Transparency Solomon Islands calls for withdrawal of mineral resources bill 2025
BY LORETTA B MANELE
Transparency Solomon Islands (TSI) is calling on both government and parliament to withdraw the Mineral Resources Bill 2025.
TSI says this bill will not strengthen mining laws in the country.
Instead, the Bill is “riddled with significant gaps that undermines communities be they tribal land-owning groups or otherwise, environmental protection and the integrity of the sector”, TSI statement yesterday said.
“The provisions of this Bill do not ensure mineral development contributes to national development nor does it safeguard tribal community rights, including their benefits and their environment.
“It is of grave concern that very little to no attention at all has been given to guaranteeing Free Prior and Informed Consent (FPIC) for customary landowners.
“It lacks transparency and accountability provisions, and furthermore provides for limited to no avenues for tribal communities and communities to participate meaningfully in decisions that directly affect them. There are far too many gaps in the Bill. Very little to no respect at all is paid to Solomon Islands Land Tenure Systems, and more concerning is the fact that FPIC is not explicitly recognised (clauses.76-78).
“Constructive Consent provision in Clause 200(2)) seems to be an attempt to do away with land acquisition provision that are provided for in our current law and in Lands and Titles Act. This clause alone demands that this Bill be withdrawn.
“Clause 200(2) Constructive Consent allows for silence to be treated as consent, an injustice that cannot be entertained in any law of Solomon Islands as a democratic country.
“Clause 200(2) cannot be allowed to be or remain as a part of this proposed bill. If it does one of its major implications is that it may and will result in the State Capture of Solomon Islanders peoples’ customary resources,” TSI statement said.
TSI said the Bill removes the power and authority from the people who own the resources and properties, exposing them to be vulnerable to manipulation from ‘government and unscrupulous operators’.
“With regard to the Mineral Resources Bill 2025 and any other proposed Bills, it is important that resource owners and citizens pay particular attention to provisions that might result in your customary properties under the control of government through state capture.
“Clause 200 (2) predisposes our land, resources open to be dominated by private power which will have detrimental and devastating negative impact on the majority of Solomon Islands rural people’s way of living, and great loss of their community affluence, something that has looked after them in the absence of government. Clause 200 stops tribal communities or landowning communities from vetoing projects when it should be mandatory in any law that they should be given the opportunity to do so.
“Clause 200 leaves Solomon Islands citizens’ customary properties and resources wide open to abuse especially when it is not clear as to what type of tenement we are referring to. Is it Mining Lease Area Tenement, Prospecting Tenement, Reconnaissance tenement etc. All these terminologies have been lumped under Mineral Tenements unlike current law.
“Transparency Solomon Islands in this respect is concerned that when it comes to Building Materials Permit, people will not receive payment for their gravel, sand, stone nor Environmental Impact Assessment, nor monitoring or identification of owners.
“Mining License approval decisive authority remains with the Minister and the Minerals Board. More worrying still is the fact that in this Bill Community Development Agreements (CDA) are only required for significant projects which leave gravel, stone and sand etc. under the Building Material to be not a significant mining project.
“It is recommended that Free Prior and Informed Consent be explicitly enshrined in this law consistent with United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). It is equally important to also guarantee landowners the right to withhold consent. TSI recommend for the immediate removal of Clause 200(2) in this our first article and will be releasing our examination of other clauses in subsequent articles,” TSI said.
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