SMLOLA & RTG WIN IN THE SUPREME COURT OF VICTORIA HAS A RECENT SUPREME COURT JUDGMENT & THE FOCUS ON RIO TINTO'S TREATMENT OF INDIGENOUS PEOPLES THROUGHOUT THE WORLD, CAUSED A DIFFERENT APPROACH TO THE PANGUNA'ENVIRONMENTAL DAMAGES QUESTION? After 30 years of constant denial of any responsibility for the Legacy Issues by Bougainville Copper Limited ("BCL") who owned the Panguna mine, and Rio Tinto who operated the mine and controlled BCL, it seems the winds of change may finally be blowing, if rumours from Bougainville are right. Are they trying to rush out a settlement before the real stakeholders have had a say to minimise their exposure and move on? The Human Rights Law Centre does not have our mandate, they are working with a small, and highly secretive group of Bougainvilleans - but we want to help find a solution that will be fair to all parties, one that is commensurate with the extent of damage and harm done by Rio and BCL. It is the members of the Special Mining Licence Osikaiyang Landowner Association (SMLOLA) who suffered the most, it was their lands that were totally destroyed and it was their communities that were forcibly removed. A recent Supreme Court in Victoria decision has found extensively against BCL. This included that BCL was responsible for the Panguna Legacy Issues. There are numerous references in the recently handed down Supreme Court Judgment where the Court holds BCL responsible for the Legacy Issues including; Paragraphs 21, 238, 239, 247 and 248, acknowledging the BCL 'legacy issues were real and burdomesome and a simmering source of resentment'.1 BCL and Rio Tinto have always denied any responsibility for the Panguna Legacy Issues. This is the first time ever a Court has held BCL, which was a subsidiary of Rio Tinto at all relevant times, responsible for the Legacy Issues. This changes the fundamental legal position with respect to accountability. At the same time Rio Tinto is also under growing global corporate governance pressure to improve their relationships with indigenous peoples. This comes after the Chairman, the CEO and the head of its most important business unit, all lost their Jobs over Rio Tinto's destruction of the Juukan Gorge Caves in Western Australia, a site of deep cultural significance to the local Aboriginal community - the traditional owners of the land upon which Rio mines. It seems that BCL is quickly trying to do some limited "social mapping" after not doing it 50 years ago and which was a source of conflict as their chosen "block representatives" did not fairly distribute the minimal BCL payments equitably to the community, but in many cases pocketed the money for themselves. Also, it now seems that BCL is also trying to do an environmental audit on the very damage it caused. Mr Philip Miriori said "If this rumour is true, that BCL intends auditing its own environmental damage, SMLOLA will oppose their involvement on principle. BCL caused the environmental damage and the assessment needs to be conducted completely independently of the wrongdoer." Responding to rumours BCL is also trying to settle its liability for past environmental damage, the forced removal of families and the issues arising from the conflict, Mr Philip Miriori said, "I am not in the least surprised the rumours are that BCL is hurriedly trying to settle its obligations with an offer of compensation to the ABG. The Panguna Landowners have been proud to have been at the forefront of holding BCL & Rio Tinto accountable for 30 plus long years." "The members of SMLOLA welcome the findings of the Supreme Court, and in particular that SMLOLA is the dominant or relevant Landowner Association and that it will be its members who determine whether access will be granted or denied over the land contained with the Special Mining Licence (and in which the mineral resources of Panguna are contained)." "It is ironic that the Supreme Court's views on the BCL Legacy Issues arose out of litigation BCL itself initiated in Melbourne, Victoria and whilst being represented by Rio Tinto's Melbourne based, 30 year long Bougainville legal team of barristers and solicitors." BCL and its 4 associates have launched a barrage of litigation against SMLOLA and its members - no fewer than seven cases.Mr Miriori said, "BCL and its associates have lost every one of those seven cases, with costs being awarded against them in every case, and in two instances the superior courts of PNG found it was an abuse of Court process. None of these cases had any merit." Philip Miriori SMLOLA Chairman
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