Back in the good old days the seeds of conflict and warfare
could be sowed anonymously by a few unscrupulous actors and the fruit of those
efforts could be born generations later in violence, bloodshed and, in some
instances genocide. One hundred sixty
years ago this Spring, an aspiring young man from Nashville Tennessee embarked
on such an adventure. Setting out with a
band of 58 armed men, William Walker sailed from San Francisco to Nicaragua
where he engaged in a set of campaigns which landed him as President of
Nicaragua one year later. Not only was
he recognized as President by the 14th President of the United States Franklin
Pierce but he found himself courted and hated by industrialists - Cornelius
Vanderbilt notably among the latter - who had designs on Nicaragua as a
possible continental crossing. Among his
more notable accomplishments was the establishment of an English speaking
pro-slavery regime in Central America.
He was shot by a firing squad in Honduras at the age of 36. The seeds sowed by Walker gave rise to
persistent tyrannical power struggles that culminated in one of the bloodiest
revolutions in the Americas.
Since the Romans and Goths recognized the strategic
placement of the region we now know as Ukraine, Austrians, Lithuanians, Russians, Poles, and Mongols all took turns
taking "control" over this strategic resource region and shipping convergence
for the Black Sea trade. Governments
across the whole of Europe and Asia made decisions effecting the inhabitants of
Ukraine while little time or attention was paid to the interest of the people
themselves. History is filled with small
mercenary bands of foreign monarchs, emperors and tsars who all arrived in, and
took temporary control of a land that had been home for nomads, farmers and
traders for over 40,000 years. Now, the
world waits on the brink of uncertainty as the entire Black Sea region sits
atop a powder-keg that could go critical at any moment.
You know about Ukraine.
You probably never heard of Tennessee's own William Walker. And I know that you've been asleep while the
next seed of future conflict was sown last week.
While we were watching bad theater in Congress,
brinksmanship in Geneva, and planes crashing, an atrocity was committed in the
Coral Sea. Architected by Adam Smith
International (ASI) - a "professional services business that delivers real
impact, value and lasting change through projects supporting economic growth
and government reform internationally" - the Autonomous Bougainville
Government (ABG) passed a Mining Act drafted by Adam Smith Institute putting in
motion the re-opening of mineral extraction in Bougainville. The Mining Act is damaging for the public
interest of the citizens of Bougainville and puts the region once torn by
mining fueled civil war on a collision course with more harm in the future. In addition to several careless typographical
errors (which evidence that no one proof-read the final copy), the Act does not
afford landowners any meaningful rights or benefits to the lease of their
land. This is not economic development -
this is colonial robbery.
The following are some of the more egregious elements of
this Act which will harm the landowners, the region and the world. And worst of all, like other lit fuses for
future harm, this one was lit while few were watching. I do want to explicitly acknowledge the
careful work of Jubilee Australia for their review of a draft of the Act (http://www.jubileeaustralia.org/2013/campaigns/notonmywatch/Mining%20Legislation%20Comment%20Feb%2012.pdf). Tragically, their input was not integrated in
any meaningful fashion. You will note
that I have reproduced my comments to the Act below but I have not included the
Act. The reason is because I want to
make the observation that the ABG, if it was serious about transparency, would have
published it for public comment PRIOR to its passage. Priest turned President Grand Chief John
Momis appears to be more concerned with his near term political fortunes than
the future of his countrymen and women.
Critique of the Adam Smith Institute draft ABG Bill for:
AN ACT Entitled Bougainville Mining Bill 2014
Section Critique
1 (2) Exploration and Mining Purposes
are declared to be "public purposes".
This definition has profound implications as it may conflict with the
Organic Law rights accorded to landowners which state that landowners have the
stewardship of their Customary Land.
1 (3) Compulsory seizure of land is
inconsistent with the PNG Constitution and the Organic Law, neither of which
are suspended under the Bougainville Peace Agreement and both of which are
unacceptable.
3 (1) While an exploration license
holder is required to develop a community engagement plan, this plan is NOT subject to
community approval under the section 3 definitions.
10 The penalty for the
influencing of a tender is K1 million and up to ten years in prison - the
monetary penalty is nowhere near appropriate.
14 The rights of landowners are
set for in the Mining Lease approval section in §108 which makes no reference
to the Exploration Lease phase. In other
words, this document does NOT provide a mechanism for the landowners to block
the Exploration Lease phase of a project.
While §34 provides for "landowner permission", there is no
suitable consultation mechanism.
20 This section is in conflict
with the Constitution and the Organic Law and should be fully removed.
26 (4) (a) The idea that a law would be written
that says that a person as no "major criminal records" is not
acceptable. The issue is not the
existence of a "record". An
appropriate law is that the person has not be charged with or found guilty of
felony or misdemeanor charges in any court of competent jurisdiction. This provision allows criminals to operate in
the Autonomous Region! By the way, this
clause is inconsistent with the more appropriate language in §81 (2)(a) which
conforms to a more conventional standard and is much more consistent with
international standards.
35 - 36 The Bougainville Executive Council
is essentially taking full control of the landowner associations, Customary
provisions and all elements of Constitutional and previous Organic Law. The Bill states that the BEC may
approve from time to time one or more landowner organizations and
provides NO mechanism for the public to directly influence the BEC's
decision. In short, the public interest
is entirely subject to the whim of the government and there are no provisions
for citizen redress in any form.
38 While a qualified landowner
organization must have K500,000, there is no mechanism to insure that these
funds are available to the organization.
In other words, for landowners to have a voice, they must come up with
K500,000 or be beholden to someone who provides them with such funds. This is a recipe for - if not a guarantee of
- rampant corruption.
42 (7) (a) This provision of a 5% equity fee MUST
be in a liquid traded equity on a recognized exchange - not in a subsidiary or
illiquid company in which no material benefit is monetizable. In short, the SENIOR MOST REPORTING interest
must be the provider of the equity stake or the publicly traded vehicle on an
internationally recognized exchange. This
cannot be equity in a local, illiquid entity established by the consolidating
company.
43 (1) This clause gives the ABG
unrestricted power to comply with or ignore this ACT and gives the ABG
uncontrolled power to act unilaterally.
This is immoral and unethical.
100 This is an unusual
provision. If there is an interest in multiple
projects, limiting the country to 2 major mines is of interest to mining
companies but not to the economic development of the country!
104 The ABG and any other party
should be able to acquire equity in liquid, traded equities - not the customary
practice of buying illiquid shares subsidiary companies. This provision is NOT in the public interest
and should not be capped at 20%. In
Mongolia, for example, it's taken over 8 years to get to a 51% ownership
interest in the Oyu Togoi project. This
shouldn't be repeated here in Bougainville.
116 Employment should be based on
% of total payroll monetary distributions, not number of employees. This type of provision allows expats to take
small numbers of jobs but be highly compensated while locals gather little
benefit.
123 Both the compensation and the
penalties for non-compliance are far below international averages.
131 Mediation is fine for civil
complaints but should be waived in the event of tax or criminal violations.
139 Adam Smith International
didn't proof-read their own act and it contains a typographical error.
One day our grandchildren can ask about how the resources war
in the Pacific began. We can shake our heads
and say, "No one saw it coming." But here's the trouble. We did! Sleep well because the nightmare in your head is
something that you can distract with a goofy cat video on YouTube which can get
5 million views while humanity can't get one.
The Mountain Home of my Dear Friends in 1966:
The Mountain Scourge in 2015:
The Mountain Home of my Dear Friends in 1966:
The Mountain Scourge in 2015:
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