Monday, 1 November 2010

Human Rights Watch Raise Concerns Over Police Deployment

LNGWATCH: This letter to the editor, features in the NY Times (31/10/10)

To the Editor:
In One of World’s Poorest Corners, a Flood of Wealth and Worry” (front page, Oct 26) cited the return of police forces to lawless areas of Papua New Guinea as a positive effect of ExxonMobil’s operations there. But Papua New Guinea’s police force has a record of corruption and abuse. With near-total impunity, members of the force have beaten and tortured criminal suspects and raped female detainees.
Large multinational companies like ExxonMobil often rely on the police for protection in Papua New Guinea, but their protectors also prey on local communities. Police forces deployed near a gold mine run by Barrick, a Canadian company, burned a village to the ground last year, and officers allegedly raped three teenage girls in June.
ExxonMobil has publicly committed itself to follow principles designed to prevent such abuses. Unless the company succeeds, the police presence that has appeared alongside its operations may soon emerge as yet another source of local discontent.
Chris Albin-Lackey
Senior Researcher, Business
and Human Rights Program
Human Rights Watch
New York, Oct. 26, 2010

Sunday, 31 October 2010

Exxon Mobil's Profits Soar 55 Percent

LNG Watch: Interesting data from this article -  last year Exxon Mobil's profit was US40.6 billion. PNG's annual budget is about US3 billion.

ExxonMobil profit soars 55 percent in third quarter

ExxonMobil said Thursday its profit soared 55 percent in the third quarter, driven in part by higher energy prices and rising oil production in Qatar. The US energy giant reported net earnings of 7.35 billion dollars, a better- than-expected advance from the 4.73 billion dollars posted in the 2009 third quarter.

Earnings per share of 1.44 dollars in the July-September period topped the consensus forecast of 1.39 dollars. Revenue surged 16 percent to 95.29 billion dollars.

ExxonMobil, the world's largest non-state oil company, said the strong performance was due to higher crude oil and natural gas prices, improved refining margins, and solid chemical results.

"Despite continuing economic uncertainty, we had strong quarterly results and continued to advance our robust investment opportunities," ExxonMobil chairman Rex Tillerson said in a statement.

The Irving, Texas-based company said it had returned more than five billion dollars to shareholders in the third quarter, through dividends and share purchases.

The company announced Tuesday it would pay a fourth-quarter dividend of 44 cents, the same amount paid in the third quarter.

Oil and gas production rose 20 percent from the third quarter of 2009, driven in part by increased production from projects in Qatar.

Capital and exploration spending increased 35 percent, to 8.8 billion dollars. ExxonMobil reported nine-month earnings, excluding special items, were 21.21 billion dollars, a 59 percent increase from the same period in 2009.

In 2009 it posted the largest profit of any publicly listed company worldwide: 40.6 billion dollars.

Global Insight's Warning on Somare

Global Insight (29/10/2010), a global leader in economic and financial analysis,claims that the NEC's decision to increase security for the LNG project illustrates that the Somare government is willing to adopt authoritarian tactics to get things moving at the pace desired by the investors:

"Today's announcement highlights the extent of this problem. It is also highlights the importance Somare's government attaches to investor sentiment and its willingness to crack down on landowners and locals who threaten to disrupt projects either through protests or legal action. The fact that a special meeting of the NEC was held is evidence of this position ... The deployment may improve the security situation at the projects, but further disruptions remain likely in the medium term".

Friday, 29 October 2010

When Persuasion Fails Exxon Mobil Reverts to Force

According to Miles Shaw, Exxon Mobil's Public Relations Manager:
Yet now it would appear that at the very time Mr Shaw was making this claim, Exxon Mobil was placing pressure on the NEC to step up security around the LNG construction sites. This pressure is a result of the growing opposition to the LNG project as awareness grows of Exxon Mobil's environmental, labor and human rights practices.
On the 14th of October LNG Watch PNG raised serious concerns over Exxon Mobil's preparedness to use military/paramilitary forces to 'obtain' the community's consent when persuasion fails. It would now appear that as dissent heightens in the project areas, Exxon Mobil are returning to bad old habits, habits that have left them in hot water in Aceh. 
They have been fully informed of the RPNGC's mobile squads woeful record, and there is a now a responsibility on the company, given the pressure they are placing on the NEC, to ensure that the government's security forces conduct themselves properly.
If this new contingent abuse the human rights of villagers, Exxon Mobil may find that it is not only Achenese plaintiffs pursuing them in the US courts.
  
More Police to be deployed to LNG sites in PNG

A 30-strong police squad will be redeployed at three LNG project construction sites today to ensure work continues on schedule.

The National Executive Council (NEC) met in an emergency session yesterday and approved the immediate release of K10 million for security operations.

Police Commissioner Gari Baki said last night that police from Port Moresby would be sent at first light to Gobe in Southern Highlands and Gulf’s Kikori and Kopi where construction of facilities were underway for the laying of the pipeline from the gas fields to the coast to Port Moresby.

The police redeployment was to quash fears among investors, especially developer ExxonMobil and its construction contractor Clough Curtain Brothers Joint Venture (CCBJV), of growing landowner opposition over employment opportunities, working conditions and outstanding land pay issues.

Infrastructure activities at Gobe, Kikori and Kopi included camp construction and site clearing, wharf and laydown at Kopi and bridge and road works on northern and southern logistics routes.

Mr Baki said he gave a briefing on the security situation to the NEC which was chaired by Prime Minister Sir Michael Somare, and attended by Internal Affairs Minister Sani Rambi,Finance Minister Peter O’Neill, Arthur Somare (Public Enterprises) and Paul Tiensten (National Planning).

The meeting was called about 4pm amid growing concerns that investors were seriously considering their options in the multi-billion-kina project, which was scheduled to begin production in three years.

The construction phase had been targeted by the burning of equipment belonging to CCBJV at Kopi, strike at Komo airfield construction site and last Friday’s stop-work by 108 employers at two pipeline sites.

Mr Baki said police personnel from the Port Moresby-based task force division would be deployed for an indefinite period.

Police had withdrawn from selected sites during the year because of lack of funds.

Mr Rambi confirmed Mr Baki’s statement, adding that the K10 million would be drawn from the K101 million set aside last month for special police operations, including resource areas.

He said police presence was to restore law and order and, secondly, to instill public confidence in the project, especially among the expatriate workers.

The NEC intervention yesterday was forced by events of the past week when villagers stopped early
construction work on pipeline from Kopi to Kaiam and Mubi crossing.

The villagers, many of whom were employed by CCBJV, had petitioned the prime minister to address their grievances such as poor salary and bonuses, among others.

So far, ExxonMobil had not commented on the strike. 

SOURCE: THE NATIONAL/PACNEWS

Environment Act Amendment has Destabilised PNG's Investment Environment

According to D&B's (a major US ratings agency)  Country Riskline Report (November 2010) the Environment Act amendment has distabilised PNG's investment environment: 

"In May, the PNG government amended part of the country's Environment and Conservation Act 2000 to give the director of the Office of Environment and Conservation the authority to approve any investments with a potential environmental impact, such that its decisions "may not be challenged or reviewed in any court or tribunal, except at the instigation of an Authorisation Instrument". Aimed at streamlining the investment approvals process, this has proved unpopular with PNG's traditional landowners, whose long-held rights to sue for compensation for environmental damage have effectively been removed. Indeed, no sooner had work on begun on the initial construction of the country's largest planned Liquefied Natural Gas (LNG) pipeline than protests by local groups forced a walk-out by workers.
Clearly, the government's legal authority to grant approval for resource extraction projects without the consensus of local residents will be continually challenged on the ground. Complicating the situation, several affected landowners have stated that they support the LNG project, and that demonstrators are actually from other areas. Moreover, a former senior Cabinet member who recently defected to the opposition, Belden Namah, has publicly stated his belief that the LNG project will not be realised due to the government's failure to address landowner complaints correctly. Although D&B believes that the present protests are more of an attempt to win a pay-off from the government and/or the LNG pipeline developers than an outright effort to block the project, recent events still underline the high degree of political risk that will continue to hamper the progress of inward investment in PNG".

Tuesday, 26 October 2010

LNG and the Resource Curse

When ExxonMobil Begins Drilling for Gas in Papua New Guinea, Will the Country Fall Victim to the Dreaded Resource Curse?

Reports have emerged that ExxonMobil (XOM) will begin drilling for natural gas in Papua New Guinea.

The company’s operations are expected to bring $30 billion -- more than double its current GDP -- over 30 years, but many are wondering if Papua New Guinea, named one of the world’s most corrupt countries by Transparency International, will be able to avoid the so-called “Resource Curse.”

The Resource Curse is the paradox that occurs when a country finds itself sitting atop vast riches in the form of minerals, precious metals, and so forth, but finds itself pushed deeper into poverty and societal disrepair.

According to the Christian Science Monitor, Juan Pablo PĂ©rez Alfonso, one time Venezuelan oil minister, likened oil to “the devil’s excrement”. Sheikh Ahmed Yamani, his Saudi Arabian counterpart, reportedly once said, “I wish we had found water.”

Case in point: According to The New York Times, the chief of Kili, a local Papua New Guinea town, received $120,000 for land the authorities will use to shore up infrastructure surrounding ExxonMobil’s arrival.

However, in a sort of microeconomic example of the Resource Curse, he revealed that he had given most of the money away to his 10 wives, used some of it to buy 48 pigs, which he used as a dowry to woo another bride, and spent the rest on 15 cases of beer.

“All the money is now gone,” he said. “But I’m very happy about the company, ExxonMobil. Before, I had nothing. But because of the money, I was able to buy pigs and get married again.”

John Ghazvinian, the author of Untapped: The Scramble for Africa's Oil, and a visting fellow at the University of Pennsylvania, points to Africa as a prime example of the tribulations of the Resource Curse.

“Since 1990 alone, the petroleum industry has invested more than $20 billion in exploration and production activity in Africa,” he wrote. “A further $50 billion will be spent between now and the end of the decade, the largest investment in the continent's history.”

But, he noted, “Between 1970 and 1993, countries without oil saw their economies grow four times faster than those of countries with oil.”

Ghazvinian explained that “oil exports inflate the value of a country's currency, making its other exports uncompetitive. At the same time, workers flock to booming petroleum businesses, which saps other sectors of the economy.”

“Your country becomes import-dependent,” he said. “That decimates a country's agriculture and traditional industries.”

A 2000 paper [PDF] written by Thorvaldur Gylfason for the Centre for Economic Policy Research shows that, among OPEC countries, from 1965 to 1998, “gross national product per capita growth decreased on average by 1.3%, while in the rest of the developing world, per capita growth was on average 2.2%.”

Why does this happen? And what can be done in the future to head off the Resource Curse?

In an interview with Minyanville, James Paul, executive director of the Global Policy Forum, shed some light on the issue:

“There have been a number of initiatives that have been proposed by NGOs in recent years to deal with natural resource-related issues. There’s a whole host of ideas out there. It really boils down to corruption, in most cases.”

Paul says:

“Realize that these are some of the world’s largest companies -- ExxonMobil, Chevron (CVX), BHP Billiton (BHP). And they’re almost always larger in terms of revenues than the countries that they are operating in; that has an enormous capacity to corrupt people. Mines, for example, are hugely valuable. So if a company gives a government official $1 million, that’s nothing to the company, but for the official, it’s enough to retire on, in great comfort.”

Paul also points out “natural resources are getting scarcer and scarcer. To get them, you have to do more and more outrageous things. Increasing scarcity leads to more and more irresponsible acts. There’s a desperation to get this stuff which feeds the maw of the whole industrial and economic system that relies on it. You can increase extraction up to a certain point, but most of what’s easy to get has already been taken.”

What’s more, the Resource Curse exists not only in far-flung lands, but right here in the United States.

Take Massey Energy (MEE), and the Resource Curse created in West Virginia by the coal giant’s corrupt ways and the people it affected -- not least, the miners who died in a methane explosion while working in Massey’s Upper Big Branch mine last April.

In the aftermath of the tragedy, many focused on the company’s less-than-stellar safety record -- 124 citations and orders up to that point in 2010 alone, and 3,011 through 2009.

Attorney Brett Emison, of Lexington, Missouri’s Langdon & Emison called Massey’s recent history “a story great novels are made of,” and, in fact, it truly is. Massey CEO Don Blankenship’s successful attempt to “buy” a West Virginia Supreme Court judge was the basis for John Grisham's 2008 legal thriller, The Appeal.

In 2002, a West Virginia jury awarded the now-defunct Harman Coal $50 million after finding Massey liable for “fraudulent misrepresentation, concealment, and tortious interference” related to a canceled coal-delivery contract that put Harman out of business.

Massey appealed the ruling.

Two years later, the case was headed to the West Virginia Supreme Court of Appeals. While waiting for the case to be heard, West Virginia’s judicial elections were underway, and a lawyer named Brent Benjamin was running against incumbent justice Warren McGraw, whom Blankenship considered anti-business and believed would uphold the lower court’s ruling against Massey.

Blankenship formed a group called “And for the Sake of the Kids,” which raised $3 million for Benjamin’s campaign -- more money than any other group, including Benjamin’s own campaign committee -- and proceeded to paint McGraw as a radical, liberal liar who was soft on crime.

Surprise! McGraw was defeated and the new Justice Benjamin -- now West Virginia’s chief justice -- twice cast the deciding vote to throw out the judgment that had awarded $50 million to Harman Coal, after refusing to recuse himself from the case, as requested by Harman’s President Hugh Caperton. (In a related note, Justice Elliott "Spike" Maynard, who was also on the panel hearing the case, recused himself after photographs of him and Blankenship vacationing together in the French Riviera were made public.)

“Massey operates with impunity,” Emison (who was not involved with the case) told Minyanville. “They go ahead and ignore regulations because when they’re called into the courtroom and lose a case, they know they can buy their way out of it.”

Certainly, other mining companies like Peabody Energy (BTU), Arch Coal (ACI), Consol Energy (CNX), and Alpha Natural Resources (ANR) see their fair share of problems -- extracting coal from the earth is a tough business. But Massey seems to exist in a league of its own.

On June 8, 2009, in a 5-4 ruling, the United States Supreme Court found that Justice Benjamin’s failure to recuse himself from the Harman case violated the Fourteenth Amendment of the Constitution, depriving Harman Coal’s right to due process.

“The really surprising thing here is that it was a 5-4 decision,” Emison said. “That means four Supreme Court justices said there’s nothing wrong with buying a judge. Chief Justice Roberts basically said it really wasn’t a big deal.”

In an editorial, the New York Times agreed, writing that the idea that there were four dissenting opinions at all was “alarming” and noted that “Chief Justice Roberts is fond of likening a judge’s role to that of a baseball umpire. It is hard to imagine that professional baseball or its fans would trust the fairness of an umpire who accepted $3 million from one of the teams.”

Will Papua New Guinea fall victim to the Resource Curse or will it take after a country like Bostwana, which was able to avoid it, due in large part to relatively good governance and sound institutions?

The town administrator of Komo, Papua New Guinea, told a reporter that the area “was a lawless place until last year.” But, he says, “The government is coming back now. When ExxonMobil came here, it was the light at the end of the tunnel.”

In this case, perhaps the best we should hope for is that Papua New Guinea doesn’t follow West Virginia’s lead

Riches May Not Help Papua New Guinea - A must read piece on the LNG project

One of the best journalistic overviews LNG Watch has come across on the challenges the LNG presents to PNG - how telling it is that Exxon Mobil refused to be interviewed:

Riches May Not Help Papua New Guinea

by NORIMITSU ONISHI (New York Times, 25/10/10)

TARI, Papua New Guinea — A founding myth in the Southern Highlands of Papua New Guinea is said to have foretold the arrival of ExxonMobil, the American oil giant that is preparing to extract natural gas here and ship it overseas.

According to the myth, called Gigira Laitebo, an underground fire is kept alive by inhabitants poking sticks into the earth. Eventually, the fire “will light up the world,” said Peter O’Neill, the national government’s finance minister. “By development of the project and delivering to international markets, it’s one way of fulfilling the myth.”

But like all myths, this one is open to wide interpretation, as a group of men and women at a Roman Catholic parish here suggested before Sunday Mass recently.

“If foreigners come to our land, you give them food and water, but don’t give them the fire,” said John Hamule, 38, as the others nodded. “If you do, it will destroy this place.”

In 2014, ExxonMobil is scheduled to start shipping natural gas through a 450-mile pipeline, then on to Japan, China and other markets in East Asia. But the flood of revenue, which is expected to bring Papua New Guinea $30 billion over three decades and to more than double its gross domestic product, will force a country already beset by state corruption and bedeviled by a complex land tenure system to grapple with the kind of windfall that has paradoxically entrenched other poor, resource-rich nations in deeper poverty.

While the West’s richest companies are used to seeking natural resources in the world’s poorest corners, few places on earth seem as ill prepared as the Southern Highlands to rub shoulders with ExxonMobil. The most impoverished region in one of the world’s poorest countries, it went unexplored by Westerners until the 1930s. Believing that this rugged, mountainous region was uninhabited, the explorers were stunned to find at least one million people living here in one of the world’s most diverse areas, largely in small, distinct communities separated by different cultures, languages and nearly impassable terrain.

Constant tribal wars over land, women and pigs — the last being prized measures of wealth, used to pay for dowries and settle disputes — have grown deadlier in the past decade with the easy availability of high-powered rifles smuggled in from Indonesia, just to the west, which are exchanged for the marijuana grown here.

Mr. O’Neill says the Southern Highlands are too diverse, too fragmented, to develop the kind of widespread insurrection that exists in the Niger Delta of Nigeria.

But local leaders worry about the continuing inflow of guns into an area with almost no government presence, and no paved roads, electricity, running water, banks or post offices. They worry that the benefits of the gas project will fall short of expectations, begetting a generation of young men who will train their anger on ExxonMobil.

Already, in fact, angry landowners have forced ExxonMobil’s contractors to suspend work temporarily at several construction sites, and local businessmen bid for contracts with unconcealed threats.

“Any outside waste management company that is given the contract will not be allowed into Komo by force or whatever means,” said Robin Tuna, 34, whose company was bidding for just such a contract in Komo, an area south of here where ExxonMobil is building a large airfield.

And ExxonMobil faces the daunting prospect of dealing with Papua New Guinea’s distinctive form of land tenure, which grants control over 97 percent of the land to customary landowners, primarily indigenous people whose ownership rights to small plots are inherited. More than 60,000 people own land where gas will be either extracted or transported.

To get their agreement, the government invited 3,000 to a meeting last year to hammer out benefit-sharing agreements. The government intentionally held the conference on an island to ward off gate-crashers, though 2,000 uninvited landowners eventually flew over, said Anderson Agiru, the governor of Southern Highlands Province. The meeting, scheduled for seven days, lasted six weeks.

And still thousands, who remain unsatisfied, have streamed to the nation’s capital, Port Moresby, to try to get their cut.

“They tell us they are busy or to come back the next day,” said Jim Tatape, one of hundreds of angry landowners milling around recently in front of the Department of Commerce and Industry, waiting to see anybody inside.

“We don’t want to deal with government anymore,” added Mr. Tatape, who was seeking money to start a small, though vaguely defined, business. “ExxonMobil is the developer. We are the landowners. We should deal together.”

Officials at ExxonMobil declined to be interviewed for this article. In an e-mail, the company said it “seeks to create long-term economic and social benefits from its projects and presence.” Citing its ethics policy, the company wrote that it strived to “help developing nations to improve their systems as well as help support local business to develop proper governance systems.”

The picture here in the Southern Highlands is not completely bleak. With the start of several ExxonMobil-related construction projects in recent months, for instance, the police have returned after a long absence.

“It was a lawless place until last year,” said Joe Wija, 43, the town administrator at Komo, where police barracks and a new provincial government building are being constructed after the end of a long tribal war.

“The government is coming back now. When ExxonMobil came here, it was the light at the end of the tunnel.”

Here in Tari — the largest town closest to the gas fields but really just a series of squat buildings surrounding a recently fenced-off airstrip — a separate tribal war has given way to new businesses.

“No one from the outside dared to come to Tari two years ago,” said Peter Muli, 37, whose chicken restaurant, House-Kai, is now thriving.

One recent afternoon, Tari was swarming with villagers, most of them barefoot, who had descended from the surrounding hills, where they live in hamlets dotted with thatched huts. Here, they sold fruits, vegetables and coffee beans. Some men strutted around in traditional garb, wearing elaborate wigs and body paint, even as others, dressed in T-shirts and other hand-me-downs from Australia, competed fiercely at darts to win a can of Coke.

With gas exports a few years off, only a little money has begun flowing into the hands of the people here. But it has begun to worry the priests at the Catholic parish.

“You want to be optimistic but you have to be realistic,” said the Rev. Sam Driscoll, 78, a Capuchin Franciscan friar from West Virginia who has lived in Papua New Guinea for 50 years.

The money, the friars said, risked deepening existing problems like alcoholism, marijuana use and polygamy. “The people here are not ready for that kind of money,” said the Rev. Paul Patlo, a Papua New Guinean.
While conceding the danger of social disruptions, Papua New Guinea officials are adamant that the windfall will be used for development and not siphoned off by the well connected. Mr. O’Neill, the finance minister, said the government planned to channel the revenue into three sovereign wealth funds that would be overseen by a board of advisers, including foreigners, adding that the government would also be held accountable by the World Bank and other creditors.

But Michael McWalter, a former director of the petroleum division at the Department of Petroleum and Energy and a current adviser, said that corruption permeated the country’s political establishment and bureaucracy.

“Whether they will put the money into a revenue fund and steal it all in one go, I don’t know,” said Mr. McWalter, who is also a director of Transparency International here.

Father Patlo, 39, told his congregation at Hulia Parish here the biblical parable of the unjust steward, who misused money entrusted to him.

“The government and the company sit together and eat in the same place, so they must develop the country together,” he went on, but he also assigned responsibility to his listeners, exhorting them to spend their money on their children’s school fees and save any left over.

Earlier, he had held up a warning: a local village chief who had squandered a $120,000 windfall.
A short drive away, Hamon Matipe, the septuagenarian chief of Kili, confirmed that he had received that sum four months earlier. In details corroborated by the local authorities, Mr. Matipe explained that the provincial government had paid him for village land alongside the Southern Highlands’ one major road, where the government planned to build a police barracks.

His face adorned with red and white paint, a pair of industrial safety glasses perched incongruously on a head ornament from which large leaves stuck out, Mr. Matipe said he had given most of the money to his 10 wives. But he had used about $20,000 to buy 48 pigs, which he used as a dowry to obtain a 15-year-old bride from a faraway village, paying well above the going rate of 30 pigs. He and some 30 village men then celebrated by buying 15 cases of beer, costing about $800.

“All the money is now gone,” Mr. Matipe said. “But I’m very happy about the company, ExxonMobil. Before, I had nothing. But because of the money, I was able to buy pigs and get married again.”

http://www.nytimes.com/2010/10/26/world/asia/26papua.html?_r=1&src=me&pagewanted=all#