End of Commitment Report – Increasing Transparency and Accountability in Extractive Sector

Name of Evaluator

David Wuyep

Email

djwuyep@gmail.com

Member Name

Plateau, Nigeria

Action PlanAction plans are at the core of a government’s participation in OGP. They are the product of a co-creation process in which government and civil society jointly develop commitments to open governmen... Title

Action plan – Plateau, Nigeria, 2021 – 2023

Commitment

Increasing TransparencyAccording to OGP’s Articles of Governance, transparency occurs when “government-held information (including on activities and decisions) is open, comprehensive, timely, freely available to the pub... More and Accountability in Extractive Sector

Action

The commitment is to set up Plateau State Extractive Transparency Forum (PSETF) to ensure transparency in the implementation of Community Development Agreements (CDAs), Environmental Management Plans (ESMPs), and 13% derivation principle within the extractive industry in Plateau State. This is part of the growing global expectation that the extractive industry should contribute positively to long-term local development. Expected Results Increased transparency in the implementation of CDA, ESMPs, and 13% derivation principle, and enhanced benefits to the State, mining operators, and the host communities. Reduce the environmental impact of mining activities in the State Improve development in the host communities. Overall Objective: To improve transparency in the implementation of CDAs, EMPs, and the 13% derivation principle that will benefit the State, the mining operators, and the host communities. Planned Activities Develop a Concept Paper on the establishment of the Plateau State Extractive Transparency Forum (PSETF) Develop a Concept Paper on the establishment of the Plateau State Extractive Transparency Forum (PSETF) Issue policy statement or Executive Order on PSETF; Constitute PSETF through the policy statement or Executive Order; Develop a compendium of CDAs in Plateau State; Develop a compendium of ESMPs in Plateau State; Develop a record of 13% derivation from extractive sector accruing to Plateau State from 2015 to 2020.

Problem

Major revenue losses as a result of diminished oversight of extractive activities in the state, especially mining, as extractives industry operations remain under the purview of the Federal Government as its exclusive rights. Adverse socio-economic impacts of mining activities on the host communities as mining companies often operate without a Community Development Agreement (CDA) that would ensure the development of infrastructure and enhancement of livelihoods within the host communities, as stipulated by the Minerals and Mining Act 2007. Extractive organizations operate without effective Environmental Management Plans (ESMPs) as stipulated by law. There is a dearth of sufficient data and information on mining activities in the state, as such the state is unable to truly determine the exact amount of derivation funds that are accrued to it.

1.1 What was the overall level of progress in the commitment implementation at the time of this assessment?

Substantial

Provide a brief explanation of your answer:

Four of the six milestones for this commitment were completed. A concept note was developed, and Executive Order constituting the PSETF was issued by the Governor, a compendium of records of the 13% derivation accruing to Plateau State from the extractive sector has been developed.

Provide evidence that supports and justifies your answer:

• PSETF Executive Order

1.2 Describe the main external or internal factors that impacted implementation of this commitment and how they were addressed (or not).

Delays with getting the required information from the Federal Ministry of Mines and Steel. This was addressed by getting some of the information from the Nigerian Extractive Industry Transparency Initiative.

1.3 Was the commitment implemented as originally planned?

Most of the commitment milestones were implemented as planned

Provide a brief explanation of your answer:

Except for three outstanding milestones, all of the commitment milestones were implemented though not at the time indicated in the SAP.

Provide evidence for your answer:

• PSETF Executive Order

2.1.1. – Did the government disclose more information; improve the quality of the information (new or existing); improve the value of the information; improve the channels to disclose or request information or improve accessibility to information?

Yes

Degree of result:

Major

Explanation: In narrative form, what has been the impact on people or practice.

This commitment enabled the state to obtain records of the revenue accruable to it from the Federal government of Nigeria for mining revenue from 2015 to 2022. It also helped to create the enabling environment for the generation of a compendium of Community Development Agreements and Environmental and Safety Management Plans which will, when properly monitored, improve development in the host communities and reduce the adverse environmental impact of mining activities in Plateau State.

2.1.2. – Did the government create new opportunities to seek feedback from citizens/enable participation inform or influence decisions; improve existing channels or spaces to seek feedback from citizens/enable participation/ inform or influence decisions; create or improve capabilities in the government or the public aimed to improve how the government seeks feedback from citizens/enables participation/ or allows for the public to inform or influence decisions?

Yes

Degree of result:

Marginal

Explanation: In narrative form, what has been the impact on people or practice.

The existence of the Plateau State Extractive IndustriesApplying open government values of transparency, participation, and accountability to extractive industries can decrease corruption, safeguard community interests and needs, and support environmental ... Transparency Forum is to ensure the development of CDAs and ESMPs for the improvement of the lives and well-being of the citizens in the host communities where mining activities take place.

Provide evidence for your answer:

• PSETF Executive Order

2.1.3 Did the government create or improve channels, opportunities or capabilities to hold officials answerable to their actions?

Yes

Degree of result:

Major

Explanation: In narrative form, what has been the impact on people or practice.

The PSETF holds officials of the Federal Government accountable for the accurate remittance of 13% revenue derivation to the state government on the one hand while holding officials of mining companies to ensure the development of CDAs and ESMPs to cater to the welfare of host communities.

Provide evidence for your answer:

• PSETF Executive-Order

2.1.4 Other Results

Not Applicable

2.2 Did the commitment address the public policy problem that it intended to address as described in the action plan?

Yes

Provide a brief explanation of your answer:

Although the structure for addressing the public policy problem has been put in place, the commitment has not been implemented long enough to ascertain whether it reduced revenue losses to the State, reduced the adverse socio-economic impacts of mining activities, or improved the development of infrastructure and enhanced livelihoods within host communities.

Provide evidence for your answer:

• PSETF Executive Order

3. Provide at least one lesson or reflection relating to the implementation of this commitment. It can be the identification of key barriers to implementation, an unexpected help/hindrance, recommendations for future commitments, or if the commitment should be taken forward to the next action plan.

Lack of cooperation between Federal and State Ministries. We recommend the strengthening of the Mineral Resources and Environmental Management Committee (MIREMCO) because that is their key duty.