On 9 November 2022, Jubilee Australia, the Centre for Environmental Law and Community Rights, and the Evangelical Lutheran Church of PNG filed a complaint against Newcrest Mining and Harmony Gold (Australia) – both Australian mining companies – in relation to their proposal to dump toxic mining waste into the Huon Gulf in PNG’s Morobe Province. The complaint was lodged on behalf of 2,596 community members in Morobe Province.
The companies are joint partners in the Wafi-Golpu Joint Venture in PNG, which is proposing to construct and operate an underground copper-gold mine and associated ore processing. The complainants are opposed to the companies’ plan for the dumping of toxic mining waste into the ocean of the Huon Gulf.
The complaint makes several allegations against the companies, including:
- Failure to obtain community consent for the proposal
- Failure to provide an adequate environmental assessment of the proposal
- Failure to respect human rights
- Lack of due process in relation to Free Prior and Informed Consent (FPIC) from the impacted communities
The complainants seek several remedies, including for the companies to publicly commit to abandon their proposal and to develop a new tailings management plan.
Relevant OECD Guidelines
- Chapter VI
- Chapter VI Chapeau
- Chapter VI Paragraph 1
- Chapter VI Paragraph 1 a
- Chapter VI Paragraph 1 b
- Chapter VI Paragraph 1 c
- Chapter VI Paragraph 2
- Chapter VI Paragraph 2 a
- Chapter VI Paragraph 2 b
- Chapter VI Paragraph 3
- Chapter VI Paragraph 4
- Chapter VI Paragraph 5
- Company in violation
- Other companies involved
- Jubilee Australia et al. on behalf of affected Morobe Province communities vs. Harmony Gold (Australia) Pty Ltd and Newcrest Mining Ltd