Tools & Resources

Tools and resources to assist government officials, parliamentarians and policy makers in the planning, preparation for, negotiation, monitoring, and implementation of large-scale investments

Safeguarding land tenure rights in the context of agricultural investment Go to resource

This guide has been developed in response to concerns regarding large-scale land acquisitions and the need to increase investment in agriculture. The guide supports application of the Voluntary Guidelines on the Responsible Governance of Tenure for Land, Fisheries and Forests in the Context of National Food Security at the national level by providing technical guidance on how to safeguard tenure rights in the context of agricultural investments, including in land. It aims to provide additional guidance to government authorities engaged in the promotion, approval and monitoring of investments at all stages of the investment cycle. The guide also serves as a reference for implementation of the Principles for Responsible Investment in Agriculture and Food Systems endorsed by the Committee on World Food Security (CFS) in October 2014 (CFS, 2014).

Social and Environmental Sustainability of Agriculture and Rural Development Investments: A Monitoring and Evaluation Toolkit Go to resource

The purpose of this toolkit is to provide practical guidance in the monitoring and evaluation of the environmental and social sustainability of Agricultural and Rural Development programs and projects.

The website is available in Arabic, Chinese, English, French, Russian, and Spanish, but the document is only available in English. 

Southern Africa Resource Barometer Go to resource

The Resource Barometer principles are designed to assist key stakeholders, particularly parliaments in Southern Africa, to effectively discharge their oversight of the extractive industries with the aim of ensuring that minerals benefit all citizens. The principles are informed by SADC countries' national legislations and regulations, international best practices and conventions, and inputs from practitioners. While these principles make reference to mining, they provide guidance on all types of extractive industries, regardless of their size and each country's way of doing business. The proposed principles and guidelines are of a general nature. 

 

Stabilization Clauses and Human Rights Go to resource

  • Date:  2009
  • Sector:  Extractive Industries Land & Agriculture
  • Source:  IFC

A study on the impact of stabilization clauses in investment contracts that affect a state's action to implement its international human rights obligations.

Stakeholder Engagement: Feasibility Studies and Project Planning Go to resource

A guide that details how to engage project stakeholders in environmental and social impact assessment (ESIA) studies, as well as describing actions that must be taken to ensure that all stakeholders are listened to and included in the project’s feasibility assessment.

Stakeholder Identification and Analysis Go to resource

Contains guidance questions, case studies and brief explanations to lead the user through the process of identifying stakeholders who are affected by a project, to what degree and how they can influence the project. This guidance will then help to build a stakeholder engagement process.

Strategic Infrastructure Steps to Prepare and Accelerate Public-Private Partnerships Go to resource

Tax avoidance by mining companies in developing countries Go to resource

Despite the fact that some developing countries are rich in mineral resources, a potential source of large revenues, they often fail to develop sufficiently in order to improve the welfare and prosperity of their population. This is in part because the mining companies that profit from these resources do not always pay their fair share of taxes in mining countries, by using international tax avoidance structures. According to a report released in 2015 by the High Level Panel on Illicit Financial Flows from Africa, headed by the former South African president Thabo Mbeki, “aggressive tax avoidance” plays an important role in depriving African countries of the resources needed for social services, infrastructure and investments.
The Netherlands could be involved in this tax avoidance, as many international mining groups have established holding and financing companies in the Netherlands, through which they invest in developing countries. This research project, undertaken by Profundo for the Dutch Ministry of Foreign Affairs, in collaboration with the Offshore Kenniscentrum (OKC), studies this issue further and explores potential policy initiatives the Dutch government could take to address the issue.

Tax Incentives in Mining: Minimising Risks to Revenue Go to resource

  • Date:  2018
  • Sector:  Extractive Industries Mining
  • Source:  IGF, OECD

This practice note looks at tax incentives in the mining sector. For many developing countries, receipts from mining are often a major source of revenue. The central task for policy-makers, therefore, is to design fiscal regimes for the mining industry that raise sufficient revenue, while providing adequate inducement to invest. Many times, governments have given tax incentives to mining investors that have turned out to be overly generous, forgoing significant tax revenues and sometimes resulting in conflict with investors. Preventing similar occurrences from happening again demands sector-specific guidance on the design and use of tax incentives.

The goal of this practice note is that governments of resource-rich countries are better equipped to identify and cost potential behavioural responses by mining investors to tax incentives.

The Extractive Industries Sector : Essentials for Economists, Public Finance Professionals, and Policy Makers Go to resource

The extractive industries (EI) sector occupies an outsize space in the economies of many developing countries. Economists, public finance professionals, and policy makers working in such countries are frequently confronted with issues that require an in-depth understanding of the sector. The objective of this volume is to provide a concise overview of EI-related topics these professionals are likely to encounter. The volume provides an overview of issues central to EI economics; discusses key components of the sector’s governance, policy, and institutional frameworks; and identifies the public sector’s EI-related financing obligations. Its discussion of EI economics covers the valuation of subsoil assets, the economic interpretation of ore, and the structure of energy and mineral markets. The volume maps the responsibilities of relevant government entities and outlines the characteristics of the EI sector’s legal and regulatory frameworks. Specific key functions of the sector are briefly discussed, as are the financial structures that underpin environmental and social safeguards; investment of public revenues generated from oil, gas, or minerals; as well as extractive-based economic diversification. The authors hope that decision makers in ministries of finance, international organizations, and other relevant entities will find the study useful to their understanding and analysis of the EI sector.

The Extractive Industries Sector : Essentials for Economists, Public Finance Professionals, and Policy Makers Go to resource

  • Date:  2015
  • Sector:  Extractive Industries
  • Source: 

The extractive industries (EI) sector occupies an outsize space in the economies of many developing countries. Economists, public finance professionals, and policy makers working in such countries are frequently confronted with issues that require an in-depth understanding of the sector. The objective of this volume is to provide a concise overview of EI-related topics these professionals are likely to encounter. T

he volume provides an overview of issues central to EI economics; discusses key components of the sector’s governance, policy, and institutional frameworks; and identifies the public sector’s EI-related financing obligations. Its discussion of EI economics covers the valuation of subsoil assets, the economic interpretation of ore, and the structure of energy and mineral markets. The volume maps the responsibilities of relevant government entities and outlines the characteristics of the EI sector’s legal and regulatory frameworks. Specific key functions of the sector are briefly discussed, as are the financial structures that underpin environmental and social safeguards; investment of public revenues generated from oil, gas, or minerals; as well as extractive-based economic diversification.

The authors hope that decision makers in ministries of finance, international organizations, and other relevant entities will find the study useful to their understanding and analysis of the EI sector.

The Extractive Industries Sector : Essentials for Economists, Public Finance Professionals, and Policy Makers Go to resource

  • Date:  2015
  • Sector:  Extractive Industries
  • Source: 

The extractive industries (EI) sector occupies an outsize space in the economies of many developing countries. Economists, public finance professionals, and policy makers working in such countries are frequently confronted with issues that require an in-depth understanding of the sector. The objective of this volume is to provide a concise overview of EI-related topics these professionals are likely to encounter. The volume provides an overview of issues central to EI economics; discusses key components of the sector’s governance, policy, and institutional frameworks; and identifies the public sector’s EI-related financing obligations. Its discussion of EI economics covers the valuation of subsoil assets, the economic interpretation of ore, and the structure of energy and mineral markets. The volume maps the responsibilities of relevant government entities and outlines the characteristics of the EI sector’s legal and regulatory frameworks. Specific key functions of the sector are briefly discussed, as are the financial structures that underpin environmental and social safeguards; investment of public revenues generated from oil, gas, or minerals; as well as extractive-based economic diversification. The authors hope that decision makers in ministries of finance, international organizations, and other relevant entities will find the study useful to their understanding and analysis of the EI sector.The extractive industries (EI) sector occupies an outsize space in the economies of many developing countries. Economists, public finance professionals, and policy makers working in such countries are frequently confronted with issues that require an in-depth understanding of the sector. The objective of this volume is to provide a concise overview of EI-related topics these professionals are likely to encounter. The volume provides an overview of issues central to EI economics; discusses key components of the sector’s governance, policy, and institutional frameworks; and identifies the public sector’s EI-related financing obligations. Its discussion of EI economics covers the valuation of subsoil assets, the economic interpretation of ore, and the structure of energy and mineral markets. The volume maps the responsibilities of relevant government entities and outlines the characteristics of the EI sector’s legal and regulatory frameworks. Specific key functions of the sector are briefly discussed, as are the financial structures that underpin environmental and social safeguards; investment of public revenues generated from oil, gas, or minerals; as well as extractive-based economic diversification. The authors hope that decision makers in ministries of finance, international organizations, and other relevant entities will find the study useful to their understanding and analysis of the EI sector.

Toolkit for Public-Private Partnerships in Roads and Highways Go to resource

  • Date:  2009
  • Sector:  Infrastructure
  • Source:  PPIAF

Assists transport sector policy makers in low- and middle-income countries in implementing procedures to promote private sector participation and financing in the development of their road and highway sector.

Towards Gender-Responsive Implementation of Extractive Industries Projects Go to resource

The Danish Institute for Human Rights produced this publication for practitioners working in and with extractive industries on how a gender-responsive approach can be embedded in project planning and implementation

The purpose of this report is to contribute to learning on key challenges, as well as good practice opportunities for practitioners working in and with the extractive industries, on how a gender-responsive approach can be embedded in project planning and implementation. In particular, the report explores how strengthened engagement with women can act as a key enabler for human rights due diligence.

The report focuses on six select dimensions of human rights due diligence in extractive industries projects:

  1. Community relations
  2. Land acquisition and resettlement
  3. Security
  4. Local content
  5. Grievance resolution
  6. Strategic social investment.

For each topic, a short overview of key gender issues is provided, as well as suggestions for addressing challenges and enhancing gender-responsive due diligence in practice.

Towards Sustainable Decommissioning and Closure of Oil Fields and Mines: A Toolkit to Assist Government Agencies Go to resource

  • Sector:  Extractive Industries Mining Oil & Gas
  • Source:  World Bank

This toolkit is designed to increase the level of awareness on decommissioning and closure issues. It serves as guidance to government authorities, institutions and regulatory agencies, in natural-resource rich, developing countries, seeking to establish or improve closure and decommissioning programs for the extractives sectors.

Transparency in Extractive Industry legislation. Recommendations for Kazakhstan's Code on Subsurface Use Go to resource

This issue paper discusses ways to install robust transparency provisions in the Republic of Kazakhstan's Code on Subsurface and Subsurface Use. In developing a new Code, the government aims to provide an integrated legal framework across the oil, gas, mining and minerals sectors, promote more foreign investment and reduce the government's control over the extractive industry sector.

Tripartite declaration of principles concerning multinational enterprises and social policy (MNE Declaration) - 4th Edition Go to resource

  • Date:  2006
  • Sector:  Extractive Industries Infrastructure Investment Land & Agriculture Mining Oil & Gas
  • Source:  ILO

The principles laid down in this universal instrument offer guidelines to MNEs, governments, and employers’ and workers’ organizations in such areas as employment, training, conditions of work and life, and industrial relations.

The prominent role of MNEs in the process of social and economic globalization renders the application of the principles of the MNE Declaration as timely and necessary as they were at the time of adoption. As efforts to attract and boost foreign direct investment gather momentum within and across many parts of the world, the parties concerned have a new opportunity to use the principles of the Declaration as guidelines for enhancing the positive social and labour effects of the operations of MNEs.

Available in Arabic, Bahasa Indonesian, Chinese, English, French, German, Italian, Japanese, Portuguese, Russian, and Spanish.

UNCITRAL Legislative Guide on Privately Financed Infrastructure Projects Go to resource

  • Date:  2000
  • Sector:  Infrastructure
  • Source:  UNCITRAL

A guide is to assist in the establishment of a legal framework favorable to private investment in public infrastructure. The advice provided in the Guide aims at achieving a balance between the desire to facilitate and encourage private participation in infrastructure projects, on the one hand, and various public interest concerns of the host country, on the other.

Available in Arabic, Chinese, English, French, Russian, and Spanish.

UNCTAD - Investment Facilitation: An Action Menu Go to resource

  • Date:  2016
  • Sector:  Extractive Industries Infrastructure Investment Investment Treaties Land & Agriculture Mining Oil & Gas
  • Source:  UNCTAD- Investment Hub Policy

The Action Menu proposes 10 action lines with a series of options for investment policymakers to adapt and adopt for national and international policy needs: the package includes actions that countries can choose to implement unilaterally, and options that can guide international collaboration or that can be incorporated in international investment agreements. The Action Menu should be read in the broader context of UNCTAD's Investment Policy Framework for Sustainable Development.

The proposed Action Menu is preliminary research, comments and ideas are invaluable to the further development of the Action Menu.

UNCTAD - Investment Policy Hub Go to resource

UNCTAD's Investment Policy Hub is host to many useful tools and resources including:

  • A Country Navigator to access country specific investment policy data
  • Policy Tools
  • Publications

The Policy Tools Include the following:

UNCTAD Database of Bilateral Investment Treaties Go to resource

  • Sector:  Investment Treaties
  • Source:  UNCTAD

A BITs search engine which provides a user-friendly way to retrieve either: (1) all available BITs signed by one country, and (2) a specific BIT between two countries.

UNCTAD Investment Dispute Settlement Navigator Go to resource

  • Date:  2015
  • Sector:  Extractive Industries Infrastructure Investment Investment Treaties Land & Agriculture Mining Oil & Gas
  • Source:  UNCTAD

The UNCTAD Investment Dispute Settlement Navigator contains information about known international arbitration cases initiated by investors against States pursuant to international investment agreements (IIAs). Such arbitrations are also referred to as treaty-based investor-State dispute settlement (ISDS) cases.

Understanding Power Purchase Agreements Go to resource

This handbook is intended to provide an overview of PPAs and the obligations, risks, and remedies that are found within them.

Unsolicited Infrastructure Proposals: How Some Countries Introduce Competition and Transparency Go to resource

  • Sector:  Infrastructure
  • Source:  PPIAF

This paper looks at how governments can manage "unsolicited proposals" for PPPs--that is, proposals for PPP projects that originate from private companies, without being specifically requested by governments. The paper sets out the main challenges of dealing with such proposals--how to maintain private sector interest in coming up with project ideas, while ensuring competition and transparency in how these projects are developed and procured. The paper describes the various systems adopted by different countries to try to to address these.

Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security Go to resource

A reference and guide to improve the governance of tenure of land, fisheries and forests with the overarching goal of achieving food security for all and to support the progressive realization of the right to adequate food in the context of national food security.

Voluntary Principles on Security and Human Rights: Implementation Guidance Tools Go to resource

  • Date:  2012
  • Sector:  Extractive Industries Oil & Gas
  • Source:  IPIECA

Designed to help extractive companies maintain the safety and security of their operations within an operating framework that ensures respect for human rights and fundamental freedoms and, when applicable, for international humanitarian law. The tools serve as a helpful reference guide to ensure that operations are undertaken in a manner that ensures respect for human rights and fundamental freedoms.

WBG Report on Recommended PPP Contractual Provisions Go to resource

Public-Private Partnerships (PPPs) are now being used in many countries to develop infrastructure projects. Typically, PPP transactions are based on a network of complex legal agreements – however, at the center of each transaction there is normally a PPP Contract, in the form of a concession agreement or similar document, between a government or other public entity (the Contracting Authority) and a private company or a consortium of companies (the Private Partner). 

Given the variety of PPP transactions globally, the different legal systems which exist in various countries, and the need to have ‘tailor-made' provisions to deal with the individual characteristics of specific projects, it follows that the development of comprehensive PPP agreements on an international basis is likely an unrealistic goal. However, there may be merit in focusing on certain contractual provisions dealing with particular legal issues encountered in virtually every PPP Contract, such as the issues of force majeure, termination rights, dispute resolution, etc. The purpose of this Report is to present and discuss ‘recommended’ language in respect of a selection of these typically encountered provisions. 

World Bank Report: Local content in the oil and gas sector Go to resource

  • Date:  2013
  • Sector:  Oil & Gas
  • Source:  World Bank

A number of countries have recently discovered and are developing oil and gas reserves. Policy makers in such countries are anxious to obtain the greatest benefits for their economies from the extraction of these exhaustible resources by designing appropriate policies to achieve desired goals. One important theme of such policies is the so-called local content created by the sector- the extent to which the output of the extractive industry sector generates further benefits to the economy beyond the direct contribution of its value-added, through its links to other sectors. Local Content Policies (LCPs) were first introduced in the North sea in the early 1970s and ranged from restrictions on imports to direct state intervention in the oil sector. While LCPs have the potential to stimulate broad-based economic development, which is necessary to alleviate poverty and achieve the United Nation's Millennium Development Goals (MDGs), their application in petroleum-rich countries has achieved mixed results.

This paper serves to introduce the topic by describing policies and practices meant to foster the development of economic links from the petroleum sector, as adopted by a number of petroleum-producing countries both in and outside the Organization for Economic Co-operation and Development (OECD).

The paper is organized as follows: chapter one defines local content and briefly illustrates the links between the petroleum sector and other economic sectors (where policies may be able to increase the economic benefits of the petroleum sector). An attempt is made to measure local content levels in a wide sample of petroleum-producing countries including net importers and net exporters, and countries at different stages of economic development to put LCPs in context and to consider if the structure of an economy is a key driver of local content levels. Chapter two discusses the arguments that have been used in favor and against the use of productive development policies in general and LCPs in particular. Chapter three provides an outline of the tools and types of LCPs that have been used by petroleum producing countries, and present their strengths and weaknesses. Chapter four focuses on issues related to the measurement and monitoring of LCPs, and discusses the limitations of alternative metrics. Chapter five provides a description of LCP objectives, implementation tools, and reporting metrics used in a selected sample of oil-producing countries including Angola, Brazil, Kazakhstan, Indonesia, Malaysia, and Trinidad and Tobago and draw initial lessons that may be relevant to other countries.

WRI Rights to Resources Interactive Map: Sub-Saharan Africa Go to resource

  • Date:  2014
  • Sector:  Extractive Industries Land & Agriculture Mining Oil & Gas
  • Source:  WRI

The Rights to Resources interactive map presents information on citizen and community rights to natural resources in sub-Saharan Africa. National framework laws for each of the 49 countries in the region were reviewed to answer eleven questions about local use rights to five natural resources: water, trees, wildlife, minerals, and petroleum.

The information on the map can help Governments compare property rights regimes across natural resources and countries.

Users can also download the data set in Excel format.

 

 

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