International law says ‘hold off on experimental mining’

PACIFIC CIVIL SOCIETY ORGANISATIONS today published a legal opinion on the application of the precautionary principle to deep sea mining in the Pacific Region.

Given the considerable risks and uncertainties surrounding the environmental impacts of mining activities, the advice says that “the correct interpretation of the precautionary principle leads to only one plausible result - a moratorium on deep sea bed mining.”

This legal opinion comes at a time when Pacific Islands Forum leaders are meeting in the Cook Islands.

“It is clear that we do not know what the impacts of seabed mining will be on our vitally important ocean environment and international law makes clear our responsibility to proceed with unprecedented caution in this area," an NGO spokeswoman said.

In a 10-page legal opinion, the Environmental Law Alliance Worldwide concludes that the application of the precautionary principle supports a moratorium on seabed mining until the risks of harm to the marine environment and coastal people are better known and understood.

The precautionary principle dictates taking a cautious approach in matters that affect the environment when there is scientific uncertainty about the negative impacts.

The principle is widely used in international environmental law and has been applied in the courts in areas such as climate change, hazardous waste, fisheries and sustainable development.

"There is a clear obligation on all States to widely apply the principle," says Effrey Dademo, program manager for ACT NOW! In Papua New Guinea.

“This includes the need for an open, informed and democratic process involving all potentially affected parties and this is something that has just not happened prior to the introduction of experimental seabed mining.”

ELAW is a worldwide network of more than 300 advocates working in 70 countries who promote environmental protection through law and science in order to promote justice for their communities

Comments

[Eric [last name not provided]]

I am amazed and disappointed by all the negativity surrounding seabed mining in PNG. A neutral observer would say this is at least a project worth trying.

Mining on the ocean floor at 1600 meters depth is much easier on the environment than land-based open pit or underground.

Nautilus seems to be a responsible Canadian company (I am not Canadian myself...I've lived and worked in PNG for 13 years with an NGO).

They've already spent hundreds of millions on the project with approval of PNG govt, and now international pressure as well as pressure from politicians w/in PNG are trying to pull the plug.

This is an unique opportunity to help develop PNG's economy. People who love and live in PNG know that the private sector is under developed with about a 75% unemployment rate with respect to income producing jobs.

Plus 80% of the jobs available in PNG are govt jobs. The NEC needs to focus on expanding and strengthening private enterprise. Responsible companies like Nautilus should be welcomed.

To impose a moratorium on DSB mining when there's little or no evidence it will negatively impact the environment. Let's allow PNG to give a green light to this company that is willing to undertake cutting edge technology in the mining sector.

It has already been shown that this project will not have an impact on the coral reefs as it will be undertaken far from shore. It will not negatively affect fishing because fish live near the surface, not at a depth of 1600 meters.

The world is never going to know whether DSB mining will turn out to be a new and exciting development if Nautilus is not allowed the opportunity to give it a go.
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Readers may draw their own conclusions about the derivation and veracity of comments which are not fully attributed to their author - KJ

[Mrs Barbara Short]

Yes, better to be sure than sorry. Fools rush in where angels fear to tread.

I fear that large world-wide mining companies might see PNG as a place where they can try out their new ideas and where, if they fail, or cause massive problems, the world will probably not hear much about it.

PNG, a small country, little known on the world stage, still in the process of getting itself organised, then becomes the guinea pig.

PNG mining experts might be feted and made to feel great by allowing these companies to try out their new mining ideas in PNG.