Category: Statements

  • Landowners respond to 50% sale of Porgera Mine to Zijin Mining Group

    The Porgera Landowners Association sent a letter to the head office of Barrick Gold outlining their concerns about the sale of 50% of their Porgera Mine stake to Zijin Mining Group. They are calling for Barrick to convene a high level delegates meeting with stakeholders of the Porgera Mine, including Zijin, so that these concerns can be addressed.

    These concerns include:

    • losing local employment to Chinese employees
    • losing local business if the procurement process is affected
    • severe damage to the environment
    • lack of respect for MOA commitments
    • the resettlement project could be negatively impacted
    • the Fly-in, Fly-out agreement will be undermined

    Read the full statement here.

     

  • UNPFII 14th session: Statement by Akali Tange Association and endorsed by the Pacific Caucus

    Item 4: Half-day discussion on the Pacific region

    21 April 2015

    Statement byAkali Tange Association and endorsed by the Pacific Caucus.

     

    We would like to begin our statement in addressing the fact that while we here at the United Nations talk of human rights violations in the context of the pillaging and plundering of resource extraction by businesses, foreign companies and multi-nations and States on Indigenous lands we are deeply aware of the fact that and living the reality that these human rights violations are, in fact, criminal acts being committed against us in and on our own Pacific waters and lands.

    From environmental damage, to averting of our food chains, to the importing and planting of unsustainable crops, to food insecurity, the peoples of the Pacific experience cultural genocide at the hands of extractive industries that face little to no legal recourse or actual, on-the-ground human rights or criminal law standards being met. In fact, it is as if the businesses are the ones dictating the law of the lands.

    The weakness of State governments in the supporting foreign companies from developed States entering our sacred, traditional, territorial and life-sustaining lands and resources results in the crushing of our Pacific Indigenous peoples, health, lives and well-being to a degree that is cruel and inhumane.

    Corruption and lack of political willpower permit businesses to get away with crimes ranging from murder to forced relocation and evictions, rape, organized assaults, torture and other bodily harm to our families, in our homes and through the destruction of and for our resources, alongside restrictions of media access and the labeling of our Indigenous Pacific human rights defenders and allies as criminals and subversives and often ending in their deaths.

    UN General Assembly Resolution 1803 (XVII), on Permanent sovereignty over natural resources, has stated that “violation of the rights of peoples and nations to sovereignty over their natural wealth and resources is contrary to the spirit and principles of the Charter of the United Nations and hinders the development of international co-operation and the maintenance of peace.”

    However we do not see these words being upheld in our Indigenous Pacific homelands by the very States who have agreed to this and other treaties and legal manifestations including the United Nations, including through the UNDRIP. Violence against our women and men by extractive industries committed by security guards, hired police forces, workmen, and other extractive industries employees is used as a weapon of intimidation by business forces occupying our territories and defiling our Pacific Indigenous peoples”™ self-determination.

    The violence against Papua New Guinea and its Indigenous people/s at the minds and hands of Barrick Gold and the mining industry are but one heavy-hearted, all-consuming example of the rape of both Indigenous women and traditional Indigenous territories and relations here on earth by companies manifesting from “˜developed”™ States for the benefit of the development-privileged global north and west. Indigenous landowners victim to extractive industries experience tailings into their river systems and poisoning of the very earth that is needed to sustain Indigenous life and cultures, resulting in environmental violence.

    OECD guidelines are not complied with, nor are basic tenants of Human and Indigenous Rights and needs for cultural and human survival such as land security, fresh water and foods and continuation of traditional practices. Businesses are not held accountable for genocide, cultural genocide, war crimes or crimes against humanity in the context of extractive industries, however we the Indigenous Peoples of the pacific experience that we are victims of all of these crimes at the hands of extractive industries in reality. UN Special Representative of the Secretary-General on Sexual Violence in Conflict, Ms. Zainab Hawa Bangura, has stated that “Sexual violence in conflict needs to be treated as the war crime that it is; it can no longer be treated as an unfortunate collateral damage…”, and the UN Security Council has stated that “women and girls are particularly targeted by the use of sexual violence, including as a tactic of war to humiliate, dominate, instill fear in, disperse and/or forcibly relocate civilian members of a community or ethnic group.”

    General Comment No. 14 on the International Covenant of Economic, Social and Cultural Rights issued by the ICESCR Committee in 2000 states, Article 12(4) states that “the right to health embraces a wide range of socio-economic factors that promote conditions in which people can lead a healthy life, and extends to the underlying determinants of health, such as…a healthy environment” and “any person or group victim of a violation of the right to health should have access to effective judicial or other appropriate remedies at both national and international levels and should be entitled to adequate reparation. We seek the right to begin to heal from the atrocities committed against us by extractive industries and the States that align with them, however how can we become healed and healthy again, when the atrocities have never ended? For this we reference Articles 24 and 43 of the UNDRIP, as well as the wisdom of our own sacred ways, peoples and lands.

    We watch politicians, lawyers and judges from the “˜developed”™ global north who have once championed international criminal law and justice in the highest of world courts and tribunals, such as Gabriel Kirk McDonald, then go on to be paid millions of US dollars or other currencies of “˜developed”™ States to serve as “˜human rights advisors”™ to major extractive industries such as Freeport McMoran, while these same companies then continue to, for years upon years and to this day, rape, murder and pillage and plunder the Indigenous Peoples of the Pacific. Where is our justice? Where are the tribunals giving us back our human and homeland security, lives of our peoples, self-determination and rights to our lands?

     

    We recommend the Special Rapporteur on the Rights of Indigenous Peoples investigate ways and means to clear mechanisms that Indigenous Peoples have full and equal access to and voice in and in which they can hold businesses, multi-nationals and extractive industries accountable for not only human rights violations but also criminal acts in Indigenous lands and against Indigenous Peoples in accordance with International Criminal Law and Customary Law including but not limited to crimes against humanity, war crimes, genocide, cultural genocide, and the breaching, with the collusion of States, of the very legal, moral and ethical foundations of the Charter of the United Nations and the right of Peoples to self-determination. We recommend that the Special Rapporteur on the Rights of Indigenous Peoples  coordinate with other Special Rapporteurs to undergo this investigation.

     

  • Porgera Landowners petition PNG Government with Ultimatum regarding Barrick’s intention to sell Porgera Mine

    MOA landowner protest
    Photo from previous landowner dispute over Barrick's violation to the Memorandum of Agreement (MOA)

    Today, Porgera Landowners petitioned the PNG Government with an ultimatum in response to Barrick’s announcement that it intends to sell off its stake in the Porgera Mine. According to the petition, the government has until Feb 25, 2015 to respond to the landowners request that the government deal with unresolved issues at the mine before allowing its sale.

    These issues are outlined as follows:

    1. SML Resettlement The relocation issues not being fully addressed by the Developers and the State in the due processes since 24 years of mine life as of 1989 to 2015 this year.

    2. Landowner Resettlement Issues The major resettlement issues not being addressed even though the matter was raised at different avenues. The major resettlement program is still pending with Barrick being the key player.

    3. Disposal of Tailings The PJV”™s continuous discharging of mine waste into the main riverine system especially at Anawe waste dump site and Anjolek creek are causing a serious damages to the environment, improving plants and permanent loss of traditional customary land starting from the mine site then flows into the main Kaiya and Pogema River Systems respectively. Its then proceeds down to the main Porgera River and on to Fly River system resulting in causing tension cracks with high flooding of the debrides with mixture of sands, gravels and toxic chemicals reactions are taking place. Then it also causes with huge landslides along the either sides of the riverbanks. Reference ““ Parama Association of Lower Porgera is now taking legal actions and seeking Human Rights International assistance against the PJV-Barrick Gold Ltd and Independent State of Papua New Guinea.

    4. Human Rights Currently the SML Landowners are now living within the vicinity of the special mining lease areas are seriously affected as due to air and dust pollution causing from the hauling of mine Ore body and toxic fume or steams that evaporates through the milling chimney that goes up into the air. And it really affects the human lives when drinking of rain water catchment from the tanks and other air pollutions within the PJV relocation homes and other surrounding areas of SML Porgera mine. Also a number of local landowners and domestic animals being carried away by the high flooding river currents while penning of alluvial gold along the main Kaiya and Porgera River System; a traditional or customary land owned by the Tieni, Tuanda and Kewai landowners. Reference ““ Porgera Landowners Association is dealing these matters at the high level of both government authorities and other international community”™s support and assistance.

    5. Porgera Agreement After more than 24 years of mine life there was no tangible developments were taking sharp into the relocation areas such as electricity connection into the relocation houses, access road links into the relocation villages. Also there is no proper Aid-post or Health centers and any form of educational services such as elementary to primary schools within the relocation areas of SML Porgera mine. Reference ““ The Porgera Landowners association has raised these praising issues and graveness at the various avenues during the 24 years of mining life. Thus, no formal review was done between the STATE, DEVELOPER (Barrick Gold Ltd) and Porgera Landowners Association for and on behalf of the silent majority with an estimate population of ten thousand (10 000) plus people of SML Landowners of Porgera mine.

    6. Mine Lease Issues Papua New Guinea is a land owned by the traditional landowners oppose to state ownership. We the traditional landowners own the land through inhabitants from generation to generations. The mine lease Barrick will expire in (2019) that is after three years”™ time, but, we still have the issues of permanent damages to our land and environmental damages caused due to mining operations.

    7. Socio-economic Issues The socio-economic liabilities including outstanding obligations and claims for sustainability are at stake.

    With these underlying issues which has been prolong for well over 24 years of mine life, the PJV Barrick Gold went ahead and sold out its 95% share from Porgera mine without the landowners concerns as we are the part shareholder of 2.5% and another 2.5% belongs to the Enga Provincial Government. Also the State and the Barrick Gold Ltd are well aware that we the people of SML area of Porgera mine are wholly own this customary land territories of the current mining operations are taking place. The State and the Barrick Gold Ltd had deliberately removed our rights and freedoms as part of ignorance and selling out of 95% stake to an unknown mining company. Under that circumstance we the landowners are very much frustrated and anger over the manner in which the PJV/Barrick Gold Ltd the immediate manager of the Porgera mining operation had deliberately by-passing the landowners from further negotiation on Barrick take-over. Also PJV/Barrick had left behind all the above pressing issues yet to be addressed and just wanted to sneak out. With these terms and conditions, we have no choice but to declare the mine operation to be CLOSED for indefinite period if no positive responses are coming forthwith.

  • Massive Protests in Porgera over violation to MOA agreement with landowners

    On October 28, 2014, hundreds of Porgerans marched onto Barrick Gold’s Porgera mine site to demand benefits that rightfully belong to the Porgera Special Mining Lease (SML) Landowners.

    On Oct 17, Barrick Gold was given a 48 hour ultimatum to respond to requests by landowners at their controversial Porgera mine in Papua New Guinea. The first demand, that Barrick become Party to a revised Porgera Mine Memorandum of Agreement and make a date to commence MOA review, has been the landowners “number one ask from day one”, according to a letter dated October 17, 2014 from the landowners association to Barrick management. For many years, the Porgera Landowners Association has been urging Barrick Gold for the resettlement of their people away from the Porgera mine site, through MOA reviews, and an international pressure and educational campaign including an OECD complaint and several appeals to the United Nations.

    After the protest reached the Barrick mine, the company agreed to give an answer to the landowner’s demands by Nov. 10, 2014.

     

     

     

     

     

     

     

     

  • Porgera Landowners Press Statement in response to “Illegal Miners Hit Porgera”

    This press statement is released directly in relation to a news articles read EMTV news segment and print news The National 6 February 2014 ” Illegal Miners Hit Porgera”.

    Chairman of Porgera Landowners Association, Tony Mark Ekepa says that the issues surrounding the illegal mining activity at the mine site is not a new development and the State is responsible for recent increase in illegal activities at the Porgera Mine site.

    The SML Landowners through PLOA have always maintained that this kind of illegal activity is manageable through provisions in the Porgera Memorandum of Agreement (MOA) review. The mutually agreed provision regarding resettlement is capable of addressing the problem. Steps have been taken by the stakeholders through the Porgera Mine MOA review but that review has been stalled.

    The State, through Mineral Resources Authority (MRA), is to be blamed for the recent increase in illegal mining activities for not fast tracking the MOA review. For political convenience, the State has created an unnecessary impasse on the MOA review and illegal activities at the mine site has escalated to a new level as reported by the mine operator. (more…)

  • Indigenous Landowners release report demanding urgent resettlement

    FOR IMMEDIATE RELEASE

    Contact: Mark T. Ekepa: emarktony@gmail.com, Phone: +(675) 5479428, cell: +(675) 71234467
    Jethro Tulin: jctulin@gmail.com +(675) 72817336

    The Porgera Land Owners Association (PLOA), in partnership with the Porgera Alliance released a report today detailing the case for the urgent resettlement of their people away from Barrick’s Porgera mine. The report covers the health hazards associated with living close to the mine, as well as enumerating the human rights abuses caused by mine security. The report also recounts the history of the mine’s agreements with the local community, revealing a pattern of neglect of the community’s free, prior and informed consent at nearly every stage of the mine’s development.

    This report follows investigations and reports published by Amnesty International, Harvard Law, Human Rights Watch, and the Norwegian Government all detailing the dangerous conditions near the Porgera mine. However, this report stands out as a comprehensive look at the history of the Porgera mine, from the perspective of the landowners who have led negotiations with the company.

    download report here: https://www.porgeraalliance.net/wp-content/uploads/2011/10/Urgent-Resettlement-Porgera-web.pdf

    for background, see:

    Norwegian Pension Fund Full Report on Divestment Decision: http://www.protestbarrick.net/downloads/recommendation_barrick.pdf
    Harvard Law Report on Porgera: http://www.reports-and-materials.org/Harvard-testimony-re-Porgera-Main.pdf
    Amnesty International Report on Forced Evictions: http://www.amnesty.org/en/library/asset/ASA34/001/2010/en/2a498f9d-39f7-47df-b5eb-5eaf586fc472/asa340012010eng.pdf
    Human Rights Watch report confirming gang rapes by Barrick Security Forces:
    http://www.hrw.org/sites/default/files/reports/png0211webwcover.pdf

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  • Porgera Issues Represented by Asia Pacific Caucus at United Nations

    The Asia Pacific caucus statement at the UN Permanent Forum on Indigenous Issues urged the Special Rapporteur to investigate the human rights crisis near Barrick’s Porgera mine.

    Whilst the Special Rapporteur has not yet visited the Indigenous peoples of Papua New Guinea for a country report, on 19 August 2008 a special communication was made by the Special Rapporteur regarding the situation concerning Mr. JethroTulin, the CEO of a NGO based in Porgera that has been documenting human rights violations associated with a Gold Mine there. Mr. Tulin had travelled to Canada to express concerns about the mine and on his return in August 2008 was attacked, told not to return to Canada and received further anonymous threats. The Special Rapporteur wrote to the Government of Papua New Guinea, but there was no reply. A formal complaint on other human rights violations was also filed with the Human Rights Commission by Barrick Gold of Canada who also the sought ordinance with the Special Rapporteur last year. Despite these actions, reports of gross human rights violations at the mine continue.

    Read full Asia Pacific Caucus statement here.

  • PNG Mining Minister Responds to Munk’s Statement about Gang Rape, Porgera Alliance demands Accountability


    Download this letter from the Government Mining Minister demanding apology from Peter Munk for his statement about gang rape being a “cultural habit” in PNG.

    The following is the Porgera Alliance’s response the official response of Barrick’s Gary Halverson to the outrage cause by Peter Munk’s insensitive comments.

    Gary Halverson, Barrick Asia Pacific President’s response to public outcry over Peter Munk’s statement was short sighted and bad taste (Post Courier Monday 28 2011). The facts surrounding the rapes cases at the Porgera mine site reflects a pattern of continuous human rights violations at Porgera and it was not surprise for Mr. Halverson to say Mr. Munk”™s comments taken out of context.

    How can a man of Munks standing globally, a chairman of the world”™s largest gold producer says “Gang Rape A Cultural habit” in PNG and yet, one of his deputies defend him saying he was taken out of context. We understand that Munk is a no nonsense man and he meant what he said.

    Porgera Landowners Association through Porgera Alliance rang the bell on Barrick, exposing such in-humane activities in Porgera and demanding accountability for the crimes.

    We stand with the Minister for Mining and the Government of Papua New Guinea in demanding an apology, but we deserve more than that from Peter Munk and Barrick. Rapes and other forms of human rights abuses are the culture of Munk and Barrick pattern of operations globally. The Government of Papua New Guinea must act now to hold Barrick accountable for the crimes instead of just an apology. Evidence of transnational crimes has surfaced and the government of PNG must not shy away with a shallow defensive apology from Halverson to save Munk’s ass.

    Cash for land deals by transnational under pretext of social wages can be accepted but not with the kind of taste that we have experienced so far with Barrick in Porgera.

    Ipilis, Engans and PNG in general were a civilized society before western civilization. We had rules and laws guiding our way of life, far better than Munks way of business and life. Rape or Gang rape is unheard until recent times around our so-called urban centers and we do not promote or tolerate such crimes in our rural society.

    Mark Tony Ekepa
    Chairman
    PLOA

    Regards

    Mark Tony

  • Letter to Peter Munk regarding his statement: “Gang Rape is a Cultural Habit”

    The President
    Barrick Gold Corporation
    Toronto, CANADA

    Attention: Peter Munk

    Subject: Gang Rape A “Cultural Habit”?

    We write to seek clarification of the terminology you used in the Globe and Mail saying that Gang Rape is a “˜Cultural Habit”™ in Papua New Guinea, and we urge you to prove with facts and evidence of your statement.

    The indigenous population of Papua New Guinea is one of the most heterogeneous in the world having diverse culture. Papua New Guinea has several thousand separate communities, divided by language, customs, and tradition etc. Some 800 languages spoken in PNG reflect the diversity.

    Porgera is an ancestral domain where indigenous people interact to sustain life and lived in good peace and harmony by solving problems and conflicts the customary way. Young women were kept pure to deserve a bride price while young man undergoes cultural initiation to mark strength for future challenges. We promote preserving our culture as a source of pride and prestige for our future generation.

    Your Barick Gold Corporation extracting gold in Porgera in the Enga Province of Papua New Guinea is bringing wealth and luxury for your betterment alone at the expense of deaths, rapes and beatings of local indigenous people in the pretext of development. Your mining impacts have brought pain, disunity, poverty and cultural conflict induced by your way of operation.

    You are aware that our plea for justice and relief was expressed broadly and was even presented annually by us at your AGM in Toronto since 2008, where you were present.

    Rape is not tolerable in Porgera/Enga and PNG. It is subject to a high traditional penalty of compensation or the offender may be imprisoned for a maximum term of life through a court of law.

    A Gang Rape is a new phenomenon to us since your mine arrived and is only practiced by criminals as in western cultures. The practice of gang rapes in the mine at Porgera is reflecting your criminal paramilitary type goon guard security operation system.

    You have just violated the rule of law and our customary practices by introducing gang rape through the Porgera Joint Venture mining in Porgera in Papua New Guinea and you must know that gang rape is against our culture and is a serious offence with the highest penalty in the court of law in Papua New Guinea.

    We anticipate receiving a favorable response from you soon.

    Yours truly,

    “¦”¦”¦”¦”¦”¦”¦”¦”¦”¦”¦”¦”¦”¦”¦”¦”¦..

    Mark Tony Ekepa

    Chairman ““ Porgera Alliance & Porgera Landowners Association

  • Massive Arrest – Porgera

    Dear Editor,

    This morning, the Porgera Mine Police arrested 45 local Porgerans
    along the riverine tailings while they were panning gold. This local
    landowners live in the Special mining Leased area (SML). Their homes
    have not been relocated since the mine granting the Special Mining
    Lease and the licence to mine. This people’s land ones used for food
    gardening was taken by the mine, their traditional gold panning sites
    were covered by the waste debris and sentiments from the mine, The
    mine royalty obtained quarterly is insufficient amongst the growing
    population. This people have no ways to cater wants and needs
    especially food and drinking water. Thus this entire community is
    obliged to go into the nearby mine waste tailing sites to obtain golds
    to be redeemed for cash.

    This morning as usual the entire villagers set to the tailing mouth to
    find gold and suddenly group of mine machinery police fully harmed
    arrested man women kids including school students along the waste
    tailing river and are locked up in cell. The remaining tribesman are
    demanding the mine management to release the 45 arrested. The
    villagers are blaming the mine for creating an artificial environment
    which is conditioning the people go panning gold in the mine and be
    arrested, raped, tortured and even get killed by the mine security
    force.

    The situation is at tense and more shall be reported tomorrow.

    Regards

    Koyapal Napapen