3 June 2020

EXECUTIVE SUMMARY

In 2019, proposals were made by the Autonomous Bougainville Government to amend Bougainville’s mining laws.

The new legislation aims to develop a new mining regime in Bougainville that grants ‘Special Bougainville Exploration Licences’ or ‘Special Bougainville Mining Leases’, to a new ‘Special Bougainville Entity’.

[...]

If the legislation is passed, the new regime would effectively override current legislative requirements and protections available to communities and the environment under the current Act.

Rights that could be potentially violated by this proposed legislation include the rights to:

• adequate food and housing;
• water;
• work;
• be free from arbitrary or unlawful interference with privacy, family and home;
• the rights of indigenous people to cultural integrity and associated protections with respect to their land;
• rights to self-determination;
• free, prior and informed consent;
• the right to life.

The amendments also do not adequately protect landowners’ rights to free, prior and informed consent....

The amendments may also violate various principles of international environmental law, certain human rights and environmental treaties and principles of customary international law.

[...]