Abstract:
Indigenous peoples have historically gained little from large-scale resource development on their traditional lands. Instead, their societies, culture, and economies have suffered from the negative impacts. During recent decades indigenous groups and their allies have fought hard to change this situation. In some cases, by opposing development entirely, in others by seeking a fundamental change in the distribution of benefits received from resource exploitation. A range of approaches, have been used. These include efforts to win greater recognition of indigenous rights in international fora, and advocating for legislation which recognises indigenous land rights and protects indigenous culture. Indigenous groups have also launched litigation in national and international courts, and taken direct political action often supported by non-governmental organisations. In response to these initiatives, companies that undertake large-scale resource exploitation have sought to address concerns regarding the impact of their activities on indigenous peoples. They have adopted voluntary “corporate social responsibility" (CSR) policies. This paper examines the issues for indigenous groups seeking compensation for the negative impacts of extractive industries with reference to the Panguna mine in Bougainville. It concludes that the current legal framework is insufficient to meet the complex factors at play in Bougainville and outlines some areas for further reflection. In the end, when considering the path towards independence in the Bougainville, resolving the legacy of Rio Tinto and the Panguna mine will be crucial.
