Participation and Accountability<\/p>\n
Transparencia por Colombia, with the support of the Open Society Foundations, Ford Foundation and the Mesa de la
\nCivil Society for Transparency in the Extractive Industries, facilitated a public dialogue on the
\nchallenges of the Reform to the General Royalties System \u2500SGR\u2500 around participation issues,
\ntransparency and accountability. This dialogue will be moderated by Claire Launay, Director
\nProgram of Initiatives with Civil Society of Transparencia por Colombia.
\nThis space was attended by six invited panelists from civil society (most of whom were from
\nthey are members of the Mesa de la Sociedad Civil para la Transparencia en las Industrias
\nExtractive). The organizations represented by the guests work or are interested in the System.
\nGeneral de Regal\u00edas. Three of them are representatives of regional organizations, as follows:
\n1. Marcela Vega Saavedra. Director of Education for Governance. Scholarship Holders Association
\nof Casanare \u2500ABC Casanare. Representative of ABC Casanare in the Civil Society Roundtable
\nfor Transparency in the Extractive Industries.
\n2. Astrid Navarro. Coordinator of Responsibility and Social Projection of the Valledupar branch of
\nCSIR Cesar. Cesar Royalties Follow-up Committee. Member of the Board of the Society
\nCivil Society for Transparency in the Extractive Industries.
\nJuan Pablo Remolina. Executive Director of ProSantander.
\nAnd three of them belong to national organizations:
\n4. Fabio Velasquez. Advisor to the Executive Chairmanship of the National Forum for the
\nColombia. Member of the Mesa de la Sociedad Civil para la Transparencia de las Industrias
\nExtractive.
\n5. Daniel Castillo Camacho. Economist of Crudo Transparente. Member organization of the
\nMesa de la Sociedad Civil para la Transparencia de las Industrias Extractivas y representante
\nto the EITI National Tripartite Committee.
\n6. Andr\u00e9s Hern\u00e1ndez. Executive Director of Transparencia por Colombia. Technical Secretariat of
\nthe Mesa de la Sociedad Civil para la Transparencia de las Industrias Extractivas (Civil Society Roundtable for Extractive Industries Transparency).
\nThe objective of this virtual discussion was to foster a constructive and public dialogue that would allow for
\nto recognize the main challenges of the General Royalties System at the current juncture. The above with the
\nto make recommendations to improve accountability, transparency and participation.
\nin the system. This thematic trio was the key to the development of this space.<\/p>\n
Introduction
\nAndres Hernandez: In 2013, together with other entities interested in strengthening the
\ntransparency within the SGR, the creation of the Civil Society Round Table for the
\nTransparency in the Extractive Industries. Within the framework of the SGR reform, the Bureau has reviewed the
\ndocuments related to the reform of the SGR, including Legislative Act 05 of December 26, 2005.
\n2019 (the act introducing the reform) and the drafts of the bill regulating the reform.
\nreform. The reform is an opportunity to strengthen, broaden and improve the levels of
\ntransparency, accountability and citizen participation. Therefore, the following issues have been addressed
\nfollowing topics:<\/p>\n
1. The background of the royalty resources: The proper use of these resources can favor
\nthe country’s development. It can close the social inequality gaps that exist in the country.
\nThis will give meaning to both the reform and the management of royalty resources.
\n2. Strengthen the principles for transparency and access to public information: Although the principles of transparency and access to public information are
\nColombia has made progress in access to information mechanisms derived from the Law on Access to Information.
\n1712 of 2014, it is necessary to continue working to strengthen access to information.
\nespecially in royalty issues. Improving access to public information will allow
\nto provide much more effective monitoring and surveillance.
\n3. Presence of instances and guarantees of participation in the approval stages of the
\nprojects financed with royalty resources: it is important to have the presence and participation
\neffective participation of the beneficiaries of the royalty resources in the formulation of the projects. This
\nto ensure that the projects are more closely linked to the needs of the population and to the
\nlocal and regional development needs.
\nGeneration of favorable conditions for citizen oversight: These are necessary for
\ngenerate more effective and solid dialogues between citizens in general and beneficiaries,
\nlocal and national authorities.
\n5. Strengthening Information Systems: It is necessary to improve the tools for
\ntraceability in the use of resources. Although Colombia has a number of
\ninformation such as MapaRegal\u00edas and with initiatives such as EITI, there is a need for an
\nmore effective traceability to be able to know how decisions are being made and how the
\nThe use of these resources benefits the communities.
\n6. Strengthen the roles of those agencies in charge of the State control of the
\noperation of those extracting non-renewable resources: In this case, the National Agency for the
\nThe National Mining Agency and the National Hydrocarbons Agency are the ones that carry out this activity. Yes
\nAlthough these entities have been working to expand these auditing processes, they still need to
\nconsolidate, expand and strengthen.
\n7. Works for royalties: These should be articulated with territorial planning exercises.
\nThe current context motivates us to reflect on and pay more attention to the royalty resources used
\nto contain the pandemic. A resource that will have to be recovered in an uncertain scenario for the
\nextractive sector, but is relevant for the financing of mining projects.
\ndevelopment at the national level.<\/p>\n
First guiding question:
\nThe development of this virtual discussion was articulated through three (3) guiding questions and
\nquestions from the audience. As a result, and following the intervention of Andr\u00e9s Hern\u00e1ndez, Claire
\nLaunay poses the following question to all the guests: What are the challenges in the area of
\ntransparency, accountability and participation of the SGR reform?
\nWith respect to transparency, Marcela Vega pointed out that tools such as MapaRegal\u00edas or SECOP
\nare difficult to handle and reach. This limits project-related decision making. Therefore
\nTherefore, the challenge is to educate and disseminate the tools so that the communities have greater access to them. It is also important that the websites of mayors’ and governors’ offices be updated with the latest information.
\nupdated. These pages should be the first place where the citizen goes to, accesses, and
\nfind the information.<\/p>\n
In terms of accountability, the challenge is to make its mechanisms more inclusive and
\nthat allow the participation of all population groups. It is necessary that all the
\ninformation arising from the accountabilities is published on the websites of the entities
\nand municipalities.<\/p>\n
Fabio Vel\u00e1zquez indicates that in terms of participation, royalties face three major challenges:<\/p>\n
1. Incorporate a democratic governance approach in the management of royalties and in general
\nin the extractive sector: This sector has a hierarchical management scheme. Governments
\nand local authorities and citizens are quite relegated and marginalized in the possibility
\nto participate in decision making.<\/p>\n
The challenge is to ensure that this reform incorporates elements of democratic governance.
\nin the sense of promoting mechanisms and procedures for effective participation1 along
\nof the royalty cycle.<\/p>\n
2. Create conditions for effective participation: To this end, the following conditions must be created
\ninstitutional type. These refer to the creation of instruments, devices and
\nprocedures for the exercise of participation. It is necessary that the supply of information
\nis sufficient, relevant, valid, reliable and accessible to citizens who are interested in the
\nwish to make use of the right to participate. In order to achieve effective participation it is
\nnecessary to finance participation. And that there be state initiatives for the promotion
\nof participation.<\/p>\n
Also, social conditions must be created. These refer to the
\nempowerment of social actors and guarantees. On the one hand, these guarantees must be of
\nand security for those who follow up on royalty resources and\/or for those who
\nthose involved in making decisions that have to do with the use of the company’s resources.
\nroyalties. On the other hand, they should be guarantees for expanding civic space. That is, for
\nensure an environment and climate that facilitates citizen participation.<\/p>\n
3. Achieving effective participation and transforming the sector’s governance model.
\nand the management of royalties: This challenge is more medium and long term, but it does not
\nless urgent. It consists of transforming the ways in which the State establishes a
\ninteraction with citizens. This is because it is still thought that participation is a requirement
\nto be complied with so that it does not interfere with the development of the processes. It is necessary to change
\nthis idea.<\/p>\n
In addition, it is necessary to transform State structures through the incorporation of
\npractices that renew the actions of public entities. Initiatives such as EITI, Government
\nOpen, Open Budget are some examples of programs that would help to modify
\nthe ways in which the State deals with citizen participation issues.<\/p>\n
1 For Fabio Vel\u00e1zquez, effective participation is a participation that includes and incorporates all stakeholders.
\nactors who must and want to participate. It is an informed participation, which is why access to information is important.
\ninformation. It is important that it is incident, that it has an effect on public decisions, and that it has an impact on the public’s decisions.
\nnot only from the transformation of the State, but also from the actors themselves, in order to build
\nagreements on the use of royalties.<\/p>\n
To the question, does this reform project address these three challenges? Fabio Velazquez
\nanswers no. The explanation to this answer will be developed later along with some
\nobservations and proposals to the reform.
\nAstrid Navarro points out that the SGR Reform has many gaps in terms of participation.
\ncitizen. These gaps are potentiated when they are taken to the territories. The territories do not have
\naccess to information, to telecommunication technology as the veedores have in
\ncities. The reform falls short and even more so for the territorial overseers.
\nThe important thing is to strengthen municipal, co-municipal and even local participation. With the
\nThe reform is expected to establish real participation mechanisms for these territories. The
\nveedur\u00edas do not receive any kind of resources to carry out their activities. Therefore, it is an issue
\nto be considered.
\nAlso, it is important to understand that participation and transparency are not issues that arise in the context of a single company.
\nwhen the project is executed. The proposal is to guarantee the traceability of the participation from the
\nproject formulation, contracting, implementation, and pre- and post-project evaluations.
\nthe project has been completed. In this sense, the training of the overseers is very important. However,
\nThe SGR reform does not include any of these elements that favor participation.
\nJuan Pablo Remolina mentions two major challenges:
\n1. Royalties in terms of participation, accountability and transparency: Talking about royalties
\ninvolves talking about the extraction of royalties and the expenditure of royalties. In the extraction, the following is evident
\na lack of information on compliance with the agreements established with the State. Not enough
\nwith knowing if they are paying what they should be paying. Is to know if they are complying with the standards
\nenvironmental, social, industrial, community relations, technical, among others. This
\ninformation is important. It must be measured and, above all, shown to the community.
\nThere are two areas of royalty expenditure. The first: Calculation of the distribution
\nof royalties and audit resources. There must be transparency in both. The second area
\nfocuses on investment. There are many concerns about the project approval process.
\nfinanced with royalties. Mapa Inversiones is a very valuable platform. She compiles
\nresources of Mapa Regal\u00edas projects, but it is necessary to have a dynamic, living platform, an
\nFacebook type of public investment. Nothing is done when working with static platforms,
\nwith closed information and little use.
\nReform challenges: In this part, there are three issues related to the expenditure of the resources of
\nroyalties.
\nThe elimination of the Collegiate Administrative and Decision-Making Bodies \u2500OCAD: The role.
\nof the OCADs is to seek multilevel governance, reduce corruption risks and increase
\nthe quality of spending. Even today, it is difficult to guarantee that projects will meet the criteria or
\nnecessary requirements. Without the OCADs, there is a risk of going backward in terms of
\ncompliance with requirements to ensure the quality of spending.
\nThe elimination of the Advisory Committees: It is not possible at this point in time to pretend to
\ndecrease transparency and institutional participation in the approval of projects.
\nThese spaces for participation cannot be reduced. The following should be strengthened and
\nnecessary tools to make it happen. Citizen participation cannot be
\nonly in the strategic part. It is also important that participation occurs in the review of the technical criteria, the location of the projects, in the approval and execution of the
\nprojects financed with royalty resources. That is where there must be participation
\ncitizen.
\nThe Monitoring, Follow-up and Control System: The Project Management Index of
\nRoyalties indicates that transparency in royalties has increased significantly in the last year.
\ntime. This is because there is a suspension of turns. Failure to report will result in the suspension of the money orders.
\nNow, what will happen is that there will be no suspension of turns. This can mean a
\nsetbacks in terms of royalty transparency.
\nDaniel Castillo Camacho It is very complex to think about eliminating the OCADs and not having a figure that would
\nreplace. These bodies seek to provide greater citizen participation. They are the way in which
\ncan be controlled and accounted for in a transparent manner.
\nAny mechanism or law that is created will not be exempt from the appearance of acts of corruption. By
\nTherefore, the main point is to achieve a transfer of knowledge and skills. This
\nwill allow citizens to understand the importance of royalty resources and how these resources are used.
\nresources may be expressed in projects that meet the real needs of the territory. A
\nOnce this transfer of knowledge and skills has been achieved, any mechanism for
\nparticipation, transparency or access to information will be effective. In this way
\nIn parallel, it is necessary to promote, expand and strengthen mechanisms for citizen participation.<\/p>\n
Questions from the audience:
\n1. For Crudo Transparente: How can you verify that the royalties are
\nused for local development?<\/p>\n
Daniel Castillo Camacho responds that Crudo Transparente follows up on these cases on a monthly basis.
\ninvestments. The reports give an overview of how royalty resources are invested. Show
\nthe amount of resources and in which sectors investments have been made. Last year (2019), Crudo
\nTransparente published the Quality Index of Royalty Projects, which shows the incidence of
\nsuch investments in the quality of life of the population. This index relates the investment
\nThe company’s activities in each department are linked to the economic and social progress in each territory. In this way,
\nboth the monthly report and the index are tools used by Crudo Transparente for
\nverify the use of royalties in both quality and quantity. All monthly reports
\nthrough May 2020 and the index published in October 2019, are available on the website of
\nEcru Transparent.<\/p>\n
2. Question for all the guests: What do you think about including in the Management Index measurement?
\ncorruption factors and social impact?<\/p>\n
Daniel Castillo Camacho The Management Index is elaborated by the National Department of
\nPlanning\u2500 DNP. It is aimed at the execution and administrative management of the System. This index does include
\na transparency variable. Therefore, it could be said that this variable takes into account the
\ncorruption.<\/p>\n
Based on the experience gained in constructing the Royalty Project Quality Index, measuring the quality of the
\ninfluence of the projects is not easy. The nature of this Management Index, as it is purely administrative, may not allow for the inclusion of this variable. For this reason, the Transparent Oil index seeks to
\nmeasure social impact not as a variable but as a whole.
\nAstrid Navarro CSIR has analyzed the Transparent Crude Oil Index and all of the Measurement and
\nPerformance of the SGR and DNP. This allowed us to identify that both indexes measure variables
\nquantitative. In other words, they do not take into account both positive and negative social impacts.
\ngenerated in the territories. For this reason, CSIR is working on a proposal that will
\ninvolves a pilot in the department of Cesar.<\/p>\n
This pilot will include qualitative variables that will be collected through focus groups. This
\nThe proposal will be made from the beginning of the projects financed with royalty resources. By
\nIt should have a baseline of a community, then look at what the formulation process looks like,
\nand then measure the social impact of that project. This type of analysis is needed and is one
\nof the challenges that CSIR has set out to meet together with the civil society organizations that
\nwould like to join this initiative.<\/p>\n
Juan Pablo Remolina Every index should be designed to be applied to all units of
\nobservation. In other words, the Project Management Index must measure more than 15,000 (fifteen thousand)
\ninvestment projects. So, it is very complex to determine the corruption in all of those
\nprojects. Unless you have the necessary tools to do so.
\n3. Last question: Why does the reform propose to eliminate the OCADs and what could be the alternative?
\nto replace them?
\nJuan Pablo Remolina There are several hypotheses for its elimination:
\n1. The existence of unexecuted balances.
\n2. The OCADs generate unnecessary expenses for the National Government.
\nIt is necessary to pay attention to the evidence that allows correcting the situation or the problem generated.
\nby the OCADs. Evidence indicates that there are entities with high approval rates. If the
\nThe problem is the expense generated, other alternatives could be considered. However, it is necessary that the
\nThe objective of the reform is to create a body that allows for multilevel governance, reduce risks, and
\nof corruption, which allows decisions to be taken jointly and which really ensures that the
\nfor the quality of the investment. The OCADs have contributed to these elements. Eliminating them involves
\nreturn to the previous system where the approver and executor will be the same institution.<\/p>\n
Second guiding question:
\nWhat is the influence of the current pandemic on the sector and the use of royalties?
\nAstrid Navarro The department of Cesar has a large amount of royalty resources, but at the same time, it has
\nThe cross-checking of this with the relevance of the investment reveals the existence of municipalities with high needs.
\nunmet basic needs, a weak health care system to cope with the pandemic and high rates of
\nunemployment (as in Valledupar). This is the moment in which the rulers, the same people, the same
\nentities and all stakeholders can exert the necessary pressure to change the way in which
\nprioritizing investment and executing royalty resources.<\/p>\n
The declaration of emergency allowed direct contracting to increase and, of course, the
\nof corruption. This statement arises in view of the investigations that opened up the
\nThe Attorney General’s Office, the Comptroller General’s Office and the Prosecutor General’s Office on how the resources are being invested in the middle
\nof the pandemic. This sets a path for us to be more proactive and to ensure that the investment
\nreally reaches the sectors where it is needed: health, education, among others.
\nAndr\u00e9s Hern\u00e1ndez There are several elements to answer the question. The first: Resources for
\nThe funds to address the pandemic come from the Savings and Stabilization Fund. This fund has accumulated resources
\nfor several years. The reform succeeds in allocating a larger budget to the territories, but, in
\ndetriment to the Savings Fund. The resources of this fund are important for times of
\nunpredictable crises, such as that caused by Covid-19. The reform is leading to a very low level
\nthe possibility of saving for future contingencies. Therefore, it is
\nWe need to rethink the way in which these savings are being affected.<\/p>\n
The second element has to do with the reduction of income from resources
\nnon-renewable natural resources. Colombia has a significant income from these resources. Do not have these
\nor have an eventual reduction in income in the medium term implies that we will have to
\nto address a more complex fiscal scenario, with a great need and with a great limitation of
\nresources.<\/p>\n
The third element refers to the instruments of power concentration. The eventual
\nconcentration of decision making has a lot to do with royalties and the SGR. The government
\nThe national government indicates that eliminating the OCAD will give greater autonomy to the territories, but how to have the
\ncontrol of this decision making? How do you maintain this control through traceability of the
\ninformation? How to access useful data? and how do we invent mechanisms for
\neffective participation amidst the impossibility of face-to-face interaction?<\/p>\n
Within the framework of this reform, there is a very interesting element, which is the handover to the Ministry of Mines.
\nthe formulation of a Transparency Policy in the sector. If the reform passes, this Policy will
\nTransparency will have to establish new conditions to ensure that such participation is
\neffective. And to establish conditions to ensure that transparency is not only visibility.
\nColombia has made great strides in visibility. However, progress needs to be made in effective participation,
\nin useful data and in the impact on decision making.<\/p>\n
Marcela Vega Saavedra The impact of the pandemic on the hydrocarbon sector has been very strong. The
\nvolatility and lower oil prices have meant that oil wells have been shut down. In this
\nThere is an impact in terms of job losses. Also, this will be reflected in the loss of resources
\nof royalties. In Casanare, royalty resources have been used to subsidize the payment of utilities.
\npublic. However, the contingency brings to light the weaknesses in the formulation of the projects.
\nThe pandemic has also highlighted the technology gap. People may have an interest in
\nand follow up on royalty projects, but this technological gap severely limits
\nthis interest. Therefore, this crisis evidenced the need for virtuality. Addressing this need
\nwill enable the communities in the territories to acquire tools and knowledge to use the
\nplatforms such as MapaRegal\u00edas.<\/p>\n
Juan Pablo Remolina Citizen participation faces great challenges. For example: in
\nSantander 40% of households do not have internet access. At the rural level, more than 75% do not have
\ninternet access. We face major challenges in terms of controls and citizen participation, which may mean that these limited resources are not allocated to the objectives of the company.
\nrequired.<\/p>\n
Projects that were not viable before may be needed today. However, it may be because of the
\nthe needs of the territory do not pass through the appropriate controls, and no measures are taken to
\nthe most balanced decisions, who do not have the appropriate technical studies to determine that
\nthe exploitation of these projects is in the best interest of the territory or that the exploitation is not in the best interest of the territory or that the exploitation is not in the best interest of the territory.
\nto the detriment of the corresponding environmental and social issues.
\nThere is also the risk of generating a greater dependence on royalty resources or that the fabric of the
\nThe company’s economic and social development strengthens its dependence on this source of resources. This makes it difficult to
\nto think of strategies for diversification and sophistication of the local economy.
\nDaniel Castillo Camacho The answer to the question will be divided in two. On the one hand, the effects of this
\nin the short term. The current situation has helped to identify the need for the
\nStabilization Savings. This fund will be necessary if we are considering a scenario of loss of
\nenergy self-sufficiency, where price volatility continues and demand remains high, and
\ndecreasing. The resources of this fund are precisely for that purpose. However, if the fund receives less
\nresources it is going to be difficult to deal with a situation with the above scenarios.
\nIn April, the Government issued Decree 513 of 2020. The purpose of the decree was to finance
\nthe projects that sought to address the emergency situation using royalties, specifically
\ndirect allocations and royalties that are in the Regional Compensation Funds. This decree
\nhas boosted the operation of the SGR. As part of the monthly reports made by Crude Oil
\nDuring the first quarter of the year, 84 projects were identified in different sectors and
\ndifferent regions. In April and May, 265 projects were identified. 70% of these
\nprojects have been to address the emergency.<\/p>\n
These 180 projects have very specific objectives for very clear needs such as delivering
\nof markets, utility rate subsidies, and infrastructure improvements.
\nhospital. In June, the work is to identify the progress of these projects. If they have
\nand whether they have been fully executed. As these are specific, short-term projects for
\nemergency must move forward. As quickly as they are approved, they need to move forward.
\nquickly.<\/p>\n
On the other hand, what will happen in the medium term. Contingency has affected the royalties budget
\nbecause it depends on the price and sale of oil. Therefore, attention should be given to the
\ninvestment of the little resources that will be available in the 2021- 2022 biennium. Therefore, future investment must
\nbe better focused, with greater transcendence and not end up in infrastructure projects of
\ntransportation. This is one of the main types of royalty-funded projects and is often the most common type of project.
\ndo not bring a greater benefit to the communities.<\/p>\n
Third guiding question:
\nWhat are the recommendations to decision-makers on SGR reform?
\nFabio Velasquez. The reform does not address the challenges of governance. This can be explained from
\nthree topics:<\/p>\n
1. The approach and objectives of the law: in the second article of the proposed law there is no
\nobjective dedicated to participation, with the exception of number 7. This refers to ethnic groups.
\nSo, there is a gap there because the beneficiaries of the reform are all of the
\nColombians. Therefore, it is a fairly well-defined objective.
\n2. Decision-making bodies: the project creates a Governing Committee composed only of the following members
\nby governmental entities. Also, the regional OCADs have the participation of the
\nethnic communities, exclusively. Although it is very good that this group is incorporated
\nin the OCADs, ethnic communities are not the only ones living in the regions.
\nOCAD Paz, created by Legislative Act No. 4 of 2017, has no participation.
\ncitizen. The members of OCAD Paz are all governmental members. From the
\nFrom the point of view of decision-making structures, this OCAD is a closed structure.
\nwhich reiterates the government’s dynamic decision-making in the sector and in particular with
\nthe issue of royalties. The government argues that this is a very technical issue. But, in
\nthese decision-making and policy-making bodies with respect to the management of
\nThere should be citizen participation in royalties.
\n3. Related to procedures and devices: Article 28 of the draft law speaks of
\nplanning spaces. Article 64, which is the only article that has the title of “Article 64”, is the only article that has the title of “Article 64”.
\ncitizen participation and social control. “Territorial entities shall or shall promote.
\ncitizen participation for social control in the formulation, prioritization, execution, and implementation of
\nevaluation of projects financed with royalty resources”. This is the only thing that
\none finds with respect to participation but, they are very generic, facultative articles and
\ndiscretionary. They do not imply any obligation on the part of the public authorities, and even less so
\na sanction for those who do not comply.<\/p>\n
In view of the above, a number of proposals emerge. The first is that the draft law
\nshould have a chapter on participation. In this chapter, it should be explained that one of the most important
\nThe objectives of the Law is the promotion of participation. This objective will enable all citizens to
\nand citizens to participate in the entire royalties management cycle through mechanisms and
\ndevices that are effective.<\/p>\n
From the point of view of decision-making structures, this chapter should contain articles that
\nto incorporate a participatory mechanism that includes the presence of representatives of the following
\nsocial sectors both in the Steering Committee and in the regional OCADs. For example, the OCADs
\ndepartmental planning councils, departmental planning councils, departmental planning committees, and departmental planning committees.
\nSocial Policy, which are entities that work on royalties issues, and in the Steering Committee should be
\nat least one representative of the National Planning Council, one representative of the National Planning Council, one representative of the National Planning Council, and one representative of the National Planning Council.
\nNational Participation Council. Both instances are already in place and should contribute to the
\npublic policies.<\/p>\n
From a procedural point of view, much more work needs to be done. For this issue of
\nthe proposal is to recover the methodology of citizen audits. This is a
\nprocedure that has already been tested. Transparencia por Colombia conducted a pilot project in 30 municipalities and
\nThe results were very positive. It is a methodology that is already designed and operates throughout the entire
\nroyalty cycle. In addition, they are open to the participation of many different sectors.
\nIt is also important to introduce a mechanism for financing participation in the project.
\nof Law. While there is a 2% (two percent) share of the royalties for the administration of the system, there is a 2% (two percent) share of the royalties for the administration of the system.
\ncould consider 1% (one percent) for the promotion of citizen participation in the management of royalties. There should be a whole program for generating conditions for the
\nexercise of citizen participation. For example, social actors could be trained, and even
\nenable institutional actors for the exercise of participation. In addition, this chapter should
\nThe issue of guarantees and incentives for citizen participation should be contemplated. Some of these
\nthings are already contemplated in Law 1715 of 2014. However, in terms of protection guarantees and
\nsecurity is non-existent.<\/p>\n
It would be very important to come up with the idea of developing protocols for participation. The protocol of
\ncitizen participation in the management of royalties can be done by means of a decree.
\nregulatory. This may include participation incentives. Participation can be
\none of the variables in the Management Index. The Management Index score will be higher
\nfor those who introduce and incorporate participatory practices. In this way, they will be able to access
\nbetter prerogatives.<\/p>\n
Many other proposals can be made because, as the bill stands, it is not aimed at
\na transformation of the relationship between the State and society in the management of royalties. ago
\nmore of the same and creates very general approaches that can be interpreted in many different ways.
\nways. Therefore, it is necessary to prioritize very well which would be the devices and the
\nprocedure so that citizens can intervene throughout the royalty cycle. Do not
\nwill lead to social conflict. Today we have a more empowered and knowledgeable citizenry.
\nand more supervisory of public action. In the absence of forms of citizen intervention in the management of the
\nof royalty resources will surely increase the social conflict around these issues.<\/p>\n
Closing:
\nThe floor is given to the guests to express their conclusions:
\nJuan Pablo Remolina A public index is proposed to measure the performance of companies. Yes
\nWhen we talk about mining well done or oil extraction well done, it is necessary that the whole of the
\nThe citizenry knows which companies have high scores and which ones have low scores.
\nlow scores.<\/p>\n
It is important to determine which will be the collective instance to approve and measure the quality of the
\nprojects. It is unacceptable that there are no institutional instances or spaces for citizen participation.
\nin the approval of projects. What we need to do is to strengthen these spaces. It is necessary to
\nto turn information systems into living systems. Make dynamic the tools of
\ninformation. Also, companies should be linked to regional development and invest in the region’s
\ninstitutional capabilities in order to improve the investment of resources. Finally, it is necessary to
\nto make a counter-reform to the current reform in order to recover savings. In other words, designate more
\nresources for producers without detriment to savings.
\nMarcela Vega Saavedra. The participation system is one of the biggest concerns that the company has
\nthe reform. Strengthen the knowledge and capacities of the communities to
\nintervene. In the territories, this will allow projects to be more coherent, to ensure that development
\nmore authentic to the communities and that it does not depend solely on the administrations, on the
\nterritorial entities or those who formulate these projects. The issue of strengthening them in the management of
\ntools is fundamental to this.<\/p>\n
Astrid Navarro Project problems range from formulation to sustainability.
\nFor royalty projects, citizen participation and oversight is important, as well as the
\naudits. They often hire auditors who are unfamiliar with the project or the territory.
\nwhere the interventions will take place. Therefore, it is important to have a good orientation.
\nto the issue of auditing, improve the capacity of local authorities in the training and training of
\nof officials in terms of project formulation, contracting, supervision, etc.
\nand everything that has to do with legal processes.<\/p>\n
Daniel Castillo Camacho. One proposal is that the OCADs must remain in place. The OCADs are
\nnecessary. If they disappear, there must be a mechanism or a body to replace them. Most of the
\nof the projects, within the framework of the emergency, have been approved by these OCADs. This demonstrates
\nthat when used well, they work. The solution is not to eliminate the OCADs but to improve them,
\nreform and strengthen them.<\/p>\n
Another proposal is to articulate the reform and the royalty works mechanism. This will help in
\nterms of transparency. This articulation is necessary because it is not possible to leave this
\ntype of resources, taking into account that it affects direct royalties, i.e., those of the territories
\nproducers. It needs to be understood that although companies may have a good
\nThe territories cannot depend on them for their growth. Beyond
\nthe implementation of projects, there must be a transfer of capabilities. You cannot lose the
\nautonomy of the territories or that the State or the companies create a dependence on the resource.
\nof royalties.<\/p>\n
The counter-reform is necessary for the Savings Fund and to change the percentage of the savings fund allocated to the
\nactivities other than the extractive sector. As it stood, the percentage allocated to this type of
\ninvestments will depend on the price of oil. The proposal is that the from SGR is invested in
\nactivities other than the extractive sector. Technical assistance to ensure that the projects in the
\nregions are better focused and more successful. With regard to OCAD Paz, the following should be sought
\nthe way to ensure that this OCAD is finally used for what it should be used for and not to spend
\neasily projects that have nothing to do with the implementation of the agreement.
\nClaire Launay thanked each guest for their participation. In this webinar, several issues were raised and
\nvery interesting proposals. The Civil Society Roundtable for Transparency in Industries
\nExtractive Industries and Transparencia por Colombia will gather the contributions and results of this space. See
\nthanks the audience for their participation. This is the end of the event.<\/p>\n","protected":false},"excerpt":{"rendered":"