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.
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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
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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/
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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
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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
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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.
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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/
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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
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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.
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Galtung, Frederik. “Introduction to Integrity Building.” 12 May 2014.
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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
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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.
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Integrity Action
Dialogue among
stakeholders is a
crucial piece of the
CIB process
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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 [email protected]
Carey Kluttz [email protected]
Julien Tingain [email protected]
• 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