Karabuspalau Kaiku 4 hours ago Stop Seabed Mining in PNG Drafting Committee Date: Friday November 15th, 2013 Venue: Partners with Melanesian Inc., Port Moresby Time Started: 2:50pm Time Ended: 4:07pm Participants: Wenceslaus Magun, Patrick Kaiku, Pastor Albert Rovi, Kenn Mondiai and Damien Ase The Chair, Wenceslaus leads the discussions. The Chair and Kenn acknowledge the presence of Pastor Rovi from the PNG Council of Churches (PNGCC), influential to the cause of stopping seabed mining in PNG. The Churches participation in the Drafting Committee and throughout the course of the campaign to stop seabed mining is welcomed. The discussions begin with a brainstorming session. Ideas are generated on the most pertinent directions to be undertaken, and are listed on the whiteboard. These are are: 1. Vote executives and formalize this group – discussing the Constitution 2. Minutes from first stakeholders meeting – Secretary 3. Counsel – Yariyari Lawyers? EDLC? 4. Account – New Account?/ How much money is needed?/ Fundraising – who/how/what/when 5. Awareness – what/who/how/when 6. International NGOs willing to support us 7. Official representative for group to media, etc. In considering the first agenda, Kenn provided his experience at the Community Coalition Against Corruption(CCAC). He maintains that legal actions are normally undertaken by formal groups who are said to have standing in the community and who have a specific agendas acting in the public interest. The pathway for a legal challenge against Nautilus and the State would therefore require some level of formalization of the coalition of stakeholders taking up the fight to stop seabed mining in PNG. Wenceslaus proposes that the Executive of the Stop Seabed Mining in PNG be voted during the Friday, November 29th second stakeholders meeting. A legitimately voted executive for the campaign will formalize efforts to address the seabed mining issue via legal intervention. The second agenda includes a brief run-down of the minutes of the first stakeholder meeting of Friday, November 8th, 2013. Patrick gives a brief presentation of the salient discussion points of that meeting. In his brief, the recurring agenda…..How we are going to do it to stop seabed mining? Third on the agendas list was the question of legal representation. Who will take up the legal challenge on behalf of the peoples of the impacted communities and concerned citizens of PNG? In terms of the legal challenge, the Drafting Committee unanimously recommend that CELCOR work with counsel, Damien on taking on the legal action, with support from civil society partners and other relevant stakeholders. For the purposes of continuity and in recognition of the engagement of Damien since 2012 in seabed mining project in PNG, it is logical in this instant to have his participation in this case. Furthermore, it was resolved through consensus that the offer of assistance by the Environmental Defender Law Center (EDLC) be formally accepted. Damien recommended that the EDLC can work with local counsel in any foreseeable legal action. Damien raised some questions for consideration in the proposed legal action: Who will be the plaintiffs? What findings will be used? What substantiating evidence is available? Who will be responsible for refunding Nautilus for its initial investments in the project? The fourth agenda includes the need to have an account to carry out associated activities in stopping seabed mining in PNG as well as paying for legal services. Damien gave three scenarios for the creation of an account for the group. Firstly, an account could be created and managed by partner organization outside of PNG. Contributions to this overseas account is made by Papua New Guineans and disbursed when specific expenditures priorities are vetted by the Executives of the group. The second option would include an existing NGO or civil society group managing the account with board members of the NGO or civil society entity facilitating the creation of that trust account. The existing NGO, for example CELCOR will manage the account on behalf of the Stop Seabed Mining in PNG campaign. Thirdly, the option of the Stop Seabed Mining in PNG campaign creating its account and managing such as account was proposed. Whether the campaign had the capacity to actually manage the account was also raised. Fifth on the agenda was the question of how much money to generate initially. Kenn and Damien provided rough estimates of previous legal actions against corporate entities and the typical expenditure areas in such exercises. In the proposed seabed mining legal action, Damien noted how media publicity is an effective tool for public following. The collection of affidavits and engagement with landowners are other potential expenditure areas. The monies that will initially be needed will be between K300,000 – K800, 000 (roughly K1 million). Two issues become apparent: what timeframe are we looking at in the raising of this amount of money and what strategies will be involved in these fundraising efforts? Sineina, Kenn and Pastor Rovi were tasked to come up with some strategies for the fundraising efforts. By the end of November we will be clear on the strategies to generate funds. The idea of a ONE KINA APPEAL is also endorsed as an effective fundraising method. The use of media (Roger Hau’ofa is a good contact person) for the announcement of the One Kina Appeal. Wenceslaus and Patrick are assigned the task of organizing the media appeal. Damien is requested by the Chair to follow up on the Maritime Governors’ Conference commitments to the stop seabed mining campaign. On the sixth agenda concerning awareness, Patrick queried about the options available to influence the major shareholders of Nautilus. Damien suggests working with international partners. One approach suggested was to have members of the Stop Seabed Mining in PNG attend Nautilus’ shareholders meeting where shareholders are targeted. Awareness materials should be made to appeal to investors. Damien also suggested the idea of involving the PNG Environment Media Center (Dick Sorairiba) in documenting through video presentation the cultural elements of the sea (Solwara 1 in New Ireland province, including the shark-calling ritual) for distribution to the shareholders of Nautilus. Cyber action is also proposed as an effective awareness tool (mass emailing). Seek advice from Natalie Lowrey on this. The seventh agenda was on international partners. Essentially the expertise of international partners is welcomed. Though localization of the campaign is acknowledged, international partners are encouraged to coordinate their efforts when dealing with their PNG counterparts in this campaign. Any other Business: - Patrick emphasises the need to enlist the cooperation of all NGOs and concerned stakeholders in the Stop Seabed Mining in PNG - Pastor Rovi requests for leaders of the churches in PNG to be on the mailing list of the working group. The churches should be kept abreast of the developments in the campaign to Stop Seabed Mining in PNG Kenn moves the motion to close the meeting at 4.07pm. Motion is seconded by Pastor Rovi.
Posted on: Thu, 21 Nov 2013 06:58:58 +0000
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