1. EITI - Grievance mechanisms
40th EITI Board Meeting
Berlin, 29 June 2018 

2. Two main questions
Do the existing grievance procedures fulfil governance requirements?
The UN Guiding Principles on Business and Human Rights
Board paper 40-7-B
Should new special governance mechanisms be established?

3. Existing EITI grievance mechanisms (1)
"EITI grievance procedures – how to voice your concern"
Grievance procedures described in the Articles of Association, the EITI Standard and the Board procedures
Described on 
Overview of how different decisions can be appealed in different ways
Generally: Grievances may be brought to the superior body of the subject of the grievance
Any stakeholder can write to the Chair requesting that the Members' Meeting considers a matter
AoA Art. 8 (1):
The Members’ Meeting shall consider any matter pursuant to request from a Member
In practice matters of principle, such as EITI policy or implementation, reconsideration of decisions of Members’ Meeting, etc.
Difficult to implement in practice – Members’ Meeting each third year
Any stakeholder can write to the Chair requesting that the Board considers a matter, action or decision taken by the Board or by the Secretariat
The Board should treat grievances received with the necessary attention and seriousness
If a grievance is directed towards the Chair or a Board Member, that person may not vote in respect of the matter. The Board should also consider whether the person should be present or not
If Members are dissatisfied with the Chair or Board Members:
They may be replaced by the Members Meeting
Special right for implementing countries to appeal decisions in accordance with requirement 8.8 in the Standard

4. Existing EITI grievance mechanisms (2)
EITI implementation in a country 
Overview in Board paper 40-7-B p. 10
Concerns may in the first instance be brought to the attention of the multi-stakeholder group of that country
Stakeholders may contact the Board for concerns related to civil society participation
Urgent matters: The Board's Rapid Response Committee
Violations of the Code of Conduct
Shall be brought to the attention of the immediate EITI body (Art. 12)
The Draft Constituency Guidelines
Complaints should firstly be directed towards the members of that constituency
EITI Secretariat internal
Grievances about the Secretariat may be raised in writing to the Chair, who considers whether the matter should be addressed by the Board
Board Members may raise concerns with the Secretariat in the regular assessments of the Head of Secretariat’s performance

5. Do the existing grievance procedures fulfil governance requirements?
The findings in Board paper 40-7-B:
There is a mismatch between the EITI’s existing grievance mechanisms and what some stakeholders understand as grievance
The EITI needs to do more to explain the role of Validation as a grievance mechanism
The EITI needs to do more to explain the role played by different EITI bodies in grievance
More clarity about grievance procedures is needed to improve their accessability
A particular need for highlighting and improving grievances over Code of Conduct issues?
Strengthen art. 12 of the Code of Conduct?
Establish special reporting lines – «hot lines»?

6. New special grievance mechanisms?
Should there be established new special grievance mechanisms?
For which grievances?
What mechanisms?
Defining such grievances is challenging within the EITI
The EITI Association is founded and organized to deal with conflicting interests and seek consensus decisions
Many grievance matters are of such a nature
A main function of the EITI bodies to deal with such matters
Introduction of grievance procedures at other levels of the EITI Association would require separate rules and procedures and may require special new institutional bodies to be in accordance with good governance
Need for special new dispute resolution mechanisms?
Which disputes fall outside the mandates of or cannot be handled within the mandates of the existing EITI bodies?
Examples