Chad’s Oil: Miracle or
Mirage?
Following the Money in Africa’s Newest Petro-State
Ian Gary and Nikki Reisch
© Catholic Relief Services and Bank Information Center, February 2005
Chad’s
Oil: Miracle or Mirage? The
Chad-Cameroon Petroleum Development and Pipeline Project, transporting oil
from landlocked southern Chad to the Atlantic coast of Cameroon for export,
represents the foremost test case of the extent to which oil revenues can be
used to alleviate poverty in a challenging developing country context. The
most innovative feature of the project is the establishment of a legal
framework (Chad’s Law 001 and subsequent amendments and decrees) that
earmarks money for poverty reduction expenditures and creates an oversight
committee to ensure the transparent management of the country’s oil wealth.
Touting the promise of petrodollars for Chad’s poor over public concerns
that new revenues would be lost to corruption and mismanagement, the World
Bank provided financing that catalyzed the ExxonMobil-led oil development.
Given the dismal track record of oil-producing countries around the world and
the high stakes in a country as unstable as Chad, this experiment has come
into the international limelight. The fate of the $4-billion plus project is
not only of vital importance to the people of Chad, who hope to reap its
benefits but risk bearing enormous costs if oil production leads to
corruption, conflict and the further concentration of power in the hands of a
few. It is also of great interest to other countries facing the challenge of
transforming their oil wealth into benefits for their people; to donors
attempting to solve the problem of the “resource curse”; and to
energy-hungry industrialized countries searching for new and stable sources of
oil.
Poverty,
Politics and Petrodollars:
Chad is a landlocked country with a long history of civil war, continued
political instability, a weak judicial system, widespread corruption and an
all-encompassing institutional capacity problem. This is an extremely
challenging environment in which to attempt to turn oil revenues into benefits
for the poor. And the stakes are high—if Chad’s oil money is mismanaged,
it could mean increased hardships and conflict for the nearly seven million
people in Chad living on less than $1 per day. Since independence in 1960,
Chad has known more years of war than of peace, and rising tensions in the
region mean that violence is never far off. A coup attempt in May 2004
reminded observers of the fragile political environment, and tensions have
increased over the attempt by President Déby’s ruling party to change the
constitution to allow him to run for a third term in 2006. The Chadian oil
experiment depends largely on the political will of the government to respect
the rule of law where there is little history of doing so, to develop
accountable institutions, and to encourage democracy. In an environment where
the government faces internal and external threats, such political will
appears to be in short supply.
Chad’s
Landlocked Treasure: After decades of on-again,
off-again exploration and negotiations, in July 2003 Chadian oil began to flow
through the 1,050 kilometer pipeline, produced by a consortium comprised of
ExxonMobil, ChevronTexaco and Petronas, the Malaysian state oil company.
Production from the three active fields in the Doba basin reached its current
peak capacity of 225,000 barrels per day in late 2004 and more than 60 tanker
shipments have been exported to date. Beyond the 1 billion barrel estimated
reserves in these three fields, the presence of the pipeline infrastructure is
spurring new oil production and exploration in Chad. ExxonMobil plans to add
five new “satellite” fields to its existing production in 2005-2006 and,
together with other companies like Canada’s EnCana, is exploring other parts
of Chad. With these ongoing activities and the government’s efforts to
attract more investment in the sector, Chad’s oil windfall is likely to be
much larger than originally predicted.
Oil
Revenues – Chad’s First Taste of Black Gold:
The unprecedented measures put in place to safeguard against misappropriation
of oil revenues are now being put to the test. In late 2003, ExxonMobil made
its first royalty payment into the government of Chad’s escrow account at
Citibank in London, and Chad was likely to receive $140-150 million in oil
revenues during 2004 and over $200 million in 2005. Over their 25-year
production span, the first three oil fields in southern Chad may earn the
government more than $5 billion in oil revenues. Just how much more Chad will
receive from other oil fields tapped in the future is yet unknown.
In
response to pressure from civil society organizations concerned that the
benefits of oil development would not reach the poor, the World Bank
conditioned its financing for the pipeline project on the establishment of a
revenue management plan. Chad’s innovative petroleum revenue management law
stipulates that the majority of direct revenues from oil production –
royalties and dividends – be earmarked and spent on “priority sectors”
targeting poverty reduction. In addition, a joint government-civil society
petroleum revenue oversight committee (the Collège) has been established to
play a “watchdog” role, approving projects and monitoring the quality of
their implementation.
While
some information on Chad’s oil revenues is made public, details regarding
the calculation of revenues and many key agreements between the oil companies
and the government remain secret. Furthermore, legal safeguards contain
notable loopholes. For example, all indirect revenues – including income
taxes on the oil companies – will go directly into general government
coffers. These indirect revenues may amount to more than $3 billion over the
next 25 years. In addition, the revenue management law does not cover any
revenues from oil produced outside the three original Doba fields. These and
other weakness mean that it is difficult for citizens to verify the accuracy
of revenue information disclosed and that much oil revenue will fall outside
of the jurisdiction of the law and the control of the Collège.
On
the government side, there is a profound lack of capacity to master the
technical aspects of monitoring oil production and determining oil revenues.
More than one year into Chad’s life as an oil producer, many basic aspects
regarding the calculation of oil revenues remain the subject of dispute
between the government and the ExxonMobil-led consortium.
“Just
Add Oil” – Accountability from Scratch:
In a country lacking an effective system of checks and balances, the joint
government-civil society revenue oversight committee created by Law 001 is a
unique institution, critical to the effort to hold the government accountable
for the use of oil money. Experience to date has shown that the Collège has
made promising strides to establish itself and exert its authority. At the
same time it needs increased access to information, an improved ability to
investigate expenditures and the cooperation of government to prosecute any
wrongdoing identified. The Collège lacks an independent and steady source of
funding, and without support from Chadian civil society will be unable to
effectively carry out oversight in a country as large as Chad. Finally, the
government has placed trusted allies – such as President Déby’s
brother-in-law – on the Collège and has interfered with the selection of
civil society members. While the Collège can influence the budgeting process,
reject
ill-founded expenditures and investigate the execution of projects it
approves, ultimately its ability to ensure that oil revenues are used for
poverty reduction depends on the willingness of the judiciary to prosecute
cases of misuse, fraud or corruption that the Collège may uncover.
Budgeting
for the Boom – Spending Chad’s Oil Revenues:
For a $4 billion-plus investment, the oil industry enclave in Chad is creating
precious few jobs, making the generation of non-oil employment and the careful
management and spending of oil revenue paramount. The ultimate success of the
Chad experiment will be judged not on barrels of oil produced or revenues
generated, but on the successful investment of these revenues in Chad’s
people through a well-planned and executed budget system. Chad has little
record of effectively budgeting and spending government resources, and has a
history of corruption and mismanagement in bidding and procurement procedures.
The experience of the 2004 budget – the first containing oil revenues –
and plans for 2005 show that there are many obstacles standing between
transparent budgeting of oil revenues and spending those monies in a way that
reduces poverty.
Executive
Summary
With
increased scrutiny of revenue flows at the macro-level, problems with
corruption and mismanagement will likely migrate downstream where they are
more hidden from public view. As in other oil rich countries, systems of
patronage may develop through the non-transparent awarding of government
contracts funded by oil revenues. These tendencies, together with limited
government capacity to absorb increased levels of funding, have grave
implications for the poverty reduction objectives of a project dependent on
the effective use of massive new government revenues. World Bank projects
designed to increase capacities in these areas prior to the arrival of first
oil have failed to meet their objectives. Despite World Bank promises, the
result has been a “two-speed” project whereby the pipeline was completed a
year ahead of schedule but the government remains largely unprepared to manage
its oil windfall.
Changing
Chad – The Role of External Actors:
Ensuring that Chad’s oil boom benefits the poor requires not only building
government capacity, but altering policies and, ultimately, changing politics.
The experience to date reveals both the limits of external actors’ ability
to influence these changes and the urgent need for those actors to use what
leverage they do have to support adherence to the rule of law and compliance
with the revenue management safeguards. In Chad, where citizens have limited
influence on their government, external actors – such as the World Bank, IMF,
and the U.S. and French governments – can be important sources of pressure
for greater transparency and accountability. The rapid accumulation of
petrodollars in Chad confronts the World Bank, IMF and other donors with a
choice between using their known leverage today and relying on their uncertain
leverage in the future.
A
“Model Project” Hanging by a Thread: Many obstacles stand in the way
of converting Chad’s oil wealth into concrete improvements in the lives of
the country’s poor. While some have prematurely hailed the Chad project as a
“new model” for harnessing oil revenues to benefit development, the record
of Chad’s first year as a petro-state provides many reasons for concern.
Important building blocks for transparent and effective oil revenue management
are being developed and need to be nurtured, but limited progress on this
front is tempered by worrying trends in the political environment, weaknesses
and loopholes in the revenue management system, problems with corruption,
transparency deficits and severe government capacity constraints. The oil
experiment hangs by a thread. Chad’s experience shows that transparency is
but one essential ingredient in a system of oversight, accountability and
sanction. Transparent information can be used for both formal and informal
enforcement of the law, but the tools to use it have to be in place.
Investigative and judicial arms of the government must be independent and
capable of prosecuting wrongdoing. Elections must be free and fair and
Chadians must have the ability to change their government through the ballot
box if they think it has not managed the oil wealth well. Informal enforcement
– through monitoring by civil society and publicizing information on the
radio and via other media – must be part of a system of accountability.
Transparency is only meaningful if information is understood by the government
and the public, and if the findings of oversight bodies lead to action.
It is too early to declare the Chad experiment a failure or a success. Whether or not Chad manages to escape the “paradox of plenty” may not be known for years. There are, though, clear lessons that can be drawn from Chad’s experience to date, which can serve as signposts to correct pressing problems in Chad and to guide efforts to assist other developing countries in managing resource wealth. And one of the most fundamental lessons that Chad offers today is the importance of ensuring that minimum conditions of respect for human rights, fiscal transparency, and demonstrated government capacity to implement pro-poor programs are in place prior to promoting investment in the extractive industries.