The Board agreed that Zambia has made meaningful progress overall in implementing the 2016 EITI Standard.

The Board's decision

The Board came to the following decision regarding Zambia's status:

The Board agrees that Zambia has made meaningful progress overall in implementing the 2016 EITI Standard. The Board’s determination of Zambia’s progress with the EITI’s requirements is outlined in the assessment card below.

The EITI Board agreed that Zambia has made satisfactory progress in meeting the requirements in the EITI Standard on Requirements 1.1, 1.2, 1.3, 1.4, 1.5, 2.1, 2.3, 3.1, 3.3, 4.1, 4.6, 4.7, 4.8, 4.9, 6.3, 7.1, and 7.4. The Board further agreed that Zambia has made meaningful progress in meeting requirements 2.4, 3.2 and 7.3, and inadequate progress in meeting requirement 2.2. The areas of concern relate to license allocations (2.2), clarity on the government policy on contract disclosure (2.4), production data (3.2), and follow-up on recommendations (7.3).

Accordingly, the EITI Board agreed that Zambia will need to take corrective actions outlined below. Progress with the corrective actions will be assessed in a second Validation commencing on 25 April 2019. Failure to achieve meaningful progress with considerable improvements across several individual requirements in the second Validation will result in suspension in accordance with the EITI Standard. In accordance with the EITI Standard, Zambia’s multi-stakeholder group may request an extension of this timeframe, or request that Validation commences earlier than scheduled.

The Board’s decision followed a Validation that commenced on 1 January 2017. In accordance with the 2016 EITI Standard, an initial assessment was undertaken by the International Secretariat. The findings were reviewed by an Independent Validator, who submitted a draft Validation report to the MSG for comment. The MSG’s comments on the report were taken into consideration by the independent Validator in finalising the Validation report and the independent Validator responded to the MSG’s comments. The final decision was taken by the EITI Board.

Assessment card

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Background

The Government of Zambia committed to implementing the EITI in 2008 and a multi-stakeholder group - the Zambia EITI Council (ZEC) - was established in early 2009 to oversee EITI implementation. The country was accepted as an EITI candidate in May 2009, and became compliant with the 2011 EITI Rules in September 2012.

The Validation process commenced on 1 January 2017. In accordance with the Validation procedures, an initial assessment was prepared by the International Secretariat. The Independent Validator reviewed the findings and wrote a draft Validation report. Comments were received from the MSG. The Independent Validator reviewed the comments and responded to the MSG, before finalising the Validation report.

The Validation Committee reviewed the case on 4 October 2017. Based on the findings above, the Validation Committee agreed to recommend the assessment card and corrective actions outlined below.

The Committee also agreed to recommend an overall assessment of “meaningful progress” in implementing the 2016 EITI Standard. Requirement 8.3.c. of the EITI Standard states that:

ii.    Overall assessments. Pursuant to the Validation Process, the EITI Board will make an assessment of overall compliance with all requirements in the EITI Standard.

iv.   Meaningful progress. The country will be considered an EITI candidate and requested to undertake corrective actions until the second Validation.

The Validation Committee agreed to recommend a period of 18 months to undertake the corrective actions. This recommendation takes into account that the challenges identified are relatively significant and seeks to align the Validation deadline with the deadline for the 2017 EITI Report.

Corrective actions

The EITI Board agreed the following corrective actions to be undertaken by Zambia. Progress in addressing these corrective actions will be assessed in a second Validation commencing on 25 April 2019:

  1. In accordance with requirement 2.2, Zambia should ensure annual disclosure of which mining, oil, and gas licenses were awarded and transferred during the year under review, highlighting the processes for transferring licenses, technical and financial requirements and any non-trivial deviations from the applicable legal and regulatory framework governing license awards and transfers. This could include the most recent information on the latest licensing rounds to improve the timeliness of the information on license allocations. The ZEC might consider ensuring that EITI reporting includes commentary on any deviations from the license allocation process and on the efficiency of the licensing process.
     
  2. In accordance with requirement 2.4 on contract disclosures, the ZEC should make sure that the description of the government’s policy regarding contract and license transparency in the next EITI Report is up to date and reflects the MMDA 2015. It should also clarify whether there are any laws or contractual provisions that affect disclosure of contracts in the petroleum sector. Further, the ZEC may wish to consider whether to include any descriptions regarding what information related to individual licenses is publicly available, such as work programmes and environmental impact assessments, and provide links to further information where applicable.
     
  3. In order to meet requirement 3.2 on production data, the government should ensure disclosure of production data for the fiscal year covered by EITI reporting, including total production volumes and the value of production by commodity. The ZEC should ensure that EITI reporting includes information on the progress made by the government in obtaining reliable production figures, and to refer to the existing information provided by the MDD, ZRA and Chamber of Mines.
     
  4. In accordance with requirement 7.3, the ZEC should consider a more systematic follow-up of the recommendations, for instance by developing a dedicated plan for following up on findings and recommendations from Zambia EITI Reports, outlining actions to address the recommendations that can address the issue raised. The ZEC could further consider ensuring that recommendations from Zambia EITI reporting to a larger extent address key challenges related to extractive sector governance. Such recommendations could take into account feedback recorded from stakeholders as part of Zambia EITI’s dissemination and outreach activities.

The ZEC is encouraged to consider the other recommendations in the Validator’s Report and the International Secretariat’s initial assessment, and to document the ZEC’s responses to these recommendations in the next annual progress report.