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Transparency Initiative (EITI)

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67<br />

8.3.1 FISCAL TRANSPARENCY<br />

The <strong>EITI</strong> process in DRC has dramatically improved its fiscal<br />

transparency, largely following the <strong>EITI</strong> Standard and<br />

its requirements. As one interviewee said “la machine est<br />

en marche”, meaning that the process is now underway and<br />

improving with each Report, not only in content, but also<br />

in process.<br />

The initial <strong>EITI</strong> Reports took up to one year to prepare, with<br />

significant time spent in explaining the entire process and<br />

justifying it to a skeptical audience among companies and<br />

the government. The country’s 2014 <strong>EITI</strong> Report, its most<br />

recent, took approximately four months to complete, demonstrating<br />

a significant improvement in time. Indeed, the<br />

2012, 2013 and 2014 <strong>EITI</strong> Reports took little more than one<br />

year to produce in TOTAL.<br />

Data credibility and availability: The 2015 Report should<br />

be completed by Fall 2016, which will allow it to play a role<br />

in the budgetary debate. This could be the first time that it<br />

is not published at the end of the calendar year and within<br />

12 months of the fiscal year. In addition, data can be confirmed<br />

and released in shorter amounts of time. Several<br />

members of the government shared that data is now compiled<br />

and confirmed within three months of receiving preliminary<br />

data. With every year, the <strong>EITI</strong> process is cutting<br />

down the “confirmation” time, which makes data more relevant<br />

for constituencies, notably civil society organizations<br />

and the government.<br />

Following the money: A watershed moment for the <strong>EITI</strong><br />

process in Congo occurred in the publication of the<br />

2010 <strong>EITI</strong> Report in which a USD 88 million sum was<br />

unaccounted. The Auditor General systematically went<br />

through and found that indeed the money should have<br />

been deposited into government accounts, but was instead<br />

transferred to a commercial bank to assist with its liquidity<br />

issue.<br />

A similar result of improved fiscal transparency and a better<br />

understanding of the sectors can be expected if these are<br />

both introduced in the 2015 <strong>EITI</strong> Report. The point of “impact”<br />

in forestry and ASM should also be shorter than that<br />

of the oil, gas and mining sectors because the MSG, the National<br />

Secretariat and the government should be more efficient<br />

in incorporating both sectors into the <strong>EITI</strong> process.<br />

Several years ago, “it would have been impossible to think<br />

that the DRC would publish beneficial information”,<br />

quipped one interviewee. Despite that, the DRC participated<br />

in the beneficial ownership pilot and even garnered an<br />

award for it at the 2016 Lima Conference. This is a big step<br />

in erasing some of the questions around the link between<br />

politics and business. Please note that it publishes the beneficial<br />

owners on record with shares of more than 3%. Civil<br />

society organizations noted that a number of companies<br />

had their bases in the Virgin Islands and so it was impossible<br />

to know for sure who owned what, without further examination<br />

of those companies.<br />

<strong>Transparency</strong> (and Credibility) on the Page: The <strong>EITI</strong> Report<br />

is increasingly being seen as the most authoritative and<br />

creditworthy document published in the DRC. Examples<br />

such as the actual split (60% – central government, 25% –<br />

regional government and 15% – producing communities)<br />

of which level of government receives what percentage of<br />

revenue builds further legitimacy into the process. Nothing<br />

breeds success like success. Many stakeholders know that<br />

the information is received from several agencies, but that<br />

the authoritativeness of the information receives a boost<br />

because it is seen to have the necessary quality assurance<br />

built into it, which comes directly from the <strong>EITI</strong> Standard’s<br />

Requirement 5.<br />

With small victories like this, the country’s institutions are<br />

challenged and increasingly seen competent to deal with<br />

them. This provides them also with the much-needed confidence<br />

to carry out their duties.<br />

Other Sectors and Beneficial Ownership: ASM and Forestry<br />

will cover the DRC’s two great unknown sectors. This<br />

would be a very positive sign that the government is serious<br />

about fiscal transparency in other sectors of the economy.<br />

Civil society organizations still continue to point out irregularities<br />

and transparency challenges in both sectors.

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