Papua New Guinea: MAKATA’s sand mining experience

By WENCESLAUS MAGUN

Before it's too little too late to save our remaining intact pristine sand from being mined I call on Prime Minister Hon. James Marape and his government to establish sand mining policy and legislative framework.

Last night (27 September 2022) in a zoom conference with activists from the Asia region I was saddened to hear their stories of how corrupt, unregulated, unethical, immoral, repressive and unfriendly sand mining has affected their environment and social conditions in their respective countries.

Whilst we do have our own challenges their stories raised alarm bells!

If we do not learn from their experiences and seriously address sand mining policy and legislative framework, we could go down the same path they are experiencing or even worse given the climate of corruption we have in our country.

Below is my presentation to participants from the Asia region in a zoom session on 27 September 2022.

Abstract

• In the absence of sand mining policy and legislative framework, Papua New Guinea (PNG) Government continues to entertain sand mining in the country;
• Sand mining has now become a frontline industry;
• Many sand mining activities are taking place illegally especially in rural areas.
• There is no record to show how many of these companies are operating both legally and illegally;
• The government agencies responsible to regulate this industry have failed to ensure this happens;
• This document points out some of the multinational agreements PNG has signed and ratified that in light of sand mining;
• The paper further shows how these multinational treaties link to PNG’s Constitutional Goals 4 and 5, Vision 2050, policies, laws and the Medium Term Development Goals III that points out challenges that PNG must take up to protect its environment and biodiversity;
• It shows synopsis of steps taken by Mas Kagin Tapani or MAKATA a local community based organisation and stakeholder partners took that successfully stopped the Niugini Sands Limited a Singaporean company from getting its Exploration License in February 2021 by pressuring the Company and the PNG government in its campaigns;
• The paper shows that the Niugini Sands Limited had applied to the Mineral Resources Authority to get its Exploration License to mine sand in Sumgilbar Local Level Government (LLG), Sumkar District, Madang but wrote to MRA to withdrew its application as a result of this campaign;
• In addition, the paper shows the players who supported MAKATA to stop this sand mining activity in Madang and those who supported the company;
• It further points out the proposed Orokolo Bay sand mining project at the mouth of the Kikori River,  and or at Muro in the Gulf of Papua to be developed by Mayur Resources Limited, an Australian mineral exploration and energy company;
• This mining activity is going to be a large-scale sand mining project; and 
• The paper then shows what worked, what didn’t and recommended next steps gained from lessons learned through this campaign journey.

Session I: Context review

Figure 1: Tenement Area for Sand Mining 

Exploration in the Sumgilbar LLG of 

Sumkar District, Madang Province.  

This area covers an estimated area of 51 kms 

in length and 10 kilometers from the beach to 

the sea and from the beach inland.

Picture: Courtesy of MRA Tenement 

Manager/Registrar,

Mr. Stanley Nekitel.

What is the situation? What is the conflict?

·            Sand mining although new to PNG is forming the frontline mining industry;

·            Many are taking place illegally, particularly in rural settings;

·            There is currently no record on how many;

·            Limited by no information from relevant government agencies and other entities;

·            PNG does not have any policy or legislative frameworks at this stage to guide sand mining industry in the country;

·            This policy and law must clearly define what type of sand mining the developer intends to do;

·            If it’s for minerals, the policy and law must state clearly the different minerals found in sand and their monitory value;

·            The developer MUST clearly state what kind of mineral it wants to extract so that it pays its due in tax and related costs based on the types of minerals it intends to extract;

·            Any other minerals such as rare metals found in the sites must also be identified and taxes and related benefits to the government and other stakeholders are agreed upon and met;

·            This is to avoid further tax and other benefits evasion by developers based on past and present mining experiences in PNG;

·            The policy and law must also clearly state what types of benefits all the different stakeholders will get;

·            The policy and law must point out what types of environmental, social, cultural, and related damages will take place and give directives to developers to mitigate and or reduce these threats;

·            The policy and law must direct developers to conduct educational awareness prior to Warden Hearings;

·            The policy and law must direct developers to provide Environmental Impact Assessments and Monitoring and Evaluation reports post mining, during and after its mining activities;

·            The policy and law must direct developers to provide Exit plan or life after sand mining for the environment and livelihood of villagers affected;

·            The policy and law must capture audit reports for all sand mining activities both for minerals and construction or civil work;

·            The Mineral Resources Authority and related government agencies must have lists of who is doing what, where and the start and end dates for their activities in terms of sand mining in PNG;

·            The locations of these proposed sand mining activities are positioned in very fragile marine ecosystems, habitats to endangered species, food sources, prone to climate change impacts and culturally sensitive areas for the local inhabitants;

·            We have joined the global community at the local community level to fulfill international goals and Treaties PNG Government has signed and ratified;

·            These include the IUCN’s Convention on Biological Diversity (CBD), Sustainable Development Goals (SDGs) 14.5, 14.7, Life Below Water and 15, Life Above Water; United Nations Framework Convention on Climate Change (UNFCCC), Convention on International Trade in Endangered Species (CITES), United Nations Law of Sea (UNCLOS), PNG’s Ocean Policy 2009, PNG’s national Constitutional Goals 4 and 5, Vision 2050, the National Strategy for Responsible Development (STaRS), PNG’s commitment to the Coral Triangle Initiative on Coral Reefs, Fisheries and Food Security (CTI-CFF), PNG's Enhanced Nationally Contribution 2020, and other related policies, legislations, and multinational agreements;

·            We are also addressing a priority area of the Medium Term Development Strategy III (MTDS III), Vol.1 Section 3.2.1 which points out challenges that PNG must take up to protect its environment and biodiversity.

Who are the players involved in the extraction of the sand?

·            The only two sand mining activities that got the governments attention or got the attentions of other major stakeholders are the:

(i)          the previously proposed shoreline sand mining in Madang’s Sumgilbar LLG, which Niugini Sands Ltd, a Singaporean company had applied for Exploration License was successfully stopped by us in February 2021 by pressuring the Company and the PNG government in our campaigns; and

(ii)          the proposed Orokolo Bay sand mining project at the mouth of the Kikori River, and or at Muro in the Gulf of Papua is proposed to be developed by Mayur Resources Limited, an Australian mineral exploration, and energy company.

·            This mining activity is going to be a large-scale sand mining project if endorsed by the Government of Papua New Guinea; and

·            The Orokolo Bay  and or Muro sand mining project is currently under discussion and it’s on our campaign radar simply because PNG does not have a specific sand mining policy and law.

Figure 2: Late Sir Angmai Bilas
welcomes TIRN's Executive Director
Todd Steiner, his wife
Dr. Lynette and TIRN's Program
Director Peter Fugazzotto to
Madang to establish the STRP.

Who is funding sand extraction?

·            The proposed shoreline sand mining in Madang’s Sumgilbar LLG, was funded by Niugini Sands Ltd, a Singaporean company; and

·            The Orokolo Bay sand mining project belongs to Mayur Resources Limited, an Australian mineral exploration and energy company, will be part-funded and operated by Chinese Titanium Resource Holdings Limited, a company registered in Hongkong.

Who were/are your allies, supporters, and opponents during your struggle?

·            Our allies or supporters included:

·            Donors:

·            Past - Global Greengrants; late Sir Peter Barter (former Madang Governor, Health Minister, and philanthropists; late Judge Nicholas Kirriwom; Gildipasi Community Based organisation; 

·            Present – Turtle Island Restoration Network (Research), Global Greengrants Funds (Sewing Training) and the Coalition for Human Rights in Development (Community Outreach & Media Campaign);

·            Stakeholders included:

·            Four Local Level Government’s Ward Members and their respective communities, Gildipasi Community Based Organisation from the proposed sand mining areas in Sumgilbar LLG; and

·            Chairman of the Catholic Bishops Conference of PNG and SI and Archbishop of Madang Archdiocese his Grace Eminence Archbishop Anton Bal, the Caritas a charity organization for the Catholic Church, the Catholic Professionals, and the media both local and international.

Opponents

·            President of Sumgilbar Local Level Government Council in Sumkar District of Madang Province and other influential Ward Members who were influenced by cohorts, collaborators and proponents of the sand mining industry;

·            Certain communities whose Ward Members were in favor of sand mining activity to take place who are mostly living in the hinterlands within Sumgilbar LLG; and

·            We did not get any support from the Madang Government nor from the local politicians;

Synopsis of challenges we encountered included:

·            On 23^rd September 2020, at Kangur hamlet during the first Warden Hearings, I was assaulted as I walked up to deliver my talk; 

·            But I did not fight back;

·            The former Gildipasi president, Mr. Peter Bunam threatened to hit me saying, “What has MAKATA given to my community and you are now trying to stop sand mining from taking place here?” 

·            Just to give you some back ground information; 

·            His big brother and his immediate family have a Land Owner company that has partnered with Wood Bank and Pacific Region, a Malaysian logging company and are doing logging in the far north coast area which covers our project sites;

·            This land owner company led the Warden Hearings;

·            The name of this land owner company is Yangmur Limited; 

·            Yangmur land owner company partnered with a local Chinese business woman who goes by the name of Ms. Belinda (not her real name of course). Her real name is Miranda;

·            Together they collaborated with Niugini Sands Limited to bring sand mining into Sumgilbar LLG;

·            These group of business partners have invited all the Sumgilbar Local Level Government Ward Members to a restaurant in Madang, called Hidden restaurant and had a meal with them;

·            We do not know what transpired during that meal;

·            What we do know is that, soon after that the President of Sumgilbar and a few of his Ward Members collaborated with these bunch of business people to bring sand mining into Sumgilbar LLG;

·            Furthermore, when Mr. Peter Bunam was president of the Gildipasi Civil Society, MAKATA presented K5,000 to him in hard cash to start up a Village Lending Scheme or village banking;

·            Mr. Bunam failed to acquit these funds and give a report to MAKATA;

·            This stopped a donor in US from continuing to support MAKATA;

·            A fight almost broke out between resource owners who were for the sand mining and those who were against it;

·            With police presence all forms of physical and verbal abuses were contained;

·            I also received verbal threats from a Sumgilbar LLG Ward member, Mr. Paulus Mukoi, after the Warden Hearings;

·            At the Government level, the Mineral Resources Authority’s Tenement Registrar, Mr. Stanley Nekitel was all in favor of sand mining; 

·            Mr. Nekitel refused to accept our Objection Letter nor did he welcome our request to conduct further Warden Hearings;

·            He argued that due to Covid-19 he was not willing to send his officials back to the communities to conduct a second Warden Hearing;

·            He was in the process to submit the technical report from his officers who conducted the Warden Hearings at Talidig Government Station and at Kangur Hamlet on the 23^rd of September 2020 to the Mining Advisory Council to either accept and endorse their findings and or reject it and listen to our Objection and Complaint letters;

·            But time was in our favor; 

·            Before the Mining Advisory Council members met to deliberate on the technical report from the Warden Hearings team from the Mineral Resources Authority, Niugini Sands Limited wrote to Mr. Nekitel and asked to withdraw their Application for Exploration License number 2664;  

·            Niugini Sands Limited’s request to withdraw their Exploration License number 2664 was accepted by the deputy Tenement Registrar Mr. Patrick Munouluk on 26^th of February 2021 at 12:10pm PNG time.

Figure 3: Late Sir Peter Barter discussing
developmental issues of Madang with
Mr. Wenceslaus Magun

Session II: Lessons learned

How did you lobby and campaign against sand mining in your country?  What are some of the efforts you are taking to address the issue of illegal sand mining in your country?

Synopsis of events leading up to stopping sand mining in Madang

·            A Singaporean based company, Niugini Sands Ltd with an office at Kunai Street in Port Moresby, Papua New Guinea from mining sand in the Sumgilbar Local Level Government (LLG) area;

·            This company was recently registered with PNG’s Investment Promotion Authority (IPA) and had applied in April 2020 for an Exploration License (EL) number 2664 with the Mineral Resources Authority (MRA);

·            Sumgilbar LLG is where our Sea Turtles Restoration Project sites are located in Sumkar District, of Madang Province, Papua New Guinea (PNG);

Figure 4: Sea Turtles Restoration
Project sites in Sumgilbar LLG,
Sumkar District, Madang.

·            We have been working with the local communities there to save, protect, increase and sustain the populations of the critically endangered Leatherbacks and other sea turtles from a new emerging threat, that of sand mining

·            MRA’s Tenement Manager/Registrar Mr. Stanley Nekitel had issued a Notice to the Madang Governor on September 1, advising him of Warden Hearings to be held at Talidig, Megiar and Tokain on September 23^rd 2020;

·            On 22^nd September 2020, following receiving this information, we sent an Objection letter to Mr Nekitel, the Registrar of Tenements at the Mineral Resources Authority, objecting to issue Exploration License to Niugini Sands Limited, a Singaporean Company, which was late because of the late notice reaching us;

·            On 16^th November 2020, we did a follow-up letter and asked Mr. Nekitel to ‘defer Mining Advisory Council consideration of the EL Application and to direct further awareness and Warden Hearings,’;

·            We copied both letters to the Managing Director for Conservation and Environment Protection Authority (CEPA), the Managing Director for Climate Change and Development Authority (CCDA), the Attorney General and Secretary for the Justice Department, the Madang Provincial Government, and the Madang Governor;

·            On 27^th November 2020, we received the ‘Response Advice’ from Mr. Nekitel, advising that MRA did not agree with our request and proposes to proceed with the technical report to the Mining Advisory Council for its consideration and appropriate advice to the Minister;

·            On the 03^rd of February 2021, we submitted a letter to the Attorney General, Dr. Eric Kwa requesting him to ‘Request to Defer Mining Advisory Council Consideration of Niugini Sands’ Application for Exploration License for Sand Mining on the North Coast of Madang and for MRA to conduct further Awareness & Wardens Hearing and Constitution Section 57 Application’;

·             “We now enclose for your information, a copy of our response advice to MRA that we have commenced a Constitution Section 57 Human Rights Enforcement Application to enforce the Section 51 Right to Information and Section 59 Right to Natural Justice right to a fair hearing.”

• “We enclose a copy of the Constitution Section 57 Application by way of service upon you, as a Respondent party to the application.

  “We request that the State provide appropriate legal advice to MRA that it should not be overly hasty in progressing this EL Application without giving the local, potentially to be affected people, further and ample opportunities to be heard on their views about the proposed exploration activity in their front and backyard sea and land areas.

  “We would request that you advise MRA that there is no government policy on the proposal to explore to mine and export sand, nor is there any legal framework for properly monitoring and supervising the potential environmental impact of this unique mining activity being proposed in PNG for the first time.

  “In the meantime, to avoid unnecessary constitutional litigation which has the potential to embarrass the State, we would defer the prosecution of the Section 57 constitutional application on the basis that the State gives advice to MRA and that MRA will conduct further awareness Wardens Hearing on dates, time and locations to be agreed upon with us, as we have requested.”

What would you describe as your major achievements as a result of your work and campaign?

Niugini Sands Limited Withdrew it’s EL Application

·            On the 26^th of February 2021, we received a letter from Patrick Monouluk, deputy registrar for the Mineral Resources Authority that they “have deregistered the Application for Exploration License number 2664 on the 26^th February 2021 at 12:10pm PNG time, on request from the proponent of the application.”;

·            We stopped Niugini Sands Limited from doing its Exploration activities to mine sand in the Sumgilbar Local Level Government area of Sumkar District, Madang Province, where our primary sea turtles project sites are located using the Global Greengrants Fund;

·            But the battle rages on; and

·      We want to ensure that there is policy, law, and regulation on sand mining established.

 What strategies of your struggle worked and what did not? Why?

Strategies that worked include:

·            Secured donor funding;

·            Networked with existing CBOs, and interested stakeholders;

·            Engaged former Madang Governors late Sir Peter Barter and former Chief Justice Sir Arnold Amet;

·            Sought legal advice from prominent lawyers Mr. Paul Harricknen president of the Catholic Professionals, late Judge Nicholas Kirriwom, late James Wanjik and others;

·            Involved the Catholic Church in Madang because most of the communities in the proposed sand mining site are mostly Catholics;

·            Engaged more than 5,000 villagers representing 10,563 local inhabitants within the Sea Turtles Restoration Project sites and in the neighbouring villages in Sumgilbar Local Level Government of Sumkar District Madang Province, Papua New Guinea, who stood in solidarity and fought off this new sand mining threat;

·            For the first time, the Madang Chamber of Commerce, Caritas – a Catholic charity organisation in Madang, Madang Catholic Archdiocese’s Archbishop Anton Bal, the Catholic professionals - PNG Chapter, Community Based Organisations, late Judge Nickolas Kirriwom, Sir Peter Barter, retired Chief Justice and former Madang Governor Sir Arnold Amet, joined MAKATA and the local resource owners to stop this threat;

·            Late Judge Nickolas Kirriwom donated money to support the campaign which was used to hire cars and travel into local villages to place red banners and advocate against sand mining in local communities;

·            Sir Peter Barter assisted with additional cash to produce educational awareness materials which we shared in the local communities and offered us free rooms and meals in his hotel for our meetings;

·            Gildipasi Civil Society group within the Sea Turtles Restoration Project sites came to my assistance further by meeting other travel costs;

·            Members of the Gildipasi group played a key role at the grassroots level to deliver all the educational awareness materials we produced and uploaded onto flash drives sponsored by Sir Peter Barter and distributed them to all the villages along the proposed sand mining impact communities;

·            They further mobilized villagers from the proposed impact communities to meet at Tokain village on 27^th of November 2020 and expressed their concerns to the media, to their respective Ward Members as well as signed their Affidavits and presented them to our Counsel, Sir Arnold Amet;

·            The Madang Archbishop Anton Bal also got his parish priests to back us up;

·            Caritas Madang also played a key role by using their members in each village to share whatever educational awareness materials and information I shared with them and used their own educational awareness materials to their members in the local communities;

·            I gave talks on NBC, and FM100 Talkback shows, and on EMTV, and NBCTV;

·            In addition, I advocated on social media and other media outlets both in PNG and abroad and actively informed, educated and empowered our target audiences to stand in solidarity to stop sand mining in Sumgilbar LLG;

·            Retired Chief Justice Sir Amet met all other meeting costs in Port Moresby, and in Madang and spent his own time and resources to provide free legal advice;

·            He represented me at the Tokain village using his own resources to gauge the villagers’ views on sand mining in order to represent us in Court; 

·            He then represented us in Court and helped me write letters to MRA and the Secretary for the Attorney General and Justice Department, Dr. Eric Kwa; 

·            With his support we met Dr. Eric Kwa and hand delivered him our Objection Letter of which a copy was given to MRA; 

·            In the process of handing a copy of this letter to Niugini Sands Limited they wrote to MRA and withdrew their Application for Exploration License number 2664 on the 26^th February 2021 at 12:10pm PNG time; and

·            Above all with the grace of God we achieved our goal.

·       

Figure 6: Bos blong NBC Redio Madang,
Mr. Makalai Bel i toktok wantaim
Mr. Wenceslaus Magun long 
wok blong STRP long Madang.

        MEDIA:

·           Both local and international media got involved.  See media links below:

o   Stories from Post Courier, Wantok newspaper, FM100, NBC and other local mainstream media outlets in PNG are not included in this list.

 

·        Go to pages 167 to 171 of Laudato si' Reader (second edition) and read my story titled, "Protecting Papua New Guinea's Environment Inspired by Laudato si' " in the latest Laudato si' Reader from the Vatican. You may download a free copy if you like or inbox/WhatsApp or email me on: magun.wences@gmail.com for a copy.

https://www.humandevelopment.va/.../published-laudato-si...

·        EMTV: https://www.facebook.com/EMTVonline/videos/395654098215448

·        EMTV:https://www.youtube.com/watch?app=desktop&feature=share&v=3VjDBQsipL4&fbclid=IwAR1n7VmdG2lz5DdSfUZ-5sj7eeiKqqv8YuvvOoVLDRaaFpYPoXpKjj7c_vs

·        EMTV: https://www.youtube.com/watch?v=7bbMdCjZ1EY

·        The National newspaper: https://www.thenational.com.pg//?s=Stricker

+standards+needed+for+sand+mining

·        Turtle Island Restoration Network: https://www.facebook.com/TurtleIslandRestorationNetwork/photos/a.463879810394/10158917845540395/

·        https://seaturtles.org/company-abandons-controversial-sand-mining-venture-on-

          leatherback-nesting-beach-following-public-backlash/?fbclid=IwAR3uPrL2H2-  

Irxmn29PtRo37e1BCYRcQomCUUyo8g_Rinecg9SplibXqGJo

·        Independent Australia: https://independentaustralia.net/politics/politics-display/sumgilbar-people-in-png-triumph-over-foreign-mining-company,14883

·        The National newspaper: https://www.thenational.com.pg/firm-withdraws-interest/?fbclid=IwAR1WTwqjyL4EpP-n7YHX6-4V7Qv0VGHsri84v8n5TKiBlTBbEN4YQARkvtw

·        Radio New Zealand:  https://www.rnz.co.nz/international/pacific-news/437382/sand-

mining-company-pulls-out-of-png?fbclid=IwAR2LJHyM4wtu3HjSLG-stZ6M0kCqKfR6XbLQojjyaVbgUf334YWnn9gd3Co

·      Our success story in stopping Niugini Sands Limited from getting Exploration License number 2664 from the Mineral Resources Authority to mine sand in Sumgilbar LLG gained access to an international audience, particularly Caritas New Zealand who then linked me up with the Vatican Press. 

·           Representatives from the Vatican Press asked me for a story which I did titled “Protecting Papua New Guinea’s Environment Inspired by Laudato si’.

·            My story was recently published in the second edition of Pope Francis’s encyclical on Laudato si’ on pages 167-171.  Here is the link to access my story: https://www.humandeveloment.va/…/published-laudato-si…  

·         In August 2022 our call for Regulatory Framework on Sand Mining received further media coverages from NBC TV and Radio by Anisah Issimel, and from The National newspaper by Gloria Bauai.  Here is a link to Martha Louise’s article in – Inside PNG: https://insidepng.com/call-for-regulatory-framework-on-sand-mining/? fbclid=IwAR3GxeXtDAcB9aentnEpBbH9S_c8NhBGLLWAvwYQ5ga0Fl1MYwDIp4eA_Sc

 

Figure 7: Kaparoko villagers in Central
Province releasing a leatherback to sea.

Next steps

·          2022 Way Forward -  Call for Regulatory Framework on Sand Mining

    https://insidepng.com/call-for-regulatory-framework-on-sand-mining/? fbclid=IwAR3GxeXtDAcB9aentnEpBbH9S_c8NhBGLLWAvwYQ5ga0Fl1MYwDIp4eA_Sc

 ·      Continue to empower key stakeholders on the legal, social, economic, cultural, and environmental implications and impacts of sand mining;

·       Lobby with local MPs to get the Government to establish a sand mining policy and legislative framework;

·       Continue to raise funds, submit proposals; and

·       seek internal and external support to achieve our next objective.

 

Figure 8: Lavelai villagers in Buin in the 
AROB saving this leatherback from
poachers and releasing it back to sea.

Who benefitted?

·           More than 10,563 villagers including men, women, people living with disabilities, old folks and children from Murunas to Tokain village covering a distance of 51 km in length and other stakeholders in Madang, have benefitted tremendously from this campaign;

·           Business houses in Madang who are members of the Madang Chamber of Commerce, villagers from other coastal districts of Bogia, Rai Coast, Sumkar and Madang teamed up and supported our fight and as a result they are all now benefiting from it;

·            We started the process to establish a sand mining policy, regulation and law on this issue following this campaign;

·            The outcome of this activity has multiple positive effects and gains for the entire coastal villagers in PNG and the nation of more than 8 million people;

·            We protected the natural resources, businesses, tourism and hospitality services, and the environment including existing households, infrastructures, food gardens, coconut, cocoa, vanilla, and other cash crops, schools, health centers, roads and bridges and other, social, economic, and infrastructure services which would have been otherwise totally destroyed; 

·            We prevented coastal villagers from being relocated inland where there is already shortage of land;

·            We prevented the huge level of destruction to local inhabitants’ food, protein, cultural heritages, spirituality, education, aesthetic, medicinal, entertainment, and economic sources both on land and below the sea, thus fulfilling the Sustainable Development Goals; 

·            We prevented the level of poverty and social problems for the local inhabitants and outsiders that benefit from these natural resources;

·            We protected all forms of marine ecosystems, biodiversity and habitats loss and destruction;

·            Papua New Guinea gained from our success in stopping sand mining in Sumgilbar LLG; 

·            By stopping sand mining in Madang we ensured our participation in international treaties was fulfilled; 

·            Papua New Guinea had signed and ratified the Convention on International Trade in Endangered Species (CITES) and has a domestic law in place for implementation of the Convention which is administered by the Conservation and Environmental Protection Authority (CEPA), formerly the Department of Environment and Conservation (DEC);

·            The Leatherback sea turtle has also been listed as an EDGE species by the Zoological Society of London and is listed on the International Union for Conservation Network (IUCN) Red List of Threatened Species as Vulnerable;

·            We ensured that unregulated sand mining does not happen in Sumgilbar LLG;

·            Our success has prevented degradation of land including disturbance to the water table leading to topographic disorder and severe ecological imbalance and damage to land use patterns in and around mining regions; 

·            Communities that live along the 51km stretch of the coast, now do not have to worry about removal of sand, which provides a buffer, and protection from storms surges;

·            We saved their livelihoods by stopping sand mining from removing the habitats for marine animals they eat or sell to make an income;

·            We prevented negative social impacts of sand mining which include threats to human life and conflicts;

·       We prevented negative and immediate impact on Madang’s coral reefs and communities’ livelihoods as well as achieved PNG’s commitment to the Coral Triangle Initiative on Coral Reefs, Fisheries and Food Security (CTI-CFF) as well as other conventions PNG is party to including the United Nations Convention on Law of the Sea (UNCLOS), and the Convention on Biological Diversity and the United Nations Framework Convention on Climate Change (UNFCCC);   

·            Mineral Resources Authority now knows that that there is more than just sand being removed;

·            We put on record to MRA our objection and demanded that our coastal sand be analyzed for precious metals before a license or mining activity can occur in our area;

·            Mineral Resources Authority also knew that there must be regulations and clear guidelines and standards set for best practice to national circumstances to curb irresponsible and illegal extraction of sand as well as for the protection of our people today and the generations to come;

·            We achieved all stakeholders’ needs, to be given free and prior informed consent to activities that impact us; and

·            Since the exit of Niugini Sands Limited on 26 February 2021, we have all gained from this fight!

Figure 9: Protected Areas in Sumkar District
Madang.  Picture curtesy of TNC

Environmental and Social Benefits:

 ·       We prevented negative and immediate impact on Madang’s coral reefs and communities’ livelihoods as well as achieved PNG’s commitment to the Coral Triangle Initiative on Coral Reefs, Fisheries and Food Security (CTI-CFF), the United Nations Conference on Law of the Sea (UNCLOS), the Convention on Biological Diversity and the United Nations Framework Convention on Climate Change (UNFCCC), the IUCN’s Convention on Biological Diversity (CBD), Sustainable Development Goals (SDGs) 14.5 and 14.7, Convention on International Trade in Endangered Species (CITES), PNG’s Ocean Policy 2009, PNG’s national Constitutional Goals 4 and 5, Vision 2050, PNG's Enhanced Nationally Contribution 2020, the National Strategy for Responsible Development (STaRS), the Medium Term Development Strategy III (MTDS III), Vol.1 Section 3.2.1 that points out challenges that PNG must take up to protect its environment and biodiversity and other directive principles and related policies, legislations and multinational agreements;

·            We protected and prevented all forms of marine ecosystems, biodiversity and habitats loss including Leatherbacks and other sea turtles from sand mining threat;

·            Papua New Guinea gained from our success in stopping sand mining in Sumgilbar LLG; 

·            By stopping sand mining in Madang, we ensured our participation in international treaties was fulfilled;

·            Papua New Guinea had signed and ratified the CITES Convention and has a domestic law in place for implementation of the Convention which is administered by the Conservation and Environmental Protection Authority (CEPA), formerly the Department of Environment and Conservation (DEC);

·            The Leatherback sea turtle is also listed as an EDGE species by the Zoological Society of London and is listed in the International Union for Conservation Network’s (IUCN’s) Red List of Threatened Species as Vulnerable;

·            We ensured that unregulated sand mining does not happen in Sumgilbar LLG;

·            Our success has prevented degradation of land including disturbance to the water table leading to topographic disorder and severe ecological imbalance and damage to land use patterns in and around the proposed sand mining area; and

·            10,563 villagers that live along the 51km stretch of the coast, now do not have to worry about removal of sand, which provides a buffer, and protection from storms surges.

 Strategies that did not work

·       Right now - Fund raising or seeking major grant to engage lawyers to write policy and law on sand mining. 

What would you advise to peers, activists, communities in other countries that are going through the same struggle?

Suggestions

·            Secure BIG funding;

·            Network with likeminded stakeholder partners;

·            Collaborate with local leaders, Ward Members, and civil society organisations;

·            Engage and involve prominent Statesmen and Church leaders or celebrities;

·            Craft true, honest, effective messages and produce products that are relevant and appealing to your target audience; 

·            Use appropriate, efficient and effective communication tools and different campaign; strategies to bring about the change you are seeking;

·            Take the lead and don’t back off even in the face of threat;

·            Use the minimum amount of money you have to achieve a maximum outcome;

·            Try as much as you can to work within your budget;

·            Seek internal and external assistance through friends, business partners, NGO partners, donors, institutions and or carry out internal fund raising activities to support you achieve your goal; and

·            Get direct support from your board of directors.

Session III:  Moving ahead

·           In May 2009, PNG finally established its National Ocean Policy (NOP) May 2009, after 4 decades after signing the United Nations Law of Sea Convention (UNCLOS) in 1977.

·            The NOP strengthens PNG’s commitment to implement the objectives of IUCN’s Convention on Biological Diversity (CBD), Sustainable Development Goals (SDGs) 14.5, 14.7, Life Below Water and 15, Life Above Water; United Nations Framework Convention on Climate Change (UNFCCC), Convention on International Trade in Endangered Species (CITES), United Nations Law of Sea (UNCLOS), PNG’s Ocean Policy 2009, PNG’s national Constitutional Goals 4 and 5, Vision 2050, the National Strategy for Responsible Development (STaRS), PNG’s commitment to the Coral Triangle Initiative on Coral Reefs, Fisheries and Food Security (CTI-CFF), PNG's Enhanced Nationally Contribution 2020, and other related policies, legislations, and multinational agreements; and the Medium Term Development Strategy III (MTDS III), Vol.1 Section 3.2.1 which points out challenges that PNG must take up to protect its environment and biodiversity;

·            It reaffirms PNG's position to ensure any development taking place in PNG on our land, sea, and water must be responsible;

·            That means all players involved must protect our environment, natural resources, and biodiversity and support the cause to achieve conservation or sustainable resource management outcomes;

·            This commitment is consistent with PNG's commitment to implement the 17 Goals of Sustainable Development Goals including Goal 14, Life Below Water, and Goal 15 Life Above Water;

·            In so doing, PNG is obliged to establish a sand mining policy and legislative framework to govern this industry;

·            To date, PNG does not have a transparent and accountable report of who is mining sand for construction and minerals;

·            There is no record of monitoring this activity;

·            We do not know how much benefits resource owners, LLGs, Wards, Districts and Provincial Governments will get from sand mining both for construction and minerals.

·            We, therefore, call on the Government to establish a specific policy and law on sand mining for PNG so that it can regulate this industry.

THE END