T R A C K I N G T H E C A M PA I G N A G A I N S T PA P UA N E W G U I N E A’ S O K T E D I M I N E

BYS T UA RT K I R S C H

A RT I C L E P R E S E N TAT I O N A N D I M P L I C AT I O N S F O R L E G A L P LU R A L I S M I N D E V E L O P M E N T C O N T E X T

Indigenous movements and the

risks of counterglobalization

Issue

Kirsch studies the modality and the effects of indigenous communities’ use of “counterglobalization” strategies to uphold their rights.

Some of the hypotheses: Is the social objective of the community affected by the

alliance with international social justice actors? How does this strategy differ from domestic strategies,

is it more effective? Can this ensure participation into ‘development’ and

preservation of traditional livelihoods ?

The case study

Political struggle of Yonggom people in Papua New Guinea, against BHP Billiton to redress environmental damage caused by the Ok Tedi mine

The case study

Political struggle of Yonggom people in Papua New Guinea, against BHP Billiton to redress environmental damage caused by the Ok Tedi mine

Ok Tedi

Largest operating mine in 1981 in PNG 18% of forex earnings of Gov of PNG Built along the Ok Tedi river

Environmental stakes

Main issue: no containment of tailings (waste), resulting in vast environmental degradation of basin

PLANNED SAND STORAGE PIT FOR PYRITE WASTE EXTRACTED FROM TAILINGS

From national to global campaigning

Domestic political and administrative remedies ineffective

‘Counterglobalization’ strategies: Participation in formal supranational

institutions (International Water Tribunal, Earth Summit)

‘Alliance’ with other indigenous movements Informal public campaigning through

International networks (NGO, Churches, academia)

Challenge to BHP in its domestic legal forum (Australia)

The legal strife

Gov of PNG responded to the suit in Australia: Compensation Act 1995: fining the use of foreign fora to seek

damages for domestic projects Ad-hoc Mining Act 1995: requiring that plaintiffs drop legal claim in

Australia for environmental damages in exchange for domestic compensation (80$)

BHP Settlement in 1996: US$ 500m, comprising compensation, tailings containment, environmental program

But the tailings containment was not implemented New suit at Victorian Supreme Court, causing BHP

withdrawal and nationalization of the mineEstablishment of Trust Company, Community Mine

Continuation Agreement, and final settlement in 2004

The impact on livelihoods

By the time of the settlement, the river basin was irreversibly damaged (agriculture, fisheries, game)

The conjugation of development or traditional subsistence proved in this case incompatible

Yonggom people’s objective shifted from environmental restoration to maximizing compensation, implying continued mine operation

Forced transition into ‘modern’ ‘cash economy’. What was the impact on identity, self-worth, cohesion as a result of the monetization in absence of local labor opportunities?

Legal significance of the case

Juridical liability of foreign corporations in their country of incorporation for foreign operations

Victorian Court recognized the rights to ‘subsistance resources’ regardless of economic value attributed by the market to them

The rights of users and not only of landowners recognized (incorporation of custom) among beneficiaries

Limitations of the legal approach (counterglobalization)

Elected officials in civil system were chosen as signatories of settlement, in spite of their lack of jurisdiction over land tenure (customary law)

The capacity of the legal system to enforce environmental restoration was limited. The Yonggom people could not escape the ‘monetization’ of environmental damage/remedy.

The capacity to use cash for development that restores livelihoods is questionable

Was the counterglobalization approach responsible for the Yonggom people’s shift of campaign objective?