Trading Bougainville Copper (ADRs) 867948

050814 BOUGAINVILLE MUST SECURE ECONOMIC SELF RELIANCE
By Aloysius Laukai

The ABG President, Chief DR.JOHN MOMIS says that the holding of this
first meeting of the Forum marks a milestone in dealing with the past and future of the Panguna mine. It is also an important step in securing the economic self reliance without which Bougainville’s cannot achieve real autonomy.

President Momis made these comments when officially opening the first Panguna Negotiations forum meeting in Buka this morning.

He said that in several occasions, Bougainvilleans have told the ABG that they do not want negotiations about reopening Panguna to happen under the old 1967 Bougainville Copper Agreement, but under Bougainville’s own mining law.

This is one reason why the ABG will, introduce the Bougainville Mining (Transitional Arrangements) Bill into parliament tomorrow.

Meanwhile, certain group of former combatants told New Dawn FM this morning that they were not happy with the Transitional Mining Bill and want it shelfed until the third house is formed next year.

They said that they will present their case to the ABG before parliament debates the bill tomorrow morning.
NEW DAWN FM as usual will carry life the proceedings of the ABG House tomorrow to its Buka listeners.

ends  

Mine talks still in progress
BY Adriana Schmidt

According to widespread consultations made by the Autonomous Bougainville Government over the past five years, a majority of Bougainvilleans want to negotiate the possible re-opening of the Panguna mine.
But Bougainville President John Momis said this will only be supported under strict conditions, which include dealing with the environmental and social issues, and making sure that Bougainvilleans get a fair share of the wealth created from the mine.
Mr Momis said this while addressing the first Panguna negotiation forum meeting held yesterday at the Kuri Village Resort in Buka.
He said the only way for Bougainville to achieve conditions in its favour is to negotiate with unity and strength. This is the main reason why the government has established the negotiation forum.
The forum is made up of government leaders, senior administration officers, landowner leaders, ex-combatants from the three regions of Bougainville and women representatives, churches, youth and businesses.
“You are the people who can create a united front for Bougainville in negotiations about Panguna,” he said.
“You are the ones who can establish a Bougainville negotiating position,  and can work together to try and achieve the goals of Bougainvilleans.”
He said the preparations for negotiations have reached an advanced stage and expected to start in early 2015.  

http://ramumine.wordpress.com/2014/08/06/...-tinto-firmly-in-control/

August 6, 2014 · 7:33 am

Bougainville Mining Bill 2014 puts ABG and Rio Tinto firmly in control

John Momis, the ABG and their Australian Consultants have done it again – smuggling a draft Mining Bill before Parliament without publicly releasing the document to allow full consultation with the people.

Mining Bill

The Bill contains over 200 Clauses and is more than 100 pages long but ABG members are expected to read, digest and debate within just a few hours.

The legislation is again a blue print for large-scale foreign-owned mining across the island.

For example Section 8:

   (1)    The Autonomous Bougainville Government must as soon as practicable undertake or facilitate the undertaking of a geological survey of the whole of Bougainville.

   (2)     The results of the geological survey may be used to prioritise areas that are to be made available for competitive tenders for exploration licences under section 44 or the grant of exploration licences under section 51 or 52.

Then you have the usual feel good Sections like Section 13:

   13.    CUSTOMARY LAND – PROPERTY IN MINERALS

   All minerals existing on, in or below the surface of any customary land in the Autonomous Region of Bougainville are the property of the owners of the customary land”.

But property means nothing unless you have a way of enforcing that right. You can own the universe, but so what, if you can’t enforce that right then it means nothing. So what type of rights of enforcement do landowners have?

Effectively none!

Only Section 15(a) which states landowners have a right

   to be consulted about the grant of an exploration licence under section 51 over the land and to withhold consent to any such grant”

After that, the ABG has all the power. Of course the rest of Section 15 talks about rights to employment, compensation etc, but that has always been the case.

Nothing new there. And there is no formula included, so what landowners get would vary with their negotiating power (which is low compared to the ABG/Rio Tinto).

Section 18 and 19 are where the detail is:

   S.18(1): The Autonomous Bougainville Government has exclusive power to grant tenements under this Act because of the multiplicity of landholders’ interests mentioned in subsection (2) that are, or are likely to be, affected directly or indirectly by the grant of a tenement.

   S.19 The Autonomous Bougainville Government has exclusive power to determine the amount, and the distribution, of revenue from mining developments

And as section 21 says:

   To avoid doubt, customary rights, other than the right to withhold consent to an exploration licence or a small-scale extraction lease, do not in any way affect the exclusive powers of the Autonomous Bougainville Government under sections 18 and 19.

In other words, big miners, rest assured.

And like before the ABG has the power to decide which landowners are representative! See section 22(1)

   (1)    Subject to subsection (3), the Bougainville Executive Council may from time to time approve one or more organisations to represent all or some of the owners of customary land.

That needs to be read in light of Section 20. Here we have ABG/Rio Tinto/Australian propaganda, enshrined in law.

   S.20 The Autonomous Bougainville Government in exercising its exclusive powers under section 18 or 19 may take into account the following:

   (f)     the need to broaden the economy in Bougainville so as to provide employment and other opportunities to as many Bougainvilleans as practicable;

   (g)     the need to develop the autonomy of the Autonomous Bougainville Government and for the Autonomous Bougainville Government to achieve fiscal self-reliance;

   (h)     the need to develop the capacity of the Autonomous Bougainville Government to the point where real choices are available to Bougainvilleans when the referendum on independence is conducted;

So which landowners will the government choose to recognise the ones for, or against, Section 20 (f), (g), and (h) This is pretty much confirmed by section 22(3)(d) which notes

   The [landowner] organisation would be able to perform satisfactorily the functions of representing the landowners in consultations, negotiations and mediations (if any) for the exploration or development of minerals, including at any Bougainville Mineral Resources Forum.

Would the PLA under Perpetua Serero meet this criteria?

Oh and if the whole thing goes belly-up don’t go suing Ministers etc.

   208.   IMMUNITY OF MINISTER AND OFFICIALS.

   No liability attaches to the Minister or any other member of the Bougainville Executive Council, a Bougainville Warden or any other officer of the Department, a member of the Bougainville Mining Advisory Council, or a member of the Bougainville Police Service in the exercise of a power, or in the discharge or purported discharge of a duty under this Act.

At the end of the day, it is what it is. It is legislation designed to facilitate large-scale mining on Bougainville; and it looks like it will do this quite well. The ABG has all the power it needs, and all the control it needs over landowner communities.

Mine talks still in progress

BY Adriana Schmidt

According to widespread consultations made by the Autonomous Bougainville Government over the past five years, a majority of Bougainvilleans want to negotiate the possible re-opening of the Panguna mine.

But Bougainville President John Momis said this will only be supported under strict conditions, which include dealing with the environmental and social issues, and making sure that Bougainvilleans get a fair share of the wealth created from the mine.

Mr Momis said this while addressing the first Panguna negotiation forum meeting held yesterday at the Kuri Village Resort in Buka.

He said the only way for Bougainville to achieve conditions in its favour is to negotiate with unity and strength. This is the main reason why the government has established the negotiation forum.

The forum is made up of government leaders, senior administration officers, landowner leaders, ex-combatants from the three regions of Bougainville and women representatives, churches, youth and businesses.

“You are the people who can create a united front for Bougainville in negotiations about Panguna,” he said.

“You are the ones who can establish a Bougainville negotiating position,  and can work together to try and achieve the goals of Bougainvilleans.”

He said the preparations for negotiations have reached an advanced stage and expected to start in early 2015.  



House to convene, debate bills

By WINTERFORD TOREAS

THE Bougainville House of Representatives will convene today to debate and pass another three important government bills.

Speaker Andrew Miriki said these bills, including the Bougainville Mining (Transitional Arrangements) Bill 2014, the Bougainville Senior Appointments Act 2014 and the Principal Legal Adviser Act 2014 were recently approved by the Bougainville Executive Council for debating and adoption into law by parliament.

Mr Miriki said copies of these bills were given to the members last week.

He said it is important that they carefully study the bills before debating them in parliament.

The proposed transitional law on mining in Bougainville has received mixed reactions from many Bougainvilleans over the past months, with many, especially the resource owners, openly expressing their opposition over the passage of the bill.

Sorry ,doppelposting .too excited ....2015 Verhandlungen :-)

Aloysius Laukai 6. August 06:40
060814 HOUSE INTRODUCE MINING BILL
By Aloysius Laukai
The Autonomous Bougainville Government House of Representatives special sitting this morning went through first readings for the three proposed bills namely,
BOUGAINVILLE MINING(Transitional Arrangements) Bill 2014.
Second, BOUGAINVILLE SENIOR APPOINTMENTS ACT 2014 And,
PRINCIPAL LEGAL ADVISOR ACT 2014.
Parliament then adjourned to Friday for the bills to be debated and passed as Bougainville laws.
Parliament was also adjourned to allow members to complete the first Mining Negotiation Forum which started yesterday and ends today.
The adjournment was also to allow for the ABG members to attend a one day workshop on the bill at the Kuri Village Resort starting 9am tomorrow.
Today"s Parliament house was full to capacity as stakeholders who have interest in the proposed mining bill also attended to witness the parliament proceedings.
They included the National Member for Central Bougainville and Minister for Communications, JIMMY MIRINGTORO, President of the Mekamui Government of Unity, Philip Miriori, former combatants and other public.
Meanwhile, the entry into the ABG House of Representatives by the National Minister was also questioned as a member should be dismissed after missing three consecutive sittings as the last time the member was seen at the Parliament house was at the Inauguration of the second house four years ago  

060814BCL UNHAPPY WITH NEW MINING LAW
BY JENNIFER NKUI

The Bougainville Copper Limited is very unhappy with what the new mining law says and it has given notice to the National Australian Stock Exchange of its concerns.
This was revealed by the ABG minister for Natural Resources Michael Oni at the Panguna Negotiating Forum in Buka yesterday.
He said there are some Bougainvilleans who are opposing this new draft Bougainville Mining (Transitional Arrangement) Bill saying it gives too much to BCL.
The minister however pointed out that the reality is that the proposed a law will take almost everything from BCL.
Mr. Oni explained that all BCL has now is the right to negotiate for a mining lease over the old SML area.
He added that if that is taken away from them, they would have little choice but to challenge what we are doing in courts or in international tribunals which would result in long, legal costly battles.
He said the ABG is confident that they have got the balance right in the new draft law because BCL is attacking them for taking away too much from them while a few Bougainvilleans oppose them.
He then called on the opponents of the draft law to be honest because when the law is passed, it will mark a historic step for Bougainville.

Ends  

.....He added that if that is taken away from them, they would have little choice but to challenge what we are doing in courts or in international tribunals which would result in long, legal costly battles.
He said the ABG is confident that they have got the balance right in the new draft law because BCL is attacking them for taking away too much from them while a few Bougainvilleans oppose them.......

...das wird kein leichter Kampf für BCL so wie es aussieht aber  mit einer Metapher ausgedrückt : der Hut liegt (wenigstens)im Ring. Auf das Ergebniss kann man gespannt sein. ;-))))

 

https://ramumine.files.wordpress.com/2014/08/...ng-bill-20-may-14.pdf  

New post on Papua New Guinea Mine Watch
                    
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Rio Tinto’s Coup – The Bougainville Mining (Transitional Arrangments) Bill 2014
by ramunickel

Rio Tinto may have lost the battle in 1990 but, if the Bougainville Mining Bill is passed, they have won the war.

Mining BillThe key section announcing the coup is buried right at the end of the Bill. If passed, Rio Tinto's special mining lease will be converted into an exploration licence, which can then in turn be re-converted into a mining lease under the law.

Why is this a coup? Surely this is a loss for Rio Tinto? Well ...

Under the proposed law, the ONLY enforceable right landowners have is to withhold consent for the grant of an exploration licence. After an exploration licence has been granted the ABG can over-rule their wishes at all stages of the process.

So under the transitional arrangements Rio Tinto will see its lease convert AUTOMATICALLY into an exploration licence, whether the landowners like it or not. Rio Tinto has, in other words, been allowed to circumvent the one enforceable power landowners have.

As a result, once passed, the ABG will have full authority to reopen the Panguna mine with Rio Tinto at the helm, no matter what the mine-affected communities think about it. A very nice coup for Rio Tinto.

And yet despite getting its cake AND eating it too, Rio Tinto have bitterly complained that this coup is not enough.

In a press release dated 25 June 2014, its company secretary declared 'The draft Bill, in its current form, if passed into law, may adversely impact on the mining rights held by BCL'.

Can you believe it, a company which WAS complicit in war crimes believes it should not only escape punishment, but its 'mining rights' should be preserved.

And of course these rights will be preserved if the Bill is passed.

The irony should not be lost on anyone. In one swoop Rio Tinto's mining rights will be upheld by the legislation, while inversely as a result of this the human rights of all those who died to free their land from io Tinto are being denied.

Of course, certain ABG Ministers have wafted Rio Tinto's criticism over their constituents in a devious attempt to create the impression Rio Tinto have lost out.

The Mining for Natural Resources even warned that were Rio Tinto to be given the boot entirely, Bougainville would end up in international arbitration. So the killers would take the victims' family to court, because during the slaughter of their loved one a vase got broken.

But should we expect any more these days than tricks and innuendo from politicians who have failed to bring Rio Tinto to justice, and sheer arrogance from Rio Tinto who has shown no remorse whatsoever for its crimes.

The plain fact is they have not lost out , the only people who have are the victims and survivors of a bloody war to evict a company guilty of both ecocide and war crimes.

The offending section of the mining bill is included below (and it must be read in light of section 15).

   212.     SPECIAL MINING LEASES.
   (1)        This section applies to a special mining lease granted, renewed or continued in existence under the Mining Act 1992 or any other law in respect of land situated in the Autonomous Region of Bougainville and in force immediately before the commencement of this Act.
   (2)        On and after the commencement of this Act:
   (a)        the special mining lease ceases to be in force; and
   (b)        the company that was the holder of the special mining lease immediately before the commencement of this Act becomes by force of this section the holder of an exploration licence within the meaning of this Act in respect of the area to which the special mining lease applied.
   (3)        The company referred to in subsection (2) may apply under section 70 for the grant of one or more mining leases.
   (4)        To avoid doubt, section 66 applies to the grant of a mining lease.  

ramunickel | August 7, 2014 at 6:23 am | Tags: Bougainville, Environmental damage, Human rights, Landholders, Mining Law, Panguna, Papua New Guinea, Rio Tinto | Categories: Environmental impact, Financial returns, Human rights, Papua New Guinea | URL: http://wp.me/pMvf7-3yt

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Sehr clever wie sich BCL verhält...
Wie würden sich die Bewohner sonst fühlen?
Ich würde mal sagen:
Über den Tisch gezogen.....  

Me'ekamui Government of Unity
Citizens of Bougainville.
IMPORTANT MESSAGE FROM MEEKAMUI GOVERNEMTN OF UNITY PRESIDENT PHILIIP MIRIORI
All citizens of Bougainville, I ask you all to mobilise and meet tomorrow morning, Friday 8 August 2014, at 9.30am at the ABG Parliament to STOP THE BCL THEFT OF BOUGAINVILLE.
The Mining Bill drafted by the Australian Tony Regan simply hands back to RIO/BCL the entire Panguna Mine effective immediately with no of compensation.
BCL will never be allowed back onto our land. We will defend it.
 

http://www.stocknessmonster.com/news-item?S=BOC&E=ASX&N=409678  

dass ein oder mehrere Zocker mit Minipositionen auf eine Verabschiedung des Mining-Drafts setzen.

Der breite Markt sieht dies jedoch anders - ich auch: Gehe fest davon aus, dass die Verabschiedung des Gesetzes aufgrund des Widerstands einiger gesellschaftlicher Gruppen abgeblasen wird.

Paul Colemans Einlassungen zu dem Draft sprechen übrigens für sich...
 

... das "unexpected" wäre in diesem Fall die Verabschiedung.
Ich gehe auch davon aus, dass wieder mal verschoben wird.

Naja... auf die paar Monate... ;-)  

070814BCL CONCERNS MADE KNOWN TO ABG
BY JENNIFER NKUI

Two senior officers for Bougainville Copper Limited met with the ABG president Chief Dr. John Momis and his ministers last week to state their complaints concerning the new mining law.
This was revealed by the ABG minister for natural resources Michael Oni at the Panguna Negotiating Forum in Buka on Tuesday.
He said their main concerns included;
1. The value of BCL shares and the company as a whole will be reduced by losing its previous rights under the Bougainville Copper Agreement and especially the Special Mining Lease
2. It will become harder for BCL to raise loans in preparation for negotiations and operations as it would not have valid legal title
3. Without the exploration licenses, it would probably be harder to achieve a viable Panguna Project and
4. BCL feared other companies might try to get rights over its exploration License areas thus adding to the problems in achieving a viable Panguna Project
Minister Oni said the ABG ministers and an advisor responded strongly to the BCL officers and made the following points;
1. The injustice of the Bougainville Copper Agreement was the source of the terrible conflict for Bougainville and so cannot be recognized in any way in the ABG law thus BCL can only return under a new agreement
2. The BCL Exploration Licenses were approved in the 1960’s under the same unjust colonial power relations as the BCA and so cannot be recognized under ABG law and
3. No company, including BCL will be able to obtain a new Exploration License without agreement from fully representative landowner bodies  

080814BOUGAINVILLE GOVERNMENT PASSES ITS OWN MINING BILL.

By Aloysius Laukai

The Bougainville Autonomous Government this afternoon passed the controversial Mining law after a lengthy debate which included two National Governments of Bougainville.

The mining law now means that the PNG mining law ceases to apply in Bougainville and this means the Bougainville Copper Agreement also ceases to operate on Bougainville as of today.

This means that any future mining on Bougainville and including exploration would only be granted license under this law.

This law has also created history in that Landowners are now the rightful owners of their resources.

And all other interested players must now come through the ABG instead of dealing directly with the landowners.

Today's parliament sitting was witnessed by all stakeholders who have a interest in Bougainville.

The law now enables any interested groups especially landowners who want to work with their partners and register their interest either in exploration or mining on Bougainville .

The new Bougainville mining transitional law will operate until the permanent law on mining is passed by the ABG House by the end of this year.

Weiß man, wie viel (zehn)tausende Demonstranten denn heute aufmarschiert sind um Opposition zu bekunden?  

 

Wenn ich das Geheule von ramunikel lese könnte ich kotzen.
Ich wüsste gern wie groß diese "Fraktion" der Freunde von "zurück in die Steinzeit" ist.  

....dürfte um einiges größer sein. Trotzdem wird seit dieser Woche gebaut. ;-))))  

080814MINING LAW WILL STRENGTHEN AUTONOMY, SAYS MOMIS
BY JENNIFER NKUI

The ABG president Chief Dr. John Momis said during the closing of the Panguna Negotiations Forum on Wednesday that the new mining law will strengthen Bougainville’s autonomy.
He added that autonomy in the Bougainville Peace Agreement is the number one pillar which will help establish an autonomous government that is physically self reliant and one that respects the rule of law.
He pointed out to the leaders who attended the forum that autonomy is the first pillar so we have strengthened the autonomous government and it is the foundation for independence.
Chief Momis said this will be a big move when the mining law or bill is passed.
He added that members of the forum will play a big role in the reopening of the Panguna mine with Bougainville Copper Limited (BCL) or another company.
He told members of the forum that they have formal authority to give directives to the negotiating team but when they stand collectively; they will be able to prepare everything such as negotiation steps, ideas, skills, tactics, and strategy and when the negotiation time comes they will be ready.
The forum was attended by ex-combatants, ex-combatant leaders, women leaders, the ABG president and his ministers.

Ends  

Rio Tinto wins, Bougainville loses
by ramunickel
New Bougainville mining law a world first [umm, maybe not...]

Radio New Zealand

A new mining law in the autonomous Papua New Guinea province of Bougainville ensures that landowners have will [sic] own the resources on their land [well, not quite when it comes to Panguna].

The Bougainville Transitional Mining bill became law on Friday and formalises the province's control of its own resources as laid out in the Bougainville Peace Agreement.



It means that national PNG mining law no longer applies, meaning the Bougainville Copper Agreement under which Bougainville Copper ran the Panguna mine for 20 years before the civil war has been eliminated [but Rio Tinto has NOT been removed]

President John Momis says it is an historic development ensuring protection for both landowners and the mining companies [oh yes, it sure does protect Rio Tinto] they reach agreement with.

"We have now legally given the landowners the right of ownership and I think this is the first time anywhere in the world where a government legally gives the ownership to the landowners."

The President of Bougainville, John Momis.  

...unsinnigen polemischen Anmerkungen in Klammern auseinandersetzen ? ?
  Ich denke nicht. Reine  Zeitverschwendung ;-))))  

09.08.2014

Quelle : http://www.bougainville-copper.eu/news-august-2014-1.html

Bougainville Parlt pass mining bill