Tag Archives: Bougainville Copper

Mar 29 2015

Bougainville President Press Release: Jubilee Australia demonstrates ‘shameful ignorance and arrogance

Grand Chief Momis addresses Excoms

“Your assumptions, and an apparent bias, were reflected in your choice of research partners with well-known records of vehement anti-BCL views. The PNG researchers chosen to do the interviews are also people well-known in Bougainville as holding similar views.

“My Government is on the ground in Bougainville. Elected members and government officers have for many years constantly consulted landowner communities from the former Panguna leases, with the organisations established since 2010 to represent those communities, with leaders of the various Me’ekamui organisations in the area, with Councils of Elders and Village Assemblies in the area. While there is undoubtedly a range of views on the future of mining at Panguna, the only way of getting 63 interviewees opposed to mining

The President of the Autonomous Bougainville Government (ABG) today released a statement about the refusal of Australian NGO, Jubilee, to respond to three letters he has sent them since October raising questions about a Jubilee report on Panguna landowner views on mining. He said their refusal to answer his questions demonstrated ‘shameful ignorance and arrogance on the part of Jubilee.

In a series of letters to the Jubilee in October, November and December 2014, President Momis questioned research methodology used, false claims made on the basis of interviews with a tiny selected group of opponents of mining, many serious factual errors in the report, and the track record of opposition to BCL and Rio Tinto on the part of Jubilee Australia’s research partners, Kristian Lasslett and the Bismarck Ramu Group.

DOWNLOAD LETTER HERE Momis – to Jubilee Board – 26 March 2015

In a letter to the Jubilee Board released with today’s statement, the President said:

“You proudly proclaim to be a scientific research organisation. But your research on Bougainville has been unethical and deeply flawed.

He went on to say that the Jubilee Report “was clearly based on false assumptions, and those same assumptions have been evident in claims made both at many points in your report, and in statements by your CEO, that there is near unanimous opposition to mining in the landowner communities in the former leases associated with the Panguna mine.

“Your assumptions, and an apparent bias, were reflected in your choice of research partners with well-known records of vehement anti-BCL views. The PNG researchers chosen to do the interviews are also people well-known in Bougainville as holding similar views.

“My Government is on the ground in Bougainville. Elected members and government officers have for many years constantly consulted landowner communities from the former Panguna leases, with the organisations established since 2010 to represent those communities, with leaders of the various Me’ekamui organisations in the area, with Councils of Elders and Village Assemblies in the area. While there is undoubtedly a range of views on the future of mining at Panguna, the only way of getting 63 interviewees opposed to mining would be to carefully select them. If your report stated clearly that that was what you had done, there would be little complaint. But the report does not do that. It dissembles.

“Moreover, you compound your error by numerous absolutely false statements about the views expressed in the interviews being representative of all in the area.

“In short, there is no doubt at all that those doing the interviews in Bougainville on which the report claims to be based carefully chose a small group of opponents to the resumption of mining.

“The report was written by a person from one of your partner organisations with a clear record of a particularly unbalanced view on BCL.

“Your assumptions and bias were further demonstrated by your deliberate refusal not only to consult the ABG, but also to give it any opportunity to comment on a draft of the report before rushing to publish.

“You have also refused to respond to my questions about the ethical standards of the research, and your adherence to PNG law in the conduct of the report.

“By your refusal to answer the issues and questions raised in my three letters (above), you simply raise more doubts about your standards, your accountability and your bona fides.

“In all the circumstances, your behaviour is shameful, and your claims to be a scientific research organisation seem little more than a joke.

“I continue to request a response to the specific issues raised in those three letters.”

,

Chief John L. Momis

President, ARoB

 

Mar 29 2015

Bougainville Mining News : PNG Govt Member Miringtoro and Jubilee not happy with new Mining Bill

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By Aloysius Laukai Bougainville News Editor :
The member for Central Bougainville and Minister for Communication in the Papua New Guinea National Government, JIMMY MIRINGTORO told New Dawn FM from Port Moresby that he was not happy that the ABG has rushed this bill on the eve of the ABG General elections.

He said that the ABG should have let the passing of the bill to the next government after more scrutiny from all stakeholders on Bougainville.

MR. MIRINGTORO said that pushing the bill on the eve of the ABG Elections is not proper as other outstanding issues were still not resolved on the future of mining on Bougainville.

He said that from day one he had warned the ABG against the bill especially when the people are still in the dark of this bill that could take away their rights form their land and resources forever.

MR. MIRINGTORO also said that the bill was written by outsiders like the Adam Smith International who have been involved in controversial development policies in the third world.

He said that it was unfortunate the government did not listen to the cries of the citizens and passed the bill.

Meanwhile, New Dawn FM understands that if there are some issues that have not been highlighted can now be done through an amendment of the Bougainville Mining Law by the next ABG Government that will come after the ABG General Elections.

The writs for the election were issued by the Speaker, ANDREW MIRIKI at 4pm this Friday March 27th.

 Jubilee Australia comments on the Bougainville Mining Bill 2014

In February 2015, Jubilee Australia with Bismarck Ramu Group and the International State Crime Initiative wrote to Mr Stephen Burain, the Minister for Mining in the Autonomous Government of Bougainville, commenting on the Bougainville Mining Bill 2014. See the full response here:

Mr. Stephen Burain

Minister for Mining

Autonomous Government of Bougainville

Dear Mr Burain,

As part of our enduring commitment to the mine affected communities in the Panguna region we would like to comment on the Bougainville Mining Bill 2014 drafted by Adam Smith International at the direction of the Autonomous Bougainville Government (ABG).

We gratefully received a copy of the draft mining legislation and regulations from the ABG in December. Our understanding is that the legislation is slated to be voted on in March. As the window is limited for commentary on the documents – which come to 508 pages in length – we have decided to enumerate below some preliminary feedback on the legislation, and the consultation process preceding its proposed approval by Bougainville’s parliament.

1)      Consultation and Independent Assessment

Given that the legislation will lead to the temporary alienation of customary land, with wide ranging effects on the social, economic, cultural and physical life of impacted communities, it is important that the draft mining bill and regulations are subject to a widespread and thorough process of consultation, discussion and independent scrutiny, as affirmed in international treaties,[1] as a principle of international law,[2] and in international best-practice reporting.[3] As the final draft of the mining bill was delivered during November by Adam Smith International, it would seem appropriate to allow a significant period for consultation and revision, in order to give communities across Bougainville adequate time to organise themselves, seek independent expert advice, discuss the legislation, and prepare their response. While a prolonged consultation period would not be appropriate for all draft bills, given that mining has historically been a highly contentious issue on Bougainville, building a legislative framework over which all communities feel a sense of ownership is vital. Coupled to this, the legal complexity of the draft mining bill and associated regulations, make such a prolonged consultation period necessary, so that communities are afforded the time and space to appreciate all the relevant provisions and their long-term implications.

2)      Financial Support to Impacted Communities

It is important that financial resources are made available to those communities who reside on or near mineral resources that are likely to be affected by the bill in the foreseeable future, so they may acquire independent expertise to help them evaluate the draft and share their concerns with the ABG.[4] It is critical that communities are empowered to choose their own sources of independent expert advice, while observing relevant good governance procedure.

3)      Free, Prior and Informed Consent

More specifically on the contents of the draft Bougainville Mining Bill 2014, in light of mining’s contentious history on Bougainville it is especially important that the legislation should encompass best practice with respect to free, informed, prior consent, and echo the standards set out in key international covenants including the International Covenant on Civil and Political Rights, International Covenant on Economic Social and Cultural Rights, UN Declaration on the Rights of Indigenous Peoples, and ILO Convention 169. In this respect we would like to highlight a number of preliminary concerns to take into consideration:

         A. Access to Information

In order to conform to best practice the legislation must empower traditional landowning communities by inscribing them with a number of positive rights, including the right to access independent sources of information and expert advice, coupled to a right to receive adequate financial support to seek this advice.[5] By independent sources of information and expert advice, we mean recognised experts who are not linked with the extractive industries or government, whether it be through position or financially, and who can be relied on to act in the best interests of the contracting community. It is concerning that the current draft bill does not appear to afford communities these fundamental positive rights.

        B. Independent Community Consultation

There needs to be more robust mechanisms included in the bill assuring the comprehensibility and independence of the community-consultation process, preceding a mine’s initiation.[6] As it stands, the bill places responsibility on mining companies holding an exploration license or mining lease to develop and enact community engagement plans. While mining companies, of course, have a legitimate place in the consultation process, it is essential that the plan and strategy is implemented by an independent arms-length organisational actor, with an overarching responsibility to act in the best interests of landowners and the public.

       C. Inclusive Consent Processes

More robust measures of consent should be set out in the bill which ensure a clear majority of adult aged landowning community members, whose social, economic, cultural and physical life will be seriously impacted by the project, support the venture, after receiving comprehensive, independent advice on the project’s economic, social, cultural and economic impacts. [7] At the moment, a landowner association approved by the Bougainville Executive Council, can consent to exploration licences and mining leases on behalf of the communities they represent. In light of historical examples in Bougainville, there is serious risk that without further safeguards landowner associations will not be inclusive of vulnerable groups and customary leaders, particularly if association processes and procedures are in a language and cultural form which are inaccessible to a large section of the affected population. Therefore, this current model does not appear to offer a robust mechanism for assuring community-wide participation in the consultation process or when measuring consent. We believe the legislation needs to adopt more robust mechanisms for measuring consent that ensure mining projects are supported by a clear majority of adult-aged landowning community members, whose social, economic, cultural and physical life will be seriously impacted by the project, after receiving comprehensive, independent advice on the project’s economic, social, cultural and economic impacts. It should also include measures that help communities build cooperative, culturally inclusive organisational frameworks that will empower them to participate in the consultation and negotiation process.

       D. Access to Remedy

There need to be independent grievance and accountability mechanisms inscribed into the legislation that empower communities to seek remedies for abuses of rights or legal procedure, whether by a private or governmental actor.[8] This grievance mechanism and body must be at arms-length from all mine stakeholders. Currently no such mechanism exists in the draft bill.

        E. Human Rights Due Diligence

The draft bill needs to include robust human rights standards that mine operators must observe or face serious sanction, with remedies in place for violations of these standards.[9] Not only have mining operators on Bougainville participated in human rights abuses, this behaviour may also be witnessed across Papua New Guinea. Currently the bill does not offer a robust framework for addressing this enduring issue[10].

As you will appreciate, these comments are based off a preliminary reading of the draft bill. Nonetheless, we hope you find this feedback useful, and we welcome a continuing conversation on the issues raised within.

With sincere regards,

Brynnie Goodwill, CEO Jubilee Australia

Co-signed: Bismarck Ramu Group

Co-signed: International State Crime Initiative

[1] ILO Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries, Article 6; International Covenant on Civil and Political Rights, Article 27; International Covenant on Economic Social and Cultural Rights, Article 15; UN Declaration on the Rights of Indigenous Peoples, Article 19

[2] Kichwa Indigenous People of Sarayaku v. Ecuador, Judgment, Inter-AM. Ct. H.R. (Ser. C) No. 242, (June 27, 2012), at para. 164.

[3] UN-REDD (2012) Free, Prior and Informed Consent for REDD+ in the Asia-Pacific Region: Lessons Learned, report available online: http://www.unredd.net/index.php?option=com_docman&task=doc_download&gid=8047&Itemid=53 (accessed on 20 January 2015)

[4] UN Declaration on the Rights of Indigenous Peoples, Article 27 & 39.

[5] ILO Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries, Article 7; UN Declaration on the Rights of Indigenous Peoples, Article 27 & 39

[6] ILO Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries, Article 15; UN Declaration on the Rights of Indigenous Peoples, Article 32

[7] Ibid

[8] UN Declaration on the Rights of Indigenous Peoples, Article 11, UN Guiding Principles on Business and Human Rights, Principles 25, 26, 27, 28, 31,

[9] UN Guiding Principles on Business and Human Rights, Principles 6, 7, 9

[10] Un Guiding Principles on Business and Human Rights, Principle 3

Mar 24 2015

Bougainville Mining News: Ex-combatants in Bougainville support controversial Bougainville Mining Act.

 

Grand Chief Momis addresses Excoms

“The government has done everything to thoroughly explain to the people the new Bill and how it will greatly regulate the extractive industry on Bougainville.We cannot continue to undermine the government for it is the very thing that we fought and died for, doing so only renders the purpose of our struggle moot,  .We are all behind the government and will not resort to creating instability within the region.

Spokesman for the ex-combatants, Cornelius Solomon

Ex-combatants in Bougainville have rallied behind the Autonomous Bougainville Government to support the passing of the controversial permanent Bougainville Mining Act.

Written and Supplied by Anthony Kaybing

The ex-combatants met with the ABG and its officials this afternoon (Tuesday) to express their support of the bill and assured ABG President Grand Chief Dr John Momis of their intent.

The permanent Bougainville Mining Bill is the brainchild of the Momis led ABG in its efforts to curb mineral resource problems that led to the bloody ten year civil conflict on the island.

The Bill if passed will give landowners a pronounced say on how mineral extraction is carried out on their lands and also controls the type of would be developers interested in mining on Bougainville.

The Bougainville Mining Department as well as the Bougainville Justice Department have been carrying out widespread awareness on the issue throughout Bougainville to explain the intricacies of the Bill to Bougainville communities.

Despite being hailed as a successful attempt by the government to protect Bougainville’s interests there have been certain elements who continue to argue that the bill is a sham and designed to sell Bougainville.

Foremost amongst its critics is former Bougainville Revolutionary Army strongman Sam Kauona who claims that the Bill lacks certain details that safe guard Bougainville from being exploited again.

But a different sentiment was echoed by Mr Kauona’s former comrades who claimed ownership of the government and in this light respected the ABG’s intent on passing the Bill.

Spokesman for the ex-combatants, Cornelius Solomon said the government has done everything to thoroughly explain to the people the new Bill and how it will greatly regulate the extractive industry on Bougainville.

Cornelius Solomon on behalf of excoms affirms ABG support

“We cannot continue to undermine the government for it is the very thing that we fought and died for, doing so only renders the purpose of our struggle moot,” Mr Solomon said.

Mr Solomon said that the ex-combatants were all behind the government and would not resort to creating instability within the region.

President Momis and his government also expressed their gratitude to the ex-combatants for taking the initiative to recognize the ABG’s efforts to act in the best interest of the people of Bougainville.

The Bill will be tabled sometime this week in the Bougainville House of Representatives as the members prepare to sit for the final sitting of the ABG second house since coming into office in 2010 before if goes to the polls in May.

 

Mar 3 2015

Bougainville Education News : Bougainville schools can win Laptop and Kindle in essay competition

Bougainville Education News :Essay competition is an opportunity for students to have their say about the Bougainville’s future

Please share with your schools and networks

2014-05-26 12.56.40

A new essay competition for secondary and high school students in the Autonomous Region of Bougainville will provide youth with an opportunity to have their say about the future of the region.

Revised Closing date Friday 13 March 2015

The topic

“Is having a vote enough? What are citizens’ responsibilities in promoting and upholding democracy?”

aims to engage youth in discussion and what they see for their own future as Bougainvilleans.

Sponsored by the Australian High Commission in Papua New Guinea, the competition offers a laptop computer as a first prize.

The secondary and high school that the winning student attends will receive a Kindle (Can hold up to 1,400 books) from the Arawa based Bougainville E-reader Education Revolution Project that currently has 55 Kindles being distributed to 11 schools throughout Bougainville. SEE WEBSITE

Entries are open now and close on Friday 13 March 2015

The essay competition is open to all high school and secondary school students in Bougainville. Essays are to be 600 – 1000 words.

Entries can be mailed or submitted in person to the Australian High Commission Buka Office, Tsirin Motors Building, Haku Street, Buka or emailed to Public-Affairs-PortMoresby@dfat.gov.au

photo (5)

Bookgainville Project on Bougainville PNG

Jan 15 2015

Bougainville Mining News: Does Bougainville mining law open doors to corporate predators

 renzie-and-zues-2

Picture: Renzie Duncan is a mining executive who has run companies like Zues Minerals

This week Papua New Guinea Mine Watch (PNGMW) published an article questioning the motives of Adam Smith International, the company contracted by the World Bank to draft Bougainville’s new mining law (available here). According to PNGMW Adam Smith International (ASI) works for big business interests, and has harmed indigenous communities across Africa and Asia.

PNGMW claimed ASI’s friends like Renzie Duncan in the corporate world were delighted by the new Mining law pointing to his recent post this week in the popular Bougainville Forum on Facebook ,where he expressed his delight at ASI’s handiwork.

At no stage does he declare his past or current involvement in Bougainville mining (see New Dawn article below)

renzie-duncan-mining-act

Renzie Duncan is a mining executive who has run companies like Zues Minerals, a miner which PNGMW understands has been used by the Chinese government to obtain access to mineral deposits in the Pacific region

renzie-and-zeus-1

 

Renzie Duncan activities on Bougainville came to light back in June 2014 in a NEW Dawn Report

 ME’EKAMUI’S MIRIORI CHALLENGED TO BE HONEST ABOUT MINING

President of Bougainville, Chief John L. Momis, has challenged “Me’ekamui Government’s” Philip Miriori to be honest about Bougainville mining issues. He was responding to a statement saying discussions about mining can happen only after the referendum on independence, and calling for Australian advisers to “go home”.

President Momis said:

“It’s amusing to see Mr Miriori say mining can happen only after the referendum. For it’s widely known in Bougainville just how deeply involved Miriori is already involved in mining. It was he who worked closely with the Americans involved in Tall J Foundation Ltd.

That company tried to do industrial mining of gold on the tailings on the Jaba River. But the people chased them away. Then a Chinese investor in Tall J. tried to get his lost money back by bringing in Chinese to gather and sell scrap metal from Panguna.

Then there is the Australian, Ian Renzie Duncan, at different times involved with Australian mining companies Zeus Resources and Transpacific Ventures.

It was he who wrote Mr Miriori’s speech delivered when Prime Minister O’Neill visited Panguna. It’s widely talked about in central Bougainville that Miriori is investing with Mr. Duncan, and that Duncan is taking alluvial gold supplied by Miriori.

“These are just a few of the mining interests that Mr. Miriori is involved in. It’s these and other mining interests that have take him off so regularly to meetings in Cairns, Brisbane, Perth, Singapore, and other business tourist destinations.

Everyone around Panguna knows one thing for sure: no other Me’ekamui President has done more foreign travel than Miriori!

“But with all his deep involvement in mining already, how can he talk about decisions on mining waiting until after the referendum? I challenge him to be honest about his long history of mining interests.

“I also challenge him to be equally honest about foreign advisers. He says Australian funded advisers are not welcome. But these advisers have all been requested by the ABG to help us fill in gaps and weaknesses in the Administration.

Although Australian funded, many are not Australian. They include Bougainvilleans.

Until recently our legislative drafting adviser was from Vanuatu. Our Policy Adviser was from Bermuda – all paid for By Australia.

“For the ABG, the two most important things about our advisers are these.

First, we only have them when we have a gap we cannot fill with a Bougainvillean.

Second, they must follow the directions of the Bougainville Government. I am absolutely confident that they do that. They do not control the ABG.

They are not here to make money for foreign companies. “I challenge Mr. Miriori to tell us about his foreign advisers, and what they are doing to make money for foreign interests. They included two Americans with the Tall J Foundation, Stewart Sytner and Thomas Megas.

There are documents freely available on the Internet that show they claim that Mr. Miriori sold them mining rights in areas to the north of the Panguna Special Mining Lease. I challenge him to tell us is what Sytner and Megas claim is true.

What about the other investors in Tall J? What advice did they give to Miriori? What about the Tall J investor who brought in the Chinese scrap metal dealers? What advice did he give?

What about the advice that Mr. Ian Renzie Duncan gives? “Mr. Miriori is not being honest about the future of mining. His hands are not clean in relation to mining. “Mr. Miriori is not being honest about foreign advisers. Again his hands are not clean. “I challenge him to be honest on these matters. I challenge him to enter these debates only when he has clean hands.

Dec 11 2014

Bougainville Mining News: Momis tells PNG PM O’Neill “Panguna mine decision a matter for Bougainville

O amd M

“I have today sent a letter to the Prime Minister reminding him that Bougainvilleans are deeply concerned about the future of mining in Bougainville, and determined to control it themselves, through the ABG.

The letter is attached to this statement. DOWNLOAD Momis – O’Neil re MGU Visit – Nov 2014

Download Minutes of meeting Minining Bougainville Minutes Page 1 and 2

MOMIS TO O’NEILL: PANGUNA MINE DECISIONS A MATTER FOR BOUGAINVILLE

President Momis said today that he was deeply concerned that Prime Minister O’Neill wants the National Government to control future mining at Panguna.

On Thursday 9th October the Prime Minister held a three hour meeting with a team form the ‘Me’ekamui Government of Unity’ (‘MGU’). The meeting was arranged by the office of the Member for Central Bougainville, Hon. Jimmy Miringtoro.

The President said that the Autonomous Bougainville Government (ABG) has obtained minutes of matters discussed at that meeting, prepared by the ‘MGU’ team. The Minutes (attached to this statement) report the Prime Minister as saying:

‘Ok Tedi is your model to help you with mining in the future’; and

‘We have given the Western Province 20% ownership of Ok Tedi’; and

‘I will give 35% to Bougainville in any mining in the future’.

The President said:  “The Bougainville Peace Agreement (BPA) states clearly that the main goal of Bougainville’s autonomy is to ‘empower Bougainvilleans to solve their own problems, manage their own affairs and work to realize their aspirations’.

Because of our experience of mining, mining was in the first set of powers that the ABG requested to be transferred from the National Government. “I told him that the idea of the National Government operating mining at Panguna (or anywhere else in Bougainville) is completely unacceptable to Bougainville.

Any attempt by the National Government to control mining in Bougainville could cause Bougainvilleans to lose all faith in the BPA. Many would refuse to work with the National Government any more.

They would want immediate independence. It would be a recipe for undermining, perhaps even destroying, support for the BPA. “I met with the Prime Minister on Friday 3rd October (just six days before your meeting of 9th October) and again on Tuesday 18 November. Both meetings discussed the Prime Minister’s views about Bougainville.

Yet he made no mention in either meeting of the views he expressed to the MGU team on 9th October. “He must explain why he can express such dangerous proposals to the MGU, and refuse to discuss them with me.

Is he trying to divide the people of Bougainville?“If such views were expressed by the Prime Minister, they clearly have serious potential for undermining relationships between the ABG and the National Government.

“In the interests of maintaining a working relationship between your Government and mine, it is essential that the Prime Minister clarify his position on these issues.”

“I have today sent a letter to the Prime Minister reminding him that Bougainvilleans are deeply concerned about the future of mining in Bougainville, and determined to control it themselves, through the ABG. The letter is attached to this statement.

“This meeting was arranged by the office of Mr. Jimmy Miringtoro. The minutes indicate Mr. O’Neill wants the National Government to control mining at Panguna in the same way it manages Ok Tedi.

Other information available to me indicates that the Prime Minister also told the MGU group that the National Government proposes to purchase Rio Tinto’s shares in BCL to allow to control Panguna mining.

 

AUTONOMOUS BOUGAINVILLE GOVERNMENT

OFFICE OF THE PRESIDENT

 

Hon. Peter O’Neil MP                                                                                2 December 2014

Prime Minister of Papua New Guinea

Office of the Prime Minister

Morauta Haus

Waigani, NCD

 

My dear Prime Minister,

I have been advised that on Thursday 9th October you held a three hour meeting with a team form the ‘Me’ekamui Government of Unity’ (‘MGU’), organised through the office of the Member for Central Bougainville, Hon. Jimmy Miringtoro, and attended by his Press Secretary, Mr. Chris Baria. Minutes (two pages) from that meeting, apparently prepared by the ‘MGU’ team, have been provide to my Government. They are attached to this letter.

You will perhaps be aware that this meeting, and the views reported by the ‘MGU’ team to have been expressed by you have caused great consternation to many Bougainvilleans. In the Minutes you are reported as saying:

‘John Momis is going ahead of me with important issues – PNG can’t allow that’.

Issues about ownership of Panguna land and resources, and the future of large-scale mining there, were a focus of the meeting. The Minutes report you as saying:

In this context you are reported as saying that you believe that mining powers and functions have not been validly transferred to the Autonomous Bougainville Government (ABG) and that the Bougainville Mining (Transitional Arrangements) Act 2014 is invalid.

‘Ok Tedi is your model to help you with mining in the future’; and

‘We have given the Western Province 20% ownership of Ok Tedi’; and

‘I will give 35% to Bougainville in any mining in the future’.

I also understand that you suggested to the MGU group that they should consult with me and my Government about the issues that you discussed with them. While I welcome that advice, I have grave concerns about the above your reported views. Amongst other things:

I understand that in this context you proposed that the National Government purchase shares held by Rio Tinto in BCL and control future mining operations at Panguna, similar to arrangements with Ok Tedi.

Given the various decisions made since January 2008, jointly between the National Government and the ABG (through the Joint Supervisory Body), about the transfer of mining powers to the ABG, and the multiple efforts made by the ABG to consult the National Government about development of the Bougainville Mining (Transitional Arrangements) Act 2014, it would be a matter of the gravest concern if you did in fact express the reported views concerning the transfer of mining powers and the Bougainville Mining (Transitional Arrangements) Act 2014.

There are few issues of greater sensitivity to Bougainvilleans than those concerning the future of mining in Bougainville. A key goal of autonomy recorded in clause 4(b) of the Bougainville Peace Agreement(BPA) is to ‘empower Bougainvilleans to solve their own problems, manage their own affairs and work to realize their aspirations’. In the light of Bougainville’s experience of mining, it is no coincidence that the first set of powers that the ABG requested to be transferred included mining

Bougainvilleans regard it as essential that all decisions about future mining be made by the ABG, on behalf of all Bougainvilleans. The concept of the National Government operating mining at Panguna (or anywhere else in Bougainville) – whether on a basis like Ok Tedi or on any other basis – is completely unacceptable to Bougainville

Any attempt by the National Government to control mining in Bougainville could cause most Bougainvilleans to lose all faith in the BPA, and to refuse to work with the National Government any more. Many would want to seek immediate independence. It would be a recipe for severely undermining, perhaps even destroying, support for the BPA.

I met with you in Port Moresby on Friday 3rd October (just six days before your meeting of 9th October) and again on Tuesday 18 November.

In both meetings our discussion focused on your views about issues concerning Bougainville. Yet you made no mention at all in either meeting of the views you advanced in the meeting on 9th October.

It is difficult for me to understand how you could have been unwilling to discuss with me the views you are reported to have stated to the ‘MGU’ team on such important, sensitive and potentially divisive issues.

If such views were expressed, they have serious potential for undermining relationships between the ABG and the National Government.In the interests of maintaining a working relationship between your Government and mine, it is essential that you clarify your position on the matters raised in this letter, and that you do so as a matter of urgency.  

 

Dec 4 2014

Bougainville Mining News: Momis continues “ethic” attack on Australian research

JM PO

“Jubilee Australia claims to be a body undertaking ‘scientific research’. Any scientific research body must adhere to strict ethical standards when planning, carrying out, and reporting on its research.

“Jubilee and its partners were researching sensitive issues in Bougainville’s complex post-conflict situation. The research, and Jubilee’s report, involve serious risks, not just for those being interviewed, but for the wider Bougainville community. By taking sides on complex, divisive issues, Jubilee has added to sources of division and conflict

President Momis raising new issues about Jubilee : Pictured above with PNG PM Peter O’Neil on a visit to Panguna earlier this year

We welcome your comments (see below)

MOMIS QUERIES JUBILEE AUSTRALIA’S RESEARCH ETHICS

The President of the Autonomous Bougainville Government (ABG) has raised new questions about research about Bougainville undertaken by Australian NGO, Jubilee Australia. Jubilee’s report was released in Australia in September.

On the basis of interviews with just 65 people selected because they opposed resuming mining at Panguna, Jubilee claimed that the Panguna mine affected communities as a whole were also opposed to mining. But as President Momis has pointed out, there are between 10,000 and 15,000 people in those communities, a majority supporting resumption of mining.

BOUGAINVILLE MINING LEGISLATION AND REGULATIONS DEVELOPMENT

Presentation to the people of Bougainville

Download Here

BOUGAINVILLE Policy Act and Regulations Presentation to landowners

In a series of three letters to Jubilee in September, October and November, President Momis has criticised the report. He questioned research methodology used, false claims made on the basis of interviews with a tiny selected group of opponents of mining, many serious factual errors in the report, and the track record of opposition to BCL and Rio Tinto on the part of Jubilee Australia’s research partners, Kristian Lasslett and the Bismarck Ramu Group.

The President was especially critical of Jubilee’s failure to at any time communicate with the ABG or Panguna landowner associations about the research – failing even to seek ABG views on a draft of the report before it was published. He agreed with an Australian academic who criticised Jubilee as involved in advocacy, not research.

Today President Momis raised new issues about Jubilee and its research. He said:

“Jubilee Australia claims to be a body undertaking ‘scientific research’. Any scientific research body must adhere to strict ethical standards when planning, carrying out, and reporting on its research.

“Jubilee and its partners were researching sensitive issues in Bougainville’s complex post-conflict situation. The research, and Jubilee’s report, involve serious risks, not just for those being interviewed, but for the wider Bougainville community. By taking sides on complex, divisive issues, Jubilee has added to sources of division and conflict.

It has undermined the carefully considered efforts of the democratically established ABG to build consensus amongst divided Bougainvilleans on the difficult issues involved in choices on mining.

“If Jubilee had been adhering to proper ethical research standards, they would not have intervened in this complex situation, and taken sides. They would not have rejected having any form of communication with the ABG and landowner associations.

“Jubilee Australia’s website claims that their research program is overseen by a Research Centre Advisory Committee comprising ‘leading Australian academics’, which they say strengthens Jubilee’s ‘capacity for rigorous, academic based research’. Such a Committee should surely play the most important role of setting and overseeing Jubilee’s research ethics.

“But it now emerges that a member of that six member Advisory Committee who had extensive knowledge of PNG was never informed by Jubilee about the research. This fact may help explain Jubilee’s use of badly flawed research methodology. It raises serious questions about how Jubilee ensures that its research adheres to the highest standards of research ethics expected of a ‘scientific research’ body.

“I have today written to Jubilee’s Board, asking when they will respond to the issues raised in my two most recent letters to them about their report (dated 26 October and 2 November). But in addition I have raised serious questions about how Jubilee ensures that proper standards of research ethics are met, so that its otherwise well-intentioned work does not descend into advocacy of particular unsubstantiated viewpoints.

“I have further asked how Jubilee can be held accountable in terms of their ethical standards. Jubilee is an Australian NGO working on international development issues. Most such NGOs are members of the Australian Council for International Development (ACFID), which administers a complaints process that can handle queries about NGO research ethics.

“But from the list of members appearing on the ACFID website, it appears that Jubilee is not a member of ACFID. If so, the ABG cannot seek to hold Jubilee accountable through ACFID. I am questioning Jubilee’s board as to whether it is open to being held accountable by independent bodies.

“I have further asked Jubilee to advise whether any non-citizens who have been in PNG at any time to undertake this research have held the research visas required under PNG law.

President Momis concluded:

“The ABG welcomes thorough research, and well-informed criticism. But it expects outside research bodies, in particular, to observe the highest standards and principles. In this case, there are grave doubts about many aspects of what Jubilee has done.

“Further, Jubilee has shown little willingness to be in communication with the democratic government of Bougainville. Their one communication with us in the more than two years they have been doing their Bougainville ‘research’ was a letter in late October stating that my criticisms of their report were ‘without basis’. I now call on Jubilee’s Board to engage with the ABG in relation to the serious questions that we are asking, both in today’s letter, and my letters of October and November.”

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Nov 20 2014

Bougainville Education News :Essay competition is an opportunity for students to have their say about the Bougainville’s future

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A new essay competition for secondary and high school students in the Autonomous Region of Bougainville will provide youth with an opportunity to have their say about the future of the region.

Revised Closing date Friday 13 March 2015

The topic

“Is having a vote enough? What are citizens’ responsibilities in promoting and upholding democracy?”

aims to engage youth in discussion and what they see for their own future as Bougainvilleans.

Sponsored by the Australian High Commission in Papua New Guinea, the competition offers a laptop computer as a first prize.

The secondary and high school that the winning student attends will receive a Kindle (Can hold up to 1,400 books) from the Arawa based Bougainville E-reader Education Revolution Project that currently has 55 Kindles being distributed to 11 schools throughout Bougainville. SEE WEBSITE

Entries are open now and close on Friday 13 March 2015

The essay competition is open to all high school and secondary school students in Bougainville. Essays are to be 600 – 1000 words.

Entries can be mailed or submitted in person to the Australian High Commission Buka Office, Tsirin Motors Building, Haku Street, Buka or emailed to Public-Affairs-PortMoresby@dfat.gov.au

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Bookgainville Project on Bougainville PNG

Nov 10 2014

Bougainville News: “Large-scale Mining and Risks of Conflict Recurrence ” new research

 

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Abstract Research on conflict resolution suggests that the significant risk of conflict recurrence in intra-state conflicts is much reduced by political settlements that ‘resolve the issues at stake’ between parties to the conflict, and that in conflicts involving grievances about distribution of natural resource revenues, such settlements should include natural resource wealth-sharing arrangements.

DOWNLOAD: Bougainville :Large-scale Mining and Risks of Conflict Recurrence  here ANU Regan Bougainville Research

Author: Anthony J. Regan (see Bio Below)

This article shows that the Bougainville conflict origins involved far more complexity than natural resource revenue distribution grievances, and that the conflict itself then generated new sources of division and conflict, the same being true of both the peace process and the process to implement the Bougainville Peace Agreement (BPA).

As a result, the BPA addresses many more issues than natural resource-related grievances. Such considerations make it difficult to attribute lack of conflict recurrence to particular factors in the BPA.

While the BPA provisions on wealth-sharing address relations between the Papua New Guinea National Government and Bougainville, moves by the Autonomous Bougainville Government to explore possible resumption of large-scale mining has generated a new political economy in Bougainville, contributing to new tensions amongst Bougainvilleans.

Research Conclusion

On the basis of this case study of Bougainville, I conclude that natural resource distribution issues were a significant factor, amongst many others, in the origins of the conflict. In addition, it was a factor that aggravated many other factors.

Moreover, many other divisions, sources of conflict and actual conflicts developed as a consequence of the dynamics of not only the conflict itself, but also of the peace process, and the process of implementing the BPA. Indeed, the tensions developing over mining related issues since 2005 are emerging as part of the dynamics generated by implementing the BPA.

These are largely tensions internal to Bougainville. As a result, there is limited utility in the natural resource revenue distribution arrangements in the BPA, developed mainly to respond to the contribution of natural resource distribution issues to conflict between Bougainville and PNG. On the other hand, natural resource distributions certainly were a significant source of conflict both between PNG and Bougainville, and amongst Bougainvilleans.

It was entirely reasonable for those negotiating for the BPA to include provisions intended to respond to the issues that had divided PNG and Bougainville in the 1980s, by giving the ABG power to determine mining policy and law for Bougainville, and to receive the major part of mining revenues. But it was too difficult for them to tailor arrangements in 2001 that could realistically respond to natural resource distribution issues that had divided Bougainvilleans in the 1980s (mainly issues related to the inequitable distribution of the limited natural resources revenues then available to Bougainvilleans).

In giving effect to its new right to make mining policy and law, the ABG has inadvertently helped generate a new political economy in Bougainville, where new outside interests in alliances with significant Bougainvillean interests, are engaging in a struggle for a significant degree of control over resource revenues and mining powers. These developments have ensured that the main divisive issues relating to natural resource distribution are no longer between PNG and Bougainville, but are instead between Bougainvilleans (as even the outside interests have no leverage without Bougainville partners).

The Bougainvillean negotiators for BPA did not include provision on dealing with such new sources of internal Bougainville tensions related to natural resource distribution, not only because they were not anticipated, but also because it would have been virtually impossible to do that at the time.

Rather, their key assumption was that by establishing a strong and legitimate autonomous government, thereby empowering “Bougainvilleans to solve their own problems, manage their own affairs and realize their own aspirations”, and with “sufficient personnel and financial resources … to exercise its powers and functions effectively”,41 there would be a Bougainville government body capable of developing policy broadly acceptable to all interests, and of dealing with disputes between Bougainville interests when they do arise.

But at present, the ABG still has limited capacity, and developing appropriate mining policy and law takes time and resources, and implementing it effectively takes more. Some of those attacking the ABG have strong interests in the ABG remaining weak. Their increasingly strident attacks on the ABG are being made for the clear purpose of getting control of revenue and power.

There is a real political and economic struggle taking place, and the eventual outcomes are as yet far from clear. One irony here is that the ABG is seeking mining revenue in order to build the capacity needed to achieve either real autonomy or independence, when there are now risks of serious tensions and disunity that could undermine Bougainville’s prospects for achieving either goal. There are particular risks here given the ongoing presence of armed factions in Bougainville. In these circumstances, there is an urgent need for the international community and the activist community to recognise where the real tensions and dangers of conflict lie.

Whilst the current tensions concerning natural resource distribution are mainly within Bougainville, there are still possible sources of dispute between PNG and Bougainville. One concerns possible difficulties in negotiating distribution of mining and other tax revenues additional to the recurrent grant should any future large-scale mining project result in those revenues being sustainably higher than the amount of the grant. In relation to issues about the Panguna mine’s future, tensions could arise over various issues if in fact BCL were to be permitted to return, including over any move by PNG to expropriate Rio Tinto’s majority equity in BCL, and over any difference that might occur over the ABG’s entitlement to have the PNG 19.3 per cent equity transferred.

Turning, finally, to the risk of conflict recurrence in Bougainville, we can clearly set to one side the BPA provisions on mining. The real questions now concern whether a strong and legitimate ABG can emerge that can manage the many sources of tension and conflict inherent in the circumstances of post-conflict Bougainville, including those internal tensions concerning mining.

The difficulties for the ABG in managing such tensions are not small. They include, in particular, the situation of marginalised youth, as we have seen, in so many ways so similar to the situation in Bougainville in the late 1980s. The history of the conflict from 1988 demonstrates that sources of anger in such a significant marginalised group can be unleashed in unexpected ways, especially where contributed to, or aggravated, by natural resource distribution issues. Discussing two natural resource related insurgencies in Nigeria, political geographer Michael J. Watts said:

The energies unleashed among a generation of marginalized youth is astonishing; the reservoirs of anger is [sic] now very deep having been filled by the waters of resentment over many decades. That the resentments can and have been channelled into all manner of claims, aspirations and practices (complex mixtures of greed and grievance) the borders among which are labile and porous should surprise nobody.

If the struggle over control of mining in Bougainville continues, without the ABG’s authority being accepted, the outcomes will be unpredictable. All points of tension and conflict involved in or arising from this struggle are likely to be intensified by the approach of first, the ABG general election, and second the referendum on independence, and by the intersections between the political and economic struggles associated with those processes, on the one hand, with the struggles over mining.

 

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About the Author Anthony Regan is a constitutional lawyer who specialises in constitutional development as part of conflict resolution. He has worked as a lawyer, policy adviser and researcher in Papua New Guinea for over thirty years, and is currently a Fellow with the State, Society and Melanesia program at the Australian National University. Formerly an adviser to Bougainville parties during the Bougainville peace process, Anthony is now an adviser to the Autonomous Government of Bougainville. anthony.regan@anu.edu.au

 

Oct 27 2014

Bougainville Communication News: PNG to impose a cybercrime policy and mobile phone regulation

SoMe

 

COMMUNICATIONS Minister and Member for Central Bougainville Jimmy Miringtoro according to expert and technical analysis, will be the first Pacific island member of parliament to impose a cybercrime policy and mobile phone regulation.

With modern day crimes being committed using technology, it remains a threat and a grave concern for Papua New Guinea’s national security.

Republished from PNG LOOP

Speaking to PNG Loop the Minister stated things will be moving forward now for his ministry in technical terms, upgrading of systems and also imposing rules on the use of certain systems, programs and materials.

“Our main aim is to crack down on a lot of scams being done using our social networks such as Facebook and Twitter,’’  Miringtoro said. “It is now time to say no to these crimes that are being committed day to day by professional criminals.”

Miringtoro said his policy was published in both the nation’s daily newspapers and the policy was  clearly aligned with certain acts already in place. Namely the PNG Customs Act and the National Intelligence Organisation (NIO) Acts.

“In other countries these laws are already being practised, and people are abiding by it and PNG will be doing the same thing. Some people have been given a lot of freedom technology wise but they are also abusing that freedom which is bad,’’  Miringtoro said.

“For instance China being a communist nation has now banned Facebook. We’re lucky here in PNG that we’re only going to regulate it.”

Most terrorist organisations are recruiting using the internet and cyber thieves are also using the internet in order to steal from other people.

PNG will now be on a technological revolution this time to block and apprehend who ever commits a cyber-crime

– See more at: http://www.pngloop.com/2014/10/27/minister-sets-combat-cyber-crime/?utm_source=dlvr.it&utm_medium=twitter#sthash.mdIqjP0F.dpuf