AlleyRoderic, ‘Ethnosecession in Papua New Guinea: The Bougainville Case’ in GangulyRajatMacduffIan (eds), Ethnic Conflict and Secessionism in South and Southeast Asia: Causes, Dynamics, Solutions (Sage, 2003) 231. The upper estimate of deaths, put at 20 000, occurred during this time; however the recent survey data from the UNDP appear to support more liberal estimates: See United National Development Programme (‘UNDP’), Family, Health And Safety Study: Autonomous Region of Bougainville, Papua New Guinea – Summary Report (2015) <http://www.partners4prevention.org/sites/default/files/p4p-bougainville-report.pdf> 12–13.
2.
‘“Fiscal self-reliance” means the first year in which the revenue from company tax, customs duties and 70% of value added tax (or of a tax which replaces value added tax) collected in Bougainville is equal to the value of the recurrent grant.’ see The Constitution of the Autonomous Region of Bougainville 2004, schedule 2.2.
3.
Bougainville Mining Act 2015 s 364(2).
4.
For a summary of literature on the resources curse, see Jubilee Australia, Pipe Dreams: The PNG LNG Project and Future Hopes of a Nation (2012) 17–20.
5.
UNDP, 2014 National Human Development Report: Papua New Guinea – From Wealth to Wellbeing: Translating Resource Revenue into Sustainable Human Development, 71.
Transfer of natural resources ownership from the PNG government to landowners is a popular goal and has been repeatedly proposed by via motions to Parliament, most recently by the Governor of New Ireland and former Prime Minister Sir Julius Chan in May 2014. See, Ian Hetri ‘Sir Julius proposes amended Mining Act’ (Papua New Guinea Mine Watch, 16 May 2014) <https://ramumine.wordpress.com/2014/05/16/sir-juilis-proposes-amended-mining-act>.
15.
See Bougainville Mining Act 2015 s 8; s 165(2)–(3) for artisanal licences, s 129(2)–(3) for mining leases, s 152(2)–(3) for quarry leases.
16.
Bougainville Mining Act 2015 s 2(2), s 9.
17.
MomisPresident John, above n 11.
18.
Bougainville Mining Act 2015 s 97 sets out requirements for an application for an exploration licence. Written evidence of landowner permission is not required, whereas it is required for other tenement applications such as mining lease (s 119(1) (x)) and a lease for mining purposes (s 172(b)(viii)).
19.
Jubilee Australia, above n 13, 28–31.
20.
Bougainville Mining Act 2015 ss 329, 238(6), 329(3) and s 331 (2).
21.
Bougainville Mining Act 2015 s 346.
22.
Via Community Development Agreements – see Bougainville Mining Act 2015 s 138(1).
23.
See United Nations Declaration on the Rights of Indigenous Peoples, articles 10, 19, 28, 29, 32; also International Council on Mining and Minerals, Good Practice Guide: Indigenous Peoples and Mining, 24.
24.
President John Momis, Department of President and BEC, ‘Press Statement: Momis Criticises Jubilee Australia Report on the Bougainville Mining Act’ (17 November 2015) 3.
For instance, over 700 people from the Teop-Tinputz Community of North Bougainville signed a petition raising concerns about the ‘fascist’ elements of the criminal regime, which was presented to the ABG. See Papua New Guinea Mine Watch, North Bougainville Rallies Against Mining Act (27 May 2015) <https://ramumine.wordpress.com/2015/05/27/north-bougainville-rallies-against-mining-act/>.
CochraneLiam, ‘Dangerous Search for Gold Dust in Bougainville Continues as Mining's Uncertain Future Leaves Town in Limbo’, ABC News (18 May 2015) <http://www.abc.net.au/news/2015-05-17/the-dangers-of-gold-dust-mining-in-bouganville/6475984>. Small-scale mining currently poses health risks due to its lack of regulation and the techniques employed, including the use of mercury to separate gold tailings from sand.
33.
Michael Oni, ABG Minister for Natural Resources, Speech to the Opening Session: Panguna Negotiating Forum Meeting (Buka, 5–6 August 2014) 2.
