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issue
101
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second quarter
2002
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industry abandons ok tedi mine in papua
new guinea
geoff evans
, director, mineral
policy institute, australia
Two things happened in February 2002
that highlight how, despite the rhetoric
about improved industry performance, real
change lags far behind.
bhp walks free from ok tedi
The first event occurred as BHP
Billiton completed its walkout from the Ok
Tedi mine in Papua New Guinea (PNG) in
February. The corporation's exit was
facilitated by legislation rammed through
the PNG Parliament late last year that sets
an appalling precedent for relationships
between transnational corporations and
national governments.
The legislation allows the mine to
continue operating with ongoing waste
disposal into the Ok Tedi River. It also
provides BHP Billiton with legal indemnity
from future claims for environmental and
social harm, and allows the company to take
as “informed consent” any person claiming
they can speak for a whole village.
The ethical values that BHP Billiton
claims to have are highly inconsistent with
the ongoing pollution at Ok Tedi, and the
company is unwilling to stop this by
matching its values with dollars. BHP
Billiton claims it argued long and hard for
early closure of Ok Tedi, but
understandably the PNG government and local
communities opposed this, fearing economic
hardship.
poisoned gift of a mine
BHP Billiton should have granted
billions of dollars to provide a tailings
solution at Ok Tedi, or alternatively
compensated the PNG government and local
communities to ease the transition and
disruption of early mine closure. Instead,
it offered the landowners the poisoned gift
of 52 percent equity in the mine for its
remaining life. The mine has now been
passed over to the ironically-named
Sustainable Development Project Company,
designed to provide long-term benefit to
local communities, but whose income is
dependent on the very mine killing the
local environment.
mmsd comes up empty
This situation shows how badly mining
industry reform is needed. Yet in February,
any faint hopes that the much-vaunted
Mining, Minerals and Sustainable
Development project (MMSD) might offer some
solutions proved misguided (also see
article previous page). The MMSD was
charged with "identifying how mining and
minerals can best contribute to the global
transition to sustainable development," and
released its final international report in
May.
Many environmental and human rights
organizations were sceptical of the MMSD,
fearing its true motives were more about
tightening the embrace between industry and
investors, lenders and insurers than about
strengthening community and government
ability to enforce environmental
justice.
we need mandatory, not voluntary
code
Sadly, BHP Billiton's actions in PNG
exemplify the ugly truth behind the MMSD's
sweet-sounding overtures about voluntary
changes. The MMSD report contains many
recommendations, but essentially promotes
the existing paradigm – ever-expanding
mining - based on voluntary self-regulatory
regimes. It also calls for the development
of a non-binding international “Sustainable
Development Code.”
Environment, labour, human rights and
indigenous organizations will also campaign
for a code, but for one that complies with
international conventions and standards,
and makes mining companies' “licence to
operate” conditional upon compliance with
the code.
contradictory message
Ironically, the MMSD report also calls
for development organizations and
international government agencies (such as
the World Bank and UNEP) to assist capacity
building in developing countries, essential
for independent regulation and monitoring.
Peter Colley, research director of the
Australian miners' union (the CFMEU) points
out that it is "both intriguing and
contradictory that a company-sponsored
initiative is saying this," given that
these corporations have led the charge for
smaller government and lower taxes. Yet
these very institutions and funds are
needed to support effective development and
regulatory programmes.
dialogue no substitute for action
MMSD calls for ongoing dialogue and
partnerships bringing together industry,
government and community sectors, and
operating at the international and regional
levels.
The Mineral Policy Institute welcomes
dialogue with industry or governments on
mining, minerals and sustainability.
However, credible dialogue requires MMSD
and corporate rhetoric to be backed up by
the industry demonstrating fundamental
changes in its practices on the ground,
commitments to mandatory compliance with
international human rights, labour and
environmental conventions and a new level
of corporate accountability. There must
also be a shift from investment in
ever-expanding mining toward investment in
a minerals future based on curbing
consumption through resource conservation,
re-use and recycling.
Of course, independent action, research
and solidarity of communities and NGOs
linking the global North and South will be
most crucial to achieving a truly
sustainable minerals future.
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