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Working Group on the 2006 Community Mine Continuation Agreements (CMCA) Review, Western Province, Papua New Guinea

Peter S. Adler, Janesse Brewer, Caelan McGee, "The Ok Tedi Negotiation: Rebalancing the Equation in a Chronic Sustainability Dilemma" August 24, 2007

Ok Tedi Mine

Memorandum of Agreement, Outcomes of the 2006/2007 CMCA Review, A New Way Forward, Step by Step. Wanbel istap 29 June, 2007

The Keystone Center is providing independent facilitation services to a Working Group that is discussing the 2006 CMCA review and other related issues. The Keystone Center is an independent non-profit public policy and educational organization founded in 1975.

As an independent facilitator, The Keystone Center, in partnership with Tanorama, Inc., is helping all stakeholders obtain results that are perceived to be fair to all, durable and stable over time, effective in their achievement and implementation, and transparent to all affected and impacted persons. Keystone is doing this by (1) establishing a pre-negotiation environment for constructive problem solving; (2) managing the process and the meetings; and (3) managing interactions between the parties as they work toward consensus. Please visit The Keystone Center's "Statement of Independence."

The first meeting of the Working Group was held in Tabubil on April 18–21, 2006. Information from that meeting, all future meetings, and other materials related to the review can be found at http://www.wanbelistap.com/.

For additional information from Keystone regarding this activity, please contact:

In the U.S., you may reach us at:

Peter Adler, President, 970-513-5841
Janesse Brewer, Senior Mediator, 970-513-5847,
Caelan McGee, Associate, 303-468-8860, extension 464

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Detailed Background

The Ok Tedi Mine has been in operation in the Western Province of Papua New Guinea since the early-1980s. The operation of the mine by Ok Tedi Mining Limited (OTML) continues to result in the deposition of millions of tons of waste rock and tailings each year into the Ok Tedi and Fly rivers.


Goals and Objectives of the Working Group

The general goal of the Working Group is:

To establish a framework within which OTML and the affected communities can successfully discuss issues of mutual interest relating to the CMCAs, and effectively agree on an appropriate future balance between the mine’s social and economic benefits, and the environmental impacts on their way of life.

Preliminarily, and subject to change by the Working Group, the objectives of the process are:

  1. To review environmental conditions in the affected areas.
  2. To develop revisions to the CMCA compensation scheme.
  3. To develop workable strategies on how the CMCAs can work together more effectively with each other, with regional and national governments, with the Ok Tedi Development Foundation, and with the PNG Sustainable Development Programme, Ltd., both before and after the mine closes.

Over the course of the year, some of the Working Group briefing and discussion topics are likely to include:

  • The development of a charter containing the agreed-upon procedures and protocols for the Working Group.
  • A review of Ok Tedi Mine’s economic, social, and environmental impacts in the Western Province.
  • A review of the CMCA’s mechanics and impacts in their regions of the Ok Tedi and Fly Rivers.
  • Current and future social and economic needs of the Western Province.
  • The building of a vision for the post-closure future of the riverine communities.
  • Making possible changes to the ways the CMCAs function and to the amounts of compensation and benefits that are managed by them.
  • and other topics to be determined by the Working Group.

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Roles and Authorities

It is understood that the OTML Board of Directors is the final decision-maker regarding revisions to CMCA compensation and that a 100% vote of the Board is necessary to make changes. The Board has encouraged the formation of the Working Group and a representative from the Board, Mr. Keith Faulkner of OTML, will participate in the Working Group meetings.

 

Stakeholder Engagement

 

It is understood and expected that all other members of the Working Group will come with the authority to represent the interests of their trusts, agencies, or organizations.

The outcomes and recommendations of the Working Group will be forwarded to the OTML Board for their final decision. If the Working Group is unable to arrive at a set of agreements or recommendations, or if the OTML Board chooses to not adopt the recommendations of the Working Group, then individual CMCAs and OTML retain the right to seek other means of resolution to issues raised in the review process.

In some cases, the Working Group may choose to make recommendations that fall outside the scope of OTML’s role vis-a-vis the CMCA review process. In these cases, the Working Group may choose to forward those recommendations to the pertinent parties or to create strategic alliances in order to meet certain goals.

Proposed Working Group Participation and Public Involvement

The Working Group is composed of the following:

  • Delegates from the nine CMCA trust regions: Suki Fly Gogo; Manawete; Kiwaba; Dudi; Middle Fly; Wai-Tri; Tutuwe; Nupmo; Mine Area. (Note: the Mine Area CMCAs do not currently receive compensation but do share in benefits.)
  • A delegate from the Fly River Provincial Government
  • A delegate from Government of PNG
  • A delegate from OTML
  • A delegate from the PNG Sustainable Development Programme Ltd.
  • An NGO delegate to representing the interests of women and children
  • An NGO delegate representing the interests of the environment
  • An NGO delegate representing the interests of church services

Additional Mechanisms for Public Involvement

The proceedings of the Working Group and the preparatory village and regional meetings are being independently observed and verified by a team led by retired Supreme Court Justice Sir Arnold Amet and all meetings are open to interested members of the public. The record of all meetings will be posted shortly on an open website and will also be disseminated via Fly Radio, village newsletters, and other means of coverage. The proposed Working Group will at all times welcome broader public input through mechanisms that may include a mailing list for interested parties, two-way communication via the internet, radio reports on Fly Radio, and briefings and meetings with Keystone or representatives from the Working Group.

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