Tag Archives: Lawrence Daveona

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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Bougainville govt’s mining deal meets widespread opposition

Local residents hold banners and placards during a 2018 protest at the former Bougainville Copper Limited’s Panguna mine. | Photo: Reuters

Radio New Zealand | 8 February 2019 

There’s been community outrage in Papua New Guinea’s Bougainville region at the local government’s new mining plan.

The autonomous government of Bougainville is planning to re-open the long shut Panguna copper mine and operate it with a company majority owned by Bougainville.

It is expected to pass amendments to the Mining Act to accommodate the Australian investor who will jointly own Bougainville Advance Mining.

Johnny Blades has been following the reaction to this development in Bougainville.

JOHNNY BLADES: The plan comes after squabbling over who should get the licence for the Panguna mine, which of course has been mothballed for a long time.  There’s been a government moratorium on any Panguna development because it’s all so sensitive around this impending the referendum on independence coming up this year. But the Bougainville President John Momis has described this deal with the Australian investor as the best deal for landowners, also saying that existing companies already mining in Bougainville would not be affected by this new deal. But this company, Caballus Mining, owned by West Australian businessman Jeff McGlinn, has no public profile to speak of in the industry.

DG: So the president of the autonomous Bougainville government, John Momis, he earlier told RNZ Pacific that PNG’s central government is not stumping up with funding for the independence referendum, and they in turn have been on the urgent look-out for funds. Is he just turning to this investor or this deal to fund the referendum?

JB: He seems to be saying that, that this is something they have to take up because of this urgent need for money. But one of the principal landowner groups in this area, the Osikaiyang Landowners Association has said that Caballus has no assets but is demanding a monopoly on all major large scale mining projects in Bougainville. There are questions over the viability of finance for these mining plans. They suspect this is a con job, that Momis and his government are being taken for a ride here. Lawrence Daveona, one of the association’s people, he said some of the ex-combatants on Bougainville had met with this investor Jeff McGlinn and asked him ‘are you able to give the government money?’ and he reportedly said to them no, he has no money. So it seems a bit fanciful to think that the investor or this deal might fund the referendum.

DG: There was a public forum to dicscuss this issue in Arawa. What was the general feedback?

JB: The community is upset that local parliamentarians seem to be rushing changes to the Mining Act through without proper public consultation. They says that you have to have proper public consultation before any social license is granted, so to speak. There’s a group called the Bougainville Hardliners Group. They have warned that sort of foreign control of mining on Bougainville is what caused the island’s civil war in the first place. So they and others are certainly opposed to diving headlong into this deal as Monmis and his government seem to be doing.

DG: Historically of course, Bougainville Copper Limited has been behind the scenes of the Panguna mine, What’s been their reaction to this?

JB: Unsurprisingly, BCL have come out very strongly against this deal. They’ve got their own agenda to push, of course. Let’s not forget that the moratorium on mining at Panguna was centrally because landowners oppose the return of BCL. But in this case, both landowners and community groups appear to agree with BCL that this deal seems to be risky. There are constitutional and ethical questions around it. And more widely, these bills are being interpreted as both anti-competitive and anti-investment which BCL and others are saying is the last thing Bougainville needs.

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Miriori Fires Broadside At Mining Company

PHOTO: Philip Miriori’s Me’ekamui group has entered into a joint venture with RTG mining. (ABC News: Eric Tlozek)

Post Courier | February 7, 2019

A highly controversial proposal by an unknown and newly registered company, Caballus Mining is attempting to grab a complete monopoly over all large scale mines in Bougainville.

It is alleged that the Caballus plan is to override the fundamental principle of the Bougainville Mining Act – Customary Landowner ownership of the minerals in Bougainville and confer ownership on a McGlinn entity, Bougainville Advance Mining (BAM).

“Are Caballus the next rogue that is trying to take advantage of us, the customary owners and steal our minerals?” questioned Mr Philip Miriori, chairman of the Special Mining Lease Osikaiyang Landowners Association (SMLOLA).

Mr Miriori further claimed that Caballus have no relevant mine development experience whatsoever.

“Caballus has no assets, and yet is demanding a monopoly on all major large scale mining projects in Bougainville.

“They are demanding an initial 40% interest, which will increase further over time, without any upfront cash and only a shallow promise of future money if he is granted those rights first.”

Mr Miriori said that when Caballus was presented to representatives of SMLOLA earlier last year, they were officially rejected in writing.

“This is where it gets confusing as despite that clear position from the owners of the minerals at Panguna, Caballus is now demanding that the most fundamental principle of the Bougainville Mining Act (BMA) – customary ownership will now be stripped from the BMA.”

SMLOLA special adviser Lawrence Daveona said by avoiding all the protection afforded to them under the BMA, which is fundamental to the whole peace agreement and their constitution, in fact the very grant of autonomy…it will strip them off their rights.

“The central tenant of our Peace Agreement is good governance.

“We will fight this to the end and hope our ABG will step in first and protect all customary owners in Bougainville.”

Mr Miriori said it appears some people are trying to take advantage of a severe funding crisis which their government faces in the lead up to the referendum on Bougainville so are promising money but only if they are first given the keys to every large scale mine in Bougainville with zero up-front investment…is unbelievable.

“Whoever puts up the money will ultimately control BAM, and all of Bougainville’s mines.”

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Arawa Forum Rejects Controversial New Mining Law for Bougainville

The Bills were introduced by ABG at the request of Caballus Mining

Chris Baria | February 4, 2019

A forum was held on Sunday afternoon, 3rd February, at Arawa Town Market by ABG Parliamentary Committee Comprising of all-male committee namely, RODNEY OSIOCO and member for Kokoda, Chairman. JOHN VIANNE KEPAS and member for Makis, member, CHRISTOPHER KENA and member for Lato, member, THOMAS KERIRI and member for Rau, member, and EZEKIEL MASSAT and member for Tonsu and Chairman of the Public Accounts Committee.

The bills in question which have already gone through the first reading are the Bougainville Advance Mining Holdings Trust Authorization Bill, Bougainville Advance Mining Holdings Limited Authorization Bill,  and a Bill to amend the Bougainville Mining Act 2015. All bills were introduced by the Autonomous Bougainville Government at the request of Jeffery McGlinn of Caballus Mining who is has also proposed to ABG to grant him and his company the authority over all mining interests on the island.

According to New Dawn FM, The legislation committee in the Bougainville House of Representatives took ownership of the three government bills after they  were referred to it by the House on Wednesday 30th January 2019.

Speaking earlier on New Dawn FM, Chairman OSIOCO said, the Legislation Committee shall exercise its functions and powers to ensure that the parliamentary procedures and practices are exercised independently which will also provide an opportunity to citizens and public and private organizations to have a say on the proposed laws being proposed by the Executive Government.

He said, the two weeks, work plan for the legislation committee will be published once endorsed by the legislation committee.This will include dates and venues where the committee will visit and make it-self available for people to submit their views on the proposed laws sponsored by the executive Government several ABG Ministers and Members of the Members of the ABG House of Representatives namely led by the Chairman and Member for Kokoda Constituency Rodney Osioko.

This is the first of the series of to gauge the views of the general public on the passing of three controversial bills by the Autonomous Government.

The forum at Arawa drew a very strong opposition from members of the civil society to the 3 mining bills that have already gone through the first reading at the ABG Parliament. All community governments, women and youth and those opposed to large scale mining on Bougainville requested that the bills not be entertain and be thrown away. The reaction from the crowd who attended the meeting was one of disbelief and anger and some of them could be heard shouting in support of calls to stop the bills by the speakers at the forum.

Former banker and ABG Member Mathias Salas told the forum to be wary of the situation because if they were not careful, under expropriation laws the government and the President can steal the land from land and resources owners. He said that the introduction of the bills was an example of what can happen.

Lawrence Daveona of Special Mining Lease OsiKaiyang Landowners Association drew forum’s  attention to the how much of the ABG Bougainville Mining Law had been affected by draft the amendment done by lawyers in Australia already for Jeffery McGlinn of ‘Caballus Mining’ on whose request ABG had introduced the bills.

Chairman of the Bougainville Hardliners Group which is opposed to any form of large scale mining call on the ABG and general public to fund the referendum from own pockets by donating twenty kina each meet referendum expenses.

“Lets show Papua New Guinea that we are independent by funding our referendum”, he said.

His call was supported by CLC Pastor Munau who said that those who are oppose to Bougainville’s independence are trying to cause confusion so the right thing to do is put any amount of money from heart towards referendum.

A the end of the meeting a resolution was passed to block the bills from being passed in by ABG.

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‘Bougainville won’t fall for more false claims from BCL’

Photo: Catherine Wilson/IPS

Philip Miriori (Chairman) and Lawrence Daveona (Ex Chairman) SMLOLA | 4 June 2018

HOW CAN BOUGAINVILLE COPPER LIMITED BELIEVE WE AND OUR AUTONOMOUS BOUGAINVILLE GOVERNMENT WILL FALL FOR MORE OF THEIR FALSE CLAIMS OF RESPECT FOR BOUGAINVILLE AND ITS PEOPLE?

Bougainville Copper Limited (“BCL”) continues to insult and disrespect Bougainville: the Panguna Customary Landowners by the recent statements made by BCL’s Chairman, Mr Mel Togolo and the ABG by their treatment at their Annual General Meeting blocking their vote.

Why did BCL not work with the ABG in advance to ensure they could have their say at the meeting if they are genuinely trying to mend fences with Bougainville and lose their mantle of being a PNG controlled company?” asked Mr Philip Miriori, the Chairman of the Special Mining Lease Osikaiyang Landowners Association (“SMLOLA”).

Mr Miriori said “we know the new BCL Chairman has his trainer wheels on, but this is unbelievable! How many world class mines has he developed? Wasn’t he the guy who sat on the Rio controlled BCL Board in the bad old days – for 6 or 7 years? Isn’t he the PNG country manager for the environmentally controversial deep sea mining start up, Nautilus Minerals? Why would we want any of that?”

Then there is the false attempt to blame third parties for the opposition by the Panguna Customary Landowners: this reflects the continuing failure on the part of BCL to even acknowledge the historic environmental havoc wreaked on the Panguna Land by BCL and the role of BCL in the devastating conflict in Bougainville. “Do they think we have forgotten or forgiven – no never” says Mr Miriori.

Mr Miriori, says “The failure of BCL’s Chairman, Mr Togolo, to acknowledge the historic wrongs committed against the people of Bougainville is totally unacceptable. The wilful blindness of BCL, its failure to admit its role in causing the environmental devastation to our land and its failure to rehabilitate or provide compensation for the damage, condemns BCL from ever obtaining SMLOLA’s approval or support. Trying to blame third parties for this is both naïve and arrogant – it is a flimsy and dishonest attempt to divert attention from their failure to win any aspect of social licence to return to Bougainville. That is and will always be the problem.”

Mr Miriori said “it is simple, BCL has one of the worst environmental and social impact records in the world and has not been welcome to return to Panguna in 30 years – yet they claim strong Landowner support. Just more lies!”

Prominent SMLOLA member Mr Lawrence Daveona supported Mr Miriori’s comments saying “BCL’s operations at the Panguna Mine were the cause of the devastating conflict on Bougainville. That is why they have been unwelcome in Bougainville for the last 30 years. It was the height of arrogance to think they could win community support without any reconciliation. They have ignored us and tried to go around “the impediments” – the owners of the minerals and have tried to simply pull political strings. The recent BCL attempt to curry favour and scramble to regain tenure to their old mine has been a disaster, just like their treatment of our lands and people – after 30 years of neglect and arrogance, how surprising!”

Mr Daveona said “our President Momis summed it up perfectly when he said BCL did not deserve the renewal because their attitudes to Landowners had not changed from the past.”

Mr Miriori spelt out what he said “were obvious facts:

  • BCL has achieved no reconciliation with the Customary Landowners for 30 years;
  • BCL has not attempted discussions with the current Court sanctioned SMLOLA Chairman and Executive even once; 
  • BCL has failed to acknowledge its role in Bougainville’s tragic history;
  • BCL has offered no compensation for the environmental and social impact of BCL’s massive profit taking operations at the Panguna Mine;
  • BCL has offered no assistance to rebuild Bougainville post resolution of the conflict; 
  • BCL has undertaken no remedial action to address the massive environmental damage from its past operations; and
  • BCL has made no attempt to identify the needs of the Customary Landowners and engage with the community.;

Mr Miriori said “it was outrageous that BCL untruthfully claimed it held unanimous Landowner consent when there was an existing petition with more than 2,000 SMLOLA members rejecting BCL’s return to Panguna. BCL has insulted the Customary Landowners by referring to them as ‘impediments to be removed’ and more recently, ‘disruptive influences’. This shows a contempt for the rights of Customary Landowners and the people.

Mr Miriori said “how could they have been surprised – they have never had majority Landowner support. Have they forgotten their 30 year history of devastation they never seem to mention now?”

Mr Daveona supported the ABG’s decision saying “BCL had an EL for two years from 2014 to 2016 and even had a further 15 months after the expiry of EL 1 and still they could not win Landowner support. The refusal of that application has been very positive for the Landowners and allowed us to bring an end to the social disharmony their false claims caused and to build an even stronger opposition to their return. The Landowners are now fully united against BCL. BCL should leave and respect the wishes of Landowners.”

President Dr John Momis of the ABG stated on 8 January 2018, in a public interview with the Australian Broadcasting Corporation, that the BCL Application had been denied by the ABG because of the Panguna legacy Issues and consequently the inability of BCL to gain a social licence. He observed BCL’s attitude towards Customary Landowners had not changed and therefore that BCL did not deserve an extension. It was noted that at the Warden’s Hearing in December 2017 almost all those who spoke referred to these significant and continuing legacy issues and the need for BCL to pay compensation.

President Momis was entirely correct in his observation and the recent statements by BCL’s Chairman show a contempt not only for the Customary Landowners but also for the ABG itself.

Mr Miriori agreed saying “BCL was the tenement holder during the time which systemic damage to the environment and river systems occurred. The Panguna mine was at the centre of the conflict.” It is reported 20,000 Bougainvillean people died in this conflict. This is the incontrovertible factual truth of BCL’s legacy.

These events are of global significance and to this day are fundamental to the vast majority of the Panguna Customary Landowners and Bougainvilleans opposing BCL’s return.

BCL made a formal decision to not acknowledge responsibility, to not say ‘sorry’ and to not pay any fair compensation for these events and the massive damage. These deliberate commercial decisions (to save BCL money and to not acknowledge its past wrongdoings) are fatal to BCL’s attempt to return to Panguna.”

As the highly respected community leader, Mr Sam Kauona said at the Warden’s Hearing, BCL can never be allowed to return to Panguna. The petition opposing BCL’s return has more than 2,000 supporters. The majority of those attending and speaking at the independent Warden’s Hearing in December 2017 opposed BCL’s return.

The continued failure to have regard to the opinion of the Customary Landowners, Mr Miriori says, “shows an arrogance and on-going disrespect.” He powerfully criticises BCL’s attempt to divert the blame from its own conduct “This arrogance and ongoing disrespect of the Landowners’ clear wishes perpetuates the tragic legacy of BCL/Rio, and with every day that passes, further compounds and entrenches the opposition of the overwhelming majority of Panguna Landowners to BCL. Let us now look forward not backward to a new deal for Bougainville. BCL is finished. Its attempt to cause even further delays to the successful redevelopment and reopening of the mine blocks and delays employment opportunities, the funding of critically needed community programs and obtaining of financial benefits for all Bougainvilleans.”

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Landowners disappointed with BCL

PNG Loop | April 29, 2018

The Special Mine Lease Osikaiyang Landowners Association Inc has expressed disappointment with Bougainville Copper Ltd’s conduct.

In a statement, SMLOLA chairman, Philip Miriori, and his advisor Lawrence Daveona say BCL has shown that they have not changed or learnt any lessons “from the tragic history they put us through”.

“The Warden’s Hearing could not have been a stronger message from our community – BCL is not welcome at Panguna ever, yet they try and say they have majority landowner support.

“Respect the call of the people and the Government and leave.

“The decision of the ABG to deny their purported renewal application has been incredibly positive for our landowners, allowing the real facts to come to light and getting rid of the menace that was trying to divide our people. We are now united behind a fresh new development of Panguna with our preferred developer, RTG Mining Inc. and want nothing to do with BCL again.”

The following comments are in response to the 2017 Annual Report of BCL which was released to the Australian Stock Exchange recently.

Miriori says for a company that:

  • Has been given almost 30 years to fix up their failings of the past with no progress;
  • Accepted a further 2 year exploration licence under the very Bougainville Mining Act they now conveniently say is illegal;
  • Sought a renewal of the exploration licence under the very Bougainville Mining Act they now conveniently say is illegal;
  • Were given a further 18 months after the expiry of their 2 year exploration licence to secure landowner support and still failed throughout that 3 and half year period to overcome or even acknowledge the legacy issues and win landowner support;
  • Attended a Warden’s Hearing under the very Bougainville Mining Act they now conveniently say is illegal and failed;

They now try and cry wolf saying they have been treated unfairly and actually have strong landowner support despite the obvious facts. How naïve do they think the landowners and the ABG are?

Daveona says:

“I know BCL well, I sadly supported them for 34 years till 2017 but I have now seen the truth.

“My fellow SMLOLA members are now all united against the return of BCL at any time. We will not be taken advantage of again. Even if they tried to finally step up and listen to us and compensate us for the past, it is too late, we cannot trust them. Too many broken promises.”

Miriori adds:

“The Annual Report accuses the ABG of expropriating BCL’s Panguna mine assets in breach of the Bougainville Copper Agreement Act 1967; the same Bougainville Mining Act that they were happy to take advantage of and use to prolong their involvement in Panguna.

“They also say the ABG has no legal powers in respect to mining on Bougainville and that the ABG has now illegally expropriated its mine. Could there be any greater show of disrespect for our ABG and Bougainville at large?”

The landowners have made their choice on the redevelopment of Panguna and are committed to working with the ABG to implement a successful new mine that will benefit all Bougainvilleans.

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