PORT MORESBY (Papua New Guinea Post-Courier/PINA) — United States lawyers representing the Bougainvilleans in the multi-million dollar lawsuit against mining giant Rio Tinto over environmental damage are visiting Papua New Guinea.
The lawyers visited Bougainville over the weekend at the Bougainville leaders’ request, to explain the current situation of the lawsuit.
Brent Walton, of Hagens Berman law firm, said he also hoped to meet with Papua New Guinea Prime Minister Mekere Morauta and Chief Secretary Robert Igara.
He said he wants to explain the courts’ position and to answer any questions.
He also highlighted that the landmark case was not entirely dismissed.
But it was pending following a U.S. court’s decision to allow the Papua New Guinea government until April 19 to consent to having the class action heard in Papua New Guinea.
“The future of the case in the U.S. depends on whether the PNG government agrees to the conditions imposed by the court,” the lawyer said.
“The judge has said that the court case will not go ahead in the U.S. court only if the PNG government consents to having the class action heard in PNG.
“However, the judge also said if the case is to go ahead in PNG, the PNG government must waive every legal bar that might prevent the case from proceeding in PNG. Rio Tinto must also agree not to rely on any bar to the claim proceeding in PNG.”
The conditions imposed by Justice Margaret Morrow, of the U.S. District Court of California, would prevent the Papua New Guinea government prosecuting the plaintiffs under the PNG Compensation Act. This disallows certain foreign litigation.
The judge relied on a statement of interest filed by the U.S. State Department which said the further hearing of the case might adversely affect U.S. foreign policy interests.
The State Department had received representations from the Papua New Guinea government that the case would interfere with the Bougainville peace process and might affect the relationship between PNG and the U.S.
Australia is also reported to have lobbied the Americans not to allow the case to go ahead, saying it could hurt the peace process.
The peace process, including giving Bougainville more autonomy, is to ensure a permanent solution to the conflict, which some estimates say cost up to 15,000 lives.
