Sunday, January 27, 2019

Lihir customary landowners describe mining agreement review as “ethical genocide” - giving notice of intention to sue Newcrest Mine

By CYRIL GARE l NEWS

THE Lihir gold mine is imposing “ethnical genocide” on the island by its “divide and rule” techniques over landowner groups through the Lihir Agreement Review (LAR) process which is currently taking place on the island into its third week. 

Ms. Roselyne Arau, Londolovit Sagomana Association (LSA) chairlady showing the new proposed terms document by Newcrest Mine to her people during a community meeting at Londolovit village last Tuesday – Jan 15, 2019. Image: CYRIL GARE.

Disgruntled, the water resource owners through their Londolovit Sagomana Association (LSA) Chairlady, Ms. Roselyne Arau said what the mining giant, Newcrest is doing is “divide and rule” over tribal groups by removing umbrella customary landowner (CLO) structures with “deal direct” arrangements with individual clans.

Ms. Arau said while the Ministry and the Department of Mining through Mineral Resources Development Authority (MRA) remain tight-lipped over the situation, Newcrest is “dictating” over the LAR process.

“Newcrest hired consultant firms like Tanoroma and Deloitte which have been visiting individual” landowner groups under the various 14 tenements to have them sign new agreements or “proposed terms” against their consciences”.

The “new proposed terms” – among others - seek to:

- avoid umbrella structure of LMALA;

- put in place “direct relationship” with tenement holders (CLO’s);

- establish a new “Foundation” in place of LMALA to “ensure effective operational governance, discipline, and accountability” of all parties;

- remove the current 5 year cycle of review, agreements under the new “proposed terms” will now extend to the entire “life of the operation” of the Lihir gold mine; and

- Others.

“The frightening part is that the new “agreements will be for the life of the operation” meaning that there shall be no more reviews after this one for the entire lifetime of the mine.

“This will remove landowners’ right to arbitration and dispute resolution guaranteed in our Constitution and democracy.

It is ethnical genocide… it is “divide and rule” technique by a multi-national corporation such as Newcrest who employs such techniques when faced with standoffs by landowners and governments of resource-rich third world countries”.

“We will fight it tooth and nail and will not bow down. Our heritage, our traditional rights to property ownership is guaranteed in the National Constitution and Customary Law of PNG, we will not comprise this because our children will curse us for our inaction,” Ms. Arau said.

Currently, LAR is a five year cycle process. Since 2017 there was no LAR because of the grievances and discernments by landowner factions.

The water resource CLOs of Londolovit categorically had refused to become a party in the LAR by way of a letter dated March 14, 2016 after having receiving unsatisfactory responses from both the PNG Government and Newcrest Mine over its outstanding water issues.

With the suspension of LMALA “gold” resource owners in 2017 by IPA and refusal by Londolovit “water” resources to participate, the entire LAR process is already affected by meaning of law under the “Lihir Agreement”.

LAR Independent Chairman, Sir Paul Bengo is on the island hosting various CLO meetings and receiving submissions from them could not immediately comment on the situation.

In a letter dated Jan 14, 2019 to Mr. Craig Jetson, Newcrest Mine Executive General Manager – Cadia and Lihir Operations, the association has given notice of its intention to sue Newcrest for “interfering” with its affairs which comprise the “common collective interests” of the 14 clans of Londolovit.

Nonetheless, Newcrest is not backing down. In an email dated Jan 15 to the Association’s Roselyne Arau, Mr. Jetson stated: “Acknowledged. A response will be forthcoming but our position remains unchanged from all other correspondence on this matter, replying to email.”

No comments:

Post a Comment