Ivory Coast - Social Justice
Transcription
Ivory Coast - Social Justice
Promoting Integrity through Constructive Engagement in Ivory Coast Integrity Action The Cases in Integrity Series Abstract: “Promoting Integrity through Constructive Engagement in the Ivory Coast” profiles the work of Integrity Action partner Initiative pour la Justice Sociale, la Bonne Gouvernance, et la transparence en Côte d’Ivoire (Social Justice.) In his efforts to shed light on a potential conflict of interest and to resolve community disputes in Ivory Coast, Social Justice’s Coordinator draws on the Community Integrity Building approach to highlight the importance of disclosure, the need to educate the various actors, the role of the media, and the necessity of dialogue among stakeholders. 2 Integrity Action Background: The Country Context 100,000 barrels as of January 2013. Further, natural gas is an important resource as it provides the majority of the country’s energy. The country produces 1.5 billion cubic metres of natural gas with proven reserves of over 28 billion cubic metres as of January 20131. The production of both oil and gas is expected to continue to increase in the near future2. In addition to oil and gas, gold and diamonds are significant commodities adding to the importance of the extractive industries. In a small seafront village in the commune of Jacqueville, not far from the economic capital of Abidjan, Ivory Coast, the director of a local school finds himself at the centre of a battle. He is a modern-day David facing off against the Goliath of the largest natural gas production company in the country. the renovation of these quarters, teachers would have additional incentives to stay The world’s leading producer of cocoa, Ivory Coast has experienced the increasing significance of extractive industries in recent decades. Long a refiner of oil from nearby Nigeria, the more recent discovery of oil within the borders of Ivory Coast itself has led to the development of light oil refineries with the hope of capitalising on this resource. Ivory Coast produces over 38,000 barrels of crude oil per day and over 55,000 barrels of refined petroleum per day, with proven crude oil reserves of https://www.cia.gov/library/publications/the-world-factbook/geos/iv.html 1 Ivory Coast has also known its share of strife in recent years. The relatively stable country lost its footing with a coup d’état in 1999. Following a failed second coup in 2002, Ivoirians became embroiled in a civil war. A powersharing agreement, intended to reunite the country, was signed in 2007. The agreement committed the main opponents - separated along religious lines into a rebelheld north and a government-held south - to hold fresh elections, which they did in 2010. The northern candidate, Alassane Outtara, was declared president. However, the disputed election results and unsuccessful negotiations to resolve brewing conflict caused violence to escalate, resulting in renewed fighting, further socio-economic decline, and political instability. While the civil war ended in 2011, the memory of the recent “Crisis” remains fresh. Cote d’Ivoire remains classed as a “fragile state,” ranked fourteenth on the 2014 Fragile States Index3 – directly between Iraq and Syria – with particularly high scores on factionalised elites and external intervention indicators. Much of the country’s aid includes post-crisis reconstruction projects, which also affects the social responsibility programmes undertaken by extractives companies working in the country. http://eiti.org/CotedIvoire 2 http://ffp.statesindex.org/ 3 3 The Cases in Integrity Series Controversy Surrounds the Rehabilitation of Teachers’ Quarters in Jacqueville Improving the education system in Ivory Coast has become a particular focus in the post-crisis years. In this country, primary school enrolment is below the Sub-Saharan African average4 and spending on education is less than 5% of GDP5. Attracting and retaining teachers is a major concern. Recognising the challenges associated with the education system, and the specific difficulty of recruiting teachers to the rural community of Jacqueville, the company in our story set aside over $50,000 in mid-2011 to rehabilitate six teachers’ quarters – increased from an original amount of $25,000 to construct one additional building. Even though these quarters had been built some years prior, with other sources of funding, they were dilapidated and barely habitable. The poor conditions of these residences tended to contribute towards the premature departure of teachers. It was thus expected that, with the renovation of these quarters, teachers would have additional incentives to stay. The rehabilitation project was initiated in June 2011, and allegedly completed about one year later. However, in April of 2014, there was enduring disagreement between the company and the community over: (i) whether or not all the buildings had been renovated as agreed and; (ii) in instances where the buildings had been repaired, whether the rehabilitation was done satisfactorily, in accordance with the stipulations in the project document. The village population—represented by the school’s director and management committee—maintains that only three of the six teachers’ quarters have been renovated. http://data.worldbank.org/country/cote-divoire#cp_wdi 4 This is because these three buildings appear to be in a far more serious state of disrepair than can be explained by normal wear and tear over the two years since rehabilitation began. As the photo above shows, families live in these houses underneath visibly collapsing ceilings, while bricks and pieces of concrete keep the shingles from blowing off the roof. Moreover, the other three buildings, which were repaired, still lack critical amenities such as toilets. Despite this state of affairs, the company has on file photos that show all six buildings as rehabilitated, as well as the signature of the village chief that declares the satisfaction of the community. As far as the company is concerned, therefore, all six buildings have been renovated as agreed. http://data.un.org/CountryProfile.aspx?crName=C%C3%B4te%20d%27Ivoire 5 4 contractors must present a signed testimony of satisfaction from the population in order to receive their payment Integrity Action Several layers of complexity further confound the situation surrounding the Jacqueville school rehabilitation project. In particular, the funds for this specific project are managed by the Comité Pétrole Gaz, a committee established to oversee the funds allocated to local populations. The company and the state see this Comité, originally established by the community, as the sole interlocutor representing the villagers. The current president of the Comité was elected by local leaders to play this role, and representatives of both the company and the government thus refuse to interact directly with the population. In addition, this Comité Pétrole Gaz is responsible for choosing the contractors and suppliers who will carry out the work. These contractors must present a signed testimony of satisfaction from the population in order to receive their payment. Interestingly, the rehabilitation in this case was undertaken by the very president of the Comité, who not only was the contractor chosen for this project but also continues to enjoy the full support of the local leaders – which the population claims he ensures through the diversion of project funds to line these leaders’ pockets. Further, the school director and its management committee claim that this president – who also has excellent relations with the company’s own audit committee – has convinced the company management that those who oppose him are supporters of the ousted Ivoirian president; a recent effort to depose the Comité president failed due to the continued support of local leaders. Leveraging the Community Integrity Building Approach to Resolve the Issue in Jacqueville Into this convoluted context stepped Kouadio Julien Tingain, Coordinator of Initiative pour la Justice Sociale, la Bonne Gouvernance, et la Transparence en Côte d’Ivoire (Social Justice), a civil society organisation that works to improve transparency and accountability in public funds and natural resource governance. Social Justice is a key member of the national committee of the Extractive Industries Transparency Initiative (EITI), which promotes good governance in the sector to benefit the population6. The EITI relies on multistakeholder dialogue among government, civil society, and private sector representatives. An important consideration of the EITI is the transparency of revenues related to extraction and especially the question of companies’ social responsibility and the consequence on local populations in the affected areas. Julien and his colleagues are currently working directly with the populations affected by conflict and resource extraction, including in Jacqueville, on the monitoring of projects and budgets, as part of an Integrity Action-supported Community Integrity Building (CIB) programme. They support communities’ constructive engagement with local authorities to bring about improvements in citizens’ lives. This approach focuses on understanding the context and different actors involved, supporting them to learn together and to collaborate across stakeholder groups. “The Extractive Industries Transparency Initiative (EITI) is a global coalition of governments, companies and civil society working together to improve openness and accountable management of revenues from natural resources.… More openness around how a country manages its natural resource wealth is necessary to ensure that these resources can benefit all citizens.” The implementation of EITI at country level is overseen by a national multistakeholder group (MSG) composed of representatives from government, companies, and civil society. For more information visit eiti.org. 5 The Cases in Integrity Series An important piece of the approach is building the evidence base through community monitoring and tracking findings on the transparency, engagement and effectiveness of development projects through DevelopmentCheck, an online platform and mobile application for development7, Julien and his colleagues use this evidence to engage key actors and to “close the loop” – communicate results and work together to find solutions to integrity problems. Under the auspices of this programme Social Justice has recruited and trained 14 local monitors from resource-rich communities, helping them to monitor over two dozen development projects in seven of the 31 official regions of Cote d’Ivoire. These projects were chosen based on monetary value and impact on the local population. Comité in requesting project documents, budgets, and contracts. One of the monitors, in fact, originally served on the Comité, resigning in protest of the President, referred to earlier in this case study. These monitors, in carrying out their monitoring missions and review of the rehabilitation project in September of 2013, were the first to alert Julien to the issue within the community. With the goal of promoting integrity in order to improve the development of public works projects, Julien joined the fray to attempt mediation among the various parties. In Jacqueville, Social Justice has engaged with local stakeholders on a range of activities since 2010, and since 2013 the NGO has been working directly with two local monitors to support a monitoring committee composed of representatives of local government as well as other opinion leaders. In collaboration with these actors, Julien organised a training workshop for the community and local leaders to introduce them to budgets and monitoring projects, as well as the concepts of integrity, including transparency and accountability. The two monitors and the committee they lead work directly with both the population and with Social Justice. Their role is to monitor the activities financed through the Comité Petrole Gaz. Thus the monitors interact with this 6 For more information on DevelopmentCheck, please see http://www.developmentcheck.org/ 7 6 Integrity Action noted that he had been illiterate, despite his signature on this key document. Following several hours of conversation, the DG agreed that ‘something was not right’. However, he was not sure how to proceed as the funds had already been fully paid – and the company claimed that it had in fact paid nearly $10,000 more than initially committed to the rehabilitation project. Negotiating a Solution Thanks to his participation on the national EITI multistakeholder group, Julien was able to arrange a personal meeting with the Director Général of the mining company in March 2014. A first meeting found the DG convinced that the buildings had already been sufficiently rehabilitated, based on the completed payment, the filed photos of the completed works, and the signed statement of satisfaction. Julien presented the DG with recent photos taken by Social Justice, showing that the buildings were in a far worse state than could be explained by regular wear and tear8. Further, he explained that the village chief had passed away shortly before and was unavailable to provide information on the signed statement. Several community members further Julien counselled the DG, who was unsure who to believe or what to do, to work with the monitoring committee on the ground. Referring to the photos of the insufficiently rehabilitated structures, as well as the NGO’s positive relationships with the community members, Julien explained to the DG that collaborating with Social Justice would lead to better oversight and results of the projects financed by his company. Though unable to provide additional financial support, the DG initially agreed to supply the project planning and technical documents as well as other information necessary for the monitoring. In exchange, he requested copies of the monitoring report as well as the photos that Social Justice had taken. At Julien’s urging, the frustrated villagers decided to organise a community meeting in April 2014 and to meet with representatives of the company in order to discuss their dissatisfaction with the rehabilitation project. They threatened, however, that if the company refused to meet them, they would organise a protest. This was communicated back to the Director General, through the President of the Comité, who also notified the DG of community plans to potentially destroy the company’s installations. For the evidence on the transparency, community engagement and effectiveness of this project, please see DevelopmentCheck at http://www.developmentcheck.org/project-view/366 7 The Cases in Integrity Series With the villagers thus labelled as rabble-rousers, the company became even more disinclined to engage with them. The president of the Comité became persona non grata in the village. The population grew increasingly frustrated and disenchanted with dialogue, and by extension advocacy, which they saw as ineffective following their thwarted efforts. Discouraged and expecting an immediate solution to the problem, the population began to look elsewhere for a mediator to satisfactorily resolve the ongoing issues. Julien stepped in once again. He arranged a second meeting with the DG in May 2014. This time, the company’s internal monitors, responsible for the assessment of social projects, also participated in the meeting. Initially, the parties did not seem to agree on who was culpable for the state of the non-renovated teachers’ residences. The DG, for instance, insisted that the company is not responsible for projects that are paid for but unused by the communities. He continued that the population must use the accountability structures in place – that is, the Comité Pétrole-Gaz—as the interlocutor despite the impasse between its president and the community. Julien again explained the importance of the disclosure of documents related to the project in question. This was necessary to dispel the rumours of complicity between the company and the president of the Comité. Such disclosure would help to discourage corruption as well as promote accountability, competence, and ethical responsibility that are important aspects of the community integrity building process. Providing these documents would also allow the monitors to identify the outstanding issues to be addressed. 8 Galtung, Frederik. “Introduction to Integrity Building.” 12 May 2014. 9 Importantly, access to the relevant project documents would also set a precedence of transparency and accountability, ultimately helping to ensure that the company’s social projects have the intended impact on the population, and the resources do not go to waste. It would also help to strengthen relations with the local community, necessary to maintain the social license to operate. The meeting with the DG also afforded Julien an opportunity to provide greater clarity on the role of civil society organisations, particularly with respect to promoting transparency and accountability in the sector. His explanation of Social Justice’s role in the EITI process, in particular, helped convince the DG of the value of information sharing, as an integral part of ensuring that resource revenues can be better tracked and that stakeholders can hold service providers accountable for the delivery of services. By the end of the second meeting, the DG recommitted to working with Julien and Social Justice, and pledged to supply the documents related to upcoming social projects as well. Julien also continued to advise the DG to engage with the population itself in order to reach a fix, in this case meaning “the resolution of a problem to the satisfaction of the main stakeholders by using transparency, accountability, integrity…”9 Community monitoring is a key piece of the overall CIB approach developed by Integrity Action and country partners, as is constructive engagement; the ultimate goal of Social Justice’s work is to enable the communities themselves to identify their concerns and needs, monitor projects that matter to them, and develop their own solutions. the population began to look elsewhere for a mediator to satisfactorily resolve the ongoing issues 8 Integrity Action Moving Ahead This clearly is not the end of the story. Already the population has become more aware of and engaged in the project, thanks in large part to the work of Julien and his colleagues. The trainings organised by Social Justice have served to sensitise the community on their rights and the need for them to monitor as well as be involved in the projects that are intended for their benefit. In addition, Social Justice has helped underscore the necessity of building a strong evidence base in order to effectively engage other stakeholders to address integrity problems and improve services meant for them. trainings organised by Social Justice have served to sensitise the community on their rights Representatives of both the company and the state are also beginning to understand how citizen engagement can lead to better outcomes in benefit sharing initiatives, including natural resource concessions, as well as in community development. Empowered communities that are able to monitor projects and services, as well as hold providers accountable, are better able to track the use of revenues thereby optimising scarce resources and minimising waste. While both the company and state continue to be wary of the capacity of the population to understand and appropriately act on technical information related to the project, with Social Justice’s interventions, these actors are also beginning to understand the benefits of the collaborative engagement that is a cornerstone of the CIB approach – and the importance of the trust that is built through the process. Indeed, a small victory was won for this approach in September 2014, as the objectionable President of the Comité PétroleGaz, yielding at last to the dissatisfaction of the community, finally stepped down. This paves the way for the election of a new President who Julien hopes will better serve the needs of the community he represents in his negotiations with the company. Julien and his colleagues thus continue to play an important role in strengthening this engagement by all parties, and in promoting a collaborative approach over violence as the means to the most lasting solution. At his urging, the community has reached again out to schedule a meeting with the company, as well as with the new President of the Comité Pétrole Gaz, whom they hope will find a solution The Cases in Integrity Series to the unfinished work. Depending on the responses to these invitations, Social Justice stands ready to help with the next steps. Importantly, media contacts in their network of journalists are aware of the situation, and interested in intervening; at Julien’s request they are standing by in hopes of finding a solution to the problem among the relevant actors, without causing unnecessary commotion. They do, though, offer a potential additional means of pressure if necessary. This approach – a focus on collaboration and problem solving over hostility – is applicable to any number of situations, and is particularly relevant in post-conflict or fragile settings where tensions may run higher and actors may be more inclined to violence. Especially in the highvalue extractives sector, the need to engage the various actors involved in development projects, including the intended beneficiaries, is increasingly recognised. One must hope that through constructive engagement, a focus on integrity, and the continued support of Julien and his colleagues, our little David – the director of the local school where the teachers’ quarters await satisfactory rehabilitation – will find a constructive way to engage his colossal Goliath amid a situation rife with potential conflicts of interest and misunderstandings. This will help in finding an acceptable solution for all involved, and establishing a positive relationship and precedent for future encounters. 9 10 Integrity Action Dialogue among stakeholders is a crucial piece of the CIB process 11 The Cases in Integrity Series • Engagement of the media can be a useful tool to shed light on a difficult situation and to communicate results to the wider community. This can also be a means of applying strategic pressure to actors as needed; however in this sense caution should be exercised. For more information, contact: Edward Irby edward.irby@integrityaction.org Carey Kluttz ckluttz@worldbank.org Julien Tingain tingaink@yahoo.fr • Dialogue among stakeholders is a crucial piece of the CIB process and is a necessity for a sustainable solution. Choosing advocacy over more violent means of engagement, and promoting discussion and collaborative problem-solving among all actors involved, will not only support understanding and future partnerships, but in a fragile or post-conflict setting, it will contribute to improved development outcomes. Links & Relevant Resources www.socialjustice-ci.net/ www.integrityaction.org/partner/cote-divoire-social-justice www.developmentcheck.org/côte-divoire www.goxi.org www.worldbank.org Lessons Learnt The experience in Jacqueville has revealed the following early lessons: • Disclosure of project documents supports the integritybuilding process. It is useful to all actors involved, and also provides information to clarify complicated and sensitive situations. This is an important first step toward transparency, and ultimately towards greater accountability and integrity. • Education and training are key to helping stakeholders better understand their respective roles in development. This is particularly important for citizens and community members, supporting them to become more involved in ensuring the realisation of projects intended for their own benefit. Images Front cover, left to right: Social justice, Integrity Action and Integrity Leaders in the ILC Movement, Ivory Coast flag, The Basilica of Our Lady of Peace of Yamoussoukro. Page 2: Two of the teachers’ quarters discussed in the case study. Page 3: Abidjan port entrance. Page 5 and Page 9: Integrity Action and Social Justice staff members meeting a village chief. Page 6: Social Justice monitors meeting. Page 8: Julien Tingain, president Social Justice. Page 10: Social Justice, Integrity Action and Integrity Leaders in the ILC Movement The “Cases in Integrity” Series is an initiative of Integrity Action (www.integrityaction.org/) and the Governance of Extractive Industries Program at the World Bank Group. The series aims to distill and document practitioner experiences in monitoring extractive industry operations as well as the use of extractive industry revenues at the community level. With an initial emphasis on fragile and conflict-affected states, the case studies are intended to share emerging knowledge on approaches that have worked in using Integrity Action’s Community Integrity Building approach to empower communities and to promote transparency, accountability and inclusion in extractive industries decision-making, investment, and operations. The series features stories from five countries –the Democratic Republic of Congo, Ivory Coast, Liberia, Sierra Leone and South Sudan. Integrity Action The Cases in Integrity Series