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The Rules of Procedure
The Rules of Procedure is established towards improving the governance and functioning of the Ghana EITI by providing guidance on key governance issues that may arise in the work of the Ghana EITI MSG and the Secretariat.
The rules are particularly intended to addresses issues bothering on the roles and mandate of the various stakeholder representatives on the MSG, the MSG as a collective, and of the secretariat. It also spells out the established modalities for decision-making by the MSG including due processes for receiving approvals for proposed administrative actions by the secretariat.
The rules of procedure shall constitute, and form an integral part of the documents that currently guide the operations of the Ghana EITI. By adopting these rules of procedure GHEITI intends to entrench sound administrative and corporate governance practices in its affairs and to provide a resilient framework for the transmission of the institutional culture from one generation of GHEITI leaders to another.
3. Functions of the Ghana Extractive Industry Transparency Initiative
The GHEITI shall perform the following functions:
- Develop policies and guidelines to ensure transparency and accountability in the operations, payments and receipts of extractive industry entities ;
- Obtain from all extractive industry entities and recipients, the data of all payments made to Government and revenues received by Government in respect of the extraction of any natural resource;
- Obtain, as may be deemed necessary, from any extractive industry entity an accurate record of the cost of production and volume of oil, gas, mineral or any other natural resource extracted by that entity at any period;
- Monitor and ensure that all payments due to the Government from all extractive industry entities are duly made;
- Conduct, through independent persons or firms, a reconciliation of all payment data disclosed by extractive entities and all revenues data disclosed by all Ministries, Departments, Authorities or agencies of government;
- Examine as may be necessary and through independent persons or firms, the audit and assurance procedures of extractive companies and relevant government entities;
- Conduct appropriate audits and or investigations of the process by which each material concession, contract, license, permit and other right is awarded by the Government in respect of natural resources in order to determine that each concession, contract, license, permit or similar right was awarded in compliance with the Standards of the Extractive Industry Transparency Initiative;
- Publish the reports of all audits, investigations and/or reconciliations conducted pursuant to this Act and to disseminate such reports through widely accessible media, including but not limited to, the national newspapers and the electronic media;
- Submit annual reports to the President and Parliament through the Minister on its operational activities, including utilization of funds received in connection with the performance of its mandate;
- Establish linkages with other governance and anti- corruption initiatives such Ghana Natural Resources and Environmental Governance (NREG) Programme, Public Interest and Accountability Committee (PIAC), open Governance Partnership (OGP), Ghana Integrity Initiative (GII) etc.
- Nominate a member to represent GHEITI on the Public Interest and Accountability Committee established under the Petroleum Revenue Management Act, 2011 (Act 815); and any other Committees;
- Promote or undertake any other activity related to its functions and which in its opinion are necessary for the achievement of its objects.
4. GHEITI Secretariat
The Ministry of Finance (MoF) shall host the Ghana EITI Secretariat and will coordinate all its activities in the area of mining, oil/gas and other natural resource sub-sectors that shall be subjected to EITI reconciliation mandate. The Secretariat will in consultation with the MSG be responsible for implementing the agreed work plans, monitor and evaluate the programmes, and communicate the programmes among others.
- The Secretariat shall be headed by a Coordinator who shall be appointed by the Minister on such terms as recommended by the Multi-Stakeholder Group and in consultation with the Public Services Commission when the Multi-Stakeholder Group considers consultation as necessary.
- The Coordinator shall be assisted by a Deputy Coordinator of the GHEITI Secretariat who shall be appointed by the Minister on such terms as recommended by the Multi-Stakeholder Group and in consultation with the Public Services Commission.
- be responsible for carrying out and managing the day-to-day operations of the GHEITI and subject to the overall control and direction of the Multi-Stakeholder Group;
- prepare the work plan of the GHEITI for approval by the Multi-Stakeholder Group;
- be authorised to solicit external financial and other assistance on behalf of the GHEITI;
- subject to the approval of the Multi-Stakeholder Group, procure the services of an Independent Administrator for the purpose of undertaking reconciliation, audit and investigations;
- under the direction of the Multi Stakeholder Committee, develop and maintain policies and procedures required for the effective and transparent implementation of the Extractive Industries Transparency Initiative;
- take any other actions necessary for achieving the objectives of the GHEITI; and
- be responsible to the Multi-Stakeholder Group for the discharge of its functions.
- The Secretariat shall be assisted in the discharge of its functions by such persons as may be assigned to it by the Ministry on the recommendation by the Multi-Stakeholder Group;
- Staff assigned to the Secretariat may be removed from the Secretariat upon the recommendation of the Multi-Stakeholder Group in accordance with the rules governing staff and officials of the Civil Service;
- The Coordinator and the Deputy Coordinator shall not be removed from office except for just cause and in accordance with the terms and conditions of their appointment.
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