Bougainville is inhabited by indigenous people who are more closely related to the people of northern Solomon than to mainland PNG. 29 Briefing by Danilo Turk, Assistant Secretary General of the Department of Political Affairs (DPA) to the UN Security Council, 6 May 2004. The establishment of the mine in the 1960s and its effects in the decades that followed further exacerbated these existing inequalities. .
Traditional landowners have tried to use the legal system to seek compensation before the mine is considered to reopen. The operation of the Act and the role that landowner groups can play in environmental stewardship is explored in more detail in the next section of this document. National sovereignty dictates that foreign investors are under the control of the host country.49.
This is the effect of separate legal personality between different entities of the same multinational group and the divestment of the mine to the ABG and the PNG government in 2015. The conflict arises because of the concessions that Rio Tinto has historically made to the PNG government. paid. This is the result of the limited development of international initiatives on the matter52 and the failure of cases taken in the United States of America, including one by the people of Bougainville, detailed below.
In particular, the impact of the United Kingdom's withdrawal from the European Union has not been fully determined. As described in the second part of this document, the impacts of Rio Tinto's activities in Bougainville have had far-reaching effects on the land and marine environment and violated the human rights of the island's indigenous people. Since independence in 1975, PNG has been a member of the United Nations and has adopted a number of international law treaties that apply to the situation in Bougainville.
In particular, part XII of the United Nations Convention on the Law of the Sea is applicable as environmental impacts extend from land to the marine environment. This section of the paper examines the emergence of international standards or soft law to provide redress for the social, economic and environmental impacts of extractive industries. This section will consider the continuing relevance of the OECD Guidelines following the adoption of the UN Framework on Business and Human Rights and the complaint by the indigenous people of Bougainville which is currently being considered under the Guidelines.
Rio Tinto has stated that after the evaluation is completed, the remaining recommendations and commitments requested from the landowners will be discussed. If a settlement cannot be reached, the landowners have requested an investigation of the issues by the OECD and a determination regarding the violations of the Guidelines alleged in the complaint. The impact of the report's findings could have important implications for decisions regarding the reopening of the mine and the role of the mine in the future of an independent Bougainville.
103 Report of the UN Special Rapporteur on the issue of human rights obligations in relation to the enjoyment of a safe, clean, healthy and sustainable environment: Biodiversity, UN Doc.
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