The Board agreed the recommendations in Board paper 39-6 EITI Constituency Recommendations.

13.02.2018
Decision 2018-17/BM-39
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Board decision in full

The Board agreed the following: 

Draft EITI instruction to its constituencies

These instructions aim to ensure that the constituencies have relevant and comprehensive constituency guidelines available.

Recognising the important principle that the EITI’s various constituencies have the right to determine their own internal processes, this document offers some guidelines of the internal working of constituency processes.

The constituencies are defined in the EITI Articles of Association, which also determine the number of seats on the EITI Board.

The following principles should apply to the processes applied by the constituencies and sub-groups within the constituencies:

  • The constituencies should operate in a manner that is open and transparent. Information on each constituency’s internal guidelines should be made available on the EITI website.

  • The constituencies are urged to bear in mind how important it is that the EITI Association and Board are representative of all of the EITI’s stakeholders. It is, for example, expected that countries from different regions, companies, and civil society organisations with strong links to different regions, are represented. While it may not be possible to determine that an international body such as the EITI Board be gender balanced, the constituency groups are encouraged to ensure that both genders are adequately represented.

The constituencies are advised to ensure that there are up-to-date constituency guidelines available on the EITI website. These guidelines should include:

  1. How they wish to be organised, including how the selection of Board members and alternates is conducted, how these persons are replaced if they step down from the Board; and how the Board members will be expected to inform, consult and engage the wider constituency. Each constituency should establish its own principles and actions related to failure to attend Board meetings and committees, and whether it wishes to establish term limits for its representatives.  It is encouraged that the guidelines advise individual Board members to confirm in writing that they have the resources available to fulfil the responsibilities as a Board Member or alternate.

  2. Each constituency should identify a constituency coordinator, including clarity about how this person should be selected and their roles of responsibilities. The constituency should establish a system for selection of the coordinator. Sub-constituencies should appoint contact points.

  3. Each constituency should ahead of each Member’s Meeting publish a statement on the procedures for making nominations to the EITI Board.

  4. An aspiration, while duly taking into account the circumstances in each constituency, to renew 50% of Board members (including alternates) per constituency for new Board compositions – with the intention that Board members should serve a full term.

  5. Each constituency should encourage the Board members representing the constituency to ensure that there are consultations on strategic policy issues.

  6. Grievance mechanisms to be followed in relation to the above.

List of recommendations

R1 That the Secretariat is responsible for holding the registry of members for each of the constituencies. The Secretariat should make the register available online, preferably with a mechanism where the constituency coordinator for each constituency can make alterations if the governance related to constituency coordinators could be agreed. .

R2 It is suggested that the Board, as part of any other amendments of the Articles of Association at the next Global Conference, revises the quorum rule, lowering the total number of members required, but keeping the quorum rule of one third from each constituency. A detailed proposal to be developed.

R5 Each constituency should address the ways of nominating Board members in their guidelines. The EITI instruction sets out that the guidelines need to be transparent and inclusive.

R7 It is recommended that each constituency should establish a position ofconstituency coordinator.  Each constituency should set criteria for the Constituency Coordinator (proposed roles, responsibilities, systems of feedback and grievance) to be included in the Board manual.

R8 That the EITI instruction to its constituencies include a provision that there should be sub-constituency contact points.

R9 This will be left to each constituency to sort out in their guidelines.  It is recommended that the EITI instruction (draft at annex A) sets out that the guidelines need to be transparent and inclusive.

R10 That the EITI instruction to its constituencies clarifies that Constituency Coordinators need not to be EITI Board Members.

R12 That the EITI instructions to its constituencies to encourage consultations on strategic policy issues.

R14 The Secretariat to continue to provide structured support to any constituency that requires it for consultations, with the support of funding from donors, as appropriate.  

R16 There is little support for term limits for institutions, so the discussion revolves around individuals. But the Parties reached consensus that each Board constituency should have an aspiration, while duly taking into account the circumstances in each constituency, to renew 50% of Board members (including alternates) per constituency for new Board compositions – with the intention that Board members should serve a full term.

R19 The existing requirement on Board attendance to continue to be enforced with a view of revisiting the matter ahead of the next Members’ Meeting. It would appear premature to now require that consequences are set out, before the extent to which the current arrangements work is better known. However, the EITI instruction to constituencies will encourage these to address consequences of board members failing to attend board meetings.

R20 The existing requirement on Board attendance to continue to be enforced before further rules are elaborated. The EITI instruction to constituencies will encourage these to address consequences of board members failing to attend board meetings.

R21 It is suggested that the EITI instruction to its constituencies recommend that, in particular, nominees from implementing countries should obtain a confirmation in writing that the necessary resources will be made available.

R23 It is suggested that the EITI instruction to its constituencies require constituency guidelines to set procedures for agreeing nominations of Board members and alternates between Members’ Meetings.

R25 Given that the Board currently is reviewing grievance mechanisms elsewhere, it is suggested that the Board limits its actions now to ensure that the EITI’s instructions to its constituencies require that constituency guidelines set out grievance procedures within the constituency.

Keywords: EITI governance