Report - Office of the High Commissioner on Human Rights

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Our people were inexperienced and powerless against <strong>the</strong> powers and might <strong>of</strong> <strong>the</strong> governments <strong>of</strong> Australia, Papua New Guinea, who were colluding with Conzinc RioTinto. They were disempowered and stripped <strong>of</strong>f <strong>the</strong>ir natural and human rights, as enshrined in <strong>the</strong> United Nations Universal Declaration <strong>of</strong> Human Rights. One <strong>of</strong> <strong>the</strong> “fallacies” was that <strong>the</strong> “Crown” (which has unfortunately been inherited by <strong>the</strong> government – PNG) “owned all <strong>the</strong> minerals found on and under customary land in Bougainville” for that matter also anywhere in Papua New Guinea. But this was against <strong>the</strong> customary land tenure laws <strong>of</strong> <strong>the</strong> people where <strong>the</strong> people own <strong>the</strong>ir land and everything that is on it or under it, including <strong>the</strong> reefs and <strong>the</strong> sea. A fur<strong>the</strong>r 32% <strong>of</strong> Bougainville’s most fertile land was also cultivated by foreign interests and establishing some <strong>of</strong> <strong>the</strong> biggest coconut and cocoa plantations in <strong>the</strong> pacific region – since <strong>the</strong> German colonial period. A decision made in distant Port Moresby (capital <strong>of</strong> Papua New Guinea) without <strong>the</strong> knowledge <strong>of</strong> <strong>the</strong> landowners in Bougainville was based on <strong>the</strong> 1928–1966 Mining Ordinance. Under <strong>the</strong> terms <strong>of</strong> this Ordinance: • Access to native land could be granted by <strong>the</strong> Administration – without reference to <strong>the</strong> owners, that is <strong>the</strong> traditional landowners; • A Prospecting Authority (PA) or such a license is granted for a specified area on traditional and customary land where <strong>the</strong> miners will prospect; • A Prospecting Authority in turn directs <strong>the</strong> company to pay an annual fee to <strong>the</strong> Administration (i.e., <strong>the</strong> government) but not to <strong>the</strong> traditional landowners; • In fact <strong>the</strong> said Ordinance did not even have any provisions whereby such a fee could be paid to <strong>the</strong> traditional and customary landowners whose land was occupied; • The authority fur<strong>the</strong>r permits, prospecting for gold or a specified mineral or minerals on any land not o<strong>the</strong>rwise excluded by <strong>the</strong> Ordinance, subject to such conditions <strong>the</strong> Administrator thinks fit and specifies in <strong>the</strong> authority. A prospecting authority could not cover and area exceeding 10,000 square miles (25,899 square kilometres) and <strong>the</strong> terms <strong>of</strong> <strong>the</strong> authority was normally for up to two years (Mining Ordinance 1928 – 1966). The Panguna mine began commercial operations in April 1972. For <strong>the</strong> CRA mining company, its shareholders and <strong>the</strong> Papua New Guinea Government, <strong>the</strong> mine was a multi-million dollar earner. For <strong>the</strong> Bougainville landowners it was an environmental disaster. According to Paul Quodling, <strong>the</strong>n managing Director from 1956 to 1987 stated quite clearly that <strong>the</strong> land on which <strong>the</strong> copper ore was dug out from would be lost for ever, and would be replaced, most likely, by a man-made Crater Lake. Some 50 percent <strong>of</strong> <strong>the</strong> solid waste was also systematically stacked in a nearby valley and <strong>the</strong>se waste dumps added some 300 hectares <strong>of</strong> flat land for <strong>the</strong> extension <strong>of</strong> mine facilities. Over a billion tonnes <strong>of</strong> poisonous tailings from <strong>the</strong> mine was dumped straight into <strong>the</strong> Kawerong and Jaba Rivers. Alternative methods <strong>of</strong> dumping <strong>the</strong> poisonous tailings such as tailings dams were considered by CRA mining company but ruled out because <strong>of</strong> <strong>the</strong> high seismic activity in <strong>the</strong> area. A pipeline transport was also considered by <strong>the</strong> company to dump <strong>the</strong> poisonous tailings into <strong>the</strong> sea but was rejected on technological and financial grounds. Ei<strong>the</strong>r way would have not made any difference in <strong>the</strong> destruction and pollution <strong>of</strong> <strong>the</strong> environment. EXECUTIVE SUMMARY 145
The tailings contained heavy metals such as : • copper • zinc • cadmium • mercury • molybdenum • sulphur • arsenic • mercury The systemic effects <strong>of</strong> cadmium include: • fatal illness • severe breathlessness • lung and kidney damage • anaemia and • adverse reproductive effects The early symptoms <strong>of</strong> mercury poisoning include: • psychological and emotional disturbances • tremors • kidney disease • nerve degeneration and <strong>the</strong>y also have adverse reproductive effects • Before <strong>the</strong> mine even started hundreds <strong>of</strong> hectares <strong>of</strong> forests were poisoned <strong>the</strong>n chopped down and burnt • Whole forests died • Birds, flying foxes and possums disappeared • The Panguna valley was turned into a huge crater. By mid 1971 <strong>the</strong> naturally clear rivers were already silted, had increased in size and intensity and widened causing blocked stream flows in many places, flooding and new swampland. The toxic wastes were carried down <strong>the</strong> Jaba River to <strong>the</strong> coast, leaving a trail <strong>of</strong> death 35 kilometres long. The Banoni people lived on <strong>the</strong> coast near <strong>the</strong> mouth <strong>of</strong> <strong>the</strong> Jaba River before <strong>the</strong> river widened. The poisonous tailings sediment flowing from <strong>the</strong> Jaba River into <strong>the</strong> bay increased <strong>the</strong> size <strong>of</strong> <strong>the</strong> delta from 65 to 900 hectares and spread silted water far out from <strong>the</strong> shore, with some known or suspected lethal effects on marine life up and down <strong>the</strong> coast. The fish in <strong>the</strong> rivers developed ulceration and died. In Bougainville forced eviction and displacement is a very big issue that has been completely overlooked by <strong>the</strong> Governments. It is in our Bougainvillean culture that land is passed through <strong>the</strong> women’s line, being a matrilineal culture, different to <strong>the</strong> cultures <strong>of</strong> those who have come and evicted <strong>the</strong> true landowners, being <strong>the</strong> women <strong>of</strong> Bougainville. 146 WOMEN’S RIGHTS TO ADEQUATE HOUSEING AND LAND
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Proceedings of <st
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Author: Editors: Publisher: Design
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List of Acronyms a
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Preface The Fiji Consultation on wo
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fertilization of w
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8. Annexes Annex A: List of
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• To enable participants to artic
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Recommend that donors implement gen
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To meet these obje
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Each consultation provides a unique
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2.4 The Elements of</strong
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There are ten steps to the<
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Participants used the</stro
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- ensuring the “
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- Implementation bodies (e.g. UNDP,
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Palestine - Habitat International C
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of the</st
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“In the Cook Isl
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The peace talks focused primarily o
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diseases (STDs), HIV/AIDS etc; <str
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I look at myself, at us and wonder
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That rainbow shirt you wear hurts m
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• Discriminatory laws (e.g. penal
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“In the Solomon
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“A woman and child left home to c
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“Aloha from my fathe</str
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Even where formal laws exist, peopl
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at the time. I cha
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Case study In the
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It is also important to note that v
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• Change men’s attitudes toward
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decision-makers to raise th
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7 Conclusion The consultations bega
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56 WOMEN’S RIGHTS TO ADEQUATE HOU
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15. Filipo Masaurua Regional Rights
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the meaning in no
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12:30-1:30 Using the</stron
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Consultation Dinner DAY FOUR, 15 Oc
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Legal Sources of <
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Over-riding Principles Internationa
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Gender Differences: Common heritage
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Preventative measures: Goals <stron
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What is Secure Tenure Entry Point t
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Access to Adequate Serviced Shelter
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Themes emerging from the</s
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Working with civil society Mobilisi
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members burnt the
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Since 1995 they ha
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The funding for the</strong
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Reginald Kipe, Vanuatu Vanuatu is c
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Actions/Interventions - - More lega
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Case study 2 - rural women migratin
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208 WOMEN’S RIGHTS TO ADEQUATE HO
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“It has been important to listen
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Report - Office of the High Commissioner on Human Rights

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