Autralasian Centre for Corporate Responsibility
Investor Briefing: Bougainville Copper Limited Ticker: BOC Introduction This briefing provides investors with information regarding the shareholder resolutions which the Australasian Centre for Corporate Responsibility proposes to move at the 2014 annual general meeting (AGM) of Bougainville Copper Limited (BOC). BOC is a majority owned but separately listed subsidiary of Rio Tinto. It previously held a lease and operated the Panguna mine in Papua New Guinea (PNG), potentially still one of the largest copper and gold mines in the world. The current situation is: the mine has been idle since armed conflict broke out over its operation in 1989, the lease has expired, an application to exercise a right of renewal provided for in PNG central government law has not yet been granted and the company does not have access to the site. There is currently talk between landowners, the Autonomous Bougainville Government, the central PNG government (ABG) and BOC with a view to reopening the mine. In order to maximise the prospects of the lease being renewed, the mine being reopened and then operated successfully over the long term , the resolutions call on BOC to:
•§join/become a signatory to a number of international ‘ good corporate citizen’ initiatives .
BOC’s largest shareholder Rio Tinto has committed to these initiatives so we presume it will support this resolution;
•§commit to ensure environmental rehabilitation is carried out in accord with the terms of reference currently being developed by the UNEP in cooperation with the ABG. An amount of KINA 22m was provided for in the 2012 accounts for ‘compensation, rehabilitation and stabilisation’, approximately $AUD 10m . The board states such an amount was adequate to cover claims for which the company may be liable. Much higher estimates of environmental remediation costs alone have been canvassed as high as $AUD 1b. An observer attending the site in 2013 disputed the accuracy of BOC’s past environmental remediation cost estimates.
•§invite an independent jurist of outstanding achievement, to make a full enquiry into the involvement of the company in the counter-insurgency operations conducted around the time of the mine closure, make recommendations as to appropriate redress for any past wrongdoing, release the resulting report for public scrutiny. As a result of the war and the blockade, approximately 10-20,000 people died. During the civil war, villagers were subjected to mortaring (including white phosphorous rounds), aerial bombardments, assassinations, rape, extra-judicial killings, torture, and the strategic denial of medicines and humanitarian assistance. Such actions took place both during 1989, and after our company had left the island; It appears from statements of both PNG Government officials and our own executive staff that the management of our company was conducted in a manner which involved our company in the provision of material assistance to this counter-insurgency in the form of provisions, messing facilities, accommodation, communications equipment and transport.
It is unclear whether the KINA 22m provision for ‘compensation, rehabilitation and stabilisation’ includes allowance for any potential claims that might be submitted relating to the deaths and injuries that occurred during the armed conflict in relation to the operation of the mine;
•§ensure that any proposal to restart the mine should await, recognise and address the outcomes of that enquiry and commit to obtaining free, prior and informed consent (FPIC) particularly of the communities closest and most exposed to the impact of the mine.
Principles for Responsible Investment This section excerpts the Principles that are directly related to this engagement. We invite signatories to assess the extent to which support for the resolution might improve demonstrated commitment to these principles. By joining ACCR signatories could further enhance their effectiveness in implementing the principles. Principle 2: We will be active owners and incorporate ESG issues into our ownership policies and practices. Please exercise your voting rights and support the resolutions which commit BOC to participating in three international "good corporate citizenship" forums and spell out the implications of the commitments membership of these forums involves. Principle 3: we will seek appropriate disclosure on ESG issues by the entities in which we invest. Please ask BOC to disclose further details of the adequacy of its KINA 22m provision for ‘compensation, rehabilitation and stabilisation’ in the face of other estimates orders of magnitude higher. Civil Society The ACCR has collaborated with member organisation Jubilee to develop and frame this resolution. |