Source: PNG Mine Watch

The President of ABG Honourable Dr. John Momis must be a satisfied man and now patting himself on the back after passing what will become the most obscene, despicable and abominable piece of neo-colonial legislation in the short written history of Bougainville, since the Bougainville Copper Agreement. A legislation that not only breaches the Bougainville Constitution, but throws the Autonomous Bougainville Region back into the Neo-colonial quaqmire. It has possibly shattered Bougainville's hopes to make a clean break from neo-colonial laws and mindset which holds a view that Bougainville is nothing without mining.

On Friday the 8th of August 2014, on the floor of the House of Representatives, the honourable President decimated all opposition to the bill with his usual rhetoric accusing them of backdoor deals with dubious mining companies. In a typical paranoiac manner of a dictatorial leader, he diverted the attention to the "bogey man" in the mining paddock, away from the neo-colonial niceties of his mining bill. What does the good President who lived in comfort and safety of Port Moresby know about the carnage that followed the deployment of the country's military on Bougainville, as a result of a call out order of which he is alleged to have been a signatory to, as the member of the government of the day? A call out order to protect mining interests of the very company that he now wants to bring back, to continue plundering our mineral resources. A company that has enough evidence against it to be taken to court for crimes against the people of Bougainville.

He brushed aside claims that the bill breached section 23 of the Bougainville Constitution, saying it was untrue and that it gave mineral rights back to the customary landowner. He also claimed that since his bill was written in "lawyer talk" it could not be interpreted by simple minded Bougainvilleans. This can only be likened to a parent telling his child not to touch a loaded gun. This is what the ABG is transitional mining bill is; a loaded gun that when it is enacted as a law it will shoot down everything that we held dear such as our mineral rights, our land and our environmental and cultural heritage and of course our independence and our carefree and vibrant way of life.

It might be appropriate to add here that it is not the first time that the President has revealed his lack of confidence in skills, knowledge, and the a overall ability of Bougainvilleans creative and talent people able to hold their own. During his visit to the Philippines he made a speech in which he implied that Bougainvilleans were not capable of running their own country. He went on to say that Filipinos could come and settle in Bougainville and educate Bougainvilleans. This is a clear indication that he habours a neo-colonial mindset.

In his speech the good President talks about millions it would cost an explorer to carry out exploration of minerals on a customary land. He does not care to mention the social, environmental and cultural costs to the people as a consequence of mining operations, nor how those costs would be dealt with by ABG. He failed to explain how ABG will manage, amongother things, the influx of people that will be attracted into the region like flies by promise of wealth from the mine. He also fails to explain that how Bougainville will avoid pitfalls faced in other countries that have been ravaged by mining and left with the people struggling below poverty line. If anything, the Honourable President himself seems already under heavy influence of the BCL. This is quite obvious in the lawyer talk of the mining bill which fails to cloak the fact that it is designed serve the interests of a mining company and not the people of Bougainville.

On that fateful Friday our worst fears were realized. The history of oppression, colonialism was relived then on the floor of the ABG house of representatives. For reasons known only to the good ABG President and ABG, members of ABG cabinet became K25,000.00 richer just a day before the vote on the mining bill was to be taken. A bill that will permanently change our lives and the future generations of Bougainvilleans. A better time could not have been chosen to "gift" our honourable members than a time when a vote would taken the next day, to decide how mining is done in Bougainville. Since our dear President is fond of custom, it maybe safe to say that in Melanesia the popular custom of gift-giving and making people obligated, obliterates all political opposition and brings about desired preempted outcomes.

So much for moaning and groaning about lack of cash at ABG to deliver services to our people who have been wondering if they do have a government somewhere beyond the blue or not. A K100,000 is divided among 40 members is negligible or is it?

It is a horror story when one comes to realize that the ABG as a government the people had vested their interests and life on for protection and betterment of life has no opposition benchers to debate important decisions made by the government. As we all know, the role of any opposition in a democratic government of the day, is to hold that government accountable to the public. It is tragic that this flaw means ABG is now a government and the law unto itself answerable to no one, let alone the people of Bougainville it was designed to serve. It is pathetic that such a government is bestowed powers that which can be subject to abuse in the absence of proper government opposition. Any decision, whether good or bad is likely to be passed because there is nothing between the President and the government members who will are at his mercy.

It is equally appalling to hear the ABG member for Kongara, Dominic Itta say that the ABG Mining Bill came out of the blue and that it was not circulated to members of the ABG House for perusal. The understanding was that the bill would not have been passed until September of this year. However, knowing that our good President works in mysterious ways, it had to be this time. Maybe the reason why it cannot be circulated is because it was written in "lawyer talk" and could be understood by these members and us the general public even though we are suppose to be affected by it. Regardless, let us see if this bill really needs Plato's interpretation as the good President implies.

"Section 22 of the Bougainville (Transitional Arrangements) Bill (1) Subject to subsection (3), the Bougainville Executive Council may form time to time approve one or more organizations to represent all or some of the owners of customary land referred to in subsection (2)"

So who are the "all or some of the the owners of customary land referred to in subsection 2".

(2) The owners are owners of customary land: (a) that is the subject of an application for:

(i) a mining lease, or a lease for mining purposes or a mining easement related to the mining lease, or is likely to be the subject of such an application; or

(ii) an extension of the term of a mining lease, or a lease for mining purposes or a mining easement related to the mining lease; or

(iii) any other variation approved by the Bougainville Executive Council to a mining lease, or a lease for mining purposes or a mining easement related to the mining lease; or

(b) that is adjacent to any land referred to in paragraph (a); or

(c) that can reasonably be expected to experience financial, environmental, social, cultural or other impacts should an application referred to in paragraph (a) be granted."

Here is another section that confirms the fears of the people of Bougainville: 212.

SPECIAL MINING LEASES.

(1) This section applies to a special mining lease granted, renewed or continued in existence under the Mining Act 1992 or any other law in respect of land situated in the Autonomous Region of Bougainville and in force immediately before the commencement of this Act.

(2) On and after the commencement of this Act: (a) the special mining lease ceases to be in force; and

(b) the company that was the holder of the special mining lease immediately before the commencement of this Act becomes by force of this section the holder of an exploration licence within the meaning of this Act in respect of the area to which the special mining lease applied.

(3) The company referred to in subsection (2) may apply under section 70 for the grant of one or more mining leases.

(4) To avoid doubt, section 66 applies to the grant of a mining lease.

The company, that is owner of Special Mining Leases (SMLs) meaning BCL, as Subsection (2) (b) states, can apply for one or more mining leases. Of course this does indicate that our poor President has been told that it is "the only company" in the world able to clean Bougainville of its mineral wealth properly". It is the only company that can leave the people in rags living in a moonscape created by the company under the auspice of the ABG mining bill, described by its creator President Dr. John Momis as the greatest mining bill in the world.

Just how much more pain, suffering and humiliation are our people to be subjected to by the government that serves foreign interests. Subsection (1) states "all or some of the owners of customary land". This is a very dangerous assumption that can fall victim to corruption and favouritism much like the old "legitimate/recognized" Panguna Landowners Association which was disputed by Francis Ona and his cousin Perpetua Serero. The reason for this dispute is that it failed to meet its expectations of pushing for equitable share of benefits from the mine.

The Autonomous Bougainville Government has failed to deliver what it was designed to deliver. It has neglected other important economic sectors due to its obsession with mining and BCL. There are no programmes to develop the cocoa and coconut industry to the next level, that is manufacturing and direct exports instead of going through Rabaul. There is no coastal vessel to take our goods to market overseas and to bring in supplies. Leaders are either so gullible or driven by self-interest and hunger for wealth. Moreover design flaw in ABG that does not allow for opposition gives the President total control over it.

The views expressed by the people of Bougainville are that this Mining bill should be done away with and a separate stand alone bill be introduced with more input from the people who will be affected by it. Secondly, before BCL's return can even be considered, it should deal with the basic grievances of the associated with its operations and activities at Panguna. currently, the people of Bougainville are looking at taking BCL to court for war crimes against them based on the extensive evidence available on record. No mining bill should be tabled in ABG until wider consultations have been carried out to guage the views of the people of Bougainville. Even after that no mining should take place until terms and conditions set down by the people under a standalone mining bill that reflects clean break with mining laws of the past, are drawn up.