Category Constitution

Aug 27 2014

Bougainville weekly news summary: Mining,Mona ,Palm Oil, Sir Peter Barter and referendums

Mona

 

Picture above Mona Festival which starts today in Buka

LONG TERM BOUGAINVILLE MINING LAW PROGRESSES

BY JENNIFER NKUI

 A workshop was conducted in Buka last Friday to brief the ABG Cabinet and senior Bougainville public services officers on the draft Act of the Long Term Bougainville Mining Law.
The workshop was conducted by experts and the Bougainville team to seek the views of the ministers on the draft Act.
In a joint statement, deputy president Patrick Nsiria and minister for natural resources Michael Oni said the mining department has worked for seven years to develop a policy framework for a long term mining law which will meet Bougainville’s special needs.
They said the ABG’s aim was for a new law that truly meets our special needs and follows the world’s best practice or is even better than that.
They added that the cabinet members were satisfied that the long and detailed draft Act and regulations give effect to the ABG’s previous decisions on policy and give us a best practice law.
The deputy and his minister explained that the draft ‘Long Term’ Act builds on the foundation of the Bougainville Transitional mining Act.
They said it provides a framework making small scale mining by Bougainvillians legal and maintains the abolition of the Bougainville Copper Agreement, the SML created by it and all exploration licenses held by BCL since the 1960’s.
They added that the ‘Long Term’ also deals with many things that are not covered by the Transitional Act explaining that these new things were not covered in the Transitional Act because it was a temporary act.
The two pointed out that the ABG moved quickly to develop an interim mining law because it was worried about back door deals being made by unscrupulous outsiders and it also faced possible action of the National Government taking majority ownership of BCL.
They stated that the ABG is now satisfied that we have achieved what we wanted with the transitional Act and they are now very pleased to be able to move on to work hard to have a much more detailed, comprehensive and best practice law that meets Bougainville’s needs.
The ABG aims to finalize and pass the new mining Act late this year or early next year after public awareness and consultations have been made about the draft ‘Long Term’ Act which the ABG is committed to doing.

Sir Peter Barter joins Panguna planning process

sir-peter-barter-buka

From Bougainville 24 Subscribe here

The Joint Panguna Negotiation Committee (JPNCC) has been boosted by the support of eminent businessman and former senior political figure Sir Peter Barter.

Sir Peter has been appointed as the Independent Chair of the Multi Party Trust Fund that administers the funding for JPNCC projects which include social, economic and environmental studies relating to the possible re-opening of the Panguna mine.

After an eight-year absence, Sir Peter was warmly welcomed back to Bougainville by a greeting party including a traditional dance troupe from Takuu Atoll.

“One of the reasons I have chosen to be here today is to see whether or not we can move forward and create an economy, which is needed to make this province truly autonomous,” Sir Peter Barter told the audience at Buka Airport.

“We have no autonomy without an economy.”

In his 15 years as a Member of Parliament, Sir Peter served as Minister for Bougainville Affairs and Minister for Inter-Government Relations.

He was integral in brokering the peace agreement, in 2007 relinquishing his seat in parliament to take on the role of Paramount Chief Masalahana (Peacemaker) in Bougainville.

Like the composition of the JPNCC, the board of the Multi Party Trust is drawn from the Autonomous Bougainville Government, the National Government of PNG, landowner representatives from the Panguna area and Bougainville Copper Limited.

The Multi Party Trust board meetings are held the day before the JPNCC convenes. The next meeting will be held on Thursday 2 October in Port Moresby

palm

Oil Palm Project

Picture :The Autonomous Bougainville Government President, Chief Dr John Momis had the chance to visit the Aberdi Oil Palm project on the Philippine Island of Mindanao and located on the outskirts of Cagayan de Oro City last Saturday Anthony Kaybing
As the time for Bougainville’s Referendum period forecloses Bougainville now has to seek ways to strengthen its capacity to meet the requirements of the Bougainville Peace Agreement.
With the slow negotiations on the correct calculation of the Restoration and Development Grant and the outstanding amount owed to the Autonomous Bougainville Government, the government has decided to look into possible foreign inward investment.
The Autonomous Bougainville Government President, Chief Dr John Momis had the chance to visit the Aberdi Oil Palm project on the Philippine Island of Mindanao and located on the outskirts of Cagayan de Oro City last Saturday.
The President was wholly impressed by the oil palm project which has built its own refinery to refine the palm’s crude oil and start producing products from food to cosmetics.
President Momis also had the chance to see firsthand how the processing of the palm oil takes place and refined with a visit to the projects laboratory was also included.
The President said with the palm oil industry offering a lucrative market he believes Bougainvilleans should look into this industry as an alternate cash crop.
“Bougainville can have a set up like the one at ABERDIN, while cutting off all middlemen and ensuring that we maximize the benefits for all Bougainvilleans,” the President said.
“We have a lot of arable land that we can use for extensive agricultural development, that can provide employment and revenue for the government and people alike,” he added.
With Bougainville’s own Inward Investment Act already in place, this will guarantee the ABG and the people of Bougainville are not marginalized in any awry business deals with possible foreign investors.
Bougainville’s own oil palm project at Torokina has gone into an indefinite hiatus and its future remains uncertain but the Government is still adamant it will get the project moving only and after it resolves all issues pertaining to its suspension.
The President’s visit to Aberdin was facilitated by A Brown Energy and Resources Development, Inc. (ABERDI), which is a subsidiary of A Brown Company, Inc. which is engaged in the real estate development business primarily in the Philippines.
The company operates through the Real Estate, Manufacturing/Trading, Hotel, Agriculture, Resource Development and Power segments.

BOUGAINVILLEANS ARE READY FOR REFERENDUM
BY JENNIFER NKUI

Despite the government’s attention being turned to mining, the people of Bougainville are ready for referendum.
This statement was made by Bougainville Revolutionary Army (BRA) general Ishmael Toroama last week.
He told New Dawn Fm in an interview that despite senior leaders coming out and saying that Bougainville is not ready for referendum, the people of Bougainville are ready for referendum.
He said what the government must do now is to push the people one step ahead to make their preparations for referendum.
He added that in preparations for referendum, we cannot be ready now but we need to be prepared and the people of Bougainville need to be prepared.
Mr. Ishmael challenged the members saying the people voted for you and you should not be sleeping.
He pointed out that collective effort is needed from all Bougainvilleans if we are to achieve referendum because the agreement binds us together.
He urged the government to not divert their attention to mining but must come together and work together in order for us to achieve referendum.

Aug 27 2014

Bougainville News : Testing times for Bougainville’s mining future


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A lone copper dump truck that was completely burned out during the crisis at Panguna mine. Photo by Ian Booth.

Autonomous government needs to weigh the cost and benefits of extractive industries, writes MATTHEW ALLEN. 

The recent passage of new mining legislation on Bougainville comes at an especially troubling time for large-scale mining operations in the Western Pacific.

One of the first major laws to be enacted since the transfer of a suite of powers to the Autonomous Bougainville Government under the terms of the 2001 political settlement with Papua New Guinea, the transitional mining law is a significant step towards the possible recommencement of large-scale mining on the island.

However, an assessment of how some of the region’s largest mines have been travelling in recent times makes for sobering reading and points to the need for deep and careful reflection as Bougainville contemplates a mining future. The report card reads like this.

In April of this year the PNG government declared a state of emergency at the Porgera gold mine in the highlands province of Enga – operated by the Canadian miner Barrick Gold – and launched a three-month operation to stamp out what it describes as “illegal” mining. Over a hundred police and military personnel were deployed to the region and hundreds of houses allegedly belonging to illegal miners were razed by security forces.

Two weeks ago the Chinese-owned Ramu nickel mine, also in PNG, was reportedly attacked by “armed villagers” resulting in injuries to five Chinese workers, damage to equipment and a three-day halt to mine production.

Late last year the PNG government effectively expropriated the lucrative yet environmentally and socially problematic Ok Tedi mine in Western Province, a move that remains the subject of a court challenge in Singapore.

In neighbouring Solomon Islands, the country’s only mine, Gold Ridge on north Guadalcanal, has been closed since the site was flooded during heavy rains in April. The Australian operator returned staff to the site in June but has recently pulled out again citing a serious escalation in security incidents and the presence of large numbers of “illegal miners” in the mine lease area.

Further south in New Caledonia, the Vale nickel mine in the Southern Province was closed for several weeks earlier this year following a chemical spill that triggered a series of fatal clashes between riot police and Kanak youth.

And so the list goes on.

Unfortunately there is nothing particularly new about this association between large-scale mining and violence in Melanesia (and nor is it peculiar to the region – a 2009 United Nations study found that at least 40 per cent of intrastate conflicts globally are related to natural resources). Gold Ridge mine was a flash point during the so-called “ethnic tensions” that gripped Solomon Islands in the late 1990s, eventually closing down as a result of the violence.

And of course local grievances associated with Rio Tinto’s giant Panguna copper mine on Bougainville were a major contributor to the 10-year civil war in which thousands died. The mine has remained closed since the conflict, but Rio Tinto’s subsidiary, Bougainville Copper Limited (BCL), had, until the passage of the new legislation this month, retained its mining lease under PNG law.

Bougainville’s political leaders are in the unenviable position of having to weigh the costs and benefits of a mining future. At the forefront of their minds is the prospect of a referendum on full independence from PNG which, according to the autonomy arrangements, must take place between 2015 and 2020. A key question is whether an independent Bougainville can be economically viable without large-scale mining.

The avowed policy of the ABG’s current leadership is to actively explore the possibility of at least one large-scale mine, with the preferred candidate being the mothballed Panguna mine. The need for the ABG to be able to regulate Bougainville’s mining sector has been given added urgency by the increasing activities of foreign investors with questionable credentials and intentions, as well as by the recent boom in small-scale and artisanal mining activities.

There are aspects of the new mining law that are innovative and clearly informed by the problematic history of the Panguna mine and the legacy of the conflict. For example, the legislation vests the ownership of mineral resources in customary landowners, who can veto exploration but not mining once an exploration license has been granted. It also contains provisions for the development of the island’s poorer regions.

That said, the legislation has not been without its detractors – in large part reflecting the highly fragmented character of Bougainville’s politics – with the parliamentary debate and subsequent passage of the bill met with an outpouring of opposition across mainstream and social media.

Opponents claim that the new law gives privileged treatment to BCL, which loses its mining lease but automatically gains an exploration license and therefore the right to negotiate for a new mining lease. Other critics have long maintained that Bougainville should follow a path to development based on smallholder agriculture and artisanal mining rather than large-scale mining.

For its part BCL’s chairman Peter Taylor has described the new legislation as a “set-back” and Rio is to review its majority shareholding in BCL. Whatever the legal status of BCL’s claim, the history of mining on Bougainville and elsewhere in Melanesia shows us that no new mining is likely to take place without the agreement of landowners, and such agreements are open to frequent renegotiation.

One thing we can be certain of is that despite demonstrable economic recovery, Bougainville’s social and economic development indicators remain well below pre-conflict levels. There are pressing human development needs on Bougainville, which only heighten the urgency of the tough choices that must be made about its economic future.

Matthew Allen is a fellow at the State, Society and Governance in Melanesia program, ANU College of Asia and the Pacific. He is conducting research on mining and political change in Melanesia funded by the Australia Research Council.

Jul 9 2014

Bougainville News : President Momis to PNG Government “show me our money”

 

M O

“The Panguna Mine funded PNG’s development from 1972 to 1989. Now, at the Peace talks, the PNG Government agreed to fund Bougainville’s restoration through a guaranteed share of PNG’s development budget,” President Momis said

Financing the Autonomous Bougainville Government according to the Bougainville Peace Agreement and the PNG constitutional laws is not a new program or an option for the National Government.

ABG President Chief Dr John Momis made this bold statement during the Joint Supervisory Board Meeting in Kokopo last Friday as he pointed out the National Government’s lax attitude in funding the ABG’s Restoration Development Grant.

“My Cabinet and I are getting more and more annoyed when we hear National Government officers and sometimes minister speaking of Bougainville’s requests for funding of the RDG as though these are new claims,” the President said.

“Our government’s entitlements are written into the Constitution of Papua New Guinea. Each government may share some blame for not getting this right from 2005, but that does make the provisions any less relevant,” he added.

When the Bougainville Peace Agreement was being negotiated the National Government’s finances were in a poor state and the National Government argued it could not afford to provide the massive sums needed to fund recurrent costs adequately and to restore infrastructure and service in Bougainville in what is now known as the Restoration and Development Grant.

The National Government team offered the Bougainville parties the rolling five-year average formula based upon the 2001 National Public Investment Program.

Their argument was that as Papua New Guinea’s economy improved Bougainville would benefit in the same proportion as the rest of the country, in other words the proportion of the National Development Budget would remain roughly the same as it was in 2001 and the rationale was primarily based around a concept of fairness.

“The Panguna Mine funded PNG’s development from 1972 to 1989. Now, at the Peace talks, the PNG Government agreed to fund Bougainville’s restoration through a guaranteed share of PNG’s development budget,” President Momis said

Under the RDG;s formulae proposed by the ABG’s share of the domestically financed Public Investment Programme will be around two percent but the formulae proposed by the National Government Bougainville’s share of the Development Budget will reduce dramatically to one third of the share it was in 2001.

Since the creation of Bougainville’s autonomous arrangement the RDG has remain stagnant at K15 m per year.
The President asked that the JSB seek to agree the RDG formulae and that the ABG want the 2015 paid at the correct rate to maintain services in Bougainville.

He also recommended that the respective Chief Secretaries of both governments sit down and agree on the appointment of a suitable mediator and arbitrator

Jul 6 2014

Bougainville News: Bougainville Government radically structures its government ministries to meet current and future needs.

 

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Reported by Anthony Kaybing New Dawn FM Bougainville News

The Bougainville Executive Council has made the decision to radically structure its government ministries to meet its current and future needs.

This follows the establishment of the Autonomous Bougainville Government’s own Public Service that now operates under its own law within Bougainville.

Kabu House

 

 

ABG President Chief Dr John Momis made the revelation during the Joint Supervisory Body Meeting between the ABG delegation headed by President Momis and the National Government delegation headed by the Deputy Prime Minister, Hon. Leo Dion, in Kokopo, East New Britain Province this Friday (040714).

“This is the first restructure of the Bougainville Government Ministries and the Administration since 2005 and the number of ministries has been cut to 15, thirteen members of the Cabinet will have only one ministry, and only one minister will have two ministries.

This will enable all Ministers to focus their efforts on one government priority area,” the President declared.

With the new structure in place the ABG Ministries will now be as follows;

  1. Presidential portfolios:
  2. Administrative Services
  3. Treasury & Finance
  4. Justice
  5. Police and Corrections
  6. Mineral Resources & Energy
  7. Technical Services
  8. Lands & Physical Planning and Environment & Conservation
  9. Health
  10. Education
  11. Community Government
  12. Communities, Women, Youth and Culture
  13. Sport and Youth
  14. Primary Industry
  15. Commerce and Tourism.

The Bougainville Senior Appointments Committee (BSAC) will be responsible for the appointment of the Chief Secretary (formerly the Chief Administrator) and Head of the Public Service and Senior officers including departmental heads.

The Acting Chief Secretary will work with each minister to prepare a recommendation to the Bougainville Senior Appointments Committee for an Acting appointment for each department and directorate and all permanent appointments will be made within six months to start from 1 January 2015.

“The ABG has already taken practical steps to implement these new ministerial arranges that enforces the new Bougainville Public Service Act,” he said

The President also said that there were to be two new Ministries that will be created that sees the creation of a Ministry and Department of Police and Correctional and the Ministry and Office of Sports and Youth.

President Momis went on to reveal that the Bougainville Administration will have 11 departments headed by Secretaries and four Offices headed by Directors who will be the equivalent to a secretary of a department.

 

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Jul 6 2014

Bougainville News: President Momis proposes new arrangement for engagement with PNG Government

 JM PO

Reported by Anthony Kaybing : New Dawn FM Bougainville News :Picture above PNG Prime Minister on recent visit to Bougainville

The Autonomous Bougainville Government has called for the abolishment of the National Coordination Office of Bougainville Affairs (NCOBA).

The ABG made a proposal last year that NCOBA and its roles and functions should be reviewed and a joint review on Bougainville’s Autonomy Arrangements, now endorsed by both the ABG and National Government also recommended this.

The ABG is of the view that NCOBA should be replaced with a different entity that can better coordinate the efforts of the Bougainville’s state of affairs while also acting as a go-between the ABG and the National Government.

A proposed idea is that a Bougainville Government representative office be based in Waigani and to be managed by a Director and staffed by Bougainville public servants to undertake coordination and advocacy with the National Government its departments and agencies.

Another option that was raised was the creation of A Bougainville Affairs Ministry, unlike the present ministry that is aligned to NCOBA or there could be a small Bougainville Affairs office within the Department of the Prime Minister and National Executive Council (Policy Division).

ABG President Chief Dr John Momis believes that the proposed arrangements can manage its engagement with all National Government departments and agencies and work effectively and efficiently.

The current state in which NCOBA operates has come into question due to the fact that it has not been as effective and efficient as the ABG and bureaucracy along with the people can see fit.

During the JSB Meeting of this year in Kokopo, the ABG has asked the National Government that the entity be disbanded and allow for the creation of a new entity that will have both influence of governments and allow for clear liaisons between the two governments.

New Dawn FM understands that the best time NCOBA was seen as working was under the former Director, BILL DIM who is now in New Zealand.

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Jul 3 2014

Bougainville News: Does the PNG Government currently owe the Autonomous Bougainville Government over K200 million ?

PM PNG
 

“The PNG government will continue to honour its commitment in releasing K100 million annually for the remaining four years.

The national government in 2012 made a commitment to allocate K500 million over a five-year period, to rehabilitate infrastructure throughout Bougainville.

However, despite the first K100 million funding being released, last year (2013), nothing much has been done there,”

PNG Prime Minister Hon. Peter O’Neill said in a recent radio interview (see below)(picture above traditional welcome to Bougainville February 2014)

The Papua New Guinea National Government currently owes the Autonomous Bougainville Government over K200 million under the Restoration Development Grants.

This was revealed this week (30 June 2014) by the ABG president Chief Dr John Momis during the opening of a double classroom at Tilowa Primary School when he was talking about the transfer of powers to the Council of Elders

He told the people who gathered for that special occasion that this money under the Bougainville Peace Agreement belongs to Bougainville but the National Government was underpaying us.

He said after calculations were made, ABG found out that the National Government owes us over K200 million.

The president said if ABG gets that money, they will then look at ways to help the Council of Elders

in terms of increasing their funds.

He explained that in this way, the Council of Elders will be empowered to look after their own law and order issues, education

Prime Minister Peter O’Neill today (6/02/14) expressed the National Government’s gratitude towards the leaders and people of Bougainville for their kind welcome and generous hospitality, during his delegation’s recent visit to the region.

He said this during an interview on the FM100 Talkback Show, in Port Moresby and outlined the government’s commitment to assist Bougainville with infrastructure rehabilitation funding.

“The government will continue to honour its commitment in releasing K100 million annually for the remaining four years.

“The national government in 2012 made a commitment to allocate K500 million over a five-year period, to rehabilitate infrastructure throughout Bougainville.

“However, despite the first K100 million funding being released, last year (2013), nothing much has been done there,” Prime Minister Hon. Peter O’Neill said.

The Prime Minister said the monetary allocation was committed entirely to rehabilitate the rundown infrastructure throughout the region.

He also said the funding allocated last year was given to the Autonomous Bougainville Government (ABG) and it is solely responsible for acquitting the funds.

“There are also Special Resolution Grants sitting in trust accounts that need to be spent on upgrading infrastructure there,” Prime Minister Hon. Peter O’Neill said.

He said with the history of the crisis and loss of lives it was important for the national government to go back and engage with the people of Bougainville and apologize traditionally for all the hardship created, not only for Bougainville but for PNG as well. “I believe these issues could have been better managed before it got out of hand.

“It has been an eye-opening experience for a national government delegation which I led into the region recently,” Prime Minister O’Neill said.

He thanked the ABG, particularly President Chief Dr John Momis and his Cabinet, along with the four MPs of Bougainville for their partnership and dedication in putting aside their differences and working together to move Bougainville forward.

“I also met with the President of the Me’ekamui Government, Philip Miriori, and other leaders including the Panguna landowners like Laurence Daveona and Sam Kaona,” Prime Minister O’Neill said.

The Prime Minister reiterated that the government still respects the Arawa Peace Agreement signed in 2001 and looks forward to implementing it. “Our aim of going to Bougainville was to try and restore government services in the region.

“We want our hospitals to be functioning well in Bougainville, the roads upgraded and sealed, and the Aropa Airport reopened,” the Prime Minister said.

“The government has already opened the Port in Kieta and has re-established PNG Power to distribute power throughout Arawa town,” Prime Minister Hon. Peter O’Neill announced.

The president of the autonomous Papua New Guinea province of Bougainville, John Momis, says his government is considering suing the national government for what he says is its failure to meet the terms of the Peace Agreement.(Interview July 2013)

He says the lack of money is stalling preparations for the referendum on possible independence, which is a key part of the Bougainville Peace Agreement.

That vote is likely in 2016 and Mr Momis told Don Wiseman Bougainvilleans need to be more self reliant or seek financial help elsewhere if the national government does not meet its commitments.

JOHN MOMIS: The people of Bougainville must realise that that event, that important political moment in the history of Bougainville is quite imminent. As a matter of fact, next year the ABG, their own house of representatives, will determine the actual date of the referendum. So whilst we’re experiencing a lot of problems in respect to assistance from the national government, we need to get ourselves organised and be more self-reliant, even in terms of sourcing funds from outside. Because we are not having a very successful engagement with the national government. They seem to be having no qualms or conscience and consistently breaching the Bougainville Peace Agreement. So the only way to motivate our people is to say, look, we have to be ready. It’s like saying the grand final date is on, and, whether we are ready or not, we have to play in the grand final. We made the commitment so we better get ourselves organised.

DON WISEMAN: When you say that the national government is breaching the peace agreement, there was a lot of good feeling toward the end of last year and the government came through with those very large commitments they had made. So are you suggesting there’s been a backtracking since then?

JM: There’s been quite a bit of backtracking, yes. Even last year the $100 million the government promised only came to us in November towards the end of the year. It doesn’t give us much time to implement, especially when the Bougainville administration doesn’t have the capacity. And this year, we haven’t go this year’s allocation yet. And the restoration and development grant, which is stipulated in the Bougainville Peace Agreement, which is sub-constitutionally guaranteeing the allocation of funds which should be given to us every year – they have been under paying us deliberately. We worked out that, in fact, the national government owes us something like approximately $188 million. That is the only guaranteed funding to Bougainville. They’ve been severely underpaying us.

DW: And that’s separate from the commitment of 500 million kina that was made?

JM: Yes, 500 million for the next five years – that’s a political commitment the national government made. Whereas the restoration and development grant is constitutionally stipulated. The national government has no choice but to give it. In fact, we are seriously thinking of taking them to court for such a massive breach, which creates a lot of doubt in the minds of Bougainvilleans about the national government’s goodwill

 

Jun 30 2014

Bougainville News Alert : Push for late 2020 Bougainville PNG referendum ?

Radio New Zealand  and RADIO Australia are reporting  that an advisor to the autonomous Bougainville government says Papua New Guinea’s national leaders will likely set the date for the Bougainville referendum on independence.

LISTEN RADIO Australia Interview

regaa_psc

Anthony Regan  (pictured above) says there’s been relatively little focus among PNG’s national politicians on the approaching window for the referendum, which is to be held between 2015 and 2020.

“And as that date has to be agreed between the two sides, Papua New Guinea can effectively set the date as late as it likes up until 2020 so I think there’s a sense in Port Moresby that that’s probably what will happen. Although Bougainville can of course request an earlier date, it’s most likely that it’s going to be late.”

Anthony Regan was in New Zealand last week to give a lecture on Bougainville at Victoria University.

He says as Bougainville moves into this critical phase, there will be a need for considerable help from the international community over the range of complex issues that need to be negotiated with PNG in this phase

You can subscribe to these Bougainville News alerts

 

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Jun 29 2014

Bougainville News: President questions if Bougainville ready for referendum: Mining law update

M O

By Anthony Kaybing

A recent statement by the Autonomous Bougainville Government President Chief Dr John Momis on Bougainville’s readiness to hold its referendum to decide its political fate has come into question. President Momis had stated earlier that Bougainville in its current state was not ready to hold its referendum due to insurmountable socio-political factors affecting the region at present.

SEE also below: A DRAFT mining bill transferring powers from the Papua New Guinea Government to the Autonomous Bougainville Government (ABG) could “adversely affect” the mining rights held by Bougainville Copper, the company has warned.

Public outcry over the President’s blunt statement has questioned his intentions on the determination of Bougainville’s future to the extent of also questioning his loyalty to Bougainville.

But he explained the reason for his outburst that Bougainville has to meet a certain criteria to ascertain its future to attain higher autonomy or move toward total secession and gain independence from Papua New Guinea.

“This is a fact and we cannot continue to disregard this, it’s a reality and we must man up and face it and do something about it if we really do care about the future of Bougainville,” he said.

The Bougainville Peace Agreement exudes President Momis’ concern on holding the referendum at a time when Bougainville has not yet quite met the expectations of the BPA on good governance and total weapons disposal.

The President pointed out that Bougainville is yet to achieve fiscal self-reliance, weapons disposal and the lack of unity amongst Bougainvilleans are the prime cause of his concern on holding the referendum too early which may prove detrimental.

“We cannot hold the referendum right now because we have yet not met the criteria of the Bougainville Peace Agreement and might I remind you, the outcome of the referendum depends on the ratification by the National Government so we will definitely fail should we do so right now,” the President said.

“You cannot have a nation when you don’t support your government, you can’t have a nation when there is disunity and law and order problems and you simply cannot have nation with a minimal educated populace,” the President also explained.

“When I say this it does not mean that we will not have the referendum or that I am against it, we will certainly have it but at a time within the ten year Referendum period and at a more suitable time when the government is ready so we should not make haste,” he said.
Having explained this the President also said that the Autonomous Bougainville Government has been working tirelessly to ready Bougainville for the ensuing Referendum period which must and only be held anytime between 2015 and 2020. This has been evident with the ABG legislating laws to strengthen its autonomy institutions to create a more conducive environment that is on par with international best practice on good governance.

 From Alison Middleton PNG Industry report June 27

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A DRAFT mining bill transferring powers from the Papua New Guinea Government to the Autonomous Bougainville Government (ABG) could “adversely affect” the mining rights held by Bougainville Copper, the company has warned.

Bougainville Copper confirmed it had been provided with a Draft Bougainville Mining (Transitional Arrangements) Bill by the ABG.

The company said the bill appeared to be in accordance with the ABG’s stated objective to draw down powers from the PNG national government and obtain the transfer of powers relating to mining.

Bougainville Copper holds a number of resource tenements in Bougainville, including a special mining lease, various leases for mining purposes and several exploration licences.

The Rio Tinto subsidiary has been eyeing a resumption of mining of the giant Panguna copper deposit in the early 2020s, after the mine was closed in 1989 due to civil war.

“The SML entitles the company to explore and mine for copper within the SML area,” Bougainville Copper said in a statement.

“The SML is governed by the Bougainville Copper Agreement (BCA) and the Mining (Bougainville Copper Agreement) Act.

“The draft bill, in its current form, if passed into law, may adversely impact on the mining rights held by Bougainville Copper.

“The draft bill purports to repeal the BCA Act. The company does not concede the draft bill – if passed into law in its current form – does or can have that effect.

“Bougainville Copper is taking appropriate advice regarding the bill as drafted and will seek to liaise and meet with representatives of the ABG to discuss its concerns.”

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Jun 20 2014

Bougainville News: Australian Government discusses future of Bougainville in Senate Estimates

Pm

Papua New Guinea PM Peter O’Neill visits Bougainville in January 2014 as countries seek reconciliation following civil war

The following is a transcript from the Commonwealth of Australia Foreign Affairs Senate Estimates: Canberra June 2014

SUMMARY

Under the Bougainville peace agreement, to which Australia was a witness, the signatory is the central government in Papua New Guinea and the established Autonomous Bougainville Government. They agreed to a referendum window of 2015 to 2020 for there to be a question or questions put to the people of Bougainville about the future status of that province. One of those questions has to address the issue of possible independence for Bougainville. The Bougainville authorities, the Autonomous Bougainville Government and the authorities in Port Moresby, the Papua New Guinea National Government led by Prime Minister O’Neill, have been in discussions with each other. Those discussions have waxed and waned. I think we have noticed recently, as we get closer to the opening of that referendum window, that there has been some new positive and very welcome, from our point of view, momentum behind those consultations.

Those consultations, obviously, involve a range of players both from Bougainville and the central government, including the three Bougainville representatives who sit in the National Parliament in Port Moresby. The leader from the Bougainville side is the leader of the Autonomous Bougainville Government, Mr Momis. There are in the Bougainville peace agreement references to a number of things that should happen as we approach the referendum window. I emphasise there is no certainty on dates within that quite wide five-year window.

The question of timing for a referendum is one under the agreement that needs to be settled between the National Government of Papua New Guinea and the Autonomous Bougainville Government. Similarly, the conditions and arrangements for that referendum have to be settled in that way.

Our aid program in Bougainville is increasing as well as part of our broader aid program to Papua New Guinea. Minister Bishop is determined, as we approach 2015-2020, to use the aid program further in support of creating the conditions for future stability in that province and future prosperity for the people of Bougainville

 

Senator RHIANNON: Thank you, Chair. In 2013, USAID issued its Bougainville stability desk study and issued warnings about instability with regard to Bougainville. In 2008, there was an AusAID report called Market chain development in peace building: Australia’s roads, wharves and agriculture projects in post-conflict Bougainville that also warned that re-opening the Panguna mine on Bougainville was a high risk operation that could generate significant instability. Does the department accept this view? What is the current position with regard to reopening the mine?

Ms Klugman: I will just get to the right notes. Your question mentioned agriculture and a few other things and stability, but your question was about the future of the Panguna mine. You should rest assured, Senator, that both sides of the debate on the future of Bougainville—that is, the sovereign government of Papua New Guinea as well as the autonomous province of Bougainville—are fully aware of the role that both land and other issues around the Panguna mine played in the troubles. They are very focused on the future of that mine.

The future of the Panguna mine is quite clearly a matter for the government of Papua New Guinea through its arrangements with the autonomous Bougainville government, the resource sector being one of the areas of autonomous power being drawn by the autonomous Bougainville government under the Bougainville peace agreements.

Senator RHIANNON: So do I take from that that the Australian government does not have a position if it should be re-opened or do you have a position if it would be beneficial to Bougainville and PNG if the mine re-opened?

Ms Klugman: That is a matter for PNG and Bougainville.

Senator RHIANNON: Is the department aware of allegations in the British Journal of Criminology, volume 52, issue No 4, page 705: ‘Testimony from senior Australian Government officials is presented which strongly suggests the Australian Government supported PNG defence force operations on Bougainville during 1989 to 1992 and to that end provided direct military assistance, including ADF officers who helped plan the counter insurgency campaign.’ Is the department aware of these allegations and has any follow-up occurred since that article was printed?

Ms Klugman: I am not aware of that article. I am happy to take that question on notice.

Senator RHIANNON: Thank you.

Senator Brandis: I am not aware that the department of foreign affairs regularly subscribes to the British Journal of Criminology.

Senator RHIANNON: Senator, you are aware that was my question. But as it involves Australian government officials who were named as being quite senior, I thought it may have come to their attention. I am happy for it to go on notice.

Senator Brandis: Who was the author of the article?

Senator RHIANNON: You will be able to find all that out. I have not got much time; so I would like to move on.

Senator Brandis: You just cannot come in here and without—

Senator RHIANNON: Last night you told me I could not ask questions. Now you are saying I cannot come in here.

Senator Brandis: If I may finish, please, without being interrupted. You cannot just come in here and quote from an article that nobody has ever heard of and which has no bearing upon the work of DFAT and when you are asked to identify the author, decline to do so. These are serious allegations made against Australian personnel in the area and you will not cite your source.

Senator RHIANNON: This is the opportunity to clear the air.

Senator Brandis: You are the person who has raised the scandalous allegation.

Senator RHIANNON: Surely that is what estimates is about.

Senator Brandis: You will not even identify your source.

Senator RHIANNON: I have identified the source and I gave it to you right down to the page number.

Senator Brandis: Who was the author of the article?

Senator RHIANNON: I am happy to put it on notice later, the whole article.

Senator Brandis: So you have made a scandalous allegation against members of the ADF.

Senator RHIANNON: No, I have not made a scandalous allegation. I have repeated something. So you are saying—

Senator Brandis: You won’t even tell us who was making the allegation.

Senator RHIANNON: That it is not a reputable source?

Senator Brandis: It may not be a reputable source. It may not be a reputable person.

Senator RHIANNON: Again it is your time-wasting exercises.

Senator Brandis: Until we know who was the author of the article, how can we make a judgment about its reputability?

 

Senator RHIANNON: A freedom of information request was lodged by the Corporate Responsibility Coalition in Britain. It appears that the Australian government, from the information that was released, joined with their British counterparts to lodge an amicus curiae brief in support of Rio Tinto after it was sued under the alien tort statute for human rights abuses on Bougainville. Given this helped to block victims of war crimes from obtaining a potential remedy in the US courts, can the department explain why the Australian government decided to oppose the legal action?

 

Senator Brandis: Again, this question is even more foolish because your question is based on an assertion. It appears—from whom?

Senator RHIANNON: No, it is from a freedom of information—

Senator Brandis: From?

Senator RHIANNON: The Corporate Responsibility Coalition in Britain put it in. It is there on notice.

Senator Brandis: So someone—

Senator RHIANNON: Again, it is an opportunity to clear the air. What is wrong with that?

Senator Brandis: So some lobby group in a foreign country of whom nobody has ever heard has put in a freedom of information request. On that extremely slender basis, you are making allegations against the Australian government. What is your source?

Senator RHIANNON: Ms Klugman, will you take that on notice, please?

Senator Brandis: No, we will not take that on notice.

Senator RHIANNON: You will not even take it on notice?

Senator Brandis: We will not even take it on notice. We will not dignify it with a response because it is absurd.

Senator RHIANNON: Thank you, Chair. It says it all, coming from the minister.

Senator FAWCETT: Can I just follow up on Bougainville since we are on that topic. Ms Klugman, I am assuming you are probably the one to ask. You are obviously aware of that peace agreement which led to the understanding that there could be a referendum on independence between 2015 at the earliest and 2020 at the latest.

Ms Klugman: That is correct.

 

Senator FAWCETT: Could you update the committee on where we believe that sentiment is at in terms of desire for it and particularly a couple of the requirements that are being discussed? One is weapons disposal, particularly from the BRA, and also requirements for better governance before we move down that path.

 

Ms Klugman: Yes, you are quite correct. Under the Bougainville peace agreement, to which Australia was a witness, the signatory is the central government in Papua New Guinea and the established Autonomous Bougainville Government. They agreed to a referendum window of 2015 to 2020 for there to be a question or questions put to the people of Bougainville about the future status of that province. One of those questions has to address the issue of possible independence for Bougainville. The Bougainville authorities, the Autonomous Bougainville Government and the authorities in Port Moresby, the Papua New Guinea National Government led by Prime Minister O’Neill, have been in discussions with each other. Those discussions have waxed and waned. I think we have noticed recently, as we get closer to the opening of that referendum window, that there has been some new positive and very welcome, from our point of view, momentum behind those consultations.

Those consultations, obviously, involve a range of players both from Bougainville and the central government, including the three Bougainville representatives who sit in the National Parliament in Port Moresby. The leader from the Bougainville side is the leader of the Autonomous Bougainville Government, Mr Momis. There are in the Bougainville peace agreement references to a number of things that should happen as we approach the referendum window. I emphasise there is no certainty on dates within that quite wide five-year window.

The question of timing for a referendum is one under the agreement that needs to be settled between the National Government of Papua New Guinea and the Autonomous Bougainville Government. Similarly, the conditions and arrangements for that referendum have to be settled in that way.

I referred to some new momentum. I think I had focused in particular on a visit that was made two months ago to Bougainville by Prime Minister O’Neill himself. That was the first visit by Prime Minister O’Neill to that province. Indeed it was the first time a Papua New Guinea Prime Minister had been to Bougainville for many years. There were some reconciliation ceremonies and events that preceded that visit, which are important in the context of the history of the conflict in that place.

For our part, Australia, as a neighbour, as a close friend of Papua New Guinea and, by the way, as a witness to that peace agreement, have been stepping up, through Ms Bishop our dialogue with the leadership in Papua New Guinea on those questions, the questions of referendum, the questions of Australian assistance with economic development activities in Bougainville as part of our broader aid program in Papua New Guinea.

I think we are in a phase, I would say, of stepped-up interaction and dialogue with the two principal players in this matter, which are the government of Papua New Guinea and the government of that autonomous province.

 

Senator FAWCETT: I guess my question goes to the issues that were the pre-enabling conditions, which were the governance and the weapons cell. Given the consequences for Australia of instability in Bougainville should things not go well, I am just interested: are we committing resources in terms of people or funding to assist with those two particular elements around increasing governance or monitoring or facilitating weapons control

Ms Klugman: Yes, we are doing both of those things. You mentioned two issues which are prominent in the agreement itself. In the letter of the agreement, they are not conditions for a referendum but they are very much pre-conditions for a referendum but they are important conditions for a successful and peaceful act of successful and peaceful referendum in that country.

There is still a lot of ordnance left over. You mentioned the weapons disposal but there is also a lot of UXO disposal which we have been involved in, in particular through the role of the Australian Defence Force in Operation Render Safe, which is an operation that goes beyond Papua New Guinea but there is a particular focus on Papua New Guinea. Its purpose is to clean up damaging ordnance left over from the Second World War.

Our aid program in Bougainville is increasing as well as part of our broader aid program to Papua New Guinea. Minister Bishop is determined, as we approach 2015-2020, to use the aid program further in support of creating the conditions for future stability in that province and future prosperity for the people of Bougainville

Jun 16 2014

Bougainville News: Bougainville Govt told to change approach to mining re-start

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Panguna landowner chairman says the Bougainville Government is going about the reconciliation process in the wrong way.

The man heading the Bougainville land owners group where the Panguna Mine is sited says the government in the autonomous Papua New Guinea province is going about the reconciliation process back to front.

The ABG, headed by President John Momis, wants the mine to re-open, to help quickly stimulate the economy as the province begins to consider a vote on possible independence.

The mine was at the centre of the province’s civil war and has been shut for 25 years.

The ABG spent much of last year consulting with the communities on renewed mining, and holding reconciliations.

But the chairman of the Osikaiang Landowners Special Mining Lease, Lawrence Daveona, told Don Wiseman before any of that can happen there has to be reconciliation within his own village, Guava.

 

 

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He says then there could be a wider reconciliation and Bel Kol – the Bougainville cultural practice of giving compensation.

Originally aired LISTEN HERE  Dateline Pacific, Thursday 5 June 2014

LAWRENCE DAVEONA: And the reasoning behind this, through customary practice, is that the conflict started in Guava and the leaders of Guava have to officially authorise our President Momis and his Government to take over the preparation and actual staging of Bel Kol on Bougainville. And again under our arrangement with ABG, the Panguna Negotiation Office and the Mining Department, the process we have to do is, after the Guava and my family reconciliation, President Momis will make a visit to Guava Village, because it was in Guava Village after Francis Ona [ leader of the separatist movement during the Civil War] invited him after his capture by BRA [Bougainville Revolutionary Army] rebels in Tinputz. So the people of Guava Village looked after President Momis and President Momis has promised to come and visit Guava Village and then say thank you to the Guava Village community. Upon his visit here the leaders of Guava and chiefs will officially, through customary ritual, hand over authority for this Bel Kol staging by ABG as our Government on the ground. And as I said before the Bel Kol the Panguna Landowners and the Guava Village must have their own reconciliation with ex-combatants because that is how the conflict progressed on. From a Guava Village internal family feud to the involvement of Panguna Landowners and then the involvement of the militants which then developed into the ex-combatants.

DON WISEMAN: You could understand the ABG perhaps being a little bit confused because as they see it, they have gone through extensive consultations already with the community and they have had extensive reconciliations but you are saying that that counts for nothing at this stage because they have got it the wrong way around.

LD: That is correct. That is correct. That is correct. It is common understanding from north, south and central that the crisis originated in Guava Village and Panguna Landowners and it has to go back to the root of where it all began and work outwards. Not the top down approach as the ABG has been approaching it.

DW: So once it got to that point, once you can go through the Bel Kol as you have described it, then discussions could begin on a possible re-opening of the mine.

LD: After the staging of the Bel Kol, BCL [ Bougainville Copper Ltd] will have its presence in Arawa as has been agreed to and BCL will begin its restoration programme but not in regards to the re-opening of Panguna Mine. There are outstanding issues that they have to attend to in terms of restoration programme, displaced villagers in the Panguna mine lease areas and also to the communities of the whole of Bougainville, through human resource development, like assisting with vocational schools. There is a package involved in the Bel Kol exercise, so BCL will be on the ground after the staging of the Bel Kol. Now the date has been postponed until some time in July for this exercise of Bel Kol.

DW: As we said the President is very keen for the mine to be opened because he sees this as the way in which the economy can quickly get going so that it is in a viable state in time for the vote on viable independence after next year, or from next year onwards, but the way you see it, that is not going to be possible, it is going to be many years down the road before there can be any re-opening of that mine.

LD: Well people cannot just want the Panguna are opened. Oh no no no, they can’t. The need to be compensated and their outstanding compensations for Panguna landowners and even the loss of lives – between 15 and 20 thousand people – is an issue that our Government, ABG, is really not addressing. It is going to take quite some time because the Panguna landowners position is that the ABG should take ownership of the restoration package for the whole of Bougainville and this package should deal with a lot of the issues – such as compensation for the deceased, the restoring of burned down villages, the infrastructure, so that our people can be in their right mind before they can talk about opening the Panguna Mine.

DW: So many many years?

LD: Oh I can’t answer that because as it is – I know I keep saying I know where our President is coming from. He thinks we can start negotiating from the end of this year. I don’t see it that way. Maybe next year. Maybe mid next year about Panguna. The problem is on the ground. You can’t just walk in and open the mine. A lot of villagers here are not settled and we have got a lot of issues that the government, the ABG Government is not really addressing.

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