ONGOING WORK SEEKS TO AMEND CHANGES IN MINES AND MINERAL LAW

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BY GEORGINA KEKEA
 
THE current Mines and Mineral Act in Solomon Islands is said to be very weak and leave room for doubts and speculation says Minerals Mine Energy and Rural Electrification (MMERE) Minister, Bradley Tovosia.

Tovosia at the opening of a two days workshop recently says this consultation process is very crucial especially for the proposed Minerals and Mines Bill 2018.

“This new law is recommended because of the many changes required to implement the National Minerals Policy (NMP)”, Tovosia said.

He said there are certain clauses in the current Mines and Minerals act that go against what the NMP stands for. He said thus this proposed Bill will factor the NMP and all it stands for.

In 2017, Government launched the NMP that is developed for all people of the country to benefit from its mineral resources. The NMP also calls for minimal environmental impact on mining activities and also calls for respect of the different cultures, interests and relationships that make up the diverse communities of Solomon Islands.

MP Tovosia with PS (L) and a staff from MMERE
 Tovosia says while the proposed bill will feature most of what is recommended by the NMP, there are also some areas that needs special attention and mentions. He said sometimes he felt that our laws also create tensions between resource owners where families no longer speak to each other and there is hostility between blood relations. He said these are the areas that needs input from resource owners and stakeholders.

“The donors and investors are here. If we are going to do this, we have to do it properly”, Tovosia said.

At the same time Tovosia also said that the Minister’s discretion should never be allowed in the law. He implied that this is where corruption can come in.

“As a Minister now, I want everything to be in black and white. We do not leave room for discrimination or any discretionary where the Minister has. People will have suspicions along the way. But that I leave it to you to sort out”.

At the same time Legal consultant in this process, Joe Fardin says there are a lot of things that needs to be done. He said some things will take quite a long time to achieve and there are somethings that can be done fairly efficiently.

“There are some things in the mining Act that is fairly understood but there are others not yet especially with a mining law that is relevant to the context of Solomon Islands”, Fardin said.

Stakeholders to the consultation
The overall focus of the NMP is to get wider consultations with the provincial governments, landowners, resource owners including consultations with the women. The current session has raised protests that resource owners are not present in this workshop and is not inclusive. The participants called on the MMERE to consider going out to the rural areas with this consultations so that a fair and wide input is heard and seen in the proposed bill.

Legal consultant, Fardin says he will take on board the comments made by participants and share to the government for their perusal.

This consultation process is supported by World Bank. World Bank recently has refined its new Country Partnership Framework (CPF). CPF is said to support Solomon Islands in enhancing its economic resilience through inclusive growth while considering economic geography and state fragility. Strengthening regulatory framework in the mining sector is a key focus area for the World Bank.

ENDS///


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