On 29 September 2020, 156 community members of Bougainville filed a complaint against Rio Tinto, a mining and metals company, for human rights violations stemming from its abandoned copper and gold mine in Papua New Guinea. The complaint, filed with the Australian OECD National Contact Point (AusNCP), alleges that the waste left behind from Rio Tinto’s Panguna mine continues to cause significant pollution of water sources, flooding of local land, and has led to a range of health issues in local communities. 

In its 17 years of operation, the Panguna mine was one of the world’s largest copper and gold mines, run and majority-owned by Rio Tinto. The mine was subject to significant controversy during its operation, provoking an uprising by local communities in 1989 against the mass environmental destruction caused and the unequal distribution of the mine’s profits. The mine was forced to close and triggered a decade-long civil war, culminating in the mine never reopening. Rio Tinto handed over its part-ownership of the mine to the Papua New Guinean government in 2016 without taking any action to rehabilitate the land or address the long-standing impacts of the mine. Human rights advocates have criticised this move as a deliberate strategy by Rio Tinto to avoid liability for its project. 

DETAILS OF THE COMPLAINT 

The complaint comes after a damning report published by the Human Rights Law Centre (HRLC) earlier this year—the same legal centre representing the affected communities in the complaint. The report outlines the pollution to local rivers caused by the abandoned mine, affecting access to clean drinking water for approximately 12,000 people. It details that during the mine’s operation from 1972 to 1989, over a billion tonnes of mine waste were discharged into the local river systems. As a result, those who live in local river communities have reported longstanding health impacts including respiratory problems, skin lesions, and pregnancy complications.  

The complaint argues that Rio Tinto failed to clean up the waste caused by the mine and to prevent the ensuing ramifications on local communities, therefore breaching human rights and environmental standards under the OECD Guidelines for Multinational Enterprises. The HRLC contends that the impacts of the mine infringe particularly on the economic, social, and cultural rights of local communities, including their right to food, water, health, and an adequate standard of living. Some of these communities have also been forced to relocate due to the immense destruction caused. 

Under the United Nations Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises, Rio Tinto and its subsidiary, Bougainville Copper Limited, both have obligations to respect the human rights of individuals affected by its operations and to provide remedies for human rights violations. As Rio Tinto has a joint head office in Australia, the complaint was lodged with the AusNCP. The AusNCP has the power to investigate complaints made against Australian companies. However, the body is not of a judicial kind and can merely facilitate discussions between the corporation and those affected. Although the body’s findings are not binding, it is suggested that a decision in favour of the Bougainville communities will place sufficient pressure on Rio Tinto to take effective action. 

The community has called for Rio Tinto to engage with them in resolving the multitude of issues and establish an independent fund to address the harms caused by the mine. The complaint also calls for financial support from the Australian government to mitigate the impacts of the mine on Bougainville and also calls on the government to drastically improve oversight of Australian corporations operating overseas. Spokespersons of Rio Tinto have advised that they are willing to enter into discussions with the current owners of the Panguna mine and community members. 

As a self-proclaimed corporate leader of human rights, it is crucial that Rio Tinto engages with affected communities to remedy the significant destruction caused by the Panguna mine. In light of recent events, such as the destruction of the Juukan Gorge, and increased awareness around garment worker exploitation, now is the time to impose binding obligations on multinational corporations to recognise and fulfil their obligations towards human rights.

Alysha is an Australian criminal defence lawyer, advocating on behalf of disadvantaged adults and children in accessing justice. She is undertaking a Masters of Public and International Law at the University of Melbourne, with interests in refugee law, criminal justice and children in international law.

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