron may instead move to sell its operating interest in the block, as the deposits may not be as large as the company requires to replace its proven reserves. If so, it could dampen broad foreign investor sentiment in the country, which has recently experienced a boom as foreign capital pumps up property prices and brings the moribund service sector to life. It's unclear how much of the upbeat sentiment is contingent on Chevron's oil-and-gas find, but if the company were to come up dry at Block A it would undoubtedly hurt investor interest in the country.

Foreign investor perception is now crucial to Hun Sen's government, which is reaping the political benefits of an unprecedented post-war economic boom. Now some energy industry analysts are starting to wonder whether government officials disingenuously pumped up expectations about Chevron's find to spur investor interest in other less promising exploration blocks.

There was a measure of surprise among energy industry analysts when the Block A estimates were first touted. Earlier exploration in those same offshore Cambodian waters by Britain's Enterprise Oil, Premier Oil and Japan's Idemitsu in the mid-1990s found only moderate indications of oil and gas. All three companies decided that the find was not significant enough to warrant investment in further drilling and development.

Windfall downsides

Meanwhile, there are lingering questions about the governance quality of the administration of Hun Sen, which ranks towards the tail end of international corruption rankings. Watchdog groups have already expressed their concerns that an energy windfall could be squandered by poor management and official corruption.

Warnings have been made by a wide array of international development assistance agencies, including the World Bank, the UNDP, Oxfam and the International Monetary Fund, that if mismanaged the country could actually face economic and social harm from a fossil fuels boom. In a small economy, rapid and large energy exports risk high rates of inflation and a fast-appreciating currency, which in turn would threaten the international competitiveness of the country's other export-oriented manufacturing industries, including garment exports.

There are also fears of potential environmental damage, particularly as the government toys with the idea of awarding onshore petroleum exploration blocks in the Tonle Basin lake region, a crucial area of the greater Mekong eco-system on which millions of Cambodians depend for their nourishment and livelihoods. Judging by the rampant, often government-sanctioned logging industry, environmental and social concerns are often subordinated to economic gain in Cambodian extractive industries.

Government officials say they are well aware of the challenges and pitfalls of natural resource-driven development. Deputy Prime Minister Sok An told the recent gathering of investors, "We have received many questions about what we are going to do with the [oil and gas] revenues as and when they come. My answer is that we have very much to do - rebuilding and developing our economy and enhancing the quality of the lives of our people."

Testing such assertions will be the establishment of a new petroleum law, which is now being deliberated in Parliament and will likely give a firmer legislative and regulatory base for petroleum industry development. The national energy sector currently operates under fairly ad hoc regulations, first adopted in 1991. In 1998, the Cambodian National Petroleum Authority was established to act as the key government agency in managing development and operation of the industry, where upstream companies operated under a production sharing contract regime which is comparable with international standards.

Now, apparently to subdue its critics, the government says it might join the Extractive Industries Transparency Initiative (EITI), a recently established international mechanism with a secretariat in Oslo, Norway, which brings governments and companies together to promote good governance over natural resource-generated revenues.

First proposed in 2002 by British prime minister Tony Blair, the EITI features a coalition of governments, investors, companies and non-governmental organizations supported by multilateral and bilateral agencies such as the World Bank and the International Monetary Fund. Both corporate and government practices are monitored by the EITI and reforms are proposed for their consideration.

More than 20 countries in Africa, South America and Central Asia, all with large petroleum or mining industries, have joined the EITI. However, there are currently no Asian members, apart from natural gas-rich Timor Leste, formerly known as East Timor. The EITI's member companies, meanwhile, represent some of the world's largest Western energy concerns, including the BG Group, Burren Energy, Chevron, ConocoPhillips, ExxonMobil, Petrobras, Shell, Statoil, Talisman Energy, Total and Woodside.

BG Group, Chevron and ConocoPhillips all have oil-and-gas interests in Cambodia, as do many of the mining companies which have signed onto the initiative. And the government will nonetheless come under EITI principles and guidelines as part of their loan programs with the World Bank and other agencies - whether or not Cambodia's highly anticipated energy bonanza is eventually or ever realized.

Andrew Symon is a Singapore-based journalist and analyst specializing in energy and mining. He may be reached at andrew.symon@yahoo.com.sg.

Saturday, June 09, 2007

Ambassador calls on Cambodia to join EITI

New Europe - The European Weekly
GERMANY
9 June 2007 - Issue : 733

Outgoing German ambassador to Cambodia Pius Fischer said on June 7 that Cambodia has been repeatedly urged to join the Extractive Industries Transparency Initiative (EITI) to help it properly manage expected lucrative oil revenues, Deutsche Presse-Agentur (dpa) reported. Speaking at a Club of Cambodian Journalists roundtable discussion attended by dozens of local reporters, the ambassador again voiced Germany's concern that the country's economic boom was not trickling down to the rural poor and said it was vital that oil revenues were used to their best advantage to help society.

The EITI, founded in 2002, supports improved governance in resource-rich countries through the verification and full publication of company payments and government revenues from oil, gas and mining, according to its website. It works to build multi-stakeholder partnerships in developing countries in order to increase the accountability of governments.

"There is definitely a need to invest in Cambodia's human capital so Cambodia has the capacity to remain competitive in the globalised world," Fischer was quoted by dpa as saying. "More attention should be given on social equities because as the disparities between the urban rich and rural poor are growing this could lead to social conflict. With the beginning of the exploitation of Cambodia's oil and natural gas resources expected to begin probably by 2008 or 2009, it would be important also to develop concepts of how the revenue from these natural resources would be harnessed and used for the benefit of the Cambodian population. In this context, Cambodia's development partners have repeatedly suggested that Cambodia adopt the principals of the EITI. These principals, if they were observed by Cambodia, would be very beneficial for Cambodia's economy," he said.

Prime Minister Hun Sen on June 6 branded people who claimed endemic corruption could hijack potential oil revenues "stupid" and said countries critical of how resources might be plundered would be better served making positive input and ensuring their oil companies negotiated fairly with Cambodia. It was unclear if EITI is going to be included in the draft law on oil currently being written by the government and government sources close to the oil industry have declined to comment until the law is unveiled later this year, dpa said.

Critics have voiced fears that corruption and a lack of transparency, if unchecked, could send Cambodia the way of Nigeria and fail to benefit more than an elite few, instead of making it the success story of other oil-rich nations in the region like Brunei. EITI is a global initiative strongly supported by oil producing countries including Britain and Norway with around 20 members worldwide including Chad, Ghana, Kazakhstan, Timor Leste, Mongolia, Bolivia and Peru. Neither Nigeria nor Venezuela are members. Fischer ends his mission in Cambodia in mid-July and will then become German ambassador to Mongolia.

Thursday, June 07, 2007

How could Cambodia join oil ethics group (EITI) when it couldn't even take Global Witness criticisms?

Jun 7, 2007
German ambassador urges Cambodia to join oil ethics group

DPA

Phnom Penh - Cambodia has been repeatedly urged to join the Extractive Industries Transparency Initiative (EITI) to help it properly manage expected lucrative oil revenues, outgoing German ambassador to Cambodia Pius Fischer said Thursday.

Speaking at a Club of Cambodian Journalists roundtable discussion attended by dozens of local reporters, the ambassador again voiced Germany's concern that the country's economic boom was not trickling down to the rural poor and said it was vital that oil revenues were used to their best advantage to help society.

The Extractive Industries Transparency Initiative (EITI), founded in 2002, supports improved governance in resource-rich countries through the verification and full publication of company payments and government revenues from oil, gas, and mining, according to its website.

It works to build multi-stakeholder partnerships in developing countries in order to increase the accountability of governments.

'There is definitely a need to invest in Cambodia's human capital so Cambodia has the capacity to remain competitive in the globalized world,' Fischer said.

'More attention should be given on social equities because as the disparities between the urban rich and rural poor are growing this could lead to social conflict.

'With the beginning of the exploitation of Cambodia's oil and natural gas resources expected to begin probably by 2008 or 2009, it would be important also to develop concepts of how the revenue from these natural resources would be harnessed and used for the benefit of the Cambodian population

'In this context Cambodia's development partners have repeatedly suggested that Cambodia adopt the principals of the EITI. These principals, if they were observed by Cambodia, would be very beneficial for Cambodia's economy,' he said.

On Wednesday, Prime Minister Hun Sen branded people who claimed endemic corruption could hijack potential oil revenues 'stupid' and said countries critical of how resources might be plundered would be better served making positive input and ensuring their oil companies negotiated fairly with Cambodia.

It was unclear if EITI is going to be included in the draft law on oil currently being written by the government and government sources close to the oil industry have declined to comment until the law is unveiled later this year.

Critics have voiced fears that corruption and a lack of transparency, if unchecked, could send Cambodia the way of Nigeria and fail to benefit more than an elite few, instead of making it the success story of other oil-rich nations in the region like Brunei.

EITI is a global initiative strongly supported by oil producing countries including Britain and Norway with around 20 members worldwide including Chad, Ghana, Kazakhstan, Timor Leste, Mongolia, Bolivia and Peru. Neither Nigeria nor Venezuela are members.

Fischer ends his mission in Cambodia in mid-July and will then become German ambassador to Mongolia.

Saturday, February 24, 2007

Mussomeli to Khmer Gov't: Avoid "a small corrupt elite siphons off revenue that should go to improving the welfare of all the people"

February 24, 2007
U.S. Ambassador admits Cambodian government s intent to properly develop extractive industries

The Cambodian government has showed its political will to properly manage the development of the kingdom's extractive industries, said United States Ambassador Joseph Mussomeli on Friday.

Leaders of the countries should have the political will to demand that the revenues from these extractive industries be used solely for the improvement of the country, said the ambassador at an international conference, in regard of recent reports that 700 million barrels of crude oil are estimated to lie off the coast of Cambodia.

"In his open and eloquent speech yesterday (Thursday), Prime Minister Hun Sen showed his intent to demonstrate just such political will," said Mussomeli at the 2007 Cambodia Economic Outlook Conference: Opportunities for Growth, Development and Shared Prosperity.

At the same conference on Thursday, Hun Sen said that the revenue from the recently confirmed discovery of oil reserves "will be directed to productive investment and poverty reduction."

Mussomeli also said that many officials within the government also "recognize and have been working to responsibly manage Cambodia's extractive industries."

Meanwhile, he reminded the Cambodia government to avoid the situation that "a small corrupt elite siphons off revenue that should go to improving the welfare of all the people."

In addition, the ambassador stated eight recommendations for the kingdom to properly manage the development of its extractive industries.

"First, we applaud the Cambodian government for considering the Extractive Industries Transparency Initiative (EITI) and we hope that Cambodia will soon become an EITI Implementing Country," he said.

The ambassador noted that the extractive industries, namely oil, gas and various types of mining, in the next three years could more than triple the annual revenue received by the Cambodian government, according to a press release from the U.S. Embassy.

Future oil revenues alone could provide over three times the kingdom's official development assistance received in 2005, said a U.N. Development Program study.

Source: Xinhua