A/HRC/4/35
page 18
56.
These initiatives may be seen as still largely experimental expressions of an emerging
practice of voluntary global administrative rulemaking and implementation, which exist in a
number of areas where the intergovernmental system has not kept pace with rapid changes in
social expectations. Because they are relatively new and few in number, no definitive standards
exist yet by which to assess them. But among the key criteria suggested by those who study
them professionally are the perceived credibility of their governance structures, and their
effectiveness.50
57.
The credibility of their governance structures, in turn, is said to hinge on three factors:
participation, transparency, and ongoing status reviews. Thus, regarding participation, civil
society and industry members collaborated with States to develop the standards for, and now
participate in, the governance of the Voluntary Principles, EITI and Kimberley. Concerning
transparency, EITI and Kimberley have established detailed public reporting requirements for
participants, as well as multi-stakeholder monitoring. And in terms of participant compliance,
Kimberley carries out peer reviews of member States, often spurred by civil society reports of
government-related performance shortfalls; EITI recently established a validation process by
which non-compliant members may have their status publicly reduced; and Kimberley actually
removed one Government, effectively shutting it out of the international diamond trade - a
measure permitted under World Trade Organization rules.
58.
None of the initiatives examined here embodies all of these standards fully. But each
exhibits some, and participants appear to realize, albeit sometimes reluctantly, that the
credibility of these initiatives rests on them.51
59.
The effectiveness of these initiatives can be measured in two ways. One is their
operational impact on the ground. It is generally acknowledged that Kimberley has reduced the
flow of conflict diamonds from 3 or 4 per cent to 1 per cent of the total market, the Nigeria
Extractive Industries Transparency Initiative reports that it gained taxpayers the equivalent of
US$ 1 billion in 2004 and 2005;52 and the Voluntary Principles have been implemented most
extensively at the country level in Colombia, which is not yet even a formal participant in
50
For case studies and discussions of advantages and risks of these novel approaches to
international regulation, see the symposium on “Global Governance and Global Administrative
Law in the International Legal Order”, European Journal of International Law, vol. 17,
No. 1 (February, 2006).
51
The Voluntary Principles plenary is going through a difficult period of persuading all
companies that the credibility of the initiative depends on explicit participation criteria. Even the
strictly voluntary Global Compact adopted such criteria; as a result several hundred companies
have been “delisted”.
52
Luka Binniyat, “NEITI Saves Nigeria $1 Billion - Okogwu”, Vanguard
(Lagos), 2 January 2007.
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