Interessant ist die Erwähnung der section 23, hat jemand mehr Informationen darüber.
Anscheindend scheinen sich die "anderen" Interessengruppen auf diese section 23 zu stürzen.
The Second Bougainville Crisis!
Quelle: The National, 26.3.2013
In a news report on the front page of Post Courier on March 18th, 2013 under the headline "Momis warns on foreign miners", the ABG under the late President Kabui was referred to as "ministers in that government" we are compelled to clarify some of the issues that were misrepresented in the article.
First of all, we are astounded that the president and certain ABG members are prepared to do away with section 23 of the Bougainville constitution. Section 23, which instructs the return of the stolen rights of resources to the customary landowners, embodies everything Bougainville fought for. It is the foundation for an independent Bougainville. Section 23 was also the "seal" to the 2001 peace agreement.
Resources to be auctioned by ABG
The stage is being set for the 2nd Bougainville crisis by the current president, Momis. His proposed mining policy ignores section 23, and, what he proposes is unconstitutional. He takes ownership and control over resources into his office. Furthermore, the policy provides for the president to auction off the resources by tender. The issue is no longer about mining. It goes to the foundation of the constitution.
The president is getting bad legal advice
We hear from officers high up in the ABG (...) that the mining and legal departments had no input into the drafting of Bougainville mining policy; that it has come directly from the president"s office and his Australian advisor. (...)
BCL has no legal standing on Bougainville
The ABG is openly promoting BCL to get back on the island. (...)
Where is this pro-BCL movement coming from? Bougainville certainly owes BCL nothing. It is the other way around. Most Bougainvilleans think that BCL owes Bougainville billions of dollars! (...)
Nowhere in the peace agreement or the constitution is the Bougainville Copper Act cited. Section 23 returns the resources under the special mining lease back to the Panguna customary landowners (...)
Minorities becoming majorities
We hear from the president that only a minority of the people of Bougainville don"t want Panguna to reopen; (...)
Observation: He should be very careful using the word "minority"; (...) Information on the ground is that "minorities" are becoming majorities as Bougainvilleans become aware that the ABG intends to allow total control of mining and ownership by president"s office. (...)
Trashing section 23
We hear that the ABG plans to justify trashing section 23 of the constitution by saying that the joint ownership scheme does not deviate from the constitution and therefore it is non-justiciable (...).
Observation: (...) The joint ownership ABG scheme will be challenged under section 206 on the grounds that it is unconstitutional (...).
Morumbi and the Kabui Model
(...)
Observation: We are familiar with the Kabui model and helped implement the BRDC Act. The Kabui model was heralded by overseas investors in London and New York at that time. We are aware of one of the companies referred to, Morumbi, and it is carrying out valuable work on Bougainville consistent with the Kabui model and the BRDC Act. It recognizes, as did Kabui, that the resource owners from time immemorial owned the resources on their customary land. They recognize that the resource owners are to be the sole holders of exploration and mining licences through section 23.
What Morumbi is doing is improving the lives of Bougainvilleans now, and that, in anticipation of the resumption of mining activity on the island, they will be invited to participate if the landowner company proceeds to undertake exploration: (...) [Beispiele]
Momis must stop 23 or it stops him
It is surprising to see ABG on such a brazen and open collision course with its resource owners, ex-combatants and the citizens of Bougainville. They show contempt for the struggle that the Bougainvillean people went through. (...)
Bougainvilleans are asking the question – why is the ABG doing this? We know by the ABG"s admission that it has pledged Panguna to BCL. But there must be more to it than that. We can only speculate. Seven MOU"s were signed by Momis early in his term reportedly with China. (...)
Submitted by Mathias Salas; former minister for finance, mining, lands & planning, and Joe Watawi; vice president and minister for commerce, trade & industry in the first ABG government.
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