Tag Archives: Philip Miriori

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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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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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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CONTROVERSIAL MINING DEAL THREATENS BOUGAINVILLE UNITY AND REFERENDUM

Politicians with military background and connections get mixed up in a mining bid Arawa, Autonomous Region of Bougainville, Papua New Guinea

Chris Baria | February 11, 2019

There is a public outcry in the Autonomous Region of Bougainville, Papua New Guinea, over the introduction of three controversial mining bills including a bill to make amendments to the current Bougainville Mining Act (BMA) 2015, which ostensibly will strip the landowners of their rights and ownership of the mineral resources, whilst bypassing safeguards, protections, procedures for the landowners.

The amendment bill is also said to contravene Sections 23 and 24 of the Bougainville Constitution that protects rights of Bougainvilleans and recognizes traditional and customary laws and leadership in the mine affected communities. The Autonomous Bougainville Government (ABG) President John Momis has been convinced by Jeffery McGlinn a little known Australian businessman whose business appears to be dealing in heavy equipment for the mining industry and breeding exotic horse breeds. 

The lack of substantial experience of Mr McGlinn in mining industry has not deterred President Momis from giving his full blessings to a mining proposal by Mr McGlinn’s mining company“Caballus” recently registered in the British Virgin Islands. The proposal which is over simplistic and unrealistic includes the draconian amendments to the BMA and the establishment of a “Special Mining Entity” which has been named “Bougainville Advance Mining” (BAM) and the establishment of “Bougainville Advance Trust Holdings” which will take charge of revenue earned from mining.

What is disturbing about the whole affair is this:

1. Proper Parliamentary procedures and mining requirements were not met by the President and ABG to accept the Caballus as a partner in a mining company, BAM which also has been registered by Jeffery McGlinn already.

2. No consultations with landowners were sought to satisfy the “free, prior, informed consent” (FPIC) which has become a standard requirement in the establishment of any large extraction industry. Instead the proposals by Jeffery McGlinn were bulldozed through and bills are now at first reading with everything happening so fast. 

3. ABG and President Momis wrongly believe that that the USD$150m that Caballus would raise if its proposal was given the nod would go to ABG as spending money for referendum and other matters. However, these according to Jeffery McGlinn are what start up costs amount to and first part of it would be expended on several due diligences studies on the mineral asset at Panguna. 

4. The proposal by Jeffery McGlinn bears uncanny resemblance and appears to be a blueprint of a leaked document purportedly written for ABG by former Australian Defence Minister David Johnston who is also Western Australian like Jeffery McGlinn. Shortly, after receiving the report, President Momis cancelled BCL’s renewed bid to obtain mining licenses to reopen Panguna because according the report by Johnston which was written in 2017 “BCL had lost it’s social license”.

All in all, there appears to be a serious breach of the Bougainville Peace Agreement by meddlesome politicians Belden Namah connected with Caballus and former Australian Defense Minister, David Johnston, both with military background, according to some may well be acting in the interest of their respective governments in a deliberate attempt to undermine Bougainville’s referendum and it’s bid to gain independence from Papua New Guinea.

David Johnstone is currently the Chairman of Kalia Mining Limited which is carrying out mineral explorations at Mt Tore also in the Autonomous Region of Bougainville.

The move by Momis to install Caballus as a partner in a“pre-fabricated” mining company which is to be authorized through bills drafted on Australian soil by lawyers for Caballus has taken many ordinary ABG members by surprise and shocked by Mr McGlinn’s presence in the chamber which is out of bounds to foreigners and business dealings.

Members of ABG stand divided over mining issues centred around Caballus, with some members furious over what they view as attempts to amend BMA 2015 for Caballus’ own interests.

The Chairman of Panguna Special Mining Lease Osikaiyang (SMLOLA), Mr. Phillip Miriori has called on both Australian and Papua New Guinea governments to allow the due processes set out in the Bougainville Peace Agreement to achieve their aims and goals of peace, unity and security in the region by not allowing corporate interests in mining and other resource extraction to interfere with such processes by dividing up the people through payment of bribes and accosting ex-combatant support with a view to suppress ordinary people’s right to speak out and exercise their rights.

“We are not opposed to investors seeking investment opportunities here but they must abide by our laws and show respect to our government and not try to manipulate our laws to suit their own interests”, Mr Miriori said.

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