The EITI is governed by a not-for-profit members association under Norwegian law. It is the EITI Association’s articles that provide the governing framework for the EITI. The EITI Association has a Code of Conduct that applies to all EITI office holders and a policy on voicing concerns.
This policy states that stakeholders with a concern should first raise it to the attention of the immediate EITI body (national multi-stakeholder group, EITI constituency, etc.). If this is not appropriate or if the concern remains, the online form linked below can be used. The form includes options to ensure that concerns are addressed by the proper EITI body.
Other information on this page explains the procedures to be used in addressing different categories of concerns.
The EITI’s Code of Conduct seeks to ensure EITI office holders observe the highest standards of integrity. It applies to all EITI office holders.
Stakeholders who believe there is a violation of the EITI Association Code of Conduct can address this in accordance with Article 12 of the Code.
How these concerns are addressed will depend on the nature of the EITI body taking the decision and the nature of the decision itself.
The governing body of the EITI Association is the EITI Members’ Meeting, which meets at least once every three years. Its functions include oversight of the EITI Board, election of the EITI Board and election of the EITI Chair. (See Article 8.1.iv for more details)
The EITI Association is organised into three Constituencies who appoint Members to the Association. The EITI Board can, however, terminate a Member’s Membership if the Member does not comply with the EITI Articles of Association or if the Member is considered to have conducted their affairs in a way considered prejudicial to the EITI Principles. Any Member whose Membership has been terminated by the EITI Board in accordance with Article 5(5) of the Articles of Association may appeal the decision to the EITI Members’ Meeting in accordance with Article 5(6) of the Articles of Association.
Concerns raised about a decision made by the Members’ Meeting or the Board that terminates someone’s Membership in the EITI Association will be addressed through the procedures set out in the EITI Articles of Association.
Concerns raised about a decision made by the Board or an action of the International Secretariat can be considered by the EITI Board, as provided for in Article 10 of the EITI Standard. In practice such concerns may be chanelled through National Secretariats. The Chair may then decide whether the Board should address the matter and may ask one of the EITI Board committees to consider the issue before the Board does so.
Anyone requesting the Board to reconsider its decisions or otherwise consider EITI policy or implementation, should communicate their request to the Board.
Countries which disagree with an EITI Board decision on their status can appeal the decision in accordance with section 4 of the EITI Standard.
Issues related to EITI implementation in a country should first be brought to the attention of the multi-stakeholder group of that country.
The EITI requires effective multi-stakeholder oversight, including a functioning multi-stakeholder group (overview to EITI Standard Requirement 1). Issues related to implementation should therefore first be addressed to the multi-stakeholder group.
There are provisions related to civil society in the EITI Protocol: Participation of civil society, which forms an integral part of the EITI Standard. The protocol states the Board through its Rapid Response Committee may be called to investigate particular cases and address alleged breaches of the EITI Principles and Provisions as appropriate (Section 3 of Protocol: Participation of civil society).
Issues related to EITI Constituencies should first be brought to the attention of the Constituency coordinator.
The EITI’s Draft Constituency Guidelines, which are meant to assist Constituencies in the development of their own guidelines, have the following advice for addressing complaints within Constituencies:
“If an EITI stakeholder wishes to complain about the processes his/her constituency has followed to agree its representation on the EITI Association or Board, those complaints should firstly be directed towards the members of that constituency. If a satisfactory solution cannot be agreed, a written report should be made to the EITI International Secretariat. Within three weeks of receiving such a report, the Secretariat will investigate the complaint and make a report of its findings to the EITI Board.”
Concerns should first be raised with the immediate EITI body (national multi-stakeholder group, EITI Constituency, etc.).
If this is not appropriate or if the concern remains, the online form should be used.
Concerns reported through the online form are sent to the EITI Executive Director and are treated confidentially. Concerns regarding the Executive Director will be sent to the EITI Chair. The Executive Director or Chair will aim to respond within two weeks.
If the concern is about an administrative or logistical issue, for example about the organisation of or participation in a meeting or conference organised by the EITI (flight itineraries, hotel rooms, etc.), please do not use the online form. Such concerns should be addressed directly to the organiser of the event.