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Policy Forum was this week invited to a stakeholders meeting to validate a report which looks at the Tanzania Water, Sanitation and Hygiene sector (WASH) strengths and gaps for WaterAid Tanzania (WAT) to reflect on as they plan their new strategy. The meeting also aimed to offer an opportunity to gain insights on stakeholders’ plans with respect to key areas highlighted in the report and to solicit feedback and suggestions from partners on where they think WAT can add most value in the sector in the next five years.

The following are the key issues observed at the event:

1. Institutions, policies and stakeholders: There is more money, more players, more programmes and better organisation in the WASH sector now than in the past but there is lack of integration of sanitation and hygiene in national water policies hindering prioritization of sanitation and hygiene implementation across all levels, with much effect at village levels. It was also noted that budgeting tends to be input rather than output based and WASH funding is influenced heavily by short term political considerations. WASH stakeholders are numerous but there is little strategic dialogue among all key players on gaps, bottlenecks and impediments to WASH delivery.

2. WASH Sector performance, planning and sustainability: Tanzania will not meet either the water or sanitation MDG targets. The situation is worse in rural than urban areas and despite increased investments in water sector, Tanzania is not doing well in WASH, as more people (absolute numbers) still lack basic WASH services. Funding for water supply has not kept pace with population growth even though emphasis of investments is inclined towards water supply as opposed to sanitation.

3. WASH social context: Vulnerability is mainly driven by disability, exclusion and climate change.  Up to 13.2% of Tanzanians have one form of disability or the other. WASH is equally important to the children and the elderly who face different sets of risks which require targeted responses. Their periods of life are identified as particularly important: for example, the first 1,000 days of a child’s life or the transition from home to school, or from work to retirement all need elevated levels of water supply and sanitation.

4. Wash and climate change: Climate determines the economy of Tanzania and the livelihoods of people and WASH in particular are dependent on the climate.  Around 60% of the Tanzanian GDP is associated with climate sensitive activities, including agriculture, forestry, energy and tourism. Climate variability is already a major economic burden for Tanzania

WaterAid is a Policy Forum member organisation and the two have worked together in budget analysis and advocacy as well as governance reviews.

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The Problem of Sustainable Water Accessibility: Is it an issue of technology or accountability?

 

PRESS STATEMENT
for immediate release
[please share with your civil society and media networks, and email to SADC heads of state]

Issued by: The Coalition for an Effective SADC Tribunal
Date: 14 August 2015

On the eve of the SADC Heads of State Summit on Sunday 16th August the Coalition for an effective SADC Tribunal calls on heads of state to uphold the rule of law and human rights in the region by reinstating the SADC Tribunal.

In August 2014, contrary to the SADC Treaty of which Article 23 provides that decisions concerning the community and any affected persons or citizens must be made in consultation with them, the SADC Heads of State adopted a new Protocol on the SADC Tribunal, without any consultation. The SADC did not act in accordance with its own Treaty’s amendment procedures. As such the suspension lacks legality, “inter alia” because the SADC Treaty does not allow for suspension.

The new Protocol removes access to the Tribunal by individuals and legal persons, and removes its human rights mandate. To date the Protocol has been signed by nine member states, but will enter into force thirty days after ten countries have ratified it. It is not yet clear as to whether any country has actually ratified the Protocol through their national parliaments.

The Coalition for an effective SADC Tribunal is committed to championing efforts and advocacy to reinstate the Tribunal as it affects every single citizen and person in the region. The reinstatement would provide legal recourse to people seeking justice once they have exhausted existing legal remedies at the national level.

The disbandment of the old Tribunal and the adoption of the new Protocol effectively disregards the independence of the judiciary, separation of powers and the rule of law. It also impacts negatively on human rights and business confidence across the region.

We urge each SADC head of state to consider the merits of the SADC Tribunal in its original form and the positive impact it will have in the region - socially, economically and in terms of international best practice.

Coalition partners supporting this call include:
Policy Forum - Tanzania
Law Society of South Africa (LSSA) - South Africa
Council of Churches – Swaziland
Centre for Mozambican and International Studies (CEMO) - Mozambique
Human Rights Institute of South Africa (HURISA) - South Africa
Transformation Resource Centre (TRC) - Lesotho
Association for Justice Peace and Democracy (AJPD) - Angola
Media Institute of Southern Africa MISA - Regional
Tanganyika Law Society - Tanzania
Centre for Human Rights, University of Pretoria - South Africa
SADC Lawyers’ Association - Regional
Southern Africa Litigation Centre (SALC) - Regional
SADC CNGO Forum - Regional
Crisis in Zimbabwe Coalition - Zimbabwe
Citizen Engagement Platform Seychelles (CEPS) - Seychelles
Centre for Human Rights and Rehabilitation (CHRR) - Malawi
Open Society Initiative for Southern Africa (OSISA) - Regional
African Centre for Justice Innovation - Regional
International Commission of Jurists (ICJ) - Global

For more information please contact:
Muluka Miti-Drummond <mulukam@salc.org.za>
Dorothy Brislin <dorothyb@osisa.org>

“In many countries today, there are huge expectations from extractive revenues which can ultimately lead to overspending and debt among other things. Therefore it is important to have a law in place that manages these risks and challenges so as to meet the desired goals.”

This was said by Mark Evans, Africa Economic Analyst at Natural Resource Governance Institute  during the Policy Forum breakfast debate held on the 31st of July 2015 at the British Council Auditorium entitled “The Oil and Gas Revenue Management Act: What does it mean for government spending?”

Mr. Evans said that in order to meet the target expectations it is crucial to ensure the adopted fiscal rules are implemented such as the recurrent expenditure growth being limited to nominal GDP growth and if revenues from oil and gas are greater than 3% of GDP, the funds should be kept in the Revenue Saving Account (RSA) of the Oil and Gas Fund and if the revenues fall below 3% of GDP the funds should be transferred to the budget (Budget Consolidated Fund).

Evans said that the government should ensure careful spending and saving of oil and gas revenues whereby 60% of spending should be on strategic development expenditure. He also emphasized on the transparency and accountability provisions which enhance compliance with the law.

Mr. Saruni, a representative from the Ministry of Finance who was the discussant at the event, asserted that these resources from extractives are exhaustible and if they are not handled well they may not benefit us or future generations. Therefore it was important to have a law in place that will manage them and he assured participants that the President of Tanzania was to soon sign the Oil and Gas Revenue Management Act to guarantee national benefits.

He ended by saying that the law demands transparency by requiring oil and gas companies to publish their financial reports quarterly and the same is to be audited and submitted to the parliament. 

Soon thereafter, on the 4th August 2015 the President of Tanzania signed the Petroleum Act 2015, The Tanzania Extractive Industries (Transparency and Accountability) Act, 2015 as well as the Oil and Gas Revenues Management Act, 2015. To read more click on the following link: http://www.dailynews.co.tz/index.php/local-news/47976-jk-ceremoniously-signs-petroleum-bills

Nancy Kaizilege has been named Chairperson of Policy Forum and Paul Daniels as Vice Chairperson. Ms. Kaizilege is Secretary General of United Nations Association Tanzania (UNA - Tanzania), an  organization that aims at promoting public awareness, engagement and understanding of the activities of the United Nations in Tanzania. Mr. Daniels is the Care International Tanzania Country Director, an organisation working to enhance gender equality and climate change adaptation in the rural environment of Tanzania.

Nancy has over ten years of experience in stakeholder relations through her work with the United Nations Association of Tanzania dating back to 2003. In this time, among other things, she was the first official Tanzania youth representative to the United Nations General Assembly and also worked on youth projects with UNICEF in Muyovozi, Mtabila I and II and Lugufu camps in Western Tanzania.

“Ms. Kaizilege's experience working with the traditionally marginalised including youth make her a valued advisor to Policy Forum and its member organisations," said Semkae Kilonzo, the Coordinator of the network. "We are excited to have her perspective on the Board of Directors, and look forward to her inputs as we strive to enhance informed civil society participation in decisions that determine how policies affect ordinary Tanzanians, particularly the most disadvantaged,” he added.

Nancy holds an undergraduate degree in Business Administration and a Masters degree in International Business. She is also completing her final research paper to attain a postgraduate diploma in the Management of Foreign Relations from the Mozambique/Tanzania Centre for Foreign Relations.

Ms. Kaizilege succeeds Israel Ilunde of  Youth Partnership Countrywide (YPC) who at the end of his term stepped down at the 2015 Annual General Meeting. Policy Forum would like to extend its appreciation for the leadership provided by Israel Ilunde. His grassroots experience helped the network in identifying priorities and achieving its strategic objectives.

New commitments on financing for development are being negotiated in July in Addis Ababa at the Third Financing for Development Conference (FfD3). Tax and domestic resource mobilization have been placed in a central role in the negotiations. In order to increase domestic revenue, illicit financial flows and harmful tax practices have to be tackled.

In February 2015 President Kikwete adopted the African Union High Level Panel (HLP) report on Illicit Financial Flows from Africa. Among the various commitments are robust regulations, increased resources, capacity and transparency and curbing harmful tax incentives to foreign investors.The HLP report estimated that Sub-Saharan Africa loses more than 50 billion dollars annually (average of 2001-2012). This is more than the combined total of foreign direct investment (FDI) and net official development assistance (ODA), which these economies received in the same period.

The budget proposal for 2015/2016 does not take into account the revenue losses that are caused by various factors such as illicit capital flight as well as tax evasion and avoidance. For example Global Financial Integrity has estimated that Tanzania lost 2.5 billion euros in 2002-2011 only due to trade and transfer mispricing by multinational companies.

The 2015/16 budget is pegged at Tshs 22.48 trillion from Sh19.8 trillion for the year 2014/15: an increase of 15%. This move by the government is welcome and commendable. The biggest challenge with the endeavor, however, is whether the government will be able to collect these revenues adequately.

Recognizing this challenge and the adverse effects of these critical issues in Tanzania, we encourage the Government to support the following positions at the FfD3 conference in Addis Ababa:

- Support the establishment of an intergovernmental tax body that is tasked with addressing global tax policy, rather than the current Organization for Economic Cooperation and Development (OECD) led process that does not equally include all countries, including Tanzania. The decision about the tax body should be made during the High Level Meeting in Addis Ababa and not be postponed to a later moment, because otherwise countries are going into the Sustainable Development Goals Summit in New York in September without significant progress.

- End harmful tax incentives nationally, regionally and globally. Multinational companies are receiving too extensive tax exemptions and not paying their fair share of tax while citizens are bearing a disproportionate tax burden due to an over reliance on consumption taxes in revenue collection such as Value Added Tax (VAT) and Pay As You Earn (PAYE). Restrain from further developing Economic Free Zones.

- End harmful tax treaties that limit the ability of Tanzania to raise revenue to fund quality public service delivery. Tax treaties are intended to prevent multinational companies and individuals from paying tax twice in two countries, but instead exploitation of these treaties with poor terms for “source countries” are leading to Tanzania potentially losing revenues.

- Increase the transparencyof the international and national tax systems. In order to regulate, monitor and increase the accountability of tax systems, multinational companies should be obliged to disclose their financial accounts annually. Tanzania should also promote country by country reporting of all Multinational companies. Up to date information about national revenue income should be available to the public at relevant public authorities. Additionally, the government should establish public register of beneficial ownership of companies operating in the country.

- Increase the resources of revenue authorities to oversee and collect revenue from multinational companies.

- Review regressive tax policies, such as indirect taxes, to address inequalities.  Taxation reform should mobilize additional and sufficient resources to comply with States’ obligations to commit the maximum available resources to fulfilling human rights.

 

Presented by

PF Budget Working Group & Tanzania Tax Justice Coalition
 

On the 25th of June, 2015, Policy Forum participated in the public launch of the “Stop The Bleeding” Campaign in Nairobi aimed at curbing Illicit Financial Flows (IFFs) from Africa. The Campaign, driven by African civil society organisations with support from international non-governmental organisations (INGOs), aims at appraising the findings and recommendations of the Report of the High Level Panel on Illicit Financial Flows from Africa  for a strengthened Africa response and facilitating consultation among key African CSOs to strengthen independent efforts to curb IFFs at national, sub-regional and continental levels.

The launch began with CSOs convening on the 24th of June, 2015 at the Sarova Panafric Hotel in Nairobi where presentations on problematizing IFFs in the African context made. Participants heard about the implications for the Financing for Development (FfD), took stock of CSO engagement to-date including what was working and the gaps, and experiences in engaging key constituencies like gender groups and labour movements. The CSOs agreed on a call to action which comprises of the following:

Global/International community

- The international community should  cooperate in the recovery and repatriation of illicit financial flows out of Africa, as recommended in the Mbeki Report on Illicit Financial Flows

- The international community should support and make available resources necessary for the establishment and operation of a new intergovernmental body on international cooperation in tax matters.

African Union and Other Institutions

- African governments through the African Union must call for and push for the establishing of a new intergovernmental body on international cooperation in tax matters with responsibility for setting rules/norms.

- African governments through the African Union and its agencies should promote national and regional value chains to maximize their benefits from the current global trading and tax system

Sub-Regional

- African governments through the regional economic communities should collaborate  to set common standards and minimize the  effect of tax wars within the African continent

National Level

- African governments should implement the recommendations of the AU/UNECA High Level Panel Report on IFFs

- African governments should adopt  a full range of progressive taxation measures as a primary means of funding national development goals and reducing inequality

- African governments should  minimize tax expenditure by significantly reducing  tax incentives and exemptions

- African governments should  review  bilateral taxation treaties with developed countries to ensure that they are  getting their fair share of revenue

- African governments should assess and track the tax burden on poor men and women; and ensuring fiscal policies are gender sensitive

- African governments should  building domestic production capacity, ownership and service provision in trade infrastructure development

The launch event on the 25th of June involved a series of press junkets, general public assemble at Uhuru Park for entertainment and solidarity speeches followed by a public procession. The launch was organised by an Interim Working Group (IWG) of the African IFF Campaign Platform made up of six Pan-African organisations namely Tax Justice Network-Africa (TJN-A), Third World Network-Africa (TWN-Af), Africa Forum and Network on Debt and Development (AFRODAD), the African Women’s Development and Communication Network (FEMNET), the African Regional Organisation of the International Trade Union Confederation (ITUC-Africa) and Trust Africa supported and joined by the Global Alliance for Tax Justice (GATJ).

Following this campaign launch, a side event will be held on the margins of the upcoming 3rd Financing for Development Conference (FfD3) in July in Addis Ababa, Ethiopia. The purpose of the side event would be to introduce the Africa IFF campaign, re-emphasis the importance of taking forward the recommendations contained in the “Mbeki HLP report”, and highlight some of the joint plans that CSOs and other African institutions such as the African Union and UNECA have been undertaking to push for the implementation of the “Mbeki HLP report”. The side event will target African delegations, CSOs, African institutions and agencies present at the FfD3 conference. The side event will feature a panel session comprised of representatives from the African Union Commission, Africa Group delegation, UNECA and civil society.

On June 16th, 2015, the Government of Tanzania tabled in parliament three bills related to extractive industries under Certificates of Urgency. The bills are The Tanzania Extractive Industries (Transparency and Accountability) Act 2015, The Oil and Gas Revenue Management Act 2015 and The Petroleum Act 2015. 
 
To this effect, we the undersigned Civil Society Organizations convened and deliberated on the bills in Dares Salaam from the 21st to 23rd of June, 2015 aiming at providing inputs for improvement of the proposed legislations with national interests at the fore.
 
We highly COMMEND the government for its efforts and determination to manage this national wealth effectively and strategically for the benefit of the current and future generations of this country. We UNDERSCORE the fact that, in the overall, the three bills have many positive aspects to safeguard national interests in tandem with encouraging investments in the sector, as well as ensuring transparency and maintaining macro-economic stability.
 
Despite this, we are CONCERNED about the rushed process to pass these important pieces of legislation and with apprehension, we note that this is becoming the norm as in 2010 with the Mining Act, similar haste was observed. More important, nevertheless, it is critical that the government gets the legislations right.
 
We APPEAL to members of Parliament to diligently scrutinize the bills even though there is much attention being afforded to the general election and other priorities are being overridden. 
 
1.1 Draft Petroleum Act, 2015
While the bill sets up a sophisticated institutional structure for managing the petroleum sector, designed potentially to promote checks and balances and specialization among the different functions necessary in order to manage the sector effectively, there are several sections that risk creating administrative overlap, confusion, or distorting the incentives of these public institutions to optimally manage the sector. 
 
Most importantly, the unclear use of the word “exclusive” in relation to National Oil Company’s powers in Sections 10(2) and 45 creates a risk of conflicting interpretations and accountability challenges. While such a system can confer certain advantages in terms of empowering the NOC to learn the business and chart its own partnership strategies, it also carries the risk that the selection of partners will be driven more by the NOC’s commercial interest than the overall national interest. This is inconsistent with the spirit of the National Gas Policy and the 2014 draft Petroleum Policy.
 
Section 6: “The Commissioner for Petroleum Affairs shall be the advisor of the Minister on policy, plans and regulations as well as the day to day administrative matters in the oil and gas subsector.”
 
Concern: creating the position of petroleum commissioner who will be at the same level as the commissioner for Energy could possibly create functions overlap and conflict, but also technically petroleum falls under Energy sector.
 Recommend: To create Deputy Commissioners with specific functions on Petroleum and/or Energy since It may be appropriate to retain and strengthen office of the Commissioner for Energy to avoid overlap
Section 45: “The National Oil Company shall have exclusive right over all petroleum rights granted under this Part.” 
Concern: These two sections are conflicting  S.45 (40 specifies the NOC share and S. 219 (1) which gives the government discretion to decide the share also this section raises accountability challenges as well as creating institutional monopoly.
 
Recommend: The exclusive rights for NOC should be subjected to parliamentary scrutiny
 
Section 101 (3): “The license holder and contractor shall not flare or vent petroleum without prior consent from PURA.”
 
Concern; the law makes PURA the final decision maker without concerting environmental management agencies.
 
Recommend:  The Minister to issue permission to flare upon written advice from PURA and NEMC
 
Furthermore, it is critically important that the bill makes provisions that require publication of key information to enhance transparency of the petroleum sector. These may include but not limited to: bidding documents- pre-qualification criteria, a list of pre-qualified companies, bid criteria, list of bidders, the winning bid, a bid evaluation report justifying the winning bid based on the criteria. Full text contracts, along with their amendments and annexes, and beneficial ownership of license holders, Environmental impact assessments, environmental management plans and annual reports and local content plans and reports.
 
1.2 Oil and Gas Revenue Management Act 2015
The proposed legislation contains very important provisions to ensure prudent management of revenues accruing from oil and gas extraction; maintain fiscal and macroeconomic stability and aligning strategic investment with medium to long term development priorities, hence, sustainable development. However, the proposed fiscal rules do not guarantee intergenerational equity in terms of saving a proportion of the revenues for future generation as provided in the Natural Gas Policy 2013. 
 
Limiting the funding for strategic development expenditure to 60% of funds transferred to consolidated account may undermine requirements for such investments when the absorption capacity warrants spending 100% or more of the transfer to consolidated account from the Fund. Further, the proposed law lacks clarity on the maintenance of fiscal deficit (Section 17. (1)(b). For more clarity, the provision ought to be improved to ensure that maintenance of fiscal deficit takes into consideration the timing of revenue flow (excluding designated oil and gas revenues) from such a time when revenues attain a level of atleast the set cap of 3% of GDP when revenues fall permanently bellow the cap.
 
While the proposed law intends to ensure availability of funds for investment by the National Oil Company (NOC), tying funds of the NOC to 0.1% of GDP  does not necessarily guarantee a share of revenues that is appropriate given its objectives and or its capacity to spend. To avoid potential challenge of either underfunding or overfunding of NOC, the government may consider funding through Consolidated Account based on the NOC’s medium to long term investment plan. 
 
1.3 Tanzania Extractive Industries (Transparency and Accountability) Act 2015
We believe that the proposed law will strengthen Tanzania’s commitments to revenue transparency started by joining EITI global movement in 2009.We note that since then TEITI Multi stakeholder Group (Operations) has been done through a Memorandum of Understanding, without any legislation. The proposed law will provide legal basis for the enforcement of commitments as underpinned by the EITI standards and in line with government commitments to openness and accountability in oil, gas and mining sectors.
 
However we need to raise some obvious weaknesses in this proposed law including making the committee a government entity thereby lacking independence. We call upon the government to ensure that the governing body (TEITI MSG) retains its autonomy and independence in electing its own members, raising its own material and human  resources as well as ensure protection from political interference. 
 
Furthermore the minimum penalties suggested for not disclosing the information as required does not reflect the value of the extractive sector and needs to be reversed. 
 
Signed:
(1) Policy Forum
(2) Oil, Natural Gas & Environmental Alliance (ONGEA)
(3) HakiMadini
(4) Interfaith Standing Committee on Economic Justice 
(5) Governance and Economic Policy Center
(6) International Alliance of Natural Resources in Africa (IANRA)
(7) Governance Links
 
 
 

An Interim Working Group (IWG) of the African IFF Campaign Platform made up of six Pan-African organisations namely Tax Justice Network-Africa (TJN-A), Third World Network-Africa (TWN-Af), Africa Forum and Network on Debt and Development (AFRODAD), the African Women’s Development and Communication Network (FEMNET), the African Regional Organisation of the International Trade Union Confederation (ITUC-Africa) and Trust Africa supported and joined by the Global Alliance for Tax Justice (GATJ) will launch a unified African Campaign platform on IFFs. The launch will be held on the 25th June 2015 in Nairobi, Kenya.

The main goal of the campaign is to stop IFFs from Africa. The aim of the launch is to implement one Africa Campaign on IFFs that is led and driven by African civil society organisations with support from other partners including international non-governmental organisations (INGOs).

As a follow up to the public launch of the Campaign in June, a side event will be held on the margins of the upcoming 3rd Financing for Development Conference (FfD3) in July in Addis Ababa, Ethiopia. The purpose of the side event would be to introduce the Africa IFF campaign, re-emphasis the importance of taking forward the recommendations contained in the “Mbeki HLP report”, and highlight some of the joint plans that CSOs and other African institutions such as the African Union and UNECA have been undertaking to push for the implementation of the “Mbeki HLP report”. The side event will target African delegations, CSOs, African institutions and agencies present at the
FfD3 conference. The side event will feature a panel session comprised of representatives from the African Union Commission, Africa Group delegation, UNECA and civil society.

For more information on how you can be involved in the period leading up to the 25th June campaign activities and beyond please contact Savior Mwambwa mwambwa@taxjusticeafrica.net

An Bill to provide for regulation of upstream, midstream and downstream petroleum activities, establishment of the Petroleum Upstream Regulatory Authority, to provide for the National Oil Company, to secure the accountability of petroleum entities and to provide for other related matters.

Read the bill by clicking the attachment below.

This Bill intends to introduce the Tanzania Extractive Industries, Transparency and Accountability Act, for the purpose of establishing  the Extractive Industries, Transparency and Accountability Committee whose prime duty is to ensure that there is transparency and accountability in extractive industry. In securing transparency and accountability of extractive industries, this Bill responds to challenges faced by the Government in managing extractive industries including low contribution of the industry to the National Growth Domestic Product (GDP) as compared to the sector growth, inadequate capacity of the Government institutions in administering the sectors, lack of transparency in disclosing information relating to the investment of extractive industries and revenues accrued from natural resources extraction.

Read the bill by clicking the attachment below:

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