http://www.postcourier.com.pg/20080626/thhome.htmThe issues of Minerals Resource Authority and the Bogenvil Resource Development Corporation have far reaching implications on the future of the people of Bougainville.
What’s the BRDC deal?
I am compelled to respond to a number of articles which appeared in the Sunday Chronicle of June 10 and 18, notably by James Wanjik and Dominic Sengi.
Both these two articles emphasis substantive dissertation of what I can only describe as unjustified attacks on the legal standing of the Mineral Resources Authority (MRA), a state instrumentality established by an enactment of the national Parliament.
There is absolutely no doubt whatsoever about the legal validity of MRA.
It is a legally constituted statutory authority of the state and has legal basis to exercise the functions vested with it.
As far as is understood by the people of Bougainville these personalised attacks on the integrity of MRA continues to obscure the intent of the 15 stage transfer of mining, oil, and gas functions and powers from the National Government to the ABG, and of course the Bougenvil Resources Development Corporation Exploration and Mining Agreement.
The purpose of this statement is not to argue the MRA issue but to point out the real implications of the BRDC deal as is felt and understood by the people of the Autonomous Region of Bougainville.
These issues have far reaching implications on the future livelihood of the people of Bougainville rather than your personal feuds with MRA.
You are encouraged of course to seek recourse of the courts if you feel so hard done by the issue of MRA.
As far as is understood, BRDC, for reasons only know to the Bougainville executive council has been granted exclusive rights to undertake mineral exploration and exploitation through the BRDC Agreement for a paltry sum of $US35 million. This has been granted without adequate consultations with resources owners in Bougainville.
How then can you continue to portray the image that this initiative has the support of the vast majority of the people of Bougainville?
The simple fact of the matter is that it does not have the backing of the people of Bougainville.
At least not until it is tabled in the floor of the Bougainville House of Representatives where the duly elected leaders of the people of Bougainville will either accept or reject it outright.
Being a lawyer and as you have persistently been claiming, advisor to the late President Kabui and Bougainville executive council, then perhaps you are no doubt in a position to clarify to the people of Bougainville the following issues;
* The extent to which the current executive arm of the Autonomous Bougainville Government can bind any future actions of decision of a future executive or the legislature of the ABG through any agreement. If you were a lawyer of any substance you would know that the actions of this executive arm of the ABG to supposedly bind future actions of any future executive or the Bougainville House of Representatives is clearly unconstitutional and can be challenged in a court of law.
* What protection does the ABG have in a situation where the ABG chooses not to honour the Agreement, or were to be prevented from doing so by legal action by others who are not party to the Agreement.
* Why does the agreement operate to limit the ability of landowner’s freedom to enter into contract with other companies other than BRDC? As far as one can imagine this agreement is a prelude to unjust deprivation of the natural resources of the ordinary people of Bougainville.
* What are the obligations of BRDC, in particular Invincible Resources Corporation? Perhaps you would like to shed some light into this issue, because the agreement does not clearly define what the obligations of Invincible Resources Corporation are.
* Analysis of the capacity of Invincible Resources Corporation to facilitate BRDC meeting its obligations under the agreement bearing in mind that Invincible is the only shareholder in BRDC with any claim to having capacity to undertake mineral exploration and development.
Finally, the people of Bougainville would appreciate if the both of you left the issues of BRDC and the transfer of mining, oil and gas functions and powers from the National Government to the ABG alone.
There are capable lawyers and other learned professionals available here on Bougainville who are adequately qualified and experienced to deal with the issues.