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

Outcome of the Validation of Honduras

Decision reference
2017-52 / BM-38
Decision basis
2016 EITI Standard, Requirement 8.3 EITI Validation deadlines and consequences

Board decision

The Board came to the following decision regarding Honduras' status:

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

The key areas of concern relate to government engagement (requirement 1.1), industry engagement (1.2), civil society engagement (1.3), EITI work plan (1.5), comprehensiveness of revenue disclosures (4.1), direct subnational payments (4.6), data quality and assurance (4.9), mandatory social expenditures (6.1), economic contribution of the extractive sector (6.3), public debate (7.1), follow-up on recommendations (7.3) and outcomes and impact of implementation (7.4).

Accordingly, the EITI Board agreed that Honduras 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. In accordance with the EITI Standard, Honduras’s multi-stakeholder group may request an extension of this timeframe, or request that Validation commences earlier than scheduled. 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.

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.

Corrective actions and strategic recommendations

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

  1. In accordance with requirement 1.1, the government should demonstrate that it is fully, actively and effectively engaged in the EITI process. The government should demonstrate its commitment to by providing adequate support and funding for EITI-Honduras. The government should consider hosting the National Secretariat in a government agency already involved in EITI work. The MSG should ensure that the Secretariat provides adequate support and coordination to deliver the agreed work plan. In accordance with requirement 8.3.c.i, the government is requested to develop and disclose an action plan for addressing the deficiencies in government engagement documented in the initial assessment and validator’s report within three months of the Board’s decision, i.e. by 25 January 2018.
     
  2. In accordance with requirement 1.2, industry should demonstrate that it is fully, actively and effectively engaged in the EITI process. The industry constituency should review its engagement in the EITI, consider opportunities to work more closely with the MSG to ensure that EITI-Honduras discusses, addresses and communicates more effectively not only the Standard-mandated disclosures but other issues of interest to the industry constituency. This assessment should inform and be reflected in the MSG’s revised work plan. In accordance with requirement 8.3.c.i, industry is requested to develop and disclose an action plan for addressing the deficiencies in industry engagement documented in the initial assessment and validator’s report within three months of the Board’s decision, i.e. by 25 January 2018.
     
  3. In accordance with requirement 1.3, civil society should demonstrate that it is fully, actively and effectively engaged in the EITI process. The civil society constituency should review its engagement in the EITI, clarify the objectives for EITI engagement, and explore options to ensure that it has adequate technical and financial capacity to participate fully in the process. Such an assessment could inform and be reflected in the MSG’s revised work plan. CSOs could also consider reinvigorating its participation in the MSG by, for example, refreshing its representation. In accordance with requirement 8.3.c.i, civil society is requested to develop and disclose an action plan for addressing the deficiencies in civil society engagement documented in the initial assessment and validator’s report within three months of the Board’s decision, i.e. by 25 January 2018.
     
  4. In accordance with requirement 1.4, the MSG is encouraged to reconfirm the MSG membership and agree clear rules for rotating representatives of the MSG member organizations and ensure that these procedures are followed and documented.
     
  5. In accordance with requirement 1.5, the MSG should agree a revised and fully costed work plan. The MSG should review the outcomes and impact of EITI implementation to date and revise the work plan objectives to ensure that they are clearly aligned with the national priorities for the extractive industry. The revised work plan would be an opportunity to reinvigorate government, industry, civil society and donor engagement. The Government could consider convening an EITI national conference to agree high-level objectives to inform future EITI work.
     
  6. In accordance with requirement 2.3, the government is encouraged to provide INHGEOMIN with resources to update the technological platform supporting the cadastre system to allow improved public accessibility.
     
  7. In accordance with requirement 3.2, the MSG might wish to include in future reporting information on how the production volumes and values are calculated and any other information that could enhance the understanding on how mining production is monitored. The MSG may wish to explore working with the mining regulator INHGEOMIN, the customs agency and the finance ministry in ensuring mining production is properly recorded and monitored. The EITI Report can be used to comment on progress addressing these issues.
     
  8. In accordance with requirements 3.2 and 3.3, the government is encouraged to continue strengthening INHGEOMIN’s internal systems including the modernization of the consolidated annual declaration (DAC) and monitoring capacities and the collaboration with the customs agency, including harmonization of procedures.
     
  9. In accordance with requirement 4.1, the MSG should ensure that future reporting adheres to the standard terms of reference approved by the EITI Board. In particular, the MSG should adopt a definition of materiality that ensures that the scope of the reporting process is comprehensive and that all material companies participate. The MSG is encouraged to work with government authorities including INGHEOMIN and SAR to developing a classification protocol that ensure that the universe of mining companies is clearly identified.
     
  10. In accordance with requirement 4.6, the MSG should clearly establish whether direct payments, within the scope of the agreed benefit streams, from companies to municipalities are material. If material, the MSG should ensure that company payments to municipalities and the receipt of these payments are disclosed and reconciled in the EITI Report. The MSG is encouraged to consider collaborating with municipalities in mining areas to improve their capacity to collect, record and manage revenues from the extractive industries.
     
  11. In accordance with requirement 4.9 and with the standard terms of reference, the MSG should ensure that the Independent Administrator provides an assessment of whether all companies and government entities within the agreed scope of the EITI reporting process provided the requested information. Any gaps or weaknesses in reporting to the Independent Administrator must be disclosed in the EITI Report, including naming any entities that failed to comply with the agreed procedures, and an assessment of whether this is likely to have had material impact on the comprehensiveness of the report. The Independent Administrator should also provide an assessment on the comprehensiveness and reliability of the (financial) data presented, clearly indicating the coverage of the reconciliation exercise based on the government's disclosure of total revenues.
     
  12. In accordance with requirement 5.1, the MSG might wish to consider bringing more information about how the revenues collected through the Population security fee are budgeted and spent.
     
  13. In accordance with requirement 6.1, the MSG should ensure that the reporting of social expenditures required by the Honduras Mining Law is comprehensive. Where the beneficiary of the mandated social expenditure is a third party, i.e. not a government agency, it is required that the name and function of the beneficiary be disclosed.
     
  14. In accordance with requirement 6.3, the MSG should ensure future EITI reporting includes the total of government revenues.
     
  15. In accordance with requirement 7.1, the MSG is encouraged to consider developing a communication strategy to ensure that EITI disclosures and findings are communicated more effectively and contribute to public debate. This could include more analytical work, better linkages with the work advanced by other organizations, and addressing other issues such as industry cost structures.
     
  16. In accordance with requirement 7.3, the MSG is encouraged to take a more active role in developing recommendations from EITI Reports, and monitoring progress with implementing these recommendations.
     
  17. In accordance with requirement 7.4 and as suggested in recommendation 5 (requirement 1.5), the MSG might wish to review the outcomes and impact of the EITI implementation with a view on informing the discussion and elaboration of the next work plan, including setting specific implementation objectives that reflect the current national priorities for the extractive industry.

The MSG is encouraged to document the MSG’s responses to these recommendations in the next annual progress report.

Background

Honduras was accepted as a candidate country in May 2013. A multi-stakeholder group was formed in February 2013 to oversee EITI implementation.

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 takes into consideration that Presidential elections are scheduled for November 2017 and a change in administration often involves delays in reaffirming confirming government commitment to EITI implementation. 

Scorecard for Honduras: 2017

Assessment of EITI requirements

  • Not met
  • Partly met
  • Mostly met
  • Fully met
  • Exceeded
Scorecard by requirement View more Assessment View more

Overall Progress

MSG oversight

1.1Government engagement

The government is engaged in the EITI process. Government’s agencies have played an active role in implementing the EITI. Two senior individuals have been appointed to lead on the EITI. The Ministry of Foreign Affairs has seconded staff to support EITI day-to-day coordination. However, since early 2016 EITI-Honduras has lacked sufficient resources to sustain EITI implementation

1.2Company engagement

There is an enabling environment for company participation. Industry is engaged in the EITI. However, Industry could do more to help lift the process up and increase the EITI’s value and impact.

1.3Civil society engagement

CSOs have been actively engaged in the EITI process. However, this engagement has been reduced in the last year. Lack of resources, both for the EITI and for CSOs work in general, has limited their engagement. None of the consulted organizations associated this reduced engagement in the EITI process to any action from the government curtailing civil society participation or restricting public debate.

1.4MSG governance

EITI-Honduras has had an active and engaged EITI multi-stakeholder group. The composition, mandate and governance of the MSG seems appropriate. The government has been committed to work with civil society and companies and there have been no obstacles to effective collaboration other the funding constraints noted above. While the lack of a well-resourced national secretariat has affected the capacity of the MSG, the MSG is operating effectively.

1.5Work plan

Honduras had an adequate work plan (costed, aligned with national priorities and reporting requirements) for 2013-2015. However, it is unclear whether the 2016 work plan was approved by the MSG. The draft reviewed by the International Secretariat does not meet the EITI’s requirements. Moreover, it was never fully implemented due to a lack of funds and there have not been any discussions on the 2017 work plan.

Licenses and contracts

2.2License allocations

The required information regarding the award and transfer of licenses are disclosed in the EITI Report.

2.3License register

Information regarding licenses awarded to companies in the extractive sector, as required in the EITI Standard, is publicly available register in the EITI Report. This information is extracted from the official register kept in the regulator’s information system SIHMON.

2.4Policy on contract disclosure

The Government of Honduras supports and practices contract transparency. Contractual arrangements in the mining sector are uniform per the mining law and available publicly. Oil and gas contracts are published in the official gazette and in the Ministry of Natural Resources’ portal.

2.1Legal framework

The EITI Report provides a comprehensive description of the legal framework and fiscal regime governing the extractive industries and addresses reform efforts. It also includes a description of the roles of the main regulatory body as well as commentary from the Independent Administrator on the clarity of some provisions of the mining law.

2.5Beneficial ownership

Not assessed

Honduras has published a roadmap for disclosing beneficial ownership information in accordance with requirement 2.5.b. ii.

2.6State participation

Not applicable

The Government, through INHGEOMIN, confirmed it does not have any participation in any mining or hydrocarbon projects.

Monitoring production

3.1Exploration data

The 2014 EITI Report provided an overview of the extractive industries including exploration activities.

3.2Production data

Production information was based on export data, as all metallic sector production is exported.

3.3Export data

The 2014 Report provided comprehensive data on export volumes and values. It did not address how the values were calculated. However, this is only suggested in the Standard.

Revenue collection

4.3Barter agreements

Not applicable

Honduras’s legal framework does not allow for these types of transactions in the oil, gas and mining activities.

4.6Direct subnational payments

An effort was made to address direct subnational payments. There were some large discrepancies as some municipalities reported incompletely. The report does not address the quality of the municipal data.

4.7Disaggregation

The 2014 EITI Report is disaggregated by individual company, government entity (including municipality) and revenue stream.

4.9Data quality

Honduras’s reports have been reconciled by a credible Independent Administrator, applying international auditing standards. While the Independent Administrator mostly followed the standard ToRs, there were some significant departures from the required procedure and, overall, insufficient attention to data quality issues.

4.1Comprehensiveness

EITI-Honduras adopted a problematic definition that does not clearly address what constitutes a material payment. A company responsible for 8.25% of the total value of production was not included in the reporting process. The Independent Administrator did not address the comprehensiveness of the report as requested in their ToRs.

4.2In-kind revenues

Not applicable

Honduras’ legal framework does not allow taxes or fees to be collected other than in cash.

4.4Transportation revenues

Not applicable

Transportation of minerals in Honduras is entirely provided by the private sector and the state does not participate in the provision of those services.

4.5SOE transactions

Not applicable

There are no state-owned enterprises involved in the exploration, exploitation and commercialization of minerals or hydrocarbons.

4.8Data timeliness

The first EITI Report (2012 and 2013) was published in May 2015 and the second report covering 2014 in September 2016.

Revenue allocation

5.1Distribution of revenues

Honduras’s reports included a description of the distribution of revenues from extractive industries. Revenues are classified in accordance to the National Integrated System of Financial Administration (SIAF) and the Municipal Administration Integrated System (SAMI) available from the Ministry of Finance.

5.2Subnational transfers

Not applicable

In accordance with the Constitution of the Republic (Article 363), all ordinary tax revenues will constitute a single fund. The revenue streams included in this report except for the Population security fee and the taxes collected directly by the municipalities are considered ordinary tax revenue. Municipal-level taxes were considered in Requirement 4.6

5.3Revenue management and expenditures

Not assessed

In accordance with the Presidential Decree No 199 of 2011 , the Population security fee is directed to the Protection and Population Security Fund. The 2014 EITI Report indicates that 5% of the municipal tax is destined for the Municipal Social Investment Fund

Socio-economic contribution

6.1Mandatory social expenditures

The 2014 EITI Report includes the unilateral disclosure of aggregated social payments made by the companies but does not provide information on the beneficiaries of such contributions.

6.2Quasi-fiscal expenditures

Not applicable

Honduras does not have any active state-owned enterprises or QFEs.

6.3Economic contribution

The EITI Report disclosed the information required such as share of GDP, exports, employment but does not address EI revenues as a percentage of total government revenues.

Outcomes and impact

7.2Data accessibility

Not assessed

Honduras has not made any efforts to address these issues. There is potential to use government agencies like SAR and INHGEOMIN to produce and make available extractive data on continuous basis. Honduras could also use the framework provided by the IAIP to ensure the information is regularly available and incentivise the use of information by citizens, the media and others.

7.4Outcomes and impact of implementation

The MSG has reviewed and discussed, to a limited extend, the outcomes and impact of the EITI implementation in preparing the annual progress report. While Honduras has addressed the issues listed in this requirement, the broader objective of this requirement has not been fully fulfilled. The MSG should review the outcomes and impact of EITI implementation ahead of agreeing a new work plan. The MSG may wish to consider undertaking, in consultation with all constituencies, an impact assessment with a view to identifying opportunities to increase impact. The MSG is encouraged to consider whether to take a more active role in developing recommendations from EITI Reports and agree follow up and implementation. The MSG is encouraged to explore options for extending EITI implementation to address issues of that contribute with Honduras’s modernization efforts. The International Secretariat’s initial assessment is that Honduras has made meaningful progress in meeting this requirement.

7.1Public debate

Honduras has conducted a reasonable amount of communication and outreach efforts, especially in 2014 and 2015. However, these efforts have been drastically reduced in 2016. The 2014 EITI Report has been barely communicated and discussed.

7.3Follow up on recommendations

EITI-Honduras have addressed the discrepancies and identified gaps. Government agencies like INHGEOMIN has incorporated lessons from EITI implementation. Other agencies have identified the potential of using the EITI for further improvements. The MSG has taken stock on what has been achieved and opportunities for further improvements. However, the MSG has fallen short of developing a clear set of recommendations that could be communicated to other stakeholders including government agencies. Implementation of those recommendation is key to ensure the EITI contribute to the Honduras’s national priorities.

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