By Solomon Aplas 

Papua New Guinea’s Sepik River communities file human rights complaint against Australian company PanAust over its proposed Gold-Copper mine 

Today, 2,638 people from 64 villages along the Sepik River in Papua New Guinea have filed a complaint with the Australian Government against Brisbane-based PanAust Limited, for failing to obtain their consent to the proposed Frieda River Mine. If built, the mine would be the largest ever in Papua New Guinea and among the largest mines in the world.  

The complaint, filed with the Organisation for Economic Cooperation and Development (OECD) Australian National Contact Point, argues that the proposed mine poses a serious risk for communities living on the Sepik River.   

The mine, proposed to be built in the headwaters of the Sepik River, includes a tailings dam estimated to be twice the size of Sydney Harbour, to be built in one of the most seismically active regions in the world. A failure of the tailings dam would cause environmental destruction and chemical contamination of the river, food and water sources and sacred sites, and result in loss of human life. 

The complaint asserts that PanAust and its subsidiary, Frieda River Limited, failed to get consent from the Sepik River communities for the mine, despite its potential to cause them catastrophic harm. This violates their right as Indigenous peoples to give their Free, Prior and Informed Consent to developments that affect them. 

The complaint also argues that PanAust has failed to properly assess the environmental impacts of the project. Expert reviews of the project’s Environmental Impact Statement in 2020 found it did not adequately assess the impact of the project on water catchments, and that it is missing vitally important information about the impact of a dam break on downstream communities.   

The complaint was lodged on behalf of the affected community members by local organisation Project Sepik Inc and Australian NGO Jubilee Australia Research Centre.  

The complaint asks PanAust and its subsidiaries to pause all further mine development as all affected communities do not currently consent to the mine. It asks the company to undertake independently monitored consultation with all potentially affected communities and commit to discontinuing its plans for the mine if all affected communities do not give their Free, Prior and Informed Consent.  

Emmanuel Peni, Coordinator of Project Sepik Inc, said: “The communities have been resisting ever since plans were made to build a mine. The Melanesian governance of the land and water through the Supreme Sukundimi Declaration declared a total ban on the mine. United Nations Special Rapporteurs are also asking questions. PanAust must listen to and respect the views of the Sepik River communities.” 

Dr Luke Fletcher, Executive Director of Jubilee Australia Research Centre said: “We are bringing this complaint to the Australian National Contact Point because the communities along the Sepik River have not had the chance to exercise their right to Free, Prior and Informed Consent. Those communities have the right to have their voices heard and to decide what happens on their land. The Sepik River communities have clearly voiced their concerns about this mine, but so far, those concerns have fallen on deaf ears.”  

The development of the complaint included a consultation with 51 Haus Tambarans (‘spirit houses’) along the River – which are important centers of spiritual, cultural and administrative governance – in April-May 2021.  

In October 2021, Project Sepik teams travelled from village to village along the Sepik River, gathering signatures from members of the communities after explaining the role of the OECD National Contact Point and sharing the proposed content of the complaint. 

“The attendance of the people was exceptional, the support was great. I was excited to work with the Chiefs of the Haus Tambarans to inform the people and collect their signatures for the complaint letter to OECD National Contact Point” reported Florence Tangit, leader of the team that travelled to the Upper Sepik River. 

You can read the complaint here. 

http://Savethesepik.org/sepik-human-rights-complaint

The government has been urged to ban deep sea mining in Vanuatu.

Peak bodies representing the civil society in Vanuatu, have reiterated their call to the government to ban seabed mining through a petition yesterday.

The petition was presented by the President of the Malvatumauri National Council of Chiefs (MNCC), Chief Willie Gray Plasua, to the Commissioner of Mines, Camillia Garae.

This latest call came during the final consultation meeting of the draft National Mines and Minerals Policy convened by the Geology and Mines Unit of the Ministry of Lands and Natural Resources at the Chiefs Nakamal in Port Vila.

The petition was presented to Garae at the conclusion of the meeting.

Chairman of the Vanuatu Association of Non-Government Organisations (VANGO), William Nasak, and representatives of the Vanuatu Christian Council (VCC), Vanuatu National Youth Council (VNYC) and all peak bodies representing national civil society witnessed the petition presentation.

The petition noted that in 2014, when the government undertook its first national consultation on seabed mining, it found that people wanted the government to adopt a precautionary approach and did not want seabed mining to happen in Vanuatu. 

 In 2017, the petition further noted, the Vanuatu National CSO Resolution on Sea Bed Mining, signed by MNCC, VCC, VNCW, VNYC, VANGO, Media Association of Vanuatu (MAV), Presbyterian Church of Vanuatu (PCV) and other organizations.

They called on the government to ban all seabed mining activities now and including the future granting of titles permitting exploration for minerals or mining and the issuing of authorizations permitting seabed mining activities. Earlier this year, the same organizations along with many other Vanuatu NGO’s signed the regional “Pacific Blue Line” petition, which stated that “we call for a total ban on DSM within our territorial waters and in areas beyond national jurisdiction”.

The document known as Mines and Minerals Policy of Vanuatu, the draft for discussion which the Government is currently consulting on, includes a section on Deep Sea Mining. 

The petition presented yesterday reiterated that the people of Vanuatu do not want seabed mining to happen any time now or in the future. 

 The government is petitioned to make this position clear in the final Mines and Minerals Policy, which should categorically state that seabed mining is completely banned in Vanuatu.

Garae said the current consultation aimed to address loopholes in the current mining act which was first introduced in 1986 and only covers licensing, prospecting and exploration licenses, procedures and the royalty payment.

"Nothing else is captured within the current mining act such as there is no mention of environment, protection and fiscal regime on how the country can get revenue out of the mining activities", she said.

She said some mining licenses were granted before the independence of Vanuatu in 1980.

Garae said currently there are 150 deep sea mining granted by Vanuatu government