Tag Archives: Lawrence Daveona

Panguna Landowners Question Mining Law Changes

Post Courier | January 6, 2020

The Panguna landowners have called for consultation ahead of renewed push to amend Bougainville’s Mining Laws. In a recent interview with Reuters, Bougainville vice-president and Mining Minister Raymond Masono said, in reference to his determination to push through with highly controversial amendment of mining legislation at all costs, that “the revolution is ongoing”.

Philip Miriori, the chairman of the Special Mining Lease Osikaiyang Landowners Association (“SMLOLA”) said; “There has been no consultation by the Mining Department with landowners post the rejection of amending legislation by the Bougainville Parliamentary legislative committee – none.”

“This legislation is opposed by each and every Panguna Landowner Association, local government bodies and all sections of the community. It will be a disaster for the mining industry in Bougainville and will ensure Panguna is never reopened.”

“Both the Autonomous Bougainville Government and the national government want Panguna to be reopened, so that it can reduce the dependency of Bougainville on the PNG national budget and enable us to deliver fiscal self-reliance for all Bougainvilleans,”

Lawrence Daveona said, “The Panguna landowners have written to Prime Minister James Marape, drawing his attention to this offensive and destructive attack on all Bougainville landowner’s hard-won legal rights being removed with the stroke of the pen, to allow the illegal transfer of the Panguna mine together with a near monopoly over all future large scale mining on Bougainville, to an unknown shelf company in the British Virgin Islands, based on a plan which can never work. PNG knows better than we do that, we must attract high quality foreign investment to grow and that means bringing in reputable development partners and allowing them to work with us to make Panguna and Bougainville a success.”

“This is the time for us all to pull together on the back of a very successful and peaceful Referendum. The revolution is done – a proposal like this will only create disharmony again and pit customary landowners against the mining department which is not necessary – we are here to work together co-operatively, to find a fair and equitable solution for everyone.”

The SMLOLA was established by the Autonomous Bougainville Government September 7 2011 with its Constitution being drafted by the ABG Mining Department.

The SMLOLA was established uniquely for and on behalf of all the customary landowners who own land contained within the area covered by the special mining lease at Panguna and now the subject of the expired EL 01, including the land used for the Panguna gold and copper mine pit, industrial processing areas, Panguna township and the areas around the mine within the area contained in EL 01.

The stated purposes of the SMLOLA pursuant to its Constitution is set out in detail in clauses 1.2 (a) – (h), and includes amongst other things, the duty to maximise the commercial benefits of their members in the Panguna Mine and promote peace, unity and co-operation amongst landowners in a sustainable manner.

The customary landowners and their families are members of the SMLOLA by right of birth within the 7 named villages, in accordance with the Naisoi custom, and as set out in clause 2.1.1(a) of the SMLOLA constitution.

The SMLOLA has in excess of 3,500 members.

The governing body of the SMLOLA is democratically elected every three years as required by clause 4.3.3 of the constitution, by the members so that its structure and board is truly representative of the owners. The current board was elected on 21 December 2018.

Section 8 of the Bougainville Mining Act states that “all minerals existing on, in or below the surface of customary land in Bougainville are the property of the owners of the customary land.

This is exactly the same as our unwritten customary law on minerals ownership that has been in effect for millennia.

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Landowners ‘Ready To Reopen Panguna Mine’

Panguna landowners showing clearly which option they will vote for at the mine site up in Panguna.

Post Courier | November 25, 2019

Landowners of the decommissioned Panguna copper mine are now prepared to reopen the mine as soon as the next Bougainville House of Representative is installed.

Seeing that as the only means of generating income for Bougainville as soon as it gains independence status, the landowners have agreed that Panguna will finance Bougainville like it financed Papua New Guinea back in the 1970s and 80s.

Special Mining Lease Osikayang Landowners Association (SML-OLA) mobilised all landowners from different parts of Panguna to gather at the edge of the mine pit to show that they were now one and ready to re-open the mine when Bougainville gained its independence.

SMLOLA chairman Philip Miriori and chief consultant adviser to the association Lawrence Daveona told the Post-Courier in Arawa that the landowners were now one and that there was no differences among them anymore.

“We are now united as one and we, re ready to re open this mine to finance the Independence of Bougainville, culturally and symbolically over to the government the new government that will be in place next year,” Mr Miriori said.

“This will be proof to the PNG government and also the international community that we can also be economically independent now, and right now Panguna mine is the only answer because it will not need exploration.

“We are now very positive that this mine will be reopened soon, we are working together with our developer RTG to reopen the mine and we have made a very strong commitment and stance that we do not want BCL back ever again into Panguna or on this island.”

He said the landowners were the people to have and to make the final say on the mines re-opening and now they had made a final say, to reopen the mine, to cater and finance the Bougainville independence.

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Miriori Says Bougainville Executive Council Was Misled

Philip Miriori (ABC News: Eric Tlozek)

Post Courier | June 18, 2019

The Autonomous Bougainville Government (ABG) Executive Council were allegedly misled at the time it resolved to support the developers proposal and consequential mass amendments demanded to the Bougainville Mining Act (BMA).

The Explanatory Memorandum that has emerged, long after the fact, claims in its first two principal reasons, that developer has developed and operated some of the largest mines in the world.

It now turns out that neither reason advanced was correct.

The truth is starkly different – the developer in question has never financed, developed or operated a large mine, to say nothing of the largest mines in the world.

Philip Miriori the Chairman of Panguna landowner company, Special Mining Lease Osikaiyang Landowners Association (SMLOLA), indicated that, had the amending legislation passed, Bougainville would have given away a 4o per cent interest in Panguna and a monopoly over all large scale mining projects in Bougainville, to a person who does not have the relevant skills to finance, build and operate a mine like Panguna or help the ABG.

“The third reason advanced was even more false and misleading, as it claimed that the developer had also raised billions of dollars and so will raise all the money for Panguna for the ABG.

“The developer obviously has not raised billions of dollars as claimed, in fact he has only ever done one public company capital raising of a very modest US$30m, again more than a decade ago.

“So the three key reasons the BEC resolved to support the developer, that he had financed, developed and operated the largest mines in the world.

“And put forward the proposed changes to the BMA, which have now been rejected by the Legislative Review Committee because they were all grossly false and designed to deceive all of us here in Bougainville,” he said.

SMLOLA consultant Lawrence Daveona said the scenario suggest to us is that we all need to sit down collectively and find a workable solution.

“This is a solution that can actually be delivered and will allow us to finally move forward with the redevelopment of Panguna to eventually see all of Bougainville prosper,” he said.

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Filed under Corruption, Human rights, Papua New Guinea

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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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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All Panguna Mine Landowners United In Opposing BMA

Post Courier | February 25, 2019

The customary landowners from all mine affected areas in and around Panguna – not just the pit area – are 100% united in opposing the controversial draft Bills to change the Bougainville Mining Act (BMA).

The draft Bills would see their rights been stripped, leaving them to try and negotiate with their own Government many years down the track, after they have given up all their rights and ownership of minerals.

Special Mining Lease Osikaiyang Landowners Association Inc chairman Philip Miriori said: “All we are vaguely promised is some form of compensation once mining activity commences.

“Who would do that, give up everything with no deal to look after our people.

“Can you imagine, at that point it will be like us negotiating with Bougainville Copper Limited (BCL) again. They will have all the power and we will have none.” He added that this is why they are all united against these changes to the BMA and the architect of this fraudulent attempt to steal from us.

A formal Petition has been signed by all nine landowner associations representing all the land that was impacted in the original Rio Tinto – BCL – Panguna Mine, which operated from 1972-1989.

The mine halted production when Rio Tinto and its subsidiary BCL lost the support of the Panguna landowners and the community.

“We all know what that led to. The Autonomous Bougainville Government is contemplating transferring the control of the Panguna Mine to an unknown Australian entrepreneur who claims he will raise $6 billion for Panguna, when he has never built or run a mine ever before,” Mr Miriori said.

The petition draws the attention of the ABG to no fewer than nine what landowners alleged to be materially false claims of the proposal.

Mr Miriori said the most fatal being the claim of a “permanent 60%” interest for the ABG. “It is ludicrous and simply impossible…he wants us to believe investors will put in 100% of the capital.

They say US$6 billion for 40% of the profits, this is impossible, he added.

SMLOLA special adviser Lawrence Daveona said Rio Tinto had to walk away from Panguna because they lost the support of the community.

“This petition confirms every single member of the Panguna Landowner Association opposes the proposal,” Mr Daveona said.

The signed resolution calls for the immediate withdrawal of the Bill to change the BMA and to try and stop further damage being done to their reputation internationally, Mr Daveona added.

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Bougainville Landowners Call On Momis For Protection

People on Bougainville want protection from Jeff McGlinn and his ‘draconian changes’ to resource ownership laws

Post Courier | February 22, 2019

Landowners throughout Bougainville are today calling on President John Momis for protection from a “callous opportunist.”

The landowners said that the customary laws of Bougainville and the basic human rights of landowners cannot be ignored.

A secret presentation, by an Australian, Jeff McGlinn, which was marked “strictly confidential, not for distribution” has just become public.

It evidences the unconscionable demand to strip landowners of all their rights under the Bougainville Mining Act.

McGlinn’s demand for these wholesale and draconian changes, is so that he can secure a complete monopoly over all large scale mines on Bougainville, including Panguna, without following the due processes of law, including the mandated Free Prior and Informed Consent of Landowners.

Panguna landowner Philip Miriori said: “The McGlinn draft Bills, which would strip landowners of all their rights, were actually drafted by McGlinn’s lawyers. It is completely unacceptable.

“We cannot allow foreigners to draft our laws, tearing up our entire Bougainville Mining Act, and all its safeguards, just so that he and his small group of insiders, including ex PNG Defence personnel can profit personally from our lands and our struggle.”

Mr Daveona said: “The Landowners of Bougainville call on President Momis to protect them, by immediately withdrawing these deeply offensive McGlinn drafted Bills.

There has been no prior opportunity for consultation. Anyone who has bothered to even read a little of the history of Bougainville, would understand that the Bougainville Conflict was a plea for better mining practices and the recognition of the rights of Customary Landowners.”

Mr Miriori said it would be difficult to think of something more deeply disrespectful and insensitive to landowners and the community generally than the demands of McGlinn.

“This comes at the very time the community is focused on continuing to build peace and reconciliation in the lead up to the referendum on independence. “Unreasonable, unconscionable and unconstitutional. If passed they will be challenged and Panguna is delayed indefinitely. Nobody wins – in fact we all lose. The general feeling about the amendment, from the 500 people who attended, was that no one agreed with it and those present were asking the ABG members to do away with the amendment immediately.

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