http://www.radioaustralia.net.…islation-and-more/1099044
The legislation is the first in the world to see landowers
share sub-surface mineral rights with their government and the
legislation also allows them to veto exploration.
Bougainville President John Momis explains in this in-depth interview.
Presenter: Jemima Garrett
Speaker: John Momis, President of the Autonomous Government of Bougainville.
MOMIS:
The underlying philosophy for our new Mining Act is empowering people,
giving people the power to make political decisions about development
not just being mere passive recipients of benefits. That is a very
important underlying philosophy that motivates us to move on the new
mining act. A lot of people just see development as providing services
and giving people benefits of development but not actually involving
them as major stakeholders in the process of decision-making and the
process of governance. Therein lies the difference between our mining
act and the Papua New Guinea government Mining Act.
GARRETT: This sharing of mineral rights between the government and landowners is a world first. Will it actually work?
MOMIS:
Well, we believe so. In our cultural context, resources, land, sea,
minerals belong to the people, in fact that disagreement with the
colonial law and the Australian government and Rio Tinto at the very
beginning of the inception of the talks to develop Panguna mine, later
on led to the crisis. You know the Australian government and Rio Tinto
in their zeal to generate revenue completely ignored the peoples' way of
doing things so we want to get to the root cause of the problem and
address the root cause by empowering people. So the ownership of the
resources by the customary landowners is by tradition belong to the
people and we are recommending in our new proposed bill that the ABG
which represents the rest of the population in Bougainville, because of
the bloodshed during the crisis in the rest of Bougainville in defence
of customary rights, must also be a joint owner in the resources.
GARRETT:
What will this legislation mean for Rio Tinto's existing Panguna mine
on Bougainville, a mine it is hoping to re-open? Does Rio Tinto need to
be worried?
MOMIS: I don't think so. What we are saying is that
the resource no longer belongs to the state it belongs to the people and
to their own government, that is the ABG. Rio Tinto will have to deal
with us. We are the only legitimate authority with respect to mining in
Bougainville.
GARRETT: How will the new legislation work on Rio
Tinto's Panguna mine if there is a small minority of landowners who do
not agree that the project should go ahead?
MOMIS: Yes, our
proposed bill gives the landowners the right to veto, veto any
exploration which they so believe that the developer and the government
are not doing the right thing. They also have the right to object once a
development process begins after exploration should the developer and
the government decide to go ahead with development. And the landowners
also have the right to object and that puts a stop to the process and
then we have to sit down and work out why other landowners say 'no'
instead of what the Australian government did before, it just didn't
want to listen. Had they listened the Panguna mine would not have blown
up in their face. So we are looking at the fact that the landowners, the
resource owners must be major stakeholders in the decision-making. They
must be given power. They are not just side, onlookers. So that doesn't
mean that the ABG, the government of the people of Bougainville, of
course, has the ultimate authority, to issue licences and so on and so
forth but it cannot do it in isolation of people's involvement in the
process, in isolation of people's concerns and grievances. It must
address them. There must be legitimate, meaningful consultation and not
post facto consultation.
GARRETT: So as the legislation stands,
landowners have a veto on exploration but not on mining itself. If there
is a problem there is this discussion process. Is that correct?
MOMIS:
They have the right to object which means the process cannot go ahead
unless and until their grievances are addressed in the Bougainville
mining development forum by the developer, their government, that is the
ABG, and the affected landowners.
GARRETT: Some of the
ex-combatants who are landowners from the Panguna mine are involved with
companies that are mining the old tailings from the Rio Tinto site. To
what extent is that driving opposition to Rio Tinto re-opening its
operations on Bougainville?
MOMIS: Some of these ex-combatants,
which are doing a bit of mining, which is illegal, will have to abide by
the new mining law hence the importance and the urgency of the new
mining law coming into existence. We could wait until all the 't's are
crossed and the 'i's are dotted. Now we are saying let's cross the
bridges as we come to them. Hence the urgency the importance to have a
mining law now in order to enable the ABG to take control of the
situation and citizens of Bougainville must abide by the laws of their
own government.
GARRETT: There are also a number of small mining
companies such as the Canadian company Murumbi, that are going around
telling landowners that they - the landowners have an exclusive say and
they are signing up exclusive exploration deals. Is that a problem as
far as you are concerned?
MOMIS: They are a big problem. Again
that is another reason why we have to have our own mining law, mining
regime, put in place quickly so we can take control of the situation.
ABG is the legitimate government. As you know we are in a post crisis
situation, and like all post-war situations law and order is a problem.
Our law enforcement agencies are not effective, people think they can do
whatever they want to do and that is not right. The government, the ABG
is committed to democracy, we are committed to the rule of law, we are
committed to sustainable development and democratisation. That is why we
have got to have laws that are fair and just and will protect the
interests of the landowners as well as the interest of the common good,
that is the interests of the rest of Bougainville. And people like
Murumbi, whilst we recognise the right of customary landowners over
their resources we are also saying only the government, that is the ABG,
has the exclusive right to issue licences and control such things as
who gets the benefits. There must be equitable distribution. We must not
disadvantage those who are affected by the detrimental impacts of the
mine like adjoining groups of people who are not in the mining area but
who are detrimentally affected by the development and that is why we
cannot allow and we must not allow anybody to act outside of the
jurisdiction of the government and the law.
GARRETT: So what is your message to the companies that are going around and signing these sorts of deals with landowners?
MOMIS:
My message is that they must forthwith stop. That what they are doing
is illegal. There is a moratorium imposed in Bougainville and at the
moment without our law being enforced the national government is the
only legitimate authority to breach the moratorium. Once our law comes
into force then the ABG will then be the legitimate authority to lift
the moratorium. Without lifting the moratorium, anybody doing
exploration, or who thinks he's doing exploration, and intends to do
mining is acting illegally and acting against the best interests of the
people of Bougainville.
GARRETT: The Autonomous Government of
Bougainville's share in any mining venture will be held on behalf of the
people of Bougainville, and that is a result of the bloodshed and
recognises custom ways of doing things. How will that work exactly?