Tag Archives: Caballus Mining

Bougainville: Australia positions itself as chief new coloniser ahead of referendum

The controversial Panguna mine which land holders are fighting to stop being re-opened for foreign profiteers.

Susan Price | Green Left Weekly | June 14, 2019

A spokesperson for the Bougainville Hardliners Group has called on the Autonomous Bougainville Government (ABG) to explain why the Australian Federal Police (AFP) were at the controversial Panguna mine site in central Bougainville on June 5.

AFP officers were seen taking GPS readings at the abandoned copper mine site. James Onartoo, a former leader of the Bougainville Revolutionary Army, said the community has a right to know why they were there and what they were doing.

“I think the public is owed an explanation as to what is happening,” said Onartoo. “To the best of my knowledge the AFP were ousted in 2007 on suspicion of spying on the ABG and the people of Bougainville by the former President, late Joseph Kabui.”

He suggested that their presence could be linked to the mine’s controversial reopening.

“Their presence at Panguna, which is the site of so much controversy and disagreements plus issues of sensitive nature stemming from proposed reopening by ABG, raises serious questions considering the fact that, in the past, Australia has always supported military intervention by the Papua New Guinea Defence Force to regain control of the mine.”

Onartoo said if the AFP can raid the ABC, “they are capable of anything”, including gathering intelligence “for the purpose of regaining control of Panguna and restarting the mine with use of force”.

The June 11 ABC Radio Pacific Beat said the AFP confirmed that members from the Papua New Guinea-Australia Policing Partnership did visit the site to “undertake an assessment of capability development for support to the Bougainville Police Service”.

Onartoo said Australia’s interest in the mineral deposits at Panguna has never declined. He has criticised Australia’s advice that the ABG prioritise mining over agriculture, tourism, fishing and other sustainable industries.

Several companies, including of Australian origin, are vying to reopen the Panguna mine, which was shut down in 1990 after a brutal battle against mostly indigenous landholders who received none of the huge profits generated by the mine. More than 20,000 people were killed during the 10 year civil war.

The Bougainville Hardliners Group has been actively resisting attempts by the ABG to weaken the Mining Act to give foreign companies exclusive rights to large-scale mining. It opposes further large-scale mining in the autonomous Papua New Guinea region, saying the focus should be on sustainable alluvial mining.

Bougainville is scheduled to hold its independence referendum in October under the terms of the 2001 peace agreement. The referendum outcome then has to be ratified by the PNG parliament.

The ABG has expressed its desire to reopen the Panguna mine.

Legislation to amend the Mining Act is currently being debated in the PNG parliament. According to landowners, the proposed amendments would effectively remove customary ownership of minerals and remove landowners’ veto rights over mining projects.

Onartoo has said that Bougainville’s 350,000 people do not need large-scale mining, and that the changes being proposed are in breach of sections 23 and 24 of Bougainville’s constitution as well as the Mining Act which provides protection from a repeat of “the ownership of minerals on the island by colonisers”.

A report by Papua New Guinea Mine Watch in January said Australian businessperson Jeffrey McGlinn of Caballus Mining is pushing for the act to be amended. A Radio New Zealand report said McGlinn “wanted to shortcut a number of what it calls complicated requirements in the act to fast track vital infrastructure development in Bougainville and boost employment ahead of the referendum”.

However, other reports suggest that he is more focussed on seizing control of major mineral deposits across Bougainville ahead of the referendum.

The Osikaiyang Landowners group has referred the government’s mining plans to the Papua New Guinea Ombudsman.

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Filed under Australia, Bougainville, Financial returns, Human rights

B’ville Mining Changes For Benefit Of Caballus Mining

Philip Miriori and the SMLOLA are not happy with proposed changes to Bougainville’s Mining Act (ABC News: Eric Tlozek)

Post Courier | June 13, 2019

As the Caballus/McGlinn deal comes under intense scrutiny and criticism, the pressure is on Bougainville’s Department of Mineral and Energy Resources.

Philip Miriori, chairman of the Panguna Landowners Association (SMLOLA) said the department head now has to justify the deal, as it has been exposed for what it is.

He said the department head now claims that the proposed mining changes are not designed and targeted to favour anyone.

“This is even though the department head acknowledges in writing that McGlinn’s lawyer was involved in the drafting of the proposed Bills to change the Bougainville Mining Act.

“The Caballus/McGlinn presentation to the ABG specifically demanded all these changes to the BMA as a condition precedent to his purported investment, and which they are now trying so desperately to deliver.

“It is completely absurd to claim the amending legislation is not designed and targeted to favour Caballus… when Caballus even ends up with a 40 per cent free interest, while also admitting Caballus/McGlinn cannot develop Panguna,” he said.

The landowner’s who now enjoy freehold ownership of the minerals and an array of other protection, will lose everything and become subservient to those in question if this new law is passed.” said Mr Miriori.

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MPs call for delay on Bougainville mining amendment

Radio New Zealand | 12 June 2019

A Bougainville parliamentary committee wants controversial legislation on mining to be delayed until after the autonomous Papua New Guinea region’s independence referendum.

The Bougainville government wants to amend the Mining Act, and two other bills, to give it greater control over mining activity.

The autonomous government said these changes would give landowners more control over their resources but there has been widespread opposition across Bougainville.

The plan to set up a company called Bougainville Advance Mining in association with newly set up Australian business, Caballus, sparked an outcry.

The Speaker of the ABG Parliament referred the matter to a Committee on Legislation, which undertook public consultations, before reporting back this week.

The committee says the Mining bill raised a lot of issues around landowners’ rights.

It worried about the creation of monopolies and the impact of the bills on the Constitution and the Peace Agreement.

It said all three measures needed further consultation before being re-drafted and submitted after October’s referendum.

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Caballus Deal Is ‘Smoke And Mirrors’

Jeff McGlinn of Caballus Mining giving a presentation in Bougainville

Post Courier | June 11, 2019

The McGlinn Caballus presentation to the Autonomous Bougainville Government totally contradicts the Bougainville Mining Minister’s recent statement that appeared in the Post-Courier (May 7, 2019) that Bougainville Advance Mining Limited, is not McGlinn’s Caballus.

The original draft bills introduced to the House of Representatives and sponsored by the Bougainville Mining Minister Raymond Masono, specifically referred to Bougainville Advance Mining Limited.

Searches of the Registry of Corporate Affairs in the British Virgin Islands confirms that the Bougainville Advance Mining Limited was approved for incorporation on August 8, 2018, and the Certificate of Incorporation was issued and dated August 9, 2018.

The incorporation certificate confirms the BVI Company Number for Bougainville Advance Mining is 1988673.  The directors and shareholders were not disclosed.

The off shore company is incorporated by Intershore Consult (BVI) Ltd.

Their web site interestingly states that Intershore is a wealth management firm specialising in tax planning, virtual offices and nominee services, among other things.

Philip Miriori, the chairman of the Panguna Landowners Association – the Special Mining Lease Osikaiyang Landowners Association (SMLOLA) asked the question, as to why is the Mining Minister Masono now trying to hide the fact that Caballus is behind Bougainville Advance Mining Limited?

“Everyone knows this is a McGlinn incorporated shelf company and the Autonomous Bougainville Government (ABG) has undertaken to give McGlinn 40 per cent in this entity and Panguna for free.

“The ABG has told everyone including our ABG MPs for months this.

“While the BEC – Special Meeting No.2 of 2019, Decision No.3 of 2019, dated January 28, 2019, confirms the BEC formally endorsed the assent of the bills and the issuance of a Special Bougainville Mining License to Bougainville Advance Mining Limited in respect of the whole of Bougainville.

“Similarly, the Bougainville Executive Council special meeting No. 1 of 2019 dated January 24, 2019, recorded the formal approval of Bougainville Advance Mining Ltd (BAM) for the purpose of carrying out all mining activities in Bougainville, approved the establishment of BAM.”

SMLOLA advisor Lawrence Daveona also chimed in to say that it is totally unacceptable to be trying to steal Panguna from the customary owners.

And further transfer Panguna to this highly secretive off shore BVI entity. “This Caballus deal is smoke and mirrors.” he added

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Mining Subject To B’ville Govt

Panguna mine in operation, circa 1971 (Photo: Robert Owen Winkler/Wikimedia Commons)

Post Courier | May 7, 2019

All mining, oil, and gas powers and functions belong to the Autonomous Bougainville Government, says ABG vice president and mining minister Raymond Masono.

Mr Masono said this in response to a news article titled “Bougainville admonished by O’Neill over planned mining change” which was posted on social media through Radio New Zealand on Monday, April 29.

The ABG mining minister said the the transfer of these powers from the national government to the ABG was signed in March 2008 at Alotau between the late president, Joseph Kabui, and the then deputy prime minister, Sir Puka Temu.

“This process was in turn completed when the ABG passed its own mining law in April, 2015,” Mr Masono said.

“The ABG mining act is unique in the sense that it recognises landowners as owners of the minerals beneath the ground and not the crown or the state as in Papua New Guinea.

“The proposed amendment further consolidates this ownership rights by giving landowners and the ABG controlling interest in any major mining development project, starting with the Panguna mine through a Bougainvillean mining entity that would own 60 per cent of the shares on behalf of the landowners, ABG and the people of Bougainville.

“The Bougainville entity is not Caballus, it is the Bougainville advance mining company,” he said

Mr Masono said contrary to the Rio Tinto Group-aligned special mining lease Osikaiyang landowners association (SMOLA) that the amendments take away landowner rights, the proposed amendments give landowners more and better benefits in terms of equity and royalties than they are currently entitled to under the existing law.

“But the Panguna mine no longer belongs only to the RTG sponsored SMOLA, rather the mine belongs also to the other eight mine-affected landowners, whose land was used for mining purposes in the 17 years of operations and who support the amendment,” he said.

“It also belongs to all Bougainvilleans because the blood of 20,000 lives was spilled over the mine by Bougainvilleans, who died fighting to protect these resources.”

He said Bougainvilleans have consented that the Panguna mine must reopen, but not with Bougainville Copper Ltd and certainly not with RTG, two firms that are no doubt sponsoring those opposed the amendments. Mr Masono said relevant agencies have conducted and continued to carry out awareness to correct the misinformation, deliberate misinterpretation that are being propagated by those opposed to the proposed amendments.

The ABG is not rushing its work, it will continue to consult with landowners and the people of Bougainville before it passes the amendments.

“In addition to these consultations, the people of Panguna are now engaged in their own traditional social mapping process called ‘tangurang’ to identify the true landowners,” he said.

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Akoitai Is Firmly Against Amending Of B’ville Mining Act

Patrick Makis | Post Courier | May 2, 2019

Central Bougainville MP Sam Akoitai is opposed to the amendments to the Bougainville Mining Act being proposed by the Autonomous Bougainville Government.

Mr Akoitai said this when addressing representatives from the nine landowner associations of the Panguna mine-affected communities last week in Arawa.

He said the ABG is trying to amend the Act when the current legislation had not been tried and tested since its enactment in 2015.

“What is wrong with the current act? Many commentators, including Bougainvillean leaders, said the Mining Act was unique after it was enacted,” Mr Akoitai said.

“What happened to this uniqueness that requires the amendments?”

Mr Akoitai said the proposed amendments would create an “uneven playing field” in the mining industry in Bougainville.

“As a former mining minister in the national government, I have never come across an Act tailored specifically to suit one particular developer,” he said.

“You must tell your constituency members not to support these changes on the floor of parliament.”

Mr Akoitai said the 60/40 per cent equity arrangements being proposed under the amendments was impractical.

“People supporting this 60/40 arrangement are fooling themselves,” he said.

“How will Bougainville come up with money to fund its equity when currently it can’t even deliver services due to shortage of funds?

“Let’s be practicable and test out the Bougainville Mining Act in its current form first before we start making amendments.”

Mr Akoitai told the affected communities that he wanted to see unity among the landowners.

This is especially for the special mining lease group, before he would be ready to talk with potential investors over the re-opening of the mine.

“I am calling on the landowner associations to remain intact and the unification of the SML factions. We have to be united so we can secure a better deal when dealing with investors,” he said.

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MASONO DEFENDS A DRACONIAN EDICT

Bougainville Indigenous Rights Advocate | 3 May, 2019

The article in the Post Courier, “Masono defends Bougainville Mining Amendment” dated 30/04/19, shows that Jeffrey McGlinn has certainly struck some deep chord in the heart of the cream of ABG politicians and bureaucrats a comprising of the President Dr. John Momis, Vice President Masono himself, Finance Minister Robin Wilson and the Mining Department Secretary, Cedric Himata.

In the article, Vice President open’s his “Che Guevaraic” delivery with the profound word “revolution”. What a choice of word to cloak the assault on the human rights of the landowners, to serve the interest of a foreigner who has dazzled the El Presidente’s gullible inner circle with a ridiculous promise of 60 percent share equity in a dubious Bougainville mining company, which obviously is already registered in the British Virgin Islands.

It is disheartening to see Vice President defending amendments that were written outside Bougainville by McGlinn’s lawyers obviously after going through the Bougainville Constitution and the Bougainville Mining Act 2015 (BMA 2015) with a fined tooth comb, hoping to find irregularities on which to base their absurd justification to amend a law that protects customary rights of landowners.

If the ABG is trying to use a flaw in the BMA 2015, conjured up overseas by foreign lawyers, to take control of ownership of the resources then landowners will be losers all over and again. In reality, Jeffrey McGlinn is trying to gain monopoly by duping the ABG with offer of fairy-tale 60 percent share equity which will decrease in value due to it’s incapability to raise funds. The consequence is such that the dilution of the shares in inevitable.

In the article Vice President Masono is quoted as saying:

“It is time now that we take the bull by the horn.

“We’ve been made to believe that only the white man and foreign companies can do mining for us.

I find this somewhat disturbing, because ABG after all has struck a deal with a “green man” Jeffrey McGlinn who mislead ABG about his companies extensive experiences in mining when “Caballus” was only founded recently.\

If the Vice President doesn’t already know, “Caballus” is poetic latin word for horse. That is what Jeffrey McGlinn is. A failed “white as snow” horse breeder.

Lastly, Vice President Masono’s revolution is debauchery and contravenes section 23 (1) which provides “The laws and policies of Bougainville shall be directed towards the recognition of customary rights of the people of Bougainville in relation the land and the sea, and natural, mineral and oil resources of Bougainville and any law relating to the development of such resources shall take that into account.”

Notice that the section says “Customary” Rights of the people. Landownership is customary in Bougainville and the BMA2015 specifies that.

This is ownership is further reinforced by Section 53 of the national Constitution of Papua New Guinea which talks about the protection from unjust deprivation of property. This is the very protection that is under threat from the ABG’s proposed amendment to BMA 2015.

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