Tag Archives: John Momis

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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Proposed Bougainville mining law change referred to Ombudsman

Radio New Zealand | 11 June 2019

A landowning group at the site of Bougainville’s Panguna Mine says it has referred the government’s controversial mining plans to the Papua New Guinea Ombudsman.

The Osikaiyang Landowners group said amendments to the Mining Act, due for consideration in parliament this week, would effectively reverse customary law on the ownership of minerals.

Bougainville’s government has argued that what it is planning, in conjunction with Australian businessman Jeff McGlinn, will ensure landowners are better off.

But the Special Mining Lease Osikaiyang Landowners Association said this amounted to an abuse of executive power, the Bougainville Constitution and the PNG Constitution.

Osikaiyang chair Philip Miriori said the group would never allow others to “steal our land, our minerals and both our future and our heritage”.

The amendments are defective and the people pushing them, such as Mining Minister Raymond Masono, are breaching the Leadership Code, which is the basis for the appeal to the Ombudsman, Mr Miriori said.

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Bougainville Mining Act Changes Strongly Opposed By LOs

Post Courier | June 7, 2019

The chairman of the Special Mining Lease Osikaiyang Landowners Association (SMLOLA) has refuted claims by ABG vice-president Raymond Masono that he made on Radio NZ yesterday.

SMLOLA chairman Philip Miriori in a statement said: “The truth is… there is overwhelming opposition throughout Bougainville to the purported demanded changes to the Bougainville Mining Act.

“We have all signed a resolution confirming our strong opposition to these offensive changes to the law that seeks to strip us o our rights, without any fair real compensation whatsoever.

“Everyone understands the Autonomous Bougainville Government (ABG) cannot afford to pay us a fair or a just compensation.”

SMLOLA special adviser Lawrence Daveona said this is an attack on all landowners in Bougainville.

“Why do they want to disrespect us and treat us so badly once again.

“It will be torn down by the Courts if rammed through the House of Representatives,” Mr Daveona said.

He said independent legal advice to the SMLOLA also confirms the Mining Act changes breaches no fewer than 10 separate sections of the Bougainville and PNG constitutions including:

  • S53 and s293 of the National Constitution; and
  • S23 (1), s44 (1) (b), s66(4), s178, s181, s180 (2) and s180 (3) of the Bougainville Constitution.

And based on legal advice, Mr Miriori said they believe the people are being misled when they (Mr Masono) say that the Mining Act changes will ensure landowners retain control of the minerals once they are extracted and give landowners greater control.

He challenged Mr Masono to provide the ABG’s independent legal advice. “Our advice tells us that the effect of the changes is to remove customary ownership of minerals and remove landowners veto rights.”

He said landowners do not even get one share, as all shares are held in a Trust and controlled and owned by the ABG. “Even the Pope has said that indigenous people must have the final say about their land.”

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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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Bougainville admonished by O’Neill over planned mining change

Momis and O’Neill at a reconciliation ceremony in 2014. (ABC/AUSTRALIA NETWORK NEWS)

Radio New Zealand | 29 April 2019

The Prime Minister of Papua New Guinea has written to the Bougainville government asking it to consult more widely over proposed changes to the autonomous region’s Mining Law.

Peter O’Neill in a letter to President John Momis last month said the changes have the potential to cause discord and conflict.

Mr Momis said the law change will allow landowners to retain control of minerals once they have been mined.

But landowning groups, especially the Osikaiang group at the site of the key Panguna mine, allege this is an attempt to shut them out along with their preferred joint venture company, RTG.

James Onartoo of Bougainville Indigenous Rights Advocacy has accused Mr Momis of deliberately trying to spread misinformation on the matter.

He said the proposed amendment removes the protection of customary landowners’ rights and attempts to replace them with vague benefits and entitlements.

But Mr Momis in his response to Peter O’Neill said his government has since conducted extensive consultation on the new legislation

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Indigenous Rights Advocacy Group says ABG President Momis is not telling the truth

Prime Minister O’Neill has written to the ABG President raising concern over proposed changes to the Bougainville Mining law; concerns Momis is trying to downplay using ‘misinformation’

Chairman of a human rights organization, Bougainville Indigenous Rights Advocacy (BIRA), James Onartoo, has raised concerns that the ABG President Momis is deliberately trying to spread misinformation to push his government’s proposal to amend the Bougainville Mining Act.

Mr. Onartoo was responding to a draft letter of response by President Momis to concerns expressed by the Prime Minister in his letter to the President on the proposed amendment. The letter in which the President downplayed the Prime Minister’s concerns was posted recently on social media.

Mr. Onartoo said that the proposed amendment drew wide opposition because it removed protection of customary landowners’ rights and attempted to replace it with vague benefits and entitlements that lacked detail.

“You cannot remove and replace existing protection of the rights of customary landowners with imaginary rewards that may never materialize in the end,” he said.

Mr. Onartoo was also critical of the way ABG was handpicking people to drum up support in the mine affected areas to help push through the amendments. He said the ABG had never obtained “free, prior informed consent” (FPIC) in the mine affected areas and instead it has tried to avoid those who opposed mining, causing further divisions in the mine affected communities.

“Under FPIC the people have the right to say no to mining and the government should respect the wishes of the people and support them. Instead the government has gone abroad to make a deal and it is now trying to involved the landowners after the laws are drafted along with the proposed amendment to cater for monopolization of mining by a single mining company ”, Mr Onartoo said.

The Vice President, Raymond Masono and Finance Minister Robin Wilson left yesterday for Port Moresby to hand deliver the letter from President Momis to the Prime Minister, Peter O’Neill.

Meanwhile, ABG Parliamentary Legislative Committee’s inquiry into the amendment bill continues in Central Bougainville and according to it’s Chairman and member for Kokoda constituency, Rodney Osioco, there is a growing opposition from all stakeholders and the general public, to the proposed bill by the ABG to amend the Bougainville Mining Act.

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